2016-02-22_Agenda Packet--Dossier de l'ordre du jour`r
City of Saint John
Common Council Meeting
AGENDA
Monday, February 22, 2016
6:30 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plaft utiliser 1'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658 -2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of February 8, 2016 2 - 9
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1
Proclamation Policy (Recommendation: Council Approve Policy)
10-17
5.2
Proposed Public Hearing Date - 172 City Line and 395 Manchester Avenue
18-19
(Recommendation in Report)
5.3
Symphony New Brunswick - Community Grants Request (Recommendation:
20-33
Refer to Community Grants Evaluation Committee)
5.4
Public Information Session: Exmouth Street and Golding Street - Water, Sanitary
34-36
and Storm Sewer Renewal and Street Reconstruction (Recommendation:
Receive for Information)
5.5
Section 74 of the Municipalities Act (Recommendation: Receive for Information)
37-38
6. Members Comments
7. Proclamation
1 P"d BY: $ 1BE'
1
7.1 Freedom to Read Week - Feb 21 -27, 2016
39-39
7.2 Realtor Day - March 2, 2016
40-40
8.
Delegations / Presentations
8.1 Saint John Heritage Awards 2015
41
-82
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By -laws
10.1 Proposed Zoning ByLaw Amendment with Sec 39 Conditions - 3540 Westfield
83-85
Road (Third Reading)
11.
Submissions by Council Members
11.1 Safe, Clean Drinking Water Project Workers (Councillor Lowe)
86-86
11.2 Attendance Matters Presentation (Councillor Norton)
87-88
12.
Business Matters - Municipal Officers
12.1 Uptown White Tree Lights
89-91
12.2 "The Crossing" Development — Referral of Application to Planning Advisory
92-120
Committee
12.3 29 - 2016 Sports Field User Rates
121 -123
12.3.1 Saint John Alpines - Proposed Field Rates 2016
124-125
12.4 Task Force on Economic Development Final Report
126-189
12.5 MC2016 -034, OSDS Council Report - Click2Gov and Home Show, 2016 02 15
190-193
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Leger & Barry: Saint John County Courthouse Declaration of Trust
194-205
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 Tentative Collective Agreement with CUPE Local 486
206-276
1
17.2 Commissioner, Saint John Water Appointment 277-277
17.3 Appointment Commissioner of Transportation and Environment Services - 278-278
Appointment of Chief City Engineer
18. Adjournment
City of Saint John
Common Council Meeting
Monday, February 22, 2016
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:00 p.m. 8th Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Financial Matter 10.2(4)(c)
1.3 Employment Matter 10.2(4)0)
1.4 Personnel Matter 10.2(4)(b,j)
1.5 Personnel Matter 10.2(4)(b,j)
1.6 Personnel Matter 10.2(b,j)
Ville de Saint John
Seance du conseil communal de The City of Saint John
Le lundi 22 fevrier 2016
18 h, Salle du conseil
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en fran�ais pour une reunion du conseil
communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion
en prive en vertu des dispositions prevues a I'article 10 de la Loi sur les municipolites. Le
conseil /comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h 30 — Salle de conference, 8 stage, h6tel de ville
1.1 Approbation du proces- verbal — paragraphe 10.2(4)
1.2 Question financiere — alinea 10.2(4)c)
1.3 Question relative a 1'emploi — alinea(4)j)
1.4 Question personnel —
alinea(4)b)j)
1.5 Question personnel —
alinea(4)b)j)
1.6 Question personnel —
alinea(4)b)j)
1.7 Question financiere —
alinea 10.2(4)c)
1.8 Comite des candidatures — alinea(4)b)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Norton.
2. Approbation de la seance, suivie de la priere
2.1 Proces- verbal de la reunion du 8 fevrier 2016
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
S. Questions soumises a I'approbation du conseil
5.1 M/C 2016 -035 : Politique sur les demandes de proclamation (recommandation
le conseil communal adopte la politique)
5.2 M/C 2016 -030 : Date des audiences publiques proposees - 172, chemin City Line
et 395, avenue Manchester (recommandation : clans le rapport)
5.3 Symphonie Nouveau-Brunswick: demande de subvention communautaire
(recommandation : transmise au Comite devaluation des subventions communautaires)
5.4 M/C 2016 -033 : Seance d'information publique : rues Exmouth et Golding —
renouvellement des reseaux d'aqueduc, d'egouts sanitaires et d'egouts pluviaux, et
travaux de refection (recommandation : re�u a titre informatif)
5.5 M/C 2016 -039 : Article 74 de la Loi sur les municipalites (recommandation : regu
A titre informatif)
6. Commentaires presents par les membres
7. Proclamation
7.1 Semaine de la liberte d'expression du 21 au 27 fevrier 2016
7.2 Journee des agents immobiliers — le 2 mars 2016
8. Delegations et presentations
8.1 Prix du patrimoine de Saint John 2015
9. Audiences publiques —18 h 30
10. Etude des arretes municipaux
10.1 Projet de modification de I'arrete de zonage - conditions imposees par
I'article 39 — 3540, chemin Westfield (troisieme lecture)
11. Interventions des membres du conseil
11.1 Travailleurs du projet d'eau propre, saine et potable (conseiller Lowe)
11.2 Presentation sur les questions de presences (conseiller Norton)
12. Affaires municipals evoquees par les fonctionnaires municipaux
12.1 Lumieres blanches clans les arbres au centre -ville
12.2 Am6nagement « The Crossing » — Renvoi de la demande au comit6 consultatif
d'urbanisme
12.3 Tarifs factures aux utilisateurs des terrains de sport en 2016
12.3.1 Saint John Alpines — Tarifs proposes en 2016
12.4 Rapport du Groupe de travail sur le d6veloppement 6conomique
12.5 Guichet unique pour I'amenagement — Demonstration et lancement de
Click2Gov, et participation au Atlantic National Home Show
13. Rapports deposes par les comit6s
14. Etude des sujets 6cart6s des questions soumises a I'approbation du conseil
15. Correspondence g6n6rale
15.1 Leger & Barry : Declaration de fiducie relative au palais de justice du comt6 de
Saint John
16. Ordre du jour suppidmentaire
17. Comit6 pl6nier
17.1 Accord de principe avec la section locale 486 du SUP
17.2 Nomination du commissaire de Saint John Water
17.3 Nomination du commissaire aux services de transport et d'environnement, et de
I'ingenieur -chef municipal
18. Lev6e de la s6ance
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Council Minutes- Regular Meeting
February 08, 2016
Nom.`
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
FEBRUARY 08, 2016 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor M. Norton
Deputy Mayor S. Rinehart
Councillor B. Farren
Councillor S. Fullerton
Councillor G. Lowe
Councillor J. MacKenzie
Councillor S. McAlary
Councillor D. Merrithew
Councillor G. Norton
Councillor D. Reardon
Councillor R. Strowbridge
Also
Present: City Manager J. Trail
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Commissioner of Finance and Treasurer K. Fudge
Commissioner of Transportation and Environment W. Edwards
Commissioner of Growth and Community Development J. Hamilton
Deputy Commissioner Transportation and Environment M. Hugenholtz
Deputy Commissioner of Growth Community Development P. Ouellette
Fire Chief K. Clifford
Police Chief J. Bates
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
Mayor Norton called the meeting to order.
1.1 Safe, Clean Drinking Water Proclamation
The Mayor proclaimed February 8, 2016 as beginning the Design and Construction
Phase of the Safe, Clean Drinking Water Project in the City of Saint John.
The Mayor acknowledged the Honourable Wayne Long, M.P. Saint John - Rothesay; the
Honourable Ed Dougherty, M.L.A. Saint John Harbour; Will Chow, Port City Water
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Common Council Minutes
February 08, 2016
Partners consortium and their participation in the official signing of the SCDWP
Proclamation.
1.1.1 Safe, Clean Drinkine Water Proiect - Notice of Commercial and Financial Close
The City Manager acknowledged the diverse project team and their effort on this
exceptional undertaking, under the leadership of Commissioner Bill Edwards.
Mr. Edwards described the project and the support and encouragement of Common
Council, the Provincial Government, P3 Canada and the consortium partners throughout
the project development and their commitment to the project.
Mr. Chow described the Port City Water Partners consortium consisting of Brookfield
Financial Securities LP; Acciona Group of Companies; North America Construction (1993)
Ltd. (NAC); AMEC Foster Wheeler; Stantec Consulting Ltd.; SIMO Management Inc.; FCC
Construction and Gulf Operators Ltd. and the commitment of the City and the project
team on the landmark project.
Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart:
RESOLVED that the submitted report entitled, M &C 2016 -026: Safe, Clean Drinking
Water Project - Notice of Commercial and Financial Close, be received for information.
MOTION CARRIED.
2. Approval of Minutes
2.1 Minutes ofJanuary 25. 2016
Moved by Councillor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the minutes of the meeting of Common Council, held on January 25,
2016, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Reardon, seconded by Councillor MacKenzie:
RESOLVED that the agenda of this meeting be approved with the addition of item 17.1
City Interest in Two Provincially Owned Properties — Former Saint John Courthouse and
Residential Land in Lorneville.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
No disclosures of conflict of interest were declared.
5. Consent Agenda
5.1 That the letter from the PRO Kids Advisory Committee regarding the 2016
Executive be received for information.
5.2 That the request for funding from LivingSJ be referred to the Community Grant
Evaluation Committee.
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Council Minutes- Regular Meeting
February 08, 2016
5.3 That the request for proclamation from the Saint John Free Public Library for
Freedom To Read be approved and prepared by the Common Clerk's office.
5.4 That as recommended by the City Manager in the submitted report M &C2016-
019: Amendment to Agreement with Plozocorp to Purchase City Land off Millidge
Avenue and University Avenue, the agreement authorized by Council at its meeting
dated August 4, 2015 (M &C #2015 -156) with Plazacorp Property Holdings Inc. for the
purchase and sale of City Lands bearing PID #55221717, be amended, to change Section
1.1 by deleting the definition of "Commitment Date ", and replacing it with "August 1,
2016 "; in all other respects the agreement remains unchanged.
5.5 That the presentation request from the Anglophone South School District
regarding Attendance Matters be received for information.
5.6 That the letter from A. Edgett regarding parking on Queen Square be referred to
the Saint John Parking Commission.
5.7 That as recommended by the City Manager in the submitted report M &C2016-
022: Spring 2016 Debenture Issue — Notice of Motion, Common Council approve the
following:
RESOLVED that occasion having arisen in the public interest for the following Public Civic
Works and needed Civic Improvements, that is to say:
Purpose of Issue
The City of Saint John
Proposed Issue of Debentures
To be Dated On or after March 10, 2016
,eI�►1�:L1�1�1►G
General Government
$ 400,000
Protective Services
$ 200,000
Transportation Services
$ 3,000,000
Economic Development
$ 1,400,000
Parks and Recreation
$ 1,000,000
WATER & SEWERAGE UTILITY
Water System $ 2,000,000
Wastewater System $ 2,000,000
TOTAL
$ 6,000,000
$ 4,000,000
$ 10,000,000
THEREFORE RESOLVED that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the
amount of $ 10,000,000.
Moved by Councillor Reardon, seconded by Councillor McAlary:
RESOLVED that the recommendation set out for each consent agenda item respectively
be adopted.
MOTION CARRIED.
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Common Council Minutes
February 08, 2016
6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 Heart Month - February 2016
The Mayor proclaimed February 2016 Heart Month in the City of Saint John.
7.2 Heritage Week and Heritage Day
The Mayor proclaimed the week of February 8 -15, 2016 and the day of February 15,
2016 Heritage Week and Heritage Day respectively in the City of Saint John.
7.3 White Cane Week - Feb 7 -14, 2016
The Mayor proclaimed the week of February 7 -14, 2016 White Cane Week in the City of
Saint John.
8. Delegations /Presentations
8.1 Saint John Multicultural and Newcomers Resource Centre Inc. Presentation
Anne Marie Gillis, Chairperson, and Mohamed Bagha, Managing Director, Saint John
Multicultural and Newcomers Resource Centre Inc. (SJMNRC) illustrated the services
provided by the SJMNRC.
The diverse services provided by the SJMNRC in both official languages include:
• Newcomer Assistance Program
• Volunteering Programs
• Youth Program
• Francophone Program
• Welcoming Newcomers from Syria
Moved by Councillor Reardon, seconded by Councillor MacKenzie:
RESOLVED that the presentation by Saint John Multicultural and Newcomers Resource
Centre Inc. be received for information.
V Lit [i L[ I 1 e \: 0: 0111 � a
9. Public Hearings 6:30 PM
9.1 Staff Presentation — 3540 Westfield Road Proposed Zoning By -Law Amendment
9.1.1 Planning Advisory Committee Report recommending Rezoning with
Section 39 Conditions
9.1.2 Proposed Zoning By -Law Amendment — 3540 Westfield Road (15t and 2nd
Readin
The Common Clerk advertised that the necessary advertising was completed with regard
to the proposed zoning bylaw amendment for a parcel of land located at 3540 Westfield
Road to permit a household contractor service in the existing building, with no written
objections received. The Planning Advisory Committee recommended approval of the
re- zoning as set out in the submitted report, with section 39 conditions.
5
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Council Minutes- Regular Meeting
February 08, 2016
The Mayor called for members of the public to speak against the re- zoning with no one
presenting.
The Mayor called for members of the public to speak in favour of the re- zoning with
Joe Brooks of Grand -Bay Westfield owner of the building presenting.
Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart:
RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 2480 square metres, located at
3540 Westfield Road, also identified as PID Numbers 00295337, 55221840 and
55221832, from Neighbourhood Community Facility (CFN) to Rural General Commercial
(CRG), be read a first time.
MOTION CARRIED.
Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Councillor McAlary, seconded by Councillor Reardon:
RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John," amending Schedule A, the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 2480 square metres, located at
3540 Westfield Road, also identified as PID Numbers 00295337, 55221840 and
55221832, from Neighbourhood Community Facility (CFN) to Rural General Commercial
(CRG), be read a second time.
MOTION CARRIED.
Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
10. Consideration of By -laws
10.1 Public Presentation — Proposed Municipal Plan Amendment — 55 Univers
Avenue
A Public Presentation was given for a proposed amendment to the Municipal
Development Plan which would redesignate, on Schedule A of the Plan, a parcel of land
with an area of approximately 1.5 hectares, located at 55 University Avenue, also
identified as PID Number 55221717, from Suburban Neighbourhood, to Local Centre;
and to redesignate, on Schedule B of the Plan, the same parcel of land, from Low to
Medium Density Residential to Local Centre to permit an approximately 1200- square-
metre commercial development and potential future development.
10.2 Third Readine —Common Council Procedural By -Law Amendment
Moved by Deputy Mayor Rinehart, seconded by Councillor Reardon:
RESOLVED that the by -law entitled, "By -Law Number M -5 A Law to Amend a By -Law
Respecting the Procedure of the Common Council of the City of Saint John ", by
amending subsection 8.4; adding subsections 2.24, 4.13, and 5.8; repealing and
replacing subsection 21.11; and amending subsection 21.14, be read.
MOTION CARRIED.
X
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Common Council Minutes
February 08, 2016
The by -law entitled," By -Law Number M -5 A Law to Amend a By -Law Respecting the
Procedure of the Common Council of the City of Saint John ", was read in its entirety.
Moved by Councillor McAlary, seconded by Deputy Mayor Rinehart:
RESOLVED that the by -law entitled, "By -Law Number M -5 A Law to Amend a By -Law
Respecting the Procedure of the Common Council of the City of Saint John ", by
amending subsection 8.4; adding subsections 2.24, 4.13, and 5.8; repealing and
replacing subsection 21.11; and amending subsection 21.14, be read a third time,
enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the bylaw entitled," By -Law Number M -5 A Law to Amend a
By -Law Respecting the Procedure of the Common Council of the City of Saint John ".
11. Submissions by Council Members
11.1 Pavment for Issuance of Receiat(s) Water and Sewerage Accounts (Councillors
Farren and Norton)
Moved by Councillor Farren, seconded by Councillor Norton:
RESOLVED that the matter regarding payment for issuance of official tax receipt(s) for
water and sewerage accounts be referred to the City Manager for a report.
MOTION CARRIED with Councillor Fullerton voting nay.
11.2 Designated Snow Ban Lots (Mayor Norton)
Moved by Councillor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the matter regarding designated snow ban lots be referred to the City
Manager for a report.
MOTION CARRIED with Councillor Fullerton voting nay.
11.3 In -Kind Service for Communitv Food Basket (Councillor Reardon
Councillor Reardon withdrew the motion.
11.4 Section 74 of The Municipalities Act (Councillor Farren)
Responding to a question, the City Manager outlined the Section 74 provisions of the
Municipalities Act.
Moved by Councillor Farren, seconded by Councillor Norton:
RESOLVED that the City Manager provide to Council a full and complete list of Saint John
City Hall staff positions that are currently, or able to be, covered under section 74 of the
Municipalities Act at his earliest convenience.
MOTION CARRIED.
12. Business Matters - Municipal Officers
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February 08, 2016
12.1 Referral of Saint John Building By -law and Subdivision By -law to the Planning
Advisory Committee
Moved by Councillor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report M &C
2016 -023: Referral of Saint John Building By -law and Subdivision By -law to the Planning
Advisory Committee, Common Council refer the proposed Saint John Building By -law
and the proposed Subdivision By -law to the Planning Advisory Committee for its written
view of the draft by -laws in accordance with the requirements of the Community
Planning Act.
MOTION CARRIED with Councillor Fullerton voting nay.
12.2 2016 Reporting Program for ABCs
P. Ouellette provided an overview of the submitted report and he responded to
questions.
Moved by Councillor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report entitled,
M &C2016 -025: 2016 Reporting Program forABCs, Common Council direct the Common
Clerk to schedule and implement the 2016 ABC reporting program.
MOTION CARRIED.
12.3 By -Law Number M -16 —A By -Law Respecting Water and Sewerage By -Law (the
"By- Law ") — Service of Notices — subsection 49(c)
Moved by Deputy Mayor Rinehart, seconded by Councillor McAlary:
RESOLVED that as recommended by the City Manager in the submitted report entitled,
M &C 2016 -021: By -Law Number M -16 —A By -Law Respecting Water and Sewerage By-
Law (the "By -Law ") — Service of Notices — subsection 49(c), the City Solicitor be directed
to prepare an amendment to By -Law Number M -16 - A By -Law respecting Water and
Sewerage that repeals subsection 49(c) thereof and replaces same with a requirement
that notices issued thereunder need only be sent by regular mail.
MOTION CARRIED.
13. Committee Reports
13.1 Heritage Development Board - 2015 Heritage Awards
Moved by Councillor Farren, seconded by Councillor Reardon:
RESOLVED that the Heritage Development Board - 2015 Heritage Awards report be
received for information.
MOTION CARRIED.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Safe Harbour - Support from City to Province
Moved by Councillor McAlary, seconded by Councillor Farren:
n.
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Common Council Minutes
February 08, 2016
RESOLVED that the Safe Harbour - Support from City to Province letter be received for
information.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 City Interest in Two Provincially Owned Properties — Former Saint John
Courthouse and Residential Land in Lorneville
Moved by Deputy Mayor Rinehart, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole, having met on
February 8, 2016, Common Council advise the Province of New Brunswick that it has no
interest in acquiring either property specified in its letter addressed to the Mayor of the
City of Saint John dated November 27th, 2015.
MOTION CARRIED with Councillor Fullerton voting nay.
18. Adjournment
Moved by Councillor MacKenzie, seconded by Councillor Strowbridge:
RESOLVED that the meeting of Common Council held on February 8, 2016 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:00 p.m.
Mayor / maire
Common Clerk / greffier communal
9
�! "C JD 1
COUNCIL REPORT
M &C No.
2016 -35
Report Date
February 16, 2016
Meeting Date
February 22, 2016
Service Area
Corporate Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT: Proclamation Policy
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
Patricia Anglin
Jon Taylor
Jeff Trail
RECOMMENDATION
That Common Council adopt the Proclamation Policy.
EXECUTIVE SUMMARY
The Proclamation Policy will provide a standard to govern requests for
proclamations announced by the Mayor. This will ensure requests for
proclamations are equitable and recognize individuals, events, campaigns,
organizations or community groups of significance to the City.
PREVIOUS RESOLUTION
By -Law Number M -5 a By -law Respecting the Procedure of Common Council,
section 11.6(9)
STRATEGIC ALIGNMENT
This aligns with the Customer Service commitment that ensure requests are
responded to in a timely manner.
177H:fil
Proclamations are ceremonial documents that recognize the value and
importance of an individual, event, campaign, organization or community group
that has city -wide significance to the City of Saint John. It is the duty of the
Mayor as the Presiding Officer at Council meetings to consider proclamations
10
-2-
and announce them, Procedural Bylaw s. 11.6(9). The Policy will streamline the
proclamation submissions and ensure a fair and transparent process.
SERVICE AND FINANCIAL OUTCOMES
The public will have access to the terms under which proclamations are
announced and a standardized format to submit the request.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Nil
ATTACHMENTS
Draft Proclamation Policy.
11
12
The City o9- Saint john
Proclamation Policy
Policy Category: Protocol
Policy No.: 2016 -002
Implementing Procedure No.:
Approved or Last Reviewed Date: 2016 -02 -10
Next Review Date: (Council Term May 2016 -2020)
Area(s) this policy applies to:
Owner Service:
Proclamations issued by the Mayor of the City of
Legislative Services / Common Clerk
Saint John
Related Policy(ies)
Revision History:
Date Created:
Senior Leadership
Council
Approval
Contact:
Review Date:
Date:
Common Clerk
2016 -02 -09
12
TABLE OF CONTENTS
1. PURPOSE STATEMENT .................................................................................... ..............................3
2. SCOPE ............................................................................................................. ..............................3
3. POLICY STATEMENTS ..................................................................................... ..............................3
4. LEGISLATION AND STANDARDS ..................................................................... ..............................5
5. ROLES AND RESPONSIBILITIES ....................................................................... ..............................5
6. MONITOR AND REVIEW ................................................................................. ..............................5
7. IMPLEMENTATION ......................................................................................... ..............................5
8. AUTHORIZATION ............................................................................................ ..............................5
9. RESOURCES .................................................................................................... ..............................5
10. PROCEDURES ................................................................................................ ..............................5
11. GLOSSARY ..................................................................................................... ..............................6
12. INQUIRIES ..................................................................................................... ..............................6
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1. PURPOSE STATEMENT
The Purpose of the Proclamation Policy (the Policy) is to provide a standard to govern requests for
proclamations issued by the Mayor of the City of Saint John (the Mayor) in recognition of an individual,
event, campaign, organization or community group of significance to the City.
2. SCOPE
The policy relates to proclamations issued by the Mayor during regular Council meetings and appears as
item 7. Proclamation on the Council Meeting Agenda.
3. POLICY STATEMENTS
A. Policy Statements:
The City issues proclamations to recognize an individual, event, campaign, organization, and community
group of significance to the City. A proclamation will recognize a particular, day, week, month or year.
The proclamation itself is issued to acknowledge the effort and commitment of an individual,
organization or community group and should not be interpreted as an endorsement by the City.
The Clerk has authority to review proclamations against the criteria of the Policy and to approve or deny
requests for proclamations based on the Policy criteria.
Mayor has authority to approve or deny requests for proclamations. The decision of the Mayor is final.
B. Proclamation Criteria:
Proclamations will demonstrate an interest in or relationship to the City, including but not limited to:
(a) Arts Celebrations
(b) Cultural celebrations
(c) Charitable fundraising campaigns
(d) Civic Promotions
(e) Public awareness campaigns
(f) Honouring individuals or organizations for special achievements
Proclamations related to the following will not be approved, including but not limited to:
(a) Individuals, events, campaigns, organizations or community groups with no demonstrated significant
interest or relationship to the City
(b) Political parties or political organizations
14
(c) Religious organizations or the celebration of religious events
(d) Business or commercial enterprises
(e) Illegal matters, including matters contrary to corporate policies or bylaws
(f) Matters which defame the integrity of the City
(g) Discriminatory or inflammatory matters
(h) Matters designed to incite hatred or disorder
Proclamations will not be issued if the first day to be recognized has passed.
The Common Clerk will decide on requests for proclamations which do not fall into any of the criteria
outlined above.
C. Application Procedure:
(a) Requests for proclamations must be submitted to the Common Clerk at least (3) weeks in advance of
the first date of recognition.
(b) The Clerk will review all applications and determine if the proclamation is consistent with the Policy.
(c) The Clerk may make any amendments to the proclamation, which in the Clerk's opinion improves the
structure and /or overall intent of the requested proclamation.
Previously Proclaimed Request:
(d) If the proclamation was previously proclaimed by the Mayor within the past calendar year, and is
consistent with the Proclamation Criteria in section (B), the proclamation will be issued, and placed on
an agenda for the Mayor to announce.
Not Previously Proclaimed Request:
(e) If the proclamation was not previously approved by the Mayor in the past calendar year, the request
will first be reviewed by the Clerk against the approved eligibility criteria and if eligible, the Clerk will
place the request on an agenda for the Mayor to announce.
Proclamation Request denied by Clerk:
(f) If a proclamation request is denied by the Clerk as part of the eligibility review, the Clerk shall advise
the Mayor. The Mayor may uphold or reject the Clerk's recommendation.
If the Mayor denies the proclamation request, a letter will be sent to the requester outlining the reasons
the request was denied. If the Mayor rejects the Clerk's recommendation to deny the request, then the
Proclamation will be placed on an agenda for the Mayor to announce.
4
15
D. Communication of Proclamation
(a) The Mayor will read the approved Proclamation during a regular meeting of Council.
(b) The Proclamation will be listed in the Council Agenda materials on the date proclaimed and available
to the public on the City website.
4. LEGISLATION AND STANDARDS
The City acknowledges the following standards that relate to the Policy:
By -Law Number M -5 A By -law Respecting the Procedure of Common Council, section 11.6(9).
5. ROLES AND RESPONSIBILITIES
It is the duty of the Mayor as the Presiding Officer at Council meetings to consider proclamations and
announce them to Council.
The Common Clerk is responsible for reviewing Proclamation requests against the Policy criteria.
The Common Clerk will maintain a record of all proclamation requests received that will include when
the request was received, whether the proclamation request was granted or denied, the proclamation
period (day, week, month, year), and the date approval was granted.
The Common Clerk is responsible for the implementation and interpretation of this Policy.
6. MONITOR AND REVIEW
The Policy is subject to review at the beginning of each new term of council.
7. IMPLEMENTATION
Implementation of the Policy is immediate, on approval of Common Council.
8. AUTHORIZATION
This Policy has been approved by Common Council on Month,day, 2016.
9. RESOURCES
The City recognizes that staff are responsible to collaborate with the public on the Proclamation Policy
and procedures.
10. PROCEDURES
Proclamation procedures will be developed in consultation with the Common Clerk or his /her designate.
5
16
11. GLOSSARY/ DEFINITIONS
Proclamation - Proclamations are ceremonial documents that recognize the value and importance of an
individual, event, campaign, organization or community group that has city -wide significance to the City
of Saint John. The Mayor considers proclamations and announces approved proclamations to the
Council.
12. INQUIRIES
For more information on the Policy, please contact the Common Clerk.
0
17
COUNCIL REPORT
M &C No.
2016 -030
Report Date
February 15, 2016
Meeting Date
February 22, 2016
Service Area
Growth and Community
Development Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT. Proposed Public Hearing Date —172 City Line & 395 Manchester
Avenue
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
Jacqueline Hamilton
Jacqueline Hamilton
I Jeff Trail
RECOMMENDATION
That Common Council schedule the public hearings for the rezoning applications
of Andreas Holmes (172 City Line) and Hughes Surveys & Consultants Inc. (395
Manchester Avenue) for Monday, April 4, 2016 at 6:30 p.m. in the Council
Chamber, and refer the applications to the Planning Advisory Committee for a
report and recommendation.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning and
Section 39 amendment applications received and to recommend an appropriate
public hearing date. The next available public hearing date is Monday, April 4,
2016.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all applications
for amendments to the Zoning By -law and Section 39 resolutions/
agreements and proceed to prepare the required advertisements; and
2. when applications are received a report will be prepared recommending
the appropriate resolution setting the time and place for public hearings
and be referred to the Planning Advisory Committee as required by the
Community Planning Act.
in
Ma
STRATEGIC ALIGNMENT
It is a Council priority to "implement clear and consistent internal processes to
facilitate investment and development in Saint John while maintaining City
standards that align with PIanSJ." The holding of public hearings for proposed
rezoning and Section 39 amendments is a requirement of the Community
Planning Act.
REPORT
As provided in Common Council's resolution of August 3, 2004, this report
indicates the rezoning and Section 39 amendment applications received and
recommends an appropriate public hearing date.
Details of the applications are available in the Common Clerk's office and will
form part of the documentation at the public hearings.
The following applications have been received:
Name of Location
Existing
Proposed
Reason
Applicant
Zone
Zone
Andreas 172 City Line
Neighbourhood
Integrated
To permit the
Holmes
Community
Development
conversion of
Facility (CFN)
(ID)
the former St.
Patrick's School
for a mix of com-
mercial and light
industrial uses
Hughes Surveys 395 Manchester Rural (RU)
& Consultants Avenue
Inc. (for
Galbraith Con-
struction Limited
SERVICE AND FINANCIAL OUTCOMES
Pit and To permit the
Quarry (PQ) expansion of an
existing gravel
Pit
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not applicable.
ATTACHMENTS
1►oTH
19
Saint John Common Council
c/o Common Clerk's office
Stn Floor, City Hall
PO box 1971
Saint John, NB
February 3, 2016
2016 Community Grants Request
To the Saint John Common Council:
East spring, Symphony New Brunswick received a Community Project Special Events Grant of $7000.00
to stage a Free Family outdoor concert. This concert included 2 story corners, a pop up visit from the
library, a magician, face painter, and a balloon twister. We were supported by the Marco Polo Cruise
terminal for the venue and a private sponsor paid for the magician, face painter and balloon twister.
We had a full orchestra and a program of accessible classical music as well as the stories supported by
music and read by an actor. The program was made possible with funding from the Special Projects, the
Greater Saint John Community Foundation, Symphony New Brunswick Operational funding and a lot of
volunteerism.
The day was very well attended and appreciated, particularly by young families and seniors, both of
which enjoyed the informal setting and the relaxed atmosphere as well as the professional quality of the
concert and the educational element. To make this event seem effortless requires rehearsal and
preparation before the event and requires us to engage our best musicians along before August so that
they are available for the event.
We would very much like to repeat this event in August 27, 2016 and will be able to count on the
support of the Marco Polo as well as our volunteers again. Free outdoor concerts are part of many city
schedules and we think that Saint John can only benefit from having its NB symphony available to all in
this way.
To this end, we respectfully request comparable funding to that of 2015 so that a bigger and better
event can be planned. We would hope to develop a tradition that would allow a broad cross section of
the city to experience a symphony concert on their own terms.
We respectfully request a grant from the City of Saint John for $10,000. This amount would go towards
the creation of new music /story projects and towards the payment of SNB professional musicians (all of
whom are NB based and members of local 815 of the American Federation of Musicians.
Respectfully yours,
Jennifer Grant, SNB General Manager
71, �tK 20
I have enclosed some material describing the grant and some photographs of the event.
The Story of Champ the Harbour Seal with Tim Turnell and the Wet Winds Trio
21
�KET
`�++ �prtna►l
The audience waiting for the concert to begin
22
6 C/ �4 ".L-4
23
24
COMMUNITY GRANTS FUNDING AGREEMENT
SPECIAL EVENT
The undersigned organization ( "Recipient ") hereby acknowledges receipt of a City of Saint John
Community Grants in the amount of $ 7,000.
Recipient agrees to use the grant solely in accordance with the Recipient's Application
(the "Event") approved by the City of Saint John ( "City "), a copy of which is attached
hereto as Schedule "A ", and in accordance with the Grant Guidelines.
Recipient acknowledges that the Community Grants Funding Program does not guarantee
sequential year -to -year funding and that the organization should not be dependent on the
Program for its solvency.
Recipient agrees to provide a written report to the City of Saint John on the outcome, including
all revenues and expenditures, of the Event within 45 days of completion. Recipient will promptly
return any unspent portion of the grant to the City. Recipient that is unable to fulfill stated
outcomes, timelines and/or those who do not submit a final report will jeopardize their future
eligibility to the City of Saint John's Municipal Grants Program. Recipient that is found to use
false information in either the application or the final report will jeopardize their future eligibility
to the City of Saint John's Municipal Grants Program.
Recipient will acknowledge the support of the City of Saint John in Event written materials, and
through other appropriate and tasteful means. Recipient will also display signage or a notice
acknowledging the support of the City of Saint John at Recipient's principal location(s) and its
significant public events (including Recipient's annual meeting). Recipient gives the City of Saint
John permission to use photos, articles, quotes, etc., of their organization and/or project for
promotional purposes and/or related publications.
Recipient agrees to immediately report to the City of Saint John any change in circumstances or
events that materially affect the Event as described in Recipient's approved Application.
Dated this day of February, 2015.
Recipient
By: ....................................................................... ...............................
(signature)
Name:
Title:
Name of Organization: Symphony New Brunswick
Contact Person: Jennifer Grant
Mailing Address: 39 King St, level 3
Telephone: 6348379 1 Email: symphonV Anbnet.nb.ca
Indicate Type of Grant: Organizational I Special Event Community Project
Grant Amount: 1 $7000.
PART A. OUTCOME MEASUREMENT
Describe the objectives achieved as a result of funding and how these
achievements are measured. Refer back to your original application. Specify
both quantitative and qualitative measurements when applicable. (le. increase in
attendance; enhanced service through additional program offerings; increased
hours of service). Expand the space in the following table as required.
Objectives
Measurements:
1.community inclusion
There were at least 500 people who passed through the
concert venue. There was a dress rehearsal at the venue
that also attracted an audience, although this was not
intended. These people were encouraged to stay and
listen.
We were pleased to see many children attracted to the
event. It was an opportunity for mothers to bring
children in push chairs and for parents to attend a
symphony concert in a casual manner. The pop up
library in attendance gave youngsters an opportunity to
step back and look at a book while listening. We were
absolutely delighted to Find that many seniors attended
and enjoyed sitting in the sunshine and listening. Both
families and seniors phoned their friends to invite them
down once they saw what was going on.
2. community pride and celebration
A yearly free Symphony outdoor concert is something
that happens in many cities. For some people this is their
first experience with classical music and for many
families this is the one symphony concert that they
enjoy per year. Much of our audience was comprised of
young families who wanted to expose their children to
classical music in a family friendly way. We are proud to
be able to represent Saint John in this way and received
every indication that our event added to the community
pride of all attendees.
3-awareness of cultural depth of Saint John Surprisingly, some of the audience said that they had
been unaware of SNB. That everyone feels an
ownership of SNB is an important element of
community culture and the public's sense of entitlement
to all culture.
4. image/ social message enhancement SNB is fighting to replace an outdated perception of
classical music as elitist, by promoting the idea that
classical music is a medium that is open and attractive to
all aspects of our community. The addition of stories and
music, face painting, balloon twisting, magic and the pop
up library added a festival atmosphere that put SNB into
a more community context.
A quantitative measurement of joy is difficult but we
have the faces of the audience, the majority of whom
remained from 1 -5 PM. Their obvious enjoyment and
the many requests that we have received to make this
an annual event, help us believe that this is a sound step
in our move to be integrated into and more relevant to
the city of Saint John.
2. On a scale of 0— 5, how would you measure the impact the City of Saint Jahn
Community Grant had on your organization /event /project? (Use the underline
or highlight tool to indicate your selection.)
I. Overall impact
n/a 0 1 2 3
4 5
No impact
Significant impact
ii. Ability to leverage funding from other sources
n/a 0 1 2 3
4 5
No impact
Significant impact
IV. Ability to leverage In -kind support
n/a 0 1 2 3
4 5
No impact
Significant impact
V. Ability to recruit /retain volunteers
n/a 0 1 2 3
4 5
No impact
Significant impact
V1. Ability to retain staff
n/a 0 1 2 3
4 5
No impact
Significant impact
Vii. Ability to sustain organization itself
n/a 0 1 2 3
4 5
No impact
Significant impact
3. Describe significant successes and challenges the organization experienced.
Share experiences that impacted the organization, either positively or negatively,
and lessons learned.
1. Competition for attention
There is, at times, so much going on in the city that it is difficult to feel that we are
reaching as many people as possible. Advertising is crowded and it is difficult to
organize collaborations with other groups.
We need to link this event better with other groups to avoid audience drain. We need to
cross advertise more and to create more awareness. This may take some building but we
feel that the concert should become a regular event and that, as it becomes a regular and
expected each summer, this will become easier.
2. Engaging SNB musicians out of the regular season.
Some regular SNB musicians were unavailable.
We learned that this must be done early in the season before they make other plans. The
audience wants to see the regular musicians and it helps our sense of community
relevance, if the faces are familiar.
3. SNB stage manager had a family crisis and was unavailable
Fortunately a volunteer was able to assist the GM, who was able to cover the role.
