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2009-03-23_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 23, 2009 Committee of the Whole 1. Call to Order 5:30 p.m. 8th Floor Boardroom City Hall 1.0 Personnel Issue 10.2(4)(j) 1.1 Personnel Issue 10.2(4)(f) 1.2 Personal Matter 10.2(4)(b) 13 Personal Matter 10.2(4)(b) 1.4 Personnel Issue 10.2(4)(j) 1.5 Personnel Issue 10.2(4)(j) 1.6 Nominating Committee 10.2(4)(b) Regular Meeting 1. Call to Order - Prayer 7:00 p.m. Council Chamber 2. Approval of Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Tender for Asphaltic Concrete Mixes (Recommendation in Report) 5.2 Tender for Traffic Paint (Recommendation in Report) 5.3 Street Name Change (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Public Record of Motions (Deputy Mayor Chase) 11.2 Saint John West Business Association Business Improvement Area (Councillor Farren) 113 Public Inquiry into City Pension Plan (Councillor Farren) 11.3(a) Appointments to Committees 11.4(a) Council Inquiries to Staff (Councillor Sullivan) 11.4(b) Protection of Personal Information Act 11.5 Follow-Through on Motions (Councillor Sullivan) 11.6 West Saint John Recreational Opportunity - Lancaster Kiwanis Field Project (Councillor McGuire) 11.7 West Saint John Economic Development (Councillor McGuire) 11.8 Westfield Road - Area Snow Clearance for Roads and Sidewalks (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Proposed Business West Side Improvement Area 12.2 City Solicitor: Inclusionary Zoning 123 City Solicitor: Traffic By-Law Amendments 12.4 City Manager: Lead Results Update 12.5 City Solicitor: Pension Act Amendments Legal Advice 12.6 City Manager: Sustainable Transportation Plan 12.7 Commissioner of Finance: Capital Financing 13. Committee Reports 13.1 Finance Committee: Terms of Reference 13.2 Finance Committee: Financial Advisory Services for Pension Plan Review 133 Committee of the Whole Report: Terms and Conditions of Employment - Management and Professional Personnel (Tabled from March 16, 2009) 13.4 Committee of the Whole: Appointments to Committees 13.5 Water Committee: Water Committee Report 14. Consideration of Issues Separated from Consent Agenda 14.1 Rezoning Application for 1671 Sandy Point Rd, City Owned Harrigan Lake Property, by North Star Holdings Inc. (Recommendation in Report) 15. General Correspondence 15.1 Rockwood Park Golf Course and Aquatic Driving Range Report 15.2 Symphony New Brunswick Request for Funding 16. Adjournment 2 City of Saint John Seance du conseil communal Le lundi 23 mars 2009 Comite plenier 1. Ouverture de la seance 17 h 30 Salle de conference, 8e Rage, hotel de ville 1.0 Question d'ordre personnel - alinea 10.2(4)j) 1.1 Question d'ordre personnel - alinea 10.2(4)f) 1.2 Question relative au personnel - alinea 10.2(4)b) 13 Question relative au personnel - alinea 10.2(4)b) 1.4 Question d'ordre personnel - alinea 10.2(4)j) 1.5 Question d'ordre personnel - alinea 10.2(4)j) 1.6 Comit6 des candidatures - alinea 10.2(4)b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 19 h Salle du conseil 2. Approbation du proces-verbal 3. Adoption de dordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Soumission relative aux melanges de b6ton asphaltique (recommandation figurant au rapport) 5.2 Soumission relative a la peinture de signalisation routiere (recommandation figurant au rapport) 5.3 Changement de nom de nee (recommandation fi(-,,urant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Archives publiques des motions (maire suppl6ant Chase) 11.2 Zone d'am6lioration des affaires - Saint John West Business Association (conseiller Farren) 113 Enquete publique sur le regime de retraite de la Ville (conseiller Farren) I l 3a) Nominations aux comit6s 11.4a) Demandes formulees par le conseil a l'intention du personnel (conseiller Sullivan) 11.4b) Loi sur la protection des renseignements personnels 11.5 Donner suite aux motions (conseiller Sullivan) 11.6 Possibilite recreative dans Saint John Ouest - Projet de terrain Kiwanis de Lancaster (conseiller McGuire) 11.7 Developpement economique dans Saint John Ouest (conseiller McGuire) 11.8 Chemin Westfield - Deneigement de chemin et des trottoirs (conseiller McGuire) 12. Affaires municipales evoquees par les fouctionnaires municipaux 12.1 Greffiere communale : Projet de zone d'amelioration des affaires dans le quartier West Side 12.2 Avocat municipal : Zonage d'inclusion 123 Avocat municipal : Modifications de 1'arrete sur la circulation 12.4 Directeur general : Le point sur les resultats 12.5 Avocat municipal : Conseil juridique en ce qui concerne les modifications relatives a la Loi sur° le r°girTme de retraite 12.6 Directeur general : Plan de transport durable 12.7 Commissaire aux finances : Financement des immobilisations 13. Rapports deposes par les comites 13.1 Comite des finances : Mandat 13.2 Comite des finances : Services consultatifs financiers aux fins de 1'examen du regime de retraite 13.3 Rapport du comite plenier : Conditions de travail du personnel de direction et des employes professionnels 13.4 Comite plenier : Nominations aux comites 13.5 Comite compose des membres de Saint John Water : Rapport presente par Saint John Water 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 14.1 Demande de rezonage visant le 1671, chemin Sandy Point (propriete du lac Harringan appartenant a la municipalite) presentee par North Star Holdings Inc. (recommandation figurant au rapport) 15. Correspondance generale 15.1 Rapport sur le terrain de golf et champ d'exercice de golf aquatique du parc Rockwood 15.2 Demande de subvention presentee par l'Orchestre symphonique du Nouveau-Brunswick 16. Levee de la seance 4 n7 k , ~Ir The City of Saint John March 20, 2009 Common Council of The City of Saint John His Worship Mayor Ivan Court and Members of Common Council,. Subject: Committee of the Whole Closed Session The Common Council meeting of March 23, 2009 contains the following items on the agenda: 1.0 Personnel Issue 10.2(4)0); 1.1 Personnel Issue 10.2(4)(f);,1.2 Personal Matter 10.2(4)(b); 1.3 Nominating Committee Recommendations 10.2(4)(b); 1.4 Personnel Issue 10.2(4)0); 1.5 Personnel Issue 10.2(4)(8); 1.6 dominating Committee 10.2(4)(b) Section 10.2(4) of the Municipalities Act states: "if it is necessary at a meeting of council or committee of council' to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion": 1.0 Personnel Issue 10.2(4)0): "Labour and employment matters 1.1 Personnel Issue 10.2(4)(f): " information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business". 1.2 Personal Matter 10.2(4)(b): "Personal Information" 1.3 Nominating Committee Recommendations 10.2(4)(b): "Personal Information" 1.4 Personnel Issue 10.2(4)0): "Labour and employment matters". 1.6 Personnel Issue 10.2(4)0): "Labour and employment matters". 1.6 Nominating Committee Recommendations10.2(4)(b): "Personal Information„ Respectfully Submitted, Z"'Jonathan Taylor, Assistant Common Clerk SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I wwwsaintjohn.ca j CA 1971 Saint. John, N.-B. Canada E21- 41-1 5 REPORT TO COMMON COUNCIL M & C - 2009-77 CiLy of Sala Jolw 20 March, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Asphaltic Concrete Mixes BACKGROUND: Each year the City of Saint John calls a tender for the establishment of a supply agreement for the provision of asphaltic concrete mixes to establish a guaranteed source of supply. This product is employed by the Municipal Operations Dept. for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs and miscellaneous maintenance projects. In 2006 many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario Performance Graded Asphalt Cement Price Index. Given this and the external pressure being brought to bear by the asphalt industry, staff of the City of Saint John also adopted this approach for contract pricing in 2009. The following is a brief overview of the price index formula created by the Ontario Ministry of Transportation and subsequently included in the tender call documents. 6 PAGE TWO BACKGROUND CONT'D: MTO Performance Graded Asphalt Cement Price Index: A payment adjustment for the change in price between the time the tender opening for the contract and the time of order of the asphalt concrete will apply to the quantity of asphalt cement/binder and will be calculated as follows if the price index between the two (2) months differs by more than 5% PA = Payment adjustment for asphalt cement / binder in dollars T = PG asphalt cement/binder price index for the month of tender opening P = PG asphalt cement/binder price index for the month of paving Q = Quantity of asphalt cement/binder in tonnes When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P - 1.05T) x Q When P < 0.95 T, the Owner receives a credit as follows: PA = (0.95T - P) x Q ANALYSIS: There are traditionally two seasons for asphalt, the normal constriction season when production is high and product is readily available and the pre and post constriction seasons when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre-season, another price for the constriction season and if necessary a third price for the post season. Three suppliers responded to the City's tender call by submitting bids. A summary is enclosed for Council's consideration. Staff of Municipal Operations and Materials & Fleet Management have reviewed the tenders received and have found them all to be complete in every regard. Council will note, that the prices contained on the enclosed summary indicate that Lafarge Canada are low bidder for the constriction season of May 11, 2009 through November 13, 2009 while Classic Constriction is the lowest bidder before and after the constriction season. The tender allows for award along these lines. 7 PAGE THREE FINANCIAL IMPLICATIONS: The total estimated cost of this supply agreement, for the 2009 season, and using estimated quantities based on the 2008 actual usage and if awarded as recommended, will be approximately $329,684.00 plus HST. It is understood that this is not a firm, fixed cost, as quantities are based on previous year's estimates that are subject to change given available funding and as a result of the incorporation of the MTO Price Index. This is a planned expenditure and as such, finds to cover the cost are included in both the operating and capital budgets of the Municipal Operations Dept. RECOMMENDATION: It is recommended that the tender for the supply of asphaltic concrete mixes for the 2009 season be awarded to the lowest bidder in each case as indicated on the enclosed summary of bids. ~r David Logan, CPPB Purchasing Agent T. L. Totten, FCA City Manager s City of Saint John Tender Summary 2009-561001T Asphaltic Concrete Mixes Classic Construction LaFarge Canada Inc . Debly Enterprises 2008 pricing Season Item Description Before Construction After Before Construction After Before Construction After Before Construction After Season Season Season Season Season Season Season Season Season Season Season Season 1. T'pe B '$93.00 $82.20 '$93.00 $97.75 *$71.95 $97.75 $95.06 $80.90 $95.06 $75.00 $68.50 $75.00 2. T°pe D *$99.00 $91.80 '$99.00 $103.25 *$77.35 $103.25 $102.00 $86.50 $102.00 $77.00 $73.50 $77.00 3. Type E *$110.00 $101.00 *$110.00 $105.75 *$79.35 $105.75 $110.80 $94.30 $110.80 $79.00 $75.50 $79.00 4. Curb Mix *$110.00 $101.00 *$110.00 $105.75 *$79.35 $105.75 $128.55 $109.40 $128.55 $79.00 $75.50 $79.00 Opening Date March 17, 2009 Ma_v 11, 2009 Maur 04, 2009 Closing Date December 11, 2009 November 13, 2009 November 30, 2009 Location of Plant 90 Paddv's Hill 750 Bavside Drive 170 Ashburn Road * Indicates Recommendations 9 REPORT TO COMMON COUNCIL } City of sent John M & C - 2009-78 March 20, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Traffic Paint BACKGROUND: As in previous years, the cities of Fredericton, Edmundston and Saint John call a joint tender for the supply of traffic paint for the roadway surfaces. In 2004, in an effort to extend the road life of the paint used, the Cities purchased a new product identified as Premiunf/High Performance Traffic Line Paint. This product has proven to be superior to previous paint used and once again this year, the cities jointly requested pricing for this product. ANALYSIS: This year's tender call resulted in receiving only one bid from Ennis Paint Canada who are the sole distributor of traffic paint in the Atlantic Region. Staff from the City of Fredericton, City of Edmundston and the City of Saint John's Materials & Fleet Management Division and the Municipal Operations Department have reviewed the tender received from Ennis Paint Canada and have found it to be complete in every regard. A summary of the pricing as it applies to the City of Saint John, is enclosed for your consideration. 10 PAGE TWO FINANCIAL IMPLICATIONS: Based on the quantities estimated and the prices quoted, the City will spend approximately $46, 675.52 plus HST to purchase street marking paint in 2009. This is an annual expenditure and as such, funds are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender for the supply of Premiunf/High Performance Traffic Paint be awarded to Ennis Paint Canada ofRichibucto, NB as indicated on the enclosed summary of bids. Respectfully submitted, w David Logan, `PPB Purchasing Agent T.L. Totten, FCA City Manager 11 R"EPORT TO COMMON COUNCIL M & C - 2009-74 March 30, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAME CHANGE BACKGROUND: city of Saint John The section of'road between Kitchener Street and Somerset Street is currently part of Barker Street (see map below). This is confusing to emergency service providers and the public in general because of the way traffic flows in the area. This section of road appears to be part of Magazine Street rather than Barker Street. Also, because of recent demolitions, there are no longer any buildings addressed on this portion of Barker Street. In staff s opinion, this would be the opportune time to rename the section to Magazine Street. This change will result in increased clarity for the public and emergency service providers. RECOMMENDATION: It is recommended that Common Council approve the following change: Rename the section of rue Barker Street between rue Iii chener Street rue Somerset Street to rue Magazine Street 1 Respectfully submitted, ra Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 12 I i' . r~- T W The City of Saint John March 11, 2009 Mayor and Council Re: Public Record of Motions A look at the table of motions indicates the magnitude of business generated from even just one meeting of council. For the most part much of the motions have been carried through (completed) with the majority of the remaining in progress - the 'in progress ones' typically hinge on a committee being formed or the gathering of information which may take some time. In terms of a general observation and comment, I understand that the public has not been able to access this document. I believe they should, if not for the simple reason that all the motions are in fact public already. But much larger than that reason, council and administration must recognize that the public is an integral component in the functioning of an open government. Council members construct their motions based on: staff reports; observations of the community; observations and knowledge of administrative and management processes; knowledge of programs; request by citizens or community groups, and, through consultations with citizens. Essentially, motions may be considered a measurement of the judgment and skills of council members collectively and as individuals in carrying out what is in the best interest of the city. It would follow, naturally, that the public has a vested interest i'n accessing this measurement of performance of the council members they elected. A running and publically accessible record of motion status would be a mechanism towards providing open, accountable and transparent government. It also serves as a reference point for staff and council members to what progress is being made on the business of the city. Moreover, with this reference point being set against the knowledge that public also has access to it, with the expectations of action being undertaken increases the level of accountability - again another measure of performance of both staff and council members by the public. Motion: Council direct the Clerk's office will to keep current this the motion list and make it available publicly. Sincerely, (Received by e-mail) Deputy Mayor Chase SAINT JOHN P.O. Box 1971 Saint John, SIB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 13 ~a The City of Saint John March 11, 2009 Your Worship Mayor Ivan Court and Fellow Members of Common Council Re: Saint John West Business Association "Business Improvement Area." At the Common Council meetings of March 17 18, 2008, there was a recommendation from the City Manager that advertisements be prepared for a public hearing concerning a Business Improvement levy for the West Side. Since that time a number of correspondence has traveled back and forth from the Business Association and City Hall inquiring about where this file sits in relation to being sent onto the next stage of its implementation. Whereas this request by the West Side Business Ass. to Council has already been properly dealt with by Council, I therefore bring forward the following motion: That staff prepare and advertise for a public hearing required to create a Business Improvement Area in West Saint John and that this be advertised within the next 5 working days. Respectfully, (received via einai6) Bill Farren Councillor, Ward 1 `I,hc City of Saint John -F t~ SAINT JOHN P.0, Box 1971 Saint Jahn, NB Canada E L 4L1 I vwww-v.saintJohn.ea I CA 1971 Saint. Jahn, N.-B. Canada E2L 4L1 14 ~J The City of Saint John March 11, 2009 Your Worship Mayor Ivan Court and Fellow Members of Council Re: Public Inauirv into Citv Pension Plan Your Worship, as you know in November of 2005 a motion was passed by this Council that a committee of three be established to bring back to a recommendation of engaging independent Legal counsel to explore the feasibility of proceeding to a public inquiry of the City of Saint John Pension Plan under our City's legislation. This motion was referred to the Nominating Committee for selection of the committee members. I am wondering when the Nominating Committee will be dealing with this issue and I want to state that I am willing to sit on this new committee. Motion: That a discussion be had on this issue and this document be received and filed. Respectfully, (received via email) Bill Farren Councillor, Ward 1 The City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wn w.saintyahn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 15 The City of Saint John March 16, 2009 Deputy Mayor Chase And Councillors SUBJECT: Appointments to Committees The Nominating Committee having met earlier today, makes the following recommendations: Feasibility of a Public Inquiry of the Pension Plana: given that a session was held where the public and Council members asked questions of, and received responses from the Pension Board's advisors, that Council vote on whether to have a public inquiry of the pension plan. Saint John Port Authority: that advertising, proceed to solicit interest in the City's representation on the Saint Jahn Part Authority which will be vacant in May, 2009. Sincerely, L6."~ Ivan Court Mayor .4 SAINT FOHN P.O. Box 1971 Saint John, NB Canada E2L 40 ~ wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 16 ti T~4(./~•- The City of Saint John 3/12/09 Your Worship Ivan Court Members of Common Council City of Saint John Lear Mayor Court and Members of Council Motion: Staff employed by the City of Saint John shall answer the question of a member of Common Council unless; 1) The information would breach the province of New Brunswick's Protection of Personal Information Act. 2) Gathering the information would take significant time away from the employee's regular duties. In the ease of #1 above the particular section of the Protection of Personal Information Act shall be referenced.. In the case of exception #2 above, the employee shall provide a time when the information will be available. In order for councillors to research practices and policies followed by the Corporate City of Saint John they must have ready access to information. Cooperation from staff is essential for the crafting of good policy. I have found responses from staff to be inconsistent to my requests for information. While most staff I have worked with have been very cooperative and helpful, f have heard the line "if that is Council's wish" more than once, and then not had a reply to my question. Through this motion I would like to make it plain that staff shall respond to individual Councillor's requests for information. It is difficult to awake informed decisions without information, and an inefficient use of time to bring difficult decisions to Council. With this motion as POLICY for the City of Saint John, staff may be held directly accountable should they decide not to supply the requested information, Respectfully Submitted (received via eonail) r Sullivan SAINT JOIN RO. Box 1971 Saint John, NB Canada E2L 4L1 I ww.+w,saintlohn.ca I CA 1971 Saint John, N.-B. Canada ER 40 17 CHAPTER P-14.1 Protection of Personal Information Act CHAPITRE P-19.1 Lai sur la protection des renseignements personnels ;assented to 1aebruai-v 26, 1998 Chapter Outline Definitions ...1(11 agent -agent personal information - renseignernent personnel public budy organisnte public Statutory Code of Practice Code de pratique statutaire Identifiable iudividuaL 1(2), (3) Statutory Code ol'Practicc... . . .....2 Ornbudsinan.. . . . . . 