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2008-11-10_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, November 10, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. Council Chamber Committee of the Whole Open Session 1. Standing Committee System (a) Presentation (b) Vision 2015- Final Report (c) Discussion Paper on Council Committee System (d) Strategic Decision Making Model Report (e) Draft Committee System By Law 2. Terms & Conditions of Employment - Management/Professional Personnel Regular Meeting 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of October 27, 2008. 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Capital Funding Request - Trade & Convention Centre (Recommendation: Refer to Clerk to Schedule) 5.2 Fundy Region Solid Waste Commission (Recommendation: Refer to City Manager) 5.3 Proposed 2009 Common Council Schedule (Recommendation: Approve Proposed Schedule) 5.4 Saint John Police Force 2009 Operating Budget (Recommendation: Refer to Clerk to Schedule) 5.5 Saint John Port Authority (Recommendation: Refer to Nominating Committee) 5.6 Saint John Waterfront Development Request to Present (Recommendation: Refer to Clerk to Schedule) 5.7 Saint John Waterfront Development Maintenance of Harbour Passage (Recommendation: Refer to Budget Deliberations) 5.8 BIA Membership of Uptown Saint John Inc. (Recommendation: Refer to Clerk to Schedule) 5.9 Human Development Council Request to Present (Recommendation: Refer to Clerk to Schedule) 5.10 Request for Grant in the Amount of Municipal Fees for Residential Hospice Project (Recommendation in Report) 5.11 Crane Mountain Road (Recommendation in Report) 5.12 Land Acquisition Thorne Avenue Lift Station 4 Easement through lands of 507392 NB Ltd (Recommendation in Report) 5.13 Purchase Pay & Display Parking Machines (Recommendation in Report) 5.14 Heat Recovery System Stewart Hurley Arena (Recommendation in Report) 5.15 Access Control and Video Monitoring Systems for Fire Department Facilities (Recommendation in Report) 5.16 Lease of Land - Hotel Courtenay Bay Sale of Freehold Interest (Recommendation in Report) 5.17 Winter Material Storage Facility (Recommendation in Report) 5.18 Land Acquisition Thorne Ave Lift Station 44 Project - Easement Through Lands of McAsphalt Industires Ltd (Recommendation in Report) 5.19 Agreement of Purchase and Sale City Land adjacent 1641 Sandy Point Rd (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 National Housing Day 7.2 Domestic Violence Awareness Month 8. Delegations / Presentations 8.1 St. Joseph's Community Centre 9. Public Hearings 7:00 p.m. 9.1 Section 39 Amendment 430 Prince Street West 10. Consideration of By-laws 10.1 Third Reading Zoning By-Law Amendment - 951 - 961 Fairville Blvd. 10.2 Third Reading Zoning By-Law 324 Duke St. West 10.3 Third Reading Zoning By-Law Amendment 106 Spar Cove Rd. 10.4 Public Presentation - Peel Plaza, Proposed Municipal Plan and Zoning By- Law Amendment 10.5 Public Presentation - Proposed Municipal Plan Amendment 14 McLaughlin Cres. 11. Submissions by Council Members 11.1 Committee of the Whole Debate in Open Council (Councillor Sullivan) 11.2 Webcast of Open Council and Committee of the Whole (Councillor Sullivan) 113 Items in Closed Session (Councillor Killen) 11.4 Budget Deliberations/Presentations (Councillor Titus) 11.5 Commission, Boards and Committees (Councillor Killen) 11.6 Information Sessions (Councillor Killen) 12. Business Matters - Municipal Officers 12.1 Les Jeux de L'Acadie - 2010 12.2 Princess Street Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction 12.3 Vacant and Derelict Buildings 12.4 Designation of Individuals for By-law Enforcement Purposes 13. Committee Reports 13.1 City of Saint John Board of Pension Trustees Response to Council Resolution 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 10 novembre 2008 Comite plenier (seance publique) 1. Ouverture de la seance 17 h Salle du conseil 1. Syst&me des comit6s permanents a) Presentation b) Vision 2015 - Rapport final c) Document de travail sur le systeme de comit6s cr66s par le conseil d) Rapport sur le modele de prise de decisions strat6giques e) Ebauche de 1'arret6 relatif au systeme de comit6s 2. Conditions de travail du personnel de direction et des employes professionnels Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces-verbal 2.1 Proc&s-verbal de la seance tenue le 27 octobre 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande de financement des d6penses - Centre du commerce et des congr&s (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fix6e) 5.2 Commission de gestion des d6chets solides de Fundy (recommandation transmettre au directeur general) 5.3 Proposition du calendrier des seances du conseil communal pour 2009 (recommandation : approuver le calendrier propose) 5.4 Budget de fonctionnement de 2009 du service de police de Saint John (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fix6e) 5.5 Administration portuaire de Saint John (recommandation : transmettre au Comit6 des candidatures) 5.6 Demande presentee par Partenariat d'am6nagement du secteur riverain de Saint John (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fix6e) 5.7 Entretien du Passage du port par Partenariat d'am6nagement du secteur riverain de Saint John (recommandation : renvoyer aux discussions relatives au budget) 4 5.8 Membres de la zone d'am6lioration des affaires (BIA) d'Uptown Saint John Inc. (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fix6e) 5.9 Conseil de perfectionnement social - Demande de presentation devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fix6e) 5.10 Demande visant 1'obtention d'une subvention au montant des droits municipaux pour le projet r6sidentiel de 1'Hospice (recommandation figurant au rapport) 5.11 Chemin Crane Mountain (recommandation figurant au rapport) 5.12 Acquisition fonciere de la station de relevement no 4 de l'avenue Thorne - Servitude des terrains de 507392 NB Ltd (recommandation figurant au rapport) 5.13 Achat de syst&mes de paiement a console d'affichage (recommandation figurant au rapport) 5.14 Dispositif de recuperation de chaleur de 1'ar6na Stewart Hurley (recommandation figurant au rapport) 5.15 Syst&mes de contr6le d'acc&s et de vid6osurveillance pour les installations du Service d'incendie (recommandation figurant au rapport) 5.161-ocation de biens-fonds - Vente de l'int6ret franc de 116tel Courtenay Bay (recommandation figurant au rapport) 5.17 Installation de stockage du materiel d'hiver (recommandation figurant au rapport) 5.18 Projet d'acquisition fonciere de la station de relevement no 4 de l'avenue Thorne - Servitude des terrains de McAsphalt Industries Ltd (recommandation figurant au rapport) 5.19 Convention d'achat-vente d'un bien-fonds municipal adjacent au 1641, chemin Sandy Point (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e nationale de Mabitation 7.2 Mois de sensibilisation a la violence familiale 8. Delegations et presentations 8.1 Centre communautaire St. Joseph's 9. Audiences publiques 19h 9.1 Projet de modification des conditions impos6es par Particle 39 visant le 430, rue Prince Ouest 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'arret6 de zonage visant le 951-961, boulevard Fairville 10.2 Troisieme lecture de 1'arret6 de zonage visant le 324, rue Duke Ouest 103 Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 106, chemin Spar Cove 10.4 Presentation publique relative au projet de modification du plan municipal et de 1'arret6 de zonage visant la place Peel 10.5 Presentation publique relative au projet de modification du plan municipal visant le 14, croissant McLaughlin 5 I 1. Interventions des membres du conseil 11.1 136bat du comit6 pl6nier devant le conseil (conseiller Sullivan) 11.2 Web6mission des seances publiques du conseil et du comit6 pl6nier (conseiller Sullivan) 11.3 Points pr6sent6s devant le conseil en reunion priv6e (conseiller Killen) 11.4 Discussions/pr6sentations relatives au budget (conseiller Titus) 11.5 Commissions, conseils et comit6s (conseiller Killen) 11.6 Seances d'information (conseiller Killen) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Les Jeux de L'Acadie - 2010 12.2 Installation de la conduite d'eau principale et des 6gouts sanitaires et pluviaux et travaux de refection de la rue Princess 12.3 Batiments vacants et abandonn6s 12.4 Nomination de membres pour 1'ex6cution des arret6s municipaux 13. Rapports deposes par les comites 13.1 R6ponse presentee au conseil d'administration du regime de retraite de The City of Saint John sur la resolution du conseil 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance Cfty I'Li'd1l IN). Box 1971 506 658-2800 N,1,e w Bru;uns'v 6A,, ""'a nacla E21... 41 A October 2, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Fellow Councillors, Re: Standing Committee System k ty, cif s:mha 10l1111i. The enclosed material provides background information on the proposed Standing Committee system, including; • Presentation • Vision 2015 - Final Report • Discussion Paper on Council Committee System • Strategic Decision Making Model Report • Draft Committee System Bylaw The teach-in to be held on Thursday, October 91h will touch on the key considerations in these reports and introduce a comprehensive model for a standing committee system. The intent of this session is to provide sufficient information for Council to make an informed decision on whether or not to proceed. The material is being provided well in advance of the teach-in in order to allow you sufficient time to familiarize yourself with the concept of a standing committee system and the attendant issues. The format will be informal and will provide ample opportunity for each of you to raise any matters of concern. Follow up session(s) can be scheduled as required. I look forward to discussing this material with you and would be pleased to respond to any inquiries in the interim. Respectfully Submitted, &atrickWoods CGA Deputy City Manager 7 i-Making Model nrr r rOHN Proposed Nr-, v Governance odeE Community Vision - The Future WNi K){rd III . . VVIIII rTederrrnirn 9 11he diI m urtlr„ip? should move uuuu P',91I I OW k ';rro ;AS--g:tlNEk"miko Ilk Gd~grntv~'!Ongg & Prkw6z OtP j Y. m Vaakdat to (ramrnm iuulll 1:1e~~a~:rgairn~ m&rcblaa~i I:~u~or.~,. annul Monilonng Outcomes and Pr-r?,-- I 1 8 s"E..,i lmc.iWmentation - Integration Principles of Good Governance &V1-:wVq Legitimacy Vol Democratic A ,;sible and Representative Direction Strategic Vision Performance Responsive and Effective ' Efi ident Accountability Accountable Transparent Fairness Equity Rule of Law Desired Outc'- mmv :lwm d4~~: S~ni fir, M+nprc,'d 2 9 ROLE- POLITICAL REPRESENTATIVES U STATUTORY 35(2.1) ouuuU POLICY 1 NI SHALL CONSIDER THE I p PROGRAM PLAN WELF D :N NFW INITIATIVES INTERESTS OF THE ENIIEE COMMUNITY PRIORITIES 11':~3 PARTICIPATE IN SERVICE OBJECTIVES DEVELOPING AND Y BUDGET EVALUATING POLICIES AND PROGRAMS IN EVALUATION If:~N PARTICIPATE IN COUNCIL M PLAN IMPLEMENTATION AND COMMITTEE MEETINGS v1 PERFORMANCE OBJECTIVES . moon Me Swat jd n Go- IP I L - COUNCIL I 1 STATUI EL-TS CUT RESPUOSIBILITIES V IT IS THE DECISION MAKING BODY 11111111 ONLY COUNCIL CAN ADOPT BYLAWS, RESOLUTIONS 11111111 RECEIVES RECOMMENDATIONS FROM COMMITTEES, CAD, Cs, C munlty, Spada] Interest Groups 11111111 ROLE MUST BE RESPECTED - VICE RSA vkwwo 8-1 C obi Policy advice Council/SPCs 111111 Provides broad perspective B Analysis of issues uulu Leadership Coordination i 1111 Accountability 111111 Submits Budget N Works With community initiates programs - u d n ellmvmmmu. a e,w„ v. II 10 Policy Focused System ;y„'1 reset.; u Policy a governing) principle, plan or &ection that guides or Influences future decisions ooulu Couri,61 make's public policy decisions; others implement ~ 1 ~~~~`~~~~~~~~'•1~~~~~~~~1 ~ , . ~~~g9999999999999t Adopt a budget and set tax rate. Propose a budget. Analyze alternatives. Spend within Fr nits Adopt a vision and goals for the Delver services in support of community and set strategic direction, council's strategic direction. Adopt policy allowing or prohibiting Enforce terms of parking policy. off-street parking ens, as+s s.Mm aamr rt ..m.nc. RMOO Mode f Feature:: o Anchored In Achieving Community's Vision in Focused - policy and strategic direction IIIIIIII More active/involved roles for Councillors a Enhanced public participation 1x111 More effective decision-making process IIIIIIII Improved effectiveness and efficiency in operations a Improved accountability and transparency VAW apses aces 4 11 Political rg7,::--pion MIN, rim 1 4 - - - - - - - - - - - - - - - - - - - - - - i Rdw irn uIjrj '0 p%nl'r~~ Potential Beneffisr-id Pitfalls ++In' IQHi in Potential Benefits °u Pa I F b 1:1 Specialize IICt Ignore v1sim Ml Interests 110 Dupka sffort Citizen input 110 Fragmented Outlook i opinion Speetl up work IILl Duck passirig :.N Informal atmo5pnere 110 1 Neg M I cornmnity 1:1 Participation staff IICt Interf ence mi 1:1 Better doclsions Ita Ca ` t jurisdiction IIM1 Accountability IIIIII T Lees IIM1 Responsweftransparonl 12 Standing Committee Mandates Plk~LKAIN ! Standing committees mi-it t r mmendaUans to Council on policy within a specified mandate e Broad mandates define the purpose and authority (sphere of jurisdioGon) of each committee in Standing Committee mandates established by Bylaw, !CI Urban Development ann Safety 0 Economic Development and Envuwlment El Infrastructure Development gDCommunity and Cultural Dev, ment Ifs Coordinating Committee wv~w~ RDAD aM~a Jrsfin Rayanca Committee of the Whole: All embers of Council uuuul Coordinating; Mayor (Chair), Chairs Cs uuuul Standing oiicv Committees Members of Council m 'WIWMN ;9096 0eumD.iFtlhm PFn:~MM Appointments 1A I a' rc~•.It+ m......... Chairs nominated by W, :yor-appointed by Council 111111111 Committee Members appointed by Council I'.N ONE FROM EAOM MARD I'. N MEMBER OF AT LEAST TR* SK AT ALL 1 I',N M0F17ATR MAMTMFIEEDU-GTER"QFQI D e Vice Chair elected by Standing Committee Membership fillip Can only chair one committee at any given time IN A Member of Council cannot chair same Committee in consecutive rotatlons Hli®nmm. 9010 U" JOIN G- F"Fr o 6 13 Commiftee Rotations Chairs are rotated every two (2) years uu't Membership is rotated every two (2) years M Two (2) Members remain on the Committee with three(3) new Members added uuiuui' Rotation occurs midway through Mandate (June) 111111111, Appointments according to establish process vh~ Iola SM t .47mnm N..ca 7 14 Termination sk rY 89 , a 01111 Non ® RE Srrnance ~ W Personal Agenda IIIIIIII Not calling Meetings dlll'!e y- ~ uI!1 Not. Representing Views 1 Committee I Not Attending ; k I IIIIIIII Procedures Na Rare Occurrence V.- TWO &W ~ K-- Inca Big Picture £Uhs 'OHN Four PC - One Coordinating Anchored in Achieving W on - Policy Focus 1110 Respects Governance Principles I Rotations - Exposure, Expertise, Interest New Process - Access Point is the SPC III New Roles - Chair, ember, Councillor S Better Outcomes - Performance, Accountability UDR Risks Fragmentation, Roles V MIS .SWA Jelin P......... 8 15 Governance Example SAINT JOHN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIOOIIIIIC"""""""""""""""""""""""""""""""""' ra ~1 m.mw 6.o.o»a. Out me • IGanmrnmrorttlffimsn ~ ~9acWWS PerCc enG~ Accc ab!Nly W. AdI'IbIn,,,YkTLW,1P} I,.I mRa rig xw.aa Ili4^.c.....! MXNan 1015 Sa JW. Cbrm.YVammp P,.~W r' Governance Example SANT IMM IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RssaruLOn DECIDES (IPrkarNas) . Buapel RECOMMENDS P N (owfJ:,arnsa) • i ria~rcn.rono d' li Y i i l m«=k C.___~~ & i VYS,aa 2015 U,-I Jahn GovC - P,*W 7. Meeting Schedules .WNT IOHN Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllu. Ill Standing Committees meet once a month I:::::ICocrdinating: ondays - every second Committee of the whole meeting ClStanding Policy 1: 181 Wednesday each month ClStanding Policy 2: 2"d Wednesday each month nStandin Policy 3: V Wednesday each nth nStanding Policy d: 4th Wednesday each month N Between 11:30 A and 1:30 PM in Chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1615 + 16 racticJiti s o Implementation Council Commitment 0 G bl Support of Councillors j tlllllll Meeting Frequency ouuum Public Access and Participation ut't Learning Curve IIIIIIIIII S bility during Transition IIIIIIIIII Legislative Changes Hill Relationships to ABC Agencies, Bo;ilyds & Commissions i,,, ei KrlN m Us ABCs deliver ~.wirvV: is 1, ihalf of City tr ABCs contribute to policy development with recommendations and information rw City ABCs directly accountable to Council, i ABCs will be reporting through one or more or the Standing Policy Committees (depending on SPC mandate) uuuuY ABC mandate, authority, membership, service outputs defined in Terms of Reference Vk.- 2019 a. , C~, PmMO Agencies, Boards & Commissions I Required repcr;ing to Council through one or more S PCs on: I Activrilas and performance 13 ~kw actwittes contribute to ncirs policy. strat direction and pnonties uVVIV Budget allocations dependent- reporting, performance, outcomes and alignment with strategic direction uuulu Requires Individual review to determine real need 11111111 LT - Councillors should be Governors not ABC members kh- 2015 $ahl.9o. IPn s 10 17 ~17 C &AW K N HI Council di: ;tL n ibis a committee system better for the City and Citizens? OWnal Improvements are required Diming of Implementabon d Implementation Finalize committee mandates 1!1 r C Bylaw amendments Vq 2015 Ec~vrt+I xmYrvr Cpww- P'q.A 10olitk-al Organization G-rnance Rolm II II II II II II an+m.~.~rcaa Prcpwi, 11 18 t` r f~ am VISION 201.5 f i OUR I~ SAINT JO OFT UT CITY OF SAINT JOAN NOVEMBER 26, 2007 Ilk '~40^a if GV nlO^u 19 VISION 2015 OUR SAINT JOHN OF THE FUTURE TABLE OF CONTENTS CITY OF SAINT JOHN NOVEMBER 2007 ACKNOWLEDGEMENTS 1 THE CITIZENS ADVISORY GROUP 1 INTRODUCTION WHAT IS VISION 2015? 3 WHY IS VISION 2015 IMPORTANT? 3 PARTNERING FOR SUCCESS 3 HOW WAS VISION 2015 DEVELOPED? 4 TRANSLATING VISION INTO ACTION 4 COMMUNITY VISION 5 INTEGRATED COMMUNITY SUSTAINABILITY PLAN 5 COUNCIL PRIORITIES AND STRATEGIC POLICY PLANS 5 CORPORATE STRATEGIC PLAN 6 SERVICE DELIVERY PLANS WHAT IS A SUSTAINABLE COMMUNITY? 6 CITIZENS ADVISORY GROUP 7 ENGAGING THE COMMUNITY 7 OUR SUSTAINABILITY PRINCIPLES 9 SUSTAINABILITY PRINCIPLES FOR SAINT JOHN 9 Sustainability Principle One 9 Sustainability Principle Two 10 Sustainability Principle Three 10 Sustainability Principle Four 11 Sustainability Principle Five 11 Sustainability Principle Six I 1 Sustainability Principle Seven 12 Sustainability Principle Eight 12 Sustainability Principle Nine 13 Sustainability Principle Ten 13 OUR COMMUNITY VISION 14 CITY OF SAINT JOHN COMMUNITY VISION STATEMENT 14 OUR COMMUNITY GOALS 14 TWENTY YEAR COMMUNITY GOALS... 15 Social 15 Economic 15 Environment 15 Infrastructure 15 Governance 16 VISION 2015 NEXT STEPS 16 RECOMMENDATIONS 17 6 .71%0 W^M I'\ 20 VISION 2015 OUR SAINT JOHN OF THE FUTURE CITY DF SAINI JOHN NOVEMBER 2007 kd Ma how ~r~ 21 VISION 2015 OUR SAINT JOHN OF THE FUTURE ACKNOWLEDGEMENTS CITY OF SAINT JOHN NOVEMBER 2007 Thank you to the thousands of people who shared their hopes and dreams for the future of Saint John by participating in the public consultation process. Your thoughts and ideas formed the basis for a Community Vision and Goals. We look for your continued support and input as we work to translate your vision into action. Together we will build a stronger community. The City of Saint John Environment Committee is recognized for their time and effort in drafting a set of sustainability principles for the City of Saint John. The Vision 2015 Committee appreciates the contribution made by the Environment Committee. The Vision 2015 Committee would like to acknowledge the valuable role of the Citizens Advisory Group. The leadership and dedication of this group of community leaders was instrumental in the success of the public engagement. Special thanks to Mike Schulze, Susan Atkinson, and Francois Beaulieu who shared chair person responsibilities throughout the project. THE CITIZENS ADVISORY GROUP Mike Schulze Susan Atkinson Francois Beaulieu Stephanie Bell Ross Galbraith Daniel Goodwin Sarah Jones Janet McLaughlin Jocelyn Stevens Ivy Wang •~co~.r anuciw 22 VisloN 2015 C11 Y OF SAINT JOHN OUR SAINT JOHN OF THE FUTURE NOVEMBER 2007 INTRODUCTION His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Common Council: I am pleased to provide the final report - Vision 2015 Our Saint John of the Future to Saint John Common Council. The report outlines the background, process, and results of the Vision 2015 eleven month public engagement lead by the Citizens Advisory Group. The Citizens Advisory Group was asked to accomplish three objectives. The first was to develop a community vision by consulting with the public. The second was to identify goals we can all work towards to achieve this vision, and the third objective was to develop a set of sustainability principles for Saint John. The public engagement process was a tremendous success. The Citizens Advisory Group received feedback from approximately 4.2% of the community, translating into well over fifteen thousand ideas on the future for Saint John. This information became the basis for a community owned and developed vision statement and goals to describe our Saint John of the future. With the support of the Saint John Environment Committee, sustainability principles were developed. Vision 2015 will build on the success of this public consultation. With a community developed vision and goals, we are well prepared to translate vision into action. wawwk b' 2 1014 pwp~ 23 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF 7HE FUTURE NOVEMBER 2007 WHAT IS VISION 2015? Vision 2015 is a shared plan for continuous improvement to make Saint John a national leader as a sustainable community. Starting with a long-term vision and goals developed and owned by the community, Vision 2015 is a multi-year program designed to translate vision into action while providing balance amongst community needs as we move to a sustainable future for Saint John. The project is using an integrated approach of planning, strategy, action, and performance measurement to align City services to the vision, goals and objectives identified by the citizens of Saint John. WHY IS VISION 2015 IMPORTANT? r 'Change has to happen by desbn, not by default. You need a vision, and leadership to acknowledge the problem. And you need a mechanism for translating this vision into the detailed actions that happen on the ground' Elisa Campbell, SPADE I. Many people believe Saint John is on the verge of transformational change. With this change, we have both the opportunity and the responsibility to seek solutions for our community needs and to maximize the benefits on the horizon. We must do this in a way that moves us forward as a sustainable community. Specifically, we must ensure today's solutions do not jeopardize the ability of future generations to meet their needs. Vision 2015 will provide a framework for the City of Saint John to change how it operates in responding to community identified goals and opportunities, while improving accountability and transparency in local government. PARTNERING FOR SUCCESS Saint Johners have completed an important first step. The community has spoken and this voice resulted in the development of a long-term vision and goals for Saint John. Attainment of the community vision and goals will not be easy. Success will require partnerships. Community groups, institutions, businesses, volunteer agencies, individuals and government must work together to reach our common goals. The support of organizations and the people of Saint John is critical in moving towards sustainability. Every person or group can actively participate by examining what they are doing today to ensure success, and what changes they can make in decisions, plans, and actions to 1 SPADE - Sustainability Planning and Design Essentials: Fundamentals for Implementing Sustainability into Practice By Elisa Campbell, Elisa Campbell Consulting 1 Design Centre for Sustainability, School of Architecture and Landscape Architecture at UBC. Page 3. 