4. Program.
Not knowing what audience to expect, there was not enough flexibility in the program. It
was, perhaps a bit heavy. Better control over program contingencies is necessary with
adaptations possible at any time. Perhaps in the future, the stage manager could
manipulate this.
5. Sound management was a success.
6. The audience stayed for everything. Some audience arrived for the dress rehearsal at
10 am and remained to the end at 5 PM.
7. The plan of creating a children's corner with live music was a success.
There were 2 stories with live music accompaniment. Both were very successful with the
audience and gave an introduction to the instruments in a family friendly setting.
8. The relationship with the Port
We were grateful for the use of the Marco Polo court yard for the concert and the
building as a rain venue. The building was open for our guests to use the facilities. The
collaboration saved us the cost and the considerable bother of getting a tent set up.
9. The amount of very young children was very encouraging.
This first introduction to SNB is important to us and to the community
10. The Pop Up Library
Linking SNB with literacy and the enjoyment of stories is an obvious relationship. We
are grateful for their cheerful presence at the event and hope to collaborate again next
summer.
29
PART B. FINANCIAL REPORT
Provide a brief narrative of your financial report and describe how it compares to /varies
from the forecasted budget provided in your application form. Were you able to
successfully leverage City of Saint John grant funds to gain additional revenue sources?
With volunteers and extra work, we were able to cut back costs to keep us within the
budget. There was more revenue necessary from SNB operating that anticipated but
with cost cutting we avoided any great losses. The budget anticipated $20,000 in
municipal funds and we were able to get a total of $16,000.
The initial grant funding allowed us to push forward with this project. Without this
initial step, it would have been impossible to make the commitments necessary to get
the project going.
':Revenge SaarCe,:
'Rercenu� Jinticipated -.:'
fievetnue:4cteia� .:
City of Saint John Grant
20,000
7000.
Provincial Funding
Federal Funding
25,600
22,524.25
Sponsorship
10,000
420.
Income (tickets, rentals, fees, etc.)
2000.
652.50
donations
2000.
Other ( Saint John Arts Board)
1500.
SJ Port (in kind)
35,950.00
2000.
SNB Operating
1950.
5156.75
Other Greater SJ Community Foundation)
7500.
TOTAL. REVENUE
35,950.00
23,576.75
Des ctiption
nse mad,
Facility Rent
1,250.
400.
Building Maintenance
Professional Services:
25,600
22,524.25
Professional Services:
advertising
9,100
652.50
Supplies:
Supplies:
35,950.00
23,576.75
TOTAL EXPENSES 35,950.00 23,576.75
IN -KIND SUPPORT SUMMARY
Provide a brief description of in -kind support and the value it added to your
organization /program /event. Include volunteer hours.
Description of in -kind product or service
Estimated $ Value
Marco Polo
$2000.
The Marco Polo provided security and a needed sense of
structure. The location was beautiful and the Port provided all the
chairs, tables, benches, the facilities, clean up etc.
As it was a lovely day, we accumulated audience walking past the
facility
The ability to go inside the terminal in case of bad weather, made
our contingency planning much easier. The assistance from the
Port made our job much easier and reduced our expenses
considerably.
Volunteer for Children's animation
$500.
We had a volunteer who organized all of the children's events as
well as donations to cover the costs. She went with the animator
through town to encourage people to come to the event and
attached balloons to lamp posts to "show the way to the party"
Volunteer for Production
$1200.
The family emergency of our stage manager called for a
production assistant with flexibility, good humour and physical
endurance. We were fortunate to get someone with some
knowledge of the orchestra who was able to help. As this job was
now volunteer, we were also able to put the production /stage
manager fee back into the budget.
Volunteers for publicity
$200.
Volunteers distributed posters and cards regarding the event
throughout the city, both weeks ahead and shortly before the
date. As it was necessary for an extended public to be aware of
this first Outdoor Free Concert , and because our budget was very
tight, having volunteers for publicity was very important.
PART C. RECOGNITION AND SUPPORTING DOCUMENTS
Please describe any recognition given to the City of Saint John as a financial supporter of
your organization /programs /events. (ie. Logo use in signage, posters, flyers; verbal
mention at event)
The Logo was put on all posters and signage at the event, as well as on the newspaper
ad. At the beginning of the concert, the City of Saint John was recognized and thanked
as being a major financial supporter of the event.
Please provide copies of the following:
0 promotional materials (flyers, posters, ads, screenshots of social media content)
0 reviews, letters of support, or comments (feedback from attendees)
0 publications (news articles)
0 photos of the events /activities (if available... -max. 5)
PART D. VERIFICATION OF INFORMATION
I certify that the information provided in the attached report is complete and accurate
to the best of my knowledge.
Signature:
Title: I -�� C9L�� e°��N AldM,0' 4 /- -
PART E. OPTIONAL ANONYMOUS SURVEY
Your feedback is important to us. A brief satisfaction survey is available online on the
City of Saint John's website. As 2015 was the first year for Municipal Grant Funding
Program, the survey is intended to gain feedback based on the experience of those who
participated in the grant process. This information will help refine its various
components to ensure the best possible outcomes for the program.
Note that it does not pertain to the distribution of funds —just the application process
itself. Your responses are completely anonymous. Thank you in advance for your
feedback.
Click here to complete the Anonymous Survey. (Ctrl + Click to follow link)
111
COUNCIL REPORT
M &C No.
2016 -33
Report Date
February 17, 2016
Meeting Date
February 22, 2016
Service Area
Transportation and
Environment Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT. Public Information Session: Exmouth Street and Golding Street —
Water, Sanitary and Storm Sewer Renewal and Street Reconstruction
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head :
City Manager
Kevin O'Brien
Wm. Edwards
I Jeff Trail
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
The purpose of this report is to inform Council of a Public Information Session
that will be held in relation to the Exmouth Street (Richmond Street to Brunswick
Drive) and Golding Street (Waterloo Street to Bayard Drive) — Water, Sanitary
and Storm Sewer Renewal and Street Reconstruction project, and to update
Council on the status of the project.
PREVIOUS RESOLUTION
November 4, 2015 - 2016 Water & Sewerage Utility Fund Capital Program
Approved.
December 17, 2015 — 2016 General Fund Capital Program Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Sustainable Infrastructure.
34
-2-
REPORT
The approved Water & Sewerage Utility Fund and General Fund Capital
Programs include projects for the design and construction of Exmouth Street
(Richmond Street to Brunswick Drive) and Golding Street (Waterloo Street to
Bayard Drive) — water, sanitary and storm sewer renewal and street
reconstruction.
Staff looks forward to the tender closing in early March, 2016. Construction is
expected to begin in late April, 2016 and continue until October, 2016. This is a
major project that will impact the local area during construction. It is for this
reason that staff have decided to hold a Public Information Session to allow local
residents and business owners an opportunity to view the project design
drawings, ask questions and give their feedback. The Public Information Session
will be held at the Boys and Girls Club at 1 Paul Harris Street on Tuesday,
February 23, 2016, from 2 -4 p.m. and 6 -8 p.m. This report is being provided for
the information of Council and to extend an invitation to any Councillors who
may wish to attend the Public Information Session.
The Public Information Session will be advertised and a copy of the attached
notice will be delivered door to door in the project area.
SERVICE AND FINANCIAL OUTCOMES
The municipal infrastructure on these two streets is in poor condition and
requires replacement. The renewal of the infrastructure will reduce the
likelihood of future service disruptions to the local residents and businesses due
to infrastructure failures. The storm water and sanitary sewer flows will also be
separated on these two streets.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/a
ATTACHMENTS
Public Information Session Notice
35
R ►f'
r�r
The City of Saint John
PUBLIC INFORMATION SESSION
_EXMOUTH STREET (RICHMOND STREET TO BRUNSWICK
DRIVE ) AND GOLDING STREET WATERLOO STREET TO
BAYARD DRIVE) - STREET RECONSTRUCTION
The City of Saint John will be installing new infrastructure on Exmouth Street from
Richmond Street to Brunswick Drive and Golding Street from Waterloo Street to
Bayard Drive. There will be new water main, sanitary sewer, and storm sewer
installed, including renewal of existing services to each residence up to the
property line and installation of new storm services, which will be capped at the
property line. New curb and sidewalk will be installed, and full road reconstruction
will be undertaken.
Construction is planned to begin in April and is expected to continue into
September 2016. Prior to construction, another notice will be distributed to inform
residents and business owners of the actual construction schedule. Although
there will be water interruptions and delays in traffic, it is our intent to keep these
inconveniences to a minimum.
This project is part of the City's ongoing commitment to continually improve its
infrastructure.
This project is part of the 2016 City of Saint John Water & Sewerage Utility Fund
Capital Program and the General Fund Capital Program.
Representatives from the City of Saint John and the project design team from
Crandall Engineering Ltd. will be available to answer questions related to the
project. The public is invited to attend an information session on this project on
the following date and times:
Date: Tuesday, February 23, 2016
Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm
Location: Boys and Girls Club Rotary Room
1 Paul Harris Street
For further information about this project, contact the Consultant,
Crandall Engineering Ltd., at (506) 693 -5893 or the City of Saint John
Transportation and Environment Services at (506) 658 -4455.
36
�! "C JD 1
COUNCIL REPORT
M &C No.
2016 -039
Report Date
February 17, 2016
Meeting Date
February 22, 2016
Service Area
Corporate Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT: Section 74 of the Municipalities Act
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner /Dept. Head City Manager
Jon Taylor Jeff Trail
RECOMMENDATION
It is recommended that this report be received for information.
EXECUTIVE SUMMARY
Section 74 of the Municipalities Act identifies a number of municipal officers
appointed by City Council. In Saint John, the following positions have been
appointed pursuant to s. 74 of the Act: Clerk, Treasurer, City Engineer, Building
Inspector, City Solicitor, Assistant Clerk, Chief Administrative Officer
PREVIOUS RESOLUTION
Council resolution of February 8, 2016:
RESOLVED that the City Manager provide to Council a full and complete list of
Saint John City Hall staff positions that are currently, or able to be, covered
under section 74 of the Municipalities Act at his earliest convenience.
STRATEGIC ALIGNMENT
N/A
REPORT
The municipal officers identified in Section 74 of the Municipalities Act require a
formal appointment by Common Council. Specifically, the Act states:
37
Ira
" 74(1) The council of a municipality may appoint a chief administrative officer
for the municipality.
74(2) The council of every municipality shall appoint a clerk, a treasurer and an
auditor.
74(3) The council of a municipality may appoint an assistant clerk, an assistant
treasurer, an engineer, a building inspector, a solicitor and such other
officers as are necessary for the administration of the municipality.
74(4) A person may be appointed to more than one office.
74(5) With the exception of auditors, all officers employed solely by the
municipality on a full time basis and appointed under this section, are
entitled, subject to section 85 and subsection (6), to hold office until
retirement, death, resignation, or dismissal for cause by the affirmative
vote of at least two thirds of the whole council.
74(6) Subsection (5) does not apply to a person in respect of whom a resolution has
been made under subparagraph 19(9.1)(b)(i), (ii) or (iii)."
Saint John Common Council has made the following appointments:
1) Clerk :
2) Treasurer:
3) City Engineer:
4) Building Inspector:
5) City Solicitor:
6) Chief Administrative Officer
7) Assistant Clerk:
SERVICE AND FINANCIAL OUTCOMES
N/A
Jonathan Taylor
Kevin Fudge
Bill Edwards
Amy Poffenroth
John Nugent
Jeff Trail
Patricia Anglin
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Human Resources department was consulted.
ATTACHMENTS
N/A
NA
PROCLAMATION
WHEREAS: The right to pursue the truth through free inquiry is
essential to democratic decision - making; and
WHEREAS: The freedom to read is the essence of free inquiry; and
WHEREAS: Whereas the freedom to read is under assault from left and
right in our society;
Therefore be it resolved that Saint John Common Council recognizes, reaffirms, and
defends the right of the citizens of this community individually to decide what he or
she will or will not read (the freedom to read);
and further in support of this resolution, this Council, on behalf of the citizens of
Saint John, proclaims this city henceforth a Freedom to Read Zone in which the
freedom to read is inviolable;
NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby
proclaim February 21 -27th, 2016 as Freedom to Read Week in the City of Saint
John.
In witness whereof 1 have set my hand and affixed the official seal of the Mayor of the
City of Saint John.
39
PROCLAMATION
WHEREAS: The SAINT JOHN REAL ESTATE BOARD has been part of the
Saint John community since 1958 facilitating the buying and
selling of houses,
WHEREAS: REALTORS® are professionals that maintain educational
standards and follow a strict Code of Ethics,
WHEREAS: REALTORS® in Greater Saint John have facilitated the
purchase and sale of nearly five billion dollars' worth of
local real estate over the last 10 years,
WHEREAS: Each real estate transaction generates over $32,000 in
ancillary spending in our region that has a direct and
significant bearing on our local Saint John economy,
WHEREAS: REALTORS O in Greater Saint John have donated over b
tonnes of food to our local food banks, provided winter
boots, coats, and mittens to needy children, and donated
thousands of dollars to local charities through their
REALTORSV Care initiative,
NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby
proclaim the week of March 2, 2016 as REALTORO Day in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the Mayor of the
City of Saint John.
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HERITAGE DEVELOPMENT
BOARD :ate=. l+ --
PATRICK
B BOYCE � CHAIRS
MCCAFFREY I ST VICE
C H A I R r ",
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ELIZABETH McGAHAN _ 2ND VICE
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CHAIR'JzmLS--Z �
DONNA REARDON — COUNCILOR
CHRIS BOUDREAU
SHANE Goc UEN •
GORDON HEWIT
BOB MCVICAR
SCOTT RINEHAF
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NT JOHN
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D,s FIE,RITAGE AW,gRD
pFtESENTED By;
CITY OF SAINT JOHN
COMMON COUNCIL
AND THE
HERITAGE DEVELOPMENT
spate
BOARD _11
SAINT JOHN
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6 QUEEN SQUARE SOUTH
JOHN PAUL &
CAROLYN WESTIN
CONTRACTOR:
TING PAINTING LTD.
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BEFORE
6 QUEEN SQUARE SOUTH
JOHN PAUL & CAROLYN WEB
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AFTER
91 PRINCESS STREET
ELWOOD'S WOOD LAB
CONTRACTOR:
ELWOOD'S WOOD LAB
TIM CRESSMAN
& ERIC ANDERSON
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91 PRINCESS STREET
ELWOODS WOOD L
34 ORANGE STREET
CHRISTINE GILLILAND
CONTRACTOR:
KEVIN MCQuIRE
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BEFORE
54
AFTER
262 PRINCE WILLIAM STREET
PATRICIA SCULLION
CONTRACTORS:
WAYNE TRACEY &
ROBERT DUPLESSIS
55
56
BEFORE
AFTER
191 PRINCESS STREET
JIM BEZANSON
CONTRACTOR:
FRED CHAISSON
59
BEFORE AFTER
w
114-116 WENTWORTH STREET
JIM BEZANSON
CONTRACTORS:
DAVID CHAISSON
61
BEFORE
63
1260 MANAWAGONISH ROAD
PETER SMIT
CONTRACTORS:
KURTIS FANJOY 8`
AL FANJOY
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BEFORE
AFTER
HISTORICA DEVELOPMENTS
HERITAGE LEADERSHIP AWARD
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KES1C)ENTIAL tACADE PRESERVATION
6 QUEEN SQUARE SOUTH
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COMMERCIAL SIGNACE
91 PRINCESS STREET
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RESIDENTIAL FACADE PRESERVATION
34 ORANGE STREET
76
RESIDENTIAL FACADE PRESERVATION
262 PRINCE WILLIAM STREET
77
RESIDENTIAL FACADE PRESERVATION
191 PRINCESS STREET
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Slate Roof Restoration
114 -116 Wentworth Street
79
CEDAR ROOF RESTORATION
1260 MANAWACONISH ROAD
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HERITAGE LEADERSHIP AWARD
HISTORICA DEVELOPMENT
91
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PRESERVING PAST. HONORING PRESENT.
EMBRACING FUTURE.
m
BY -LAW NUMBER C.P. 111 -17
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1 Amending Schedule A, the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area of
approximately 2480 square metres, located
at 3540 Westfield Road, also identified as
PID Nos. 00295337, 55221840 and
55221832, from Neighbourhood
Community Facility (CFN) to Rural
General Commercial (CRG) pursuant to a
resolution adopted by Common Council
under Section 39 of the Community
Planning Act.
AR,RETL+� No C.P. 111 -17
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors dune reunion du conseil
communal, The City of Saint John a
d6crete ce qui suit:
L'arrete de zonage de The City of
Saint John, ddcr6te le quinze (15) decembre
2014, est modifie par:
1 La modification de ]'annexe A,
Carte de zonage de The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 2 480 metres carr6s, situ6e au
3540, chemin Westfield, et portant les NID
00295337, 55221840 et 55221832, de zone
d'installations communautaires de quartier
(CFN) a zone commerciale g6n6rale ruralc
(CRG) conform6ment a une resolution
adoptee par le conseil municipal en vertu
de ]'article 39 de la Loi sur Purbanisme.
- all as shown on the plan attached hereto - toutes les modifications sont indiqu6es sur
and forming part of this by -law. le plan ci joint et font partie du pr6sent
arretd.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2016
and signed by:
Mayor/Maire
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrdte le 2016,
aver les signatures suivantes
Common Clerk/Greffier communal
First Reading - February 8, 2016 Premiere lecture
Second Reading - February 8, 2016 Deuxieme lecture
Third Reading - Troisieme lecture
- le 8 fdvrier 2016
- le 8 f6vrier 2016
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING I REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
2 n-$
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Pursuant to a Resolution under Section 39 of the Community Planning Act
- Conformement a une resolution adoptee par le conseil municipal en vertu
de Particle 39 de la Loi sur I'urbanisme
FROM 1 DE
CFN
Neighbourhood Community
Facility
Zone d'installations
communautaires de quartier
Applicant: Emery Chappel
Location: 3540 Westfield Road
PID(s)INIP(s): 00295337, 55221840 & 55221832
TO l A
CRG
Rural General Commercial
Zone commerciale
generale rurale
Considered by P.A.C. /considers par le C.C.U.: January 19 janvier, 2016
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #
Drawn By /Creee Par: Maxime Lapierre Date Drawn /Carte Creee: February 16 fevrier, 2016
Section 39 Conditions — 3540 Westfield Road
That, pursuant to Section 39 of the Community Planning Act, the development and use of the
parcel of land with an area of approximately 2840 square metres, located at 3540 Westfield
Road, also identified as PIDs 00295337, 55221832, and 55221840, shall be subject to the
following conditions:
a) The use of the site shall be restricted to the proposal and the uses permitted in the Rural
General Commercial (CRG) zone with the exception of the following uses:
• Private Club;
• Service Station;
• Vehicle Repair Garage;
• Vehicle Sales, Incidental.
b) That the portion of the required rear yard extending to the edge of the travelled portion of the
Westfield Road street right -of -way be landscaped within one year of the date of issue of the
building permit for the proposed commercial use.
c) That the portion of the required side and front yard extending to the edge of the travelled
portion of the Station Road street right -of -way be landscaped within one year of the date of
issue of the building permit for the proposed commercial use.
d) That the required landscaping mentioned in conditions c) and d) be illustrated on a detailed
site plan, to be prepared by the applicant and subject to the approval of the Development
Officer, which shall be attached to the building permit for the proposed change of use.
Received Date
February 11, 2016
Meeting Date
February 22, 2016
Open or Closed
Open Session
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Safe, Clean Drinking Water Project Workers
Whereas many workers have returned from out West, Labrador and Newfoundland.
Whereas the unemployment rate in the city is very high.
Whereas local workers in Saint John pay high water rates.
Motion:
Request the City Manager report back on whether the contractor and sub - contractors for the Safe, Clean
Drinking Water Project will be considering Saint John workers first, both union and non - union, when offering
jobs.
Respectfully Submitted,
(Received via email)
Gerry Lowe
Councillor —Ward 3
City of Saint John
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SAINT JOHN
Fz�
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
M
Received Date
February 16, 2016
Meeting Date
February 22, 2016
Open or Closed
Open Session
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Attendance Matters Presentation
ZINC. in
That the request for presentation from the Anglophone South School District regarding "Attendance
Matters" be referred to the Common Clerk for scheduling.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor —Ward 1
City of Saint John
�r
VU
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
Fz�
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ANGLOPHONE SOUTH SCHOOL DISTRICT
OFFICE OF THE SUPERINTENDENT
490 Woodward Avenue • Saint John, New Brunswick E2K 5N3
Telephone: (506) 658 -5300 • Fax: (506) 658 -5399 • www.asd- s.nbed.nb.ca
November 24, 2015
Mayor Mel Norton
City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Dear Mayor Norton:
Anglophone South School District (ASD -S) is pleased to introduce a new initiative entitled Attendance
Matters, originating in response to a heightened awareness /concern regarding student tardiness and
attendance. Administrators, teachers, District Office personnel and members of the District Education
Council expressed their concern regarding student attendance. To this end, I called for a working group to
study the concern.
Being present and on time impacts positively on learning from kindergarten to grade 12. Good attendance
helps to build habits that last a lifetime and transfer to life beyond public education. Attendance Matters is
a part of the School Improvement Plan for every school in ASD -S.
With the start-up of the 2015 -2016 school year, the District has launched an awareness campaign focusing
on student attendance. Family and community members can find information on the Anglophone South
website (ww- w.asd- s.nbed.nb.ca). As well, there is a link to a brochure and a short video featuring students
from the District. A copy of the brochure is enclosed for your information. Students are taking an active
role in promotmi g the awareness campaign and the Parent School Support Committees (PSSCs) are
involved.
ASD -S recognizes that parents /guardians and community members hold the greatest influence with their
children. We are seeking your support for the Attendance Matters initiative. To this end, we would Iike to
meet with you to explore_ how we can work together to raise awareness about the importance of being
present and on time for school. It is hoped that the community becomes engaged in, and supportive of this
initiative.
In the near future, one of our committee members will be contacting you to arrange a meeting time.
Yours truly,
Z atson
Sup intendent
New Nouveau
Bffifi T1Ck
C A N A D A
*r 1r 3'irJ'
COUNCIL REPORT
M &C No.
M &C 2016 -32
Report Date
February 16, 2016
Meeting Date
February 22, 2016
Service Area
Transportation and
Environment Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT: Uptown White Tree Lights
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
Tim O'Reilly
William Edwards
I Jeff Trail
RECOMMENDATION
Your City Manager recommends that the white lights currently in 20 trees along
King Street and Prince William Street remain illuminated every night of the year.
EXECUTIVE SUMMARY
The purpose of this report is to respond to Common Council's recent referral
resolution concerning the white lights in trees Uptown. Illuminating the current
inventory of lights each night of the year is manageable but increasing the
inventory is not recommended provided the burden on budgets and current
infrastructure limitations.
PREVIOUS RESOLUTION
At its January 11, 2016 meeting Common Council "RESOLVED that the white
lights currently in the trees in the Uptown that were illuminated for Christmas be
kept on at this time and the matter be referred to the City Manager for a report
back on the viability of the lights remaining illuminated during the entire year."
STRATEGIC ALIGNMENT
Common Council's resolution and your City Manager's recommendation adds to
the beautification and attraction of Uptown Saint John.
:•
-2-
REPORT
There are currently 13 trees along King Street and 7 trees along Prince William
Street that have white lights strung on them. The lights on these trees had been
illuminated for approximately two months during the holiday season in previous
years. The power for these lights comes from outlets on decorative street light
poles near each tree. An extension cord and supporting cable is strung between
each pole and tree. The strings of lights remain in the trees year round to reduce
stress on the trees and the resources that would otherwise be needed to re-
string the lights each year. Most of the trees are illuminated 24 hours a day
during the 2 months of the year as there are no control units that cut power off
during the day time. The extension cords and support cables are installed and
removed each season to cut off power for the other 10 months of the year.
During Common Council's deliberations at the Januarty 11 meeting, there were
questions raised about the possibility of increasing the number of trees with
lights.
City staff sought to answer a two -part question since the January 11 resolution:
What is the beautification benefits of the lights compared to the incremental
costs of (a) illimunating the existing white tree lights year round at night and (b)
increasing the number of trees with year -round illuminated lights at night?
Option A: Illuminating the existing tree lights year -round
The existing lights along King and Prince William streets would burn out more
often if they were illuminated an additional 10 months of the year. Uptown
Saint John is responsible to pay for replacement lights and have advised City staff
they have the funds available to cover the expected increase in replacement
costs in their 2010 budget. For perspective, a 60 foot string with 120 light bulbs
cost $95.00 and each tree has 3 to 10 strings of lights, depending on tree size
($285 -$950 per tree). Uptown Saint John spends approximately $3000 per year
on replacement strings and has a $5000 budget. Additional City staff time to
complete more replacements would also be required. The added cost and staff
time is expected to be manageable.
The extension cords and support cables would need to remain connected year
round. These cords add unbalanced weight to the trees particularly during
windy conditions. The cords would also have a shorter life being exposed to the
environment year round. Staff would monitor impacts on the trees and report
back to Council if the current recommendation needs to change as a result of
tree damage.
Power costs would increase with the additional 10 months of illumination to an
average $11.40 per year per tree. Saint John Energy has agreed to contribute to
this initiative by continuing to not charge for power needed for these lights,
a
-3-
including the additional power for year -round illumination. Note the tree lights
are LED, which mitigate power costs but increases the purchase costs of the
strings.
City staff, Uptown Saint John and Saint John Energy agree the tree lights should
not be illuminated during the day time each day of the year. Saint John Energy
would need to install additional equipment for each tree at a total cost of
approximately $1900.00 for the existing 20 trees. Your Parks & Recreation
Division can cover this added cost within its approved 2016 budget.
Option_B;_Illuminating additional tree lights year -round
City staff identified ten additional trees along King Street and Prince William
Street that are close enough to street light poles and could have lights strung on
them. The amount of light strings required on these trees were estimated with a
purchase price of approximately $5700.00. Uptown Saint John does not have
the available budget to purchase these lights but would consider an expansion in
a future year.
Other costs would arise with an expansion of the program to more trees. Annual
maintenance costs would increase including added replacement costs of burned
out strings and additional City staff resources to replace strings. Annual power
costs would increase. Not all of the street light poles have functioning power
outlets and this infrastructure would need to be repaired or installed. Additional
equipment to cut off power during the day time would also be required.
Given the differences in cost between options A and B and available 2016
budgets, staff is recommending option A (illuminating the existing 20 trees at
night year - round) be implemented.
SERVICE AND FINANCIAL OUTCOMES
The costs to the City of Saint John, Saint John Energy and Uptown Saint John as a
result of your City Manager's recommendation are detailed previously in this
report.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Uptown Saint John and Saint John Energy contributed to this report and the
recommended solution.
91
�! "C JD 1
COUNCIL REPORT
M &C No.
2016 -038
Report Date
February 16, 2016
Meeting Date
February 22, 2016
Service Area
Growth and Community
Development Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT. "The Crossing" Development — Referral of Application to Planning
Advisory Committee
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
Mark Reade
Jacqueline Hamilton
Jeff Trail
RECOMMENDATION
That Common Council refer the application from Horizon Management to the
City's Planning Advisory Committee (PAC) for a report and recommendation
with a Public Hearing date set for April 4, 2016 with a Public Hearing to be held
on Monday, April 4, 2016 in the Council Chamber at 6:30 pm.
Referral of the application to the Planning Advisory Committee will provide the
opportunity to address submissions by members of the public related to the
proposal and enable technical review by staff in consultation with the applicant.
The Common Clerk has provided three letters of opposition which were received
during the Public Presentation process. These will become part of the Public
Record and will be forwarded to PAC.
EXECUTIVE SUMMARY
Applications for a Municipal Plan Amendment are commonly referred to the
City's Planning Advisory Committee (PAC) for a report and recommendation
following the end of the 30 -day comment period for the Public Presentation for
the Municipal Plan Amendment. Typically this referral recommendation is
prepared by the Common Clerk and gives Common Council the option to refer
the application to PAC or not to proceed with the proposed amendment process
and adopt a resolution to deny the application.
Given the significant scale of this project, Growth and Community Development
Staff have prepared an initial review of this application and have prepared this
92
sa
report summarizing the technical considerations which will be addressed as a
part of the staff and PAC review process.
The Public Presentation period has closed with required advertising having been
completed. Three letters regarding the application have been received by the
Common Clerk's Office and are attached. Staff has completed a preliminary
technical review of the application which has identified key issues that will
require further investigation and cooperation between the applicant, Staff and
PAC. Referral of the application to PAC will allow for this to occur.
PREVIOUS RESOLUTION
A Public Presentation for the Municipal Plan Amendment was held at the
Common Council meeting of January 11, 2016.
STRATEGIC ALIGNMENT
The approach proposed would allow for a detailed review of the infrastructure
requirements of the project and their responsibility for implementation. This
aligns with Council's priority to:
"Invest wisely to continue to build our community and deliver services
while maintaining a healthy financial position. "
REPORT
Horizon Management has submitted a Municipal Plan Amendment and Rezoning
application for two areas of land, one located along Ashburn Road and a second
located north east of the One Mile Interchange as shown in the attached
mapping.
The lands along Ashburn Road, 13 parcels totaling approximately 48 hectares,
are proposed as the site of a mixed -use development which incorporates
highway service, retail, commercial and residential land uses as shown on the
attached site plan provided with the application. The remaining 17 hectare
parcel, located northeast of the One Mile interchange, is proposed to be
developed as an eco -park providing an active transportation linkage between the
Central areas of the City, east Saint john and the Kennebecasis Valley.
In addition to a full analysis of applicable Municipal Plan policies, the following
key items identified in the public submissions and the preliminary review by City
Service Areas and external stakeholders will be important considerations for the
planning review process:
Transportation Impacts
Both City Staff and the New Brunswick Department of Transportation of
Infrastructure (NBDTI) have identified the need for a traffic study to be
93
am
prepared by the applicant to assess impacts of the development on
surrounding transportation network and infrastructure and recommend
possible solutions if warranted. The study would also assess any
requirements for significant infrastructure improvements to allow the
development to proceed, especially with regards to City and Provincial
transportation infrastructure in the area of the development.
Infrastructure Capacity
Water supply and sanitary sewer capacity will have to be further assessed
by the applicant. City Staff note the existing sanitary lift station at Drury
Cove that serves the area was designed to accommodate the Drury Cove
residential subdivision and would require further upgrades to support
this development proposal. A detailed analysis is required by the
applicant to determine what upgrades at the station and any associated
piping would be necessary by the developer.
Environmental Impacts
• A portion of the development is within a Provincially Regulated Wetland
and the New Brunswick Department of Environment has indicated the
proposed project will require an EIA registration, review and
determination prior to construction.
Flood Risk Area and Stormwater Management
• At least 12 of the 13 properties that are included in the application are
subject to requirements of the Flood Risk Areas By -law.
• Staff note there is currently no dedicated municipal storm system in the
area and the applicant will be required to provide a detailed storm water
drainage plan and design report indicating how storm water collection
and disposal will be handled for the full build -out
• In addition, an analysis of the Marsh Creek Watershed must be provided
by the applicant to determine the impacts this proposed development
(phased and full build -out) will have on the existing watershed.
SERVICE AND FINANCIAL OUTCOMES
Review of the application by Staff will allow for a better understanding of the
magnitude of potential revenues generated by the development the balance
between these revenues and potential expenditures among the parties in the
development approvals process (Developer, Province or City). Staff note that any
costs associated with engineering studies or design and any required work or
improvements necessary as a result of a proposed development are the
applicant's /developer's responsibility and cost.
0
-4-
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input was received from other City Service Areas including Building and
Inspection Services, Infrastructure Development, the Common Clerk's Office and
Transportation and Environment Services. Input was also received from the New
Brunswick Departments of Environment and Local Government and
Transportation and Infrastructure.
This input is summarized in the Report section above.
ATTACHMENTS
A copy of the proposed site plan is attached along with aerial photos of the site.
95
REIT
300 -700 APPLEWOOD CRES. VAUGHAN, ON. CANADA L4K 5X3
T 416 741 7999 F 416 741 7993 ONEREIT.CA
VIA EMAIL service(a)_saintjohn.ca
and commonclerK( saintjohn.ca
February 10, 2016
Common Council of the City of Saint John
PO Box 1971
Saint John, NB
E2L 41_1
RE: Proposed Rezoning Amendment re: 459, 617 -8855 and 540 -900 Ashburn
and a Parcel of Land Northeast of the One Mile Interchange,
Council Meeting
Please accept this letter as formal opposition to the above rezoning. OneREIT owns Lancaster
Mall and additional lands on the west side of Saint John. Given the economy and the retail
industry in particular, the addition of a large amount of retail leasable area in the Saint John
market will undermine the function of the existing retail hierarchy and increase pressure on the
existing vacancy rates in the Regional Node, Downtown, and West markets.
Well defined, planned, programmed and properly assessed development, designed to fit into
and complement the existing urban fabric can benefit all. The above proposal is seeking
approval in advance of the necessary studies being conducted and the proposal itself is not fully
defined. We do not know exactly what is being proposed nor has its impact been properly
understood.
Studies essential to the proper assessment of the market opportunity and the proposal need to
be conducted before Council lends its support. Traffic impacts will dramatically affect the
functioning of local roads and new facilities may be required. None of this has been addressed.
A preliminary stormwater report relies of the use of third party land to allow the developer to
remove flood storage capacity from its land?
The application should follow a standard approval process. For stormwater pre - equals post
approach should be used to assure adjacent land owners of no adverse impact on their lands.
The developer is seeking Council approval before negotiating and signing a Development
Agreement. This will put both the municipality and other tax payers at risk. No development
should proceed before the proper assessment of their proposal is made which in turn allows a
proper Development Agreement to be executed protecting all parties. Once zoning is achieved
NX
the municipality is in a reduced bargaining position. Infrastructure will be required and both
operating costs and new capital need to be fully understood.
The applicant is seeking municipal approval before the necessary Provincial review has been
conducted. It would be wise to await the conclusion of the Provincial review before investing
time and resources in this project.
Perhaps most importantly the applicant has not submitted a retail market impact study which
would (once the project is accurately defined) assess the introduction of a specific amount and
type of retail on the existing retail hierarchy and determine how much and what kind of additional
retail the market can absorb. New leasable retail floor area should be planned to add to the mix
not transfer sales while negatively impacting existing centres in planned regional nodes, major
downtowns, or the major shopping centre area in the west.
Unless all the above requirements are fully satisfied, we cannot support this application.
Yours truly,
Tom Wenner
CFO
ONEREIT.CA
Y
Pri ma ris f
A DIVISION OF H &R REST
Common Council of the City of Saint John
PO Box 1971
Saint John, NB
E21- 4L1
RE: Proposed Rezoning Amendment RE: 459, 617 -8855 and 540 -900 Ashburn and a Parcel of Land Northeast of the
One Mile Interchange
Over the past 38 years, McAllister Place has grown from a strip plaza to a regional retail shopping centre through a
series of redevelopment & renewal projects that continue to this day. This growth had coincided with neighboring
developments by Parkway Mall, SmartCentres, Plaza Retail REIT and East Point Inc. creating the area that is now
known as the McAllister Regional Retail Centre. McAllister Place is proud to have been part of the growth that has
resulted in the McAllister Regional Retail Centre becoming the primary retail node not only for the City of Saint John,
but for all of southwest New Brunswick as well.
Horizon Management Ltd. has submitted a proposal to the City for the developments of lands for a commercial, retail,
recreational and mixed use project known as "The Crossing ". The proposal espouses the many benefits of the "The
Crossing" including increased tourism traffic, employment growth through the attraction of new retailers and services
to the City, an expanded tax base, improvements to the Marsh Creek watershed and all with minimal infrastructure
improvement requirements for the City. To provide license for further investment in the project, Horizon Management
Ltd. is seeking Common Council of the City of Saint John to amend the Municipal Plan and rezone the subject
properties.
It is our firm belief that any development that attracts visitors to the region and keeps the Saint John shopping dollar
in the City of Saint John is good for all retailers and developers in the City. We all benefit from the synergies that are
created with the expansion in the diversity of retail offerings available in the local marketplace. In short, if we cannot
have it at our shopping centre, we want it across the street from us.
However, to quote Mr. Rod Adams who represented East Point Inc. at the January 18th, 2011 P.A.C. meeting regarding
the Section 39 Amendment McAllister Place applied for in relation to the Lawton's development on the property:
"..we support development when the development is done right..."
With that in mind, this proposed rezoning raises concerns and appears counter to the current Municipal Plan (PlansSJ)
and Zone Saint John (ZoneSJ) on the following points:
- Proposed development does not conform to Commercial Corridor zoning
- Proposed development requires amendments to the Future Land Use map
- Portion of proposed development falls outside Primary Development Area
•;
- Stormwater management and flood risk of proposed development
- Proposed development — municipal infrastructure upgrades
Commercial Corridor Zoning
On the surface, the current rezoning application appears to be merely an extension of the Rothesay Ave Commercial
Corridor zoning to incorporate the identified properties.