3 Ri hl to lratin-merlion .4c.l. . . . . 4 Other Act or law .....5 Offences . . . . . . . . . . . . . . . . . . .6 Regulations .....7 Consequential amendments. . . . . . . . . . . . . . . . . . .8,. 9 C'ornmencement . . . . . ....l0 SCHEDULE A SCHEDULE B Scinc•tionnee le 26fivricr 19481 Sen-i111aire Munitions ...1(l ) agent agent Code de pratique statutaire - Statutory Code of Practice organisme public public body renseignement personnel - personal information Particulier identifiable 1(2).(3) Code de pratique statutaire . .2 Onlbudsimn.... . .....3 Loi sur tc droi£ ri Piglbrrilulion . . . . ...4 Autre loi ou droil . . . . . . . . .5 Infractions, . . . . . . . . . . . . . . . . .....b l'~eglerne;nts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Modifications correlatives . . . . . . . . . . . . . . . . . . . . . . . .8, 8,9 Env& en vigueur . . . 10 ANNEXE A ANNEXE B 18 Cha1a. P-19,1 Loi sur lo prolection cles renseigneincnts per•SorrnelS Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick;., enacts as fol- lows: 1(l) In this Act "agent" means (a) a person who collects personal information for a public body, and (h) a person to whom a public body discloses personal information so that the person may provide a service on behalf of the public body; "personal infornation" means information about an identifiable individual, recorded in any form; "public body„ rneans (a) a body to which the Right to Ira%orratation ,stet ap- plies, and (h) any other body, designated by regulation, that is established by a body referred to in paragraph (a) or by a public Act of New Brunswick, "Statutory Code ofPractice" means the code of practice set out in Schedule A, Sa Majesty, Sur 1'avis et du consentement de t'A.ssern- We ]cgislative du .Nouveau-Brunswick, dccrcte : 1(l) Fans la presente loi « agent » designe (r) une personne qui recucille des renseignements per- sonnels pour un organisrne public, ct h) une personne a qui un organisme public divu'Igue des renscignements personnels pour qu'elle puisse ren- dre un service au nom de l'organisme public; a Code de pratique statutaire » designe le code de pra- tique etabli a I"Annexe A; orgarlisme public s> designe ct) un organisme auquel la Loi star lc" clroit it l Vglbr- nrcrtion s'applique, et h) tout autre organisms, designs par reglement, qui est etabli par un organisme vise n 1'alinea a) ou par une loi d"interet public du Nouveau-Brunswick; u renscignement personnel » dcsigmc tn7 renscignement sur un particulier identifiable, enregistre sous quetque forrne que se soil. 1(2) Information that relates to an identifiable individual but is collected, used or disclosed in a form in which the individual is not identifiable is not personal information when so collected, used or disclosed, 1(3) An individual is identifiable for the purposes of this Act if (a) information includes his or her name, (h) information makes his or her identity obvious, or (c) information does not itself include the name of the individual or make his or her identity obvious but is likely in the circumstances to be combined with other information that does, 2(l) Every public body is subject to the Statutory Code of Practice. 1(2) Les renscignements qui eoncernent un particulier identifiable mais qui sent recucittis, utilises ou divulgues sous une forme daps laquelle le particulier nest pas iden- tifiable ne constituent pas des renseignements personnels lorsqu'ils sont recucillis, utilises ou divulgucs de cette fa- on. 1(3) Un particulicrest identifiable aux fans de la presente loi si des renseignernents a) cornprennent son nom, h) rendent evidente son identite, ou c) ne comprennent pas son nom ou ne rendent pas evidente son identite mais soot susceptibles daps les circonstances d'etre adjoints d d'autres renseignements qui cornprennent son nom ou rendent son identite evi- dente. 2(I) Tout or'ganasme public est sournis au Code de pra- tique statutaire.. 2 19 Protection of Personal hrfi)rmalion Act 2(2) The Statutory Code of Practice shall be interpreted and applied in accordance with Schedule B and with any regulations made under paragraph 7(b). 3(l ) The C7mbudvman Act applies to this Act and to the activities of any public body under it, whether or not that public body is otherwise subject to the 0117l udm7an Act. 3(2) Subject to sections 4 and 6, any complaint of"a vi- olation of this Act shall be made to the Ombudsman. 4(1) In relation to a public body to which the Right to Irif n-ination Act applies, an individual may enforce under that Act any right to information that this Act confers. 4(2) Subsection (1) does not confer any right to obtain under the Ris;ht to Ir7fi)nnation Act information to which there would not otherwise be a right unifier that Act. 5(1) Nothing in this Act displaces any duty of confiden- tiality that exists in relation to personal information under any other Act or law. 5(2) Where another Act confers on a public body, or an officer or employee ofa public body, a discretion that may be exercised in relation to personal information, that body or person shall have regard to this Act in the exercise of that discretion, to the extent that the other Act allows. 6(l) A public body, or an officer, employee or argent of a public body, who collects, uses or discloses personal in- formation in wilful contravention of Principles 3, 4 or 5 of the Statutory Code of Practice commits an offence pun- ishable under Part 11 o~fthe Provincial C)fft~ncc Procedure Act as a category F offence. 6(2) A person to whom a public body discloses personal information on terms that lianit the further use or disclosure of the information, and who wilfully contravenes those terms, commits an offence punishable tinder Part 11 of the Provincial Qjerrces Procedure Act as a category F of- fence. 7 The Lieutenant-Governor in Council may snake rcgu- lations Chap P-19.1 2(2) Le Code de pratique statutaire doit titre interprets ct applique confonnement a ]'Annexe B et a tous regle- rnents 6tablis en vertu de Palinea 7b). 3(1) La Loi star ['01771 utisrntan s'applique a la presente loi et aux activites de tout organisme public etabli sous son regime, que cet organisme soft ou non assujetti de toute autre maniere a ]a l of sur 1'[7rrtbtta`; man. 3(2) Sous reserve des articles 4 et 6, toute plainte contre Line infraction a la presente loi doit ctre portse levant FO nbudsman. 4(7) Un particulier peat, relativement a un organisme public auquel la1.oisur leehwit u I "information s'applique, exercer en vertu de cede loi tout droit a Pinformation que confere la presente loi. 4(2) Le paragraphe (1) tic confere aucun droit d'obtenir des renseignements en vertu de la Loi stn- Ie droit 6 1'in- 1607101iort qui tie pourraient de toute autre fa~on care obtenus en vertu de cette loi. 5(1) Aucune disposition de ]a presente loi tie supprinne ]'obligation de contidentialite a FBard des renseigne- ments personnels imposee par toute autre loi on droit. 5(2) L.orsqu'une autre loi accorde a un organisme pu- blic, ou a un dirigearit ou a tan employe dun organisme public, un pouvoir discrstionnaire qui petit titre exerce re- lativement a des renseignements personnels, cet orga- nismeou cette personne doit prendre en consideration la presente loi Bans 1'cxercice de cc pouvoir discretionnaire, daps la mesure ou Fautre loi lc pertnet. 6(l) Comtnct une infraction punishable en vertu de la Partie 11 de ]a Loi stir' 1a proc~ lure relative aux hifiwc•tions provinciales a titre ('infraction de la classe T', tout orga- nisme public, ou tout dirigeant, tout employe ou tout agent d'un organisme public qui recucille, utilise ou divu(guc des renscignetnents personnels en contravention d6liber6c du Principe 3, 4 ou 5 du Code do pratique statutairc. 6(2) Com.met unc infraction punishable en vertu de la Partic 11 do IaLoi sur lahrocedure relative anx igfractions I)rovinciale,s a titre d'infraction de la classc F, toute per- sonne a qui un organisme public divulgue des renscigne- ments personnels a des conditions qui limitent ]'usage ou la divulgation ultdrieurs des renscignements et qui dclibs- rcment contrcvient a ces conditions. 7 Le lieutenant-gottverneur en conseil peut etablir des reglements 20 Chap. P-19.1 Loi surr la protection cles renseignements persolmels (a) designating bodies as public bodies, a) designant des organismes a titre d'organisrnes pu- blics; (h) snaking special provision respecting the interpre- tation and application of the Statutory Code of Practice in relation to h) prenant des dispositions speciales relativement a Pinterpretation et a l'application du Code de pratiquc statutaire relativement (i) particular public bodies, (ii) particular kinds of personal information, or (iii) particular activities involving the handling of personal information; (c) respecting forms to be used under this Act; (d) respecting procedures to be followed under this Act; (c) respecting fees payable under this Act; (f) respecting exemptions from this Act for personal information, or for any arrangement for the manage- ment of personal information, that exists on the com- mencement of this Act. 8(1) Section 1 of the Archives Act, chapter A-11.1 q f, the Acts of New Brunswick, 1977, is amended. (a) by adding= after the definition "hospital corpo- ration "tire following: "identifiable individual" means an individual who can be identified by the contents of information because the information (cr) includes the individual's name, (h) stakes the individual's identity obvious, or (c) is likely in the circumstances to be combined with other information that includes the individual's name or stakes the individual's identity obvious; (b) by repealing; the definition "personal informa- tion " andsubstituting the following: (i) a des organismes publics partiersliers, (ii) a des genres particuliers de renseignements personnels, ou (iii) Ades activites pas-ticulieres comportant le. trai- tement des renseignements personnels; c) concernant les formules A Utiliser en vertu de la presenteloi; d) concernant les procedures a sUivrc en vertu de la presente loi; e) concernant les droits a payer en vertu de la presente loi, f) concernant les exemptions a la presente loi en ma- ticre de renseignements personnels ou de n,esures rela- tives A la gestion des renseignements personnels, qui existent logs do 1'entree en vigucur de ]a presente loi. 8(1) L'article I de la Loi sur les Archives, ehapitre A-11.1 des Lois der Alouveau-Brunswick de 1977, est modif i a) par l'adjonction apres la definition as Ministre u de ce qui suit : particulier identifiable » designe rrn particulier qui peut Metre identifie par le contenu de renseigncinents qui a) cornprennent son nom, h) rendent son identite evidente, on sont suseeptibles daps tes circonstances rl'etre ad- joints a d'autres renseignements qui comprennent son nom ou rendent son identite evidente; b) par l'abrolation de la definition as renseignement personnel o et son remplacenrent par ce qui writ : "personal information" means information about ail <r renseignement personnel » designe un renseignement identifiable individual; sur un particulier identifiable; 4 21 Protection o,l'PerronalInfin-mation Act Chop. P-19.1 8(2) Subsection 10(-3)oftheActisamended byadding 8(2) Le paragraphe 10(3) de la Lai est modiflW par after paragraph (b) the following: Padjonction apres Palinea b) de ce qui suit : (1).1) would reveal personal information concerning the applicant that (i) was provided by another person in confidence, or is confidential in nature, or (ii) could reasonably be expected to threaten the safety or mental or physical health of the applicant or another person; 9(l) Section 1 of the Right to InforrnationAct, chapter R-10.3 of the Acts of Nero Brunswick, 1978, is amended (a) by adding after the definition "hospital corpo- ration " the. following: b.1) pourrait devoiler des renseignements personnels sur le demandeur- qui (i) ont ete fournis par une autre personne a titre confdentiel, ou qui sort de nature confidentielle, ou (ii) pourraient raisonnablernent menacer la secu- rite ou la santd rmentale ou physique du demandeur° ou d'une autre personne; 9(1) L'article 1 de la Loi srzr le droit d l'irzfor•niatiorr, chapitre R-10.3 des Lois du Nouveau-Brunswick de 1978, est rrzodifre et) par Pu4jonction apres la definition o winistre competent r, de ce qui suit : "identifiable individual" means an individual who can « particulier identifiable r> designe un particulier qui be identified by the contents of information because the peut titre identifie par le contenu de renseignements qui information (a) includes the individual's narne, (h) makes the individual's identity obvious, or (c) is likely in the circumstances to be combined with other information that includes the individual's name or snakes the individual's identity obvious, (b) bjr repealing the definition "personal informa- tion "and substituting the following: "personal information" means information about an identifiable individual; a) comprennent son nom, 17) rendent son identite cvidente, ou c) sent susceptibles Bans les circonstances d'etre ad- joints a d'autres renscignements qui comprennent sont nom ou rendent son identite evidente; b) par Pabrogation rte la definition a renseignement personnel o et son remplacement par ce qui suit : « renscigncrnent personnel » designs un renscigncrnent sur un particulier identifiable. 9(2) The Act is amended by adding after section 2 the 9(2) La Loi est rnodifice par l'adionction apres l'arti- following: cle 2 de ce qui suit : 2.1 Without limiting section 2, subject to this Act, every 2.1 Sans restreindre la portee de ]'article 2 et sous re- individual is entitled to request and receive information serve de la prdsente loi, tout particrrlier a le droit de about himself or herself. demander et de recevoir toute information sur tui-mernc. 9(3) Section 6 of the Act is amended by adding after paragraph (b) the following: 9(3) L'article 6 de la Loi est modifre par Pagljonction apres Palirrea b) de ce qui writ : (b. 1) would reveal personal information concerning the applicant that (i) was provided by another person in confidence, or is confidential in nature, or b.1) pourrait devoiler des retiseignements personnels concernant le dernandcur qui (i) ont etc fournis par uric autre personne a titre confidentiel, ou qui sont de nature confidentielle, ou 22 Ch(q). P-19,1 Loi sarr• lei Pr'oteCtivrr cleS rWtsei nemen(v personnels (ii) could reasonably he expected to 'threaten the (ii) pouzraient misonnahlement menacer la secu- safety or mental or physical health of the applicant rite ou la sante mentale ou physique du demandeur or another person; ou d'unc autre personnc; 10 This .let or any provision of it comes into.foree on 10 La presente loi ou Pune guelcongare de ses dislrosi- a clan or dizvs to be f ved bj, proclamation. tiorzs entre era vigueur c la date ou arrx dotes frxeec par proelumatiom 23 Pr°otectiort ol'Persoiwl hifi -malion .9ct Chap. P--15.1 Schedule A Annexe A The Statutory Code of Practice Code de pratique statutaire Principle 1: Accountability A public body is responsible for personal information un- der its control. The chief executive officer of a public body, and his or her designates, are accountable for the public body's compliance with the following principles. Principe I : Responsabilite Un organisme public est responsable des renscignernents personnels dont it a la gestion. Lc directeur- cxecutif d'un organisrne public et ses representants doivent s"assurer du respect par Forganisnic public des principes suivarits. Principle 2: Identifying Purposes The purposes for which personal information is collected shall be identified by the public body at or before the time the information is collected. Principle 3: Consent The consent of the individual is required for the collection, use, or disclosure of personal information, except where inappropriate. Principle 4: Limiting Collection The collection of personal information shall be limited to that which is necessary for the purposes identified by the public body, Information shall be collected by fair and lawful nicans. Principle 5: Limiting Use, Disclosure and Retention Personal information shall not be used or disclosed for purposes other than those for which it was collected, ex- cept with the consent of the individual or as required or expressly authorized by law. Personal information shall be retained only as long as necessary for the fulfilment of those purposes. Principle 6: Accuracy Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. Principle 7: Safeguards Personal information shall be protected by safeguards ap- propriate to the sensitivity of the information. Principe 2 : Determination des fins de la collecte Les fins pour lesquelles les renseignernents personnels soot recucillis doivent titre d6terniin6cs par- l'organisrne public avant ou au moment do la collecte. Principe 3 : Consentement Tout particulier doit consentir a toute collecte, utilisation ou divulgation de renseignements personnels, a moins qu'il ne soit pas appropric de le faire. Principe. 4 : Limitation do la collecte L'organisnle public ne pent recueillir clue les renseigne- ments personnels necessaires aux fins determinees et doit proceder de fa5:on honn6te et licitc. Principe 5 : Limitation de Putilisation, de la divul- gation et de la conservation Les renseignernents personnels ne doivent pas titre utilises ou divulgues a des fins autres clue celles auxquelles ils ont &6 recueillis, a nioins que le particulier n'y consente ou que la loi ne 1'exige ou ne 1'autorisc expressdrnent. On lie doit conserver les renseignernents personnels qu'aussi longtemps que necessaire pour la r6alisation des fins de- terrninees. Principe 6 : Exactitude Les renseignernents personnels doivent titre aussi exacts, complets et a jour que 1'exigent les fins pour lesquelles ils doivent titre utilises. Principe 7 : Dispositifs de protection Les renseignernents personnels doivent titre proteges par des dispositifs de protection correspondant a leur degrc de sensibihte. 24 Chop. P-14.1 Loi sur la protection ele.s 1•ci2scigncinent.s p r,sonnety Principle 8: Openness Principe 8 : Transparence A public body shall inake readily available to individuals specibc information about its policies and practices relat- ing to the management of personal information. Un organisnic public doit met.tre a la disposition des par- ticuliers des renseignerncnts pr6cis sur ses politiques et ses pratgces concernant la gestion des renseignements per- sonnels. Principle 9: Individual Access Upon request, an individual shall be inforined of the ex- istence, use and disclosure of his or her personal intbrina- tion and shall be given access to that information, except where inappropriate. An individual shall be able to chal- lenge the accuracy and completeness of the information and have it amended as appropriate. Principle 111: Challenging Compliance An individual shall be able to address a challenge con- cerning compliance with the above principles to the indi- vidual or individuals accountable for the public body's compliance. Principe 9 : Accits individuel Un organisine public doit informer tout partierrlicr° qui en fait la demande de Pexistence de renseignernents person- nels qui le concernent, de ]'usage qui en est fait ct du fait qu'ils on( eta divtdguds a des tiers et lui perinettre de les consulter, a rnoins qu'il ne soit pas approprie de le faire. 11 sera aussi possible do contester- 1'exactitude et 1'etat cornplet des renscignernents et d'y faire apporter les cor- rections approprices. Principe 10 : Possibilite de porter plainte contre le non-respect des principes Tout particuher doit titre en rnesure de se plaindre du non-respect des principes indiqurs plus haut en commu- niquant avee le ou les particuliers responsables de les faire respecter au scin de 1'organisme public. 25 Pr oteclion of Personal Iglbrination Act Owl), P-19.1 Schedule B Annexe B Interpretation and Application of Interpretation et application du the Statutory Code of Practice Code de pratique statutaire The provisions of the Statutory Code of Practice that are referred to in this Schedule shall be interpreted and applied in accordance with this Schedule. .Les dispositions du Code de pratique statutaire qui sont visecs dans la presente annexe doivent titre interpretees et appliquecs conformdment a la presente annexe. Principle 2: Identifying Purposes 2.1 The purposes identified by the public body must di- rectly relate to an existing or proposed activity of the public body. 2.2 The public body must document, in relation to any personal records system, the purpose or purposes for which the personal information in the system is held. 2.3 A "personal records system" is a computerized or manual records system which contains information about individuals and which is structured in such a way that in- formation about specified individuals can be easily recov- ered. Principle 3: Consent 3.1 Consent may be express or implied. 3.2 The actions for which consent can be implied are those that an individual should reasonably expect the pub- lic body to take, and would be unlikely to disapprove of, having regard to (a) the nature of the personal information in question, including whether it is or is not sensitive or confidential, (b) any benefit or detriment to the individual, (c) any explanation that the public body has given of its intended actions, (d) any indication that the individual has given of his or her actual wishes, and (e) the ease or difficulty with which the actual wishes of the individual might be discovered. 3.3 Consent can be given by a parent, guardian or other representative of the individual in appropriate circurn- stances. Principe 2 : Determination des fins de la collecte. 