24 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF THE FUTURE NOVEMBER 2007 move us closer to reaching the community vision. As individuals, we represent many diverse sectors. Collectively, we are all stakeholders working to ensure Saint John moves forward. The City of Saint John has an integral role to play. Vision 2015 will work to ensure that city services are aligned to the desired outcomes for the community. These outcomes directly contribute to the achievement of the vision for Saint John. The City of Saint John will continue to make sure its operation provides value to Saint Johners and that the effectiveness and efficiency of every service will be measured and reported to the community. HOW WAS VISION 2015 DEVELOPED? In February 2005, Saint John Common Council retained Chartwell Inc., a consulting firm specializing in solutions for the public sector, to review operations of the City of Saint John and its Agencies, Boards, and Commissions. Chartwell worked with stakeholders to design, develop, and carry out the review. Close to two-hundred people from the City of Saint John and affiliated organizations, participated in the study that spanned a seven-month period. Chartwell reviewed and analyzed existing strategies, plans, and financial documents. They completed a preliminary inventory of municipal services using the Governments of Canada Strategic Reference Model, a methodology used by many Canadian cities and the Federal Government. The consultant noted that the City was fortunate it had not experienced service failure due to financial challenges and increased demand for quality services. z Vision 2015 was a direct recommendation of the Operational Review. Common Council received and approved the Operational Review report in September 2005 and shortly thereafter Vision 2015 was initiated. TRANSLATING VISION INTO ACTION 'What is required is a bold step toward the future of Saint John; the wholehearted adoption and embracing of a comprehensive program that represents a significant investment but reaps even more significant rewards - a program that redresses 10 years of under-investment in the City's people and its physical infrastructure; and a program that turns all improvement opportunities into the delivery of superb programs and services that will make Saint John a model community in Atlantic Canada. Vision 20`15 - Saint John's Program of Excellence is that program Alan Mitchell, Chartwell Report, Page a Vision 2015 is using a long-term, integrated, planning framework to translate vision into action. The framework recognizes that the City of Saint John, like all municipalities, is a complex system, and it addresses environmental, economic, social, governance, and infrastructure needs.3 2 Chartwell Inc., Saint John Operational Review Program Final Report. 2005. Page 9. 3 City of Saint John Project Charter - Translating Vision lnto Action: Defining The Planning Framework 4' . \ll\1 NNI\ 25 VISION 2015 OUR SAIN] JOHN OF 7"I lE F uru CITY OF SAINT JOHN NOVEMBER 2007 ectalions ies Figure l : Translating Vision into Action from City of Saint John Project Charter - Translating Vision Into Action: Defining The Planning Framework COMMUNITY VISION The planning framework uses a top down approach that starts with a shared community vision and goals developed through widespread public engagement. The citizens of Saint John not only need to support a vision, it is essential they have an active role in defining it. Successful change happens when those involved in the transformation share and work toward a common purpose. Community participation is essential for Saint John to achieve its vision for the future. INTEGRATED COMMUNITY SUSTAINABILITY PLAN The Integrated Community Sustainability Plan (ICSP) looks twenty to thirty years in the future and is developed in consultation with the community. The strength of an ICSP is the whole systems approach to planning. Policies will be developed to balance the community needs and goals. Along with a community vision and sustainability principles, this plan includes an analysis of current issues, identification of community goals and outcomes, action plans with performance measurement, and an implementation and monitoring plan. COUNCIL PRIORITIES AND STRATEGIC POLICY PLANS Saint John Common Council operates on a four-year term and each new council will set priorities for their mandate from the outcomes and strategies contained in the ICSP. These priorities will be measurable and contribute to reaching the Vision for Saint John. Strategic t~. VITY .+ni ani, 26 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF THE FUTURE NOVEMBER 2007 policy plans provide more detail on Council priorities. It is expected they will become the responsibility of the Standing Policy Committees under the proposed Council Policy-Committee form of governance. CORPORATE STRATEGIC PLAN Saint John Common Council sets priorities and establishes policy to provide direction to the City of Saint John administration. In doing so Common Council will ensure the services provided by the City are aligned with community outcomes. The corporate strategic plan translates the needs of the community into action plans. It provides the vision, values, principles, focus, and direction for the organization. SERVICE DELIVERY PLANS The final step in the planning framework is the development of Service Delivery Plans. These are detailed administrative plans describing how services will be delivered to successfully achieve the identified outcomes. These plans ensure the community's needs are met, achievement of Council priorities, and maximization of limited resources. WHAT IS A SUSTAINABLE COMMUNITY? In the future, Saint John will be nationally recognized as a sustainable community. The Brundtland definition describes sustainability as "Meeting the needs of the present generation without compromising the ability of future generations to meet their needs." 4But what does this really mean? We think there are three major differences between a sustainable community and a community that uses a traditional approach. A sustainable community recognizes the importance of long range planning and in doing so has a vision and goals to describe the future. This look forward allows communities to determine what needs to be done today to reach tomorrow. Sustainable communities understand that social, economic, and environmental needs are interrelated and take a whole systems approach to provide for balanced priorities. t - The Brundtland Commission, convened by the United Nations in 1983, was created to address growing concern about the accelerating deterioration of the human environment and natural resources and the impact of that deterioration for economic and social development. In establishing the commission, the UN recognized environmental problems were global in nature and determined that it was in the common interest of all nations to establish policies for suslainable development. Sustainable communities know that community groups, institutions, businesses, volunteer agencies, government and individuals must work together to set goals, form plans, and implement solutions. 4 http://en.wikipedia.org/wiki/Sustainability 6 l51\I hl[ti 27 VISION 2015 OUR SAINT JOHN OF THE FUTURE CITIZENS ADVISORY GROUP CITY OF SAINT JOHN NOVEMBER 2007 One of the first initiatives in the Vision 2015 public engagement was to establish a Citizens Advisory Group. The citizens of Saint John not only needed to support a vision for the future, it was essential they had an active role in defining this vision. The Citizens Advisory Group led the public engagement. This group was a working committee that researched, planned and implemented the community consultation. The Citizens Advisory Group is a team of community leaders committed to ensuring the success of this project. The group is comprised of, Susan Atkinson, Frangois Beaulieu, Stephanie Bell, Ross Galbraith, Daniel Goodwin, Sarah Jones, Janet McLaughlin, Michael Schulze, Jocelyn Stevens and Ivy Wang. The group prepared the Community Vision Statement and Goals based on the hopes and dreams people of Saint John shared through the consultation. ENGAGING THE COMMUNITY On November 6, 2006, Common Council initiated a wide spread public engagement by adopting the following resolution: "RESOLVED that Common Council endorse and support the initiation of a community consultation process regarding the long-term vision for our community as detailed in the submitted report Vision 2015 - Community Consultation." Engaging the community was accomplished through a Community Visioning project, which was lead by the Citizens Advisory Group. The project had three goals. The first goal was to develop a shared community vision for Saint John through public engagement. The second was to identify outcomes or community needs, because without understanding the needs it will be difficult for the City of Saint John and the community to position Saint John a national leader in sustainability. The last goal of the project was to develop a set of sustainability principles for Saint John. These principles were used to help guide the development of the vision and the goals. One of the first assignments for the Citizens Advisory Group was to prepare a strategy to gather input from as many people in the community as possible. The strategy considered the different stakeholder groups and the best way to engage them in the process. During the public consultation, a great deal of effort was made to identify and engage various stakeholder groups. Reflecting the diversity in the community was a priority in this project. Communication with the public was important and a communications plan was prepared. Both the public engagement and communication strategies were evaluated throughout the process to assess effectiveness and to make adjustments as necessary. Here are some highlights of the public engagement. 97- 7 28 VISION 2015 OUR SAINT JOHN OF THE FUTURE CITY OF SAINT JOHN NOVEMBER 2007 0 Public launch of the community consultation held at the New Brunswick Museum on April 13, 2007. Close to two hundred people attended the well-received event. t, Collaborated with Fusion Saint John on the theme and activities of the "Faces of Fusion Dinner - What's Your Vision for Saint John." IIK Release of "My Saint John" video, highlighting opinions about the future of our city and what individuals can do to make this future a reality. W City of Saint John website hosts the Vision 2015 questionnaire and video. 0 Email Campaign, "What are your Hopes and Dreams for Saint John? " involving over fifty stakeholder groups. It Establishment of a feedback line, 633-2015, for people wishing to respond verbally to the five questions. 1ooi One-hundred percent participation from middle and high schools in Vision 2015 contest. Vlol, Community barbeques held at the South End, Somerset, North End, Carleton, and Forest Glen Community Centres. Volunteers were on hand to capture the opinions of people requiring assistance. 01 Attendance at local events and venues with the questionnaire. top Solicited group response to the questions. b~ Meetings with the local business community. tu, Vision 2015 Facebook set up on the networking web site to exchange ideas about the future of Saint John. ! Collaborated with Saint John Energy to have Vision 2015 messaging on energy bills. 011111 Support from Harbour Station for promotion of the public consultation on the out door digital billboard. Ill, Promotional give away sponsored by McDonalds Restaurants for returned surveys. The public consultation concluded in July, 2007. The advisory group received feedback from approximately 4.2 % of the community. This translates into well over fifteen thousand ideas on the future of Saint John. This is a tremendous response and the opinions and comments once again show the commitment the people of Saint John have to our city. The Citizens Advisory Group analyzed, debated, reviewed and understood this information. It became the basis for our Community Vision Statement. ,e111 foal, 29 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF "rHE FUTURE NOVEMBER 2007 The second objective of the project was to identify goals to ensure a clear picture of the needs of the community. The public consultation process was enhanced by hosting an open workshop to assist the Citizens Advisory Group to define community needs. Stakeholder groups and interested individuals from the community were invited to participate in this workshop by public advertisement and direct mailing. Shaping the Vision, A Community Conversation was held on September 25 and 26, 2007 with close to one hundred and fifty individuals attending the two-day workshop. Facilitators from Jacques Whiffiord expertly guided the participants through a series of sessions to collaboratively develop community goals and to provide feedback on a draft vision statement. At the end of the workshop, substantial progress was made. A set of draft community needs was prepared and ready for the next stage of the engagement. Additional input from a number of stakeholder groups on the draft goals was provided to the Citizens Advisory Group before the final version was prepared. OUR SUSTAINABILITY PRINCIPLES An important goal of the Community Vision project was the development of sustainability principles. The City of Saint John Environment Committee was requested to review and modify the Melbourne Principles to make them applicable to Saint John. The Melbourne Principles were developed to assist cities that wanted to achieve sustainable development. They provide a set of statements on how a sustainable city would function and were intended to guide thinking, and provide a strategic framework for decision making. The Principles are not prescriptive. They allow cities to develop sustainable solutions that are relevant to their particular circumstances and this was the approach taken by the Environment Committee. The Environment Committee completed this initiative and presented the sustainability principles to Common Council in June, 2007. The principles guided the development of the vision and the goals, and are an important component of the whole systems approach to the project. SUSTAINABILITY PRINCIPLES FOR SAINT JOHN Sustainability Principle One Provide a long-term vision for Saint John based on the pillars of sustainability: social / cultural, environmental and economic. Elaboration P- Sustainable development is the process of balancing the need of humans for economic and social development with the need to protect the natural and built environment. Balancing these three areas is commonly referred to as the "Triple Bottom Line". These needs must be met not only in the present, but in the indefinite future. Sustainable development is defined 9 441%1 8411, 30 VISION 2015 OUR SAINT JOHN OF THE FUIURE CITY OF SAINT JOHN NOvF.MBER 2007 as development that meets the needs of the present without compromising the ability of future generations to meet their own needs (Brundtland Commission). uu Saint John is a city experiencing substantial changes to its social, cultural, economic and environmental characteristics. A long-terra vision, which is developed with the community, will ensure the informed governance and management of its resources. 10111, A vision founded on the principles of sustainability will incorporate the needs of all sectors of society. Promoting a legacy of human and natural resource conservation and reflecting the individuality of Saint John are prerequisites. Sustainability Principle Two Recognize and incorporate the valued and distinctive characteristics of Saint John - including its human, cultural, historical and natural attributes - in our vision and planning for a sustainable city. Elaboration II Saint John has distinct human, cultural, historic and natural characteristics. It is important to incorporate these characteristics into a plan because this will motivate people in Saint John to achieve sustainable development and regeneration. 0, Our local leaders should understand the human and natural characteristics that define our community. Because these characteristics change over time, our local leaders should participate in ongoing community engagement to ensure they remain in touch with the changes in Saint John. II Understanding these characteristics and their historical context will assist local leaders to gauge the long-term consequences of the decisions made about growth, urban form and the natural environment. Sustainability Principle Three Engage the entire community of Saint John in the planning and implementation of sustainable solutions. Elaboration ► The journey towards sustainability requires strong support from within the community. It is critical to have the active participation of the community in all stages of the process, from long-terra planning to implementation of solutions. 1111 People have a right to be involved in the decisions that affect them. Attention needs to be given to empowering those whose voices are not always heard. Everyone in the community should have the capacity to participate in their local government processes. 10 31 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF THE FUTUP E NOVEMBER 2007 Sustainability Principle Four Respect Saint John's natural ecosystems. Act as a custodian for the biodiversity and natural ecosystems of Saint John, and protect and restore them. Elaboration 0- Nature is more than a commodity for the benefit of humans. We share the Earth with many other life-forms that have their own intrinsic value. They warrant our respect, whether or not they are of immediate benefit to us. i It is through people's direct experience with nature that they understand its value and gain a better appreciation of the importance of healthy habitats and ecosystems. This connection provides them with an appreciation of this need to manage our interactions with nature respectfully. 0- Just as humans have the ability to alter the habitat and even to extinguish other species, we can also protect and restore biodiversity. Therefore, we have a responsibility to act as custodians for nature. Di Saint John is a coastal city where the Saint John and Kennebecasis Rivers join and meet the ocean. These freshwater, estuarine and seashore ecosystems are critical to the character and future of Saint John. Sustainability Principle Five Model the development of Saint John on the characteristics of natural systems. Elaboration liup Saint John can become more sustainable by modeling urban processes on the ecological principles by which natural ecosystems operate. ► The characteristics of ecosystems include diversity, adaptiveness, interconnectedness, resilience, and regenerative capacity. Incorporating these characteristics into the development of Saint John will make the city more sustainable, resulting in environmental, social and economic benefits. i For example, in nature there is no such thing as waste, just a resource for a new product. By striving for this in Saint John, we can increase our efficiency and minimize our ecological footprint. Sustainability Principle Six Strive to minimize Saint John's ecological footprint. A M. 11 1{1%1 I[NI% 32 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OP THE FUZ URE NOVEMBER 2007 Elaboration it. Cities consume significant quantities of resources and have impacts that extend well beyond their borders. Vuui One way of describing the impact of a city is to measure its ecological footprint. The ecological footprint measures the `load' on nature imposed by meeting the needs of its population. It represents the land, water and air necessary to sustain current levels of resource consumption and deal with waste discharged by that population. Reducing the ecological footprint of a city is a positive contribution towards sustainability. Like any living system, Saint John consumes material, land, water, air and energy, and generates wastes. This is the `metabolism' of the city and it can be made more efficient to reduce our ecological footprint. Reducing the footprint involves solving problems locally, rather than shifting them to other geographic locations or to future generations. dour, Using tools such as Life Cycle Assessment in decision making helps to identify and implement sustainable habits and practices. Sustainability Principle Seven Achieve long-term economic stability and social security in Saint John. Elaboration tu. Long-term economic and social stability and security are prerequisites for beneficial change and are dependent upon environmentally sound, sustainable development. To achieve "triple bottom line" sustainability, economic strategies need to increase the value and vitality of human and natural systems. Economic strategies should seek to meet basic human needs in a just and equitable manner through fair allocation of resources, and should enable access to potable water, clean air, food, security, shelter and safe sanitation. 10, Cities support and nurture human diversity; their policies, structures and institutions can significantly contribute to fostering cohesive, stimulating, safe and fulfilling communities. Sustainability Principle Eight Foster communication among community groups and organizations to emphasize sustainability as a common shared goal. Elaboration Vlum Develop and strengthen new and existing networks within Saint John. Promote multi- disciplinary partnerships to facilitate the transfer of knowledge, build capacity and support continual environmental, economic and social improvement. 12 SU'l 11,11N 33 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF THE FUTURE NOVEMBER 2007 llio The people of Saint John are the key to making our city sustainable. It is critical that the people of Saint John be well-informed and that they can easily access and share knowledge. The energy and talents of people are maximized by working together through such networks. uuu: There is also value in Saint John sharing its experience with other communities, pooling resources to develop sustainability tools, and supporting and mentoring one another through regional networks and collective efforts. Su sta in a b ility Principle Nine Promote sustainable production and consumption through the use of environmentally sound technologies and effective demand management. Elaboration Ili A range of approaches and tools can be used to promote sustainable production and consumption in Saint John. Increasing public awareness about these approaches is a valuable strategy to achieving sustainability. tllllm!, Demand management means conservation of resources and reduction in consumption. This approach can also provide significant savings in infrastructure investment. ~uu Sustainable production is achieved by using environmentally-sound technologies. These technologies are less polluting, use resources in a more sustainable manner, recycle wastes and bi-products, and handle all remaining wastes in an environmentally acceptable way. It!I. Environmentally sound technologies can create economic growth, reduce environmental impacts, enhance value along a supply chain, and support responsible product stewardship. Sustainability Principle Ten Establish a systematic process of continual improvement, based on action planning, accountability, transparency and good governance. Elaboration Good governance requires processes that achieve sustainability through continual improvement. While in some areas, gains may be incremental, there are also opportunities to make much more substantial improvements through innovative strategies, programs and technologies. 