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V <4
y
Regeicnal Retail
Centre
GeoNB Map Viewer Saint John Future Land Use Map
However, the Municipal Plan describes Commercial Corridors as being "...located along major thoroughfares .... and
appropriate for intensified land use and investment as they provide major linkages between Primary Centres,
Employment Areas, and Intensification Areas. As well, LU -83 further states that Commercial Corridors are "...to be
developed for automobile- oriented service and commercial uses, generally excluding large- format retail uses... ".
The Horizon Management Ltd. submission describes the proposed development as a "unique commercial, retail,
recreational and mixed use destination node" with a "scope and quality.... like no other destination in Atlantic Canada ".
The proposal states that the development could include up to 500,000 square feet of new buildings. Based on this, it is
easily surmised that this is a proposal that does not fit the requested zoning definition of Commercial Corridor but
rather that of Regional Retail Centre which are described as "...large- format retail and service concentrations in the
City."
[emphasis added]
2
99
Urli n Rerve
n es
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V <4
y
Regeicnal Retail
Centre
GeoNB Map Viewer Saint John Future Land Use Map
However, the Municipal Plan describes Commercial Corridors as being "...located along major thoroughfares .... and
appropriate for intensified land use and investment as they provide major linkages between Primary Centres,
Employment Areas, and Intensification Areas. As well, LU -83 further states that Commercial Corridors are "...to be
developed for automobile- oriented service and commercial uses, generally excluding large- format retail uses... ".
The Horizon Management Ltd. submission describes the proposed development as a "unique commercial, retail,
recreational and mixed use destination node" with a "scope and quality.... like no other destination in Atlantic Canada ".
The proposal states that the development could include up to 500,000 square feet of new buildings. Based on this, it is
easily surmised that this is a proposal that does not fit the requested zoning definition of Commercial Corridor but
rather that of Regional Retail Centre which are described as "...large- format retail and service concentrations in the
City."
[emphasis added]
2
99
As such, the request to rezone these properties as Commercial Corridor may be construed as an attempt by the
applicant to circumvent policies and review processes required to open up and amend the Municipal Plan in order to
achieve a more appropriate zoning for the use of the proposed development.
Future Land Use Map
Per the Municipal Plan, the Future land Use map is "vital ... to implement the broad objectives of the Municipal Plan"
and "creates a comprehensive picture of ... how land in the City should be developed ". The lands in question are
currently designated as Stable Commercial, Urban Reserve, Parks & Recreation and Rural Reserve. The proponent's
application seeks to have these changed to Commercial Corridor and Stable Residential.
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Saint John Future Land Use Map
Per Policy LU -4 of the Municipal Plan, Council Shall: "Not consider changing designations of lands on the Future Land
Use map (schedule B) through a Municipal Plan amendment, unless the proposal:
a. Is consistent with the general intent of the Municipal Plan and further advances the City Structure;"
As this is a proposal for a large commercial retail development outside the Regional Retail Centre designated lands, it
contravenes Policies LU -59, LU -60 & LU -70.
Policy LU -59 states that Council shall create "the Regional Retail Centre land designations on
the Future Land Use map ... where large format commercial and retail development will be
directed."
3
100
Policy LU -60 a. states that the "McAllister Regional Retail Centre is the major Regional Retail
Centre in the City and will continue to be the focus for commercial retail and services -based
uses intended to serve all of Southwestern New Brunswick."
Policy LU -70 states that Council Shall "Ensure that significant new development... in areas
designated as stable commercial is permitted only when subject to a rezoning process, where
compliance is demonstrated with the following criteria:
a. The proposal does not detract from the City's intention to direct the majority of new
commercial development to the Primary Centres, Regional Retail Centres, Business
Centres, Commercial Corridors, Local Centres, and Mixed Use Centres.
Policy LU -4 (con't)
b. Is necessary by virtue of lack of supply of quality land already designated in the Municipal Plan to
accommodate the development;
Looking at the respective Property Tax assessments, the choice of the proposed lands for development may have been
based more on relative market value & acquisition cost rather than a lack of supply of quality land. The lands outlined
in white on the below future uses map (see page 5) currently sit vacant. If market conditions warrant further large
retail & commercial development in the City, the feasibility of developing these lands should be explored and ruled
out prior to providing rezoning of the proposed lands.
RM 52985 19,500 601 40,000 Horizon
RM 53017 6,300 194 N \A Clearview
RM 53025 14,900 459 47,162 Horizon
40,700 1,254 87,162
P 55189385 55,200 2,695 N \A
Total 238,800 8,427 287,162
*-Source SNB - Sale price for colour shaded parcels is combined price.
Noted sale price per April 2, 2014 transaction. Sale transaction for
these properties dated May 5, 2015 for $1 per parcel.
101
Vacant - Corner Rothesay Av \ McAllister Dr.
Current Realty Tax
Zoning PID Assessment Levy
CR 306787 1,505,800 73,527
CR 55186357 1,157,300 56,509
CR 55225296 369,600 18,047
CR 55165807 1,130,100 55,182
4,162,800 203,264
4
Proposed Rezoning
Properties
Requested
Realty Tax
Zoning
PID
Assessment
Levy
Sale Price *
Owner
CC
296673
21,200
653
Horizon
CC
357327
4,100
200
76,000
Horizon
CC
297143
500
15
Horizon
CC
297895
500
15
Horizon
CC
418160
500
15
Horizon
CC
432203
42,600
1,313
115,800
Horizon
CC
55003222
16,800
518
N \A
Clearview
CC
55069074
15,800
487
N \A
Horizon
CC
55100325
12,900
398
8,200
Horizon
CC
55155378
28,000
863
N \A
Horizon
142,900
4,478
200,000
RM 52985 19,500 601 40,000 Horizon
RM 53017 6,300 194 N \A Clearview
RM 53025 14,900 459 47,162 Horizon
40,700 1,254 87,162
P 55189385 55,200 2,695 N \A
Total 238,800 8,427 287,162
*-Source SNB - Sale price for colour shaded parcels is combined price.
Noted sale price per April 2, 2014 transaction. Sale transaction for
these properties dated May 5, 2015 for $1 per parcel.
101
Vacant - Corner Rothesay Av \ McAllister Dr.
Current Realty Tax
Zoning PID Assessment Levy
CR 306787 1,505,800 73,527
CR 55186357 1,157,300 56,509
CR 55225296 369,600 18,047
CR 55165807 1,130,100 55,182
4,162,800 203,264
4
M
Google Maps — Rothesay Ave Saint John Future Use Map
If the proposed rezoning goes forth, what is the impact on the market & tax assessment values of those vacant lands?
What will be the impact on those who have invested, held and pay realty taxes on these lands with the understanding
that, per the Municipal Plan, future large commercial and retail developments will be directed to the existing Regional
Retail Centres?
Will this be a net growth or merely a dilution of the tax base?
Policy LU -4 (con't)
f. Is an appropriate use within the land use designation being sought for the property, and the proposal is
consistent with the specific policies regulating development in the designation;
The intended use \ development of these lands does not fit the definition of the requested Commercial Corridor
zoning.
g. Adequately addresses and mitigates any significant environmental impact.
The proposal is for the development of 120 acres of land, of which, roughly 40% is regulated wetlands and, in its
entirety, is situated in a flood plain (see Saint John Flood Plain Map page 13). As such, this development is unlikely to
address \ mitigate flooding issues in the region but rather has the potential to exacerbate them.
Specific Concerns on this issue will be discussed further in the Storm Water Management Section.
5
102
Portion of Development Falls Outside the Primary Development Area (PDA)
Per the Municipal Plan, the establishment of the Primary Development Area was to target "growth and reinvestment
to the existing urbanized area of the community."
As evidenced by the PDA map, a significant portion of the proposed development lies outside the boundary of the
PDA. Per Policy LU -8, Council shall "not permit development serviced with municipal water and wastewater services
beyond the boundaries of the PDA without first changing the boundaries of the PDA which will require an amendment
to the Future Land Use map... ". As outlined in the previous section, requested amendments to the Future Land Use
map contravene policies of the Municipal Plan and, therefore, no such changes to the PDA boundary should be
contemplated.
Further to this, Policy LU -9 states that Council may "consider amending the boundaries of the Primary Development
Area boundary when a comprehensive review of the Municipal Plan has taken place, as outlined in the
Implementation Chapter of the Municipal Plan."
Has a comprehensive review of the Municipal Plan taken place?
Saint John Primary Development Area Map
Stormwater Management and Flood Risk of Proposed Development
As with many in the region, McAllister Place has been impacted by the flooding issues of the Glen Falls and McAllister
Regional Retail Centre regions and remains very sensitive to anything that may exacerbate them.
Prior to 2008, McAllister Place remained relatively unscathed from the effects of flooding issues of East Saint John as
evidenced by the City of Saint John's Flood Plain Map (see page 13) which shows McAllister Place being outside the
flood plain boundary. However, that all changed on Feb 13th, 2008 when the City received 79 +/- mm of rain which,
when combined with snowmelt and the high tide (7.5m @ 16:00 hrs — considered a low high tide), resulted in the
103
City's stormwater drainage system backing up into the McAllister Place stormwater system. This also resulted in water
levels in the regulated wetlands to rise and overtop the ring road in the southeast parking lot (behind Sears — Zellers).
Given the combined water amounts from the rainfall and snowmelt ( +8 deg. temperatures), it was believed that that
this was an anomaly, a rare event. However, on September 7`h of that year, the City received 104 + /- mm of rain
resulting in another flooding even. It had become apparent that these were not isolated incidents and there was now
an ongoing flooding issue at the property.
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Given Saint John's geographic location, we are not unaccustomed to heavy rainfall and high tide events. Even though it
remains at the forefront of our thoughts, it was surmised that this was not an environmental change issue but rather a
structural change to the stormwater drainage system of East Saint John. Therefore, the search began to identify what
physically changed in the region to affect the drainage \ flooding patterns in the City.
104
As evident from the following aerial photographs, the only change of note in the region had been the East Point
development:
City of Saint John 2005 Air Photos
City of Saint John 2007 Air Photos
City of Saint John 2009 Air Photos
105
In several meetings with City Engineers to discuss the increase in flooding issues in the region and McAllister Place,
Engineering staff were unable to provide any detail as to a cause for the changes nor solutions to mitigate their
impact. They were also adament that the East Point development has had no impact on the increase in the regions
flooding issues. We accept the City's word on this as stormwater retention intiatives (i.e. underground storage in voids
in the rock fill) have been implemented during the development and that East Point's stormwater drainage flows
down Retail Drive and not towards McAllister Place.
However, questions regarding this remain given that:
- East Point Inc. is currently involved in a lawsuit (SJC- 219 -12) concerning the improper engineering and
construction of the storm drainage system on Site 2 of the development;
- East Point's development has generated surplus rock fill which has been extensively used throughout the
East Point site development itself. This rock fill is a member if the shale family and is considered a soft bedrock
which, in turn, means it can be easily broken down and compacted when handled. When broken down and
compacted, the voids necessary for water retention are lost as bigger pieces become smaller and are then
rearranged into a denser state.
Was this shale \ rock fill used for East Point's stormwater retention system and has it been tested to ensure
that the required volume of stormwater storage is actually available ?;
- with the phased development, the impact on stormwater retention capacity remains unknown with large
portions of the develoment which, having its vegitation and soils stripped, have had an exposed bare rock
surface for a number of years;
- During several heavy rainfall events, mainhole covers on Retail Drive were reported to have been blown off
due to the force and volume of stormwater coming down off the East Point development;
- Anything that adds more water to the Marsh Creek watershed \ drainage system, has the capacity to affect
all those, including but not limited to Glen Falls & McAllister Retail Cenre regions, that are connected to it.
In 2011, McAllister Place's previous owner Cadillac Fairview invested significant capital resources in response to
flooding issues that arose at the property beginning in 2008. In addition to replacing the entire storm drainage system
in the North and Southeast parking lots, this work entailed the construction of berms (yellow lines) and the installation
of shutoff gate valves (red circles) to isolate these parking lots from the City's stormwater drainage system (see page
10). To deal with the rainwater coming down unto the propery, we have 8 portable trash pumps to pump stormwater
from our catchbasins over the berm and into the regulated wetlands area.
In response, to the September 11th, 2015 rain event, we are currently reviewing the installation of another
shutoffgatevalve (blue circle) and options for the Sport Chek \ Parkway entrance on Westmorland Road (orange
circle).
106
As a property owner in this region, a primary concern in this is that City Engineering Staff have yet to identify a reason
for the changes nor implementable mitigation solutions.
In a presentation to Council following the September 11`", 2015 flooding events, Mr. Bill Edwards stated that the City
has invested over $21 million in flood mitigation initiatives since 2007. As reported by Mr. Edwards, much of that work
has resulted in appreciable improvements in the flooding issues and we commend the City on those efforts. Although
undoubtedly worthy projects, much of the effort to date on this file has been focused on the City's West side and
Millidgevill while a comprehensive flood mitigation solution for the East has yet proven to be elusive.
Previous proposals such as pumping stormwater to Drury Cove ($91 million +), revamping the Courtney Bay Causeway,
creating storage via an earthen dam in Glen Falls and upgrading the Mystery Lake dam have been deemed to be cost
prohibitive and \or impracticle to implement.
It is evident that the City shares these concerns as the Municipal Plan provides that Common Council shall:
Policy LU -62 — "Require the preparation of a comprehensive stormwater management plan that addresses
current flooding and stormwater management issues in the McAllister Regional Retail Centre, and propose
10
107
measures to mitigate and /or resolve them, prior to major new development in the McAllister Regional Retail
Centre. Council shall seek the cooperation of property owners in the McAllister Regional Centre to successfully
implement the stormwater management plan"
[emphasis added]
Policy NE -32 — "Support flood - proofing initiatives to protect property and people in floodplains and flood -
prone areas including the Glen Falls area and the McAllister Regional Retail Centre."
Policy NE -33 — "Prepare a comprehensive Stormwater Management Master Plan for areas within the Primary
Development Area that are at risk of flooding to mitigate and resolve issues in these areas...."
As of January 27th, 2016, the Stormwater Management Master Plan initiative has not commenced nor has there been
a date confirmed as to when this initiative shall be undertaken.
As the location of the proposed development currently sits outside the McAllister Regional Centre, on the surface, it
appears that LU -62 should not apply. However, upon review the Saint John Flood Plain Map (see page 13), it is quite
clear that the proposed development location, Glen Falls and the McAllister Regional Centre are not 3 separate
systems. Rather, they are all part of one large contiguous and complex system with the Marsh Creek watershed being
the common conduit through which stormwater drainage occurs.
Therefore, the Municipal Plan should be amended so that lands that are applicable to Policy LU -62 would be extended
beyond the boundaries of the McAllister Regional Retail Centre to encompass Glen Falls and the proposed
development location. That this moratorium should remain in place until the comprehensive study is performed and a
Stormwater Management Master Plan for the region is produced. Until then, the City's Engineering Department are
reviewing \ approving developers' stormwater management plans without a complete understanding of how the
development will affect the overall system nor costs associated to mitigate the incremental risk.
In fact, it can be construed that the City had already envisioned issues with the proposed Ashburn Rd lands as it
cannot be mere coincidence that the boundary of the Primary Development Area Map loops down to specifically
exclude the portion of the proposed development land containing the regulated wetlands:
GeoNB Map Viewer City of Saint John Primary Development Area Map
11
m
Horizon Management Ltd.'s proposal submission indicates that the results obtained from the "stormwater models
indicate that the development .... will not have a negative effect on flooding in the Marsh Creek watershed." That
adequate compensatory storage capability exists on the Marsh Creek property (pid 55189385) to make up for the loss
17,000 cubic meters of flood storage if the Ashburn Lake properties are developed. These assertions raise the
following questions:
- the proposal suggests the use offsite compensatory storage for its stormwater management. This means that
more water, and faster, will be leaving the Ashburn Rd properties to go downstream to the Marsh Creek
property. Does the stormwater modeling used identify the impacts that this faster runoff on the surrounding
water courses \ ditches that are currently at capacity ?;
- is this compensatory storage elevation dependent and is it functional throughout a wide range of water
levels ?;
- does the stormwater modeling take into account tidal impacts such as those experienced in the Bay of
Fundy ?;
- did the stormwater modeling include the potential impacts on the Glen Falls and McAllister Regional Retail
Centre areas ?;
- without a comprehensive Stormwater Management Master Plan for the McAllister Regional Retail Centre,
how do we know if the stormwater models used by Terrain Group Inc. are applicable and \ or adequate ?;
- do the stormwater models used take into account the impacts of climate change — i.e. more intense rainfall
events, over a longer period of time in conjunction with higher sea levels \ tides ?;
- did the stormwater models used look at run -off being the same pre and post developments based on a 100
year 24 hour event. ?;
- if so, why does Moncton stormwater modeling require predevelopment be based on a 100 year + 20% 24 hr
event with post development being a 5 year 24 hr event;
- as Moncton's current stormwater management policies require no ground absorption, do the stormwater
models used for this proposal account for heavy rainfall events in winter where the ground is frozen and
snowmelt provides additional run -off ?;
- given current market conditions, what are impacts of the project being a phased development, and
therefore, phased installation of the applicable stormwater systems?
12
109
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110
Saint John Flood Plain Map
13
Municipal Infrastructure
The Horizon Management Ltd. submission states that "...the project will result in low incremental capital and
operational costs to service this development while producing significantly new revenue for the City ". While the
assertion of significantly new revenues for the City is somewhat anecdotal in nature, the statement that there will be
incremental capital and operational costs to the City can be taken as factual. Costs for such items as:
- on \ off ramps at Rothesay Ave and Foster Thurston will need to be upgraded (NBDTI);
- Ashburn Rd & Rothesay Rd will need to be reconstructed and widened;
- intersection with Drury Cove will need to be re- aligned upgraded;
- traffic signaling at all intersection;
- upgrades to train bridge (CN Rail) at the end of Rothesay Ave which currently limits the widening of the lanes
as well as the flooding issues;
- will NB Power transmission lines that currently pass through the Ashburn Rd and Marsh Creek properties be
required to move ?;
- sanitary sewer system likely to require lift station and water services upgraded and extended.
Although not an exhaustive list, the above noted items all come with significant price tag and the question remains,
who is responsible to finance these incremental capital and operating costs?
Horizon Management Ltd.'s proposal submission implies that it is the City that should incur the costs of the required
municipal infrastructure costs. However, this is counter to Policy LU -61 f. which states that Council shall:
"Ensure that infrastructure improvements made necessary by a developer are generally the financial
responsibility of the developer."
It is conceded that this policy is in relation to development within the Regional Retail Centres land designation area.
However, if this Municipal Plan and zoning amendment application should be approved as is, despite its myriad of
issues, this policy should be extended to include this proposal as it is for the development of a large commercial and
retail node. This is even more critical given the City's current financial constraints and to do otherwise would be
construed as the City providing an undue subsidy.
A subsidy for the development of questionable lands situated outside the Primary Development Area as well as the
area designated by Municipal Plan for Regional Retail Centre developments such as this.
Conclusion
Through an exhaustive consultative process, the Municipal Plan was developed as a framework to guide future
development that benefits the whole community through sustainable and compact growth. To foster intensified
development which results in the growth of the tax base while leveraging existing municipal infrastructure. To end the
practice of scarce Municipal infrastructure dollars chasing developers who desire to build on cheap land on the
peripheries of the Primary Development Area.
The requested Municipal Plan amendments and rezoning should not be granted as this one such development.
14
111
We also understand that the Municipal Plan is not intended to be static but rather a living document intended to
adapt to the evolving realities of the City. However, it is also intended that fundamental amendments to the Municipal
Plan should also be done through an informed and consultative process. Upon closer review, it quickly becomes
apparent that, in addition to the noted technical \ procedural issues, Horizon Management Ltd.'s requests are not for
simple amendments but rather entails some fundamental changes to the Municipal Plan and PlanSJ:
- do large commercial & retail development nodes conform to Commercial Corridor zoning?
- is it no longer the intent of the City of Saint John to direct future large commercial & retail
developments to the designated Regional Retail Centres?
- is it the intent of the City to allow large scale developments in the East Saint John flood plain prior to the
completion and implementation of a comprehensive Stormwater Management Plan despite the hightened
sensitivities of the residents of Glenn Falls and propery owners in the McAllister Regional Retail Centre?
- is it the policy of the City of Saint John that municipal infrastructure upgrades required for large commercial
retail developments be financed by the developer or does the City finance and, in effect, provide a subsidy;
Prior to these questions being answered in an open and consultative process, the requested Munipal Plan
amendments and rezoning should not be granted.
The proponent is asking for the amendments and rezoning to give it license to further investigate the feasibility and
costs of the project. Noted areas of investigation required are Municipal infrastructure upgrades (water & sewer,
traffic roadways & signalling and stormwater management), site geotechnical analysis and environmental
requirements for developing lands containing regulated wetlands. These require input, direction and approval from
not only the City of Saint John but from NBDTI, NBDOE, NB Power and CN Rail (Transport Canada ?) as well.
The requested Municipal Plan amendments and rezoning should be tabled until these items are identified,
quanitifed and costed as well as having the prequisite departmental \ agency approvals in place so that Council
shall be able to make an informed decision.
Thank You,
David Greene
General Manager, McAllister Place
Primaris, A Division Of H &R REIT
519 Westmorland Road,
Saint John, NB, E2.1 3W9
112
15
r
SMARTRE ITa
700 APPLEWOOD CRES. SUITE 200 1 VAUGHAN, ON. CANADA WK 5X3
T 905 326 6400 F 905 326 0783
February 9, 2016
Jonathan Taylor
Common Clerk
City of Saint John
15 Market Square
Saint John, New Brunswick
E2L 41_1
Re: Proposed Rezoning Amendment of 459, 617 -8855 and 540 -900 Ashburn & Parcel of Land Northeast of the One
Mile Interchange.
SmartREIT (formally known as Calloway REIT) has been the owner of the Walmart anchored shopping centre at 450
Westmorland Road since 2004. Our property is 25.50 acres in size, has a total GFA of 272,000 sf with a 7% vacancy rate.
Our Shopping Centre is part of the growing McAllister Regional Retail Centre, as identified in the City's Municipal Plan. The
growth of this regional node is supported and encouraged by various municipal plan policies. The planned function of the
McAllister Regional Retail Centre was for it to become the primary retail node not only for the City of Saint John, but for all
of southwestern New Brunswick as well.
Horizon Management Ltd. has submitted a proposal to the City for the development of lands for a commercial, retail,
recreation and mixed use project known as "The Crossing ". The proposal boasts an array of benefits to the City some of
which are discussed below. The proponent is seeking Common Council of the City of Saint John to amend the Municipal
Plan and rezone the subject properties.
SmartREIT believes that the proposed municipal plan amendment and zoning application is not in line with the vision of the
Community and Council who both invested a large amount of time and effort into the creation of PlanSJ enacted in 2012
and subsequent 2014 Zoning By -law. The following discussion outlines how the proposed municipal plan amendment and
zoning application contradicts the respective policies of the Municipal Plan.
Saint John Municipal Plan
The proponent's lands are currently designated as Stable Commercial, Urban Reserve, Parks and recreation and Rural
Reserve. Horizon Management Ltd seeks to have these changed to Commercial Corridor and Stable Residential.
Policy LU -4 of the Municipal Plan states that Council shall: "Not consider changing designation of the lands on the Future
Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal:
a. "Is consistent with the general intent of the Municipal Plan and further advances the City Structure"
Since the proposed development is for a large commercial retail development (approximately 500,000 sf or more) outside
of the planned Regional Retail Centre identified in the Municipal plan, it does not respect Policies LU -59, LU -60, LU -70.
- -- R E I .
Policy LU -59 states that Council shall create "the Regional Retail Centre land designations on the Future Land Use
map ... where large format commercial and retail development will be directed."
It is evident that the proposed development should be considered a Regional Retail Centre but the municipal plan does not
identify this area as such and for some reasons the proponent is avoiding making this zoning request. However, designating
this area as a Regional Retail Centre would undermine existing policies and compete with the existing Regional Retail Centre
which is not fully built out.
Policy LU -60 a. states that the "McAllister Regional Retail Centre is the major Regional Retail Centre in the City and will
continue to be the focus for commercial retail and services -based uses intended to serve all of Southwestern New
Brunswick."
The Municipal Plan has further identified two major employment centres: one that strengthens the Uptown and supports
its growth as the key office - retail- arts - entertainment - employment centre for the City and the wider region; and one that
identifies UNBSJ and the Regional Hospital as an area for mixed -use residential and increased employment uses. Retail
growth is envisioned in the McAllister Mall area to the east, on Fairville Boulevard to the west, in the Uptown to the south,
and north along Somerset Street between Crescent Valley and Millidgeville.
The Municipal plan is committed to supporting the McAllister Regional Retail Centre as the focus for commercial and
service based uses in this area of the City.
Policy LU -70 states that Council Shall "Ensure that significant new development... in areas designated as stable commercial
is permitted only when subject to a rezoning process, where compliance is demonstrated with the following criteria:
a. The proposal does not detract from the City's intention to direct the majority of new commercial
development to the Primary Centres, Regional Retail Centres, Business Centres, Commercial Corridors, Local
Centres, and Mixed Use Centres.
The proposed development would detract and undermine the planned function and intent of the existing Regional Retail
Centre as described throughout the Municipal Plan.
City Structure Goals
As previous mentioned, Policy LU -4 of the Municipal Plan states that Council shall: "Not consider changing designation of
the lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal:"
a. "is consistent with the general intent of the Municipal Plan and further advances the City Structure"
The follow are some of the City Structure Goals that the proposed development should be measured against and currently
does not appear to align with.
Limit urban and rural sprawl and use land more efficiently.
Revitalize existing communities through compact development, context appropriate infill, and promoting infill
development on vacant and underused properties.
Direct new housing and employment uses to Intensification Areas to achieve a higher density of people and jobs,
enabling the City to provide cost - effective and efficient infrastructure and services.
Policy LU -4 of the Municipal Plan states that Council shall: "Not consider changing designation of the lands on the Future
Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal:
b. Is necessary by virtue of lack of supply of quality land already designated in the Municipal Plan to
accommodate the development;
There are currently three large zoned vacant parcels of land within the Regional Retail Centre designation. If the proposed
rezoning goes forth it would have a significant impact on the market & tax assessment values of those vacant lands. These
land owners have invested, held and paid taxes on these lands over the years with the understanding that, as per the
Municipal Plan, future large commercial and retail developments would be directed to the existing Regional Retail Centre.
Zoning a large commercial parcel of land for Regional Retail uses outside of the designated area would undermine the City's
planned function for the McAllister Regional Retail Centre.
Policy LU -4 of the Municipal Plan states that Council shall: "Not consider changing designation of the lands on the Future
Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal:
f. Is an appropriate use within the land use designation being sought for the property, and the proposal is
consistent with the specific policies regulating development in the designation;
The intended use and development of these lands does not fit the definition of the requested Commercial Corridor zoning.
The Primary Development Area
The Primary Development Area (the PDA) generally corresponds to the portion of the City with existing municipal water and
wastewater services. As per the Municipal Plan, most new employment growth and approximately 95% of new residential
growth will be directed inside the PDA to maximize infrastructure investments that have already been made and protect
rural and natural areas.
The Primary Development Area is a statutory component to the Municipal Plan. Council is directed to evaluate proposed
amendments to the boundary of the Primary Development Area utilizing the guidance of Policy LU -9 and the general intent
of the Municipal Plan.
Policy LU -8 of the Municipal Plan states that Council shall "not permit development serviced with municipal water and
wastewater services beyond the boundaries of the PDA without first changing the boundaries of the PDA which will require
an amendment to the Future Land Use map.
Policy LU -9 states that "Council may consider amending the boundaries of the Primary Development Area boundary when a
comprehensive review of the Municipal Plan has taken place."
The current municipal plan was approved in 2012 and is reviewed every 5 years. It is my understanding that a
comprehensive review has not taken place to consider the boundary expansion for the subject proposal and Council should
ensure that the proponent waits for the City to complete their scheduled 5 year review.
New Brunswick Community Planning Act, RSNB 1973, c C -12
It is my understanding that changes to the Community Planning Act (CLA) have been made since the 2012 Municipal Plan
was adopted by Council and any amendments should have regard to the most recent Planning Act Legislation.
Section 4.1(4) of the CLA states that "An amendment, modification or addition made to a regional plan, municipal plan,
rural plan, basic planning statement or a by -law or regulation under this Act after the coming into gorce of the provincial
planning policy shall conform with the provincial planning policy, and in the case of a conflict, the provincial planning policy
prevails."
SNEARTREIT.C- "
Proposed Commercial Corridor Zoning
The current rezoning application shows that it is merely an extension of the Rothesay Ave Commercial Corridor zoning to
incorporate the identified properties. However, the Municipal Plan describes Commercial Corridors as being "...located
along major thoroughfares .... and appropriate for intensified land use and investment as they provide major linkages
between Primary Centres, Employment Areas, and Intensification Areas. As well, LU -83 further states that Commercial
Corridors are "...to be developed for automobile- oriented service and commercial uses, generally excluding large- format
retail uses... ".
The Horizon Management Ltd. submission describes the proposed development as a "unique commercial, retail,
recreational and mixed use destination node" with a "scope and quality.... like no other destination in Atlantic Canada ". The
proposal states that the development could include up to 500,000 square feet of new mixed use buildings. Based on the
proponents vision for their development it is evident that the proposal does not fit the requested zoning definition of
Commercial Corridor but rather that of Regional Retail Centre which has previously been described above.
Conclusion
There have been years of out - migration to suburban, rural and outlying areas which have resulted in the disinvestment in
the core neighbourhoods. Between 2001 and 2006, 88% of the City's population loss came from the urban core, while 25%
of residential growth that took place was dispersed throughout the rural areas in the form of rural sprawl. Continuing to
support growth on the periphery of the City has led to continued disinvestment and a declining population in the urban
core and increased the cost of providing municipal services. To further support urban sprawl until such time that the
appropriate amount of intensification /Infill within the Primary Development Area is realized, would contradict the
Community and Council's vision as expressed through the policies of the 2012 Municipal Plan.
SmartREIT believes that the proposed development would a) undermine the intent of the existing Regional Retail Centre as
described in the Municipal Plan, b) potentially create further vacancies within the Regional Retail Centre due to the
competing nature of the new development, c) jeopardize several of the City Structure Goals and d) Hinder the City from
meeting its intensification targets and goal of increasing the efficiency and effectiveness of its current transit system
through increase in density within the Primary Development Area.
We trust Staff and City Council will seriously consider our opinion and those of other stakeholders who own land or
businesses within the Regional Retail Centre Areas. We look forward to hearing from City Staff and being more involved in
this process going forward.
Sincerely,
Aaron Clodd
Sr. Land Development Manager
647 - 567 -7656
aclodd @smartreit.com
_REIT. :.,
Map 4A - Aerial Photography The City e Saint John
Date: December -24 -15 '� '� °`�`
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fixer Nf .. lie: Saint John Common Clerk
Advertiser Code: S71206
Size: 4,00 x 14,42 in.
Sales Rep: Elizabeth Cook
PROPOSED MUNICIPAL PL2
AMENDMENT
RE: 459, 617,685 AND $40 -900
ASHBURN ROAD AND A PARCEL
OF LAND NORTHEAST OF THE
ONE MILE INTERCHANGE
Public No"i is herehv gIven that he
Comm. Coundl of The City of Saint
john intends to consideran amendment
to the Wunkipal Development Plan
which would-
1. Redesignate, on
Schedule A of the Plan,
parcels of land with an
area of approximately.
65,4 hectares, located
at 459, 617 -885 and
540 -9DD Ashbum Road
&Lo identified as being
PID Nos. 00296673,
00357327, 00432203,
00052985, ODD53017,
00053025, 55003222,
55069074, 55100325,
55155378, 00297143,
00297895, and
00418160; and a parch
of land north east of d
AaauioeArm (asmlde
t� M1isnerPUMaM- RoM�pmArreem
(a WOO Nd ry st
Arch), to anLwilp "anat Area, Stable
rco
Ad Adak and Hatred Area
Hse Arhnnsy berekpamt
2. Redesignate, on
Schedule vB of the Plan,
from�Per6 land Aiohffld
Areas aed Revd
Raddoolass,m, (onside of the
Finfraurry Seelfe Urban, erdd�mdt f
Ceearenld Ca~
opmend Am) to
1.119 A
Caaaraidd
� Raldwrdaf smd �
Florlt and flafravl Arens
`.
3. Designate, m Schedule
A of the Hark the portion of Ashburn
Road, betv,een Foster Thurston Dds
and Rothmay Road, and the portion
of Ruthessy Road, from Ashbum Recd
to Rothes.+ Avenue, as a Commercial
Corridor.
A public presentation of the proposed
amendment will take place at a regular
meeting of Common Council on
Monday, anraary 11 2016 in the
Council C bey Lobby Level, CeIY
Hall.
REASON FOR CHANCE -
To permltthereaoning of the properties,
from Rural (RU), Comme,rcal Corridor
(CC) and Future Development (FU7
to Commercial Corridor (CC), idd-
Rise ReAdential (RM) and Park (P) for a
m(xed -use development and "t Fuirk
Witten objectlom to the proposed
amendment may be made to the
Council, in care of the undersigned, b-
February 10, 3016. Enquiries may
be made at the office of the Comm.
Clerk or Growth and Commmity
Develol.ment Services, City Hal,
15 Madset Square, Saint John, N.B.
between the hcum of 8:30 a.m. and
4:30 p.m., W nday through Frida).
Indusi: -, holidays accepted.
8 you require French services for a
Common Council meeting, please
contact the rsf .ce of the Common C.
Jonathan Taylor, Common Clerk
658 -2862
---r1 E 0O1IF cni AM DU PLAN
MUNICIPAL
459,617-6155 ET 540.
900 OEMEN ASHBURN ET UNE
PKRCEIiE DE TEpRAN SITUEE AU
NOW EST OE L'E[LIANGEUR ONE
MILE
Par les prFsemes,. ohs public est do.e
Elequel b cooed communal de The
City of Saint )ohn a ruq -lion d'etudrer
la mod0ica8. du plan d'am&wgement
municipal aomme slit ;
1. Wod8ler In deal cation,
5 I'"aw A du plan, des
parcelles de terrain dune
es situies ev 459
i 617-885 et 540900,
chemFr Ashburn, ormrrt la
NID 00296673, 00357327,
OD132203, 00052985,
00053017, 00053025,
55003222, 55069D74,
55100325, 55155378,
00297143, 00297895, et
00418160; et me parcee
de tefrain &age au nord-
est de I'fchangeur One Mete, portant le
NID 551 89385, comme 0 est irxAque u-
dessous, afln de lesfalre passer de mdesr
de peat et ale r iabad0e at seder de
amauaet rmda One; du prirdpd
udae de rNasre
rahlaRnr, setter d semrrt de
die ek d'*WW,
s- darste0kdsadacde -fake
-k p ia4-ar nk
2. Mother la di;' n,
5 1'a.exe B du plane
paadles de terrain precrt(aes,
afin de les faire parer de
rater dr prat d she
rcssawras soda ffim
der rater
de t
aernartadfd Ladle t
cantdar commeicid (dma
k prhKOW seder de
dErefgnpeinm0 d awmar,
nmkk wstahket.adar
de rw d Mile eoftad0e
( 1imu = oche
3. Designer, a I'amexeAdu plan, lapmfie
du dremir Adrbrm, entre promenad!
Fost- •rlhiotonetchenin Rolhevr,et la
ppaantie du ch min Mihesayy,� entre chernin
Ashburn et avenue Rothe!iy, cornme
corridor commercial.
Una ppresemadon pubEque du projet de
modlication aura lieu his de In rhunion
ordndre du conseil commruat le lundl
M (antler x016 dare b calk du rzeael,
M niveau du final d'entree, 3 1`116te1 de
vile.
RAISON DE LA MODIHCATION :
Pemsewe le reaonage des pngxiii ek de
m rurale (Rif), zone commerr ale de
corridor (CC) at zone d'arrikwWment
tutur(FD) IzunecommerclaledecoMdor
(Cq, zone i4sldentielle - btrneudles
dhabitatier de hauteur moyy ?ntne (RM) et
mnedepats(P)pourun d 2*1ppement
3 usage mask a m pax Erdocpque.
Vaillezfalm part au consel pafkyit E1005
objections au projet de mod8ication au
plus Lard le 101ev.ie, 2016 $ Patoaftn
du sousslgn6- Pour mute demalde de
rere+ayynements, veadlez (ommursiquer
suet k bureau du greffler cormtns1 ou
le bureau de sews de In o-oksana et du
d€vefoppement communautaire A MOW
de vie au 15, Markel5quare, Saint Jdrry
N.-e, artre B h 30 et T6h 30 du WMi 8u
venr4edL sasR lea
IOU AS,
51 vows arms besoin des wMm an frars;6$
po ur me reuni -n de Convel Comnemal,
ve a rnmctsz le bureau du greffier
communal.
Ad Number: 8085067R
Ad ID: 7096372 Ad Legacy: 8085067
Current Date: Dec 232015 1 a 3o.�'Al
Start Date: 12/31/2015
End Date: 12/31/2015
Color: B/W
Client Approval OK ❑
Corrections p
COUNCIL REPORT
M &C No.