2.1 Les tins determinees par 1'organisme public doivent se rattacher directernent a Line de ses activites existantes ou proposdes. 2.2 L'organisme public doit documenter, relativement a tout systeme d'enregistrement des renseignernents per- sonnels, la ou les fins pour lesquelles les renseignements personnels sont conserves dans le systenne. 2.3 Un a systenie d'cnregistrernent des renseignernents personnels est un systr me d'enregistrement informatise ou rnanuel qui contient des renseignernents sur des parti- cutiers et qui est organise de manidre it dormer facilement acces a des renseignemcnts sur des particuliers spccifi- ques. Principe 3 : Consentement 3.1 Un consentement peut We expresso ou tacite, 3.2 Les ►nesures pour lesquelles un consentement petit titre tacite sont celles que to particulier devrait raisonna- blement s'attendre A voir prendre par Porganisme public, et qu'i1 n'est pas susceptible de desapprouver, cu egard a a) la nature des renseignernents personnels err ques- tion, y compris la question de savoir si les renseigne- ments ont ou non Line nature sensible ou confidentielle, b) tout avantage ou inconvenient pour lc particulier. c) toute explication que 1'organisrne public a donne des mesures qu'il entend prendre, d) toute indication que le particulier a donne de scs desirs reels, et e) la facilite ou la diffrculte aver laquelle les ddsirs reels du particulier peuvent ctre identifies. 3.3 Un consentement pent titre donne par urn parent, un tuteur ou un autre representant du particulier selon les cir- constances. 26 Chap. P-19..1 l.oi sur laprolection des renseignements personnels 3.4 Consent is not required when a public body collects, 3.4 Un consentement nest pas requis lorsqu'un or-,-,a- uses or discloses personal information nisrne public rectieillc, utilise ou divulguc des renscigne- ments personnels (ca) to protect the health, safety or security of the pub- lic or of an individual, (11) for purposes of an investigation related to the en- forcernent of all enactment, (c°) to protect or assert its own lawful rights or those of another public body, including lawful rights against the individual. (d) to verify the individual's eligibility for a govern- ment program or benefit for which the individual has applied, (c:) for purposes of legitimate research in the interest of science, of learning or ofpublic policy, or fair archival purposes, (J) as required or expressly authorised by law, or (g) for some other substantial reason in the public in- terest, whetheror not it is similar in nature to paragraphs (a) to (1), 3.5 A public body may disclose personal information underparagraph 3.4(g) in furtherance of the public interest in open government. U) pour proteger ]a santd ou la security du public ou d'un particulier, h) aux tans dune enquete liee a 1'execution dune inesure ldgislative, c•) pour proteger ou affinner ses propres droits legaux ou ceux d'un autre organisme public, y compris des droits legaux contre le particulier, d) pour verifier l'admissibi]itd du particulier a un pro- gramme au a unc prestation gouvernelnental pour le- quell ]c particulier a fait une demande, e) pour Ics fins de toutc recherche ldgitimc faite dans Pint&& de la .science, de 1'enseignement ou do 1'ordre public ou pour des travaux d'archives, f) tel que requis ou expressement autorise par la loi, ou fir) pour toute autre raison importante daps 1'intyret du public, qu'cllc suit our non seinblable a ccllc des alincas a) a f). 3.5 Un organisme public peut divulguer des renseigne- ments personnels en vertu de 1'alinea 3.4g) dons l'interct du public de rendre le gouvernement plus transparent. 3.6 Before collecting, using or disclosing personal in- formation without consent under paragraph 3.4 or 3.5, a public body shall consider the nature of the information in question and the purpose for which it is acting, and shall satisfy itself that in the circumstances that purpose justifies the action proposed. 3.7 Any collection, use or disclosurcof personal infor- mation without consent shall be limited to the reasonable requirements of the situation. Principle 4: Limiting Collection 4.1 A public body may collect personal information 3.6 Avant de recueillir, d'ut.iliser ou de divulgucr des renseignements personnels sans consenternent en vertu du paragraphe 3.4 ou 3.5, tin organisms public doit prendre en consideration la nature des renseignements en question et la fin des mesures qu'il prend, et doit se convaincre que dans les circonstances cette fin justifie Ies mesures proje- tees. 3.7 Toute collecte, toute utilisation ou toute divulgation de renseignements personnels sans consentement doit se limiter aux exigences raisonnables de la situation. Principe 4 : Limitation de la collecte 4.1 Un organisme public peut recueillir des renseigne- Inents personnels aupri s (ca) from the individual, 0 du particulier, 10 27 Protection raf 'Per.`onul hifbrinution ,4ct (h) from another person with the individual's con- sent, (c°) from a source and by means available to the public at large, (d) from any source if the public body is acting under paragraphs 3.4 to 3.7. 4.2 An individual shall not be refused a service or benefit because he or she declines to provide personal information which is not necessary for a legitimate purpose of the pub- lic body. Principle 5. Limiting Use, Disclosure and Detention 5.1 A public body may discharge its obligation not to retain personal information by converting that information into non-identifying; form. 5.2 Personal information that is maintained outside a personal records system and is not readily accessible to a person who has no prior knowledge of' the information shall be decried to be converted into non-identifying form when the use of the information ceases. Principle 7: Safeguards 7.1 The safeguards to be adopted include training and administrative, technical, physical and other measures, as appropriate in the circu.onstances, and include safeguards that are to be adopted when a public body discloses per- sonal information to a third party or snakes arrangements for a third party to collect personal information oil its be- half. Principle 9: Individual Access 9.1 A public body to which the Right to Iglbrination .4et applies may only refuse to provide an individual with personal information relating to himself or herself if the individual would have no right to that information under the Right to InIbrrricrtion Act, 9.2 A public body to which the Right to Iriforinotion .4et does not apply shalt establish a procedure comparable to the procedure in that Act for the purpose of ensuring Chap, P-15.1 h) d'une autre personne avee le conscnterrient du par- ticulier, c•) dune source ct par des nloyens qui sont a la dis- position du grand public, d) de touts source si Porganisrne public agit en ver_u des alincas 3.4 a 3.7. 4.2 11 est interdit de refuses tout service on totIte presta- tion a un particulier qui refuse de fournir des renseigne- ments personnels qui ne sont pas necessaires pour UnC fill legitirnc de 1'organisiric public. Principe 5 : Limitation de l'utilisatlon, de la divul- gation et de la conservation 5.1 Un organistnc public pent satisfaire a 1'obligation de ne pas conserver des renseignements personnels en con- vertissant ties renscignernents sous unc forne non identi- fiable. 5.2 Les rensei,gnernents personnels qui sont conserves en deliors d'un syst4me d'enregistreinent des renseigne- ments personnels et qui ne sont pas facilernent accessibles a une personne qui n'a pas de connaissance prealable de ces renseignerents sent reputes titre convertis sous une forme non identifiable lorsque 1'usage des renseignements cesse. Principe 7 : Dispositifs de protection 7.1 Les dispositifs de protection qui doivent etre adoptes comprennent des mesures de foirnation et des mesures ad- ministratives, techniques, physiques et autres, comme it convicrit daps les circonstances, et comprennent les dis- positifs de protection qui doivent titre adoptes quand un organisme public divulgue des renseignements personnels a un tiers ou prend des mesures pour qu'un tiers recucille des renseignements personnels en son norm. Principe 9 : Acces individuel 9.1 Un organistnc public auquel la Los" sur le droit 6 Vhafwniation s'applique ne peut refuscr de fourtir a un particrdier des renseignements personnels qui le con- cement girc Si le particulier n'a aireun droit de ley avoir en vertu de la Loi stir le droit a 1 'h?i 6rniatioii. 9.2 Un organisme public auquel la Loi sur le droit 1i l 'iii&rmation ne s'applique pas doit etablir une procedure comparable a Celle de cette Lai pour s'assurcr clue les par- 28 Chap. P-19.1 Loi sur lei protection d6es renseignerrrerrts personnels that the individual can obtain access to information about ticuliers peuvent avoir accts aux renscigncments qui les himself or herself. concernent. 9.3 The procedure established under paragraph 9.2 may include exceptions to access comparable to those in the Right to lglbrination Ael. 9.3 La procedure etablie au paragraphe 9.2 peut com- prendre des exceptions a l'acccs aux renscignements per- sonnels comparables ii celles de la Loi sur le tlroit u 1 'irr fr~r•rnat ia~. 9.4 When an individual has made a challenge to the ac- curacy or completeness of personal information relating to himself or herself but has not satisfied the public body that an amendment is appropriate, the public body shall note that the individual disputes the information in its posses- sion. Principle 10: Challenging Compliance 10.1 A public body shall investigate in good faith the complaints it receives about its management of personal information and shall take appropriate measures if a com- plaint is found to be justified. N.B. This Act was proclaimed and came into force April 1, 2001. N.B. This Act is consolidated to March 31, 2001. 9.4 Lorsqu'un patliculier a conteste ]'exactitude ou 1'etat complet de renseignements personnels qui le con- cernent mail qu'il n'a pas convaincu l'organisine public qu'une modification s'imposait, l'organisme public doit noter que le particulier conteste les renseignements en sa possession. Principe 10 : Possibilite de porter plainte contre le non-respect des principes 10.1 Un organistme public doit faire unc enquete de bonne foi sur les plaintes qu'il re~oit sur sa gestion des renseignernents personnels et doit prendre les rncsures ap- proprices s'il s'avere qu'une plaints cst jttstifiee. N.B. La presente loi a ete proclamee et est entree en vi- gueur le 1" avri1200 1. N.B. La presente lei est r-efondue an 31 mars 2001. Q(Ii:[.:N', PRI* ITH H)R N17\t t1k20.'NS'WJCK ' IMl'H MRIR DF 1..1 R.IT~F N)LIR U: N(il XFAU-BRINS'\\ 1C'K All riLihts reserved / Toes draits re serve s 12 29 ~s The City of Saint Jahn 3/12/09 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council I am deeply concerned with lack of follow through on several motions passed by Common Council. A promised "teach in" on getting questions answered has not materialized, a committee has not been struck to engage a lawyer to investigate the possibility of a pension plan audit. and after two months there is still no obvious place to recycle at all of our facilities. I realize that as we pass motions in council it adds to workload however these are the marching orders for our staff. My expectations are not consistently being met with regard to either the completion of the motion or a follow up at a reasonable time to update council on the progress to date on the stated initiative. I do not believe it is Council's responsibility to chase staff to find out the status of a duly passed motion, but that it is the responsibility of staff to carry out the instructions in a reasonable time frame (if not expressly stated in the motion) or within the time fame given in the motion. Recommendation Committee of the Whole, in closed session direct our 4 Senior Staff to ensure that the above principals be followed with regards to Council Motions. Respectfully Submitted (received via einail) Clary Sullivan SAT NT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 N www:saintjohn.ca ~ C. 1971 Saint John, N.-B. Canada E2L 41L1 30 0 The City of Saint John March 12, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: West Saint John Recreational Opportunity - Lancaster Kiwanis Field Project With the apparent recreational renaissance occurring in Saint John it would seem to be an appropriate time to examine a recent recreational opportunity put forth by the West Side Community. Led by the Lancaster Kiwanis, through its former President Mr. Jim Sullivan, a significant amount of work was completed on this project. One of the key elements of this project was a synthetic turf field. Currently, the project has lost some momentum but Mr. Sullivan is more than willing to discuss its merits with City officials. Motion: That the City Manager convene a meeting with Mr. Sullivan and appropriate City Staff to discs' he Lancaster Kiwanis Field Project A^~A r Res ctfully submitt~q r I~ Peter McGuire Mll SAINT JOHN P.O. Box 1971 Saint John, NB Canada F2L 40 j www.saintjohn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 31 .-r x ks . . The City of Saint John March 12, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re. West Saint John Economic Development Several months ago I made a motion, which was unanimously adopted by Council, that requested Enterprise Saint John to assign a staff person to examine the economic needs of the West Side of the City. This was to also include the Lower West Side of the City. I am very pleased to inform Council that Mr. Jay Reid has been selected by Enterprise Saint John as their resource person for the West Saint John economic file. Jay is a graduate of UN'BSJ, a West Side resident and has a strong background with both the government and the private sector. He is an extremely strong choice for this needed economic development function. Motion: That this report be received for information Respectfully submitted, Peter McGuire as SAINT JOHN RO.. Box 1971 Saint John, NB Canada E2L 40 N vvww.saintjohn.ca CA 1971 Saint Jahn, N.-B. Canada E2L 4L1 32 O 1 AI^ The City of Saint John March 12, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Westfield Road - area Snow Clearance for Roads and Sidewalks As Mr. Groody prepares his report to Council examining snow clearance for roads and sidewalks I must advocate for the above identified area. Its rural nature does provide some unique challenges but it appears to be an area in need of a new model of operational support. My advocacy to some degree is based upon the number of contacts sent to me over the past several weeks but to a greater extent, the abandonment felt by residents. Motion: That this report be received for information Respec#ullyubmitted, m J eter PV1cGulr SAINT JOHN P~ P.J. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca N C.P. 1971 Saint John, N.-B. Canada E2L 40 33 r" The City of Sant John March 16, 2009 His Worship Mayor Ivan Court And Councillors Subject: Proposed Business West Side Improvement Area Your Worship and Councillors, Background The Saint John West Business Association Inc. began the process of requesting a Business Improvement Area (BIA) for a portion of the west side in 2006. Discussions have taken place on this matter at Council and between the association and City Manager, and the attached reports provide some history on this subject. Based on the City Manager's research and experience of BIA, Council's direction in November 2007 was to advise the West Side Business Association to consider a smaller more focused area. The City Manager had discussions with the association as a result of Council's direction, however the association continued in its assertion that the larger area was appropriate. The City Manager reported this to Council in March, 2008. As a result of this report Council passed the following resolution on March 17/18, 2008. "That as recommended by the City Manager, advertisements be prepared for a Public Hearing required to create a Business Improvement Area in West Saint John in the larger area illustrated in the submitted sketch as requested by the Saint John West Business Association". Subsequent to March 2008, 1 had ongoing communication with the Saint John West Business Association to collect the necessary documents to prepare for the advertisement. The proper documentation was finalized in the fall of 2008 at which time I contacted the province to advise them of our intention to advertise the proposed BIA. Mr. Wayne Smith of the Provincial Department of Local Government communicated to me that he thought the proposed area was too large and inappropriate, and wanted to meet with the association to discuss the matter. Discussions between the province and the association took place, and early in 20091 was advised by Mr. Smith that he met with the association and advised that he would not be recommending the BIA as it is proposed. I then contacted Mr. Boyle of the association and he informed me that he would be addressing the issue at their March meeting, and would advise of the outcome. Mr. Boyle called me last week to inform me that, notwithstanding Mr. Smith's recommendation, the membership of the association resolved not to alter the area in its request for the BIA. W' SAI N, j OH P.O. Box 1971 Saint John, NB Canada E2L 4L1 I mvw.,auntjohn.ca I CA 1971 Saint John, N.-B. Canada ER 41-1 34 Summary Mr. Smith of the Department of Local Government advised that the proposed area is not appropriate under the Business Improvement Area Legislation, and that he will not be recommending approval to the Minister. The West Side Business Association has advised that it is not prepared to alter its application. As directed by Council the advertisement is prepared, and we now need Council's direction to advertise the proposed West Side Business Improvement Area or to deny the request of the Saint John West Side Business Association as submitted. Sincerely, Elizabeth Gormley Common Clerk attachments 35 M & C - 2008-44 March 12, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Westside Business Improvement Area (BIA) BACKGROUND: On November 19, 2007 a report recommending that a potential BIA on the Westside be more focused on a smaller area was tabled to facilitate further discussions with the Saint John West Business Association. On December 10, 2007 a number of staff and councillors attended the Association's regular meeting to discuss the proposed BIA and provide an update on the proposed Simms Corner reconstruction. The representative attending this meeting was firm that the larger area would be appropriate for West Saint John. It was felt that the larger then normal area was appropriate given the character of the Westside business community. While reservations were expressed with respect to provincial approval being granted, staff undertook to recommend the necessary advertisements and Public Hearing for the larger area. RECOMMENDATION: That advertisements be prepared for a Public Hearing required to create a Business Improvement Area in West Saint John in the larger area illustrated in the attached sketch as requested by the Saint John West Business Association. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A City Manager JRB/mmf 137 36 Report to Common Council March 12, 2008 Page 2 s j` I 1 fir( ~f, 138 37 REPORT TO COMMON COUNCIL la 484 M & C - 2007-369 b. November 16, 2007 City of Saint john His Worship Mayor Norm? Rc. ; a :lane and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John WVe;t BIA BACKGROUND: On September 10, 2007 a requ s was received to designate the significant portion of West Saint John as a Bus:n s Improvement Area. This in fact was the second request and is larger than a • eq a _t made in 2006. At that time the Saint John West Business Association ai, t een requested to consider a reduced area. ANALYSIS: The map submitted was hi map has been drawn illust requested. This area is too The Province has passed legisl, more Business Improvemen. A business but focus in on the are area on the attached plan ills A Saint John. The designation of additional tax onto all come :er considered. i on a generic "Google" printout. The attached larger area encompassing all of the properties a BIA area and can not be supported. in which allows municipalities to create one or s (BIA). These areas do not typically include all with concentrated business cluster. The darker s the concentrated business cluster in West !IA area allows for the imposition of an properties and therefore needs to be carefully It should be noted that the L pt BIA includes the most concentrated core only and not all the business area I Golden Ball Building, Crown Street and Prince Edward Square are not inch A%. 