11 The continual improvement cycle requires relevant indicators, targets based on benchmarks and monitoring of progress against milestones to achieve these targets. This facilitates progress and accountability and ensures effective implementation. 01 Transparency and openness are a requirement of good governance. 13 U . 1~i♦1 k'll1 34 VISION 2015 OUR SAINT JOHN OF THE FUTURE OUR COMMUNITY VISION In April 2007, the Citizens Advisory Group launched a public consultation by asking, "What are your hopes and dreams for Saint John?" The response to the five questions was tremendous. The Citizens Advisory Group received and analyzed well over fifteen thousand ideas on the future of Saint John. It was evident that Saint Johners care deeply about the future of our city and the Citizens Advisory Group considered it a privilege to review and understand the community's response. A vision statement is a shared description that will provide purpose, direction, and inspiration as we define what we want Saint John to be in the future. The Citizens Advisory Group is proud to share a Community Vision for Saint John - a vision that has been developed through ideas and opinions expressed by the citizens of Saint John. CITY OF SAINT JOHN COMMUNITY VISION STATEMENT OUR SAINT JOHN OF THE FUTURE CITY OF SAINT JOHN NOVEMBER 2007 What do you value about Saint John? What is it like for you to live here? What changes would you most like to see in the community? What are your hopes and dreams for Saint John in 100 years? What could you do to make these hopes and dreams happen? Our Saint John, Canada's first city, leads the nation as an example of a sustainable community. Our Saint John was born of the water. Like the tides we live by, we are responsive to the constant changes in our environment, economy, and society. Our Saint John is a livable city designed for people where everyone can feel at home. We are diverse in cultures, rich in arts, full of exciting entertainment and recreational activities. Our Saint John provides educational excellence and life long learning opportunities to help people reach their full potential. Our dynamic economy is built on creativity, innovation and entrepreneurial spirit. Our Saint John is a population of problem solvers where each individual and organization has a vital role to play. It is a place where leadership is based on transparency, integrity, and trust. Our Saint John is a place where we overcome our challenges and live our dreams. This is our Saint John. OUR COMMUNITY GOALS The Citizens Advisory Group was asked to identify community goals to clarify and fulfill the vision for Saint John. The goals provide a further description of Saint John in the future and can be used to focus community attention and actions. The goals developed in this project are at a X 14 ,%I,] IMN 35 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF 1 HE FUTURE NOVEMBER 2007 high level and reflect the intent of the vision. They state what we want to achieve for the future of Saint John. TWENTY YEAR COMMUNITY GOALS Social Our City has a strong sense of community and belonging. We live active and healthy lifestyles supported by a diversity of parks and open spaces, recreation facilities and programs, cultural and social events and public gathering places. Our City provides a diverse and seamless array of educational opportunities that promote individual self-sufficiency, innovation, creativity and life-long learning. Educational programs are supportive of our community and economic environment. Our City has a flexible and adaptive housing market that meets the range of needs within our community. Affordable and suitable our housing market contributes to beautiful and diverse neighbourhoods that evoke and encourage a strong sense of place. Economic Our City has a diverse, vibrant, resilient, environmentally sound economy that actively supports wealth creation, innovation, entrepreneurship and individual economic well-being. Our City offers a variety of economic and employment opportunities where individuals thrive with exciting employment options that reward them for their service. Environment Our City recognizes the inherent responsibility of every individual and organization to embrace a shared commitment to environmental stewardship. We are dedicated to living in balance with our natural settings and decreasing our demands on (mite natural resources. Our City has magnificent waterfronts with public access and bicycle and pedestrian trails that connect the entire city. Life without a car is perfectly possible and enjoyable. Infrastructure Our City serves the access and mobility needs of all people through an evolving array of convenient, comfortable, affordable and efficient modes of transportation. Our City insists on the highest standards of quality in architecture, landscaping, infrastructure management and urban design. Our natural and built heritage is a key component in developing new and renewed places to live, work, play and learn. 15 ~Iti! MH[~ N. 36 VISION 2015 OUR SAINT JOHN OF THE Ful URE CITY OF SAINT JOHN NOVEMBER 2007 Governance Our City fosters civic engagement and pride through responsible, cooperative, inclusive and fiscally responsible government that is accountable for achieving results that matter most to our community. Our City plays a leadership role with other local, provincial and national elected officials to address common challenges and opportunities for our community. VISION 2415 NEXT STEPS The future is exciting for Saint John and Vision 2015 will build on the success of the public engagement process. Now that we have a community developed vision and goals we can begin to translate vision into action by specifying measurable outcomes, strategy, action plans, and performance measurement. Next steps for Vision 2015 include, 1uu. Implementation of a new governance model for the City of Saint John, Vim, Collaboration with the Province of New Brunswick on Sustainable Communities, lill Development of an Integrated Community Sustainability Plan, hr Development of a Council Priorities and Strategic Policy Plans, loin Development of a Corporate Strategic Plan, and uou, Development of a Service Delivery Plan. (P 16 37 VISION 2015 CITY OF SAINT JOHN OUR SAINT JOHN OF THE. Fui URE NOVEMBER 2007 RECOMMENDATIONS The following recommendations are proposed. That this report, termed Vision 2015 Our Saint John of the Future, dated November 26, 2007, be received and approved. That Common Council endorse the Community Vision Statement, Twenty Year Goals and Sustainability Principles for Saint John. That Common Council extends appreciation to the thousands of people who participated in the public consultation process. That Common Council recognizes the commitment and effort of the Saint John Environment Committee in developing Sustainability Principles for Saint John. That Common Council commends the leadership and commitment from the Vision 2015 Citizens Advisory Group throughout the public engagement and that their role be deemed completed with the approval of this report. Respectfully submitted, Councillor Glen Tait Chair Vision 2015 Committee 17 M1P"nY ui d'T~ 38 Council - Committee System A Discussion Paper February 2006 39 OUTLINE Introduction Section 1 Foundation Principles What Governance Principles should apply? Why are the principles important? What is the purpose of Municipal Government? What is governance? What is the role of Council? What is the role of the Councillors? What is the role of a Committee of Council? What is the role of the CAO and of Staff? Section 2 Desired Outcomes The need for a common purpose. What does Council expect to achieve? Section 3 Structure What types of Committees are there? How does a Committee function? What are the pros and cons of the Committee system? How are the Committees struck? Section 4 Process How does the Committee process work? How do the ABC's interact with the Committees? Section 5 Next Steps Research Project Team Selection 2 40 `DEMOCRATIC GOVERNMENT IS MORE THAN A FORM OR ORGANIZATION AND MORE THAN CLEVERLY DESIGNED MACHINERY' R.M. Dawson and W.F. Dawson in Democratic Government in Canada 3 41 PURPOSE The purpose of this background paper is to assist the 2015 Advisory Committee in developing a sound recommendation to Common Council respecting the introduction of a Council Committee system. The primary goal should be to create a new governance system that meets the needs and interests of the citizens of Saint John. The Committee will have to consider a wide variety of alternatives in formulating its recommendation and it is hoped that the principles, issues and considerations addressed in this document will stimulate discussion and debate and encourage informed decision making that will serve the citizens and the organization well for many years to come. INTRODUCTION The use of a Council-Committee structure in municipal government is commonplace. Its particular form and functioning is as varied as the many municipalities that have implemented this system. An effective Council-Committee system is predicated on absolute clarity as to; the anticipated purpose and expected outcomes of a committee system, the primacy of the Council in the structure, the governance roles of the Council and individual Councillors, how the various participants are to interact with Council and staff, and the decision making and administrative processes that support the structure. More particularly, the adoption of a standing committee system necessitates delineation between the governance role of Council and the administrative role of staff. The roles must complement and support each other and minimize the potential for conflict. It will be evident that implementation of the Council-Committee system will require a series of choices. The practices in other communities can be used only as a point of reference. The design of our Committee system must consider the many issues in a manner that best responds to the needs of the citizens of Saint John. How many committees, what is their mandate, what happens to the ABC's, who makes appointments to the standing committees, what is the role of citizens, what legal mechanisms are used, who selects the Chairperson and what is the role of the committees in the administration of the departments, are but a few of the practical matters to be addressed. These decisions will influence not only the effectiveness of Council and their committees in the new structure but also how their governance role is played out in the public forum and how an array of citizens, interest groups and special purpose boards and commissions interact with their local government. The importance of developing an effective model cannot be understated. 4 42 Chartwell recommendations The starting point is the model and the concepts presented in the Chartwell Report. Chartwell has recommended that `the City of Saint John consider a Committee of Council structure (7.3.1 d) that in whole or in part, supports the programs defined as part of the mandate of the City.' It further recommended that all the current committees be disbanded and replaced with eight/nine standing committees of Council and that at least one member of Council be appointed to each of the Committees. The text of the report explains that the Standing Committee structure is intended to improve reporting relationships that the ABC's have with Common Council, thereby increasing transparency. Chartwell (7.3.$) also points to a need for greater clarity to be given to Common Council about the role that it plays vis-a-vis interaction with the City administration, and the role that it plays vis-a-vis governing the City and their affiliated agencies, boards and commissions. An Integrated Principled Approach The development of an effective and productive Council-Committee system will involve consideration of a broad array of issues, alternatives, and practical matters. The choices and decisions that are made will have a direct impact on the functionality and quality of the new committee system. The challenge is to avoid incremental decision making in a quagmire of detail, personal opinion and best intentions. The 2015 Advisory Committee should approach the development of the Committee system in a comprehensive and integrated manner by; • Identifying objective foundation principles that can be used to guide decision making throughout the developmentprocess, then • clarifying the purpose of the system from a governance perspective to ensure a common understanding of desired outcomes and relevance to our operating environment, then • setting out the decision making processes that respect both the foundation principles and governance roles that will serve to achieve the intended purpose, and, then • addressing the many structural practicalities that need to be resolved to give the model form and make it workable. Notice that the practicalities are deliberately left to the end of the process. The number of committees, the number of members, the selection of a chairman and the methods of appointment are relevant only after the governance roles and desired outcomes (e.g. program alignment) of the new committees and Committee system are known. 43 SECTION 1 FOUNDATION PRINCIPLES What Governance Principles Should Apply? Local governance in Canada has its roots in Saint John as Canada's first incorporated city. Consideration of basic democratic principles should serve as a secure foundation for the development of the Council-Committee system. The issues and practicalities that must be addressed are complex and interrelated. These principles will serve as an effective touchstone to give ob,._ jective consideration to assessing the many alternatives that will need to be resolved as part of the development process. Seven generally accepted principles of a democratic governance system are relevant reference points for the transition to a Council-Committee system. ❖ Democratic - The governance structure rests on the will of the people and is responsive to their opinions. It implies... a number of vitally important beliefs and traditions which have been woven into the democratic fabric and become inseparable from it. Among these are tolerance and a proper consideration for the opinions of others, freedom of discussion and criticism, freedom of religious beliefs, a respect for law, a regard for the wishes of both the majority and the various minority groups into which the people are divided.' ❖ Representative - The principle is that the people act indirectly through others to whom they have delegated authority. `Representatives' are elected to speak and act for groups of voters. Municipal councils are composed of such representatives, elected by the people to act in their name and on their behalf 2 Rule of Law - The principle exists to protect the citizen against possible excesses of authority by government officials. It means that the government itself is controlled by the law and must operate according to its terms, and that all acts of government must be based on a law and not on a whim or caprice of the officials who may happen to be in authority.3 ❖ Responsive - [Local government] exists to serve the citizen and to provide him with a better life. It is his government and the satisfaction of his wishes and his needs is the purpose for which it has been created. The government must therefore be constructed in such a form and its relationship to the citizen arranged in such a way that this primary aim can be realized in a vast and varied area.4 1 McGregror, Dawson and McGregor, Democratic Government in Canada, University of Toronto Press, 1971, p. 4 2 Ibid. p. 5 ' Ibid, p. 12 Ibid p.3 b 44 ❖ Accountable - Refers to the close relationship that exists between elected officials and their constituents at the local level. In fact, it is frequently said that local government is the level of government "closest to the people". It is not enough, however, to be close to the people it is also necessary that local government see itself as answerable to the citizens for its actions or lack thereof.5 ❖ Accessible - Generally considers the ability of the public to make their views known to those elected. Ready access is viewed positive in so far it strengthens the accountability and responsiveness of the local government body. Procedural matters, notice provisions, time and location of meetings etc. are all aspects of accessibility. As with openness, there is a need to strike a healthy balance between accessibility and protecting the municipality's financial and legal interests and the confidentiality of personal information.' •S Transparent/Open - Commonly recognized as a fundamental element in a democratic system of government. It goes beyond simply determining what matters are placed on the open session agenda at a particular Council meeting or accessing processes that allow citizens to scrutinize the workings of their local government. Openness suggests that citizens should be privy to the facts, the issues, the debate and the vote on all legislative matters before Council. Citizens are then able to access the performance and responsiveness of those elected. Adhering to these principles will serve to guide the Vision 2015 Committee in its deliberations and provide the foundation far a new governance system that acknowledges and respects the central role of citizens in local government. Why are these principles important? The principles are well established and have stood the test of time. A committee structure that satisfies these principles will not only enable but will also support good governance for the citizens of our community. The new Committee structure and governance processes must also stand up to careful scrutiny. If the resulting Committee system, ultimately adopted by Council, is perceived to be either in its structure or functioning, less democratic in its approach, less transparent to public scrutiny, less responsive to community needs and concerns, lacking in accountability for its actions or inaction, acting above the law, less accessible to citizens and interest groups and/or ultimately less effective in its outcomes then this new structure will have failed. It is the responsibility of the 2015 Advisory Committee acting with Council to ensure that the end results are truly advantageous for the citizens of Saint John. Reference to the 5 K. Antof, J. Novak, Grass Roots Democracy, Local Government in the Maritimes, Henson College, Dalhousie University, Halifax, 1995. p. 155-7 e Ibid T Ibid 7 45 above noted governance principles will provide a means or identi in and ex lainin the potential benefits of the new system to citizens, staff and other participants. GOVERNANCE ChartwelI states (p 82) that `there needs to be greater clarity given to Common Council about the role it plays vis-a-vis interaction with the City administration, and the role that it plays vis-a-vis governing the City of Saint John, the Committees of Council and the affiliate agencies, board and commissions'. This governance role is exercised through the government structure and is therefore inextricably linked to the move to a Council-Committee system. This section highlights some of the key considerations of the various governance roles and responsibilities. What is the purpose of Municipal Government? A reference to academic literature is in order here. `That reason [municipalities exist] is to provide a mechanism for inhabitants of defined local areas to express debate and resolve local issues and concerns. In other words, municipal governments perform a political role.'8 In brief, that political role includes; • Representing the views of local inhabitants • Choosing between alternative courses of action • Setting priorities for the allocation of scarce resources • Answering for these decisions to the local electorate The authors leave no room for confusion on the primary governance role of the Council and the importance of seeing the service delivery role as secondary to their representative role. `The municipality can be regarded as an extension of the community, as the community governing itself. The service delivery role is subservient to this political role; services are provided in accordance with the needs and wishes of the local inhabitants.i9 What is Governance? The Institute on Governance is a non-profit organization that explores, shares and promotes good governance in Canada. In a recent Policy Brief, it points out that `governance is not synonymous with government. This confusion of terms can have unfortunate consequences. Partly [governance] is about how governments... interact, how they relate to citizens, and how decisions are taken in a complex world. Thus 8 Tindal and Tindal, Local Government in Canada, 4th edition, McGraw Hill Ryerson, 1995, p. 2-4 9 Ibid 8 46 governance is a process whereby societies and organizations make their important decisions, determine whom they involve in the process and how they render account'. 10 The authors offer that governance is about `the traditions, institutions and processes that determine how power is exercised, how citizens are given a voice, and how decisions are made on issues of public concern." An important distinction must be made by the 2015 Advisory Committee between governance and government. The Committee-System is a government structure. Governance should be viewed as the processes at play in the government structure in order to satisfy the needs and concerns of the citizens it serves. ROLES AND RESPONSIBILITIES A municipal government, whether it uses a committee system or not, cannot be effective without a common understanding of the role of each participant and a shared sense of purpose. The Councillors, the Council, the Committees of Council and staff each plays a particular role in this governance system. What is the Role of the Council? Council is a political body in that it must make decisions on the allocation of resources, establish community priorities and legislate on a range of other matters on behalf of the citizens who elected them. George Cuff proposes, that `while a municipality may establish committees and other advisory agencies to examine certain matters, there ought to he little question as to the np_mac of a council in making the final, formal decision. Council committees represent but one of a series of decision-making processes that enable members of council to fully grasp the issues under review, their policy and budget consequences and their potential impact on the public. The Council meeting is, however, the forum where the decision should be finally considered and either approved or denied or, from time to time, referred back to the administration for additional research on any outstanding questions. The notion that standing committees of council, with less than the full council in attendance, can make final decision on behalf of the body is fraught with problems that need to be discussed before such authority is delegated. Significant policy matters, however, should not be adjudicated by anyone other than the body as a whole.' 