M &C 2015 -29
Report Date
February 16, 2016
Meeting Date
February 22, 2016
Service Area
Transportation and
Environment Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT. 2016 Sports Field User Rates
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
Tim O'Reilly
William Edwards
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council approve the 2016 hourly
and tournament (daily) rates for sports field rentals in the City of Saint John
(inclusive of HST) as follows:
•
Class A Adult hourly
$ 40.96
•
Class A Youth hourly
$ 20.70
•
Shamrock Artificial Adult hourly
$ 66.00
•
Shamrock Artificial Youth hourly
$ 42.00
•
Class B Adult hourly
$ 27.04
•
Class B Youth hourly
$ 7.50
•
Class C Adult hourly
$ 24.64
•
Class C Youth hourly
$ 6.60
•
Class A Adult daily
$327.68
•
Class A Youth daily
$165.60
•
Shamrock Artificial Adult daily
$528.00
•
Shamrock Artificial Youth daily
$336.00
•
Class B Adult daily
$216.32
•
Class B Youth daily
$ 60.00
•
Class C Adult daily
$197.12
•
Class C Youth daily
$ 52.80
EXECUTIVE SUMMARY
The purpose of this report is to demonstrate how City staff proposes to change
sports field rental rates for 2016. The changes project to increase revenues from
sports field rentals by $93,000 (compared to 2015) as per the approved 2016
General Fund Operating Budget.
121
-2-
PREVIOUS RESOLUTION
Two reports in 2012 were presented to Common Council with a similar goal of
increasing revenues from sports field rentals. Details are provided further in this
report.
STRATEGIC ALIGNMENT
This report aligns with the approved 2016 General Fund Operating Budget.
REPORT
The resources required to maintain sports fields in Saint John are funded from
both taxpayers generally and the users of these facilities through rentals. In
2015 the majority (approximately 93 %) of these required resources were funded
by taxpayers generally. The proportion funded from each of these two sources is
a policy decision.
In recent years improvements have been made to some sports fields.
Installation of the artificial turf at Emera Shamrock Park, fencing replacements at
Forest Hills and Shamrock fields, and installation of higher quality ball diamond
infield materials are examples. In 2016 the outfield fence at Memorial Field is
planned to be replaced. The combination of these improvements and a
challenging 2016 budget created an opportunity to revisit the user rates and
funding proportions.
Changes to the rental rates that the City charges have occurred in the past. In
2012 the City moved from a "seasonal rate" to hourly and tournament (daily)
rates. The rates were also set to increase revenues from sports field rentals as
part of another challenging budget year. Following input from staff and user
groups, the rates were ultimately set to increase revenues by approximately
$20,000. In the years following, incremental rate increases have occurred.
Following approval of the 2016 budget, City staff adjusted the hourly and daily
rental rates as recommended for approval in this report. City staff used the
following five guidelines in developing the adjusted rates:
• Usage of each field in 2016 was assumed to be the same as 2015
• Youth rates are to remain lower than Adult rates for each class of field
• Rates for higher quality fields (i.e. A class fields) are to remain greater
than lower quality fields
• Some very low rates would increase greater than other rates to more
closely match a consistent cost recover model
• Daily (tournament) rates would be based on 10 hours of use with a 20%
discount with the "bulk purchase" of hours.
122
-3-
The following table shows the 2012 final, 2015 final and 2016 proposed hourly
rates to illustrate the changes to rates in recent years:
Field Class/ Age
Category
2012 Hourly
Rates
2015 Hourly
Rates
2016 Proposed
Hourly Rates
% Increase
from 2015 to
2016
Class A Adult
$23.00
$ 25.60
$ 40.96
60%
Class A Youth
$8.00
$ 9.00
$ 20.70
130%
Shamrock Artificial
Adult
N/
$ 55.00
$ 66.00
20%
Shamrock Artificial
Youth
N/
$ 35.40
$ 42.00
20%
Class B Adult
$15.00
$ 16.90
$ 27.04
60%
Class B Youth 1
$2.00
$ 2.50
$ 7.50
200%
Class C Adult r
N/
$ 15.40
$ 24.64
60%
Class C Youth
$2.Oq
$ 2.20
$ 6.60
200%
Staff received questions about how the proposed new rates for Saint John
compare to the rates used in other municipalities. Accurate comparisons are
difficult to make. Some municipalities still use seasonal rates as opposed to
hourly rates. Some charge more when lights are required for night use. Youth
charge policies are different. One municipality charges differently for ballfields
versus multi - purpose fields. As indicated, in the end each municipality must
decide by way of policy the proportion of cost recovery from taxpayers and users
and that policy decision significantly impacts the rates charged to users.
SERVICE AND FINANCIAL OUTCOMES
The proposed 2016 sports field rates are projected to generate the revenues
approved in the 2016 General Fund Operating Budget.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
City staff reached out to 40 contacts of the various user groups on January 28 to
provide an opportunity for input on the proposed 2016 rates and to provide
advanced notice of the scale of changes required. In total 13 contacts replied
with 4 disagreeing with the proposed changes, one agreeing with the proposed
changes and the remaining 8 asking various questions. These first set of replies
were received within the first two weeks following January 28.
Staff also notes that at minimum 15 additional communications have been
received since the morning of February 15. These communications consistently
disagreed with the proposed changes for various reasons. These further
communications have generally come from representatives and players of
various sports teams.
123
February 4, 2016
To Mayor and Council
We are contacting you as the executive of the Saint John Alpines Senior Baseball team, and with
regard to the proposed field rental rates for the upcoming 2016 season.
We play our home games at Memorial Baseball field on Dever Road, where we have played
since the team was formed in 1989.
For the record, from our 2015 group of 25 players, coaches and executive, all but three are Saint
John residents.
In 2015 we paid $22.65 /hour
The 2016 proposal is $40.96 /hour.
Plus HST in both cases.
This represents an increase of approximately 80% in a time when inflation is running at 2 -3 %
To put this in some perspective, last year it cost us approximately $100 for a single game, and
$180 for a doubleheader (we play 4 per season). This season those numbers would be $185 and
$325 respectively.
Our field rental cost, as proposed, is going from $1536 to $2777, for the regular season,
excluding playoffs.
This increase, we believe, is unrealistic, unjustified and unacceptable.
Minimal improvements have been made at the field in the last few years, although maintenance
has improved, and the field itself is in slightly better condition. No capital improvements have
been made. Some sections of the board fence surrounding the field are in danger of falling over.
The public address system can barely be heard by fans attending the games, and the scoreboard
(which was donated) has lights burned out. Despite repeated requests to have these lights
replaced, nothing has happened.
The field (referring to not just the playing surface, but the whole complex) would not likely meet
standards set by Baseball Canada for hosting of national events (and our lack of an adequate,
secondary baseball field, means we can never apply to host a national, adult, men's tournament,
like the one being hosted in Fredericton this year, and was hosted by Chatham last summer and
has previously been hosted by Moncton.)
All of which begs the question, why the 80% increase, and how can it be justified?
Our research shows these rates to be among the highest in Canada, if not the highest, which is
not a distinction we would like to have.
In Fredericton, for example, the senior team is charged one rate for day games, and a different
rate for night games, which considers a charge for use of the lights. Charge for what is used. Has
some consideration been given to this type of charging, or if not, can it be considered?
124
We are an amateur baseball team, relying on sponsorships from local businesses, and game
attendance by our small group of loyal fans to keep our operation going. We do not anticipate
80% cost increases.
At the same time, we acknowledge the financial situation the City is in, and the efforts made by
Council to deal with that. We are prepared to share part of the load, just not all of it.
Should the rates be higher in 2016, from 2015? Of course they should, but at a reasonable
increase.
We are very open to considering options, one of which we have suggested above. There no doubt
are other creative ways to mitigate these increases.
Other teams and leagues are similarly affected, some moreso than others, depending on fields
used. We are told that some youth baseball organizations are faced with 200% increases in field
costs under these proposals. Focus on recreation has been a stated priority for this Council. We
believe that increasing field rental rates in this way in fact discourages recreation.
Thank you for your consideration
Executive members of the Saint John Alpines
Pres. Kevin Ferguson
Board members David Reid, Yves Parent and Terre Hunter
(Received via email)
125
COUNCIL REPORT
M &C No.
2016 -036
Report Date
February 17, 2016
Meeting Date
February 22, 2016
Service Area
Legislative Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT: Task Force on Economic Development Final Report
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
Phil Ouellette
Jacqueline Hamilton, Neil
Jacobsen
Jeff Trail
RECOMMENDATION
Resolve that the City Manager be directed to work with the expertise from the
four economic development agencies and other economic development partners
to pursue the opportunities found within the 2016 Task Force on Economic
Development Final Report, and report back periodically to Common Council on
progress.
EXECUTIVE SUMMARY
A scope of work of the Task Force on Economic Development's goal and
objectives was presented to Council on October 26th, 2015, and later on
December 14th, 2015, Committee of the Whole provided feedback to Staff on the
initial draft final report.
Staff have since made changes to the final report, all while ensuring continuous
engagement from the four City- funded economic development agencies. Staff
are now prepared to share the final report with Common Council, with a focus
on proceeding with the identified 12 opportunities. The opportunities will,
among others:
• Clarify the importance of revenue generation in economic development;
• Establish service -level standards;
• Ensure periodic reporting;
• Establish an economic development point of contact in the City;
• Develop a series of collaborative working groups to investigate potential
growth areas and potential efficiencies within the economic
development landscape in Saint John.
126
sa
PREVIOUS RESOLUTION
On August 17th, 2015, Common Council adopted the following resolution:
"RESOLVED that the City Manager be directed to provide a report and
recommendations to Council with respect to the submitted report from
Conrod Strategic Business Consulting entitled Saint John Economic
Development Agency Review; and further the report shall address the
concerns raised by members of Council and the comments from the
consultant."
On October 26th, 2015, City Staff presented a Scope of Work document to
Common Council in order clarify the goal and objectives associated with the
efforts of the 2015 Task Force on Economic Development.
STRATEGIC ALIGNMENT
This report falls under the Economic Health umbrella of Saint John Common
Council's 2012 -2016 Priorities, including the following two items:
"Implement clear and consistent internal processes to facilitate
investment and development in Saint John while maintain City standards
that align with Plan SJ;"
"Deliver and integrated approach to economic development."
REPORT
Whether it is the collaboration to develop the Lorneville barge terminal, the
nationally recognized True Growth framework, the vision to introduce Harbour
Passage or the establishment of New Brunswick's only voluntary hotel levy
supporting tourism, Saint John has a rich history in delivering innovative
economic development outcomes. In addition, the four City- funded economic
development agencies have leveraged over $20 million in funding over the past
five years for their operations, which does not include leveraged revenues to the
City of Saint John from agency efforts to generate tax base growth.
Since mid - October 2015, the Task Force on Economic Development (TFED) has
built -off of the previous economic development reviews to investigate
opportunities to introduce improved process, accountability and reporting in the
Saint John economic development landscape.
The Task Force's Final Report contains two major components. First, the Report
provides some general background on the economic development landscape and
additional data to expand upon the research from the recent Conrod Report. The
second component of the Report details possible opportunities to respond to the
127
am
six outcomes established by Council in the initial scope of work of the Task
Force's efforts. The quality of the Task Force's report is a testament to the
quality of feedback and collaboration from the four economic development
agencies.
The Report identifies 12 possible opportunities, which are all focused on
enhancing collaboration, effective communications, continuous improvement
and improved accountability. More specifically, the opportunities will, among
others:
• Clarify the importance of revenue generation in the City's economic
development investment;
• Establish service -level standards between the City of Saint John and the
agencies;
• Ensure periodic reporting between the agencies and Common Council;
• Clarify the economic development point of contact within the
administration of the City;
• Develop a series of collaborative working groups to investigate potential
growth areas within the economic development landscape in Saint John,
including: real estate and urban development; investment attraction;
and, immigration retention and attraction;
• Develop a series of collaborative working groups to investigate potential
efficiencies within the economic development landscape in Saint John,
including: possible real estate options for the agencies; integrated
communications strategy; governance improvements to the True Growth
model; and, the establishment of a permanent working group to identify
areas of overlap, growth, efficiencies and cost - saving amongst the four
agencies.
None of the opportunities require additional expenditures for the City of Saint
John. If the opportunities are pursued, it is expected to reduce the frequency of
economic development reviews over the coming years all while introducing a
longer -range and sustainable economic development landscape in Saint John.
SERVICE AND FINANCIAL OUTCOMES
The City currently invests approximately $2 million annually to finance economic
development functions that fall under the mandates of four separate economic
development agencies, each reporting to a separate board of directors.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Strategic Services, Growth and Community Development Services, City
Manager's Office, Enterprise Saint John, Saint John Industrial Parks, Saint John
Development Corporation (Waterfront Development), Saint John Destination
128
-4-
Marketing, Government of New Brunswick's Chief Economist — David Campbell,
City of Fredericton and City of Moncton.
ATTACHMENTS
(1) Task Force on Economic Development Final Report;
(2) Conrod Strategic Business Consulting Report.
129
i
r,
l�
.r■ 'I
o ,
, ' ill
_ ly j�
i
/ I
—i
,Mam o
- Investing for Growth -
Final Report: City of Saint John Task Force on Economic
Development
Task Force Members: P. Ouellette, N. Jacobsen, J. Hamilton
Support from: Enterprise Saint John, Saint John Industrial Parks,
Saint John Waterfront Development, Saint John Destination
Marketing
130
2016 Task Force on Economic Development: Investing for Growth
Table of Contents
1. Executive Summary
2. Background
i. Goal
ii. Objectives
iii. Outcomes
iv. Engagement: Economic Development Review
3. Economic Development: Scope and Mandates
4. High -Level Response to Conrod Report
i. Key Findings from Conrod Report
ii. Staff Feedback: Defining the Challenge
5. Saint John Economic Development in Review
i. Key Observations
6. Economic Development: Financial Breakdown
i. City Operating Funding towards Economic Development Agencies
ii. City Capital Funding towards Economic Development Agencies
iii. Leveraged Funding from Economic Development Agencies
7. General Guidelines: Implementation
8. Outcome A — Defining Economic Development Objectives
9. Outcome B — Measuring Economic Development Objectives
10. Outcome C — Co- Location Opportunity
i. Considerations
11. Outcome D —Areas of Overlap and Duplication
i. Marketing and Communications
a. Considerations
ii. Administrative /Secretarial Support
a. Considerations
iii. Urban Development /Real Estate
a. Considerations
iv. Investment Attraction
12. Outcome E — Strengthening Governance
i. General
ii. Communications: Ensuring Ongoing Dialogue
a. Considerations
iii. True Growth 2.0: Strengthening Collaboration
a. Considerations
13. Other Opportunities
14. Proposed Common Council Resolutions
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2016 Task Force on Economic Development: Investing for Growth
1) EXECUTIVE SUMMARY
3
Whether it is the collaboration to develop the Lorneville barge terminal, the nationally recognized True
Growth framework, the vision to introduce Harbour Passage or the establishment of New Brunswick's
only voluntary hotel levy supporting tourism, Saint John has a rich history in delivering innovative
economic development outcomes. In addition, the four City- funded economic development agencies
have leveraged over $20 million in funding over the past five years for their operations, which does not
include leveraged revenues to the City of Saint John from agency efforts to generate tax base growth.
Since mid - October 2015, the Task Force on Economic Development (TFED) has built -off of the previous
economic development reviews to investigate opportunities to introduce improved process,
accountability and reporting in the Saint John economic development landscape.
The Task Force's Final Report contains two major components. First, the Report provides some general
background on the economic development landscape and additional data to expand upon the research
from the recent Conrod Report. The second component of the Report details possible opportunities to
respond to the six outcomes established by Council in the initial scope of work of the Task Force's
efforts. The quality of the Task Force's report is a testament to the quality of feedback and collaboration
from the four economic development agencies.
The Report identifies 12 possible opportunities, which are all focused on enhancing collaboration,
effective communications, continuous improvement and improved accountability. More specifically, the
opportunities will, among others:
• Clarify the importance of revenue generation in the City's economic development investment.
• Establish service -level standards between the City of Saint John and the agencies.
• Ensure periodic reporting between the agencies and Common Council.
• Clarify the economic development point of contact within the administration of the City.
• Develop a series of collaborative working groups to investigate potential growth areas within
the economic development landscape in Saint John, including: real estate and urban
development; investment attraction; and, immigration retention and attraction.
• Develop a series of collaborative working groups to investigate potential efficiencies within the
economic development landscape in Saint John, including: possible real estate or co- location
options for the agencies; integrated communications strategy; governance improvements to
the True Growth model; ongoing education and information sharing between the agencies and
with the City; and, the establishment of a permanent working group to identify areas of
overlap, growth, efficiency and cost - saving amongst the four agencies.
None of the opportunities require additional expenditures for the City of Saint John. If the opportunities
are pursued, it is expected to reduce the frequency of economic development reviews over the coming
years all while introducing a longer -range and sustainable economic development landscape in Saint
John.
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2016 Task Force on Economic Development: Investing for Growth 4
2) BACKGROUND
On August 17, 2015, Common Council adopted the following resolution:
"RESOLVED that the City Manager be directed to provide a report and recommendations to
Council with respect to the submitted report from Conrod Strategic Business Consulting entitled
Saint John Economic Development Agency Review, and further the report shall address the
concerns raised by members of Council and the comments from the consultant. "
Since that time, staff have assembled the Task Force on Economic Development (TFED), comprised of
the Executive Director, Commissioner of Strategic Services and Commissioner of Growth and Community
Development Services, in order to respond to Common Council's August 2015 resolution. The Task Force
was governed by a Scope of Work, which was presented to Council on October 26th, 2015, and includes
the following details:
i) Goal
Develop an approach to more effectively coordinate the City's funded economic development
activities through strategic engagement with service providers and a shared focus on
governance, accountability and communications issues.
ii) Objectives
• Undertake a fair, unbiased, thorough and evidence -based investigation of the four
economic development agencies and the economic development function within the
City of Saint John.
• Utilize key findings from past research, reports and reviews of the four economic
development agencies, including the recent Conrad Report.
• Ensure a focus on the City's return on investment in the investigation and development
of the recommendations associated with economic development in the City of Saint
John.
• Introduce transparency, simplicity and clarity to the City of Saint John's strategy and
investment towards economic development.
• Streamline the coordination, oversight and support in the delivery of the economic
development function, from within the City of Saint John and from the external
agencies, boards and commissions.
• The recommendation should inform the upcoming and future City of Saint John budget
development process and service -based budget.
• Utilize the internal and external expertise available to the City of Saint John in
developing the Task Force on Economic Development (TFED) recommendations.
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2016 Task Force on Economic Development: Investing for Growth
iii) Outcomes
5
1. Deliver clear recommendations to Common Council at the November 23rd regularly
scheduled Council meeting:
A) To clearly define the City's primary economic development objectives and desired outcomes.
B) To define and implement clear measurements to manage the ongoing pursuit of the City of Saint
John's primary economic development objectives and desired outcomes.
C) To deliver recommendations on co- location of the 4 economic development agencies.
D) To deliver recommendations on areas of duplication and overlap between the 4 economic
development agencies and to introduce efficiency and clarity.
E) To identify alternatives and highlight the necessary course of action to strengthen the
governance model of economic development, including the corresponding internal and external
functions/ activities needed to fulfill the City of Saint John's primary economic development.
F) To articulate an implementation plan to oversee the transition into the recommendations of the
City Staff Trask Force on Economic Development, including mandates, budgeting, governance,
agreements and reporting.
iv) Engagement: Economic Development Review
Since the adoption of the August 17th, 2015 Common Council resolution mandating staff to
provide a report back to Council on the City's economic development investment, Staff were
able to undertake a fairly robust engagement and investigation in a very short period of time.
The major milestones associated with TFED's efforts include:
• Consulted with city managers, commissioners and staff from the cities of Fredericton
and Moncton involved in the management and financing of their respective economic
development functions.
• Sought guidance and feedback from the Government of New Brunswick's Chief
Economist — David Campbell, especially in the area of defining primary economic
development objectives and best practices in ongoing measurement.
• Task Force reviewed and incorporated valuable feedback from the eight (8)
reviews /consultations on economic development that have occurred over the past ten
(10) years.
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2016 Task Force on Economic Development: Investing for Growth
[1
• Above and beyond ongoing day -to -day communique with the four economic
development agencies during the review period:
• Task Force submitted four rounds of online inquiries to the agencies, which was
comprised of 27 unique questions.
• Task force facilitated agency specific one -on -ones (included agency CEOs, staff
and board members from the four agencies) to collect feedback on the Task
Force's Scope of Work Paper and seek additional feedback on four (4) unique
questions.
• Task Force developed a 23 page Discussion Paper to facilitate ongoing
discussion and feedback from the economic development agencies.
• Task Force organized and facilitated an economic development workshop,
which sought to collect feedback from agency CEOs, staff and board members
on 38 unique questions incorporated in the Discussion Paper.
• Task Force submitted an advance copy of its report to the four economic
development agencies and sought their feedback prior to submit the
information to Common Council.
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2016 Task Force on Economic Development: Investing for Growth
3) ECONOMIC DEVELOPMENT: SCOPE AND MANDATES
Agency: Enterprise Saint John
Since: 1994
# of staff: 11 (6 FTEs, 3 project, 2 coop)
# Board Members: 11
Current Annual budget: $2.44 million ($475,000
from CoSJ and $1,974,924 leveraged funding)
Current % of total CoSJ ED investment: 23.5%
Relationship: Separate and distinct incorporated
entity funded by the five regional municipalities and
local industry /business. No service agreement, but a
long- standing partnership between ESJ and CoSJ.
Primary Focus
• Economic development coordination (TG 2.0).
• Strategic development.
• Support services for businesses.
• Coaching /programming for entrepreneurs.
Agency: Saint John Waterfront Development (SJDC)
Since: 1980
# of staff: 3 (2 FTEs, 0.3 project, 0.2 coop)
# Board Members: 10
Current Annual budget: $664,000 ($275,000 from
CoSJ, $271,000 leveraged funding, $63,000 received
administrative fees for parking garage, $55,000 rental
income from Hilton Hotel)
Current % of total CoSJ ED investment: 13.6%
Relationship: Incorporated Company of the City, as in
incorporated under provincial law by the City in order
to deliver programs and services on its behalf. No
service agreement.
Primary Focus
• Purchase and sale of real- estate.
• Development of land- specific master plans.
• Uptown /Waterfront development.
• Of the City's total funding to SJWD, $170,000
is dedicated to the management of Market
Square Parking Garage and Market Square.
1 .i 0
7
Agency: Saint John Industrial Parks Ltd.
Since: 1966
# of staff: 0.5
# Board Members: 9
Current Annual budget: $533,000 ($270,000 from
CoSJ and $6,015,000 leveraged funding)
Current % of total CoSJ ED investment: 13.4%
Relationship: Incorporated Company of the City, as in
incorporated under provincial law by the City in order
to deliver programs and services on its behalf. No
service agreement.
Primary Focus
• Industrial business attraction /marketing.
• Purchase and sale of real- estate.
• Development /growth of City's industrial
parks.
• Infrastructure development.
Agency: Saint John Destination Marketing
Since: 2008 (start of DMO, tourism established prior)
# of staff: 23 (8 + 15 seasonal (part- time))
# Board Members: 11
Current Annual budget: $1.75 million ($1,000,000
from CoSJ and $746,299 leveraged funding)
of total CoSJ ED investment: 49.5%
Relationship: Separate and distinct incorporated
entity funded by City and Hotel Association. Service
agreement and corresponding funding between CoSJ
and DMO established 2015 -2019.
Primary Focus
• Increase tourism revenues.
• Tourism marketing.
• Festivals and events.
• Market research.
• $357,614 of the City's investment to DMO
supports the Visitor Information Services and
Visitor Experience Programs (managed by
DMO).
2016 Task Force on Economic Development: Investing for Growth
13.4%
2015 City Investment into Economic Development
8.4% DMO* (General) - $642,386
5.2%
31.8%
W
DMO (Management of Visitor Information
Program) - $357,614
ESJ - $475,000
■ SJIP ** - $270,000
SJWD (General) - $105,000
SJWD (Management of Garage /Market
23.5% 17.7% Square) - $170,000
* As early as 2010, the City's expenditures on the Visitor Information Program was a $1 million expenditure, and the service is
now being provided by the DMO for $357,614.
** Starting in 2010, the City no longer covered (partially or otherwise) the cost of the GM's salary, which is now entirely
financed via the SJIP operating budget (while recognizing that at least 50% of the GM's time is committed to supporting the City
of Saint John's Real Estate function).
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2016 Task Force on Economic Development: Investing for Growth 9
4) HIGH -LEVEL RESPONSE TO CONROD REPORT
It is important to view the Task Force on Economic Development's report in conjunction with the Conrod
Report, as there are important research findings and conclusions from the Conrod Report. The Task
Force report attempts to integrate the key findings of the Conrod Report.
i) Key findings from Conrod Report
• The four agencies have different primary economic development functions. Each agency has a
distinct mandate and delivers a diverse mix of services, requiring unique subject matter
expertise and experience. Some agencies have additional asset or property management
functions. The types of clients and markets targeted by each agency are varied. There are some
common linkages, but in most cases the agencies have unique customer relationships and
interactions.
• The four agencies (and other similar economic development organizations in New Brunswick
and Atlantic Canada) collectively face a challenging and increasingly complex economic climate
with decreasing public sector resources and available program delivery funds. As such, the
City's core economic development agencies must maintain the ability and agility to think and act
as strategically as possible, focus on the "right" targets and go after them "aggressively ".
• The Conrod Report identifies the importance of partnerships and a regional vision in terms of
successful economic development. "True Growth" is viewed by municipal peers as an innovative
and progressive regional economic development model that focuses on teamwork and the
importance of sustainable public / private- sector partnerships.
• The City's economic development agencies have been very successful in leveraging the City's
core operating and capital financial commitments with funds from other levels of government,
partner municipalities and the private- sector — the Conrod Report references a 2.64 ratio. In
addition, the cumulative volunteer efforts (time, energy, passion, commitment and vision)
leveraged by all four agencies must not be overlooked or underestimated.
• The Conrod Report proposes four primary recommendation, including:
1. Virtual organizational model.
2. Information driven agendas.
3. Strategic project selection & prioritization.
4. Performance targets & reporting scorecards.
ii) Staff Feedback: Defining the Challenge
Staff's initial review of the Conrod Report identified the need for additional research, coordination and
engagement of stakeholders, which the Task Force undertook in the development of this report. There
are important challenges within the existing economic landscape of Saint John, including, but not limited
to:
• There is independence among the economic development functions within Saint John, which are
reinforced by the existing governance structure (multiple boards of directors, separate
leadership, unclear lines of authority).
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2016 Task Force on Economic Development: Investing for Growth
10
• There remains an opportunity to enhance the existing coordination and integration of economic
development activities across the Saint John community.
• The City of Saint John has not fully defined its own desired outcomes as it relates to its economic
development investment.
• Economic development in Saint John can be enhanced by clearer roles and responsibilities, not
only within each particular agency, but especially in areas where there are shared functions
between agencies.
• While True Growth 2.0 is widely accepted as an innovative economic development framework,
there are important unresolved operational and governance challenges within the model.
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2016 Task Force on Economic Development: Investing for Growth 11
5) SAINT JOHN ECONOMIC DEVELOPMENT IN REVIEW
2004 New Common Council Administration.
2004 Development and Implementation of True Growth 1.
2005 City's operational review occurred, which examined the structure of the City's service delivery including the
economic development functions in the economic development agencies.
Outcomes:
• Identified poor reporting between agencies, boards and commissions and Common Council.
• Identified overlap in funding to economic development agencies.
• Identified opportunity to merge the functions of waterfront development and industrial parks
more closely together.
• Continued pursuit of True Growth.
2006 Mayor's Task Force on Industrial Parks associated with concerns over producing results and interest in
examining its business functions.
Outcomes:
• The process initiated in 2006 and final recommendations were finally presented to Council in
2008.
• Of the 10 recommendations submitted by the Task Force, 9 were fulfilled by SJIP.
2007 Analysis and implementation of a public - private partnership to deliver destination marketing.
Outcomes:
• Institution of new PPP destination marketing model for tourism.
• In -house City staff merged into new DMO organization.
2007 Benefits Blueprint roadmap was created.
2008 New Common Council Administration.
2008 Enterprise Saint John was requested by Common Council to respond to 14 questions, in order to identify
opportunities to enhance current economic development model.
Outcomes:
• ESJ submitted a response to the 14 questions.
• One of Council priorities at the time was to introduce an economic development function within
the City's administration (this was not completed).
• ESJ created a 2008 -2010 strategic plan, with renewed focus on workforce expansion and to
reinvigorate and realign the momentum behind True Growth.
2011 Task Force on Economic Development conducted thorough review to (1) determine if the current economic
development model is best for Saint John and (2) is the City receiving return on investment for its
contributions to Enterprise Saint John, which eventually incorporated the three other agencies, which
resulted in the institution of the short -lived service level agreements, among other changes.
Outcomes:
• One -year service -level agreement for all economic development agencies and KPIs were
identified for all agencies (occurred for one year, but was not maintained).
• Request to create an in -house position within City Hall to coordinate economic development
(contemplated, but not pursued).
• Common Council received presentations from ED agencies on the performance of their service
level agreements in 2012.
2012 New Common Council Administration.
2012 Development and Implementation of True Growth 2.0.
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2016 Task Force on Economic Development: Investing for Growth
12
2014 Sustainable Service Review requested that agencies must avoid duplication, overhead costs must be kept to
a minimum and clearly performance objectives must be established for each organization.
Outcomes:
• No official program or structure was instituted to respond to the concerns raised in the
Sustainable Service Review.
• City overall funding to the four agencies was frozen for the 2015 fiscal year (except an increase
of $20,000 to support the introduction of the Festival and Events Coordinator in the DMO).
2015 Analysis and recommendation from the Conrod Report, which explored mandates, performance,
cooperation and comparison to other jurisdictions (no recommendations adopted at this stage).
Outcomes:
• Virtual organizational model.
• Information driven agendas.
• Strategic project selection & prioritization.
• Performance targets & reporting scorecards.
2015 City Staff Task Force on Economic Development was established to respond to Common Council's concerns
associated with the recommendations of the Conrod Report.
Outcomes:
• See 'recommendations' section of this report.
i) Key Observations
• With eight reviews or investigations over a ten year period, economic development agencies are
regularly in a state of review, which impacts their ability to deliver on their desired objectives.
• The agencies should be commended for their ability to adapt and 'pivot' over the past ten years
in order to respond to evolving nature and demands of economic development in the
community.
• The majority of recommendations from the eight reviews focused on incremental changes as a
result of technical problems (i.e. improve cooperation).
• With the above in mind, there is a need for a change in the delivery of economic development in
the City of Saint John, which likely requires adaptive solutions versus the historical reliance on
incremental solutions.
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2016 Task Force on Economic Development: Investing for Growth
6) ECONOMIC DEVELOPMENT: FINANCIAL BREAKDOWN
13
i) City Operating Funding towards Economic Development Agencies (2011 -2015)
Year
DMO
ESJ
SAP
SJWD
Total **
2011
$925,000
$400,567
$316,000
$280,000
$1,921,567
2012
$845,000
$332,000
$300,000
$255,000
$1,732,000
2013
$845,000
$475,000
$300,000
$280,000
$1,900,000
2014
$925,000
$475,000
$300,000
$300,000
$2,000,000
2015
$1,000,000
$475,000
$270,000
$275,600
$2,020,600
Total
$4,540,000
$2,157,567
$1,486,000
$1,390,600
$9,573,567
%*
+7.5%
+15.6%
-17.0%
-1.8%
+4.8%
CoSJ Support
• IT Support (would
include computer
support /asset)
• GIS Support
• Office space /rent
• Leisure Services (VICs)
• Facilities (VICs)
• Since 2011, DMO has
submitted over
$90,000 back to CoSJ
for services rendered
- landlines,
photocopier, postage.
CoSJ Support
• Participation of
numerous senior
City staff in True
Growth 2.0
initiatives,
committees and
meetings.
CoSJ Support
o Human Resources
P Payroll
P Insurance
o IT support
• Office space /rent
Telephone
Computer
support /asset
Submits $10,000
annually for City
support
CoSJ Support
• Leases computers
• IT support
• Submits $2,376
annually to CoSj
for services
rendered
* Identifies percentage ( %) increase of CoSJ funding towards ED agencies from 2011 to 2015.
** Total City funding towards ED agencies does not include capital allocations.
ii) City Capital Funding* towards Economic Development Agencies (2011 -2015)
Year
DMO
ESJ
SJIP
SJWD
Total
2011
$0
$0
$175,000
$933,000
$1,108,000
2012
$0
$0
$200,000
$2,418,000
$2,618,000
2013
$0
$0
$600,000
$370,000
$970,000
2014
$0
$0
$0
$1,134,000
$1,134,000
2015
$0
$0
$300,000
$225,000
$525,000
Total
$0
$0
$ 1,275,000
$5,080,000
$6,355,000
* It should be noted that there is a difference between capital allocations from the City to EDAs, EDA capital expenditures as
well as City capital allocations that have been reimbursed and those that have not been reimbursed.
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2016 Task Force on Economic Development: Investing for Growth
iii) Leveraged Funding from Economic Development Agencies (2011 -2015)
14
Year
DMO*
ESJ
SAP
SJWD
Total
2011
$460,004
$1,481,280
$770,750
$197,000
$3,000,034
2012
$496,157
$1,229,205
$13,729
$291,000
$2,126,091
2013
$608,567
$1,601,000
$0
$438,000
$2,746,567
2014
$741,000
$1,226,000
$64,600
$328,000
$2,460,600
2015
$746,299
$1,974,924
$6,662,000
$389,000
$9,772,223
Total
$3,052,027
$7,512,409
$7,511,079
$1,643,000
$20,105,515
* It should be noted that there was no leveraged funding within the function of tourism prior to the creation of the DMO.
■ Grand Bav Westfield - $24.836
ESJ Leveraged Funding (2015)
12.65 % - Private Y
76% - Project $
11.35 % - Municipal $
DMO Leveraged Funding (2015)
10.5% 79.5%
8.5%
1.5% 40
SJWD Leveraged Funding (2015)
16%
27%
43%
• Quispamsis - $112,133
Rothesay - $86,422
• St. Martins - $1,533
• Project revenue (Industry Canada, ACOA, RDC, PETDL, ONB, Port SJ) -
$1.5M
Private sector investors (20 different investors) - $250,000
■ Destination Marketing Fee - $593,799
■ Membership Fees - $11,000
VIC Guide and other Advertisement Revenue - $65,000
■ Co -op Partnerships - $76,500
• Parking Garage Administrative Fee -
$63,000
• Hilton Hotel Rental Income - $55,000
14% Leveraged Funding (ACOA, TD Bank, GNB,
Uptown, ESJ, SJDC) - $168,000
■ Non - Profit Preferred Tax Credit - $103,000
SAP Leveraged Funding (2015)* 0.2% 9.8/0 o ■ Land Sales - $12,000
■ Non - Profit Preferred Tax Rate - $650,000
External Funding (ACOA, RDC) - $6,000,000
90%
* It should be noted that leveraged funding from SJIP tends to be as a result of land sales or development specific funding from other levels of
government (outside of the non - profit preferred tax rate).
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2016 Task Force on Economic Development: Investing for Growth 15
7) GENERAL GUIDELINES: IMPLEMENTATION
In order to proceed with the implementation and integration of the proposed Task Force possible
actions, this report proposes general guidelines to ensure a fair, valuable and sustainable transition
period. These guidelines are not only restricted to the efforts of the Task Force, but include the
multitude of stakeholders and partners involved in the delivery of economic development in Saint John,
including: Common Council, agency staff, agency directors, regional partners, provincial and federal
partners, private sector partners and volunteers.
These principles should guide the efforts of all those involved in the implementation of the Task Force's
report and continue to build collective ownership for economic development in Saint John:
• Respect the role of economic development agencies as experts in their field.
• Capitalize on the existing volunteer capacity from the four boards of directors.
• Understanding that Saint John is but one stakeholder in a much larger network of contributors
and funders in the Saint John economic development landscape.
• Identify possible actions that are fair and valuable not only for the City of Saint John, but also to
the four economic development agencies.
• Ensure continued engagement, guidance and support from economic development agencies
(staff, board members, partners) in the implementation and roll -out.
• Acknowledge that this is an evolving development and implementation exercise, where some
facets are ripe for implementation immediately while others require additional research and
engagement prior to defining a clear implementation outcome.
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2016 Task Force on Economic Development: Investing for Growth
8) OUTCOME (A) - DEFINING THE CITY OF SAINT JOHN'S
ECONOMIC DEVELOPMENT OBJECTIVE
16
Feedback collected by the Task Force over the review period confirm our assumptions about what
should be a primary objective or outcome of the City of Saint John's economic development investment
— tax base growth, or alternatively, additional revenue for the City of Saint John. While tax base growth
is the ultimate objective, the majority of feedback from the agencies focused on secondary or tertiary
outcomes, which in turn support tax base growth. For example, there is a great deal of data on how
strongly the City supports, promotes and develops tourism, but the City may benefit in receiving greater
clarity on how tourism efforts supports tax base growth (directly or indirectly). Similar challenges appear
to exist with Enterprise Saint John, and less so for the Saint John Industrial Parks and Saint John
Waterfront Development, as the nature of their efforts are more conducive to demonstrating a link to
tax base growth.