38 Report to Common Council November 16, 2007 Page 2 The Province must also appr )v t roposed BIA designation, and initiell discussion suggests that the larger props s i > not what was anticipated. BIAS in Other areas of the province have a more :o ed area. RECOMMENDATION: That the Saint John West Bu ;in s ; Association be advised of Council's willingness to only consider hen tore focused area outlined in the attached plan. Respectfully submitted, ,T m R. Baird, MCIP Commissioner 7tLPIannin and Deve lo ent ~ Terrence Totten, F.C.A. City Manager !RB/mmf Attachment 39 46 0tv Solicitor's Office Bureau de Pavocat nnunicipal March 12, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Inclusionary Zoning At a meeting of Common Council held on January 12, 2009, questions were raised regarding the legal authority for considering the implementation of a zoning model which is commonly referred to as "inclusionary zoning." Accordingly, Common Council adopted the following resolution: RL, OL TED that ul)oyi receiving Dr. Irchci 's report oyi the current plaluiilig pl°ocess, that staff provide to Cowicil a report olI the tssite of lutxecl hicome developsnew, after relleichig leglSlatloli oli the subject, to deternihie if it is mkisctble for it to become the preferred model of the immicipalith cf ,~cthit Jolm, especially ill areas ichere poverty alreac1' exists. Ili citklitlol?, .S'all?t .lohii iioii- profit housing irill be asked to presew to Cowicil, their reeommemkitioiis frith respect to besthrctctices for the immicipality c f ,Scthit Jolut. Based on the foregoing resolution, I have reviewed the New Brunswick Community Planning Act (the "Act") in order to determine whether it enables a municipality to incorporate the inclusionary zoning concept in its zoning by-law. Before commenting on the relevant provisions of the Act, it may be helpful to provide a brief overview of the typical features of inclusionary zoning. /2 41 Common Council CAN, solicitor March 12, 2009 Page 2 Re: Inclusionary Zoning The term "inclusionary zoning" refers to a concept legislated in local zoning regulations, pursuant to which a portion of new construction developed in a particular area is to be affordable to people earning low to moderate incomes. In the United States, where inclusionary zoning is prevalent in several jurisdictions, two basic models for inclusionary zoning have emerged: (1) mandatory and (2) voluntary (i.e. incentive-based). In Massachusetts, for example, legislation was introduced in 1969 which permits developers to deviate from certain local zoning restrictions in those municipalities that are identified as having insufficient affordable housing stock (i.e. less than 10%). In New Jersey, a series of judicial decisions based on a novel interpretation of the New Jersey State Constitution required municipalities to use their zoning powers in an affirmative manner so as to provide an opportunity for the constriction of housing stock affordable to people earning low to moderate incomes. These decisions were subsequently codified in New Jersey's legislation. As of the date of writing this correspondence, the leading New Jersey decision has not been judicially considered in Canada, nor have the terms "inclusionary zoning" or "inclusive zoning." In Canada, there are very few examples of inclusionary zoning models. In order to implement such a zoning model, it is first necessary for a municipality to consider whether the provisions of the relevant enabling legislation permit it to pursue such a model. In other words, the ability of the City of Saint John to provide for inclusionary zoning in its Zoning By-Law depends on the authority given to it by the Province of New Brunswick. The authority for enacting a zoning by-law and establishing the parameters of such a by-law's content is set out in subsections 34 to 41 of the Act. In reviewing these provisions, I did not identify any statutory authority under which the City of Saint John could adopt an inclusionary zoning model. In contrast, the British Columbia Legislature, has specifically allowed for municipalities to pursue the adoption of inclusionary zoning under subsections 904 and 905 of its Local Government Act. I understand that very high housing costs and rapid population growth has made it difficult for those earning low to moderate incomes to afford housing in several areas of British Columbia. Subsections 904 and 905 serve as a legislative pressure valve for these challenges. / 3 42 Common Council CAN, solicitor March 12, 2009 Page 3 Re: Inclusionary Zoning in conclusion, I also wish to refer you to the decision of the Supreme Court of Canada in R v. Bell, [1979] S.C.J. No. 44, in which the Court was required to consider the validity of a provision of a municipal zoning by-law that restricted the occupation of a "dwelling unit" to a "family", being defined as "...a group of two or more persons living together and inter-related by bonds of consanguinity, marriage or legal adoption, occupying a dwelling unit." The validity of this provision was challenged by the tenant of a dwelling unit who lived with two individuals who were unrelated to him and contributed to household costs. A majority of the Court found the provision in question to be outside the authority of the municipality because it "was not regulating the use of the building but who used it." Put another way, this provision amounted to "land zoning by people zoning" and, consequently, was not within the scope of the enabling legislation. Based on the foregoing, it is my opinion that the Act does not provide the requisite authority for the City of Saint John to pursue the implementation of an inclusionary zoning model. Consequently, it would be necessary for the New Brunswick Legislature to amend the Act in order to enable municipal zoning by- laws to enact inclusionary zoning provisions. Respectfidly Submitted, John L. Nugent City Solicitor 43 0tv Solicitor' Office Bureau de Pavocat nnunicipal March 12, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Traffic By-Law Amendment Coburg and Waterloo Streets It has been recommended to Common Council that it amend the Traffic By-Law so as to include Coburg and Waterloo Streets in Schedule "A-I - Parking Times 8:00 am to 5:00 pm." Paragraph 113(1)(a) of the Alotor 1 ehicle Act (Chapter M-17) provides that a municipality may make by-laws for regulating the standing and parking of vehicles. Subsection 113(4) of the same act provides that no provision of a by- law is effective until a "traffic control device (i.e. a sign) giving notice of the local traffic regulation is placed upon or at the entrance to the street or portion thereof affected". The City, at subsection 7(5) of its Traffic By-Law, prohibits the parking of a motor vehicle between the hours of 8:00 and 17:00 hours "on the streets between the limits designated in Schedule "A-1" for a period longer than the time specified in the said schedule unless the motor vehicle bears either a valid residential zone parking permit, or a temporary residential zone parking permit". The City put up signage on Coburg and Waterloo Streets indicating 2 hour parking from 8:00 until 17:00, but inadvertently omitted to add these streets to Schedule A-1. Consequently, no parking ticket issued on Coburg and Waterloo Streets can be prosecuted because those two streets do not fall within the ambit of the prohibition at subsection 7(5) as they do not appear in Schedule A-1. /2 44 Common Council march 12, 2009 Re: Traffic By-Law Amendments Coburg and Waterloo Street CAN, Solicitor Page 2 The Legal Department has been working with the Parking Commission on the necessary amendment to the by-law that would ensure successful prosecution of tickets issued on Coburg and Waterloo Streets. The attached amendment will remove Coburg and Waterloo Streets from Schedule A, where they are currently mistakenly located, and place them in Schedule A-1, where they were intended to be. It will also bring the provisions of the By-Law in line with the current signage on Coburg and Waterloo Streets. The amendment also corrects a mistake in the French version of the title of Schedule A-I which currently states "de 8h a 22h", when it should state « de 8h a 17h Common Council may give first and second reading, if it so wishes. Respectfidly Submitted, John L. Nugent City Solicitor Attachment 45 BY-LAW No.: A LAW TO AMEND A BY-LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE No : ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors dune reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The Citv of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 19"' day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Farrete de The City of Saint John intitule « Arrete relatif a la circulation dans les noes de The Citv of Saint John edicte conformement a la Loi sur les vMicides a moteur (1973) et modifications afferentes decrete le 19 decembre 2005, est modifie comme suit : 1 "Schedule A - Parking Tunes 8:00 a.m. to 10:00 p.m." is amended by deleting the folloNving Nvords under the folloNving headings: Street Side Limits Time Coburg West Garden St. 2 hr St. to Hazen St. Coburg East Garden St. 2 hr St. to Cliff St. Waterloo Both Richmond 2 hrs St. St. to Brunswick Dr. 2 "Schedule A-1 - Parking Times 8:00 a.m. to 5:00 p.m." is amended by deleting "22H" in the French version of the title of the Schedule and replacing it with "17H". 1 « L' Annexe A - Durees de stationnement de 8 h a 22 h est modifiee par la suppression des mots suivants sous les titres suivants Rues Cote Limites Duree Me ouest de la rue 2 h Coburg Garden a la rue Hazen nee est de la nee 2 h Coburg Garden a la nee Cliff rue des deux de la rue 2 h Waterloo cotes Richmond a la promenade Brunswick 2 « L'annexe A-1 - Durees de stationnement de 8 h a 17 h est modifiee par la suppression des mots « 22H dans la version franraise du titre de 1'Annexe et leur remplacement par les mots « 17H 46 3 "Schedule A-1 - Parking Times 8:(_)(_) a.m. 3 « L'annexe A-1 - Durees de stationnement to 5:00 p.m." is amended by adding the folloNving de 8 h a 17 h est modifiee par Fadjonction des words under the folloNving headings: mots suivants sous les tit res suivants Street Side Limits Time Rues Cote Limites Duree Coburg West Garden St. 2 hr rue ouest de la rue 2 h St. to Hazen Coburg Garden a la St. rue Hazen Coburg East Garden St. 2 hr nee est de la nee 2 h St. to Cliff St. Coburg Garden a la rue Cliff Waterloo Both Richmond 2 hrs. rue des deux de la rue 2 h St. St. to Waterloo cotes Richmond a Brunswick la Dr. promenade Brunswick IN WITNESS WHEREOF The Citv of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arrete Citv to be affixed to this bN_--law the day of le fevrier 2009, avec les signatures Februarv, A.D., 2009 signed bv: suivantes Mavor /mire Common Clerk/greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 47 ' e M& C2009 - 72 March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Lead Results Update PURPOSE In follow up to the 2008 Annual Water Report which was presented to Common Council on February 2, 2009, the purpose of this report is to provide Council with an update and share publicly the data collected through follow-up testing for lead in drinking water. BACKGROUND During the 2008 Annual Water Report presentation at the February 2, 2009 meeting of Common Council, there was a discussion on lead in drinking water. Within the 2008 Annual Water Report, it was noted that during the water distribution system cleaning and lining project of 2008, some small lead deposits were found. It is believed the lead was the remains of the original pipe installation when molten lead was poured around the joints to secure them, a common practice during early pipe installation. Considering this discovery, Saint John Water staff notified Department of Health officials and discussed a means to further assess the situation. It was agreed that Saint John Water would collect water samples for analyses. Samples were collected by means of uni-directional flushing program which was underway at the time providing the ability to collect a large number of samples for analyses. Samples were collected from various fire hydrants across all of the west water system and from a portion of the east side system and samples were subsequently analyzed. Of the 130 samples collected and analyzed during the uni-directional flushing program, results indicated that some locations had elevated lead levels, four of which exceeded the Guidelines for Canadian Drinking Water Quality. Upon reviewing the results with the Department of Health, it was decided the following actions would be undertaken. ♦ Resample locations that had elevated lead levels to determine if the lead results were due to the presence of lead within fire hydrants (or fire hydrant piping) from which samples were collected or from watermains themselves. (Fire hydrants have internal brass components and brass contains lead). ♦ If the resample result is lower and within acceptable limits no action is necessary. 48 Lead Results Update Mauch 11, 2009 Page 2 However if resample results are elevated, additional samples would be collected on either side of the sample location to isolate the area where results were elevated. A process to understand what may be contributing to the elevated results would begin and options for a solution discussed with Department of Health officials. The Guidelines for Canadian Drinking Water Qualit)7', published by Health Canada on behalf of the Federal -Provincial-Territorial Committee on Drinking Water, cover a wide range of water quality related parameters. Lead is among the chemical parameters listed in the Guidelines. The maximum acceptable concentration (MAC) of lead in drinking water is 10 ug/L (10 parts per billion), measured at the tap. The guideline for drinking water was established to be protective of the most vulnerable population, children. Consuming water over the course of a lifetime (i.e., 70 years) with lead levels at or near the guideline value is considered to be protective of human health.' The World Health Organization has also established a guideline of 10 ug/L for lead in drinking water, whereas the U. S. Environmental Protection Agency has established a drinking water standard of 15 ug/L. ANALYSIS Humans are exposed to trace amounts of lead through air, soil, household dust, food, drinking water and various consumer products. Historically, lead in tin cans and paint were major sources of exposure in food and air respectively. Drinking water is not generally the most significant source of exposure to lead in Canada, however, under certain conditions, lead can leach into drinking water through a process called corrosion.' The major source of lead in drinking water is through leaching of older household plumbing fittings and solders. For example, water from drinking fountains may have higher levels of lead than water from nearby taps, since it may sit in the fountain for a longer period and there may be more soldered joints in a given length of pipe than in household plumbing.' Lead was a common component of distribution systems for many years. Some older neighbourhoods in Canada were serviced by lead service lines. The National Plumbing Code allowed lead as an acceptable material for pipes until 1975 and in solder until 1986.' For the most part, the amount of lead in natural water sources in Canada is very low; however, as noted, lead can leach into the drinking water supply from lead service lines (water pipes that link the house to the main water supply), lead solder in plumbing, or brass plumbing components such as faucets. This corrosion process is affected by a number of factors, including the age of the plumbing system, the chemistry of the water, and the amount of lead leached will also depend on the length of time the water sits in the pipes.' 49 Lead Results Update Mauch 11, 2009 Water Chemistry Page 3 Lead levels in drinking water also depend on the chemistry of the water supply. Lead-based pipes and other plumbing materials are more likely to corrode if the water has a low pH (is very acidic) or if the alkalinity (the ability of the water to stabilize the pH) is too low, as is the case in Saint John. These factors are generally controlled by the utility at the water treatment facility that supplies drinking water, however given the current limited treatment capabilities, Saint John is unable to control pH or alkalinity. Future water treatment facility or facilities will have the ability to adjust water chemistry, in particular, the pH and alkalinity of the water would be carefully controlled at the treatment plant(s) to both reduce corrosion and ensure effective treatment of the water to eliminate health risks from microbiological organisms. Changes in treatment, primarily pH and alkalinity adjustments, alone or in combination with corrosion inhibitors, can significantly reduce the leading of metals that drinking water comes in contact with such as copper, iron, brass and lead. Raising the pH remains the most effective method for reducing lead corrosion and minimizing lead levels in drinking water. The optimal pH for lead control falls between 7.5 and 9.5, while the optimal alkalinity ranges between 30 and 75 mg/L as calcium carbonate and is typically adjusted in combination with pH adjustment.' The pH of Saint John's drinking water typically ranges between low to mid 6 and the alkalinity around 5 mg/L as calcium carbonate. Drinking Water Sampling Plan Saint John Water collects samples for numerous parameters in accordance with its most recent Clean Water Act Sampling Plan. The Plan is approved and issued by the Department of Health, however management of sampling plan information is the responsibility of the Department of Environment. The approved Sampling Plan from the Department of Health requires that samples be collected weekly at thirty locations across the three water systems for microbiological testing. Eighteen of the sites are analyzed semi-annually for inorganic parameters and quarterly for organic parameters. Lead is one of the eighteen inorganic parameters. Samples collected for lead as per of the Sampling Plan are typically non-detect or are detectable but well below the Guidelines for Canadian Drinking Water Quality. It was expected that the reason four results (of the 130 samples collected) exceeded the Guidelines for Canadian Drinking Water Quality was as a result of water stagnating in the fire hydrants and the fire hydrant piping prior to analyses. To verify this, uni-directional flushing sequences were recreated to replicate how water samples were previously collected. 50 Lead Results Update Mauch 11, 2009 The four results that initially exceeded the Guidelines were as follows: Summit Drive (East) > 100u(-"/L Bing Avenue (East) 44ug/L Rocky Bluff Terrace (West) 21ug/L Lancaster Avenue (West) 15ug/L Page 4 After replicating the sequences and running the fire hyrdrants to flush any stagnant water out of the fire hydrant piping leads, resamples were collected on February 6, 2009. The resamples yielded the following results which are all well below the MAC (I Oug/L Summit Drive < 2ug/L Bing Avenue < 2ug/L Rocky Bluff Terrace 2ug/L Lancaster Avenue 2ug/L A meeting was held February 10, 2009 with key representatives of the Department of Health to provide them with the updated lead results. It was frirther agreed that additional testing would be completed after a few weeks of water stagnating in a fire hydrant pipe. The purpose was to analyze standing water and then fresh water within the water distribution system. In addition, it was decided to collect samples on either side of the fire hydrants from residences. The following resamples were completed at fire hydrants on February 24, 2009. A first draw sample was analyzed followed by a 10 minute flushing of the fire hydrant. Summit Drive - 4:15pm - first draw 7 pg/L Summit Drive - 4:25pm - after flush 2 µg/L Bing Avenue - 4:40pm - first draw 86 pg/L Bing Avenue - 4:50pm - after flush <2 µg/L Rocky Bluff Terrace - 3:07pm - first draw 15 pg/L Rocky Bluff Terrace - 3:18pm - after flush < 2 µg/L Lancaster Avenue - 2:55pm - first draw >100 pg/L Lancaster Avenue - 3:05pm - after flush <2 µg/L This clearly demonstrates the source of the high lead results was attributable to water sitting in fire hydrants and fire hydrant piping. As per the process agreed to with Department of Health officials, arrangements were made at residences and on March 5, 2009 sampling of the homes on either side of the 4 hydrants that generated elevated lead levels during the UDF were completed with the following results: "X" Summit Drive - 10:45am - first draw 2 µg/L 10:50am - 5 min flush <2 pg/L 51 Lead Results Update Mauch 11, 2009 "X" Bung Avenue - 10:30am - first draw 10:3 5 am - 5 min flush "X" Rocky Bluff Terrace - 1:45pm - first draw 1:50pm - 5 min flush "Y" Rocky Bluff Terrace - 2:00pm - first draw 2:05pm - 5 min flush "X" Lancaster Avenue - 2:25pm - first draw 2:30pm - 5 min flush "Y" Lancaster Avenue - 2:1 Opm - first draw 2:15pm - 5 min flush <2 pg/L 3 pg/L 2 pg/L 4 pg/L <2 pg/L 2 pg/L 2 pg/L 27 pg/L 2 pg/L 2 pg/L Page 5 There were two exceptions, the fire hydrant is located at the dead-end of Bing Avenue and therefore no samples could be collected after the hydrant and secondly one sample on Summit Drive was collected on March 6, 2009 with the following results: "Y" Summit Drive - 1:45pm - first draw 19 µg/L 1:50pm - 5 min flush 2 pg/L The results above indicate that internal plumbing or plumbing components are the sources of lead and that flushing water from the water service prior to consumption (as is recommended by Health Canada) brings the levels down well below the MAC for lead. It should be noted that in addition, Clean Water Act (CWA) sampling over the years at 18 locations has consistently shown results well below the Guidelines for Canadian Drinking Water Quality and source or raw water has been below detectable limits. Where there were exceedences, as noted above, at the time of first draw (after water had been sitting for some time) of a water sample, the individuals were informed of the results along with the recommendation that the tap be allowed to nm a few minutes after it sat for a while to "freshen" the water prior to consumption. In summary, municipally delivered drinking water meets the MAC for the lead parameter of the Guidelines for Canadian Drinking Water Quality. Methods of Minimizing Exposure to Lead For homeowners and consumers that may have concerns about internal plumbing problems, there are ways to minimize exposure to lead. Since lead levels in water will increase as water stagnates in pipes, it is recommended when water is not used for several hours, such as overnight or during working hours, that the cold water be nun first trig in the morning or any 52 Lead Results Update Mauch 11, 2009 Page 6 other time the plumbing system hasn't been used for a number of hours. Running the water would flush out any leached lead. Health Canada recommends that homeowners let the water nun to get rid of the water that stayed in the plumbing system. It is suggested one can either let the water nm for upwards of five minutes, or one could flush the toilet, take a shower or start your laundry and then nun it until it gets cold (about one minute) before drinking or cooking with any of the water from the tap. It is further recommended that cold tap water be used for drinking or cooking, since hot water increases the leaching (or dissolving) of lead and other metals. t While a fixture water treatment facility or facilities will have the ability to adjust water chemistry to greatly reduce corrosion, the only guaranteed way to lower lead levels in water is to identify and remove all sources of lead which is not simply lead service pipe but also to a lesser extent lead solders, brass plumbing or fittings and leaded soldering pastes. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations Terrence L. Totten, F.C.A. City Manager (irriclelirres for' C'urrudturr Dl'irrktrrg iFuter l hrulih°, Health Canada, Ottawa. May 2008 Minimizing Exposure to Lead from Drinkin, Water Distribution Systems, Health Canada, ( )ttawa, 2007 a 3 LEAD and Your Health, New Brunswick, Health and Communih- Services brochure 53 0tv Solicitor-'s Office Bureau de Pavocat rrrunicipal March 13, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Pension Act Amendments - Legal Advice Last month Council directed me to prepare the text of changes to the City of ,Sault John Peyisioyi Act (the Act). Recently I have completed a preliminary draft of those amendments. In the course of doing so and in considering the issues to which the proposed amendments give rise, I have concluded that it would be prudent to revisit with Council my conflict of interest arising from my membership in the Pension Plan which is governed by the Act. In light of my October 29, 2004 Disclosure of Interest filed with the Common Cleric on that date respecting my membership in the Pension Plan and the obviousness of my personal interest as a City employee in the terms of the Act, this might seem gratuitous but I would not want any doubt or misunderstanding in this regard to exist in the mind of any member of Council. The Disclosure of Interest which I filed on October 29, 2004 with the Common Clerk pursuant to the provisions of Section 90.1 of the llhiriicil)alities Act is a public document and in it I stated: "This disclosure relates to the folloiring matter: the heriefits 1)rovided h1, and the fimtlhig required f )r The City of,Sclillt Johil Peiisioi? Plal? That Disclosure was precipitated by Council's anticipated consideration of possible changes to the design of the Pension Plan. Obviously providing advice to Council with respect to potential changes to my benefits or obligations under the Plan would place me in a conflict position. /2 54 Committee of the Whole March 13, 2()()9 Re: Pension Act Amendments - Legal Advice City Solicitor Page 2 Subsequently, Council adopted the following resolution on November 22, 2004: " RL, OLT ED that C'ommoti C'onncil ciekiaowledge the Disclosure of Interest filed by each of the Citt Alanager, the Commissioner of Finance, the Depntt Citt Alanager Common Clerk and the Citt ,Solicitor relciting to the City of Saint John Peyisioyi Plan and farther, request sitch advice as each might provide frith respect to that p/c/11. " That resolution was able to be adopted pursuant to the provisions of Section 90.8(1.1) of the -A-Iimicihalities Act which provides that a senior officer of the municipality may, at Council's request, provide advice on a matter with respect to which he has a conflict, with knowledge of the Council. Prior to Council's adopting that resolution I suggested that before making such a decision a discussion with the senior officer in question would be advisable. Clearly drafting possible amendments to the Act or providing any other advice to Council respecting those possible changes or their operation from a legal perspective, engages the same type of conflict on my part. It should be noted that on July 17, 2007 Common Council resolved to engage David O'Brien of Barry Spalding to provide advice oyi pension matters when the C'ith Solicitor rieetls to irithdreiw from meetings beeciuse (?fa conflict of li?terest aS It relates to his seri,ing oil the Cit1' s Peiisioi? BocCYd Of Trustees. The conflict which is germane to the proposed Pension Act amendments is based solely upon my being an employee of the City of Saint John and thus a member of the Pension Plan. The drafting of the changes identified in the recent Council resolution has given rise to the need to consider of the legal footing for those proposed amendments, e.g. are changes to indexing of pensions and the definition of "average salary" for pension calculation purposes in the Plan able to be given retrospective application for current members of the Plan? / 3 55 Committee of the Whole March 13, 2()()9 Re: Pension Act Amendments - Legal Advice City Solicitor Page 3 The operation of pension legislation is not without its challenging legal issues, and these are questions having a potential impact upon my own rights and obligations under the Plan. These are also questions that might well "cast too close to the bo»e " and as a result it is my suggestion that outside legal counsel be retained to continue with this work. This should cause no material delay in the presentation of the proposed changes to the Legislature since the work which I have done would be available to outside counsel. Respectfully Submitted, John L. Nugent City Solicitor 56 REPORT TO COMMON COUNCIL March 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: city of saint John RE: Sustainable Transportation Plan BACKGROUND At the January 20, 2049 meeting of Common Council a request was received from the Saint John Transit Commission for the City to undertake the development of a Master Transportation Plan. The purpose of this report is to provide information to Common Council on the steps that are being taken to respond to this request. ANALYSIS A Project Team has been established with representatives from Planning & Development, :Municipal Operations & Engineering, Saint John Transit, Saint John Parking Commission and the Finance Department. The intention is also to add others to this group (Province of New Brunswick, Regional Municipalities, Active Transportation Network, etc.) as the work moves forward. We want to ensure that the Plan that is developed is City focused but regionally informed. Based on a review of actions taken in other municipalities these types of plans are referred to as Sustainable Transportation. Plans. In the past our Transportation Planning has tended to focus on our roads and streets network. Sustainable Transportation Plans have a much broader focus as they attempt to set a direction for the movement of people, goods and services and consider many different modes of transportation. Initially the Project Team will be working to help develop a Terms of Reference for the Plan, identify possible funding sources to help cover some of the costs associated with developing the Plan and developing a Call for Proposals for professional services required to complete the Plan. Some research is required to establish best practices and clearly identify what factors should be considered as part of the Plan. To date staff has had some initial discussions with Canadian Urban Institute and we are reviewing information from the Transportation Association of Canada.. This Plan will be a key strategic document for the City and will guide significant public expenditures over the next 10-15 years. As such care must be taken to ensure that the direction taken is consistent with the long-team wishes of the community and industry 57 best practices. The work will be guided by the City's Sustainability Principles, the Community Vision and the 20 year community goals. As a result of the research and discussions to date it is clear that the first step in process of developing the Sustainable Transportation Plan is to complete a Growth Strategy for the City. The need for this Strategy has previously been presented to Council by Mr. Forrest as part of the process in updating the City's Municipal Planning Strategy. In particular through the development of this Strategy the City will establish planning objectives that address the following items that relate to the transportation study: - Desired future transportation modal splits (future reliance on various modes of transportation) - Transit-supportive development options - Integration of pedestrian and cycling infrastructure into new development A Call for Proposals to carry out this work will be issued by mid April. It is anticipated that the work associated with developing this Strategy, which will include Public Consultation, will take approximately 12-18 months. While the Growth Strategy is being developed the Transportation Project Team will work on developing a detailed Call for Proposals for development of the Transportation Plan.. We will also seek ways to secure funding to assist with completion of this work. It is anticipated that the Call for Proposals will be issued in early 2010 with an approximate timeline for completion of the work being 9-12 months. Regular updates will be provided to Common Council as work is completed on this project. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, Andr w P. Beckett C.A. Deputy ty Manager Pro ams & Priorities Terry L. Totten FCA City Manager 58 The City of Saint John OPEN SESSION M & C - 2009 - 75 March 1, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Subject: CAPITAL FINANCING The attached Notice of Motion has been prepared as a first step in the permanent financing of certain Capital Projects. The purpose of the issue is summarized on the attached schedule. The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. Respectfully subiitted, SAII' T JOHN N: Yeomans, CGA, MBA loner of Finance RO. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintiohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 59 NOTICE OF MOTION His Worship the Mayor gave the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purpose of the Issue")." 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 17,000,000. 60 The City of Saint John Proposed issue of Debentures To Be Dated On or After April 22, 2009 Purpose of Issue GENERALFUND General Government $ 500,000 Protective Services $ 3,500,000 Transportation Services $ 5,500,000 Economic Development $ 3,500,000 Parks and Recreation $ 1,000,000 14,000,000 WATER & SEWERAGE UTILITY Water System $ 1,000,000 Sewer System $ 500,000 1,500,000 SAINT JOHN TRANSIT 1,500,000 TOTAL 1$ 17,000,0001 61 AN- P The city of Saint John Mayor and Council March 12, 2009 RE: 'Perms of Reference - Finance Committee Your Worship and Members of Council: In the adoption of the 2009 City of Saint John Operating Budget, Council passed as resolution policies tasking the Finance Committee with certain responsibilities- • That the Finance Committee he given the responsibility of making recommendations, in collaboration with the City Manager and Commissioner of Finance to Common Council with respect to any corrective actions that are required. o That the Finance Committee, no later than September 30 of each year, be responsible for receiving and reviewing the initial budget Submissions from the various ABC's and the Administration compiled on the following basis. 0 2010 - Submissions shall not exceed the 2009 Approved Budget plus 4.5%. 0 2011- Submissions shall not exceed the 2010 Approved budget, plus 4%, n 2012 - Submissions shall not exceed the 2011 Approved Budget plus 4%. e Accompa.r%v those submissions must be documentation that identifies: o Mission critical services that cannot be funded within the budget envelope. • Requests from citizens that cannot be funded within the budget envelope. • Value added services not previously funded. Submissions on each issue roust be short, direct, to the point and not exceed one page in length. The Finance Committee shall be given the responsibility to work with the City Manager and. Commissioner of Finance to table an initial draft Budget Document with Council, not later than October 31, of each year. J SAINT JOHN P.O. Box 19'71 Saint John, NB Canada E2L 41-1 I www.saintJohn.ca N C.P 1971 Saint John, N.-B. Canada E2L 4L1 62 Further, on recent occasion the Finance Committee has been requested to make recommendations to Council on the engagement of financial services for pension plan review and recommendations of a strategic plan in regard to the pension plan. The Finance Committee has also deliberated on its role in the `Value for Money' review program, which Council has also adopted as part of the 2009 Operating Budget. These undertakings both requested of the Finance Committee are significantly greater in scope than the committee's historical role. Accordingly, the Finance Committee requests Council to direct the City Solicitor to review the Terms of Reference currently set out for the Finance Committee. While the Finance Committee embraces the additional responsibilities asked of it and remains committed to serving Council, it wants to be certain that the terms of reference reflect the nature of work being requested. The City Solicitor should be able to determine if the terms of reference governing the finance committee need any amendments or if it can be affirmed as is. Recommendation: Council refer to the City Solicitor, the Terms of Reference of the Finance Committee for review and recommendation for any necessary changes in regard to the additional roles Council has requested of the Finance Committee. Received by e-mail Stephen Chase Deputy Mayor and Chair, Finance Committee 63 n 'me City of Saint John Mayor and Council March 12, 2009 RE: Financial Advisory Services for Pension Plan Review Your Worship and Members of Council: The following direction from Council Committee of the Whole was given to the Finance Committee: RESOLVED that the Finance Committee provide recommendations to Council with respect to Morneau Sobeco's proposed financial advisory services for the City of Saint John Employee Pension Plan prior to the scheduling of a closed Committee of the Whole meeting to discuss the Pension Plan. The committee considered the matter at its meeting of March 9, 2009 and offers to Council the following recommendation: Council engage the Services of Morneau Sobeco to review possible changes to the pension plan and the effect of these changes in reducing liabilities, costs and the impact to plan members. Please see attached for costs. Stephen Chase Deputy Mayor and Chair, Finance Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 V wwwsaintiohn.ca ~ C.P. 1971 Saint John, N.-B. Canada E2L 4L1 64 taroject cysts Morneau Sobeco is pleased to present this cost proposal for financial advisory services in respect of the City of Saint John Employee Pension Plan. This document provides cost information for the project described in our proposal. Because there may be considerable variability in the efforts to complete this project, we are quoting our fee on a per diem basis to allow some flexibility in the budget. We have provided the per diem rates for our consultants in the table below, along with a rough estimate of the time to complete the project. Based on our current understanding of your needs, we have assumed three full-day meetings (including one to present the final report) and preparation time, There are no travel charges unless you require more than three meetings as described below, Based on the per diem rates and our estimate of the effort involved, we have arrived at a rough estimate of the total project fee. Please note that there may be some additional or out-of=scope work that arises after the project begins as such, our fee total in the table below represents only a median point in a possible range of fees. The actual project fee may have a range within 2'0% of the total fee quoted below. (Where unanticipated additional work may arise, we would discuss the new budget with you and get your approval before proceeding,) Per diem rates $ 2,750 $ 2,250 $1,250 $1,000 Meeting days I 3 3 I 2 0 8 Preparation a 5 I 5 I 7 20 Total days 6 I 8 7 I 7 I 28 Estimated Fee I $16,500 $18,000 $ 8,750 $ 7,000 I $ 50,250 Our fees include all incidental costs such as photocopying, postage, computer usage, travel and long-distance telephone charges. Any applicable taxes, such as HST, would be additional to our quoted fees. We thank you for allowing us the opportunity to submit this proposal. We look forward to serving the City of Saint John in this additional capacity. Respectfully submitted, MORNEAC3 SOBECO Mel Bartlett partner 65 REPORT TO COMIMON COUNCIL ~l of March 16, 2009 The City of Saint John Deputy Mayor Stephen Chase And Members of Common Council Members of Council:. SUBJECT: PERSONNEL. ITEM: TERMS AND CONDITIONS OF EMPLOYMENT MANAGEMENT/PROFESSIONAL PERSONNEL BACKGROUND: Attached please find the above noted Terms and Conditions of Employment. This document has been discussed at two Committee of the Whole meetings (February 16`s and March 2"a) and the Committee has now recommended its adoption to Common Council ANALYSTS: For the most part, the Terms and Conditions of Employment being recommended are generally the same as those that are currently in place with the following exceptions: a) For the first time, the Employer is stating that working in excess of 50 hours in any given pay period shall be considered. Extraordinary. Should this occur, the employee shall be entitled to time off at a mutually agreeable time, on an hour for hour basis. b) Retirement Pay for Managerial/Professional staff is being phased out in a similar fashion as Service Pay has been phased out Council should be aware that many of the longer serving employees in this group have already "opted out" in order to eliminate this liability from the City's records. c) Vacation entitlement is being enhanced for this group so as to mirror more closely the vacation entitlements the City has agreed to provide to its Unionized Workforce and to reflect the City's actual experience in recruiting professionals to this organization. d) For the first time, the Employer is clearly stating its expectation of any employee who is absent from work for ten consecutive days. The Policy talks of the role of the Occupational Medical Advisor and the Return to Work Committee. All of our efforts are aimed at having employees at work. 66 Report to Common Council Page 2 ,Subject: Terms and Conditions of Employment Most significant is that this document unequivocally states: "The City shall endeavour to acquire and maintain an Insured Lang Term Disability Flan (LTD) for this group of employees." Until such time as this Plan is put in place, the City's current practice remains in place. The proposed Terms and Conditions will result in the Managerial Professional Employees taking a leadership role in the City's efforts to acquire an "Insured Long Term Disability Plan" but more importantly it will lay the ground work for the eventual removal of the provision for Long Term Disability Benefits from the City of Saint John Pension Fund. FINANCIAL IMPLICATIONS: In total it is estimated that adoption of the proposed Terms & Conditions of Employment will result in increased annual costs of approximately $60,000. (Details attached as Appendix B) RECOMMENDATION: On the recommendation of Committee of the Whole that Common Council approve the Terms and Conditions of Employment for the Management/Professional Personnel as attached with an effective date of January 1, 2009. Respectfully submitted, " I _A Mayor Ivan Court 67 City of Saint John Terms and Conditions of Employment Management/Professional Personnel January, 2009 City of Saint John January, 2009 68 Terms and Conditions of Employment -hlanagementlProfessional Personnel TABLE OF CONTENTS Introduction 4 Employer 5 Effective mate 5 Coverage and Application 5 Policy Statements 6 PART ONE, Hours of Work 7 Regular Hours of Work 7 Overtime 7 Extraordinary Overtime 7 On-Gall Assignments 7 Extraordinary On-Call 8 Saint John Emergency Management Organization 8 PART TWO: Salaries 8 Salary.Administration 8 Remuneration for Service beyond established hours of work 9 PART THREE: Benefits 10 Annual Vacation 10 Statutory, Designated and Proclaimed Holidays 11 Health & Dental 11 Basic Life Insurance 12 Optional Life Insurance 12 Voluntary Accidental Death & Dismemberment 12 Employee and Family Assistance Program 12 Deferred Salary Leave Program 12 PART FOUR: Absences due to Illness, Injury or disability..... 