12 10 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21 st Century, Institute on Governance, August 2003, p. I " Ibid. 12 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006, p. 35-36 9 47 Council is the elected body and it alone has the authority to make decisions, take action, adopt policies and enact bylaws put forward on behalf of the electorate." The Standing Committees play a support role, albeit a significant one, in the decision making process. The 2015 Advisory Committee should understand that given the primacy of the Council, the decision making role of Council must be respected by the Committees just as the jurisdictional mandate of the Committees must be respected by Council if the new system is to function properly. What is the Role of the Councillors? There can be no doubt about the governance role of Councillors in the New Brunswick municipal context. The Municipalities Act 14 speaks directly to this matter. A Councillor of a municipality shall; a) Consider the welfare and interests decisions of the entire municipality when making b) Bring to the attention of council matters that may promote the welfare or interests of the municipality c) Participate in developing and evaluating the policies and programs of the municipality d) Participate in meetings of council, council committees and any other body to which he or she is appointed by council, and e) Perform any other duties conferred upon him or her by this or any other Act or by council Two considerations stand out and are worthy of comment. First each Councillor is obligated to always consider the `welfare and interests of the entire municipality'. This is particularly relevant in a committee system as it precludes considering only the interests of a particular department (fire, police) or only the interests of a particular individual or special interest group (Minor Hockey Association, Board of Trade) when making recommendations. The practical implication is that the Councillor's perspective and that of the 2015 Committee must be that of the best interests of the entire community when making recommendations to Council. Secondly, the legislation obligates Councillors to play a role in `developing and evaluating the policies and programs' of the City. There is a clear separation of the policy making role of the Councillors and the administrative role of the staff. The legislation specifically excludes from the role of` Councillors, the day to day 'administration' of individual departments or the City in general. This administrative role rests with the appointed officers and employees of the organization. 13 s 4(3), 9(1), 10.2(2.1) Municipalities Act, RSNB, c M-22 14 s 36(2.1) Municipalities Act, RSNB 1992, c. M-22 10 48 What is the Role of a Committee of Council? The Council, as a democratically elected body, speaks for the community. A committee is merely a creation of the Council. It exists only because Council wants it to exist and it has only those powers and authority that Council can expressly delegate to it. In effect, it becomes an extension of the Council. In a standing committee system, the Committee becomes not only the eyes and ears of the Council on certain prescribed matters but also the voice of the Council. It does not however, have the policy, bylaw or decision making authority of the Council. Acting on behalf of Council, essentially its purpose is to consult with citizens, the CAO, departmental staff, interested groups and to make recommendations to the Council. It is the Council that makes the decision to accept/reject/modify the recommendations or to return them for further consideration. A Standing Committee also exercises an oversight role over one or more program/service areas on behalf of Council. Note that it is an oversight role and not an administrative role. The committee fulfills this role by ensuring its `program plan' is being implemented as intended, determining if established performance objectives are being realized by the departments/ABC's, making sure that community issues are being properly considered and making recommendations to the Council. It also plays a key policy development role in that it `recommends to Council' the critical program plan, new initiatives, service and program priorities, budget allocations, service objectives, and new or amended policies. What is the role of the CAO and of Staff? A move to a Council-Committee system from a pure Council-Manager system necessitates a refinement of the roles and responsibilities for the CAO. This is fundamental for both the Council and the CAO if the working relationship is to be productive and expectations are to be achieved. In general, the CAO is appointed by a Council and is responsible for - the overall administration of the City, to provide policy advice to Council and to see to the implementation of the decisions of Council in an efficient and effective manner. These responsibilities are reflective of the statutory delineation of the `policy' role of elected representatives and the `administrative' role of staff. The reality is that the CAO and the Council interact on an ongoing basis and the clear separation of the policy and administrative roles is difficult to define in practice. For example, the CAO may initiate a new policy for Council's consideration and Council relies regularly on the advice of the CAO when formulating policy. 11 49 A brief summary of the key roles of the CAO as drawn from the literature and practice is in order at this point, namely to; ➢ Provide leadership and coordination at the staff level ➢ Provide expanded research and analysis capability Offer comprehensive advice and recommendations Ensure accountability and responsibility for the administration ➢ Administer the programs and direct/coordinate the staff ➢ Coordinate the advice and recommendations by staff ➢ Place recommendations in broader perspective of city's needs as a whole ➢ Act as a policy advisor to Council ➢ Prepare and submit the annual budgets ➢ Make recommendations as deemed advisable Planning and coordinating the work of the administration and ensuring accountability for results is no less important in a Council-Committee system. The question is how to ensure that the CAO is able to effectively fulfill this mandate in the new system. The 2015 Advisory Committee must give detailed and explicit consideration to the leadership/advisory/coordination/accountability role of the CAO in the new Council- Committee structure. Consultation with other jurisdictions could be beneficial in this regard. SECTON 2 DESIRED OUTCOMES The need for a Common Purpose Decisions about the allocation of economic resources during budget deliberations, establishing development priorities, supporting bylaw enforcement activities, resolution of zoning and land use issues, adoption of staff policy recommendations and considering the many trade-offs involved in each of these matters are made by Council on an ongoing basis. These day to day decisions of the Council have a direct effect not only on the quality of life in the community and but also on the vibrancy, economic health, and character of the community in the long-term. These issues are also dealt with at the administrative level by departments, City mandated Boards and Commissions and a variety of agencies through which City representatives participate either directly or indirectly. Chartwell considered the challenges of the current model extensively in its report and proposed that a Council-Committee system would help to disentangle the somewhat fragmented system currently in place. The 2015 Advisory Committee should recognize that shared understanding of roles and responsibilities in a new committee system will do little if there is not also a common desire for specific outcomes that will benefit the `welfare and interests' of the residents of the community. 12 50 What does the Council expect to achieve? The question here is not what the system will look like or what the roles of the various players will be but more fundamentally how citizens will benefit with adoption of a new Council-committee system. The move to a committee system should seek to achieve more than just a new reporting structure. Simply put, how will Council's governance role improve and how will the citizens of Saint John benefit from the new structure? The outcomes presented below are intended to help trigger more debate by the 2015 Advisory Committee and are based on the discussions to date and the general themes in the Chartwell report. They are not intended to be exhaustive nor exclusive; Increased efficiency and effectiveness in operations ➢ Ensuring citizens realize real value for their money ➢ Enhanced citizen input in the decision making process ➢ Better decision making at the Council table ➢ More thorough consideration of community issues Clarity of purpose and a common sense of purpose Improved accountability/transparency for decisions Closer scrutiny of the policy matters put before Council Increased responsiveness to citizen needs and concerns ➢ Allowing Councillors to exercise leadership in their field of interest/expertise ➢ Better alignment of services with the goals of the organization ➢ Improved coordination of service delivery ➢ Minimize fragmentation of functional silos The 2015 Advisory Committee must give explicid consideration to the desired outcomes as these will eventually serve as the performance measures to determine whether or not the new committee system has achieved its intended purpose or if modifications are in order. PRACTICAL CONSIDERATIONS With an understanding of the guiding principles, clarity about the roles and responsibilities of the various participants and a common sense of purpose, the focus must now turn to the actual committee structure and the processes that make it work. SECTION 3 STRUCTURE What types of Committees are there? Standing committees are constituted to perform a continuing function, and remain in existence permanently. A standing committee must be constituted by name, by a specific 13 51 provision of the bylaws, or by a resolution of Council. A standing committee reports to the Council and not to an executive committee!! A special or ad hoc committee is a committee appointed as the need arises, to carry out a specified task, at the completion of which that is on presentation of its final report to the Council it automatically ceases to exist. A special committee may not be appointed to perform a task that falls within the assigned function of an existing standing committee. 16 Note that both Standing Committees and Ad-hoc Committees are created by the Council, exercise their mandate on behalf of the Council and report directly to the Council. Standing committees can also delegate certain tasks or undertakings to Sub-committees. In this respect, they are created by the Standing Committee and report to the Standing Committee. Unless advisory in nature, the sub-committee would cease to exist upon submission of its report or findings to the Standing Committee. The use of Special or Ad-hoc committees and Sub-committees allows for extensive citizen involvement in the development of policies and programs without diminishing the representative role of an elected Councillor and the need for public accountability. The fundamental question to be resolved by the 2015 Advisory Committee is the number of Standing Committees to be created and the specific mandate or span of control of each. The use of Special, Ad-hoc or Sub-committees can be addressed in due course once the Standing Committees have been established. How does a Committee Function? Committees meet in public on a regular basis to consider matters presented by staff or referred by Council. The operation of the committee is less restrictive from a procedural perspective and encourages debate and discussion on the various matters put before it. Cuff summarizes the operation as follows. `The Committees consult with department officials, citizens and interested parties and report their findings and recommendations to the Council for action. Their role is to initiate policy as they cannot act except with the approval of the Council as a whole. The number of standing committees varies... and may range from three to eight with six or seven being an average number. In this system, the Mayor, who is elected at large, serves as an ex officio member of each Committee. The result is that each councilor usually serves on two or three committees at one time.' 17 The recommendations of the Committee are presented to the Council for debate and adoption. The Council is not bound by the recommendations but should expect that the committee has exercised due diligence in its deliberations. 15 Rules of Order, 10th Edition, Perseus Publishing, October 2000, p 474 161bid 17 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006, p. 35-36 14 52 Cuff offers that `issues at the committee level should preferably be viewed in the context of "a decision in process" and thus open to probing for the best mix of policy options, while reserving the prerogative of redesigning the final report that will be presented to council.'' 8 The 2015 Advisory Committee must give full consideration to the mandate of the standing committees, the extent of their delegated authority, citizen participation in the decision making process and coordination and integration of departmental programs and the mandates of the ABC's as part of the development of the new system. What are the advantages and disadvantages of the Council-Committee system? The academic literature draws from the extensive application of the Council-Committee system in practice. Tindal and Tindal, in their text on local government, provide a straight forward summary of the main advantages and disadvantages.' 9 Pros - advantageous because • Speeds up work in Council as Committee can sift through the details and make a positive recommendation • Allows councilors to specialize in the fields of administration under their jurisdiction, rather than attempt to be knowledgeable in all fields • Informal committee atmosphere encourages more give and take in debate • Facilitates participation by municipal officials • Better opportunity for interested groups and citizens to be heard • Referral to a Committee gives an opportunity for public opinion a chance to develop and be heard and avoids precipitous action • Establishes clear lines of authority and accountability Cons - disadvantages • Referrals from council to committee and back can result in slow decision making and buck passing • If discussion is duplicated in Council chamber time is wasted and value of committee scrutiny is lost • Too many committees and councilors time is overburdened • Creation of standing committees where volume of work is not warranted • No terms of reference, no regular meeting schedule, no systematic reporting procedure 18 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006, p. 35-36 19 Tindal and Tindal, Local Government in Canada, 4th edition, McGraw Hill Ryerson, 1995, p. 164-161 15 53 • Tends to reinforce departmentalization in municipal organization and contribute to fragmentation because committee members put the interests of their departments first • Risk if committees simply reflect municipal departments. If the departments grew without sufficient forethought and if this structure is poorly organized for coordination etc then what can you expect from a committee system similarly designed • Members become overly preoccupied with matters of administrative detail and internal management • Neglect broader consideration of community needs p 169 • Department heads can use committee to block CAO initiatives p178 • Jurisdictional confusion/conflict when issues straddle several committees (location of a road or pipeline) The many potential disadvantages described above may rightly give cause for concern. The challenge for the 2015 Advisory Committee is to structure the committee system to achieve the real advantages and avoid or minimize the potential for the problems to arise. The system however, will never compensate for a Councillor that chooses to operate outside the established structure or a Committee or a Council that allows this to happen. How are the Committees struck? Council creates the Standing Committees by bylaw or resolution. The 2015 Advisory Committee will as part of its deliberations have to give advice to Council on a number of practical matters related to the creation of the standing committees. These include but are not limited to; • Number of Committees - alignment programs and ABC's • Mandate - authority and span of control of each committee • Extent of delegated authority to each committee • Participation of elected vs non-elected members • Number of members on each committee • Terms of office of each member • Selection of a Chairperson • The appointment process - who decides • Determining the legal provisions required - bylaw, statutory • Establishing the administrative process to support the Committee system • Non-performance - what then A key driver in the determination of these factors will be the alignment of the various programs with the Committee system. The Chartwell concept should be used as a starting point but more analysis will be necessary to develop an effective structure. For example the number of standing committees in the Chartwell model is onerous and risks creating a more fragmented operation rather than a fully integrated and coordinated organization. 16 54 SECTION 4 PROCESS How does the Committee process work? Key in the development of the Council-Committee system is the need to establish timely and effective processes to support the deliberations of the Committees. The way the Committee operates, how it interacts with Council and how it interacts with staff on an ongoing basis are fundamental aspects to be determined. Some of the more practical issues to be addressed include; ➢ How do business matters appear on a committee agenda? By Council referral, staff submission, CAO report, citizen request, Councillor initiative, all of the above? ➢ How does the CAO interact with the Committee? o Attends all committee meetings? o Approves/Comments on all staff reports? ➢ Can a Committee give direction to a staff member or only the CAO? ➢ What staff support will be required for minutes, agenda preparation etc.? ➢ How often and where do the Committees meet? ➢ What are the public notice requirements? ➢ How are jurisdictional conflicts resolved between committees? ➢ What authority, if any, do they have to authorize expenditures or change budget allocations? ➢ What type of information is submitted by the Committee to Council? The goal of the Vision 2015 Committee is to recommend processes that meet the information/decision needs of the Committees, provide clarity and certainty to the CAO, staff, public and Councillors, encourage effective decision making (at Committee and Council level) and minimize the possibility of confusion and conflict. The processes should also encourage public participation and input at the Committee level. How do the Committees Interact with the ABC's? An equally important issue to resolve will be the question of how the existing Boards and Commissions interact with the Committees. There is an opportunity to clarify the reporting roles, improve overall accountability for various municipal activities currently under the jurisdiction of independent Commissions (transit, parking etc) and to provide consistent/coordinated direction regarding policies and priorities of the City with the implementation of the program plans. The nature of the reporting structure and the working relationships will have to be considered in light of the particular mandate (statutory etc.) of each ABC and the number of standing committees that are determined to be appropriate. 17 55 Clarity as to the purpose of the new Committee structure will be necessary in order to effectively communicate the merits of the new reporting relationship, and ensure the active participation of the representatives of the various ABC's. The 2015 Advisory Committee should recognize from the outset that the transition to this new reporting relationship will not only take time but will also necessitate a change in mindset at the Board and Commission level. Reference by the 2015 Advisory Committee to the identified principles, best practices and clarity as to purpose and desired outcomes will allow far timely and effective disposition of these practicalities. CONCLUSION A. well developed Council-Committee system offers the potential of increasing the accountability, responsiveness and accessibility of Common Council to the citizens of Saint John. It also offers the advantages of improved governance through better decision making at the Council level and better coordination and integration of programs and services at the operational level. The challenge is to develop processes and structures at the Committee level that are founded on sound principles of local governance and are designed to achieve clearly specified outcomes. Local government exists to serve its citizens. The outcome should be a Council- Committee system that better responds to the needs and interests of the citizens of Saint John. 18 56 SECTION 5 NEXT STEPS Research • Bylaws research committee structures in other jurisdictions • Legislative Review - City Government Act etc • Review practice in other Municipalities - interviews, visits • Closer Consideration and Refinement of the Chartwell Model - particularly the number of committees and the alignment with programs and ABC's • Invite a CAO/Mayor for a roundtable discussion with the 2015 Advisory Committee 19 57 Team The development team must bring together a combination of knowledge, hands on experience, research capability, legal expertise and varied perspectives in order to develop sound recommendations for the 2015 Advisory Committee. Following membership is proposed. • Elizabeth Gormley -role, practical application, experience • Brian Malone- experience, knowledge, interest • Mark Gillan - hands on perspective/interaction (dept with heavy investment, HR, community profile) • John Nugent - legal research, development, role • Greg Yeomans - perspective/interaction (lead dept during budget deliberations, interacts with all other departments, key issues for Council) • Kim Graham - resource - coordination with program/service alignment 20 58 BIBLIOGRAPHY J. Carver, Toward a Greater Relationship Between the Public and Its Representatives, Public Management Review, Volume 3, Issue 1, March 2001 G. Cuff, The Use and Abuse of Committees, Municipal World, January 2006 McGregor, Dawson and McGregor, Democratic Government in Canada, University of Toronto Press, 1971 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 215` Century, Institute on Governance, 2003 Report of the Municipalities Act Review Panel, Province of New Brunswick, Sept. 1999 Rules of Order, 10'h Edition, Perseus Publishing, October 2000 T. J. Plunkett, The Financial Structure and Decision Making Process of Canadian Municipal Government, CMHC, Ottawa, 1972 Tindal and Tindal, Local Government in Canada, 4th edition, McGraw Hill Ryerson, 1995 Municipalities Act, RSNB, c-M22 M. McAllister, Governing Ourselves, The Politics of Canadian Communities, UBC Press, 2004 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21St Century, Institute on Governance, August 2003 K. Antoft, J. Novak, Grass Roots Democracy, Local Government in the Maritimes, Henson College, Dalhousie University, Halifax, 1998. 