It does appear that there is room for improvement in defining and measuring how the outcomes of the
four economic development agencies interact and impact additional revenue or tax base growth for the
City of Saint John. The Task Force received favorable feedback from the economic development agencies
on the need to clarify the City of Saint John's economic development objectives, and further, that tax
base growth should be a central component of the City's expectations associated with its economic
development investment. It should however be recognized that for Enterprise Saint John, there are
added consideration in framing return on investment, as it is governed and funded by the City of Saint
John, Town of St. Martin's, Town of Quispamsis, Town of Rothesay and Town of Grand - Bay - Westfield. It
should also be recognized that the agencies are not solely focused on generating direct revenue for the
community, as they are also responsible for developing an environment that in turn supports additional
revenue for the community.
Opportunity
(1) The City of Saint John requires clearer data from the City- funded economic development agencies
on how its investment into economic development supports additional revenue and tax base growth
for the Saint John community.
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2016 Task Force on Economic Development: Investing for Growth 17
9) OUTCOME (6) - MEASURING FOR THE CITY OF SAINT JOHN'S
ECONOMIC DEVELOPMENT OBJECTIVES
The Task Force examined various alternatives to strengthen the evaluation of the City's economic
development return on investment, which should become clearer and more streamlined with a stronger
understanding of primary objectives — additional revenue and /or tax base growth.
The ability to customize the City's suite of economic development functions through the efforts of
agencies will be enhanced with more robust annual performance targets originating from the City of
Saint John. Over time, the City will be better equipped to focus -in on the highest impact economic
development functions to increase revenue or tax base growth. As of now, the City is not very well
positioned to determine if the existing complement of economic development functions maximizes the
City's ability to increase tax base growth. The Task Force received favorable feedback from the economic
development agencies on the need to established more detailed service -level expectations between the
City and the agencies. In fact, the City recently established a five year agreement with the City's
Destination Marketing Organization, which may help inform future agreements with the other agencies.
Service -level standards should be developed with the continued insight and leadership from staff and
directors from the four economic development agencies. In addition, the development of service -level
standards between the City of Saint John and each economic development agency should respect the
existing mandates of each agency and that all agencies are not solely focused on Saint John in their
development efforts. For example, Enterprise Saint John seeks to generate growth for the entire region
(through the Regional Oversight Committee), and as such, their efforts cannot be solely focused on
outcomes for the City of Saint John.
Service -level standards can be enveloped into different governance processes or mechanisms between
the City of Saint John and the agencies, ranging from softer informal expectations (reporting periodically
to Common Council), mid -range formality (mandate letters), to more detailed formal expectations
(service agreements). Once service -level standards have been defined, the corresponding and
appropriate governance process or mechanism will be identified.
Opportunities
(2) Working with the expertise from the four economic development agencies, the City of Saint to
develop service -level standards with each of the four agencies in early 2016.
(3) Service -level standards and /or agreement could include, among other items:
• Clear language on the importance of tax base growth.
• Agency- specific customer satisfaction surveying.
• Defined and periodic reporting framework /schedule.
• Periodic review of City's economic development investment (i.e. every # of years).
• Enhanced and specific communications functions.
• Clarify roles and responsibilities of all parties, including the role of True Growth.
• Project- specific initiatives, including strategies on immigration, investment attraction, and
urban Development Strategy.
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2016 Task Force on Economic Development: Investing for Growth
0) OUTCOME (C) - CO- LOCATION OPPORTUNITY
18
Agency
Rent (approximate)
Lease Requirements
Number of Employees
SAID
Covered by City of Saint John
Not applicable
0.5
SJWD
$28,000
Expires on December 31St, 2015
with 60 day terminate notice
3 (2 FTEs, 0.5 project, 0.5 coop)
DMO
Covered by City of Saint John
Not applicable
23 (8 + 15 seasonal (part -time)
ESJ
$50,000
Expires on December 31St, 2015
11 (6 FTEs, 3 project, 2 coop)
Total
$78,000 + in -house support
Expires on December 31St, 2015
1 23
* There are various aspects not covered in this table that should be considered in a full cost - benefit analysis of possible co-
location (in terms of financials, partnership, customers, and efficiency).
i) Considerations
• It should be noted that important collaborations and day -to -day interaction occur frequently
between the four economic development agencies, even though they are located in different
offices. According to the Task Force, there is an opportunity to generate new levels of
collaboration if the four agencies are all housed in one location.
• There are important synergies between the work of ESJ with Opportunities New Brunswick and
Atlantic Canada Opportunities Agency who are co- located in the Business Resource Centre on
King St.
• In order to identify the full financial benefit of co- location, a more comprehensive cost - benefit
analysis is warranted, including differentiation of rental fees (per square foot), revenues from
sub - tenants, shared administrative support, combination of agencies to co- locate, and also, how
any co- location may improve or diminish service between agencies and clients.
• The economic development agencies informed the Task Force that proximity to stakeholders is
an important consideration in the identification of office space.
• There is general agreement that co- location amongst the four agencies would enhance
collaboration in economic development, but it is not the silver bullet to resolve all cooperation-
related concerns.
• A suitable location for co- location remains unclear, but options will be explored to maximize
effectiveness where possible and to ensure efficient, professional service delivery.
Opportunity
(4) There is value in the City of Saint John to work with the four economic development agencies to
identify possible real estate options, conduct a cost - benefit analysis and determine, if any,
appropriate next steps .
147
2016 Task Force on Economic Development: Investing for Growth
19
11) OUTCOME (D) — Opportunity to enhance the existing coordination
and integration of economic development
i) Marketing and Communications
When referring to marketing and communications, the Task Force is referring to all marketing and
communications - related expenses, include staff, operating budget, consultants, contracts, retainers,
printing, publications, advertising.
Agency
Communications /Marketing
Expenditures (average /annual)
City's total 2014
ED investment
% of total 2014
City investment
SAID
$35,000 - $40,000
$300,000
12%-%13
SJWD
$30,000 - $40,000
$300,000
10%-13%
DMO
$1,000,000 - $1,200,000
$925,000
108%-130%
ESJ
$225,000 - $300,000
$475,000
47%-63%
Total
$1,290,000 - $1,600,000
$2,000,000
a) Considerations
• All agencies have shared with the Task Force that there is a need to customize marketing and
communications messaging according to the desired audience, which should not be lost in any
effort to identify efficiencies in this area.
• While there is a need for customization within the area of communications, there is equally a
need to create common branding within the multitude of economic development and City of
Saint John communications efforts.
• Enterprise Saint John has sought to develop further coordination in the communications efforts
between the economic agencies through the True Growth Integrated Communications Strategy,
but there remains an opportunity to generate further communications - related collaboration
between the agencies.
• The Task Force received feedback from the four agencies that there may be value in fusing
together the existing communications functions and expenditures originating from the agencies
into a collaborative marketing and communications strategy.
• The four economic development agencies had organically started meeting periodically prior to
the initiation of the 2015 Task Force on Economic Development for the purposes of improving
coordination and strengthen the direction of True Growth 2.0, and there is certainly benefit for
the interaction to continue.
Opportunity
(5) There is benefit for the four economic development agencies in collaboration with the City of
Saint John in pursuing an integrated communication and marketing strategy during 2016.
Um
2016 Task Force on Economic Development: Investing for Growth 20
ii) Administrative /Secretarial Support
When referring to administrative /secretarial support, the Task Force is referring to all front
desk /administrative support, reception, scheduling, office matters (printing, drafting letters, stocking
office supplies).
Agency
Administrative /Secretarial
Expenditures (average /annual)
City's 2014
investment
% of total 2014 City investment
SJIP
$1,800
$300,000
0.6%
SJWD
$4,000 - $6,000
$300,000
0.2%-0.3%
DMO
$15,000- $20,000
$925,000
1.6%-2.1%
ESJ
$30,000 - $40,000
$475,000
6.3%-8.4%
Total
$63,800 - $78,800
$2,000,000
a) Considerations
• It should be acknowledged that the current clerical support for the economic development
agencies is already stretched and central for the delivery of their operations.
• There is difficulty in defining this function, as the activities of the function are often spread
across numerous portfolios within the agencies, which makes it challenging to identify
associated costs and potential benefits to share resources.
• From this report's perspective, there is no clear financial or operational benefit to fused
administrative /secretarial support functions amongst the four agencies.
iii) Urban Development /Real Estate
a) Considerations
• There are multiple interests and functions involved in the delivery and pursuit of urban
development and real estate support within the City of Saint John and the economic
development agencies, including Waterfront Development, Enterprise Saint John, the City of
Saint John's Growth and Community Development Service Area and the City's Facilities
Management /Real Estate division within the Finance and Administrative Service Area.
• In addition, the City has also recently introduced a Development Incentive Program which
should also work in conjunction with urban development /real estate functions.
• It is important to consider how any changes to urban development and real estate would
improve or diminish service between agencies, the City of Saint John and clients.
Opportunity
(6) There is benefit for the four agencies and the City's economic development point person to
further integrate the urban development and real estate functions in Saint John.
149
2016 Task Force on Economic Development: Investing for Growth 21
iv) Investment Attraction
Investment attraction is an area where all agencies are actively involved in pursuing particular initiatives
under this umbrella. The challenge is that there is not necessarily a centralizing framework to manage
the actions under investment attraction umbrella, outside of the existing organic collaboration occurring
between the four agencies. From feedback received from the agencies, it appears that every agency
believes they have the mandate to pursue investment attraction, and their respective boards of
directors support the pursuit. Also, during the Task Force's discussion with agencies it was observed that
agencies feel there are benefits to customizing investment attraction for their particular markets and
audiences
Opportunity
(7) There is benefit for the four agencies and the City's economic development point person to
develop an integrated strategy on investment attraction, incorporating feedback from all interested
parties.
150
2016 Task Force on Economic Development: Investing for Growth
12) OUTCOME (E)- STRENGTHENING GOVERNANCE
i) General
22
The Saint John community has benefited from years of collaboration amongst the various economic
development actors and agencies. The True Growth model remains a national best - practice, and has
played an important role in shaping the economic development landscape in Saint John. Whether it is
the collaboration to develop the Lorneville barge terminal, the vision to introduce Harbour Passage or
the establishment of New Brunswick's only voluntary hotel levy supporting tourism, Saint John has a rich
history in delivering innovative economic development outcomes. In addition, the four City- funded
economic development agencies have leveraged over $20 million in funding over the past five years for
their operations, which does not include additional revenues from agency efforts to generate tax base
growth for the City.
The City of Saint John's specific role within economic development remains unclear as well as the
leading service areas within the administration that oversee economic development (City Manager's
Office, Growth and Community Development Services, Strategic Services).
There is general agreement amongst the agencies that a point of contact in City Hall would be valuable
to the economic development landscape in Saint John. There is no need to create a new position, simply
to clarify which member of the City's Senior Leadership Team will be the point person for economic
development and oversee the service -level agreements. It should be noted that the point person will
not be designed to 'lead' economic development in Saint John, but more so, to be a point of contact
between the City of Saint John and the four agencies.
Opportunity
(8) There is merit in identifying a point of contact within the City of Saint John for economic
development.
151
2016 Task Force on Economic Development: Investing for Growth 23
ii) Communications: Ensuring Ongoing Dialogue
a) Considerations
The City of Saint John is extremely fortunate to benefit from the leveraged volunteer capacity from the
four board of directors of the City- funded economic development agencies. These volunteers donate
their expertise, insight, perspective and time towards the economic development landscape in Saint
John.
While all parties involved in the management and delivery of economic development in Saint John are
well- intentioned, the Task Force discovered that lines of communications between the following three
groups involved in the governance of economic development could be improved: (1) agency board of
directors, (2) Common Council and (3) City Staff.
• Agency board members are not alwaysaware of the mandates, functions and focus areas of the
other agencies.
• The role and responsibility of Council appointees as well as Council members within the board of
directors of the agencies is not always clear. For example, are the Council members expected to
report back to Council periodically with updates and progress from the agencies?
• Because there is a lack of clarity in the City's point person for economic development, agencies
are often confused on who to connect with in City Hall as well as expectations from Common
Council on reporting requirements.
Opportunity
(9) There is a need to improve the ongoing education and information sharing between the various
actors involved in the delivery of economic development in Saint John, and as such, there is benefit
for the four agencies and the City's economic development point person to ensure ongoing dialogue
and interaction between the various actors.
152
2016 Task Force on Economic Development: Investing for Growth 24
iii) True Growth 2.0: Strengthening Collaboration
a) Considerations
• The True Growth model is one that everyone values within the economic development
landscape in Saint John, and any improvements to the operations True Growth should leverage
the progress that has already been made through the model.
• There is pride in the True Growth model, which has received several awards and applauds from
economic development colleagues from across the country.
• While there is unanimity on the True Growth model, there is also unanimity within the four
economic development agencies and the Task Force that change is needed, as the current
model is not fulfilling expectations.
• There are concerns that True Growth is a great collaborative model, but lacks ownership from
the broader economic development landscape in Saint John, including the three other agencies.
• There is a continued need to solicit for more wide - spread community ownership, participation
and engagement within the model.
• It should be noted that some of the agencies, most notably SAP and SJWD, have limited human
resource capacity to fully engage and support the various True Growth initiatives (above and
beyond the expectations to fulfill their agency's mandate and Board expectations).
Opportunity
(10) There is benefit for the four agencies and the City's economic development point person to
investigate needed governance improvements to strengthen the True Growth model within the
economic development landscape in Saint John.
153
2016 Task Force on Economic Development: Investing for Growth
13) OTHER OPPORTUNITIES
Opportunities
(11) There is benefit for the four agencies and the City's economic development point person to
develop an integrated strategy on immigration development, recruitment and retention,
incorporating feedback from all interested parties.
(12) There is value for the four economic development agencies to establish a permanent working
group to identify areas of overlap, duplication and generate efficiencies and cost - saving in the
delivery of economic development in the Saint John community.
154
25
2016 Task Force on Economic Development: Investing for Growth 26
14) PROPOSED COMMON COUNCIL RESOLUTIONS
Resolve that the City Manager be directed to work with the expertise from the four economic
development agencies and other economic development partners to pursue the opportunities found
within the 2016 Task Force on Economic Development Final Report, and report back periodically to
Common Council on progress.
155
Vor
- Investing for Growth -
Final Report: City of Saint John Task
Force on Economic Development
February 2016
156
SAINT JOHN
rte' NX
Develop an approach to more effectively
coordinate the City's funded economic
development activities through strategic
engagement with service providers and a shared
focus on governance, accountability and
communications issues.
157
SAINT JOHN
• Evidence -based investigation
• Utilize key findings from past research
• Focus on the City's return on investment
• Strengthen transparency, simplicity and clarity
• Streamline coordination and support
• Utilize the internal and external expertise
158
SAINT JOHN
rte' NX
• August 2015 Council resolution
• Council adopts Task Force scope of work in October 2015
• Feedback from NB's Chief Economist, Fredericton,
Moncton
• Incorporated findings from 8 reviews from past 10 years
• Partnership with economic development agencies:
• Agency specific one -on -ones
• Developed 23 page Discussion Paper
• Organized workshop with agency CEOs, staff and
board members on 38 unique questions
• Advance copies of final report to agencies
SAINT JOHN
bqA , -� 1%, a
� — 4 <or AAU 2
1
13.4%
23.5
2015 City Investment into Economic Development
8.4%
31.8%
17.7%
160
DMO* (General) - $642,386
DMO (Management of Visitor Information
Program) - $357,614
ic ESJ - $475,000
SJIP ** - $270,000
■ SJWD (General) - $105,000
0 SJWD (Management of Garage /Market
Square) - $170,000
SAINT JOHN
_J
City's operating funding to agencies
$925,000
$400,567
$316,000
$280,000
$1,921,567
$845,000
$332,000
$300,000
$255,000
$1,732,000
$845,000
$475,000
$300,000
$280,000
$1,900,000
$925,000
$475,000
$300,000
$300,000
$2,000,000
$1,000,000
$475,000
$270,000
$275,600
$2,020,600
$4,540,000
$2,157,567
$1,486,000
$1,390,600
$9,573,567
+7.5%
+15.6%
-17.0%
-1.8%
+4.8%
r•
161
SAINT JOHN
Leveraged Funding
$460,004 $1,481,280 $770,750
$496,157 $1,229,205 $13,729
$608,567 $1,601,000 $0
$741,000 $1,226,000 $64,600
$746,299 $1,974,924 $6,662,000
$3,052,027 $7,512,409 $7,511,079
162
$197,000
$291,000
$438,000
$328,000
$389,000
$1,643,000
$3,000,034
$2,126,091
$2,746,567
$2,460,600
$9,772,223
$20,105,515
SAINT JOHN
mom
�--L
• Agencies as experts
• Volunteer capacity
• Partnership in economic development
• Opportunities to enhance service /results for all
• Continued engagement and support from
agencies and partners
• Evolving development and implementation
exercise
163
SAINT JOHN
9: e
1. Clarifying the importance of ROI and revenue
2. Introducing service -level standards
3. Periodic reporting and updating
4. Administrative point of contact within City
164
SAINT JOHN
9 e
5. Potential Growth Areas
a. Real estate and urban development
b. Investment attraction
c. Immigration attraction and retention
165
SAINT JOHN
9: e
6. Potential Efficiencies
a. Investigate possible co- location
b. Integrated communications strategy
c. Governance improvements to True Growth
d. Ongoing education and information sharing
d. Permanent agency working group to
identify areas of efficiency and cost - saving
166
SAINT JOHN
Questions?
167
SAINT JOHN
Saint John Economic Development
Agency Review
Final Document — ,.lure 802015
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STRATEGIC BUSINESS CONSULTING
•M
Saint John Economic Development Agency Review
Terms of Reference — Acting upon a request from the Saint John City Mayor's Office,
a review of four Economic Development Agencies was undertaken, including:
Interview sessions with each agency (GM and Board Chair). The sessions explored
perspectives on agency mandate, strategies, performance, & interactions with
other economic development stakeholders.
Comparisons with several other municipal economic development models and
the metrics. Key attributes were identified that contribute to performance.
Facilitate a session with leaders of the four agencies to review findings and to
challenge agencies where opportunities may exist for alignment with strategy.
Report back to Mayor's Office on findings.
CONROD 38
STRATEGIC BUSINESS CONSULTING
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9
Saint John Economic Development Agency Review
Why now?
• Expressions of interest (or concern) had been submitted to Saint John City
Mayor's Office regarding the current model for economic development.
• Discussions (musings) in the media that a merger of the 4 agencies might
save money or be more effective.
• Interests by the four agencies to work together for common purpose
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Agency Interviews and Research Activities
1. Enterprise Saint John — Apr 2nd
(Steve Carson & Larry Hachey)
2. Industrial Parks Ltd. — Apr 3rd
(Brian Irving & Ken Anthony)
3. Discover Saint John — Apr 9th
(Allison Fraser & Jillian McKinnon)
4e Saint John Development — Apr9tn
(Kent Macintyre & Stephen Alexander)
Interview meetings provided an open and informative dialog. The information
exchange was beneficial and documents requested were provided during and
following these meetings.
Some 40+ documents in total were provided and analyzed following these meetings.
Agency interview and profile data is contained in Appendices A -1 thru A -4
iCONRoD 40
STRATEGIC BUSINESS CONSULTING
171
FAI
Research Activities
1. Halifax Partnership (May 7th, 2015) — Fred Morley — Executive Vice President
and Chief Economist of the Halifax Partnership
2. Ignite — Fredericton (May 7th, 2015) — Larry Shaw — Chief Executive Officer
3. Charlottetown Area Development Corporation (May 11th, 2015) - Ron Waite — GM
4. Moncton 3+ Corporation — Did not respond to phone call requesting an interview.
Interviews with the contacted individuals were conducted by telephone and were
open and very constructive. This research detail is contained in Appendices B -7.
Secondary research reported on performance indicators from various sources
including CRA, CFIB, Statistic Canada, Conference Board of Canada. This research
detail is contained in Appendices B -1 thru B -6.
Additionally, a funding comparison with HRM agencies is provided in Appendix B -8.
Editorial Note: Interviewees spoke highly of Saint John's development organizations.
ONROD 41
STRATEGIC BUSINESS CONSULTING
172
5
Researching Metrics for Comparison
Headline Indicators Economic Developers Association
reports that
• Business Confidence — CFIB Entrepreneurial Index of Canada (EDAC)
— Loosing Ground (78t' - -> 98t' position) Its membership measure:
• Consumer Confidence — CRA Urban Report
— Trending Lower (Index 97.3 -> 94.7)
T" Ten Maim" ned in C mAillmlliu namk 1l)"apn an
• Employment — Statistics Canada
AnhrOptbr*
�
�e
— Gaining (ahead of new job target)
New Miriam a "ned
73.x%
69
• Immigration -- Conference Board
Population
Jobs CMted fult time
67M
0.6%
M
97
— Struggling to Attract Newcomers
1Vorkfome
W.k%
57
Inquldes received
59.6%
9
• Population Growth — Statistics Canada
New BusinessimmWimenitanmc*d
56.5%
55
Buidhg pert M s -LVi nerds E
53.2%
M'
— Slight increase in CMA statistics
Buiding permits- Imtkutienal
51.1%
49
Business closures
48.9%
46
IJnelnplo mend rats
47.9%
45
Performance Metrics details are contained
In the Appendices to this presentation
' N R 0 D
42
STRATEGIC BUSINESS CONSULTING
173
6
International Economic Development Council
A +twirls ManagedlPerformed
VVhkh of ame L-co wo ic &%*lowemt -P coymsoil o you rnaryagr! rat p- rr°orm7
bualnea-s retention amd expans!on
marketing/business roorutmamt
toga Arch lal nalysi s
slr - all buslneEss start -ups and support
iinarism d'evetopment or promotion
negg hbcrrhood/compinun ity development
do5Aer1umn development
grey nt vaRing
rkfarcid development
prcpt3rtyr d+svolopm rstfredevelopment
*the.r intarnation al. EEO
exporOrnp ort axa iatalnc e
lechnolrVy a canurnic development
government pracurenient
provide I>ans and grants
Wae: all 190 Canadian resp*ndentz -(rnultip�c answers)
tONROD
STRATEGIC BUSINESS CONSULTING
_e..
61%
52%
52aA
_ 38%
34%
IEDC survey highlights the key
Activities performed by the 190
Canadian Respondents.
24% Saint John Agencies compare
23% well with peers on many top priority.
43
174
More discussion on marketing
and business recruitment needed.
7
Initial Findings
• The four agencies in Saint John have distinctive purposes or
missions and each mandate is documented in the respective
acts of incorporation.
• Each agency is governed by a board of directors and board
members have been made aware of the agency mission through
participation in periodic planning and priority setting sessions
for each agency.
• Boards meet regularly to review & approve plans and
expenditures. Agencies have or are in the process of
implementing benchmarking performance standards relative to
the sector in which they operate.
ONROD 44 8
STRATEGIC BUSINESS CONSULTING
175
Initial Findings
Selective agencies have also been mandated to perform specific operations -
type responsibilities. Management time is therefore not fully dedicated to
economic development activity. Examples:
— Operations associated with the Market Square Complex (SJ Development Corp. is Head
Lessor) and surrounding waterfront properties and assets (small craft facility, parking
garage, boardwalk, loyalist Plaza, courtyard) are administered by SJDC. In 2015, the SJDC
will receive total revenue of $665,000 of which $311,000 (47 %) will be directed towards
economic development and $354,000 allocated to property operational requirement.
Included in the $665,000 is the City of Saint John's contribution of $275,000 of which
$115,000 (42 %) is directed to economic development and $160,000 (58 %) allocated to
property and asset management.
— Operations activity at Saint John Industrial Parks include ( <$35K) on tree replacement,
ditch reinstatements, grass mowing, signage)
— At Discover Saint John, $116K is associated with the operations of the Visitor Information
Centers (for employee salaries, uniforms) and this could be economically rationalized as
increasing visitor spending and length of stay.
Note: PN13 is currently examining possible changes to the hotel marketing levee
collection and distributed process.
• Overall, this situation is not uncommon and has been observed in other
municipalities. If budgets are constrained at the agency, these activities could
��r�
`. fall back to City Hall.
O N R O Q 45 g
STRATEGIC BUSINESS CONSULTING
176
Initial Findings
• Economic Development is a competitive activity. Relevant expertise and specific
segment knowledge does and must continue to exist in each agency within the
economic development eco- system.
— Attracting and growing Industrial Firms is distinctly different from attracting
Tourism Consumers.
• Agencies must also develop the necessary contracting partnerships.
— Development Initiatives often involve overseeing both internal and external
expertise and sector - specific specialists at each stage of development.
City Council
may not fully appreciate the
nature of the
differing aspects of each
agency and
activities in a total economic
development
picture.
— opportunity to provide a learning session to council may be of benefit.
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10
Initial Findings
• Operating budgets for the four agencies are funded from
diverse sources and reaches beyond the Saint John City budget.
Funding sources include Private Sectors Partners, Municipal Partners,
Federal and Provincial Governments, Industry Association and Levies,
Advertising Revenues, and Operating Revenue surplus.
—
Operating grant contributions provided by City Hall to the agencies
are effectively leveraged to achieve the required agency operating
budgets. (Saint John is leveraged by 2.64 times &Halifax is leveraged
by 2.57 times as a marketplace comparison)
— Total operating funds for the 4 agencies in Saint John is slightly lower
than HRM agency funding when compared on a normalized (per
citizen) basis. (Saint John agencies are funded at $38.5 / citizen and
FIRM is $39.8 / citizen). When additional HRM funding for BIA and
Marketing is applied, the difference is more pronounced.
ONROD 47
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178
Op -Ex Budget Comparison
Halifax Regional Municipality
............................................................................................................
• HRM Industrial Parks $5.6M
® Destination Halifax $2.7M
• HRM Waterfront $4.2M
• Halifax Partnership $4.OM
• TOTAL
• Population*
• Spend per citizen
ONROD
STRATEGIC BUSINESS CONSULTING
$16.5M
414.4K
"$39.8
Greater Saint John
..
. ........................ . .. .. ................. .
• SJ Industrial Parks
• Destination SJ
48
179
SJ Waterfront
ESJ -True Growth
• TOTAL
• Population*
• Spend per citizen
$533K
$1.67M
$665K
$2.OM
$4.9M
127.3K
^'$38.5
* Statistics Canada - 2014 ��
Op -Ex Budget Comparison
• HRM has separately budgeted $2M for Business
Improvement Districts (8) and $3M. for Marketing.
• Uptown Saint John budgets approximately $445K for
annual operating expenses for similar activities.
• When these amounts are included in HRM and Saint John
calculations, the difference is more pronounced.
— HRM
$51.88
spend
per
citizen
— Saint John
$41.99
spend
per
citizen
See Appendix B -8 for details / Slides 70 & 71.
Editorial note: Single city of significance is HRM in the PNS situation VS. 3 major cities
in PNB situation when competing for funding.
.T
CONROD 49
STRATEGIC BUSINESS CONSULTING
im
13
Source of Funds (as surveyed by IEDQ
{public funds 81.9%
internally generated funds (e.g., feeslservices) 10.2%
private fends 5.6%
other 2.3%
400°A public 42%
100°x6 private or internally generated 4%
base: all 190 Canadian naspondents (fill -in ansrwrs)
Reported Funding Sources is an important
reference point when examining
Saint John's agency funding mix.
CONROD
STRATEGIC BUSINESS CONSULTING
50
181
IEDC survey highlights the key
Funding sources reported by the
Canadian Respondents.
Nature of Organization
What one ePWft trbtt d"CrAM ttne type of oManlsatlon you wa* foi7
city government
4M
county government
1-715%
i;
M PUBLIC
statelprovincial government
s%
development authoritylother authority
4%
regional or other private non -profit EDO
16%
neighborhood organizationi
246
19% NON - PROFIT
chamber of commerce
1%
consulting firm
4%
4% PRIVATE
utility
Oak
educational Institution it 1%
other 1 1 7%
I
Municipal Budget Leverage
......... ........ -.1 ....... ..... .... ..
Saint John
Operating Budget (4 agencies)
$4.9M /year
HRM
• Operating Budget (4 agencies)
$16.5M /year
• Municipal Contribution Municipal Contribution
$1.86M /year $6.42M /year
Saint John and Halifax have leveraged their annual municipal contributions to
Agency Operating Expense budgets by encouraging partnerships and enabling
agencies to generate revenues. (compares well to the IEDC survey data)
CONROD 51 15
STRATEGIC BUSINESS CONSULTING
182
Initial Findings
True Growth has provided an additional
opportunity for collaboration within the
economic development eco- system.
True Growth has allowed for additional
participants and funding to flow into the
eco- system.
Strong Individual Agencies must be
allowed to continue so successful
system -wide collaboration can succeed.
Business community participation was
very high but sustaining momentum can
prove to be very challenging.
r
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183
The True Growth Model has received
regional, national and international
recognition and recently at the 2015
Confederation of Municipalities
Annual General Meeting.
1.6
Recommendations
Organizational Model
• Four agencies resolve to advance their efforts to work as an eco- system of
economic developers. This involves strengthened collaborative efforts within the
current organizational structures. (not the status quo).
• Each agency must strive to be at the top of their respective peer -group and
continue to develop individual agency expertise. Specialization & focus by each
agency should not be diluted.
• Strengthen collaborative behaviors (market research, information sharing,
marketing, joint project support) and holding each other accountable.
• Moving toward a greater level of self - sufficiency could be examined IF the City
of Saint John were to allow revenue participation on current revenue
producing assets at the agencies. This would enable agencies to cover base
operating expenses and would allow agencies to make development
expenditure commitments beyond 12 month.
Agency Board composition must continue to increase private sector
participants which bring business skills & expertise. All stakeholders must
understand governance models and how these structures should work.
CONROD 53
STRATEGIC BUSINESS CONSULTING
.m
17
Recommendations
Information-Driven Agendas
• Information is critical to building and managing a development agenda. Other
agencies interviewed are creating robust research & reporting capabilities.
• Agencies could be sharing studies, reports and analysis within their eco- system
but currently lack sufficient funding and /or resources to do the annual
"economic research" required to assist in better planning and decision making.
Le. Demographic research (not just data collection), economic impact analysis
& prioritizing. All 4 agencies are fully supportive of this point and would support
having ES.# undertake this activity on behalf of the eco- system.
• Agencies could be investing in a common information sharing technology to
assist in coordinated planning and decision - making (with City Hall support).
• Marketing calendars and promotional resources could be shared and
regularized with customized messages by specific agencies & for audiences.
ONROD 54
STRATEGIC BUSINESS CONSULTING
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W,
Recommendations
Project Selection and Prioritizations
• Agencies will have a growth agenda comprised of both specific sector priorities
& shared eco- system priorities. Economic development agencies must seek
ways to optimize by balancing autonomy and opportunity for system -wide
collaboration.
• Agency project collaboration (and TG2.0) could adopt a "one- some -or all"
inclusive approach to joint interest priorities, extending the current model.
• Lead agency (as project prime) could be virtual and based on where core
capability is strongest. Focus on leveraging the natural synergies between
agencies & projects, possible only by understanding capabilities of each agency
and engaging at the right time.
• ESJ will continue to facilitate the wider community engagement in TG2.0 and
interaction with the Regional Oversight Committee.
ONROD 55
STRATEGIC BUSINESS CONSULTING
i•
19
Recommendations
Performance Scorecards
• Common scorecard reporting format could be adopted across the
economic development eco- system.
• Agencies will have a development agenda to report on that is comprised of
individual sector priorities & shared system -wide priorities.
• Economic Impacts could be presented when project approval is sought or
annual plans are presented for funding. Boards have a strong role to play.
• Desired performance could established through Service Level Agreements
annually with Boards and /or Regional Oversight Committees.
• Quantified impact targets should be set at the project or program level and
reflect the intent from the service level agreements or commitments to
regional oversight committee.
CONROD 56
STRATEGIC BUSINESS CONSULTING
187
W
In Summary
• The four agencies examined have distinctiveness in both mission and
primary economic development initiatives. Dilution of their efforts
should be avoided, however, strengthening collaborative behaviors and
processes should be considered in addressing shared opportunities.
• The four agencies face a challenging and complex economic situation.
They must maintain an ability to think and act strategically and focus on
the "right" targets and go after them "aggressively ".
• Adopting these four recommendations presented (virtual organizational
model, information driven agendas, strategic project selection &
prioritization, and performance targets & reporting scorecards) should
allow for leverage of specific sector strengths, while seizing shared
opportunities in the economic development eco- system.
• Agencies do not want to loose this opportunity and do believe they must
adopt mechanisms for meeting, sharing and achieving more collaborative
and individual outcomes.
J..
CONROD 57
STRATEGIC BUSINESS CONSULTING
IM
21
Research Data
This document contains several appendices which provide the
assembled research data:
• A -1 thru A -4 Agency Interview & Profiles
• B -1 thru B -6 Comparative Performance Metrics
• B -7 thru B -S Regional Interviews, Staff & Budget Comparators
' ONROD 58 zz
STRATEGIC BUSINESS CONSULTING 189
COUNCIL REPORT
M &C No.
2016 -34
Report Date
February 16, 2016
Meeting Date
February 22, 2016
Service Area
Growth and Community
Development Services
His Worship Mayor Mel Norton and Members of Common Council
SUBJECT. One -Stop Development Shop — Click2Gov Demonstration /Launch and
Atlantic National Home Show Presence
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner /Dept. Head
City Manager
J. Brent McGovern
Jacqueline Hamilton
I Jeff Trail
Your City Manager recommends that Common Council:
- be provided with a demonstration of Click2Gov —Saint John's new
electronic building permit tracking system, and
- support the launch of this new One -Stop Development Shop service
enhancement.
The purpose of the report is to provide Common Council with a demonstration
of a new One -Stop Development Shop service enhancement known as Click2Gov
in advance of its official launch.
The report also provides Common Council with information on the upcoming
Atlantic National Home Show where the One -Stop Development Shop will
feature a booth.
PREVIOUS RESOLUTION
One year ago, in February 2015 Council adopted the following related
recommendations:
Adopt the One -Stop Development Shop Final Service Delivery Model
options "The Essential Package" and "The Enhanced Compliance
Package" as outlined in M &C 2015 — 023
190
Ma
direct staff, subject to Council's budget approvals, to proceed with
implementation of the One -Stop Development Shop Final Service
Delivery Model options "The Essential Package" and "The Enhanced
Compliance Package" as outlined in this M &C 2015 -023, and
Council received quarterly updates on progress in June and November 2015 and
a workshop was held on the proposed One -Stop Development By -laws in
February 2016.
STRATEGIC ALIGNMENT
The One -Stop Development Shop project is a Council priority related to the
economic health of the City. The One -Stop project aligns with key strategies
including PlanSJ and AdvanceSJ and supports developing a culture of continuous
improvement and customer focused service delivery which is transparent and
accountable.
REPORT
Just over a year ago, at the February 16, 2015 Council meeting, Council adopted
the One -Stop Development Shop Final Service Delivery Model recommended
options; and directed staff to proceed with implementation. Since then staff
have remained focused on implementing various project initiatives within the
Model that includes 61 service enhancements. The service enhancements are
designed to achieve the vision of the One -Stop project through the support of
the guiding principles, which include; innovation and continuous improvement,
predictability and clarity, facilitated and streamlined; and customer and
community focused.
Four of the 61 service enhancements relate to the implementation of Click2Gov.
Click2Gov is Saint John's Electronic Building Permit Tracking System and an
extension of the City's SunGard Naviline enterprise software solution. It adds a
public facing service that allows citizens and contractors to go online, any time,
and check the status of their building permit application and it also provides the
ability to view the inspection results in real time. It will allow people to search
and view the status of a building permit application or view historic permits
(back to the mid 1990s) on a property. Homeowners and contractors in the
building permit application stage will now be provided with a 6 digit PIN which
will allow them to view the building inspector's comments specific to their
application. PIN numbers will be provided at the One -Stop Development Shop
during the application stage, either by email or by letter.
The Click2Gov initiative aligns with the Saint John Open Data Policy and is a good
example of open information where we are seeking to broaden access to
information to ensure transparency and accountability. This initiative also fully
aligns with AdvanceSJ, the City's corporate strategic plan that embodies the
191
BE
principles of sustainability, responsive service delivery, continuous improvement,
transparency, accountability and customer service.
Schedule
In accordance with the One -Stop project's original schedule, the purchase,
installation and staff training associated with Click2Gov and the public launch
are all on schedule and within Council approved budgets. With this public
launch users will be provided with the ability to track their permits online for all
building permit applications made on or after February 23, 2016.
It should be noted that there are planned communications around this launch
with the use of social media, the City's website and the upcoming Atlantic
National Home Show to promote this new tool.