13 Sick Leave; defined 13 Sick Leave benefits 13 Return to Work 14 Long-Term Disability 14 City of Saint John 2 January, 2009 69 Terms and Conditions of Employment ManagementtProfessional Personnel PART SIX: Maternity and Paternity Leave 15 PART SEVEN: Health & Wellness 16 PART EIGHT: Employee Development 16 PART NINE: General 17 Probationary Period 17 Workplace Conflict Resolution 18 City of Saint John January, 2004 70 Tenors and Conditions of Emplovnient -ManagementtProfessional Personnel TERMS AND CONDITIONS OF EMPLOYMENT Management/Professional Personnel Introduction This document sets out the terms and conditions of employment for Management/Professional personnel employed by the City in full-time permanent positions. Clearly articulating Terms & Conditions of Employment represents best practice for any employment relationship. It is a foundational document that helps establish trust in the employment relationship. The City of Saint John Corporate Strategic Plan establishes the following goal: Corporate Goal The City of Saint Jahn is a great place to work, a people focused organization that recognizes the value of individuals united in public service. Our commitment to public service is clearly articulated in our Mission, Vision & Values: Our Mission - Why We Exist To serve our City with pride, to provide our citizens with quality service, and to contribute to the overall economic, social and environmental well-being of Saint John. Our Vision - What We Want To Be We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost-effective way. Our Values - How We Do It Commitment - fulfilling the expectations we create in our promises, both direct and implied. Integrity - conducting oneself honestly, fairly, respectfully and ethically. Responsibility - accepting accountability, expectations and values based decision- making. City of Saint John 4 Januat , 2009 71 Terms and Conditions of Employment - Management/Professional Personnel Employer The City of Saint John, hereinafter referred to as "The Employer", is a body corporate in the County of Saint John, in the Province of New Brunswick. Effective Date Effective January 1, 2009, these Terms and Conditions of Employment ManagementlProfessional Personnel will supersede all previous versions and amendments of applicable Human Resource Policies. Human Resource Business Practices, approved by the City Manager, will be developed as needed to provide administrative direction associated with this document. These Terms & Conditions will be reviewed at least once in every 5 year period and updated as necessary. Coverage and Application These Terms and Conditions o Employment apply to all full-time permanent management and professional employees of the Employer. In cases where individuals are engaged in any of these positions under an employment contract the provisions of the contract will prevail. Within the document, the term "Supervisor" refers to the person who supervises the position, the supervisor in some cases may also be the manager; and the term "Manager" refers to the division level manager. Questions regarding the contents or administration of the Terms and Conditions of Employment - Management Personnel may be directed to Human Resources personnel. The City Manager is responsible for maintenance of these Terms and Conditions of Employment with all amendments being subject to approval of Common Council. Managers and Supervisors are responsible for: - developing a sound working knowledge of this document and associated Business Practices, including revisions and additions; - making every effort to ensure that staff are aware of and understand applicable policies and practices; - applying policies and practices in an equitable and fair manner, utilizing sound judgment, and; reporting as necessary the need for periodic revisions or additions. All City of Saint John employees have a responsibility to be familiar with the Municipality's policies and practices as they relate to their role and employment. City of Saint John 5 January, 2009 72 Terms and Conditions of Employment - Management/Professional Personnel POLICY STATEMENTS These Terms and Conditions of Employment have been developed to provide clarity and direction with regards to the employment relationship between the Employer and its Management/Professional personnel. The following policy statements have guided the preparation of this document. Organizational Performance The City of Saint John is committed to achieving excellence throughout its operations. To meet this objective, we will ensure our workforce is skilled and knowledgeable, consistently demonstrating commitment, integrity and responsibility in our service to the citizens of Saint John. Employee Remuneration The City of Saint John recognizes the contributions and achievements of employees and provides a total compensation package, which is intended to achieve the following three objectives: (1) To attract, retain and motivate highly qualified employees. (2) To contribute to the recognition and reward of employees' individual performance. (3) To maintain a competitive compensation structure that compares favorably with others in the marketplace and can be supported by the financial position of the City. Employee Development The City of Saint. John supports employee learning and development as a strategic opportunity to develop a qualified and motivated workforce. Employee Wellness and Productivity The City of Saint John promotes employee wellness that encourages a shared responsibility to develop and achieve personal and organizational goals. City of Saint John & January, 2009 73 Terms and Conditions of Employment - Management/Professional Personnel PART" ONE: ours of or Regular Hours of Work Business hours as well as the "regular" hours of work for City employees vary from department to department and employee group to employee group. For instance the City's Inside Workers have a 35-hour work week, Outside Workers have a 40 hour regular work week and Fire Operations average a 42 hour regular work week which does include meal time. The large diversity in "regular" hours of work among employee groups presents a problem in clearly defining the regular hours of work for management and professional personnel. For all intents and purposes, the regular hours of work for each manager shall be directly related to the regular hours of work of the reporting employee group. If the manager has no employees reporting to him /her; then the regular hours of work will be based upon the public business (office) hours of that department or division. Overtime It is anticipated that managers and professional personnel will be required to work extra time reasonably required to get their job done. This additional commitment is inherent to every management job and accordingly is incorporated in the compensation structure. It is considered reasonable for management staff to be required to work up to 50 hours in any given week. This overtime requirement however is not to be considered acceptable, nor should it be expected to occur for more than two consecutive weeks and in no way should be considered acceptable for scheduling of regular work duties. Extraordinary Overtime Time worked in excess of 50 hours in any given week shall be considered extraordinary overtime. On-Call Assignments Some Management and Professional personnel are expected to support public and employee safety by being on-call. Where operationally feasible such assignments will be rotated amongst the applicable managers. To support the health and wellness of employees, it is the Employer's objective not to place an employee in a weekly on-call assignment more often than once in a 12 week period; however it is still considered reasonable to be given an on-call assignment on average of once in every eight weeks. An employee cannot be on-call during vacation leave. This includes weekends (or regularly scheduled days off) that abut the vacation leave as well as any statutory holidays that abut or fall within the vacation leave. City of Saint John 7 January, 2009 74 Terms and Conditions of Employnient - Management/Professional Personnel Extraordinary 4n-Call On-call assignments that occur more frequent than once in every 8 weeks on average shall be considered extraordinary on-call. Saint John Emergency Management Organization A call-out or an extended response to a matter of public emergency, public safety or incident mitigation shall be included in the tabulation of regular hours worked, reasonable overtime and extraordinary overtime. PAR TWO: Salaries The City Manager is responsible for reviewing and making recommendations to Common Council regarding total compensation initiatives as they fit into the organizations overall total compensation strategy. The City Manager will recommend inclusion of sufficient resources in the annual budget and plan to implement salary and other total compensation initiatives once approved. In conjunction with the annual budget approval process, the City Manager shall make a recommendation to Council as to an appropriate adjustment to the Pay Scale for management personnel. The recommendation shall be based upon: Economic factors such as Cost of Living, Inflation rates, etc. • pair and equitable internal comparisons with other City of Saint John employee groups; • Comparisons with relevant external employers for the purposes of attaining and maintaining market competitiveness and thus suitable attraction and retention; and • Consistent policy directions and programs and services for all City of Saint John employee groups. • Any specific direction provided by Common Council. Principles of Salary Range Administration The following basic principles apply to salary administration: • Jobs will be assigned to various classification levels in the salary system based on job evaluation. • The City Manager has the authority to adjust the classification group up or down one level based on: the accountabilities of the role; the gap between supervisor and reporting employee group(s); or market conditions. All other adjustments require the approval of Common Council. City of Saint John January, 2009 75 Terms and Conditions of Employment-ManagementfProfessional Personnel ® There is a salary established for each position that is based on an individual having all of the necessary qualifications and experience to carry out the full responsibilities. Individuals are placed in these positions at a salary level that is 90-93% of that set for the fully qualified individual. The employee moves toward the fully qualified salary on an annual basis based on satisfactory performance appraisals. • The scheduled date for adjustments within the salary range will be the anniversary date of appointment to the job. The due date of the completed performance planning and appraisal report shall be 60 days prior to the employee's anniversary date. a An employee who has not performed the job in a satisfactory manner duly addressed with the employee and documented by the supervisor through the performance appraisal process will not be eligible to receive a salary adjustment. In such cases a performance improvement plan will be prepared and monitored by the manager and/or supervisor; ® There will be no further salary adjustments once an employee's salary has reached the maximum of the job classification. Remuneration for Service beyond established Hours of Work On-Cali When an employee is required to be on-call they shall receive one day off with pay for each week on-call to be taken immediately following the week. If a Statutory Holiday falls within the on-call week and additional day off will be granted to be taken immediately following the week. Extraordinary On-Call When an employee's average on-call rotation exceed that considered to be part ofa normal rotation as defined in the Hours of Work, the employee will be remunerated for the additional on-call time at the rate of one day's pay for each week on-call, Extraordinary Overtime When an employee's weekly accumulative hours of work (including call-outs) exceeds that considered to be reasonable overtime as defined in the Hours of Work, the employee will be given equivalent time off (with pay). In extreme cases where operational requirements do not allow for scheduling of time-off the employee will be remunerated for each additional hour of work at his/her straight time rate of pay. Service Pav Consistent with the policy direction established by Common Council, service pay will continue to be paid only to permanent members of management staff employed on or City of Saint John 9 Januaiy, 2009 76 Teams and Conditions of Employment - Management/Professional Personnel before I June 1992. Members of management staff hired after 1 June 1992 are not eligible for service pay. Retirement Pay For those management employees who are eligible, upon retirement they will receive one month's pay for every five years of service or fraction thereof to a maximum of six months pay. To qualify, an employee must have a minimum of five years continuous service with the Employer. The benefit shall not apply when an employee resigns from service or is dismissed for cause. The employee may request in writing a one-time-only payment in lieu of retirement pay at any time prior to retirement. Such payment shall be made 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 who are leaving the organization within ninety (90) days shall not be eligible for the retirement pay option outlined herein. Retirement pay will continue to be paid only to permanent members of management staff employed on or before the date of approval by Council of these Terms and Conditions and who have not chosen the opting out provision. PART THREE: Benefits Annual Vacation Management personnel of the City of Saint John shall earn vacation as follows: • Less than 6 years continuous service _ 3 weeks. • Six 6 years continuous service - 4 weeks. • Thirteen 13 years continuous service - 5 weeks. • Twenty 20 years continuous service - 6 weeks. • After 25 years of continuous service each employee shall receive 1 additional day per further year of continuous service to a maximum of 5 days. All employees follow the above schedule except in cases where a different entitlement was negotiated at the time of appointment and agreed to by the City Manager, City Solicitor, Common Clerk or Common Council as applicable. In such cases the employee will progress through the above schedule as if he/she had the continuous years of service to earn the vacation negotiated at the time of hire.. The vacation year shall be from January 1 to December 31. Vacation must be taken in the current calendar year and is to be scheduled by a supervisor or manager in consultation with the employee. City of Saint John 10 January, 2009 77 Teams and Conditions of Eniploynient - Management/Professional Personnel An employee may carry from one calendar year to the next, a maximum of two weeks vacation. An employee may accumulate up to a total of four weeks of vacation carryover at any time. Any additional vacation carryover must be approved by the City Manager. An employee who has used vacation time and terminates employment before his/her anniversary date of continuous service shall repay the applicable pro-rated proportion of vacation. Such payment will be deducted from any severance pay or hold back. Displacement of Vacation If an employee is hospitalized during his/her vacation period, such time in the hospital shall not be considered vacation time but shall be considered sick leave. Statutory, Designated and Proclaimed Holidays Management staff shall be entitled to Statutory, Designated and Proclaimed Holidays as follows: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday. Management staff are entitled to statutory, designated and proclaimed holidays from the date of commencement of work with the City of Saint John. In addition to the above Statutory, Designated and Proclaimed Holidays, each management person who has completed one (1) year of continuous service shall be entitled to one day as a floating holiday, to be taken at a mutually agreed time, each calendar year. There shall be no carry-forward of this holiday or any pay-out of the holiday upon termination of employment. Health and Dental All management employees as well as their spouses and dependent children are eligible to participate in this plan. Participation in the plan is mandatory for all employees hired after May 1, 2009. The costs of the program are shared at 75'0! from the Employer and 25% from employees. Any employee who is not a participant in the plan shall not be entitled to a cash payment in lieu of the Employer's contribution to the cost. Effective May 1, 2009 current employees not participating in the plan will no longer be eligible to participate in the plan now or in the future. Employees impacted by this provision will be eligible to enter the plan provided they register no later than April 1, 2009. City of Saint Jahn I 1 January, 2009 78 Terms and Conditions of Employment- ManagemeaitlProfevsioaialPersonnel Basic Life Insurance Basic Life including Accidental Death and Dismemberment Insurance is a mandatory benefit for all permanent management employees. The Employer contributes 75%p of the cost of the program with employees being responsible for the remaining 25%©. Upon retirement the employee will be entitled to a $5,000 life insurance policy with monthly premium costs being paid for by the City. Optional Life Insurance Optional Life Insurance, through the City's insurance provider, is not a mandatory benefit. It is, however, available for purchase for employees, their spouses and dependants. Employees are responsible for 100% of the premium. Voluntary Accidental Death & Dismemberment Voluntary AD&D is available for employees, their spouses and dependants. Employees are responsible for 100'% of the premium. Employee and Family Assistance Program The Employee & Family Assistance Program (EFAP) is a service that provides confidential, professional assistance to employees and their family members to resolve problems that affect their personal lives and in some cases Job performance. The EFAP is provided at no cost to employees or immediate family members subject to certain exceptions that are detailed in a separate Business Practice. Deferred Salary Leave Program The City of Saint John wants employees to have opportunities to develop their skills and knowledge to the utmost. To assist permanent employees who aspire to develop themselves by attaining further education or who wish to have time off for personal growth, the City of Saint John will hold a portion of an employee's salary for a specified period of time and then allow the employee to take up to one year off with pay equivalent to the amount withheld. Employees who wish to participate in this program must apply in writing to their department head. The department head will consider the request and forward it, along with a recommendation, to the City Manager for a decision on the request. Under these terms and conditions, the employee would agree to be paid a reduced percentage of his or her gross salary for a specified period of time not to exceed five years. The remaining portion of the employee's salary would be paid out at regular intervals (i.e., weekly, bi-weekly, monthly) once the employee begins the leave of absence. City of Saint John 12 January, 2009 79 Terris and Conditions of Employment - Management/Professional Personnel During the entire term of the program, including the leave of absence, the employee would continue to pay his portion of benefit costs through payroll deduction and benefits coverage would continue. Participants would make Pension Plan contributions in accordance with the provisions of the City of Saint John Pension Act. Canada Pension Plan premiums, Employment Insurance premiums and income tax would be deducted in accordance with Revenue Canada guidelines. PART FOUR: Absences due to Sickness, Injury or Disability 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. Routine examinations by or visits to physicians, chiropractors, or dentists are not considered to be part of sick leave. Sick. Leave Benefits The City of Saint John will continue to pay the salary of employees for a period of six (6) months while on sick leave, provided the employee meets their obligation to the employer with respect to the Return to Work Program. All absences of ten continuous working days or greater will be referred to a third party Occupational Medical Advisor (OMA) or Medical Doctor in order to be considered for ongoing Sick Leave Benefits. Also, if an employee has accumulated 10 days of sick leave within a calendar year the City of Saint. John has the right to request medical evidence at any time in order for the employee to be considered for ongoing Sick Leave Benefits. Employees off work due to illness or injury will continue to earn a vacation entitlement for absences up to six (6) months in duration. Return to Work A return-to work team shall be established to work with the employee in circumstances where a return-to-work plan is required. The team shall include the employee, a person City of Saint John 13 Januaay, 2009 80 Terms and Conditions of Employment - ManagementlProfessional Personnel designated by the Employee (optional) and a person designated by the Department Head, and will be administered by a Case Manager (from Human Resources staff). The City will appoint an OMA to objectively assess medical information to make recommendations for design of individual return-to-work plans, and to act as a liaison with the employee's attending physician to understand relevant restrictions or limitations. The OMA shall be knowledgeable of the Employer's and the Employee's obligations and responsibilities concerning accommodation and return-to-work, as well as the various agencies and professionals available to assist in the return-to-work process. The involvement of an OMA is aimed at the individual's prognosis and assisting in determining steps that need to be taken to facilitate a timely return to work. The focus during this process will be on working with the individual employee directly or through their doctors to ensure a timely return to work. Using a case management approach the OMA will provide the following: identification of functional abilities determination of whether a disability exists determination of anticipated duration of illness or disability identification of work accommodations that might promote an earlier return to work At any time during this process when it appears that the