1 59 SAINT jOHN F IN r L a 12% for the of SaL L Prepared Saint by the c Project Team as part of the Vision August 2007 1 1 I The City of Saint John 60 Strategic Decision-Makirg Model for the City of Saint John August 13, 2007 Strategic Decision-Making Model Table of Contents SECTION I: Political Organization Council - Policy Committee System ........................................................................................................................1 Vision Context 2 Understanding Policy ..............................................................................................................................................3 Strategic Decision-Making Model: Political Organization ........................................................................................4 Roles & Responsibilities .........................................................................................................................................4 Community (Citizens) 5 Council 5 Councillors 6 Committee of the Whole ..7 Policy & Priorities Committee 7 Standing Policy Committees ...........................................................................................................................8 Standing Committee Chair 8 Chief Administrative Officer (CAO) ..9 Department Heads 1 Staff 10 Agencies, Boards and Commissions 10 Standing Committee Mandates ............................................................................................................................11 Committee Membership and Composition ............................................................................................................12 Chair and Vice-Chair Appointments .....................................................................................................................13 Committee Membership Appointments .................................................................................................................13 Termination of Standing Committee Appointments ..............................................................................................13 Standing Committee Rotations .............................................................................................................................14 SECTION II: Decision-Making and Administrative Processes Strategic Decision-Making Process ......................................................................................................................16 Access to the Decision-Making Process ........................................................................................................16 Consideration of Matters at Standing Committee Meetings ..........................................................................18 Financial Controls: Budget Preparation and Adoption ...................................................................................18 Financial Controls: Budget Adjustments and Reallocations ..........................................................................19 Consideration of Matters at Council Meetings ...............................................................................................19 Dissemination of Council Referrals and Decisions 20 Meeting Schedules ....................................20 Saint John Governance Model i 61 Strategic Decision-Making Model for the City of Saint John 13, 2007 Agenda Preparation and Distribution ....................................................................................................................21 Standing Committee Reports and Minutes 22 Public Notification for Standing Committee Meetings 22 Meeting Rules of Procedure 23 Public Presentations at Standing Committee Meetings ........................................................................................24 Public Correspondence 25 Administrative Inquires 26 Agencies, Boards and Commissions 26 Ad Hoc and Sub-Committees 27 SECTION III: Practicalities of Implementation Council Commitment for Standing Committees ........................................................................................................29 Meeting Frequency .........................................................................................................................................................29 Public Access and Participation ...........................................................................................................,.,.....,..........29 Preparation for Council and Committee Meetings ............................................P...... 30 Transition to a New Governance Model 30 Education u... u e........................... 30 System Interpretation .w.w.w.....w.w.w. ...w.w... ...na n......a . __31 Respecting Governance Roles and Outcomes ...,................,..............................31 System Evolution....... ......n.n.....n w....... ................................n......n...n.n...n.n32 Relationship to ABCs and Existing Committees of Council 32 Additional Funding Requirements .........................................................................................................................33 Administrative Staffing Planning Resources 33 Public Notice, Awareness, and Education ................................sa......,..................,,,,..,.,.,.,.,.,.,............ ,...,......33 Meeting Locations .........................................................................................................................................34 By-law and Legislation Changes 34 SECTION IV: Conclusion 35 SECTION V: References 36 Saint John Governance Model 62 Strategic Decision-Making Model for the City of Saint John August 13, 2007 SECTION VI: Appendices Appendix A: Strategic Decision-Making Model for the City of Saint John 38 Appendix B: Strategic Reference Model for the City of Saint John 39 Appendix C: Sample Standing Committee Meeting Schedule ..............................................................................40 Saint John Governance Model iii 63 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Reader's Guide The purpose of this document is to present a working strategic decision-making model that will form the basis for the City's new governance system. The model is defined by processes (how the system works in making decisions) and structure (how the components of the system are organized). Process and structural recommendations are presented in the left hand column of the document. The rationale for a number of the recommendations presented in the proposed model is provided for in the right hand column in italics. Saint John Governance Model iv 64 Strategic Decision-Making Model for the City of Saint John August 13, 2007 SECTION I: Political Organization The system being proposed for the City of Saint John is based on a Benefits ofa Council-Policy Council - Policy Committee structure. The complete Strategic Committee Form of Governance Decision-Making Model is illustrated in Appendix A. Focuses effort on policy issues In this form of governance, Council establishes a limited number of rather than on matters of administrative detail specific to standing committees that are responsible for developing, reviewing, individual departments; reinforcing and interpreting policy and evaluating the performance of those the governance role of Council. policies once they have been implemented. These policies will guide Council's decision-making in translating the Community's Creates a more meaningful role vision into a reality. Each Standing Policy Committee (SPC) for Councillors; allowing them to recommends policy to Council, who in turn makes the final decision. exercise leadership in their field of expertise or interest in developing Initially, several basic principles of good governance were used in policy that will have a positive the development of the proposed model. More detail on these impact in the community. principles can be found in Table 1 on the following page. The Creates a more effective decision- principles of good governance are important as they serve as touch making process through the stones to guide decision-making. The principles presented are well alignment of policy development established and have stood the test of time. A committee structure with planned community outcomes that satisfies these principles will not only enable, but will also that are designed to help the support good governance for the citizens of our community. community achieve its vision. Principles of Good Governance Improves the effectiveness and efficiency of service delivery • Democratic • Accessible and Representative through better coordination of • Strategic Vision • Responsive and Effective resources by aligning services • Accountable • Efficient with planned community • Transparency • Equity • Rule of Law outcomes; ensuring citizens realize value for money. In addition to these basic principles of good governance, two other Improves Council's decisions with better analysis and understanding key considerations were used in the development of the model. of policy issues through a balanced division of workload and • Council's role as a decision-making body is one that is focused on more informal, coordinated, and policy and setting the strategic direction for the community collaborative debate on issues. versus the Administration's responsibility of implementing policy and delivering the services required to achieve strategic goals. Provides a forum for better public participation in strategic decision- • Making the necessary connections between the community's making; improving responsiveness vision and goals, Council's strategic outcomes, and the day-to- to the needs and concerns of day operations of the City as illustrated in the Strategic Reference citizens. Model (Appendix l3) developed for the City of Saint John to guide Improves accountability and the Vision 2015 process. transparency with greater public participation in the decision- The anticipated benefits or outcomes from the implementation of the making process. Sets a common proposed model are set out in the right hand column. purpose and defines performance responsibilities. Saint John Governance Model 65 Strategic Decision-Making Model for the City of Saint John Table 1: Five Principles of Good Governance 13, 2007 Principles of Context',2,3 Good Governance 1. Legitimacy & Voice Democratic: Mediates differing interests to reach a broad consensus on what is in the best interest of the entire community. Accessible and Representative: All citizens have a voice in decision-making; making their views known to those elected and having the elected officials act on their behalf. 2. Direction Strategic Vision: Leaders and the public have a broad and long-term perspective on good governance and sustainable community development, along with a common understanding of what is needed in the community. 3. Performance Responsive and Effective: Local government exists to service the citizen and to provide him or her with a better life by addressing community needs and concerns. Efficient: Meeting the needs of the community while making the best use of resources. 4. Accountability Accountable: Local government is answerable to the citizens for its decisions and actions, or lack thereof. Transparency: Based on the free flow of information, citizens have access to the facts, issues, debate and vote on all legislative matters before Council, allowing them to evaluate the performance and responsiveness of the elected. 5. Fairness Equity: All citizens have the ability to maintain and improve their well-being. Rule of Law: Legal frameworks must be fair and enforced impartially in order to protect the citizen against possible excesses of authority by government officials. Vision 2015 is a plan for continuous improvement, for both the community and the organization. The goal is to allow the City to transform how it operates by more effectively and efficiently responding to public needs, while improving accountability and transparency in local government. The achievement of the effectiveness, efficiency, accountability, and transparency goals start with a vision for the community. A vision is a description of what a community's success will look like at some point in the future. It is an expression of the hopes and dreams of the community, highlighting what the public values and their needs. Community visions are develoaed and owned by the community. Public participation in the visioning process provides a basis for the development of a shared vision for the community. The identified strategic priorities will support the achievement of the Community Vision. A community owned vision fosters continuity in decision- making as political and administrative changes occur. Supporting the Vision 2015 process is the Strategic Reference Model adapted for the City of Saint John. The expanded model can be found in Appendix B. I J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21a Century, Institute on Governance, August 2003. Page 3. z McGregor, Dawson and McGregor, Democratic Government in Canada, University of Toronto Press, 1971. Pages 3-12. 3 K. Antoft. J. Novak, Grass Roots Democracy, Local Govemment in the Maritimes, Henson College, Dalhousie University, Halifax, 1988. Page 155-157, Saint John Governance Model 2 66 Strategic Decision-Making Model for the City of Saint John August 13, 2007 A community owned and developed vision is a true reflection Various stakeholders have a of the chinos that matter to Saint Johners. leadership role in defining and achieving the community's vision and goals. The proposed model is very much anchored in the achievement of a clear and common vision for the community, Community Council's role as a decision-making body is to focus on policy " Council matters and setting the strategic direction that will guide the t<< - Standing Administration and the community in the achievement of its vision Committees and related goals. It is Council's responsibility to identify its priorities for the community based on the vision and goals developed by the Administration community. These priorities will evolve over time. Standing Committees provide leadership in developing and recommending strategic outcomes to Council that will contribute to the achievement of desired changes in the community. Outcomes are the intended results that will contribute to the achievement of, community goals and ultimately the vision. More than one outcome may be required to achieve any given community goal. Planned outcomes will continue to evolve as results are realized. An outcome is an end-result that brings about a desired chanoe in the community based on the public's needs. Standing Committees are also the access point for citizens; a forum to raise matters of concern in the community. Council and committees use this input from the public in their decision-making, more specifically in the development of policy required to address the needs of the community and make the vision a reality. In response to the strategic direction set by Council, the City (as a Corporation) delivers services to citizens. Programs and services offered by the City will be determined by the value they provide to citizens and the fit with the strategic direction. Simply put, there is a direct link between the services provided and what the public values. Policy may be defined as a governing principle, plan, or course of Legislative bodies are most effective action that guides or influences future decisions .4 and successful when they focus on strategic functions that guide the Council makes public policy decisions; others perform the future of their communities. administrative task of implementing those policies. Table 2: Examples of policy versus administrative responsibilities. 4 Municipal Research & Service Centre, Local Government Policy Making Process, February 1999, Report No. 45. Page 2. Saint John Governance Model 3 67 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Policy Administration Adopt a budget and set a tax rate. Propose a budget. Spend within budget limits Adopt the community's vision and goals and set its strategic direction. Delivery of services in support of Council's strategic direction and in support of vision achievement. Adopt policy allowing or prohibiting off-street parking. Enforce the terms of the parking policy. The political organization of the proposed governance system as illustrated in Figure 1 is comprised of, • Council • Committee of the Whole • Policy & Priorities Committee Council Committees • Four (4) Standing Policy Committees A limited number of Standing Policy Committees with broader mandates supports a more integrated, strategic approach to decision-making and promotes better policy coordination; focusing Council's effort on policy issues (i.e., purchasing policy) rather than on matters of administrative detail (i.e., type of vehicle). A limited number of Committees also ensures time commitments for Members of Council, staff, and other resources are manageable. Committee ' - Governance Function of the Whol=Clerk -Administrative Function - Co! I Policy & Pncriaes Standing Policy Standing Policy Lwrw I oiir„ t . n r Comminee Committee Commit? iiii'r.'• _ :1 u. r , Figure 1: Political organization of the Strategic Decision Making Model A clear understanding of roles and responsibilities for Council; Committee of the Whole; Policy & Priorities Committee; Standing Policy Committees; Standing Committee Chairs; the Chief Administrative Officer (CAO) 1 staff, agencies, boards and commissions (ABCs); and the public is necessary for the desired outcomes to be achieved. A number of stakeholder roles and A municipal govemment, whether it uses a committee system or not, cannot be effective without a common understanding of the role of each participant and a shared sense of purpose. Saint John Governance Model 4 68 Strategic Decision-Making Model for the City of Saint John August 13, 2007 responsibilities have been set out in this report to aid in the development of the new governance structure. The success of a Council-Policy Committee system also requires a mutual respect for the roles of all stakeholders that participate in the strategic decision-making process. Community (Citizens) The community's role in the proposed system is to ensure that Effective decision making by Council Council is effective in its decision-making in terms of addressing the requires input from the community. needs of the public. Citizens must have an opportunity to actively Citizens must have a voice in the participate in the policy process and to raise matters of concern process so that their needs are within the community. adequately expressed, ensuring that elected officials have the ability to Citizens are responsible for: represent the best interests of the • electing the Mayor and Councillors to public office; entire community. • running for public office (if they so choose); • participating in the development of a vision and goals for the community; • participating in the strategic decision-making process by raising matters of public concern to Standing Committees; • monitoring the progress of Council in their efforts to achieve the vision for the community, and • holding Council accountable for their decision and actions or lack thereof. Council Council's role is that of a decision-making body focused on policy The Municipalities Act makes a clear development. Setting a strategic direction for the community and distinction between the policy making supporting the achievement of desired outcomes required to realize role of Council and the administrative a vision for Saint John are its priorities. Council is fully accountable role of staff [Section 36(2. 1)], 'A to the citizens of the City of Saint John for the results of its decisions Councillor of a municipality shall and actions. c) Participate in developing and evaluating the policies and programs Council's responsibilities include: of the municipality. • making final decisions on all matters related to policy; approving new and/or amending by-laws; and adopting operating and Council's role as a final decision- capital budgets; making body is based on the fact that • considering the welfare and interests of the entire municipality; as the elected body, rt alone has the • identifying strategic directions in terms of priorities for the City of authority to make decisions, take Saint John designed to achieve the vision for the community; action, adopt polices, and enact by- • providing clear mandates for Standing Committees and clear laws put forward on behalf of the direction to the Administration; electorate as defined by the • delegating appropriate decision-making authority to Standing Municipalities Act [Sections 4(3), 9(9), Committees and the Administration; and 90.2(2.]). • monitoring the performance of Standing Committees and itself to ensure that the City's priorities and goals are being achieved; Saint John Govemance Model 5 69 Decision-Making Model for the City of Saint John • hiring and monitoring the performance of the CAO, and thereby the overall performance of the organization; • hiring and monitoring the performance of all staff roles that directly report to Council, including the Treasurer, Common Clerk and City Solicitor; and • appointing members to Council created civic agencies, boards and commissions, including those with quasi judicial decision- making powers; ensuring Council's priorities are respected by the ABCs and that the goals of the respective ABCs align with established Council priorities. Councillors The primary role of Councillors is to fulfill their governance obligations as set out in the Municipalities Act. Councillors take on a leadership role with their active participation on Standing Committees in developing policy that will advance Council's strategic directions and priorities. According to the Municipalities Act Section 36(2.1), a Councillor of a municipality shall; a) Consider the welfare and interests of the entire municipality when making decisions; b) Bring to the attention of Council matters that may promote the welfare or interests of the municipality; c) Participate in developing and evaluating the policies and programs of the municipality; d) Participate in meetings of Council, Council Committees and any other body to which he or she is appointed by Council, and e) Perform any other duties conferred upon him or her by this or any other Act or by Council. More specifically these responsibilities of Councillors include: • fulfilling their obligation to participate in assigned Standing Committees; • adequately preparing for Standing Committee meetings to ensure they are effective and efficient in the decision-making process with respect to the Committee's recommendations to Council on policy matters; and • respecting the roles of all stakeholders in the decision-making process including Council, Committee of the Whole, Standing Committees, and Standing Committee Chairs. Committee of the Whole August 13, 2007 Statutory obligations as set out in the Municipalities Act define the govemance role for Councillors. An effective govemance role will preclude the participation of Councillors on agencies, boards and commissions, with the exception of those with legislative requirements (e.g., Planning Advisory Committee). Saint John Governance Model 6 70 Strategic Decision-Making Model for the City of Saint John August 13, 2007 The Committee of the Whole's role in the proposed system is that of a deliberative body comprised of all Members of Council meeting as a Committee, chaired by the Deputy Mayor. Policy matters that are complex and/or require the attention of all Members of Council are referred to Committee of the Whole. Committee of the Whole's responsibilities include: • developing, reviewing, and interpreting Council's strategic priorities; • recommending operating and capital budgets; • considering policy matters that fall within two or more mandates defined for Standing Policy Committees; • generating reports that present recommendations to Council for its consideration; • providing direction to the Officers of the Corporation; • carrying out decision-making authority delegated to the Committee by Council; • providing an open forum for public participation and detailed discussion on major issues as part of the City's decision-making process as the Committee is a key access point for citizens and other stakeholders; and • addressing public correspondence and requests. Policy & Priorities Committee The Policy & Priorities Committee's role as a coordinating body is to ensure collaboration and consistency in decision-making across all Standing Policy Committee mandates in working toward fulfilling a shared vision for the community. Policy & Priorities Committee responsibilities include: • providing direction and ensuring co-ordination between related policies, strategic directions, and