Additional features of the technology that will continue to be added in the
coming year are the ability to track planning applications online, the ability to
schedule building inspections online and the ability to apply and pay for simple
building permits online.
Atlantic National Home Show
Staff have reserved space at this years 2016 Atlantic National Home Show that
will be held at Harbour Station from March 18 — 20th. This timely event provides
the target audience that are contemplating construction projects and it allows
the One -Stop to engage with the community on some of the project deliverables
that are being rolled out. At the Home Show staff will be demonstrating
Click2Gov, communicating the changes associated with the suite of modernized
integrated by -laws (Subdivision, Building and Drainage By -laws) subject to
Planning Advisory Committee (PAC) and Council's support and promoting the
launch of the urban development incentives which will feature a new online tool.
Council are invited to participate and for information purposes below is a
schedule of the event.
Friday, March 18th 12pm — 9pm
Saturday, March 19th 10am — 6pm
Sunday, March 20th 10am -4pm
A formal public launch of the One -Stop Development Shop is also being planned
for Monday April 18, 2016 (a regular meeting of Council).
192
-4-
SERVICE AND FINANCIAL OUTCOMES
The addition of Click2Gov to the One -Stop Development Shop project will deliver
a public facing service enhancement that results in improved clarity and
transparency as it relates to the permitting process.
The cost of Click2Gov and its implementation are being completed within Council
approved budgets.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input from IT, staff, Communications, Legal, Common Clerk's Office,
Development Industry, Economic Development Agencies, Planning Advisory
Committee and Heritage Development Board and support from Finance.
ATTACHMENTS
List attachments related to report.
193
FRANKLIN O. LEGER, Q.C.
JOHN F. BARRY, Q.C.
1 Germain Street, Suite 1500
Saint John, New Brunswick E2L 4148
Telephone: 506.633.4211
506.636.0533(c)
Facsimile: 506.632.8 809
February 17th, 2016
DELIVERED BY HAND
Mayor and Members of the Common Clerk
City of Saint John
P.O. Box 1971
Saint John, New Brunswick
Attention: Jon Taylor
Common Clerk
Your Worship and Members of Council:
RE: Saint John County Court House
Declaration of Trust
January 5th, 1826
We noted in the media reports of the meeting of Common Council February 8", 2016 that Council
refused an offer from the Province of New Brunswick to take title to the Saint John County Court
House, one of, if not Saint John's most historic property.
We also noted on February 17th, 2016 the comments of Sarah Irving, Executive Vice- President of
Irving Oil, with respect to their new headquarters on the adjacent corner to the Court House will
respect the historical character of the area.
It appeared obvious from media reports that the members Saint John Common Council were not
aware that there exists a Declaration of Trust which was entered into by the Mayor and Council on
January 5t11, 1826 with respect to the Saint John County Court House.
We are of the opinion that the City still has a trust obligation that exists with respect to the Saint
John County House some 190 years later and has not, so far as we can determine, ever taken any
steps to divest itself of the obligations pursuant to that trust to preserve the Saint John County Court
House.
194
We attach hereto our detailed history and analysis with respect to the Declaration of Trust that
remains an obligation of the City of Saint John to respect the trust. We also include copies of the
Declaration of Trust in its original form and in a typewritten form we prepared when the Declaration
of Trust was brought to the attention of a committee appointed by the Saint John Law Society some
10 years ago.
In bringing this to your attention, we do appreciate that in the 21St Century an appropriate use must
be investigated and found for the property.
The Declaration of Trust makes it, in our opinion, very clear that notwithstanding the resolution of
Council expressing no interest in taking title to the property, the City of Saint John has never
divested itself of its ownership and interest in the Saint John County Court House. The reasons are
set out in the submission hereto attached.
The purpose of this submission is to request that the City of Saint John reconsider the offer of the
Province and assume physical control of the Saint John County Court House.
We also suggest that in conjunction with same a citizens' committee work with the City to
investigate proper uses reflective of the 21" Century that can be made for this historic property while
honoring the 1826 trust.
It is in that context that we would request that Council reconsider the matter. Your authors remain
available to provide any further information that the City may require with respect to same.
While the Saint John Law Society has raised the issue and appears prepared to participate, the
preservation of the Saint John County Court House should be a community based initiative.
We would respectfully request that this letter and the appended submissions and documents be added
to the agenda for the Saint John Common Council meeting of February 22'd 2016.
Enclosures
Yours ver truly, t
Franklin O. Leger, Q.
I
J P. Barry, Q.C.
195
THE SAINT JOHN COUNTY COURT HOUSE
Is the City of Saint John still bound by a Declaration of Trust which was entered into by the
Saint John Common Council on January 5, 1826 with respect to the Saint John County Court
House? In the opinion of your authors, the City still has a trust obligation that still exists with
respect to the Saint John County Court House after 190 years.
In the Preface to his book Building for Justice. The Historic Courthouses of the Maritimes,
James W. Macnutt, Q.C. states:
One of the most significant duties of every level of Canadian government is the
maintenance of peace, order, and good government. The buildings constructed
to house the exercise of justice must reflect the role performed within them and
reflect the dignity of the Crown. Secondary only to the vice -regal residence of
the lieutenant governor and the building housing the legislature, courthouses
were accorded high status in the design, layout and landscape architecture of
the principal communities of a British colony and subsequently a Canadian
province.
The Royal Charter of the City of Saint John (1785) directed that the court house to be built
remain within the limits of the city in a location to be determined by the Mayor, Aldermen and
Commonalty. Until such time as the court house could be built, the charter directed that a
house located on Germain Street and occupied by the Supreme Court of Judicature be the
court house for the City of Saint John and the County of the City and County of Saint John.
The Saint John County Court House was finally built between 1824 and 1829. In 1824, the
total population of Saint John and neighbouring Portland consisted of only 10,301 persons.
One can only imagine the grandeur of this structure and the significance it held forthe citizens
of Saint John at that date, for the most part, a small group of Loyalists, expelled over 40 years
before from the American colonies.
That significance is exhibited by the fact that, pursuant to an Act of the General Assembly of
New Brunswick enacted in 1826 entitled "An Act to Authorize the Justices of the General
Sessions of the Peace for the City, and County of, Saint John to make an assessment for
building a Court House within the City of Saint John ", the Mayor, Aldermen and Commonalty
appointed and appropriated as the site for a new court building, a lot of land on the eastern
side of Kings Square, bounded on the west by the Square and on the north by King Street
(now known as King Street East).
This site and the building erected thereon became the subject of a Declaration of Trust by the
Mayor, Aldermen and Commonalty to the Justices of the Peace for the City and County of Saint
John dated January 5, 1826.
After several introductory paragraphs, this Declaration of Trust states:
NOW THEREFORE KNOW YE that the said Mayor, Aldermen and Commonalty of
the City of Saint John HAVE acknowledged declared and agreed and by the
196
Presents DO acknowledge declare and agree that they the said Mayor,
Aldermen and Commonalty and their successors for ever shall and will stand
seised and possessed of and interested in the said Court House and building
so to be erected as aforesaid to and for the uses trusts intents and purposes
expressed and declared in the aforerecited resolution of the Sessions viz, The
Sittings of all Courts of Justice and necessary offices thereunto appertaining,
the accommodation of the said Common Council of the said City and for public
City and County offices. AND further that the said Mayor Aldermen and
Commonalty and their successors shall not nor will at any time or times
hereafter use appropriate or apply or cause or knowingly permit or suffer to be
used appropriated or applied the said Court House or building or any part or
parts thereof to any use or purpose whatsoever other than those above
mentioned without the approbation or consent of the said Justices of the Peace
for the City and County of Saint John in General Sessions convened.
We enclose a copy of the original Declaration of Trust and a typed copy of same to this
submission.
The trust itself was judicially acknowledged in a decision of the Supreme Court of New
Brunswick Black v. The Municipality of the City and County of Saint John (1883) 23 N.B.R.
249. The lawsuit involved an individual who had tripped and fallen down the winding stairs
and was injured when leavingthe Courtroom on the second floorand proceedingtothe ground
floor entrance onto Sydney Street. Mr. Justice Weldon specifically quotes from the
Declaration of Trust and refers to the document as a deed poll, a declaration of trust and a
declaration by deed.
In 1877, the duties and responsibilities of the Justices of the Peace in Sessions were
transferred to municipal councils, including the municipal council for the Municipality of the
City and County of Saint John. By Section 98 of "An Act relating to Municipalities ", being
Chapter 99 of the Acts of 1877, all powers vested in the Sessions were to be exercised by the
newly- formed County Council. Municipal offices occupied the Court House building and
meetings of the municipal council were held there until municipal (county) councils were
abolished on January 1, 1967 when the Municipalities Act, Stats, of N.B. 1966, c. 20, came
into force, one of the provisions of which was the repeal of the Counties Act (which Act had
replaced the former Municipalities Act in 1950).
Sections 192 and 193 of the Municipalities Act enacted in 1966 stated that all property of
whatever kind and wherever situated owned by municipalities under the Counties Act vested
in the Crown in right of the Province represented by the Minister of Municipal Affairs as well
as all debts and liabilities of municipalities. Under section 194, every county council was
required to deliver to the Minister of Municipal Affairs all its records and documents and
ceased to function. There does not appear to be any specific provision of the legislation
whereby one could say that the consent of the Justices of the Peace in General Sessions to a
change in use of the Court House pursuant to the 1826 Declaration of Trust could henceforth
be exercised by the Minister of Municipal Affairs.
197
Upon an examination of the indexes of the Saint John County Registry Office, we could locate
no transfer of the Saint John County Court House site from the City of Saint John to any other
party, however, by indenture dated November 28, 1966, the Municipality of the County of
Saint John conveyed to the City of Saint John "all lands or properties owned or possessed or
vested in the Municipality of the County of Saint John or to which it may have any right."
Included among the properties were the Saint John County Court House Building, the Registry
Office and the County Goal. In 1978, these three buildings were leased to the Province for a
term of 5 years, renewable for another 5 -year term.
There are two subsequent deeds of the lands occupied by these three buildings from the City
of Saint John to the Province, although we would question their validity insofar as the
documents dealt with the Court House property.
By agreement dated March 31, 1981, the Province granted a right of first refusal to the City
of Saint John in the event, inter alia, of the receipt by the Province of a bona fide offer to
purchase the property which the Province was willing to accept. This agreement had also
envisioned possible construction on the property by the Province, ie. substantial additions
appended to the Saint John County Court House on King Street East by the Hatfield
government. The project was approved but later cancelled when the McKenna government
was elected in 1987.
On October 23, 2014, the Province filed a Subdivision Plan of the Court House Property in the
Saint John County Registry Office, perhaps with a view to placing the property on the market.
Notwithstanding later conveyances of title to the Province of New Brunswick, there appears
to be no reference to, nor recognition of, the responsibilities of the Common Council of the
City of Saint John under the Declaration of Trust nor document removing its effect on title to
the property.
At its meeting held on February 8, 2016, and following discussion in closed session
immediately prior to the meeting, Common Council briefly considered, and then rejected, an
offer made by the Province to the City to transfer title to the Saint John County Court House to
the City for the nominal sum of $1.00. Only one Council member, Susan Fullerton, was in
favour of the purchase.
An official with the Department of Transportation and Infrastructure has stated publicly that
"as the municipality was not interested, the building and property may now be offered for sale
by public tender at market value ".
The decision of Common Council was surprising since the Saint John County Court House is
an essential element of the historical character of Saint John promoted on the City's website
as part of the Historic Saint John Walking Tours, and was recognized as a National Historic
Site of Canada by the federal government on May 18, 1974.
One would hope that the citizens of Saint John today would not find themselves in the same
position as their indigenous citizens in having to actively assert rights granted to them by our
um
ancestors to which a previous Council had agreed some 190 years ago in protecting the Saint
John County Court House.
This is not to suggest the Court House must be maintained in its previous character as the
principal Court in Saint John and is not to suggest that the Court House itself must be
continued as a Court building.
The late Dr. George MacBeath, at that time Curator of the New Brunswick Museum, described
the Court House to a gathering in the building:
One of Saint John's oldest and most historic buildings is its County Courthouse. Built
in the neo- classic mode felt appropriate for large public structures, it is noteworthy
for its symmetry, good proportions and refined detail. Particularly appealing is its
sturdy simplicity.
This old stone building in which you are now standing, traces its beginning to 1824
when John Cunningham - a skilled designer and builder - submitted a plan for its
construction on land reserved for this purpose on the original city plan of 1784.
Actual building did not begin until 1827 and was completed two years later under
Cunningham's direction. Total cost was £8,528, or approximately $43,000.
Possibly the most striking feature of the newly - completed Court House was the very
spiral staircase you now see, an engineering marvel that has intrigued the viewer
down through the years. The stairway gracefully rises through two stories of the
building and is unsupported except for its interlocking stones. Each of the forty -nine
steps is fashioned from a solid block of stone cut and fitted in such a way that no
central pillar is needed. It is said that one hundred tons of stone was quarried in
Scotland and brought to Saint John in a sailing ship of the day especially for this
purpose. The actual work of fitting the stones to form the unusual stairway was
probably done by Robert Barbour, a skilled stonecutter in Saint John of the late
1820's.
Although the building was not damaged by the Great Fire of 1877, it was devastated by a fire
on February 12, 1919, leaving only the walls and the spiral staircase standing. Initially,
tenders were called for the demolition of the damaged building. However, pressure from local
citizen groups, including the Board of Trade and the New Brunswick Historical Society, saved
the structure from demolition. Rebuilding the Court House took several years and was not
completed until 1925.
The Saint John County Court House remains an essential part of the history and character of
Canada's oldest incorporated City and the Province of New Brunswick.
It also adjoins another local historic site the No. 2 Engine House at 24 Sydney Street which
was constructed in 1841-42 to a design also attributed to John Cunningham, the architect for
the Saint John County Court House. it was used by the Saint John Fire Department for more
than a century. That building itself is a local landmark and also has provincial architectural
significance.
199
Without disparaging the No. 2 Engine House, the Court House is far more important as a
heritage building given its size and historical importance to our community.
In his book, Mr. Macnutt refers to the Saint John County Court House as an outstanding
example of late Georgian neoclassical architecture. He describes it as thoroughly British in
its exterior architectural design. This is consistent since it was constructed during the reign
of King George IV (1820- 1830). The fact that it is located on Kings Square is again consistent
with the British and monarchial origins of the city.
The building served during the 19th and first half of the 20th century as Council Chambers for
the Municipalities of Lancaster, Saint John and the Parish of Simonds.
The Courtroom has been the site where most of the prominent Judges in New Brunswick's
history presided as well as New Brunswick's esteemed trial lawyers appeared for over 180
years.
Other creative uses can obviously be found fora historical building of this significance in a city
with the cultural and innovative abilities of its citizens.
It is not the purpose of this article to debate the question whether Common Council is legally
required to observe the terms of a trust created in 1826 that appears to be a charitable
purpose trust not bound by perpetuity rules. We, nevertheless, are of the opinion that the
City of Saint John, its Mayor and Councillors, are successor trustees to their forefathers who
with future generations in mind, clearly established a trust that was to last for generations to
come, A trustee cannot dispose of, or vary the conditions relating to, trust property except as
provided in the instrument creating the trust
It has been our objective to set forth some salient facts which should have been taken into
consideration by Common Council in reaching its decision.
We respectfully suggest that Common Council re- consider its decision and undertake further
discussions with the Province in light of the existence of the trust and the City's role as settlor
thereunder and the necessity to determine who, in 2016, would fulfill the duty of granting
"approbation or consent" for uses or purposes not set forth in the trust, such duty being
originally held by the Justices of the Peace for the City and County of Saint John under the
Declaration of Trust of 1826.
Dated at Saint John, New Brunswick, this 17th day of February, 2016.
Franklin 0. Leger, Q.C.
O
John P. Barry, Q.C.
Appendix A
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202
The Mayor, Aldermen and Commonalty
of the City of Saint John
to
The Justices of the Peace for the City and County of Saint John
Declaration of Trust of Court House
TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY IN
ANYWISE CONCERN - The Mayor, Aldermen and Commonalty of the City of Saint
John DO SEND GREETING:
WHEREAS by an Act of the General Assembly of the Province of New
Brunswick made and passed in the fifth year of His present Majesty's Reign entitled "An
Act to authorize the Justices of the General Sessions of the Peace for the City and County
of Saint John to make an assessment for building a Court House within the City of Saint
John" after reciting that the building at present used as a Court House in the said City was
much out of repair and did not afford sufficient accomodation for the Courts of Judicature
and that it was expedient a suitable building should be erected, the said Justices of the
Peace for the City and County of Saint John were authorized and empowered to erect a
Court House and make such contracts as they might think fit for building and furnishing
the same
AND WHEREAS it being expressly ordained and directed in and by the Charter
of the City of Saint John that the Court House and Gaol or Gaols of and for the said City
and County of Saint John shall be and forever shall remain continue and be within the
limits of the said City of Saint John and in such part and parts of the said City as the
Mayor, Aldermen and Commonalty of the said City shall think fit and proper; The
Committee of Justices appointed at the General Sessions of the Peace holden in March in
the Year One thousand eight hundred and twenty -four did make application to the said
Mayor, Aldermen and Commonalty to appoint a site for such building:
AND WHEREAS the said Mayor, Aldermen and Commonalty with the
approbation and concurrence of the said Committee did appoint and appropriate as and
for the site of such building the lot of land lying on the eastern side of Kings Square in
front of the common Gaol of the said City and County and bounded on the West by the
said Square on the north by the line of King Street as altered and laid out by the Act of
the Common Council dated the eighteenth day of May one thousand eight hundred and
203
-2-
twenty -four and on the south by the Lots numbers Four hundred and eighty -nine and Four
hundred and ninety:
AND WHEREAS it has been agreed between the said Justices of the General
Sessions of the Peace and the said Mayor, Aldermen and Commonalty that the said
building should contain accomodations for the Common Council and public City and
County Offices and a Plan of a Building of suitable dimensions and proportions has also
been agreed on: And the said Mayor, Aldermen and Commonalty have granted out of
their funds the Sum of One Thousand Pounds to be paid and apportioned by certain
Instalments towards the erection and completing thereof:
AND WHEREAS at the Court of General Quarter Sessions of the Peace holden
on the sixth day of December instant a resolution was made and passed as follows to wit:
"WHEREAS the site on which the new Court House is to be erected belongs to the
Mayor, Aldermen and Commonalty of the City of Saint John who have an Order of the
Common Council assigned and appropriated that purpose: And whereas it appears
expedient to this Court that there should be no chance of the same being hereafter applied
to any other purposes. Thereupon resolved that the said Corporation be requested by a
Deed or Declaration under their Common Seal to declare that the said Building shall be
held by them in trust for these purposes, viz, The Sittings of all Courts of Justice, and
necessary offices thereunto appertaining, the accomodation of the said Common Council
and for public City and County Officer and no other."
AND WHEREAS application has accordingly been made to the said Mayor,
AIdermen and Commonalty to comply with the purport of such resolution to which they
have willingly assented.
NOW THEREFORE KNOW YE that the said Mayor, Aldermen and
Commonalty of the City of Saint John HAVE acknowledged declared and agreed and by
these Presents DO acknowledge declare and agree that they the said Mayor, Aldermen
and Commonalty and their successors for ever shall and will stand seised and possessed
of and interested in the said Court House and building so to be erected as aforesaid to and
for the uses trusts intents and purposes expressed and declared in the aforerecited
resolution of the Sessions viz, The Sittings of all Courts of Justice and necessary offices
thereunto appertaining, the accomodation of the said Common Council of the said City
and for public City and County offices. AND further that they said Mayor Aldermen and
Commonalty and their successors shall not nor will at any time or times hereafter use
appropriate or apply or cause or knowingly permit or suffer to be used appropriated or
applied the said Court House or building or any part or parts thereof to any use or
purpose whatsoever other than those above mentioned without the approbation or consent
of the said Justices of the Peace for the City and County of Saint John in General
Sessions convened.
204
-3-
IN 'WITNESS whereof the said Mayor, Aldermen and Commonalty have hereunto
affixed their Common Seal at the said City on the fifth day of January In the Year of Our
Lord one thousand eight hundred and twenty -six.
By order of the
Common Council
sgd. C.T. Peters sgd. John Robinson
Mayor
205
Meeting Date February 22, 2016
Deputy Mayor Rinehart and Councillors,
Subject: Tentative Collective Agreement with CUPE Local 486
The Committee of the Whole adopted the following resolution:
" RESOLVED That as recommended by the Committee of the Whole, having met on February 22, 2016,
Common Council:
1. Ratify the tentative agreement between the City of Saint John and CUPE Local 486; and, that
2. After a final review by the City Solicitor as to legality and form, authorize the Mayor and Common Clerk
to execute the Working Agreement on behalf of the City of Saint John."
Sincerely,
Mel Norton
Mayor
�r
VU
SAINT JOHN
Fz�
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
M
APPENDIX "A"
2015 -2021 COLLECTIVE AGREEMENT
BETWEEN
THE CITY OF SAINT JOHN
(hereinafter referred to as the "Employer ")
THE CANADIAN UNION OF PUBLIC EMPLOYEES,
SAINT JOHN CITY HALL EMPLOYEES'
LOCAL 486
(hereinafter referred to as the "Union ")
OA
LOCAL 486 CONTRACT
TABLE OF CONTENTS
ARTICLE TOPIC
1
INTENT AND PURPOSE OF AGREEMENT
1.02
Goal
2
RECOGNITION
2.01
Sole & Exclusive Bargaining Agent
2.02
Placement of New Positions
2.03
Work of the Bargaining Unit
3
MANAGEMENT RIGHTS
4
UNION RESPONSIBILITY
4.01
No "Strikes"
4.02
Picket Lines
4.03
Union Cooperation
5
EMPLOYER RESPONSIBILITY
5.01
No "Lockouts"
5.02
No Discrimination
5.03
Job Security
5.03 (a)
Contracting Out
5.03 (b)
Reduction of Work Force
5.03 (c)
Layoff /Recall
6
UNION CHECK -OFF, REMITTANCES,
RAND FORMULA, ETC.
6.01
Monthly Deductions & Rand Formula
6.02
Insufficient Earnings
6.03
Acquainting New Employees
7
RESOLUTIONS AND REPORTS OF BOARDS
7.01
Employer Shall Notify Union
7.02
Copies of Resolutions
8
MUTUAL INTEREST COMMITTEE
it
PAGE
2
2
3
3
3
4
4
4
4
4
5
5
5
5
5
5
5
6
ARTICLE
TOPIC
PAGE
8.01
Composition of Committee & Purpose
9
9
REPRESENTATION BY UNION
9
9.01
Proper Authorization
9
9.02
Negotiating Committee
10
9.03
Assistance of Other Representatives
10
10
SENIORITY
10
10.01
Seniority Defined
10
10.02
Seniority List
10
11
VACANCIES, NEW POSITIONS, PROMOTIONS,
&TEMPORARY ASSIGNMENTS
11
11.01
Job Postings
11
11.02
Method of Making Appointments to a Permanent Position
11
11.03
Probation Period — New Employees
12
11.04
Method of Making Appointments to Temporary Assignments 13
11.05
Casual Employees
14
11.06
Students
14
11.07
Performance Appraisals
14
12
GRIEVANCE PROCEDURE
15
12.01
Grievance Committee
15
12.02
Notification to Employer
15
12.03
Grievance Procedure Steps
15
12.04
Grievance Initiated at City Manager's Level
16
12.05
Replies to Grievances
16
12.06
Effective Date of Award
16
12.07
Grievance Resolution Process - Mediation
17
13
ARBITRATION
18
13.01
Time Limits and Arbitrator
18
13.02
Arbitration Hearing
19
13.03
Expense and Remuneration
19
13.04
Duty of the Board of Arbitration
19
13.05
Decision Binding on Parties
19
D.,
ARTICLE
TOPIC
PAGE
13.06
No Grievance Shall be Deemed Invalid
20
14
SUSPENSION OR DISCHARGE
20
14.01
Disciplinary Procedures
20
14.02
Procedure & Notification to Parties
20
14.03
Unjust Treatment & Reinstatement
20
15
HOURS OF WORK AND OVERTIME
21
15.01
Hours of Work
21
15.02
Overtime
23
15.03
On -Call Pay
24
15.04
Call -in Lists for Overtime
25
16
JOB CLASSIFICATION AND TRANSFERS
25
16.01
Classification Schedule
25
16.02
Classification of New and Existing Positions
25
16.03
Job Transfers
26
16.04
Displaced Employees
26
17
SALARIES, INCREMENTS AND PREMIUMS
26
17.01
Salaries
26
17.02
Incremental Increases
27
17.03
Promotional and Acting Pay
27
17.04
Shift Differential
27
18
STATUTORY, DESIGNATED AND PROCLAIMED HOLIDAYS28
18.01
Paid Holidays
28
18.02
Rates of Pay for Above Holidays
28
18.03
Holidays for Shift Employees
28
18.04
Holiday on a Scheduled Day Off
28
18.05
Employees Required to Work on a Statutory
Proclaimed or Designated Holiday
29
19
VACATIONS
29
19.01
Vacation Entitlement
29
19.02
Holidays During Vacations
30
20
LONG - SERVICE PAY AND RETIREMENT PAY
30
moil]
ARTICLE
TOPIC
PAGE
20.01
Long - Service Pay
30
20.02
Retirement Pay
31
21
EMPLOYEE BENEFITS
32
21.01
Group Life Insurance
32
21.02
Medical, Health and Dental Plans
32
21.03
Long Term Disability (LTD)
34
21.04
Sick Leave Defined
34
21.05
Sick Leave Plan Accumulation
34
21.06(a)
Deduction from Sick Leave
35
21.06(b)
Family Care Leave
35
21.07
Proof of Illness
35
21.08
Sick Leave During Leave of Absence and Layoff
35
21.09
Sick Leave and Vacation Leave
36
21.10
Sick Leave Bank
36
21.11
Return to Work Committee
36
21.12
Sick Leave Bank Allotments
37
21.13
Sick Leave Records
37
21.14
Military Leave
37
21.15
Sick Leave and Military Leave Schedule
38
21.16
Sick Leave Plan Accumulation — Casual Employees
38
22
TECHNOLOGICAL CHANGE
38
22.01
Improved Skills
38
22.02
Extensive Training Needed
38
22.03(a)
Technological Change Defined
39
22.03(b)
Advance Notice
39
22.03(c)
Contents of Notice
39
22.03(d)
Consultation
39
23
LEAVES OF ABSENCE
40
23.01
Bereavement Leave
40
23.02
Emergency Leave
41
23.03
General Leave
41
22111
ARTICLE
TOPIC
PAGE
23.04
Special Leave
41
23.05
Union Business
42
23.06
Union Conventions and /or Seminars
42
23.07
Reimbursing Employer for Pay & Benefits
42
23.08(a)
Maternity Leave
43
23.08(b)
Parental Leave
44
23.08(c)
Vacation Benefit During Maternity Leave
44
23.09
Jury/Court Duty
44
23.10
Christmas Leave
45
24
SAFETY
45
24.01
Safety Measures
45
24.01(a)
Equipment Supplied and Safety Footwear Allowance
45
24.01(b)
Enforcement
46
24.02
Injury on Duty
46
24.02(a)
Notification
46
24.02(b)
Remuneration
46
24.03
Civic Employees' Safety Committee
47
24.04
Safety
47
25
GENERAL CONDITIONS
47
25.01
Bulletin Boards
47
25.02
Instructional Courses
47
25.03
Copies of Agreement
47
25.04
Correspondence
48
25.05
Definition of Word Designate(s)
48
25.06
Benefit to Employer
48
25.07
Definition of Day(s)
48
25.08
Plural & Gender
48
25.09
Access to Personnel File
49
25.10
Sick Leave Plan Registration
49
26
TERM OF AGREEMENT
49
ARTICLE
26.01
26.02
27
SCHEDULE "A"
SCHEDULE "B"
SCHEDULE "C"
ADDENDUM1
TOPIC PAGE
Notification to Bargain 49
Changes in Collective Agreement 49
SIGNATORIES 50
POSITION CLASSIFICATIONS BY SALARY GROUP
SALARIES
ADMINISTRATIVE / SUPERVISORY / PROFESSIONAL
STAFF (NON- UNION)
MOBILITY OF EMPLOYEES
MEMORANDUM OF AGREEMENT No. 1
MEMORANDUM OF AGREEMENT No. 2
TERMS AND CONDITIONS
JOB SHARING PROGRAM
OFFICIAL LANGUAGES
99
THIS AGREEMENT made and entered into this day of February, 2016.
BY AND BETWEEN:
THE CITY OF SAINT JOHN, a body corporate in the County of Saint John, in the
Province of New Brunswick, hereinafter referred to as the "Employer ", of the first part,
IJ_\Z"
THE CANADIAN UNION OF PUBLIC EMPLOYEES, SAINT JOHN CITY HALL
EMPLOYEES' LOCAL 486, hereinafter referred to as the "Union ", of the second part.
WHEREAS the parties hereto had entered into a 2012 -2014 Working Agreement
(hereinafter the "2012 -2014 Working Agreement ") dated the 29th day of October,
2012, which expired on the 31St day of December, 2014; and
WHEREAS further discussions have occurred between the Employer and the Union, the
results of which are reflected herein;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto, for and
in consideration of these presents and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, agree each with the other as follows:
TM 1
ARTICLE 1 INTENT AND PURPOSE OF AGREEMENT
1.01 The parties to this Collective Agreement are committed to working together
to create a responsive, enthusiastic and respectful work environment - one
dedicated to providing quality, cost - effective service; achieving high
standards of personal and group performance; and resolving issues
constructively and for the common good. To that end, the parties are
committed to the principles of interest -based negotiation (IBN) as the
foundation for building and maintaining effective workplace relations.
It is the intent and purpose of the parties to this Collective Agreement to
maintain harmonious and settled conditions of employment and the
continuous and effective operation of all Departments concerned; to strive to
improve the quality and efficiency of service supplied to the public; to
promote the well- being, morale, safety, security, and productivity, of all
employees within the bargaining unit - the parties hereto set forth the
following terms and conditions relating to employment, remuneration,
settlement of disputes and differences, hours of work, employee benefits
and related matters affecting employees covered by this Collective
Agreement.
The Employer and Union hereby recognize and acknowledge that
anticipated changes to the way in which the Employer delivers water and
sewerage services is expected to result in the creation, during the
extended lifespan of the Collective Agreement, of a new department of the
Employer responsible for the management and operation of the
Employer's water and sewerage utility. Accordingly, the Employer and
Union hereby agree to negotiate explicit terms and conditions respecting
the working conditions and associated matters respecting those
employees who will be affected by the creation of the aforesaid
department in a manner that will promote its continuous, effective and
efficient operation.
1.02 Goal
The goal is to establish the City of Saint John as a service based, results -
oriented and high performance public service organization.
Tffi 2
ARTICLE 2 RECOGNITION
2.01 Sole & Exclusive Bargaining Agent
The Employer, or anyone authorized to act on its behalf, recognizes the
Canadian Union of Public Employees, Local 486, as the sole bargaining agent
for all employees of the employer engaged in clerical and technical work as
outlined in the classification listing Schedule "A" attached hereto.
The positions listed in Schedule "C" are management positions and are
excluded from the Union bargaining unit.
This Recognition article shall be subject to any certification order issued by
the New Brunswick Industrial Relations Board, to C.U.P.E. Local 486
during the term of this Collective Agreement and affecting this Agreement.
The Employer hereby consents and agrees to negotiate with the Union or
any authorized committee thereof, in any and all matters affecting the
relationship between the parties to this Collective Agreement.
2.02 Placement of New Positions
Clerical or technical positions created during the term of the Collective
Agreement shall be mutually agreed between the parties as to whether the
position created is within the bargaining unit or not.
Where no agreement is reached, the Employer shall confirm such in writing
to the Union and the Union will have ten (10) working days to refer the
matter to the Industrial Relations Board. The Employer will not staff the said
position until a ruling is received from the Industrial Relations Board or the
parties agree. Failure to comply with the time limit will result in the position
being designated as determined by the Employer.
Where it is determined to be a bargaining unit position by the parties or by
the Industrial Relations Board, the parties shall negotiate the rate of pay
and grouping of such position in accordance with Article 16.
Z!W 3
2.03 Work of the Bargaining Unit
Persons whose regular jobs are not in the bargaining unit shall not work on
any jobs which are included in the bargaining unit, except for purposes of
instruction, experimenting or in emergencies.
ARTICLE 3 MANAGEMENT RIGHTS
3.01 The Union recognizes and agrees it is the right of the Employer to operate
and manage its business and direct its working forces in accordance with its
business commitments and responsibilities, to hire, discharge, classify,
transfer, promote, demote, discipline, suspend, or lay off employees, and to
establish and enforce reasonable rules and regulations governing the
conduct of its employees. The Employer agrees that these rights shall not be
exercised in a discriminatory manner nor in a manner which is inconsistent
with the expressed provisions of this Collective Agreement, nor that
established by custom.
ARTICLE 4 UNION RESPONSIBILITY
4.01 No "Strikes"
The Union agrees that there shall be no strikes nor ordered stoppage of work
by the Union during the term of this Collective Agreement.
4.02 Picket Lines
In the event that any other employees of the Employer engage in a legal
strike or where employees in an industrial dispute engage in a strike and
maintain picket lines, the employees covered by this Collective Agreement
shall have the right to refuse to cross such picket lines.
Failure to cross such a picket line by any member(s) of this Union shall not
be considered a violation of this Collective Agreement, nor shall it be
grounds for disciplinary action. However, this clause shall not apply in cases
of fire, flood nor hazard to life or property.
Z!V 4
4.03 Union Cooperation
The Union agrees to cooperate with the Employer in securing punctual and
regular attendance at work, and to do all in its power to eliminate tardiness or
absenteeism for other than necessary reasons by employees who are
members of the Union.
ARTICLE 5 EMPLOYER RESPONSIBILITY
5.01 No "Lockouts"
The Employer agrees there shall be no "lockout" of employees during the
term of this Collective Agreement.
5.02 No Discrimination
It is agreed that there shall be no discrimination or coercion exercised or
practiced with respect to any employee by reason of any ground prohibited
by the Human Rights Act.
5.03 Job Security
5.03(a) Contracting Out
Permanent employees shall not be laid off nor suffer a reduction in working
hours as a result of the Employer contracting out its services.
5.03(b) Reduction of Work Force
Permanent employees with a continuous service date prior to August 9,
1985, shall not be laid off.
M 5
5.03(c) Layoff /Recall
5.03 c i Layoff Notice
The Employer shall give the Union a minimum of thirty (30) days' notice of
the intention to layoff. If an employee is to be laid off, the Employer shall
notify the Union and the employee within twenty (20) working days prior to
the date of layoff. The Employer, the Union and the employee shall meet to
discuss the layoff.
5.03 c ii Layoff
Step 1
In the event of a layoff, employees shall be laid off in reverse order of their
seniority within the same position classification and salary grouping. The
Employer may have to make internal transfers once the last person is laid
off.
Step 2
Employees affected in Step 1 have the choice of:
a. severance pay;
b. one (1) year on the recall list; or
bumping the least senior employee in any of the same position
classification at a lower level provided he /she is more senior and
qualified.
Step 3
Continue with this process until no more bum
J VI
are possible.
5.03 c iii Recall from layoff
For a period of up to one (1) year, individuals on layoff may apply for
internal postings. Article 11 will still apply. If an employee is not recalled
from layoff within one (1) year, they shall be entitled to severance pay.
5.03 c iv Severance pay
An employee who has one (1) or more years of seniority and who is laid off
under this Article may elect either to receive severance pay or to have
his /her name placed on a recall list for a period of up to one (1) year. The
employee may elect to receive severance pay at any time during the first
year following notification of layoff.
Severance pay will be calculated based on two (2) weeks of regular paw
each completed year of continuous service prorated to a maximum of fifty -
two (52) weeks. An employee who accepts severance pay under this
Article shall have no further rights to recall of employment.
5.03 c v Seniority while on layoff
Seniority will be maintained, but not accumulated, while on layoff. An
employee who is recalled from layoff shall be considered as having been
on leave without pay.
ARTICLE 6 UNION CHECK -OFF, REMITTANCES, RAND FORMULA, ETC.
6.01 Monthly Deductions & Rand Formula
The Employer shall deduct from every employee covered by this Collective
Agreement who is on the active payroll, monthly dues and /or assessments
determined and levied in accordance with the Union's Constitution, By -Laws
and Amendments thereto, copies of which shall be supplied to the
Employer. In accordance with the Rand Formula and as a condition of
continued employment, the Employer shall remit to the Union Treasurer all
monies deducted for each employee covered by this Collective Agreement,
irrespective of whether the employee is a Union member or not. Such
membership is hereby recognized as a voluntary act on the part of the
individual concerned.
2R0
6.02 Insufficient Earnings
Should an employee not have sufficient earnings after mandatory deductions
in respect of any month to permit such deductions, the Employer shall not be
obligated to make such deductions from subsequent salary.
6.03 Acquainting New Employees
The Employer agrees to acquaint new employees with the fact a Union
Collective Agreement is in effect and with the conditions of employment set
out in this and other Articles.