individual will meet the requirements for long-term disability as set out in the City of Saint John Employee Pension Plan an application will be filed by the employee with the Board of Trustees of the Plan. Upon approval of a Disability Pension Benefit, the Sick Leave benefit will terminate and the claimant will be transferred to the City of Saint John Pension Plan subject to the terms & conditions applicable to that Plan. All costs associated with the OMA service including any fees associated with medical advice required by the service will be paid for by the Employer. Lang-Term Disability The City of Saint John shall establish and maintain an insured Long-Term Disability Plan which provides: payment equal to 66 2/3% of salary for a period of up to two years where an individual is unable to return to their own occupation due to illness or disability. Payment equal to 66 2/3 % of salary until age 65 where an individual is unable to return to any occupation. The frill details of the plan will be determined through negotiation with the insurance provider. It is the intention of the City to structure the coverage so that it is coordinated with all other disability programs (ie. Canada Pension Plan, City of Saint John Employee pension Plan) such that an individual's total disability compensation is no less than 90% of their current net salary. In addition changes may be required to the City of Saint John City of Saint John 14 Janaaxy, 2009 81 Terms and Conditions ofEniployment _ Management✓Professional Personnel Employee Pension Plan to ensure that individuals in receipt of insured disability benefits continue to accumulate years of service in the Plan. Adjudication and administration of all claims under this Policy will be the responsibility of the insurance provider. Until such time as this insured program is established the City will continue its existing practice ofpaying an employee their salary, in addition to the provision of the Sick Leave benefit, for up to eighteen (18) months subject to the employee fully cooperating with the requirements set out by the OMA and Return to Work Committee. PARS" SIX: Maternity and Paternity Leave Maternity Leave Maternity Leave shall cover a period of 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. Suolementarv 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 Employment 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 employment 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: 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 & Dental 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 or if that position no longer exists one of equivalent stature within the organization. Employees shall be permitted to accumulate vacation credits while on maternity leave. City of Saint John 15 January, 2004 82 Terms and Conditions ofEmployment-Management/Professional Personnel Parental Leave Parental leave shall be unpaid and cover a period of up to thirty-seven (37) weeks after the birth of a child or adoption of a child under the age of nineteen. During the period of parental leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental 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 or if that position no longer exists one of equivalent stature within the organization. Employees shall not accumulate vacation credits while on parental leave. AIN'T SEVEN: Health and Wellness The Employer shall reimburse an employee 50% of the costs, up to a maximum of $600 plus HST per calendar year, for fees associated with. • Membership in a fitness centre, aquatic centre or gymnasium. • participation in healthy living, healthy eating or weight lass/management programs. smoking cessation. any physical or medical examination(s) that facilitate optimal participation in any of the above related activities / programs. PART EIGHT: Employee Development The City of Saint John is committed to providing assistance to all management and professional employees in their on-going professional development. The Employer agrees to pay all or a portion of tuition and related fees (including books) to be incurred by the employee to acquire any certifications, designations, under graduate or graduate degrees that would help fulfill their current or potential future responsibilities with the Employer. The degree to which a particular program will be supported will be based on its applicability to the needs of the organization. This shall include travel costs, if travel is required to meet course requirements. Payment by the Employer is to be agreed to by the employee, his/her manager and the City Manager or designate prior to registration or participation in any course or program. City of Saint John 16 January, 2009 83 Terms and Conditions ofEmPloyment-ManagenentlProfessional Personnel Employees receiving financial support from the City to pursue under graduate or graduate degrees shall be required to continue working for the employer for a minimum of four years following completion of the degree. In the event that the employee terminates their employment with the City prior to completion of this requirement they shall reimburse the City for a pro-rated portion of the costs incurred. The employee shall work on all courses and assignments on his/her own time, however, when the employee is required to travel to a conference, course, or program during normal business hours, the employee is not required to make the time up and shall be paid as if at work. Nothing herein shall guarantee a promotion as there are other factors beyond education that determine the best qualified person for a position. Maintenance of Professional Designations or Certifications Maintenance of professional designations and certifications is a demonstration of competence that is an essential component to the effective delivery of many City Services and in many cases is a prerequisite for carrying out certain responsibilities on behalf of the employer. Accordingly, the Employer agrees to pay the cost(s) associated with the employee maintaining his/her professional designation or certification. Transfer of Knowledge If a certification, designation, under graduate or graduate degree was obtained with the financial support of the Employer, then at the request of the Employer, the employee will participate in any program or initiative that helps transfer the employee's acquired knowledge to other employees of the organization. Such an expectation will be discussed with the employee prior to participation in the subject course or program. PART NINE: General Probationary Periods All newly hired employees must serve a probationary period of 12 months from the date of appointment. During such period the Employer shall evaluate the suitability of the employee for continued employment. Upon successful completion of the probationary period, the employee shall be confirmed in the position. City of Saint John 17 January, 2009 84 Terms and Conditions of Employment - ManagementfProfessional Personnel Workplace Conflict Resolution Procedure Workplace conflicts are to be resolved quickly, in an orderly fashion with the least possible anxiety for all concerned. The Employer is committed to the development and maintenance of a conflict resolution procedure whereby employees can bring matters of concern to their supervisor; ensure fair and equitable treatment for all employees; eliminate dissatisfaction, and resolve problems so that constructive workplace relationships are established and retained. In collaboration with our employees the City of Saint John will develop a Business Practice detailing procedures to be followed with regards to conflict resolution. City of Saint John 18 January, 200.9 85 APPENDIX B March 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Terms & Conditions of Employment Management/Professional Personnel BACKGROUND At the February 16, 2009 Committee of the Whole meeting the City Manager presented a report regarding the proposed Terms & Conditions of Employment for Management/Professional Personnel. The purpose of this report is to provide costing information related to changes incorporated in the proposed Terms & Conditions. ANALYSIS Over-all the proposed Terms & Conditions of Employment are largely a codification of existing practices and as such the cost impact of adopting the document is not significant. There are some changes however, each of the sections of the proposed Terms & Conditions of Employment are discussed below to highlight cost implications. Hours of Work: This section of the document establishes the expectations from the employer with regards to Hours of Work. There are no cost implications in this section. Salaries: The salary administration practices documented in this section are existing practice so there are no new costs involved. There may be cost implications associated with payments for Extraordinary Overtime and On-call assignments. In each of these cases the document requires scheduling of time-off to compensate for these circumstances. It is recognized however that there may be operational limitations that may require payment of time accumulated under these provisions. 86 It is difficult to assess the cost implications associated with these sections as operational demands can vary significantly based on changing service demands due to weather, emergency situations, etc. It is estimated that the cost associated with payment for extraordinary overtime and on-call situations should not exceed $20-25,000 annually. Benefits: Most of the provisions in this section represent existing practice, the exception being the vacation entitlements. The proposed document lowers the thresholds for vacation entitlement. The cost implication associated with these changes comes in cases where individuals need to be replaced while they are on vacation. This does not happen often, in fact one of the concerns expressed by management personnel is that when they return from vacation they have a significant back-log of work to catch-up on due to their absence. There may be times however where operational requirements necessitate temporarily filling of positions while individuals are on vacation. The estimated cost of this change is $10-15,000 annually. Absences due to Illness, Injury or Disability: The provisions in this section call for the establishment of an insured Long-Term Disability program for Management/Professional employees. The cost of the insurance program will be bourne by employees so that any benefits paid from the program are not subject to income taxation. Given this and the fact that sick leave utilization associated with management/professional personnel is not significant there are no cost implications associated with this section. Maternity and Paternity Leave: "There are no new entitlements in this section. Health & Wellness: The proposed document provides for a payment of up to $600 per year for fitness related programs and fees. If all personnel take advantage of this provision the cost would be approximately $48,000 per year. Over the long-term it is anticipated that this cost will be off-set by reductions in costs associated with illness (sick time and prescription drugs) and increases in productivity. In recognition of the fact that not all employees will utilize this program and the potential for cost reductions the annualcost of this provision has been estimated at $24,000. 87 Employee Development: There are no new entitlements in this section. General: There are no cost implications in this section. SUMMARY: In total it is estimated that adoption of the proposed Terms & Conditions of Employment will result in increased annual costs of approximately $60,000. INPUT FROM OTHER SOURCES: The castings in this report have been reviewed by the Commissioner of Finance. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Andrew P. Beckett, C.A. Deputy City Manager Programs & Priorities Terry L. Totten, F.C.A. City Manager 88 March 16, 2009 Deputy Mayor Chase & Members of Common Council: Re: COW Report - Appointments to Committees The Committee of the Whole, having met on March 2, 2009 recommends the following appointment: Rockwood Park Advisory Board: Appoint Margaret Urquhart for a one year term ending March 16, 2010. Sincerely, Ivan Court Mayor 89 rn M ra The City of Saint John March 13, 2009 Members of Common Council: Re: Water Committee The Saint John Water Committee consists of Mayor Court, Deputy Mayor Chase, and Councillors Titus and McGuire. Council has clearly identified Safe, Clean, Drinking Water as its number one priority. To that end, the Water Committee is looking forward to meeting with key Provincial and Federal Representatives. Representation would include: Senator John Wallace and Members of Parliament Rodney Weston, Rob Moore and Greg Thompson. The Water Committee also looks forward to meeting with Provincial Representatives: Minister Jack Kier and Premier Shawn Graham in the near future to discuss this critical issue. Make no mistake about it: This is our number one priority. Motion: That Council send a letter to the Prime Minister of Canada and the Premier of the Province re-stating than Clean , Safe, Drinking Water is the number one priority to the City of Saint John. Sincerely, Water Committee Mayor Court, Deputy Mayor Chase, Councillors Titus and McGuire SAINT JOHN P.0, Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ea ~ C.P. 11971 Saint Jahn, N.-B. Canada E2L 4L1 90 REPORT TO COMMON COUNCIL M&C-2009-68 March 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application for 1671 Sandy Point Road (City Owned Harrigan Lake Property) by North Star Holdings Inc. BACKGROUND: Common Council at its December 8, 2008 meeting considered a report from City staff regarding the potential sale of the City owned property at 1671 Sandy Point Road (Harrigan Lake property) to North Star Holdings Ltd. Council adopted a resolution that deemed the subject property surplus to the City's needs, authorized staff to continue to negotiate exclusively with the proponent for an agreeable purchase price for a period of up to 100 days, and also allowed North Star to apply for a Municipal Plan and/or Zoning By-law Amendment for the site. City of Saint John Common Council, at its February 16, 2009 meeting, referred a rezoning application by North Star Holdings Ltd. to the Planning Advisory Committee for their report and recommendation.. The PAC meeting was to be held on March 10`x' with Council holding a Public Hearing on March 16'~'. The North Star Holdings proposal was to develop two, six-storey multi-residential condominium buildings, each having 83 dwelling units for a total of 166 units on the property. The rezoning application was to rezone the property from "R-IA" One Family Residential to "RM-2" High Rise Multiple Residential to accommodate the proposed development. In preparing the staff report to the Planning Advisory Committee regarding the above mentioned application, planning staff received a significant number of telephone calls and letters in opposition to the proposal. In addition, Planning staff had a number of concerns regarding the suitability of the development proposal for this property and area. Following discussions with Planning staff, the applicant agreed to withdraw the application and request that Common Council not hold the Public Hearing. It is the intent that North Star will meet with Planning Staff and also the concerned neighbours in the immediate area of the subject property to discuss the concerns by both parties of the original development proposal. It is anticipated the applicant 91 Report to Common Council Page 2 March 11, 2009 would then consider changing/amending their project and submit another application to the Planning Advisory Committee and Common Council for their consideration. As mentioned earlier in this report, Council agreed to provide North Star up to 100 days to allow Real Estate staff time to negotiate an agreement on the purchase of the property and to provide the applicant time to pursue any necessary Municipal Plan/Rezoning applications for their intended project. The 100 days will terminate on March 18, 2009. It is staffs desire to continue to negotiate with North Star for the purchase of the property, give the proponent sufficient time to meet with the concerned citizens and to submit a revised proposal for Council's consideration. "Therefore, staff is recommending that Council agree to deal exclusively with North Star Holdings Ltd. for a period not to extend beyond August 31, 2009, or until such time as North Star has stated in writing they are no longer interested in pursuing the subject property. RECOMMENDATION: 1. That Common Council authorize staff to continue to negotiate a purchase price for the property at civic #1671 Sandy Point Road, being a portion of PID ##418129, along with terms and conditions for an agreement with North Star Holdings Limited exclusively for a period not to exceed August 31, 2009, or until such time as North Star Holdings Ltd. has stated in writing they are no longer interested in pursuing the aforementioned property, whichever is the sooner of the two. 2. That North Star Holdings Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel, however Common Council are not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any rezoning. 3. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this process. 11") Respectfully submitted, ~f Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachment CL/c Terrence Totten, F.C.A. City Manager 92 12 ~P•IASr •n• Pr. ~ ~.=.aa g°res= Ah. 7^ACr PAlnr NC. J Subject Site Top of Slop ik N PID-. 418129 (portion of) ,Address: Civic #1671 Sandy Point Roa (Harrigan Lake Property Pan: N/A Date: November 26, 2008 93 Description of Plan: Sale and Development of City Land 1 a _ P. O. BOY, t ~ J~~'~7 i, r'`r11 March 11, 2009 ;k City of Saint John Attention: Elizabeth Gormley, Common Clerk 15 Market Square P.O. Box 1971 Saint John I.B. E2L 4L1 .J r v 5~ w- r.f 1 Re: Rockwood Park Golf Course and Aquatic Driving Range Report submitted pursuant to a Contract between The City of Saint John and Total Golf Management Inc. dated ,'March 0, 1999. Dear Ms. Gormley: This Mayor and Common Council represents the 6th council which this local golf course management company, Total Golf Management Inc., has had the honour to serve and report. to with respect to the private operation by TGMI of the Rockwood Park Golf Course and Aquatic Driving Range, owned by the City of Saint John. The 2009 golf season will be the 15th year of private operation of the golf facilities by TGMI. Done of the current councillors were members of Common Council in March 1995 when TGMI was selected to operate the golf facilities on behalf of the City, under the terms and conditions of a contract signed by the late Mayor Tom Higgins. The original 10 year contract between the City of Saint John and TGMI was negotiated in February and March 1995 after a lengthy and comprehensive Call for Proposals process. The City's reason for seeking private proposal's to operate the golf facilities was best stated on page S of a staff report to Council dated 29 September 1994, as follows: "The pattern over the past five nears indicates there may alwavs be a deficit, since the operations have had good nears in the past as well. In other words, if the Citv continues to operate the golf course one would expect an average annual deficit of approximately $780.000." A subsequent Mayor and Council pledged their support in the continued private operation of the golf facilities by TGMI, when they approved a revised contract on March 1, 1999 with a renegotiated term extending through December 31, 2014 (The original contract term was to end on December 31, 2004). TGMI accepted almost all exposure to the cost of managing and operating the Golf Facilities, with the main exception of sharing the $50,000.00 annual amount specified for Capital improvements. TGMI also pays an annual lease fee of $30,000.00 to the City as a condition of the revised agreement. It should also be noted that the submission of this "Annual Report to Council" is a requirement of the contract. 94 During the 2007 and 2008 golf seasons TGMI completed a major Capital Project to build, rebuild and renovate the tee boxes on the Rockwood Park Golf Course. This project required the diligent efforts of the TGMI maintenance crew, with the assistance of local contractor Sam Maguire. The tees were constructed to golf industry specifications and required spending by TGMI of $65,000.00 beyond that required by contract. Refer to Annex IV for the details of why TGMI embarked on this project. TGMI continued to reflect on the condition of the golf course, with assistance / input from other experts in the golf industry. It was determined that there are many aging assets (several greens, some cart and equipment paths. the clubhouse parking lot and all sand trans) which have reached the end of their useful life and which should receive attention without delau. These proiects will require substantial Capital spending. It should also be recognized that there will be other major Capital expenditures lookingfive to ten years forward, as other assets require renovations / replacement at both the golf course and Aquatic Driving Range. TGMI would sueeest that a meeting; between TGMI and Citv Staff be arraneed to revisit the existing contract. This meeting would address the cavital requirements for the Citv's golf facilities. Such discussions could determine if there is interest in reneeotiatine some of the terms and conditions of the contract to address completion of the required capital proiects, with TGMI's involvement. TGMI has opted to freeze all season pass fees, and green fees for the 2009 golf season, in light of current economic conditions. The one exception to this is a $3.00 increase to the Senior green fee price to $25.00, tax included. This increase is reasonable considering that the tee time restrictions from 2008 have been eased significantly.