services in achieving the shared vision for the community; • making recommendations to Council related to governance policy and structure; financial planning and budgeting; fiscal policy including revenue, debt, and tax policies; audits; appointment of auditors; intergovernmental matters; Council and its operations; human resources and labour relations; and other administrative/policy functions related to the operations of the Corporation; • evaluating the impact (effectiveness) strategic policy decisions have on meeting the needs of the community; Although all Members of Council are present, Committee of the Whole has a different mandate and authority than Council. Only Council at a formal meeting can deal with the award of contracts, adoption or amendment of by-laws, and public hearings. Committee of the Whole allows for the consideration of matters in greater depth in a less formal environment Its role is to make recommendations to Council on the matters described above. Many complex policy issues requiring the attention of all Members of Council will be debated within the Committee system. Committee of the Whole provides a good mechanism to discuss most, if not all, of these major issues in an open, public forum. Examples of policy issues that might be discussed in Committee of the Whole include the consideration of a ward system, capital and operating budgets, and development related to pipelines. Many Canadian municipalities that employ a Council-Committee system have recognized that policy development in one area largely affects the implementation of policy in other areas, therefore they have found it necessary to create a coordinating body to ensure that all service areas are collaboratively working towards a common vision for the community. The proposed mandate and responsibilities for the Policy & Priorities Committee will allow for the elimination of a number of existing committees (e.g., Nominating, Vision 2015) and will improve the efficiency Saint John Governance Model 7 71 Strategic Decision-Making Model for the City of Saint John August 13, 2047 • recommending appointments to Council; and • carrying out decision-making authority delegated to the Committee by Council. Standing Policy Committees (4) The Standing Policy Committee's (SPC) role in the proposed system is that of policy advisor. They have a leadership role in creating policy that will move the community forward in achieving its stated goals. Policy development, review, interpretation, and performance evaluation make up the primary function of a Standing Policy Committee. Although their focus is not on operational issues, other administrative responsibilities can be delegated to these Committees as the Council deems appropriate. Standing Policy Committee responsibilities include: • providing a forum for substantial debate related to the development, review, interpretation, and performance evaluation of policy and strategic directions within their respective mandates; • providing an open forum for public participation and detailed discussion with citizens as part of the City's decision-making process; • making policy recommendations to Council and recommending priorities within the Committee's mandate; • evaluating the impact (effectiveness) strategic policy decisions have on meeting the needs of the community; • considering reports from the Administration on implementing policy decisions within the Committee's mandate; • carrying out decision-making authority as delegated to the Committee by Council; and • promoting accountability and interaction within Council on behalf of the City's agencies, boards and commissions. Standing Committee Chair The Standing Committee Chair's role in the governance system is to provide leadership to each Committee's membership in developing policy within the Committee's mandate. The focus is on helping the community achieve its vision and goals. The Standing Committee Chair's responsibilities include: • coordinating policy development across all Standing Committee mandates by being an active member of the Policy & Priorities Committee; • participating in agenda meetings to facilitate the efficient progress of Standing Committee meetings; • preserving order and decorum during Standing Committee meetings; of the decision-making process. Standing Policy Committees play a leadership role in the decision-making process in the development of policy and strategic directions. The Municipalities Act defines Councillors as having a role to play in 'developing the policies and programs of the municipalitjr'. This mandate indicates a clear separation between policy and administration. The role and responsibilities of Standing Policy Committees in the proposed system reflect this separation of policy and administration. `Policy' will be included in the title of each of the standing committees to reinforce the primary role of each committee - to develop, review, and implement strategic policy. The successful implementation and on-going operation of a Council- Policy Committee system requires strong leadership and guidance from the Committee Chairs to ensure that the system is working as intended and that the desired outcomes are achieved. A clear understanding of the Chair's role in the system helps the Members of Council in these positions to carry out their leadership responsibilities. Saint John Governance Model 8 72 Strategic Decision-Making Model for the City of Saint John August 13 2007 making decisions on all questions of procedure during Standing Committee meetings; presenting the recommendations of their respective Standing Committee to Council at Council meetings on behalf of the Standing Committee; and supporting the recommendations of their respective Standing Committee at Council. Chief Administrative Officer (CAO) The CAD's role in the proposed system is to guide the Administration in the implementation of Council's policies and strategic directions in order to achieve the established vision for the community. The CAO's primary responsibility is to lead the planning and coordination of the work of the Administration; making sure that the services delivered by the City contribute to desired outcomes for the community and ensuring accountability for those results. The CAO is responsible for the overall operation of the Corporation and is directly accountable to Common Council. The CAD's responsibilities include: • providing corporate leadership and direction to ensure that all City policies and services are effectively coordinated, implemented and delivered in a responsive manner, and reflect the overall strategic priorities of the City as defined by Council; • leading the organization in carrying out its executive and administrative responsibilities; • establishing a structure for the Administration that ensures the organization supports the achievement of Council's priorities; • administering human resource and labour relation matters for all City employees, with the exception of those hired or appointed by Council; • providing direction to the Corporation 1 staff; • reviewing and reporting on the performance of the Administration; • providing recommendations to Council, Committee of the Whole, and Standing Committees to develop, guide, and achieve Council's priorities and strategies; • advising and informing Council on policy issues, operations of the Administration, and the financial condition of the City; • preparing and submitting operating and capital budgets for Council's consideration; • attending all meetings of Council and Committee of the Whole and ensuring appropriate staff presence at Standing Committee meetings; • addressing Council and any Standing Committee on any matter relevant to the function or administration of the City; • reviewing and approving all staff reports being submitted for Council and/or Committee consideration; and A move to a Council-Policy Committee system from a ure Council Manager system requires a refinement of the roles and responsibilities for the CAO. This is fundamental for both the Council and CAO if the working relationship is to be productive and expectations are to be achieved. The responsibilities outlined for the CAO are reflective of the statutory delineation of the 'policy' role of elected representatives and the 'administrative' role of staff. The CAO pursuant to the City Government Act 1938, has the control of and supervision over the heads of departments' and is responsible to Common Council for the efficient administration of these departments. The statute further provides that the CA Os role with respect to control and supervision does not extend to the Common Clerk or to the City Solicitor or to the Commissioner of Finance. Each of these positions reports directly to Council and the Common Clerk and City Solicitor are responsible for the control and supervision of employees within their departments. Saint John Governance Model g 73 Strategic Decision-Making Model for the City of Saint John August 13. 2007 • performing other duties as defined in relevant legislation and bylaws or as directed by Common Council. Given the pivotal role of the CAO between the elected officials and the Administration, the CAO has the right to attend all meetings of Council and its Committees. Department Heads I Staff The primary function of the Administration is to implement and enforce the policies adopted by Council through the effective and efficient delivery of services that contribute to the achievement of Council's priorities and strategic directions. Staff also supports the decision-making process by providing input into the development of policy through the CAO. Administrative responsibilities include: • implementing and enforcing the policies and strategic directions adopted by Council; • delivering effective and efficient services; • preparing and submitting recommendations or information reports from the Administration through the CAO for Standing Committees to consider in the development of policy; • responding to administrative inquiries and public correspondence; • attending any Standing Committee meeting in which they have a recommendation or report on the agenda as directed by the CAO; • addressing all questions directed to them through the CAO during Standing Committee meetings; and • reporting through the CAO on the performance of their service responsibilities. Agencies, Boards and Commissions [ABCs] The purpose of an ABC is to deliver and administer service(s) on behalf of the City. As a service provider, the primary function of an ABC is to implement and support the policies adopted by Council through the effective and efficient delivery of services and to contribute to the achievement of Council's priorities and strategic directions. Given that City ABCs are created by Council, they are directly responsible to Council. In the proposed system, ABCs will interact with Council through one or more of the Standing Policy Committees. In support of the decision-making process, ABCs provide input into the development of policy to a Standing Committee according to the Committee's mandate and the nature of the recommendation. The responsibilities outlined for the Administration are reflective of the 'administrative' role of staff. The responsibilities outlined for the City's ABCs are reflective of the statutory delineation of the 'policy' and leadership roles of elected representatives. Saint John Governance Model 10 74 Strategic Decision-Making Model for the City of Saint John August 13, 2007 ABC responsibilities include: • implementing and enforcing the policies and strategic directions as determined or directed by Council so to ensure the achievement of the community's vision; • delivering effective and efficient services; • preparing recommendations or information reports for the appropriate Standing Committee to consider in the development of policy; • regular reporting on the alignment of strategic direction, service activities, and performance to the Standing Committee where their service responsibilities fall within the Committee's mandate; • complying with legislative responsibilities (i.e., budgets, financial statements); • attending any Standing Committee meeting in which they have a recommendation or report on the agenda or where their service responsibilities fall within the Committee's mandate; and • addressing all questions directed to them during Standing Committee meetings. Each standing committee will operate and make recommendations to Council on policy within a specified mandate (jurisdiction). Mandates are broad statements that define the purpose and authority (sphere of jurisdiction) of a committee. The mandate guides the Committee in its decision-making (with respect to recommendations). Mandates specific to the proposed governance model are not presented in this report. Proposed standing committee mandates will be the subject of a separate report. A number of options exist (or combination of options) for the development of committee mandates, each with their own positives and negatives. The following are possible options that will be evaluated and presented in the Standing Committee Mandate report: 1. Departmental Alignment: A standing committee is created for one or more of the major City departments. The committees make recommendations on the services and operational responsibilities undertaken by their respective departments. Service Based Alignment: Standing committees are organized around meaningful and easily understood clusters of service responsibilities. Essentially services with similar goals are grouped together to form a mandate (i.e., all services responsible for public safety would likely fall under the same committee mandate). Considerations in developing committee mandates include: • Ensuring Council's decision-making contributes to the achievement of the community vision. • Ensuring a balance in workload among all committees. • Providing a supportive and collaborative working environment • Provide meaningful opportunities for public participation in the decision-making process. • Avoiding duplication of effort • Avoiding conflicting roles and responsibilities. • Avoiding the creation of decision- making silos. Saint John Governance Model 111 75 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Sustainability Needs: A standing committee is created to contribute to each of the basic needs identified in the Earth Charter (EarthCAT) that exist within a sustainable community including: good governance, social well-being, a vibrant local economy, effective and efficient services and infrastructure, and a healthy environment. In achieving a sustainable community, standing committees make recommendations that find a balance amongst each of these needs to ensure that the decisions of today do not adversely affect the needs of future generations. 4. Outcome Based: A standing committee is created to contribute to one or more strategic outcomes or priorities adopted by Council that are intended to achieve the longterm vision for the community. An outcome is a broad based goal that directly addresses one or more needs in the community. Only Members of Council can be appointed to Standing Committees; emphasizing Council's accountability to its citizens as elected officials and responsibility for outcomes by ensuring their decisions effectively address the things that matter to Saint Johners. The Mayor is an ex-officio member of all Standing Committees. With that the Mayor has all the privileges of Committee membership, excluding the right to vote and is not counted in determining the number required for quorum. Committee of the Whole: Consists of all Members of Council. The Deputy Mayor acts as the Chair, fulfilling the Chair's responsibilities and actively participating in the decision-making process Policy & Priorities Committee: Consists of the Chairs of the four Reinforces Council's governance role to set the strategic direction for the community In a case where a Committee recommendation is fully supported by the Committee membership (5), the Mayor could potentially have to cast the deciding vote at a Council meeting if all of the other Members of Council did not support the recommendation. Not being considered in the quorum allows the Committee to proceed even in the absence of the Mayor and eliminates the need for the Mayor to attend 'all' Committee meetings. Changing the Chair makes a clear distinction between Council meetings and those of the COW, it also allows the Mayor to participate more fully in the debate. Committee composition is designed Saint John Governance Model 12 76 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Standing Policy Committees and the Mayor who is the Chair of the Committee. Standing Policy Committee: Each Committee consists of five (5) Members of Council of which one Member is appointed the Chair. to ensure that there is coordination in policy creation across all areas of jurisidiction. Committee composition is designed to balance the workload across all Members of Council and to ensure an adequate number of Members for quorum at Committee meetings. Chair and Vice Chair A omtmen~~rrti~ ~a The Mayor appoints the Chair for each of the Standing Policy The Mayor provides leadership by Committees. ensuring each Committee aligns itself to achieve the community's vision. A Member of Council can only chair one Standing Policy Committee at any given time. Successful implementation of a new governance model requires strong A Member of Council cannot Chair the same Committee in two (2) Chairs to lead their respective consecutive rotations. Committees. The Vice-Chair for each Standing Committee is elected from Limitations on Chair appointments amongst the Members of the Committee. provide opportunities for a number of Members of Council to act as a Chair of a Committee. Members of Council make an `Expression of Interest' to the Allows Council as a whole to take a Committee of the Whole. leadership role in the operation of the governance system and balances the The Committee of the Whole recommends appointments to each of authority of the Mayor to appoint the the Standing Policy Committees. In determining these Chairs. appointments, the Mayor will have already made his/her Chair appointments. Standing Policy Committee membership recommendations are approved by Council. Termination of Committee Member Appointments The success of any governance system is its ability to make effective Members of Standing Committees who fail to attend three and efficient decisions and the successive regular or special meetings, without being authorized to commitment of individual Members of do so by the Committee, will have their membership terminated. Council to making the system work. Saint John Governance Model 13 77 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Reception of a written notice of regret by the Commiftee Member will When problems arise that impede the constitute authorization for absence at Committee meetings. system's ability to function and work as intended, there needs to be a The Chair can also make a recommendation to Council with respect mechanism in place to ensure to the termination of membership for any Committee Members: Committee membership is appropriate. • that are not working within the mandate defined for the Committee; or Successful operation of the system • neglecting or refusing to give proper attention to matters before requires stability; therefore, the Committee. termination of Chair or committee appointments should be a rare Council will appoint a replacement for the Committee position left occasion. vacant by the termination of membership. Termination of Chair Appointments The Mayor can recommend the termination of a Committee Chair appointment to Council when the Chair neglects or refuses to: • call meetings of the Committee when required to conduct the business of the Committee; • conduct the business of the Committee in accordance with its decisions or actions; • participate on the Policy & Priorities Committee; or • work within the mandate defined for the Committee. Committee Members could also make a unanimous recommendation to the Mayor for the termination of a Chair appointment for the reasons defined above. Committee membership for the Policy & Priorities Committee and Standing Policy Committees is rotated every two (2) years. Committee chairs are also rotated every two (2) years, consistent with the rotation of Committee membership. Two (2) Members of Council will remain on the Committee, while three (3) new members are added. An example of a possible configuration of committee members can be found in Table 3. Rotation of Members occurs at the mid-way point of Council's term (i.e., June) following the same procedures identified for Committee appointments. Periodic rotation is more equitable, providing more opportunities for Members of Council to sit on a SPC of their choice and/or to act as chair. Rotation ensures new ideas are constantly being considered in policy development. Rotation also helps Members of Council develop more experience in a number of strategic areas of the community. Saint John Governance Model 'f 4 78 Decision-Making Model for the City of Saint John ust 13.2007 Ability, interest, availability and continuity will be key considerations Keeping two (2) Members on the SPC in the Committee Rotations provides for continuity in decision- making, especially for complex issues that span the two year rotation. Table 3: Possible configuration of Committee Members . • tion , F.. , Me mbers . • A 1 2 3 4 5 AA 1 5 7 8 9 B 6 7 S 9 10 B1! 2 3 4 6 10 C 3 4 5 6 7 cc 1 3 7 9 10 D 1 2 8 9 40 DD 2 4 5 6 0 Saint John Governance Model 15 79 Strategic Decision-Making Model for the City of Saint John August 13, 2007 SECTION Il; Decision-Making and Administrative Processes The strategic decision-making process describes the route by which matters enter and flow through the system, generally outlining how final decisions are made by Council. The process also describes the interactions between the political and administrative components of the system. More detailed information on specific processes will be contained under their own heading. Figure 2 shows a graphical representation of the strategic decision-making process. Members of Council ; (Council committee! ABC l public l other (back: lo) r lakeholderswith fnformalion ! referral! decisions r Common Clerk Common Council Citizens {refers recommendations appropriately according to mandale - (makes final decisions andlor tC! mn lij-,; and decision-making authority] amends council Committee I Committee Administrative recommendations } AdmIn[StTafiDn of the Mole Ciiy Manager s _ Policy & Pdorities (staff through the Committee Deparlments Head(s) city Manager) Standing Policy (Slaft prepare5 Admfmstrah Committee reiaammendalion; l info matlar that are appro'ae.C anft, amerrden wa oa a 'v_ nm "sat by the Gty Maiar-u6i.Tcw Fr-ri!, F.I[ ]III fit' ' i ill.l'.I:•;~d'f.