ARTICLE 7 RESOLUTIONS AND REPORTS OF BOARDS
7.01 Employer Shall Notify Union
The Employer agrees that any reports or recommendations made to
Common Council dealing with salaries and working conditions which affect
employees within this bargaining unit, shall be communicated to the Union in
time to afford the Union a reasonable opportunity to consider them and, if
deemed necessary, of speaking on them when they are dealt with by the
Employer.
7.02 Copies of Resolutions
Copies of resolutions and by -laws or rules and regulations adopted by
Common Council which affect employees represented by this Union are to
be forwarded to the Union.
2211 8
ARTICLE 8 MUTUAL INTEREST COMMITTEE
8.01 Composition of Committee & Purpose
For the efficiency of service, it is agreed by the parties that a Mutual
Interest Committee be established, consisting up to six (6) representatives
each from the Union and the Employer. The Committee, a forum for
consultation during the life of this Collective Agreement, shall promote on-
going dialogue on matters of concern and mutual interest, and function in
accordance with the terms of reference established jointly by the parties.
The Committee shall enjoy the full support of both parties in furthering the
interests of improved service to the public and general welfare of the
Employer and employees.
ARTICLE 9 REPRESENTATION BY UNION
9.01 Proper Authorization
.4 V
With respect to matters arising out of this Collective Agreement or
incidental thereto, the following shall apply:
9.01(a) The Employer shall not bargain with nor enter into any Agreement with an
employee nor group of employees in the bargaining unit.
9.01(b) No employee nor group of employees shall undertake to represent the Union
at meetings with the Employer without the proper authorization of the Union.
In order that this may be carried out, the Union will supply the Employer with
the names of its officers. Likewise, the Employer shall supply the Union with
a list of its supervisory personnel with whom the Union may be required to
transact business.
20 9
9.02 Negotiating Committee
The Employer shall recognize a Negotiating Committee of not more than five
(5) employees selected by the Union for the purpose of negotiating with the
Employer. Matters of collective bargaining shall be handled by this
Committee.
9.03 Assistance of Other Representatives
The Union shall have the right at any time to have the assistance of
representatives of the Canadian Union of Public Employees when dealing
with the Employer.
ARTICLE 10 SENIORITY
10.01 Seniority Defined
Seniority for the purpose of this Collective Agreement shall be defined as the
length of continuous service with the Employer or with the Board of Police
Commissioners for the City of Saint John in accordance with Addendum 1
attached which shall form part of this Collective Agreement.
10.02 Seniority List
The Employer agrees to furnish a seniority list of all employees covered by
this Collective Agreement, with their Job Classifications during the first
month after signing of this Agreement. The Employer shall furnish updates
to this list including additions, deletions, and changes on a timely basis as
required.
223 10
ARTICLE 11 VACANCIES, NEW POSITIONS, PROMOTIONS, ACTING
ASSIGNMENTS AND TEMPORARY ASSIGNMENTS
11.01 Job Postings
When a vacancy occurs, a new position is created or promotions are being
considered either within the bargaining unit or outside, the Employer shall
notify the Union in writing and post notice of the position in the Employer's
offices, locker rooms, shops and on all bulletin boards.
Such notice shall contain the following information: nature of position,
required knowledge, education, ability, skills and salary group.
Time limits for job posting shall be as follows:
11.01(a) All vacancies shall be posted within twenty -five (25) working days following
the vacancy arising.
11.01(b) Closing date for all job postings shall be fifteen (15) days following the date of
posting.
11.02 Method of Making Appointments to a Permanent Position
11.02(x) Both parties recognize that job opportunity should increase in proportion to
length of service. Therefore, in filling vacant and new positions, appointment
shall be made of the applicant having the required ability and qualifications
who is senior in service. Applications will be accepted from employees
within the same position classification as detailed in Schedule "A ".
Appointments from within the bargaining unit shall be made within thirty (30)
calendar days from the closing date of job postings and salary increases
shall be effective as of date of appointment. Notification of appointment is to
be made in writing to the successful applicant.
The successful applicant shall be placed on a trial period for a period up to
six (6) months. In the event the successful applicant proves unsatisfactory
in the position during the aforementioned trial period, they shall be so
informed in writing of the reasons by their Department Head and be
returned to their former position and rate of salary for that position. Any
224 11
other employee promoted or transferred because of the rearrangement of
positions shall also be returned to their former position and rate of salary.
When Department Heads are considering promotions, a Union
representative, selected by the Union, shall be notified to attend.
1 1.02 b Where there are no internal qualified applicants, a senior applicant who is
actively obtaining the minimum education requirements shall be considered
before any external applicants.
The senior applicant must provide at the time of application:
(i) Confirmation of the program enrollment from the Registrar;
(ii) Copy of transcript; and
(iii) Confirmation from the issuing institution that required degree or
certification has been at least ninety percent 90 %) completed.
It is the expectation that the required degree or certification will be
completed within one (1) year, which may be extended by mutual
agreement.
11.02(c) An employee appointed to a permanent position shall have up to fifteen
(15) working days to revert to their former position. A written notification of
the employee's intention to revert to their former position must be received
by the Director of Human Resources or designate within the above fifteen
(15) day time limit. No consideration will be given to such a request after
this specified period. The fifteen (15) days will begin from the time the
employee actually is placed in the position.
11.03 Probation Period — New Employees
Newly hired employees for a permanent appointment to an established
position shall be considered on a probationary basis for a period of up to
six (6) months from the date of hiring. Upon mutual agreement between
parties. probationary period may be extended for a period up to an
additional six (6) months. During the probation period, employees shall be
entitled to all rights and privileges of this Collective Agreement.
205- 12
11.04 Method of Making Appointments to Temporary Assignments
a. Applications for temporary assignments will be accepted from employees
including those in the same position classification. The term of these
assignments will be included in the posting and extensions of terms must
be mutually agreed by the Union and the Employer.
b. Assianments of four (4) months or less shall be filled by the senior
qualified employee within the immediate working group or by a casual
employee should no senior qualified applicant exist. With respect to this
term only, the required education as defined in the job description shall
be waived; however, all other reauirements such as trainina or
experience shall be factors.
c. Assianments of eiaht (8) months or areater shall be posted for seven (7
days and awarded to the senior qualified applicant or to a casual employee
should no senior qualified applicant exist. The first resulting vacancy shall
be posted as a two -day expression of interest and awarded to the senior
qualified applicant or to a casual employee should no senior qualified
applicant exist. The next resulting vacancy shall be awarded to the senior
qualified applicant within the immediate working group or by a casual
employee should no senior qualified applicant exist. Any additional
vacancies shall be filled by a casual employee.
d. If during an assignment, an employee's performance is deemed
unsatisfactory, he /she will be returned to their former position. If
such action is taken in the first six (6) months of the assignment, the
next senior aualified applicant may be assianed. In all other cases.
the assignment shall be re- posted.
e. "Immediate working groups" shall be defined by the Mutual
Interest Committee. Should no agreement be reached, Article 12
shall apply.
21ffi 13
11.05 Casual Employees
11.05(a) Casual employees shall not be subject to the terms of this Collective
Agreement except for Article 6 - Union Dues, Article 21.16 Sick Leave Plan
Accumulation - Casual Employees and Schedule "B" - Salary Table.
11.05(b)
11.06
11.07
1. Casual employees may be employed in any temporary assignment for
which a permanent employee was not appointed as a result of the selection
procedures outlined in Article 11.04.
2. Should the term of a temporary assignment be extended by mutual
agreement of the Union and the Employer as per 11.04(a), the casual
employee's assignment will be automatically extended for the same period.
3. Casual employees hired in a Group 3 position shall be paid at a Group 1
level.
SturlPntc
Students must be enrolled in a full -time program and returning to school the
following school year. They shall only be employed between May 1St and
Labour Day.
Administrative Jobs shall be paid at eiahtv percent (80 %) of a Group 1 rate.
Technical Jobs shall be paid at a Group 4 rate.
Performance Appraisals
1. On January 1, 2009, the Employer, in consultation with the Union,
implemented a performance appraisal system that provides a framework
for positive and constructive communications between an employee and
their supervisor regarding the employee's job performance.
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2. The performance appraisal system will recognize the following
essential elements:
• Communication between employee and supervisor should be
two -way and ongoing;
• Employees need to know what is expected of them in their jobs;
• Employees should receive positive feedback for their
contributions and work;
• Support should be available to employees in their efforts to
develop and improve.
3. The content and the purpose of the performance appraisal shall not
affect the employee's promotional opportunities or salary.
ARTICLE 12 GRIEVANCE PROCEDURE
12.01 Grievance Committee
In order to provide an orderly procedure for the settlement of grievances, the
Employer acknowledges the right of the Union to appoint or otherwise select,
a Grievance Committee whose duties shall be to assist any employee in
preparing and presenting a grievance in accordance with the grievance
procedure.
12.02 Notification to Employer
The Union shall notify the Employer in writing of the names of each member
of the Grievance Committee.
12.03 Grievance Procedure Steps
Where a difference arises between the Employer and an employee or the
Union concerning the meaning or violation of this Collective Agreement, an
effort shall be made to settle the dispute in the following manner:
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STEP 1:
The aggrieved employee(s) shall submit the grievance to the Grievance
Committee.
STEP 2:
If the Grievance Committee considers the grievance to be justified, the
employee(s) concerned, together with a Union Representative, shall first
seek to settle the dispute with the Manager concerned within twenty -one (21)
days after the employee becomes or should have become aware of the
matter which is the cause of the grievance.
STEP 3:
Failing satisfactory settlement within seven (7) days after the dispute was
submitted under Step 2, the Chief Steward, along with the employee's
Union Representative, may meet and discuss the grievance with the City
Manager or designate.
12.04 Grievance Initiated at City Manager's Level
Where a dispute involving a question of general application, administration or
interpretation occurs, or where the Union has a grievance, steps 1 and 2 of
this Article may be bypassed. This type of grievance is to be processed by
the Executive of the Union.
12.05 Replies to Grievances
Replies to grievances shall be in writing at all stages.
12.06 Effective Date of Award
Any award made as a result of the settlement of a grievance or any
arbitration shall be made effective as of the date the inequity or the facts of
the grievance first arose.
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12.07 Grievance Resolution Process — Mediation
12.07(a) Where a grievance has not been resolved to the satisfaction of either party
to the grievance through the internal grievance resolution process, they will
notify the other party of their desire to proceed to interest -based grievance
mediation. Grievance mediation is a voluntary process which can be an
effective alternative to grievance arbitration for management and labour to
solve problems. The parties, through the assistance of a mediator, shall
attempt to resolve the grievance through negotiation, therefore, allowing
the parties to control and shape the settlement. Grievance mediation does
not interfere with the rights of the parties to the arbitration process.
12.07(b) The grievance mediation process shall be confidential, voluntary, informal
and conducted by mediators trained in the principles of interest -based
negotiation /problem - solving. The appointment of the mediator shall be
made by the designated representatives of the parties, except when
requesting the services of a mediator from the Department of Post -
Secondary Education, Training and Labour.
12.07(c) Where the parties are interested in using the mediation process, the parties
agree to the following:
12.07(c) (i) Either party may suggest to the other that a grievance filed under the
Collective Agreement be referred to mediation. The party to whom the
suggestion is made is free to accept or reject the suggestion. The parties
will use an Agreement to Mediate, to suggest grievance mediation.
12.07(c) (ii) Grievances will only be referred to mediation if both parties agree.
12.07(c) (iii) The person or persons (office or offices) with authority to refer a grievance
to mediation will be designated by the parties.
12.07(c)(iv)(a) The representatives attending mediation sessions will have the authority
to settle the grievance provided the settlement does not operate as an
amendment to the Collective Agreement.
12.07(c)(iv)(b) Representative from each party will take training in the process and
procedure of grievance mediation before they participate in the
grievance mediation process.
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12.07(c)(v)(a) When both parties agree to mediate a grievance, the Agreement to
Mediate will be completed.
12.07(c)(v)(b) The mediator will be chosen from a list of suitable individuals agreed to
by the parties on a rotating basis or will be appointed by the Department
of Post - Secondary Education, Training and Labour. A Mediator
Appointment Agreement, which outlines certain stipulations about which
the mediator and the parties need to be aware, will be entered into.
12.07(c)(vi) There shall be no loss of wages and benefits for participation in the
grievance mediation process.
12.07(c)(vii)(a) If an Agreement to Mediate is signed by both parties, the period of time
from the date it is completed by the parties until (1) one party revokes, in
writing, the reference to mediate, or (2) the mediation ends (whether
successfully or not), is to be excluded from the computation time under
the steps of the grievance mediation process.
12.07(c)(vii)(b) A mediation ends in accordance with the provisions specified in the
Mediator Appointment Agreement.
12.07(c)(viii)(a) If the mediation resolves the grievance, the Mediator will provide the
parties with a report outlining the settlement.
12.07(c)(viii)(b) If the mediation does not resolve a grievance, either party is free to
start proceedings or to continue proceedings to resolve the grievance.
12.07(c)(ix) The time limits set forth may be extended by mutual consent of the
parties.
ARTICLE 13 ARBITRATION
13.01 Time Limits of Arbitrator
If a satisfactory solution is not found by the parties concerned within a period
of seventeen (17) days from the date of the hearing with the City Manager,
either party may, by written request to the other party, require the matter to
be referred to an Arbitrator. A sole arbitrator shall be selected by the parties
from the Municipal Sector Register of Arbitrators or otherwise mutually
agreed upon. If the parties cannot mutually agree on an arbitrator within ten
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(10) days, then an arbitrator will be appointed for them by the Minister of
Post - Secondary Education, Training and Labour using the arbitrators
included on the Register.
13.02 Arbitration Hearing
A hearing shall commence within fifteen (15) days of the Arbitrator being
appointed, and shall continue in such manner that the arbitrator shall make an
award in writing not later than one (1) month after the entering upon the
reference. The decision of the Arbitrator shall be final and binding upon the
parties to this Collective Agreement. However, the Arbitrator shall not have the
power to alter, modify nor amend this Collective Agreement in any respect.
13.03 Expense and Remuneration
The expenses and remuneration of the Arbitrator and secretarial services shall
be borne in equal shares by the Employer and the Union.
13.04 Duty of the Board of Arbitration
It shall be the duty of the Arbitrator to hear all parties concerned and to
determine the matters referred to it. Upon determination of the matter, the
Arbitrator shall make such order which will provide for final settlement of the
matter and make such order that will restore the aggrieved party, the Union or
the Employer to its rightful, just and equitable position.
13.05 Decision Binding on Parties
Every party to and every party bound by the Collective Agreement and
every person on whose behalf the Agreement was entered into shall
comply with the provision for final settlement and give effect thereto.
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13.06 No Grievance Shall be Deemed Invalid
No grievance under this Collective Agreement shall be deemed invalid by
reason of any defect in form or any technical irregularity.
ARTICLE 14 SUSPENSION OR DISCHARGE
14.01 Disciplinary Procedure
Should the Employer become aware of employee conduct that would
require an investigation, the Employer will conclude that investigation within
thirty (30) working days of the date the Employer became aware of the
conduct.
The employee must attend the investigation meeting in order to respond to
the allegations of the Employer. However, if the employee is not able to
attend the investigation, the above time limit will be extended until the
employee is able to attend.
14.02 Procedure & Notification to Parties
A permanent employee may be dismissed only for just cause and only upon
the authority of the City Manager. A Department Head may suspend an
employee, but shall immediately report such action to the City Manager.
When an employee is suspended or dismissed, they shall be given the
reason(s) in the presence of their Union Representative. The employee and
the Union, through its Chief Steward, shall be advised promptly by the
Department Head, in writing, of the reason(s) for the suspension or dismissal.
14.03 Unjust Treatment & Reinstatement
Should it be found upon investigation that an employee has been unjustly
suspended or discharged, such employee shall be immediately reinstated to
their former position, without loss of seniority rating, and shall be
compensated for all time lost in an amount equal to their normal earnings
during the pay period next preceding such suspension or discharge, or by
other arrangement as to compensation which is just and equitable.
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ARTICLE 15 HOURS OF WORK AND OVERTIME
15.01 Hours of Work
15.01(a) Employees covered by this Collective Agreement will work a maximum of
one thousand eight hundred and twenty (1820) regular hours in a calendar
year. Employees will receive payment for regular hours on the basis of
thirty -five (35) hours per week, fifty -two (52) weeks per year.
15.01(b) The workweek will be Monday to Friday with hours of work being scheduled
between 7:00 am and 7:00 pm.
For all employees, the maximum hours worked on a scheduled shift is ten
and one half (10.5). Schedules will be provided and a minimum of two (2 )
weeks' notice shall be given for a change in the schedule. The minimum
notice may be less than two (2) weeks if mutually agreed between the
Manager and the employee(s) affected by the change.
15.01(c) The parties recognize the need to provide quality and timely service. An
integral part of this is the flexibility to have employees at work when they are
needed most. The workweek should allow for adaptation to address peak
work periods.
Where the efficient and effective delivery of service requires a workweek
beyond the timeframes noted in Article 15.01(b), schedules can be modified
with mutual agreement between the Union and the Employer.
In revising schedules the following conditions shall apply:
1. Employees will be eligible for two (2) consecutive days off over a
consecutive seven -day period, unless mutually agreed between the
employee and Manager.
2. Employees may be scheduled to work on Saturday or Sunday but not
both.
3. Notice of change in schedules will be provided in accordance with the
provisions of Article 15.01(b).
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15.01(d) A lunch break of a minimum of thirty (30) minutes to a maximum of sixty (60)
minutes shall be scheduled at approximately mid - shift. If an employee is
required to work through the lunch break, they shall be entitled to
compensation at the applicable overtime rate.
15.01 (e)
Permanent Part -Time Positions
The Employer and the Union may mutually agree to create Alternate Hours of
Work for permanent employees occupying a full -time position and newly
created permanent positions, subject to the following conditions:
1. Newly created permanent part -time positions will be posted and included
in that posting will be the annual number of hours worked;
2. The Employer and the employee are bound to the hours established
and cannot make changes unless mutually agreed;
3. A permanent full -time employee and the Manager may agree to
reduce the number of hours worked in the calendar year (i.e., less than
1820) for a defined period of time;
4. Scheduled hours of work may be adjusted in accordance with Article
15;
5. If mutual agreement is not obtained and the efficient and effective
delivery of service requires hours of work beyond the timeframes noted
above, then the hours of work can be modified with mutual agreement
between the Union and the Employer;
6. Employees pay will be calculated for regular hours on the basis of
their annual number of regular hours averaged over fifty -two (52) weeks
per year;
7. Overtime will be paid for all hours worked in addition to the regular
scheduled hours in accordance with Article 15;
8. Permanent part -time positions will be evaluated as full -time positions
in the job evaluation structure;
9. Incremental increases will be applied as outlined in the Collective
Agreement;
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10. Leave entitlements areas per the Collective Agreement and will be
prorated, based on regular annual hours; and,
11. Employees are entitled to Group Life Insurance and Medical, Health
and Dental benefits are as per Collective Agreement and Pension Benefits
as defined in the Saint John pension plan.
15.02 Overtime
15.02(a) Overtime shall be paid at one and one half (1'/2) times the regular rate on
the first and fourth regular day off and two (2) times the regular rate on the
second and third regular day off.
15.02(b) If detained more than thirty (30) minutes at the end of a working day,
overtime worked shall be calculated from the end of the regular work day
and shall be paid for at the rate of one and one half (1'/2) times the regular
rate of pay.
15.02(c) If called back to work after proceeding home, time worked shall be calculated
from the time of reporting to work to the termination of work, with a minimum
of three (3) hours. Overtime shall be paid at the prevailing rate of pay.
15.02(d) Overtime shall be authorized by the appropriate Manager prior to
commencement, if possible.
15.02(e) Compensatory Time
Subject to mutual agreement, overtime may be compensated as time off at
the equivalent overtime rate.
At no time shall an employee accrue more than seventy (70 ) hours of
compensatory time. Once the maximum accrual has been reached, any
further overtime shall be paid out automaticalIV.
Accrued compensatory time may be paid out by mutual agreement and at the
salary it was earned.
The Employer may require, by written notice, that all compensatory time be
taken within one (1) year of it being earned.
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15.02(f) Should an employee work the required one thousand eight hundred and
twenty (1820) regular hours and agrees to be scheduled to work additional
hours they shall be paid at time and one -half (1'/2) for these hours and the
provisions of Article 15.02(a) shall apply.
15.02 (g) Overtime Meal Allowance
1. An employee required to work overtime immediately following their
regular shift for a minimum of one (1) hour or more shall be supplied
with a meal or a meal allowance of a value established annually by the
Mutual Interest Committee. An additional meal or meal allowance shall
be provided every five (5) hours thereafter.
2. Any employee required to work overtime before their regular shift shall
be provided with a meal or meal allowance upon completion of every
five (5) hours overtime worked.
3. Any employee required to work overtime immediately prior to their
regular shift for a minimum of one (1) hour shall be supplied with a meal
or meal allowance where possible within one (1) hour of the
commencement of their regular shift.
4. An employee called in on a non - regular working day shall receive a meal
or meal allowance as above; however, this article does not apply to an
employee scheduled to work overtime on a non - regular working day,
unless they work more than seven (7) hours. Where the overtime is
scheduled on a non - regular working day, a regular unpaid meal break of
thirty (30) minutes or one (1) hour will be provided within one (1) hour of
mid - shift.
It is understood that in emergency situations that cause a direct hazard to
life or property, the meal or meal allowance will be supplied at the earliest
opportunity possible.
15.03 On -call Pay
When an employee is required to be on -call, that is, immediately available
by direct telephone /pager contact, he /she shall be paid seven (7) hours
pay at the regular rate or receive seven (7) hours compensatory time off for
each week on -call. The appropriate Manager will determine whether the
employee will receive pay or time off.
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In the event the employee is required to report to work the call in provisions
detailed in Article 15.02(c) shall apply.
In cases where the employee can resolve the matter without reporting to
work, the employee will be compensated on an hourly basis at the
prevailing rate of pay. The minimum pay shall be one (1) hour for up to two
(2) calls on unrelated incidents within any sixty (60) minute period.
15.04 Call -in Lists for Overtime
Each department, division, or section, where applicable, shall create a call -in
list for overtime based on seniority and classification. The Employer shall
call employees in order of the established list, noting where they stopped on
the list for that particular overtime call. On the next overtime occasion, the
Employer shall commence with the name below the last name called on the
previous overtime call. This procedure shall be followed on each overtime
call thereafter.
ARTICLE 16 JOB CLASSIFICATION AND TRANSFERS
16.01 Classification Schedule
For purposes of salary administration, the positions covered by this
Collective Agreement shall be assigned to one (1) of nine (9) salary groups
as detailed in Schedule "A ".
16.02 Classification of New and Existing Positions
a) New Positions
The Employer agrees to meet with the Union for the purpose of discussing
the classification of any bargaining unit position that is not included in
Schedule "A" of the Collective Agreement. The Employer shall provide a job
description for the position and it shall be administered as per the Job
Evaluation Maintenance Practice.
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If the parties are unable to agree on the grouping for the position in
question, such dispute shall be submitted to grievance and arbitration. The
applicable salary once determined shall become retroactive to the time the
new position was first filled by an employee.
b Existing Positions
Any reclassification of existing positions shall be administered as per the Job
Evaluation Maintenance Practice.
16.03 Job Transfers
The Employer shall have the right to transfer employees within the same
position classification as detailed in Schedule "A ".
Employees must occupy their current position for a period of twelve (12)
months prior to being transferred to or applying for the same position
classification as detailed in Schedule "A ".
16.04 Displaced Employees
Should an employee be displaced for any reason, the employee will be
transferred to the first available position of equivalent or lower grouping,
provided the employee is qualified for the position. The employee will not
suffer a reduction in pay. If a position is not available, the Employer will
assign duties which provide the City value and respects the integrity of the
employee.
ARTICLE 17 SALARIES, INCREMENTS AND PREMIUMS
17.01 Salaries
See attached Schedule "B" which shall form part of this Collective Agreement.
26
17.02 Incremental Increases
An employee shall be entitled to increments as follows:
(a) 1/2 after six (6) months of appointment.
(b) an additional '/2 on the first anniversary of appointment.
(c) on the second anniversary, the maximum for the position.
17.03 Promotional and Acting Pay
If a permanent employee substitutes in or is promoted to a position of
higher classification and performs the duties of a higher classification as
determined by the Department Head, they shall receive either the minimum
rate of the higher group or the rate of a one year increment in their own
group added to their normal rate of pay, whichever is greater.
Acting Pay shall only be applicable when duties of the higher classification
are performed for a minimum of two (2) consecutive hours.
Should an employee perform the duties of that higher classification for a
period of six (6) months they shall be entitled to an increment at the
applicable rate.
Once an employee has been in an acting role for more than six (6) months,
all paid leaves shall be paid at the applicable acting rate.
17.04 Shift Differential
An employee shall receive a shift differential premium of one dollar ($1.00)
for each hour on the scheduled shift if any of the regular scheduled hours
fall between 8:00 p.m. and 6:00 a.m.
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ARTICLE 18 STATUTORY, DESIGNATED AND PROCLAIMED HOLIDAYS
18.01 Paid Holidays
The Employer recognizes the following as paid Holidays:
New Year's Day
Good Friday
Easter Monday
Victoria Day
New Brunswick Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
Boxing Day
Canada Day
and any other day proclaimed by the Federal, Provincial or Municipal
Governments as a holiday.
18.02 Rates of Pay for Above Holidays
The above holidays shall be paid to all employees at their current regular
rates of pay.
18.03 Holidays for Shift Employees
For shift work employees, holidays will be deemed to commence at the start
of the night shift on the day preceding the holiday and end at the end of the
day shift on the holiday. Where applicable due to shift schedules, Easter
Sunday will be recognized as the holiday in place of Easter Monday. Easter
Monday will be considered a regular workday.
18.04 Holiday on a Scheduled Day Off
When any of the above -noted holidays falls on an employee's scheduled day
off, an employee shall, at the discretion of the appropriate Manager, receive
seven (7) hours' pay or an equivalent amount of time off in lieu.
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18.05 Employees Required to Work on a Statutory Proclaimed or Designated
Holiday
When employees are required to work on a statutory, designated or
proclaimed holiday, they shall be paid for the holiday as per Article 18.02 as
well as double time for all hours worked with a minimum of four (4) hours as
"call back" or at the discretion of the appropriate Manager be given
compensatory time off on the same hourly basis.
ARTICLE 19 VACATIONS
19.01 Vacation Entitlement
An employee who has completed one (1) year of continuous service shall be
granted seventy (70) hours vacation with pay. An employee who has
completed one (1) year of continuous service who has been paid vacation
under the Employment Standards Act shall have the seventy (70) hours of
vacation prorated.
1�41
Other vacation entitlements shall be as follows:
Upon completion of:
a)
2 years' continuous service —
105 hours
b)
7 years' continuous service —
140 hours
c)
12 years' continuous service
— 175 hours
d)
20 years' continuous service
— 210 hours
e)
25 years' continuous service
— 245 hours
A shift shall equal seven (7) hours for purposes of vacation selection.
The number of employees on vacation at any one time shall be limited to a
reasonable number at the discretion of the Manager concerned so as not to
curtail or interfere with the operating efficiency of the Department.
Each employee who has completed one (1) year of continuous service shall
be entitled to fourteen (14) hours as a floating holiday each calendar year.
All floating holidays shall be taken at a mutually agreed time, each
calendar year.
zu 29
An employee may carry over into the following vacation year up to a
maximum of two (2) weeks of vacation leave. The vacation days that are
carried over must be used that same year on mutually agreed upon dates.
Requests to carry over vacation entitlement shall be made in writing to the
employee's manager by December 1St and shall not be unreasonably
requested or denied. All employees are encouraged to schedule and take
their vacation.
Appropriate arrangements shall be agreed upon between the employees
and the Employer for carry over in excess of two (2) weeks' vacation for
employees who have been on extended leave who were unable to use their
vacation entitlement for bona fide reasons.
19.02 Holidays During Vacations
If a statutory, designated or proclaimed holiday falls or is observed during an
employee's vacation period, they shall be granted an additional day of
vacation for each such holiday in addition to their regular vacation time.
ARTICLE 20 LONG SERVICE PAY AND RETIREMENT PAY
20.01 Long Service Pay
In recognition of the principle that an employee's knowledge and experience
increase with length of continuous service, the Employer agrees to pay
service pay to permanent employees employed on or before July 7, 1992,
once a year by the following formula:
Commencement of 4th year & including 7th year =
1 % of gross annual earnings
Commencement of 8th year & including 11th year =
1.5% of gross annual earnings
Commencement of 12th year & including 15th year =
2% of gross annual earnings
Commencement of 16th year & including 19th year =
2.5% of gross annual earnings
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Commencement of 20th year & beyond =
3% of gross annual earnings
Long Service Pay shall be paid in December of each year to employees who
qualify and are on strength on November 1 St and shall not be related to the
number of days worked since the qualifying date.
On retirement or severance, an employee shall be entitled to Long Service
Pay calculated from January 1 St to the date of departure. In case of death
the service pay shall be paid to the employee's dependants or beneficiary.
Employees covered by this Collective Agreement, hired after July 7, 1992, will
not be eligible for Long Service Pay, now or in the future.
20.02 Retirement Pay
The Employer agrees to pay each permanent and established employee
upon retirement, one (1) month's pay for every five (5) years' service or
fraction thereof to a maximum of six (6) months' pay. Retirement pay shall
be paid at the same rate as paid for regular time in the employee's
permanent classification for the employee's last working period. Such
payment shall be made in lump sum upon retirement and shall not be subject
to deductions for Group Life Insurance nor City Pension. This benefit shall
not apply when an employee resigns from the service nor is dismissed for
cause.
To qualify, the employee must have a minimum of five (5) years' continuous
service with the Employer as of the date of retirement. In case of death of an
employee on the active payroll, with five (5) or more years' continuous
service, payment shall be made to the employee's dependents or beneficiary.
An employee may, after July 1, 1995, opt out of future eligibility for
retirement pay. The employee may request in writing a one - time -only
payment in lieu of retirement pay. Such payment shall be in an amount as
defined above, based on the date the request is made. To qualify, the
employee must have a minimum of five (5) years' continuous service. Upon
such payment, the employee would waive all entitlement to further
retirement pay.
Employees covered by this Collective Agreement, newly hired after (DATE
OF SIGNING), will not be eligibLe_for retirement pay, now or in the future.
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ARTICLE 21 EMPLOYEE BENEFITS
21.01 Group Life Insurance
The Employer agrees to pay seventy -five percent (75 %) of the premium for a
Group Life Insurance and Accidental Death and Dismemberment Plan for
permanent employees with the employee paying the remaining twenty -five
percent (25 %).
21.02 Medical, Health and Dental Plans
The Employer agrees to contribute seventy -five percent (75 %) and the
employee agrees to contribute twenty -five percent (25 %) of the cost of
monthly premiums for single coverage and for family coverage, as
applicable, for the present employees' health coverage. It is understood
and agreed that such benefit shall extend to permanent employees only.
Any employee who is not a participant shall not be entitled to a cash
payment in lieu of the Employer's contribution to the premium.
The Employer agrees to contribute seventy -five percent (75 %) and the
employee agrees to contribute twenty -five percent (25 %) of the cost of
monthly premiums for the present dental plan coverage for all permanent
employees. Any employee who is not a participant shall not be entitled to
a cash payment in lieu of the Employer's contribution to the premium.
The parties recognize the need to continue to work together to control the
cost of medical, health and dental plans by overseeing the plans and making
mutually agreed changes that, from time to time, are deemed appropriate.
The Employer shall provide ninety (90) days' notice in writing to the Union
of any proposed increase in employee contributions for the recovery
associated with these plans. Prior to the expiry of the notice period, the
parties agree to identify medical, health and dental plan options and to
make changes to the plans and /or carrier(s). In the event that appropriate
changes cannot be agreed upon, the Union agrees to implement necessary
changes to limit total costs to available premium revenue within sixty (60)
days of any notice of premium increase by the carrier(s), including benefit
levels, or any other agreed changes as required to limit the total cost
impact on current members of the plans. The Employer agrees to assist the
Union by implementing the administrative and /or design changes
necessary to ensure the employee and Employer contributions meet the full
cost of the program.
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In the event that appropriate changes cannot be agreed upon or are not of
sufficient nature to reduce costs to within current contribution levels, then
the Employer shall increase employee contributions as detailed in the
written notice, adjusted where applicable by the projected cost reductions
associated with any agreed upon plan changes.
For clarification and continuity, it is understood that the plan design and
benefits that exist under the terms of the Collective Agreement expiring on
December 31, 1998, shall continue subject to the above.
All employee benefit plans outlined herein shall be fully negotiable and not
changed without mutual consent.
The Union is liable for one hundred percent (100 %) of the accumulated
plan deficit up to January 1, 2008, the cost of which will be added to the
employee premium contributions.
Participation in the plan is mandatory and is a condition of employment for
all employees hired after December 31, 2007.
Effective January 1, 2009, current employees not participating in the full or a
portion of the plan will no longer be eligible to participate in the plan now or
in the future, except in the case of the death of the employee's spouse.
Annually, the Employer shall provide each permanent employee with a
detailed employee benefit statement outlining all benefits and plans in the
Collective Agreement.
In the case of absence for illness or disability, the Employer's contribution
will be paid to the Group Life Insurance Plan, Pension Plan and the Health
and Dental Plan where applicable. This Article shall only apply to those
employees who qualify under this Article.
The health and dental benefits shall continue to all retirees at the group
rates. Premiums for these benefits are to be paid fully by all retirees and
will be deducted from their pension cheque.
Zdas 33
21.03 Long Term Disability (LTD)
The Employer agrees to pay seventy -five percent (75 %) and the employee
agrees to pay twenty -five percent (25 %) of the insured LTD plan premiums.
If rates increase, the increase will be the responsibility of the Employer.
Once an employee has reached ninety (90 ) days sick leave, they must apply
for LTD benefits. If employee is eligible and approved for LTD benefits, they
must receive such benefit. Personal sick leave accruals do not have to be
exhausted first.
For more information on the LTD process, contact the Human Resources
Department.
21.04 Sick Leave Defined
Sick Leave means the period of time an employee is absent from work by
virtue of being sick or disabled, or under examination or treatment of a
physician, chiropractor, or dentist or because of an accident for which
compensation is not payable under the Workers' Compensation Act.
21.04(a) Every employee shall be entitled up to 10.5 hours per year, not to be
deducted from sick leave, for routine examinations by physicians,
chiropractors, dentists, or routine visits.
21-04(b) Appointments as a result of a previous catastrophic illness, as determined bV
the Return to Work Committee, shall not be deducted from sick leave, nor
from the entitlement in Article 21.04(a).
21.05 Sick Leave Plan Accumulation
Every employee shall accumulate sick leave at the rate of 10.5 hours per
month worked up to an accumulated total of one thousand four hundred
(1400) hours.
297 34
21.06(a) Deduction from Sick Leave
A deduction shall be made from accumulated sick leave of all normal
working hours exclusive of holidays absent for sick leave. Sick leave shall
be paid at the employee's rate of pay in effect on the first day of sickness.
21.06(b) Family Care Leave
An employee may utilize up to thirty five (35) hours of accumulated sick leave
per year for family care leave. Such time can be taken without loss of pay, to
provide care during a family illness or to attend medical appointments with the
following family member: parent, spouse, child, mother -in -law, father -in -law
and grandparent. Employees may be required to certify the absence.
At the discretion of the Manager, family care leave may be granted for other
family members.
21.07 Proof of Illness
An employee may be required to certify an illness or may be required to
produce a certificate from a medical practitioner for any illness in excess of
two (2) working shifts, certifying that they are unable to carry out their duties
due to illness or due to exposure to a contagious disease.
Employees with more than four (4) one or two shifts uncertified sick leaves in
any calendar year may be required to produce a medical certificate from a
doctor for all future absences on sick leave which occur within a calendar
year. Any costs incurred in providing the medical certificate will be paid
by the Employer.
21.08 Sick Leave During Leave of Absence and Layoff
When an employee is laid off on account of lack of work or is granted an
approved leave of absence, the employee shall not receive sick leave
credits for the period of such absence but shall retain their cumulative
credit, if any, existing at the time of such layoff or leave of absence. These
credits, if any, may only be used by the employee after they return to active
duty. In the event the layoff period is longer than six (6) months, the credits
do not apply.
35
21.09 Sick Leave and Vacation Leave
If an employee is on sick leave, he /she shall not be entitled to any vacation
benefits in the second or succeeding year of illness. If such employee
returns to active service, vacation benefits in that year shall be prorated
from the date of return to active service.
21.10 Sick Leave Bank
Sick Leave credits shall be accumulated in a Sick Leave Bank for the benefit
of employees covered by this Collective Agreement. The sick leave credits
will be replenished by members of Local 486 as determined by the Union.
A four (4) member Sick Leave Bank Committee shall be established to
administer the allotment of sick leave credits from the Sick Leave Bank.
The Committee of Local 486 and the City shall consist of two (2)
representatives from the Union and two (2) from the City.