(See Note 1 in Appendix 61) Common Council should be aware that TGMI currently owns more than $300,000.00 (all purchased new) in specialized golf course maintenance equipment. For the spring of 2009 TGMI has procured a new state of the art aerator, with a price tag of $16,000.00, which is required for necessary maintenance on tees and greens. It should also be noted that TGMI owns 35 power carts, all purchased new, with a replacement cost of $180,000.00. A full time mechanic is employed to manage preventive and corrective maintenance and thus protectthe investment in all equipment. TGMI has managed to continue to succeed at the Rockwood Park Golf Course during some very difficult times in the golf industry. All Golf Trade magazines have reported that annual rounds played across North America have declined each year since 2002 and many golf courses have not survived this trend. In fact, 2007 was the first year since the end of WWII that there were more golf course closures than openings. The Rockwood Park Golf Course and Aquatic Driving Range have experienced the same trend of decreasing usage (rounds played) since 2002. In 2001 there were 32,000 rounds played at Rockwood. [wring the 2005 golf season there were less than 26,000 rounds played. TGMI has survived through this period by managing the entire operation more efficiently and reacting to the decreasing usage by reducing expenditures. 95 Within this annual submission to Common Council, please find a report from Total Golf Management Inc. to the City of Saint John which is being provided in accordance with Article IV(11), IV(13) and IV(15) of the contract between the City of Saint John and Total Golf Management Inc. dated March 5, 1999 involving the Rockwood Park Golf Course and Aquatic Driving Range. Attached to the report are four (4) Appendices as follows: - Appendix I provides a summary of enhancements, accomplishments, refinements, improvements and operating highlights of the past year as set out in Article V(13). Appendix II provides a summary of the proposed 2009 Fee Structure with the 2008 rates for comparison purposes as contemplated by Article IV(11). - Appendix III provides the proposed Capital Improvements forthe facilities during 2009. - Appendix IV provides details on why the progressive and expensive tee refurbishment project proceeded. TGMI hopes that the report is received favourably and filed by Common Council and that the proposed golf fees are approved. Respectfully submitted, J Gerry lChnolly President, Total Golf Management Inc. cc: Gary Lawson 96 TOTAL GOLF MANAGEMENT INC. -and- THE CITY OF SAINT JOHN Rockwood Park Golf Course and Aquatic Driving Range Report 97 INDEX Appendix I Accomplishments / Enhancements 2008 Golf Season Appendix II - Proposed 2009 Fee Structure Appendix III - Proposed Plans / Enhancements 2009 Golf Season Appendix IV - Details on why TGMI proceeded with the tee refurbishment project 98 99 APPENDIX I Accomplishments / Enhancements 2008 Golf Season. City staff conducted site visits to assess TGMI`s contractual performance. Feedback from the City to TGMI indicated that it is fully cornoliant with contract terms and conditions. Similar annual performance reviews have transpired each year since contract signing. It should be noted that Citv staff were especially complimentary about the remarkable ranee, depth and quality of Capital work completed during the 2007 and 2408 eolf seasons; This work by TGMI was far in excess of that required by contract. TGMI continued to operate a Junior Golf Program for many local youth between the ages of 10 and 18 years. The program has been offered' each year since 1995 and provides great value. The Program includes. 1) A series of golf clinics and, in some cases, private instruction, 2) an Opening Field Day to kick off the golf season once school classes end, 3) a club championship whereby a junior male and female club champion are crowned, 4) a Closing Field Day in late August and 5) an opportunity to play a lot of golf for a very reasonable annual fee, with few restrictions. There were a total o 25,243 rounds of golf played at the Rockwood Park Golf Course during the 2008 golf season. The approximately 250 season pass holders accounted fort 1,658 rounds of golf, about 46% of total usage. It should be noted that the City has specified an annual contractual limit of 250 Season Passes to ensure that the local general public, who pay daily fees / green fees ( accounting for the other 54% of total usage), have fair access to the golf course. Appendix lI explains the remarkably great value which a. Season Pass provides. The Rockwood Park Golf Course hosted the local United Way Charity Golf Tournament again in 2008. TGMI waives all green fee costs associated with this annual event. contributing si%nificantly to the annual bottom line of the charity. The resultine lost revenue to TGMI for this "in-kind" community support was more than $ 3,700.00 in 2008. The golf course also continued to host other Charity golf tournaments and worked diligently with tournament organizers to maximize event fund raising. Several corporate golf outings were again scheduled throughout 2008. These events allow TGMI to showcase this wonderful City asset to local residents and visitors to the City of Saint John. Cruise ship passengers and crew are also regular customers at the Rockwood Park Golf Course and are widely complimentary of the quality and value of the golf experience offered. The Carnival Cruise Line has already initiated discussions with TGMI to arrange continued cruise / golf packages at the Rockwood Park Golf Course in 2009. 100 A very unique and effective annual fund raiser, a Helicopter Ball Drop, was again hosted by the Rockwood Park Golf Course in support of the local Animal Rescue League. Numbered golf balls are sold throughout each summer and the golf ball numbers are cross referenced to the name of each purchaser. All of the registered bal Is are then dropped from a helicopter onto a temporary green on Rockwood' Park's first fairway. The ball that finishes either in the hole or closest to the hole wins the grand prize; a $5,000.00 cash award in 2008! The Helicopter Ball Crop event raised $19,000.00 for the ARL. TGMI's assistance in delivering this flawlessly organized fund raiser is performed at no east. TGMI completely reconstructed the teeing grounds (enlarging the surface area and building additional tees where possible) on holes #1, #2, #3, #4, #5, #8, #9 and #14. The tee reconstruction / expansion project began in 2007 after a detailed plan was developed with significant input from two very well respected industry experts (golf course superintendents from Mactaquac and Hampton), and with the approval of City staff. This major Capital project was completed in 2008. The tee boxes had been, for the most part, too few, too small and were constructed using non spec material. While TGMI has maintained the tees in accordance with contract specifications throughout the contract term, they were beyond the end of their useful life, as they were in 1995 when this public / private agreement began. TGMI excavated the subbase of each reconstructed tee to a depth of approximately 18 inches, replaced it with a specified sand / soil material, levelled and enlarged the usable area on most tees, replaced all irrigation lines and components, constructed stairways and protective barriers where required and, finally, sodded to finish the job. Again, TGMI spent $65,000.00 more on Capital work in 2007 and 2008 than required by contract. 101 APPENDIX If 102 APPENDIX 11 Proposed 2009 Fee Structure (HST included) GREEN FEES - 7 davs a week 2008 2009 7am-1 pm $ 37.00 $ 37.00 1:10pm-3pm $ 31.00 $ 31.00 After 3pm $ 25.00 $ 25.00 Senior green fee (See Note 1) $ 22.00 $ 25.00 Junior green fee $ 18.00 $ 18.00 Note 1 - Senior green fee players were restricted to afternoon golf rounds each Monday through Thursday in 2008. Responding to feedback by many seniors wanting fewer restrictions i.e. morning play in prime time, the senior fee now applies all day each Monday through Fridav through the entire golf season, for any golfer who has reached their 60`u' birthday SEASON PASS ANNUAL FEES 2008 Adult $ 960.00 Senior (restricted) $ 710.00 Senior (unrestricted) $ 850.00 Student $ 410.00 Junior $ 285.00 2009 $ 960.00 $ 710.00 $ 850.00 $ 410.00 $ 285.00 USEFUL INFORMATION ABOUT SEASON PASSES AT ROCK'WOOD PARK Question: What is the difference between a Membership and a Season Pass? Answer: Membership does have its privileges but it also comes with risk. That is. an overall financial loss at a member oriented golf club will lead to an equal monetarv "assessment" on each member to cover the loss. Season Passes carry no risk of additional cost bevond annual dues and are generally purchased to reduce an individuals usage cost oer round. Question: How many Saint John residents have a Season Pass at Rockwood Parr Golf Course? Answer: Season Pass holders comprise about 114 of 11% (about 250 individuals) of the Citv population, while consuming almost T/2 of the tee times. Question: Do all City tax payers have equal access to a Season Pass each year? Answer: No thev do not. By contract, anvone who attains a Season Pass does not have to ready for a Season Pass the following wear, or in any subsequent vear, unless then choose to not renew. This process began in 1995, immediately after contract signing. The Citv Provided TGMI with a list of Season Pass holders from the 1994 golf season (while the golf course was operated by the Citv) and it was required that those individuals would be guaranteed a Season Pass in 1495 and bevond, if thev so wished. Manv of them still retain their Pass. 103 Question: Is there a fairer system that could be employed to select Season Pass holders each year, similar to the annual provincial moose license draw, for example? Answer: Perhaps there is a fairer system, but the current method must be followed under the terms and conditions of the existing contract. Question: Does a Season Pass at Rockwood'. Park provide good value? Answer: While TGMI is obviously in a position of bias regarding this question. it does submit that, excluding lunior golfers. all other Season. Pass categories combined pav less than $10.00, net of taxes, on average per round of golf. This is much less than the average net revenue reauired to meet the cost of delivering each round of golf at this 18 hole golf course, based on 28,000 total rounds. The best evidence of this value is that the annual demand for Season Passes continues to be high. In fact.. Season Pass fees are artificially low thanks to the much higher fee per round generated by daily fee or tournament golf i.e. greens fee players. Question: Should the existing contract terms and conditions be amended to either eliminate Season Passes or to allow an unlimited number of Season Passes to be offered to the general public each golf season. Answer: TGMI believes that the current contractual terms and conditions pertaining to Season Passes are sustainable. Most pass holders are ambassadors of Rockwood Park Golf Course and take pride in the general auality of the overall product for the fee. Finallv, anv increase in the contractual Season Pass limits would require significant increases in annual Season Pass fees and would certainly move this municipal facility in the direction of becoming a limited access or private golf operation which is not desirable for anv Municipal facility. 104 APPENDIX III 105 APPENDIX III Proposed Plans/ Enhancements 2009 Golf Season. TGMI, in consultation with other golf industry experts, has identified the following golf course assets which require imminent rebuilding/ renovation: - Green #15 Green #5 Green #4 - Green #7 and - AI I sand traps Some cart paths and the unpaved portion of the clubhouse parking lot The City and TGMI will collectively spend $ 50,000.00 on Capital work in 2009 as required by contract. The selected projects, from the above list, shall be chosen in consultation between TGMI and City Staff. Again. TGMI offers to meet with City Staff to revisit the existing contract. Perhaos discussions could determine if there is interest in reneRotiatinR some of the terms and conditions of the contract to address comDletion of imminent Cax)ital broiects with TGMI's involvement. TGMI will continue to spend significantly on marketing/ advertising the many attributes of the golf course. Radio and print have been the main focus of media advertising, with occasional ads in the Board of Trade News Letter. A website is available at www.rockwoodDark2olf.com. It is a comprehensive website, developed by a local company at considerable cost to TGMI, to promote the golf course as another one of the many assets in this diverse City. 106 ik?PENDIX IV 107 APPENDIX IV Interactionslcommunications between the City and TGMI have been cordial, for the most part, since 1995. Reluctance by some members of Common Council to approve proposed adjustments to the fee structure first surfaced in the spring of 2003, and continued for the next couple of years. Criticism of TGMI's Annual Report to Council was almost singularly focussed on opposition to any increase to Season Pass Fees.( See Appendix II, attached, for details pertaining to Season Passes) In july 200" it was publicly reported that TGMI was allegedly breaching its contract with the City at the Rockwood Park Golf Course. The remarkably severe criticism, attributed to two councillors, alleged that TGMI was not meeting contract terms and conditions with respect to golf course maintenance. The criticism was subsequently determined to be unfounded in a detailed Staff Report to Council. Ironically, one conclusion of the Report was that golf course maintenance was being delivered as required, but the approach to proposed fee increases by some past councils was a deterrent to course improvements. The negative press generated as a consequence of these reckless and unwarranted public allegations resulted in an immediate discernable decrease in golf course revenues. After a few days of deliberation TGMI decided the best rebuttal to the negativity would be to immediately embark on a major Capital project; a project that would require spending far beyond that specified within the terms and conditions of its contract with the City. TGMI responded by completing a major project whereby new tee boxes were constructed and existing tee boxes were either renovated or rebuilt. The details of the project are provided in Appendix 1. TGMI, however, is unable to continueto exceed spending on Capital work beyond the contractterms and conditions. TGMI will spend $ 25,000.00 towards Capital work in 2009, as specified by contract. Combined with the City's matching Capital contribution, there will be $50,000.00 allocated for Capital this year, which is far short of the substantial investment required for imminent Capital work. This situation is exacerbated by the contractual condition which excuses TGMI from contributing to Capital spending in years 2010 through 2014 (In contemplation that TGMI would receive little or no benefit from such long term capital expenditures). It may be worthwhile, as suggested within this report, for the City and TGMI to meet and develop options for moving forward with necessary and immediate Capital projects. 108 Symphony New Brunswick Symphonie Nouveau-Brunswick March 12, 2009 Mayor Ivan Court and Members of Saint John Common Council City of Saint John 15 Market Square C.P.1971 Saint John (NB) E2L 4L 1 Your Worship and Members of Saint John Common Council, As President and Board Chair of Symphony New Brunswick, I wrote on behalf of the Board of Directors to the then Mayor and Members of Common Council on April 14, 2008 requesting that our annual grant be increased from $5,000 to $10,000. After the municipal election, I met with Mayor Court to discuss my earlier request. There were inquiries from several City Departments over the summer and fall about our request and we were asked if we wished to appear before Common Council. We agreed but nothing was scheduled. I was, therefore, quite disappointed to learn from Mayor Court today that we did not make the budget cut at all. Symphony New Brunswick is the only major provincial performing arts organization based in Saint John. Theatre New Brunswick is located in Fredericton and Atlantic Ballet Theatre is based in Moncton, both have regular performances in Saint John. SNB has its regular season in Fredericton and Moncton as well as in Saint John, where the largest audiences are. Our audiences in Saint John at the Imperial Theatre are nearly full houses, with attendance numbers ranging from 550 to 850. TNB receives annual operating support from the City of Fredericton and Atlantic Ballet Theatre has a I 0-year commitment for $50,000 per year. Our request is small in comparison. I am attaching hereto the most recent data from Orchestras Canada, which shows the municipal/regional grants for orchestras across the country in 2007-08. As you can see, Saint John is very near the bottom when compared to orchestras in the other municipalities. Since you have my earlier letter, which lays out the reasons why an annual grant from the City of Saint John is important to SNB,1'll not try to repeat the arguments here. I'll only underscore two points. The Symphony presence in Saint John is a great draw to companies, agencies and individuals thinking of locating to Saint John. Given the growing internationalization of Saint John, you should know that new immigrants attend our concerts, are involved in our youth apprenticeship program, and are even members of the orchestra so that SNB is a draw for new immigrants. Secondly, in approaching individuals, companies and foundations for support, we are frequently asked what the City of Saint John does financially for SNB. To be able to say that we have the support of the City is therefore important in raising the additional funds necessary to put on our Brunswick Square, Level 119, 39 King Street, Saint John, NB E2L 4W3 T. 506-634-8339 F: 506-634-0843 Ismail: symphony 9nbnet.nb.ca Websit+e. www.symphonynb.com 109 annual schedule of concerts. Our outreach program extends to school children around southern New Brunswick and has been well received by music teachers, principals and students. We have glowing letters from children and principals that speak to the importance of our outreach program should you wish to see them. We have an excellent symphony orchestra that Saint Johners are justifiably proud of and grateful to have in the community. Under our new Music Director, the orchestra continues to improve in quality and range of music it performs. Over the last five years we have worked our way out of debt so that we no longer have any accumulated debt and have had a small surplus on our operating budget in each of the past five years. We have a strong volunteer base in Saint John and the other two cities. Like all orchestras in Canada, we derive only about 40 percent of our operating budget from ticket sales and must rely on provincial government and Canada Council support together with annual giving and sponsorships from companies, foundations and individuals to make up the difference. It is a challenge every year but we have managed. Annual support from the City of Saint John has certainly helped. I must ask you to reconsider our request for support. If there are any unallocated funds available, I would ask that we be given serious consideration. We are, and wish to remain, a feather in Saint John's cap and wish to remain so. With your help we can do so. Our budgets range annually from $500,000 to $725,000 and much of the money is spent in Saint John. The Board understands it is a tight budget year for the City and we certainly are aware of the challenges. If the increase to $10,000 is unattainable this year, a grant of $7,500 would greatly help as would a continuation of the past level of support of $5,000. ~rioely, J Thomas J. Condon, CM., Ph.D. President and Beard Chair 110 Orchestras Canada Comparative Report 2007-08 Municipal/Regional Grants Montreal Toronto National Arts Vancouver Calgary Edmonton Winnipeg Quebec Kitchener Centre Waterloo $435,000 $1,004,000 $1,002,175 $287,003 $330,000 $240,000 $547,506 $394,483 Tafel-Musik London Victoria Metropol- Nova Scotia I Musicie Windsor Regina Thunder Bay itain Montreal $135,000 $463,591 $367,900 $255,000 $15,000 $75,000 $300,000 $97,500 $170,000 Saskatoon Hamilton Phil Trois Laval Manitoba Kingston Newfoundland Kamloops Okanagan Orch Rivieres $46,579 $107,689 $90,000 $80,000 $41,000 $85,000 $50,000 $75,793 $66,793 Ottawa New Saguenay- Niagara Prince Vancouver Mississauga Red Deer Timmins Brunswick Lac St. Jean George Island $72,000 $5,000 $45,000 $10,000 $90,000 $57,200 $90,000 $14,000 $0 Sudbury Lethbridge International Oakville Brantford Georgian Prince Edward Peterborough Orchestra Bay Island Toronto $26,000 $46,000 $0 $12,000 $12,300 $0 $2,500 $0 $18,000 North Bay Sault Guelph Kootenays Sooke Quinte Cathedral Huronia Hamilton Bluffs $0 $5,000 $3,000 $5,150 $0 $0 $10,500 $17,000 $12,044 111 _ municipal /Regional Support 2007-8 Selected cities With comparable orchestra Presences 97,500 Regina 90,000 _ Prince George 90,000 Mississauga 72,000 - Ottawa 57,200 Vancouver island 50,000 Newfoundland 46,500 Saskatoon 46,000 Lethbridge 45,000 Saguenay-Lac St- Jean 26,000 Sudbury 1$,oaa Orchestra Toronto 15,000 . Halifax 14,000 Red Deer 13,2'2 Georgian BaY 12,000 OuelQh - 10,000 Niagara 5,000 Saint John 112