-Jli~ d III ABCs - - Other Stakeholders Figure 2: Strategic decision-making process. Access to the Decision-Making Process The access point to the decision-making process is a Standing Committee. Matters that are considered to be an emergency and will be adversely affected by the timing of the process may be referred directly to Council. All matters to be considered by Council or a Standing Committee are submitted in writing to the Clerk. The Clerk refers each matter to Council or the appropriate Standing Committee agenda for the next The Clerk plays a statutory role in directing information and recommendations through the system. This is consistent with a number of responsibilities set out in the City of Saint John Procedural By- law for the Clerk. Saint John Governance Model 16 80 Strategic Decision-Making Model for the City of Saint John August 13, 2007 scheduled meeting. Referrals are made according to decision- making authority and Standing Committee mandate. Matters to be considered by a Standing Committee come from Members of Council, the Administration, the City's agencies, boards and commissions, citizens, and other stakeholders (i.e., community organizations). There may be instances when the Administration through the CAO or other Officers will deal directly with Council. With respect to Members of Council: • Members of Council can make administrative inquiries through the Chair to the CAO at a regular scheduled Council or appropriate Standing Committee meeting. • Members of Council can bring items of a policy nature forward to a Standing Committee meeting. • Members of Council may submit matters of public concern for consideration at a Standing Committee meeting. With respect to the City Administration: • Staff, under the direction of the CAO, prepares recommendations and information reports from the Administration and provides policy related advice for Standing Committees to consider. • The CAO reviews, amends and/or approves all recommendations and reports from the Administration. • Municipal Officers appointed by Council will continue to report directly to Council as required. • Staff responds to matters of public concern through the CAO. With respect to the City's agencies, boards, and commissions: • ABCs will access the Council through the various Standing Policy Committees. • Progress, issues, and recommendations are presented to one or more Standing Policy Committees depending on the nature of the issue and the mandate of the Committee. • ABCs prepare policy recommendations and information reports for Standing Committees to consider. • ABC's prepare reports for Standing Committees on their operational plans, outcomes, issues, concerns, challenges and opportunities within their respective mandates. • ABCs submit their strategies to ensure alignment with Council's priorities. With respect to public participation: • Citizens and organizations can raise concerns, submit correspondence, or make a presentation to a Standing Committee on any issue that falls within the mandate of the Committee. • A Standing Committee may choose to make a recommendation to Council that a public presentation be made directly to Council. • Citizens and organizations can also provide input into policy development by dealing directly with the Administration or one of Among the access points to the Council-Policy Committee system, it is important to note the inclusion of the public in the decision-making process. Saint John Govemance Model 17 81 Strategic Decision-Making Model for the City of Sainl John August 13, 2007 the City's agencies, boards or commissions. Consideration of Matters at Standing Committee Meetings All matters of a policy nature are first considered by a Standing Committee. Prior to a Standing Committee meeting, the Committee Chair meets with the Clerk and the CAO to review procedural matters that are relevant to the Chair as well as the agenda and supporting documentation to determine if all relevant information required to make an informed recommendation to Council is provided. Staff is given an opportunity to provide additional information before the meeting if necessary. During a Standing Committee meeting, informal debate is conducted to review CAO recommendations and reports. Correspondence or presentations from the public, ABCs, and other interested parties are also considered. Standing Committees under their mandates can: • approve Administrative recommendations for Council Consideration; • amend and approve Administrative recommendations for Council Consideration; • submit their own recommendations; or • refer recommendations back to staff through the CAO or an ABC through the Clerk for further analysis and information. Committee decisions on policy matters are presented to Council in a Committee report in the form of Standing Committee recommendations. Financial Controls: Budget Preparation and Adoption Committee of the Whole will continue to be responsible for directing the development of operating and capital budgets. In developing the budgets, the Committee of the Whole: • provides direction to the Administration (through the CAO) with budget guidelines and considerations; • considers the recommendation of the CAO on a proposed operating and capital budget (the City Treasure may prepare the budget documents on behalf of the CAO with input from staff that considers priorities and long-term planning); • considers recommendations from the Policy & Priorities Public participation improves accountability and transparency in decision-making, while ensuring that service delivery is responsiveness to public needs. Agenda meetings support an effective and efficient decision-making process; better ensuring that substantial policy debate occurs before being presented at Council for a final decision. The informality of Standing Committee meetings encourages more public participation; ensuring the public has an opportunity to be engaged in the decision-making process - allowing Council to be more responsive to public needs. Referrals for further information and analysis from staff are made through the CAO. Staff is responsible to the CAO. Saint John Governance Model 18 82 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Committee and Standing Policy Committees related to long-term strategic planning; • hears from interested citizens and ABCs as deemed appropriate; and • makes a recommendation to Council as to the operating and capital budgets. Council adopts the budget the operating and capital budgets based on the recommendation from the Committee of the Whole. Financial Controls: Budget Adjustments and Reallocations Within the financial accountability framework, Standing Policy Committees make recommendations to the Committee of the Whole on matters related to: • their ability to spend on matters related to expenditures within the budget allocations; • relocation of funds within budgets and across operating and capital budgets; and • overspending of funds. Standing Policy Committee recommendations related to spending are considered by Committee of the Whole. After consideration of the recommendation by the Committee of the Whole, it can: • approve the recommendation for Council consideration; or • amend and approve the recommendation for Council consideration; • make and approve a new recommendation; or • refer the recommendation back to the Standing Policy Committee or Policy & Priorities Committee for further analysis and information. Consideration of Matters at Council Meetings Council makes all final decisions that fall within its statutory governance role and responsibilities. Council considers: • policy recommendations referred to it by a Standing Committee; • other matters that fall within its decision-making authority referred to it by the CAO and other Officers of the Corporation; and • all other matters that are legislated (e.g., land use planning, by- laws, appointments). Debate on policy matters can take place at Council meetings; however, this debate should be limited in that the questions should not involve a lengthy reconsideration of the matters Considered debate on Committee recommendations helps to eliminate rehashing of policy matters at the Council table, resulting in a more effective decision-making process. Council is not expected to rubber stamp committee recommendations. However, a lengthy reconsideration of a committee matter usually indicates that the matter should be referred back to the Committee for a more in-depth review. Saint John Governance Model 19 83 Strategic Decision-Making Model for the City of Saint John than have been previously presented in the Standing Committee Report. Council under its decision-making authority can: • adopt Standing Committee and CAO recommendations; • amend and adopt Standing Committee and CAO recommendations; • refer recommendations back to a Standing Committee or ABC through the Clerk or to staff through the CAO for further analysis and information; or • direct matters to Standing Policy Committees and/or Officers of the Corporation for consideration and recommendations. Dissemination of Council Referrals and Decisions Council decisions, referrals and information items are referred through the Cleric's office to the CAO, municipal officers, City's agencies, boards, and commissions; citizens; and other stakeholders. Regular Scheduled Meetings The Committee of the Whole meets on the alternate Mondays to regular Council meetings. The Policy & Priorities Committee and each of the Standing Policy Committees meet once a month according to the following schedule: Policy & Priorities Committee: Mondays after every second Committee of the Whole meeting Standing Policy Committee 1: First Wednesday of each month Standing Policy Committee 2: Second Wednesday of each month Standing Policy Committee 3: Third Wednesday of each month Standing Policy Committee 4: Forth Wednesday of each month The Clerk creates meeting schedules for each Committee on an annual basis. Schedules are approved by the respective Committees. A sample schedule of meetings and administrative requirements, based on a two month cycle, is illustrated in Appendix C. August93,2007 Council's decision-making role and the deliberative role of the respective Committees must be respected. Manages meeting commitments of Members of Council; considering Standing Committees are focused on policy development. Provides for coordination of schedules for Council and Standing Committee meetings. Saint John Govemance Model 20 84 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Special Meetinas Committees may schedule additional meetings by resolution or hold special meetings, but must give notice to all Members of Council and the public. Only business identified in the notice for the special meeting can be dealt with by the Committee. Additional meetings may be required Meeting Times & Locations to deal with time sensitive or emergency issues that arise within With the exception of Committee of the Whole meetings, Standing the mandate of a particular Standing Committee meetings are held in the Council Chambers in City Hall, Committee. between 11:30 AM and 1:30 PM, unless otherwise decided by the Committee prior to the start of the meeting. Proposed meeting times coincide Committee of the Whole meetings are scheduled by the Clerk and with the majority of lunch hours meeting times are advertised with the distribution of the agenda. supporting the availability of Members of Council and the public. Scheduled times will be strictly adhered to for all Standing Committee meetings, unless time extensions are approved by Working within time constraints majority vote of the Committee. fosters efficient debate of policy issues. Meeting agendas for Standing Committees are prepared by the Clerk or a designate appointed by the Clerk. Administrative recommendations and reports, including those of ABCs and sub-committees, must be submitted to the Clerk on the Wednesday before noon prior to the scheduled date and time of the meeting for preparation of the agenda. Agenda meetings are held on the Friday prior to scheduled Standing Policy Committee meetings. The Chair, CAO, and Clerk discuss the Administrative reports on the agenda to highlight procedural issues and additional information that may be required for the Committee to make an informed decision. Standing Policy Committee agendas with supporting reports are distributed to all Members of Council on the Friday (before 4:30 PM) prior to the scheduled meeting date. Council, Committee of the Whole, and Policy & Priorities Committee agendas with supporting reports are distributed to all Members of Council on the Thursday (before 4:30 PM) prior to the scheduled meeting date. Note: If dates for agenda submissions, meetings and/or distribution Designated days of the week have been proposed for administrative deadlines related to Council and Committee meetings to minimize confusion as to agenda submission and distribution dates. Discussion of procedural matters and reports prior to the distribution of the agenda ensures that Committee Members have adequate information to make good decisions. Agenda packages are distributed to all Members of Council to provide Members with the information and adequate time to make final decisions at the Council meeting or if they wish to attend a Committee meeting in which they are not a member. Saint John Governance Model 21 85 Strategic Decision-Making Model for the City of Saint John August 13, 2007 fall on a holiday, the dates move to the first business day available. The Clerk will notify all stakeholders of deadlines via e-mail at least one week prior to the change in dates. i aoie 4: z)ummar or aammistrauve aeaannes roi Agenda Submissions - All meetings Wednesday prior to meeting Noon Agenda Meeting - - SPC agendas Friday prior to meeting 10.00 AM Agenda Distribution - SPC meetings Friday prior to meeting 4:30 PM - CC 1 COW I PP meetings Thursday prior to meeting A Standing Committee report is generated for each Standing Committee meeting. The Clerk or designate prepares the Standing Committee report and minutes resulting from a Committee meeting for signature by the Committee Chair. Committee reports must be completed and signed before the agenda submission deadline of the next scheduled Council meeting. Committee minutes must be completed before the agenda submission deadline of the next scheduled Committee meeting. Standing Committee reports consist of Committee recommendations to Council and other decisions made by the Committee with some supporting information resulting from the debate. Committee recommendations are placed on the Council agenda by the Clerk under the signature of the Committee Chair. All Members of Council receive a copy of the Standing Committee report with the Council agenda package. All Members of Council receive a copy of Standing Committee minutes with the distribution of agenda information for the next scheduled Committee meeting. Public notice for Standing Committee meetings is made by notifying the local media and by posting notice of the meeting on the City of Saint John website (www. saintjohn.ca) accordingly: • Regular Meetings: three (3) days prior to the date of the meeting. The proposed scheduled will provide additional time for Councillors to review and consider meeting agenda items. Prompt completion of Committee reports and minutes ensures that recommendations to Council are addressed in a timely fashion. Consistent with the City of Saint John's Procedural By-law. Saint John Governance Model 22 86 DecisiornMakina Model for the City of Saint John • Cancelled or Reschedule Meetings: at least twenty-four (24) hours prior to when the meeting would have started. • Special Meetings: at least forty-eight (48) hours before the date and hour of the meeting. All meetings are open to the public as per the City of Saint John Procedural By-law and the Municipalities Act [10.2(3)]. The rules governing Standing Committees will be set out in the procedural by-law. In general the following provisions will apply. The rules governing the procedure of Council meetings and conduct of Members of Council shall be observed in Standing Committee meetings so far as they are appropriate. • The Chair shall preside at each meeting. In the absence of the Chair, the Vice Chair will preside. In the absence of the Chair and Vice Chair, the Committee will elect a Chair from the Members present for the duration of the meeting. • No member shall speak more than once until every Member who wishes to speak has spoken and then only to provide new information or seek clarification from the Chair, other Members, staff or delegations (i.e., the public).* • There is no limit to the number of times or length of time a Committee Member may speak to a motion.* • A Member of Council who is not a Member of a Standing Committee is encouraged to attend Standing Committee meetings and participate in the debate, however they: i. cannot be counted in determining a quorum; ii. cannot move any motion or vote on any matter; and iii. can only speak for a total of five (5) minutes on any given matter. • The Chair may make motions, participate in the debate and vote on all motions without leaving the Chair.* • A quorum for any Standing Committee consists of the majority of its members.* • A motion is not required to be seconded.* • A motion to Put the Previous Question will not be permitted.* • Motions are passed with a majority vote of the Committee August 13, 2007 Rules marked with an asterisk are consistent with the City of Saint John Procedural By-law under the section entitled Committee of the Whole procedure. All Members of Council are eligible to attend Standing Committee meetings and participate in the debate to aid Council in making better decisions (i.e., more knowledge and contributing ideas). Attendance of Members of Council who are not Committee Members at Committee meetings helps to eliminate duplication of debate at Council meetings. Saint John Governance Model 23 87 Strategic Decision-Making Model for the City of Saint John Members present, provided there is a quorum. • In the case of an equal division of votes, the Committee Chair does not have a second or deciding vote and the question will be deemed to have been decided in the negative.* Public presentations include those from a citizen or organ ization(s). The public may make a presentation in a meeting of Committee of the Whole, Policy & Priorities Committee, or a Standing Policy Committee. A member of the public may not make a presentation to Council, unless required by legislation such as a public hearing or it is recommended by a Standing Committee. Requests and Submissions for Public Presentations Public presentations must relate to the Committee's mandate and include: • responses to items on the agenda; or • prepared presentations on matters related to policy or those of public concern. Any person or organization wishing to make a presentation to a Standing Committee that is in response to an agenda item must submit a written request to the Clerk outlining the content and the likely duration of their presentation by 4:30 PM on the Monday prior to the meeting. Any person or organization wishing to make a presentation to a Standing Committee must: • submit a written request to the Clerk outlining the content and the likely duration of their presentation; and • present the submission to the Clerk by noon on the Wednesday prior to the date of the Committee meeting. The Clerk will direct the written requests to the appropriate Committee Chair. No person or organization shall be given permission to address a Standing Committee on any subject that is not within the jurisdiction of the Committee. ust 13, 2007 A benefit of a Council - Policy Committee based system is the ability of the public to participate in the decision-making process Making public presentations at Committee meetings ensures that the public is directly contributing to the policy recommendations that will shape the future of the community. Presentations not related to agenda items must be scheduled in advance (with the permission of the Committee) to ensure that Committee meetings are managed in terms of time and are relevant to the Committee's mandate. Time limitations continue to be placed on public presentations to support the efficient progress of Committee meetings. Additional time for clarification is gained through the question and answer period. Saint John Governance Model 24 88 Strategic Decision-Making Model for the City of Saint John Meeting Agenda The Standing Committee may decide by majority vote to allow persons or organizations (providing they have submitted a request by the deadline) to make their presentations when the particular agenda item is being discussed by the Committee. For presentations that are not related to items on the Committee's agenda but are within the Committee's mandate, the Committee will make a decision whether or not to hear from the delegation at a future Committee meeting. The Clerk will schedule the public presentation on a future agenda and notify the person(s) or organization wishing to make the presentation of the Committee's decision. Time Limits Public presentations are limited to fifteen (15) minutes; however, there is no limit on the time for questions the Committee Members may have for the presenter. Presentations presented by more than one person must also stay within the fifteen (15) minute time limit. August 13, 2007 Public Correspondence Public correspondence received by Members of Council dealing with administrative or operational items is referred to the Clerk. For correspondence requiring a response, the Clerk refers the correspondence to the GAO to distribute to the appropriate City department. For responses required by an ABC, the Clerk will refer the correspondence directly to the appropriate organization. All public correspondence is listed as information items on the agenda for Committee of the Whole meetings with the action(s) taken and/or the actual response provided. A response must be provided to the citizen. Responses are referred and distributed through the Clerk's office. During the Committee of the Whole meeting, Members of Council will be permitted a total of fifteen (15) minutes (collectively) to discuss public correspondence. Presentation and/or debate of day to day administrative matters before Council or a Standing Committee slows down the decision-making process, compromising the effectiveness of the system. To ensure that Members of Council have a forum to demonstrate they are responsive to a range of public needs, time is permitted to discuss correspondence in Committee of the Whole. Saint John Governance Model 25 89 Strategic Decision-Making Model for the City of Saint John August 13, 2007 An administrative inquiry is a written request from a Councillor to the Administration through a Committee for the future provision of information or report related to policy development, review, interpretation, and/or performance evaluation. Administrative inquiries made at a Standing Committee meeting must be submitted to the Committee that would normally deal with the policy issue consistent with their authority and mandate. Administrative inquires cannot be made at Special Committee meetings. Administrative inquires must be made in writing and submitted to the Clerk by noon on the Wednesday prior to the scheduled meeting date and time to be included in the meeting agenda. The Clerk will immediately forward a copy of the written inquiry to the CAO. The CAO may answer verbally, in writing, or commit to providing a written response to the administrative inquiry during a subsequent Committee meeting. Standing Committees may give direction to the CAO only by resolution from the committee. The Chair and/or individual Members are not permitted to give direction to the CAO or to employees of the City, Agencies, boards and commissions (ABCs) deliver services on behalf of the City in support of effective and efficient service delivery. City ABCs are directly accountable to Council and interact with Council through one or more of the Standing Policy Committees as defined by Committee mandate. The mandate, authority, membership, and service outputs are defined in a Terms of Reference for each ABC. Membership appointment will continue to be carried out according to the defined procedures and approved by Council. City ABCs are required to report to Council through the appropriate Standing Policy Committees at regular intervals to outline their activities and performance. The reports must indicate how the ABC is working within the policy, strategic directions, and priorities set by Council towards the achievement of a shared vision for the ABCs clearty