Any disputes in regard to the administration of the sick leave plan as
defined herein shall be submitted to arbitration as per Article 13.
21.11 Return to Work Committee
A Return to Work Committee shall be established to ensure that every effort
is made to encourage and support the return to work of those employees on
sick leave. The Committee shall be comprised of members of Management,
the Union and Human Resources.
The parties agree to follow the Return to Work Administrative Procedure
agreed to by the Union and the Employer. The Return to Work
Administrative Procedure shall not be amended without mutual agreement
between the parties.
36
21.12 Sick Leave Bank Allotments
Applications for an allotment from the Sick Leave Bank may be made
by an employee who has exhausted their own sick leave credits and is
not eligible for LTD. See Article 21.03 for LTD timelines.
Only employees with more than one (1) year of continuous service
shall be eligible for an allotment from the Sick Leave Bank.
Such employees may be granted sick leave from the Bank upon the approval
of the Union Sick Leave Bank Committee and the Employer upon production
of the appropriate medical certification. Employees shall not accumulate
vacation credits while being granted sick leave credits from the Bank. The
accumulated total maximum allotment granted to an employee from the
bank during their tenure of employment with the Employer will not exceed
three thousand six hundred and forty (3640) hours.
Allotment of Sick Leave from the Bank shall be at a daily rate equal to
the employee's daily rate while on their own accumulated sick leave.
Under no circumstances shall there be any pyramiding of benefits.
21.13 Sick Leave Records
As soon as possible after the close of each calendar year, the Employer
shall advise the Sick Leave Bank Committee in writing of the amount of
Sick Leave accrued to each employee's credit and to the Bank.
21.14 Military Leave
21.14(a) Any employee who qualifies for acceptance by the Canadian Armed Forces
(Reserves) shall be entitled to time off with full pay and benefits up to a
maximum of fourteen (14) consecutive calendar days per annum for
Reserve Training. This training time shall be in addition to holidays
contained in this Collective Agreement.
21.14(b) Wages received for such approved Reserved Training shall be reported to
the Employer and the employee shall have the option to choose the higher
wage between the Employer and the Department of National Defense.
2M) 37
21.15 Sick Leave and Military Leave Schedule
The Sick Leave Plan and Military Leave shall apply to all employees within
the bargaining unit.
21.16 Sick Leave Plan Accumulation - Casual Employees
Once employed for ninety (90) calendar days, every casual employee shall
accumulate sick leave at the rate of 10.5 hours per month worked. However
those employees working less than regular full -time hours will have their sick
leave accumulation prorated based on the hours worked. In the event of a
twelve (12) month break in service, accumulated sick leave will be eliminated.
ARTICLE 22 TECHNOLOGICAL CHANGE
22.01 Improved Skills
In the event that the Employer should introduce methods or machines which
require new or greater skills than are possessed by employees under the
present methods of operation, such employees shall at the expense of the
Employer, be given a period not exceeding one (1) year during which to
perfect or acquire the skills necessitated by the new methods of operation or
be transferred to another position. There shall be no change in the salary of
any such employee during the training period other than their normal
increment and no reduction in pay upon being reclassified in the new
position or transferred to a position of less pay.
22.02 Extensive Training Needed
Should the introduction of new methods of operation create a need for the
perfection or acquisition of skills requiring a training period longer than one
(1) year, the additional training time shall be the subject of discussion
between the Employer and the Union.
211 38
22.03(a) Technological Change Defined
Technological change means:
22.03(a)(i) The introduction of equipment or material of a different nature and kind from
that previously utilized by the Employer; and
22.03(a)(ii) A change in the Employer's method of operation that is directly related to the
introduction of said equipment or material.
22.03(b) Advance Notice
Prior to introducing technological change, the Employer agrees to notify the
Union of its intentions at least ninety (90) calendar days in advance of
implementation.
22.03(c) Contents of Notice
The notice shall be conveyed in writing and shall contain appropriate
information including:
(i) the nature of the change;
(ii) the date on which the Employer proposes to effect the change;
(iii) the approximate number, type and location of employees likely to
be affected by the change; and
(iv) the effects the change may be expected to have on employees'
working conditions and terms of employment.
22.03(d) Consultation
During the ninety (90) day notification period contained in Article 22.03(b),
the Employer and the Union shall meet in an attempt to minimize any
adverse effects the technological change may be expected to have on
employees working conditions and /or terms of employment.
M 39
ARTICLE 23 LEAVES OF ABSENCE
23.01 Bereavement Leave
23.01(a) For purposes of clarification, bereavement leave shall be defined as an
approved leave of absence from work for a specified period without loss of
pay, seniority or other benefits for the purpose of making funeral
arrangements and /or attending the funeral of a deceased member of the
employee's immediate family. Additional time may be provided in each of
circumstances noted below, at the discretion of the Department Head.
23.01(b) In the event of the death of an employee's ap rent, spouse, child, or legal
guardian, up to a maximum of five 5 consecutive shifts shall be granted,
one of which shifts shall be on the day of the funeral and to the extent that
any or all of these are scheduled shifts.
In the event of the death of an employee's brother, sister, father -in -law, or
mother -in -law, up to a maximum of three (3) consecutive shifts shall be
granted, one of which shall be on the day of the funeral and to the extent that
any or all these are scheduled shifts.
In the event of the death of an employee's grandparents, sister -in -law, brother -
in -law, or child of a brother or sister, up to a maximum of two (2) consecutive
shifts shall be granted, one of which shall be on the day of the funeral and to
the extent that any or all these are scheduled shifts.
23.01(c) In the event of death of any member of the bargaining unit, the President or
an appointee and one (1) other member of the Union shall be granted paid
leave of one shift for the purpose of attending the funeral and to pay last
respects to the deceased.
23.01(d) One (1) full shift of leave shall be granted without loss of salary or
wages to attend a funeral as an active pallbearer.
M3 40
23.02 Emergency Leave
An employee may be granted up to five (5) shifts off without loss of pay, in
the event they are left homeless due to fire, flood, or any act of God, subject
to the approval of the Manager concerned.
23.03 General Leave
Once, every five (5) years, the Employer shall grant leave of absence without
pay and without loss of seniority to a maximum of twelve (12) months to any
employee requesting such leave for good and sufficient cause. The
Employer may grant additional absences. Such requests shall be made in
writing by the employee and submitted to the appropriate Manager. If the
Manager refuses to grant such leave of absence, the employee may appeal
such decision to the City Manager. Upon approval by the City Manager,
such leave of absence shall be granted.
23.04 Special Leave
23.04(a) Up to five (5) weeks unpaid leave of absence shall be granted at the
employee's request once every four (4) years, providing the employee has
completed at least four (4) years' continuous service to earn entitlement.
Such special leave shall be taken at a mutually agreed upon time. Such
request shall be made in writing by the employee to the Department Head
not later than two (2) months prior to commencement of the leave.
23.04(b) Time off with pay shall be granted for the following:
Employee's Marriage - one (1) shift
Birth of Child - one (1) shift
Adoption of Child - one (1) shift
23.04(c) Self- Funded Leave
The City recognizes the potential of self- funded leave to help achieve
employee and organizational goals. The purpose of this article is to provide
an opportunity for self- funded leave, once every five (5) years, for a period
of not less than five (5) weeks and up to and including one (1) year. The
City of Saint John will hold a portion of an employee's salary for a specified
254 41
period of time and then allow the employee to take off the requested time
with pay equivalent to the amount withheld. This leave would allow an
employee to continue receiving a salary. The salary that an employee
would have received during this period, minus the leave without pay, is
spread out or averaged over a reasonable amount of time. An employee
who is interested in this program shall apply in writing, a minimum of six (6)
months in advance (unless mutually agreed) to his or her Department
Head. If the Department Head refuses to grant the leave, then the
employee may apply directly to the City Manager or his designate. Once a
request is approved then the Department Head must notify Human
Resources. Human Resources will make arrangements to initiate this
request.
On return from the leave, the employee shall be placed in his /her
former position. If the former position no longer exists, he /she shall
be placed in accordance with Article 16.04.
23.05 Union Business
Time off shall be granted temporarily on proper notification to the Manager
concerned for any duly authorized Union representative serving on the
Negotiating Committee, involved with processing grievances, to attend
meetings and handle business arising there from or incidental thereto. Such
employee shall suffer no loss for time so spent.
23.06 Union Conventions and /or Seminars
Leave of Absence with pay and without loss of seniority shall be granted for
the necessary time off to a maximum aggregate of twenty (20) shifts in any
one (1) year to employees elected or appointed to attend union conventions
and /or seminars upon written request received at least ten (10) days in
advance by the appropriate Manager.
23.07 Reimbursing Employer for Pay & Benefits
An employee on unpaid approved leave of absence for Union business shall
receive their regular pay and benefits to the extent permitted by statute or
regulations. The Union shall reimburse the Employer for all pay and benefits
during the period of absence.
2V5- 42
23.08 (a) Maternity Leave
Maternity leave shall cover a period of seventeen (17) weeks. An employee
who resigns for maternity reasons shall be considered as having been on
leave without pay if she is re- employed within six (6) months of the date of
her resignation.
Supplementary Unemployment Benefit Plan
a) This plan is conditional upon the approval and continued approval of the
Federal Government.
b) An employee who provides proof that she has applied for and is eligible to
receive Employment Insurance Benefits pursuant to the Employment
Insurance Act, shall be eligible to be paid a maternity leave allowance in
accordance with the Supplementary Unemployment Benefit Plan for a
period not to exceed seventeen (17) continuous weeks inclusive of the
two (2) week waiting period for Employment Insurance benefits.
c) In respect of the period of maternity leave payments made according to
the Supplementary Unemployment Benefit Plan will consist of payments
equal to the difference between the unemployment insurance benefits the
employee is eligible to receive and ninety percent (90 %) of her regular
rate of pay at the time maternity leave commences, less any other monies
received during the period which may result in a decrease in
unemployment insurance benefits to which the employee would have
been eligible if no extra monies had been received during this period.
d) Regular rate of pay shall mean the rate of pay the employee was receiving
at the time maternity leave commences, but does not include, shift
premium, overtime, or any other form of supplementary compensation.
During the period of maternity leave, if permissible under the relevant plan,
the Employer shall continue to pay its share of Pension, Health and Dental
Plan, and Group Life Insurance. The employee also agrees to pay her
share. When an employee decides to return to work after maternity leave,
she shall provide the Employer with at least two (2) weeks' notice. On return
from maternity leave, the employee shall be placed in her former position. If
the former position no longer exists, she shall be placed in accordance with
Article 16.04.
D 43
23.08 (b) Parental Leave
Parental leave shall be unpaid and cover a period of up to thirty- seven (37)
weeks after the birth or adoption of a child under the age of nineteen (19).
During the period of parental leave, if permissible under the relevant plan, the
Employer shall continue to pay its share of Pension, Health and Dental Plan,
and Group Life Insurance. The employee also agrees to pay his /her share.
When an employee decides to return to work after parental leave, he /she
shall provide the employer with at least two (2) weeks' notice. On return from
parental leave, the employee shall be placed in his /her former position. If the
former position no longer exists, he /she shall be placed in an equivalent
position.
Employees shall not accumulate vacation credits while on such leave.
23.08(c) Vacation Benefit During Maternity Leave
Employees entitled to Maternity Leave shall be permitted to accumulate up to
a maximum of seventy (70) hours vacation. Such days shall accumulate at the
employee's normal rate of vacation earned.
"I�t 1
23.09 Jury /Court Duty
23.09(a) When an employee is on jury duty or called as a witness in Employer related
court proceedings, they shall receive full pay at the prevailing rates. Any
monies received by the employee, for said matters in lieu of weekly pay, shall
be paid to the City of Saint John.
23.09(b) If an employee is subpoenaed as a witness in Employer related court
Droceedinas on their
(i) day off, or
(ii) vacation,
the employee will be compensated at the regular daily rate and shall have their
day off or vacation rescheduled at a later date by mutual agreement with the
Employer. Any witness fee paid to the employee shall be returned to the City of
., qint .Inhn
2% 44
The employee is not required to work the same day following Employer related
court proceedings.
23.10 Christmas Leave
An employee may request an unpaid leave of absence, hereinafter referred
to as Christmas Leave, between December 20th and January 7th of each
year. Interested employees shall make a request for Christmas Leave, in
writing, to the Manager responsible. The number of employees on
Christmas Leave shall be limited to a reasonable number at the discretion of
the Manager responsible. Christmas Leave may be taken without
immediate loss of income. Deductions for Christmas Leave shall be made
at the rate of not less than one (1) day per month beginning in January; i.e.,
deductions for Christmas Leave would commence in January of the
following year.
ARTICLE 24 SAFETY
24.01 Safety Measures
The Employer and the Union shall cooperate in maintaining and improving
where necessary safety measures now in effect.
24.01(a) Equipment Supplied and Safety Footwear Allowance
All employees working in any dirty or dangerous capacity shall be supplied
with all necessary equipment. It shall be compulsory to wear and use all
safety equipment supplied by the Employer.
With the permission and signed approval of the employee's Manager, the
Employer agrees to provide employees engaged in field work one (1) pair of
approved safety footwear per year. Such footwear must be appropriate to the
employee's needs as approved by the employee's Manager.
An employee on an extended leave shall receive their entitlement upon their
return to work.
2M 45
24.01(b) Enforcement
All supervisors will consider it an important and essential part of their jobs to
administer the safety program. They shall by precept and example secure
complete compliance with all safety regulations by all workers under their
direction.
24.02 Injury on Duty
24.02(a) Notification
When an employee is injured on duty, the injury must be reported to the
immediate supervisor as soon as possible after the injury and in any event,
not later than the end of the working period in which the injury was sustained.
24.02(b) Remuneration
When an employee is injured on duty they shall receive payments from the
Employer equal to eighty percent (80 %) of their pre- accident net earnings at
the prevailing rates for the first thirty -nine (39) weeks from the day of the
injury and eighty -five percent (85 %) thereafter; subject nevertheless, in case
of injury, to the provisions of the Saint John pension plan, provided they
have complied with subsection 24.02(a) above. All payments will comply
with Section 38.2(2.2) of the Workers' Compensation Act.
Any changes to Article 24 shall be by mutual agreement, and if no agreement
can be reached, shall be determined in accordance with Article 12.
24.02(c) Any monies an employee is entitled to from WorkSafeNB in lieu of weekly pay
shall be paid by WorkSafeNB to the City of Saint John. This article shall not
apply to a person no longer actively employed and who has retired due to a
disability.
24.02(d) Net earnings shall be defined as pre- accident gross earnings less any
income tax, Canada Pension and Employment Insurance deductions.
2M 46
24.03 Civic Employees' Safety Committee
24.03(a) A Saint John Civic Employees' Safety Committee shall be established under
the Occupational Health and Safety Act.
24.03(b) Time spent by employees in performance of their duties as members of the
Joint Safety Committee shall be considered as time worked, and payment
shall be paid on the basis of straight time.
24.04 Safety
The Employer shall provide the Union Safety Representative all reasonable
information when requested.
ARTICLE 25 GENERAL CONDITIONS
25.01 Bulletin Boards
The Employer shall provide bulletin boards in each division on which the
Union shall have the right to post notices of meetings and other such notices
as may be of interest to the employees.
25.02 Instructional Courses
The Employer agrees to pay one half (Y2) the cost of any job related course
taken by mutual consent. Upon successful completion of such course, the
Employer shall reimburse the employee for their share of the cost incurred.
25.03 Copies of Collective Agreement
The Union and the Employer desire every employee to be familiar with the
provisions of this Collective Agreement and their rights and duties under it.
For this reason, the Employer shall bear fifty percent (50 %) of the cost of
printing three hundred (300) copies of the Collective Agreement established
by the lowest tender acceptable to the City, within thirty (30) days of signing.
If the lowest tender is not acceptable to the Union all extra costs for printing
shall be paid by the Union.
zo 47
25.04 Correspondence
Except as specifically provided elsewhere in this Collective Agreement, all
correspondence between the parties arising out of this Agreement or
incidental thereto, shall pass to and from the Director of Human Resources
or designate and the Recording Secretary of the Union.
25.05 Definition of Word Designate(s)
For purposes of clarification, wherever and whenever City Manager, Chiefs,
Commissioners, Managers and certain officers and other senior
management personnel are referred to by title in this Collective Agreement,
the same shall be deemed to apply to their designate(s) in that particular
context.
25.06 Benefit to Employer
An employee who furnishes an idea, which is adopted for improvement in the
operation of a Civic Department, shall receive recognition from the Employer
in the form of a cash grant which the Employer deems proper, taking into
consideration the value of the improvement.
25.07 Definition of Day(s)
Unless otherwise specified, wherever and whenever the word day(s) is
referred to in this Collective Agreement, it shall be construed to apply to
calendar day(s) and not working day(s).
25.08 Plural & Gender
Whenever the singular or masculine is used in this Collective Agreement it
shall be considered as if the plural or feminine has been used where the
context of the party or parties hereto so require.
Zoo 48
25.09 Access to Personnel File
Employees wanting to view their personnel files shall request in writing to
the Director of Human Resources or designate. The employee may view
files and may make photocopies in the Human Resources Department.
The employee is not to remove the file but must view in the presence of a
duly designated representative of Human Resources staff. Such request
for viewing by an employee shall be granted within two (2) working days of
the written request.
25.10 Sick Leave Plan Registration
The Employer agrees to register the Sick Leave Plan with the Human
Resources Development Canada under the Employment Insurance Act. Any
benefit derived from such registration, the employee's portion shall be
returned to the Union in trust on behalf of the employees. Such money shall
be used to provide a benefit to the individual employee.
ARTICLE 26 TERM OF COLLECTIVE AGREEMENT
26.01 Notification to Bargain
This Collective Agreement shall take effect and be binding on the Employer
and Union for the period from January 1, 2015, to December 31, 2021,
inclusive, and shall remain in force for successive periods of twelve (12)
months thereafter, unless either party requests negotiation of a new or
replacement Agreement by giving written notice to the other party not less
than sixty (60) days and not more than one hundred and twenty (120) days
prior to the expiration date of this Agreement or any renewal thereof. Such
notice(s) shall specify any addition, deletion or alteration desired. Upon
receipt of such notice by either party, negotiations shall commence within
twenty (20) days following such notice having been given.
26.02 Changes in Collective Agreement
Any changes deemed necessary during the term of this Collective Agreement
may be made by mutual agreement of the parties hereto at any time.
zu 49
ARTICLE 27 SIGNATORIES
IN WITNESS WHEREOF the Employer has hereunto caused its Corporate Seal to be
affixed under the hands of its duly authorized Officers, and the Union has caused this
instrument to be executed by its proper Officers hereunto duly authorized the day and
year first written above.
SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN
in the presence of:
Witness
Mayor
Common Clerk
CANADIAN UNION OF PUBLIC
EMPLOYEES, SAINT JOHN CITY HALL
EMPLOYEES, LOCAL 486
President
Witness Recording Secretary
00 {
50
SCHEDULE "A"
Position Classifications by Salary Group
Student Assistant Building Inspector
Administrative — 80% of Group 1 Chemical Technologist
Community Development and Programming
Technical - Group 4 Coordinator
Group 1
Casual Administrative Assistant
Group 2
Group 3
Administrative Assistant
Group 4
Administrative Assistant
Executive Assistant
Finance Clerk
Information Systems Assistant
Group 5
Administrative Assistant
Claims Examiner
Finance Clerk
GIS Technician
1
Municipal Engineering Technologist
Traffic Technologist
Group 6
Administrative Assistant
Assistant Building Inspector
Facility Management Technologist
GIS Technician
Mechanical Engineering Technologist
Traffic Technologist
Group 7
Accounting Supervisor
Administrative Assistant
Application Specialist
Community Services Coordinator
Facility Management Technologist
GIS Technologist
Municipal Engineering Technologist
Network Specialist
PC Specialist
Planning Technologist
Plumbing Inspector
Procurement Specialist
Systems Specialist
Telecommunications Specialist
Traffic Technologist
Web Specialist
Group 8
Accounting Supervisor
Administrative Assistant
Assistant Building Inspector
Business Analyst
Chemical Technologist
Corporate Projects Coordinator
Facility Management Technologist
Mechanical Engineering Technologist
Municipal Engineering Technologist
Payroll Administrator
Group 9
Accounting Supervisor
Chemical Technoloaist Supervisor
Coordinator Community and
Recreation Development
Heritage Architect/Analyst
Network Specialist
Pension Plan Administrator
Plans Examiner
Rockwood Park Naturalist
2W 51
SCHEDULE "B"
SALARIES
INCREMENTS - For the purpose of Article 17 of this Collective Agreement, an increment is calculated by
dividing the difference between the maximum and minimum by two (2). Wages and economic benefits
are fully retroactive to January 1, 2015.
2u 52
January 1, 2015 January 1, 2016 January 1, 2017 January 1, 2018
Annual Increase: 2.00% Annual Increase: 2.25% Annual Increase: 2.25% Annual Increase: 2.25%
January 1, 2021
Minimum
Maximum
Minimum
I Maximum
Minimum
Maximum
Minimum
Maximum
Group 1
30,752
33,668
31,444
34,426
32,151
35,200
32,875
35,992
Group 2
34,449
37,786
35,225
38,636
36,017
39,505
36,828
40,394
Group 3
38,146
41,893
39,004
42,836
39,882
43,780
40,779
44,785
Group 4
41,843
46,002
42,785
47,037
43,748
48,095
44,732
49,178
Group 5
45,546
50,111
46,571
51,238
47,619
52,391
48,690
53,570
Group 6
49,655
54,681
50,772
55,912
51,914
57,170
53,082
58,456
Group 7
53,765
59,251
54,975
60,584
56,212
61,947
57,477
63,341
Group 8
57,877
63,815
59,179
65,251
60,511
66,719
61,872
68,220
Group 9
1 61,983
68,379
63,378
1 69,917
64,804
71,490
66,262
73,099
INCREMENTS - For the purpose of Article 17 of this Collective Agreement, an increment is calculated by
dividing the difference between the maximum and minimum by two (2). Wages and economic benefits
are fully retroactive to January 1, 2015.
2u 52
January 1, 2019
January 1, 2020
January 1, 2021
Annual Increase: 2.25%
Annual Increase: 2.25%
Annual Increase: 2.50%
Minimum
Maximum
Minimum
Maximum
Minimum
Maximum
Group 1
33,614
36,802
34,371
37,630
35,230
38,572
Group 2
37,656
41,303
38,503
42,232
39,466
43,288
Group 3
41,697
45,793
42,635
46,823
43,701
47,994
Group 4
45,738
50,284
46,768
51,415
47,937
52,701
Group 5
49,786
54,775
50,906
56,007
52,178
57,408
Group 6
54,277
59,771
55,498
61,116
56,885
62,644
Group 7
58,770
64,766
60,092
66,223
61,594
67,879
Group 8
63,264
69,755
64,688
71,325
66,305
73,108
Group 9
1 67,753
74,744
69,277
76,425
71,009
78,336
INCREMENTS - For the purpose of Article 17 of this Collective Agreement, an increment is calculated by
dividing the difference between the maximum and minimum by two (2). Wages and economic benefits
are fully retroactive to January 1, 2015.
2u 52
SCHEDULE "C"
ADMINISTRATIVE /SUPERVISORY /PROFESSIONAL STAFF
(NON- UNION)
Administrative Assistant/Secretary to the Mayor Information Management Officer
Administrative Assistant to City Manager Labour Relations Officer
Administrative Officer Legal Administrative Assistant
Assistant Common Clerk
Assistant Comptroller
Assistant Director
Assistant Engineer
Assistant Superintendent
Budget Officer
By -Law Enforcement Officer
Chief Building Inspector
Chief Engineer
City Manager
City Solicitor
Commissioner
Common Clerk
Comptroller
Continuous Improvement Officer k
Deputy Building Inspector i
Deputy City Manager
Deputy Commissioner
Deputy Common Clerk
Deputy Fire Chief 146:6N
Deputy Market Clerk
Design Engineer IN
Development Officer
Director
Director, Human Resources 1
District Chief
Divisional Chief
Employment Relations Officer
Energy Manager
Executive Assistant to the Mayor
Executive Director
Executive Secretary to City Manager
Fire Chief
N "q
*V
General Manager, Saint John Industrial Parks
GIS Manager
Heritage Planner
Human Resources Administrative Assistant
Human Resources Administrator/ Generalist
Legal Secretary
Legal Stenographer
Manager, City Market
Manager, Communications
Manager, Corporate Planning
Manager, Facilities Management
Manager, Fleet Administration
Manager, Human Resources
Manager, Industrial Relations
Manager, Information Technology
Manager, Infrastructure Development
Manager, Materials Mgt Purchasing & Inventory
Manager, Municipal Engineering
Manager, Pedestrian and Traffic
Manager, Public Safety Communications Centre
Manager, Real Estate
Manager, Recreation & Neighbourhood
Programming
Manager, Risk Management
Manager, Safety and Policy
Manager, Saint John EMO
Municipal Engineer
Occupational Safety Officer
Operations Engineer
Operations Manager
Planner
Project / Design Engineer
Purchasing Agent
Real Estate Officer
Senior Communications Officer
Senior Project Engineer
Senior Transportation Policy Advisor
Solicitor
Superintendent
Systems Manager
Technical Services Engineer (Sr and Jr)
Traffic Engineer
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ADDENDUM 1
MOBILITY OF EMPLOYEES
BETWEEN: The City of Saint John, N.B.
The Board of Police Commissioners for the City of Saint John
-and- The Canadian Union of Public Employees, Saint John City
Hall Employees, Local 486
The Board of Police Commissioners for the City of Saint John was formed in
February of 1998. In accordance with the provisions of the Police Act, R.S.N.B.
1973, ch. P -9.2 as amended in 1997, employees of the City that were "persons
employed to serve a police force..." became employees of the Board of Police
Commissioners in matters of labour relations.
The Board of Police Commissioners is the successor employer, under the
Industrial Relations Act, R.S.N.B. 1973, ch. 1 -4 as amended, for a bargaining unit
of such employees.
The parties to this Addendum recognize that there is a high level of integration
between the Police Force and the City, which is expected to continue into the
foreseeable future. This Addendum has been developed on the basis that the
parties want to ensure the following:
- that this integration is not compromised by the formation of a Board of Police
Commissioners
- no disruption for employees
- existing and future employees are provided with a broad range of career
development opportunities
To these ends the parties have agreed to the following:
1. employees in both Local 486 bargaining units shall have equal
opportunities to apply for job opportunities with either the City or the Police Force
as specified in Article 11 of the respective collective agreements.
2. the seniority of employees in both Local 486 bargaining units shall, for all
purposes, include time of employment with either the City or the Board of Police
Commissioners in accordance with Article 10 of the respective collective
agreements.
3. all unionized support staff hiring's done for the Board of Police
Commissioners shall be subject to the approval of the City Manager of the City of
Saint John.
M7 54
4. individual sick leave credits and other accumulated benefits shall be fully
transferable between employers and the Sick Leave Bank detailed in Article 21
shall be a joint bank for the benefit of all Local 486 members.
Dated this of 2002.
SIGNED, SEALED AND DELIVERED THE CITY OF SAINT JOHN
in the presence of:
Mayor
Witness Common Clerk
Witness
Witness
THE BOARD OF POLICE
COMMISSIONERS FOR
THE CITY OF SAINT JOHN
Chair
Secretary
THE CANADIAN UNION
OF PUBLIC EMPLOYEES,
SAINT JOHN CITY HALL
EMPLOYEES, LOCAL 486
President
Recording Secretary
zo 55
MEMORANDUM OF AGREEMENT NO. 1
BETWEEN
THE CITY OF SAINT JOHN, NEW BRUNSWICK
"THE EMPLOYER"
.ms
THE CANADIAN UNION OF PUBLIC EMPLOYEES,
SAINT JOHN CITY HALL EMPLOYEES, LOCAL 486
"THE UNION"
SUBJECT: TERMS AND CONDITIONS
JOB SHARING PROGRAM
It is agreed that as part of the 2004 — 2007 Collective Agreement,
between the CITY OF SAINT JOHN and CUPE LOCAL 486, the
parties shall jointly undertake a program for Job Sharing.
The following are the terms and conditions of the Job Sharing
Program.
to Objective of Job - Sharing Program
To provide the employer and employees with an opportunity, to
determine the mutually beneficial value to job sharing.
2.o Eligibility
This program is open to members of Local 486, who apply for,
positions that are deemed appropriate for job sharing.
Positions at a Group 3 level are not eligible.
A permanent employee interested in job sharing should make a
formal request to their immediate Supervisor.
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3.0 Job Posting
Should a job share partner (permanent employee) leave the
position, the position is first offered to the other (permanent)
employee who is sharing the position. If this person is not
interested, the job will be posted as a job share position.
4.0 Vacancies
If one of the permanent employees leaves the job- shared
position, the other permanent employee will have the option to:
• continue on in the present capacity with a new job sharing
partner;
• take the job on a full -time basis; or,
• take the job on a full -time basis until a suitable partner is
found.
5.o Hours of Work
Employees will work on average 17.5 hours per week.
Optional hours of work could include:
• one week on, one week off ;
• one rotation on, one rotation off;
• three days one week and two days the next week;
• all mornings or all afternoons; or
• all days or all nights.
The need for consistency is recognized in the schedule.
The total hours worked by the employees in the shared position
must not exceed 1820 regular hours in one calendar year.
6.0 Salaries
Employees will be paid for 17.5 hours per week at the rate set
by the classification of the position.
The period of time in which one employee is working is not
considered a break in service for the other employee.
Incremental increases will be applied as outlined in the
Collective Agreement.
29D 57
7.0 Classification of the Positions
The position that is deemed a "job share" position will be
evaluated as part of the job evaluation system as one job.
For the purpose of job sharing, the position will be divided
equally with both having the same classification.
8.0 Ownership of the Positions
The present incumbent who wishes to job share will "own" the
position. If either individual chooses to leave their position to
work in an identified job share position, their previous job will be
secured for a one -year period.
s.o Benefits, Vacation and Floating Holidays
Vacation: accumulated on a prorated basis, based upon 17.5
hours per week.
Sick time: accumulated on a prorated basis, based upon 17.5
hours per week.
Statutory holidays: paid on a prorated basis considering that
the employee is scheduled 17.5 hours per week.
Insurance Benefits: benefits and contributions will be the same
as for full -time employees.
Employment Insurance: employees will contribute based upon
their earnings, as per the rate established by Canada Customs
and Revenue Agency.
Canada Pension Plan: employees will contribute based upon
their earnings, as per the rate established by Canada Customs
and Revenue Agency.
Workers Compensation: all employees are covered for injury on
the job.
Pension: employee contributions will be at the current
contribution rate of gross earnings.
2711 58
10.o Leaves
If one of the employees is on leave (vacation, statutory,
compensatory, sick etc.) the other employee will have the
option, if offered, to cover the hours at straight time, in
accordance with Article 15.
11.o Responsibilities
Department Heads have the sole discretion of determining
which positions may be job shared.
Employees who are job sharing must demonstrate flexibility and
ensure that effective communication is maintained with the job
sharing partner and the manager.
Within the identified positions, managers have the authority to
approve participation in the job- sharing program.
It is agreed that the parties to this Agreement will utilize the interest
based approach to ensure that the Job Sharing Program is carried
out as per the established terms and conditions.
Signed, sealed and delivered by the City of Saint John on the
day of , 2004.
11 THE CITY OF SAINT JOHN
Mayor
Common Clerk
M 59
Signed, sealed and delivered by the Canadian Union of Public
Employees, Saint John City Hall Employees, Local 486, on the
day of , 2004.
THE CANADIAN UNION OF PUBLIC
EMPLOYEES, SAINT JOHN CITY
HALL EMPLOYEES, LOCAL 486
President
Recording Secretary
60
MEMORANDUM OF AGREEMENT NO. 2
Between
THE CITY OF SAINT JOHN
( "THE EMPLOYER ")
AND
THE CANADIAN UNION OF PUBLIC EMPLOYEES,
SAINT JOHN CITY HALL EMPLOYEES, LOCAL 486
( "THE UNION ")
SUBJECT: OFFICIAL LANGUAGES
The City of Saint John is required to provide services in both official
languages. Given this, the Parties have identified the following
positions may be required to be bilingual imperative:
Department /Division
Position
Number
Finance & Admin Services
Finance -
Administrative Assistant 4
1
Risk Management -
Administrative Assistant 4
1
Finance Clerk 4
1
Strategic Services
Web Specialist
1
Communications -
Administrative Assistant 6
1
Transportation &
Environment Services/
Saint John Water
Administrative Assistant 4
3
Engineering Services
Technologist
3
Growth & Community
Development Services
Administrative Assistant 5
2
Assistant Building Inspector
1
Community Development &
Programming Coordinator
1
Legislated Services
Common Clerk -
Administrative Assistant 4
1
Fire
Business Analyst 8
1
Parking Commission
Aq,nistrative Assistant 4
2
61
As positions become vacant and a further bilingual requirement is
needed, consultation will take place between the Employer and the
Union. If no agreement is reached, then Article 12, (Grievance
Procedure) may be followed.
Permanent employees, as of January 1, 2004, shall not be adversely
affected by this provision. A qualified candidate who fails to satisfy
the language requirements will be placed in the position subject to
obtaining the predetermined language competency level.
The Candidate will be required to demonstrate the designated
proficiency level within a predetermined training period not to exceed
twelve hundred (1200) hours. During this defined training period, the
candidate will participate in accelerated language training in order to
acquire the predetermined language competency. The cost of such
training will be at the Employer's expense. However, should the
employee be unable to complete the training due to unforeseen
circumstances the training period shall be extended accordingly.
Prior to the commencement of this training, the incumbent will be
assessed by a third party provider in order to determine their aptitude
to learn the second language and identify the training needed.
Following a successful assessment the employee, their manager, a
representative of the union and a manager of human resources will
develop a training plan that reflects the recommendations of the third
party provider and meets the needs of the employee. The employee
must actively participate in the training and the manager must fully
support the employee in this endeavour. At any point during the
training period the incumbent may request a test. Training will be
considered time worked but the employee will not be entitled to
overtime compensation for additional hours required related to
training while participating in training.
Further, should the incumbent acquire the defined language
competency, the Employer and the employee must commit to an
ongoing maintenance plan. However, should the incumbent be
unable to satisfy the language requirements within the defined
training period not exceeding twelve hundred (1200) hours, they will
revert to their former position. The position would then be awarded to
the next senior qualified candidate who had applied to this posting.
Also, should the incumbent leave the position for any other reason
during the training period the next senior qualified candidate will be
placed in the position.
235 62
The Employer may choose to fill the position with a bilingual casual
employee for all or part of the period during which the permanent
employee is participating in language training. This will be at the
discretion of the Department Head.
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be duly executed.
Signed, sealed and delivered by the City of Saint John on the
day of )2008.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Signed, sealed and delivered by the Canadian Union of Public
Employees, Saint John City Hall Employees, Local 486, on the
day of , 2008.
THE CANADIAN UNION OF PUBLIC
EMPLOYEES, SAINT JOHN CITY
HALL EMPLOYEES, LOCAL 486
President
Recording Secretary
25FD 63
Meeting Date February 22, 2016
Deputy Mayor Rinehart and Councillors,
Subject: Commissioner, Saint John Water Appointment
The Committee of the Whole adopted the following resolution:
" RESOLVED That as recommended by the Committee of the Whole, having met on February 22, 2016,
Common Council appoint Mr. Brent McGovern to the position of Commissioner, Saint John Water effective
February 23, 2016, and that his compensation be set at Salary Grouping B, Step 1 of the City's 2016
Management / Professional Pay Scale."
Sincerely,
Mel Norton
Mayor
�r
VU
SAINT JOHN
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P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
277
Meeting Date February 22, 2016
Deputy Mayor Rinehart and Councillors,
Subject: Appointment Commissioner of Transportation and Environment Services / Appointment of Chief
City Engineer
The Committee of the Whole adopted the following resolution:
" RESOLVED That as recommended by the Committee of the Whole, having met on February 22, 2016,
Common Council appoint Mr. Michael Hugenholtz to the position of Commissioner, Transportation and
Environment Services on an acting basis, effective February 23, 2016, with the duration of such acting
assignment extending until the earlier of the position of Commissioner, Transportation and Environment
Services being filled on a permanent basis or the bringing to an end of the acting assignment by Common
Council, and that his compensation while serving in this acting assignment be set at the lower level of Salary
Grouping B, Development Zone of the 2016 Management / Professional Pay Scale."
And
"RESOLVED That as recommended by the Committee of the Whole having met on February 22, 2016,
Common Council appoint Mr. Brian Keenan to the position of Chief City Engineer on an acting basis, effective
February 23, 2016, with the duration of such acting assignment extending until the earlier of the position of
Commissioner, Transportation and Environment Services (which shall include all of the duties and
responsibilities of the Chief City Engineer) being filled on a permanent basis or the bringing to an end of the
acting assignment by Common Council, and that his compensation while serving in this acting assignment be
set at the lower level of Salary Grouping B, Development Zone of the 2016 Management / Professional Pay
Scale."
Sincerely,
Mel Norton
Mayor
�r
VU
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
Fz�
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