serve a purpose within the governance framework defined for the City of Saint John. However, mechanisms must be in place to compel ABCs to work toward the strategic directions and priorities set by Council in order to achieve a common vision for Saint John. The procedure currently used to make ABC appointments will continue to be used in the new system. Saint John Governance Model 26 90 Strategic Decision-Making Model for the City of Saint John community. Budget allocations are dependent upon the submissions of these reports. ABCs contribute to the development of policy by submitting recommendations or information reports to Council through the appropriate Standing Committee. Ad hoc Committees are created by Council to review and develop recommendations for special purposes (e.g., ward systems). The recommendations resulting from an ad hoc committee generally affect broad aspects of municipal govemment and the administration. Ad hoc Committees are accountable to Council. Sub-Committees are created by Standing Committees to review and help develop policy on specific matters that fall within a particular Committee mandate. Sub-committees report directly to the Standing Committee responsible for the work being carried out as defined by the Standing Committee's mandate. Terms of Reference For each proposed ad hoc and sub-committee, a Terms of Reference is drafted outlining the purpose, authority, and intended deliverables of the sub-committee's work. Appointments Membership appointments for sub-committees are made by the Standing Committee responsible for the sub-committee. Where applicable, the appointment process would follow the same procedures as defined for other civic agencies, boards and commissions. Membership for sub-committees is largely comprised of non-elected participants; however, Members of Council can request to be appointed if they so choose and it is practical. Appointees to ad hoc or sub-committees are not compensated for their service. Evaluation of Progress For sub-committees whose work extends beyond one year, the Standing Committee to which it reports must review the progress of the sub-committee and make a recommendation to Council as to the continued formation and work of the sub-committee. ust 13, 2007 Given the complexity of some policy matters and the need for greater public input, sub-committees are created to provide Standing Committees with advice on policy development When dealing with sub-committees it is important to follow a review process to ensure that the work of the sub-committee is relevant; eliminating the possibility for the duplication of work and facilitating better management of outcomes. Saint John Governance Model 27 91 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Sub-committees must submit an annual progress report on their activities to the Standing Committee to which they report. Committee Dissolution Once the sub-committee or ad-hoc committee has completed the work defined in its Terms of Reference, the committee is dissolved. Ensures that committee mandates do not extend beyond their intended purpose. Saint John Governance Model 2g 92 Strategic Decision-Making Model for the City of Saint John August 13, 2007 SECTION III: Practicalities of Implementation Council Commitment for Standing Committees...... In addition to Committee of the Whole, Members of Council are Balances Committee workload across all required to participate on two (2) Standing Policy Committees. Members of Council. Appointed Chairs of Standing Policy Committees are required to Ensures collaboration and coordination participate on the Policy & Priorities Committee. of policy development across each Standing Committee. Under the proposed Council - Standing Policy Committee model In addition to regular Council and form of governance the number of meetings that Members of Committee of the Whole meetings, Council will be required to attend will increase. Members of Council will be required to attend at least two Standing Committee The overall time commitment of Members of Council for attendance meetings and possibly a third meeting if at Council and committee meetings will depend largely on the the Member is a Chair of a committee scheduling of meetings (i.e., once or twice a month for committee (i.e., Policy & Priorities Committee) each meetings); effective time management of both Council and month. committee meetings; and the possibility of reducing future requirements for appointments of Members of Council to agencies, Disciplined management of Council boards, and commissions (ABCs). meetings and a mutual respect for governance roles should not result in unnecessary debate of Committee recommendations, theoretically reducing the time required to conduct Council's business. Although the commitment to attend Standing Committee meetings will increase, a reduction in commitments to attend ABC meetings should result in a reasonable time commitment. (Public Notice and Meeting Schedules) One of the benefits of moving to a Standing Committee form of governance is greater public participation in the decision-making process. In order to realize this benefit the public must have timely access to meeting agendas and the ability to attend and participate at committee meetings. Proper notice of matters to be discussed at committee meetings can be achieved by providing sufficient lead time for the publication Saint John Governance Model 29 93 Strategic Decision-Making Model for the City of Saint John August 13, 2007 of meeting agendas through a variety of media streams. However, ensuring this lead time is available requires discipline and strict adherence by both Members of Council and the Administration in meeting designated deadlines for the submission of items for the agenda. Ensuring that the public has the ability to attend Council meetings will require a balance between the availability of Committee Members and the public. Consideration must be given to the fact that both Council and the public are typically unavailable during normal business hour; due to work commitments. Effective and efficient decision-making requires all Members of Council to be adequately prepared for both Council and Standing Committee meetings. Understanding the issues prior to the meeting, provides for more focused debate. Ensuring Members of Council are adequately prepared requires sufficient lead time for the development and distribution of agenda materials for Council and committee meetings. Strict adherence to submission deadlines for Administrative and Committee reportsirecommendabons is vital to ensuring that Members of Council can adequately prepare. Members of Council can also ensure they are adequately prepared for the decision-making process by reviewing reports and minutes from committees they are not a member of, and in some cases actually attending the committee meeting. Given that there are a number of fundamental changes being proposed in the new governance model, in order to ensure successful implementation and operation of the system, all stakeholders must recognize there will be a period of adjustment. Policy Development The effective implementation of the new standing committee system is based largely on the policy making role of Council. This will necessitate the development of a range of policies where none exists at the moment. Reference to the strategic direction and priorities identified for the community will support this process. Although attending additional meetings would increase time commitments, it would ensure that Council makes better, more informed decisions. This would be particularly helpful for complex or sensitive matters. Saint John Governance Model 30 94 Strategic Decision-Making Model for the City of Saint John August 13. 2007 Education/Orientation As with the implementation of any new system, there will be a learning curve for all those involved in the process. With respect to the proposed governance model, both Members of Education and orientation about the Council and the Administration will need to take adequate time to proposed standing committee system will understand and become familiar with the new system. Even with a be required as part of the transition proper orientation and practical experience, it will take a number of process. months before matters consistently start to flow smoothly through the system. In support of system implementation, an orientation program will need to be designed and presented to both Council and the Administration during the initial implementation (and each time a new Council is elected). The program will highlight roles and responsibilities of all those participating in the system as well as the processes that support decision making. As the governance system evolves over time, the orientation program must be amended to reflect changes. Civic agencies, boards and commissions, as well as the public and various community stakeholders must also be educated on how to access and participate within the system. One of the goals in implementing a new governance model is to increase public awareness and participation in decision-making, therefore, changes made to the system must be seen as a benefit and not a barrier to public participation. System Interpretation Council must recognize that some of the matters that will be addressed within the system may be very complex or so unique there is no clear direction as to how the matter should flow through the system; highlighting the gray area that inevitably exists in any decision-making system. Committee chairs must work with the Administration to determine the best course of action to deal with such issues, without compromising the intended purpose of the system. The system must continue to focus on setting the strategic direction for the City in support of achieving a vision for the community. Respecting Governance Roles and Outcomes Many municipalities report that achieving Regardless of the type of system designed to support Council's this level of respect is at times d#ftculf; decision-making process, the success of the system largely however, rt is vital to ensuring a more depends on the understanding and commitment of those that have meaningful role for the elected officials in a responsibility for making the system work Members of Council working on behalf of their constituents and and the Administration. realizing the community vision. Saint John Governance Model 31 95 Strategic Decision-Making Model for the City of Saint John August 13, 2007 Mutual respect for these roles, particularly between Council and Standing Committees as well as Council (including Committees) and the Administration is paramount to the successful implementation and operation of the system. Patience must also be afforded to the processes that have been designed to support effective and efficient decision-making. These are processes that focus the attention of Council and its committees on strategic and policy matters, rather than on administrative detail. For some, this may represent a subtle but significant shift in thinking with respect to decision-making. In the initial implementation, it is recommended that no changes are made to the proposed model during its first eight-teen (18) months of operation. After the first eight-teen (16) months of operation, the system should be evaluated and improvements recommended for Council's consideration. Recommendations would come from the Policy & Priorities Committee under its mandate. Periodic evaluation of the system must be undertaken to ensure the system is meeting its govemance responsibilities. Regular review of system operations and recommendations for improvement must be made at scheduled intervals (e.g., at the half way mark of each term of Council). These improvements would address structure and process issues. As Council achieves their planned strategic outcomes or the needs of the community change, Council must consider a review of committee mandates and alignment, and make the appropriate recommendations that will ensure the decision-making process continues to support the achievement of the vision for the community. Each new Council will likely need to consider committee mandates as they set their pdorities. However, interim changes many also need to considered. Once the initial implementation of the proposed governance model is complete, consideration must be given to the requirement for ABCs and Committees of Council and their relationships with Council. The future requirement for each ABC will need to be addressed and an evaluation of each of the committees will determine which ones become redundant under the new structure. In considering the needs and relationship to ABCs and existing Committees of Council, the need for appointments of Councillors to A temporary moratorium on changes helps to avoid making incremental adjustments, without proper review and experience, which could negatively impact the operation of the system in meeting its intended governance goals. Saint John Governance Model 32 96 Strategic Decision-Making Model for the City of Saint John August 13, 2007 many of these entities must be carefully reviewed. Those committees that are statutory in nature will still require Council appointments, however, new reporting relationships will preclude the need for Councillors to participate in some ABCs given their roles as a Councillor and Standing Committee Member. The implementation of a new governance model will require additional funding; both initially and in the long term. Administrative Staffing With the introduction of additional committee meetings, there will be an increase in the support required from the Administration, specifically in the Common Clerk's Office. Support includes the preparation of agendas, minutes, committee reports, and attendance at meetings. Supplemental administrative staff will be required (Group 3 plus benefits). Depending on legislative requirements, additional costs may be incurred with the need for French translation. Planning Resources The effectiveness of the proposed system is dependent on Council's commitment to achievement of the Community's longterm Vision. A requirement for additional resources (internal or external) to support policy and planning activities (e.g., public consultation) of Council and its committees may be necessary. Public Notice, Awareness, and Education An increase in meeting frequency may result in increased advertising costs related to providing public notice of meetings (for methods other than the City's website, which is not accessible to the entire public). Ensuring that the public is aware of the work that takes place during committee meetings (in support of transparency and accountability), may result in additional costs for televised services or web broadcasting. Developing and distributing educational material for the public to help them better understand the benefits and goals of a new system, as well as how decisions are made and how they access the system will also require funding ($25,000). Saint John Governance Model 33 97 Decision-Making Model for the City of Sainl John Meeting Locations At some point consideration must be given to a renovation of the Council Chambers. The configuration of the Chambers must better support the decision-making processes outlined in the model and reflect the roles and responsibilities of the participants. Initially, Committee meetings will need to be held in the Council Chambers due to the lack of adequate facilities to accommodate the public, staff, and media 1 broadcasting requirements. Renovations to an existing room or rooms will be required to adequately address these issues. The implementation of a new governance model will require changes in the City of Saint John's Procedural By-Laws. The structure and processes that define the system must be incorporated into the by-law. As part of revisions to the By-law, Council must also consider and adopt detailed Terms of Reference for each of the Standing Committees identified in the system. Revisions to the City Government Act may also be considered as it is outdated in many respects, st 13, 2007 Saint John Governance Model 34 98 Strategic Decision-Making Model tar the City of Saint John August 13, 2007 SECTION IV: Conclusion The Council-Policy Committee based governance model proposed for The City of Saint John provides Council with the basic building blocks to ensure good governance and decision-making and provides a framework to help the City achieve its strategic goals (i.e., desired outcomes). The system focuses Council's decision-making on developing polices and evaluating the implementation of those polices in an effort to achieve the long-term vision and related priorities established for the City. The new Committee structure and governance processes must in the end stand up to careful scrutiny by the citizens it is designed to serve. If the resulting Committee system ultimately adopted by Council, is in its structure and functioning, more democratic in its approach, more transparent to public scrutiny, more responsive to community needs and concems, strong in accountability for its actions, grounded in the law, more accessible to citizens and interest groups, and/or ultimately more effective in its outcomes than the existing structure - we will have succeeded. Saint John Governance Model 35 99 Strategic Decision-Making Model for the City of Saint John August t3, 2007 SECTION VI: References Alexander, W., Baxter, S., Glover, B., Kelly, D., Maurice, R., Westwater, D., and Wong, N., 1997. Developing a Council-Committee Structure for the New City of Toronto, City of Toronto. Anloft, K. and Novak, J., 1988. Grass Roots Democracy, Local Government in the Marilimes, Dalhousie University Halifax, pp 155-157, Cape Breton Regional Municipality:, 2006. Cape Breton Regional Municipality Resolution RC4 Committees, CBRM. 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Saint John Governance Model 37 101 Strategic Decision-Making Model for the City of Saint John: Appendix A Draft Version: August 3, 2007 J U I. r r I, 9 U 9.7 ran, E c L3 ti 9 vJ O LD ~ m p f O C C I 4V ~ 'O ~ C ~ p ° ~ 1.I~ 44 I 4 - - 7 CE1 J 1 U h a CL m - n L ry : w FJ 4~7 E I p ' ~ . n I I 495 i C I ~ vs ~a ca c9 E w C l y O U >I - - w I - C} ~ E 4 0 CIS r _ N L ~ as - ~ _ , ~ x Z^7 0 43 m m o 0 ~ i4 p 815 g r! - m ~ a C uI - - ca < tll f4S 9 ~ I • 1 fA ~ ~ ~ ~ r~ CS ~ y 4° U m O o N U) W In Z O U U LLI 0 U O i d~ j d N F Saint John Govemance Model 38 Strategic Decision-Making Model for the City of Saint John: Appendix B Draft Version; August 3, 2007 z : - ....iv W I i L 0 f I (D l ' a i T e = L.~ r= t I ch 0 Saint John Governance Model 39 Strategic Decision-Making Model for the City of Saint John: Appendix D Draft Version: August 3, 2007 Proposed Scheduling of Council and Standing Committee Meetings Including Administrative Requirements (2 Month Cycle) Decamber3l i rrtt urn i ' ' Common Counw Agenda Distribution COW Agenda Ir I' i SPC2 14) . tcrhlr~7 ~ •:i~~~; 1 Ti [7- n I r, Agenda J11-111 III H1 Agenda Distribution CC Agenda- - SPC3 14 Tl Common Cori- Council i„ Submission = Diis ribution COW I PP Agenda SPC4 _ C < ut - a~,~ . . -vary 5- - . 'r irra II I h:' .1, r liF! uJ,, n i Agenda D stribution CC 211 'I I ci f February I Common Council 'f1F '6's rl%`c common Counco mr, 'te r: Fc Y Common Council i Agenda Submission ;Fr, Agenda Distribution COW Agenda kd i SPC1 . 01 Agenda Distribution CC Agenda r,'!' . SPC2 r, 2 13 Agenda Submission Standing Poiicy Committee 3 Agenda Submission CCISPC4 :tandng Policy Committee 4 Agenda Submission COW I SPC1 CC Common Council Every second Monday COW - Committee of the Whole Alternate Mondays to CC - - PP Policy & Priorities Committee Every second COW meeting SPC1 Standing Policy Committee 1 First Wednesday of the Month - SPC2 ` Standing Policy Committee 2 Second Wednesday of the Month - SPC3 - Standing Policy Committee 3 Third Wednesday of the Month SPC4 Standing Policy Committee 4 Forth Wednesday of the Month Agenda Distribution COW/ PP Agenda "'::'-,u,:; SPC3 Agenda Distribution CC Agenda - SPC4 Agenda Distribution COW Agenda',1 SPC1 Agenda Submissions -All meetings - - - - Wednesday priorto meeting Noon - Agenda Meeting - - - - - - - - - - - - - SPC agendas Friday prior to meet ng 10:00 AM Agenda Distribution - - SPC meetings Friday prior to meeting 4:30 PM CC I COW I PP meetings Thursday prior to meeting &Minutes Report SPC meetings Wednesday prior to the next Noon COW I PP meetings reasonable CC meeting Sainl John Governance Model 40 104 1g, 3 December 3, 2007 Deputy Mayor Hooton and Councillors Subject: Committee of the Whole Report The Citizens' Advisory Committee of the Vision 2015 Committee presented the Saint John Community Vision Statement at a Committee of the Whole meeting on November 28, 2007. At that meeting the Committee passed a resolution as follows: That the Committee accept the submitted Vision Statement in principle to be ratified at the December 3, 2007 regular meeting of Council. Recommendation: that Council adopt the following Saint John Community Vision Statement: CITY OF SAINT JOHN COMMUNITY VISION STATEMENT OUR SAINT JOHN OF THE FUTURE ,Our Saint John, Canada's first city, leads the nation as an example of a sustainable community. Our Saint John was born of the water. Like the tides we live by, we are responsive to the constant changes in our environment, economy, and society. Our Saint John is a livable city designed for people where everyone can feel at home. We are diverse in cultures, rich in arts, full of exciting entertainment and recreational activities. Our Saint John provides educational excellence and life long learning opportunities to help people reach their full potential. Our dynamic economy is built on creativity, innovation and entrepreneurial spirit. SAINT 01-IN P.0, Box 1971 Saint John, NB Canada E21- 41-1 I wwwsaintjohn.ca C.P. 1971 Saint john, h!.-B. Canada E,2L 4L1 105 Our Saint John is a population of problem solvers where each individual and organization has a vital role to play. It is a place where leadership is based on transparency, integrity, and trust. Our Saint John is a place where we overcome our challenges and live our dreams. This is our Saint John. Since 1 v Norm McFarlane Mayor 106 April 28, 2008 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: RE: Council Committees By-Law BACKGROUND As part of the Operational Review completed in 2005 a recommendation was made for Common Council to move to a Standing Committee governance structure. During 2006 and the early part of 2007 staff and the Vision 2015 Steering Committee completed a detailed review of the various governance structures utilized by Municipalities across the Country. In addition Common Council met with representatives from the City of Fredericton to learn about their experience with the committee system. In August of 2007 Common Council was presented with a detailed report entitled "Strategic Decision-Making Model - A Proposed New Governance Model for the City of Saint John". Following two separate meetings where presentations and discussions were held regarding the material in this report staff were instructed to prepare a By-Law for implementation of the new committee system. The purpose of this report is to present a draft of the Council Committees By-Law. ANALYSIS: The attached By-Law would implement a Council-Policy Committee structure of governance for the City. In this form of governance, Council establishes a limited number of standing committees that are responsible for developing, reviewing, and interpreting policy and evaluating the performance of those policies once they have been implemented. These policies will guide Council's decision-making in translating the Community's vision into a reality. Each Standing Policy Committee (SPC) recommends policy to Council, who in turn makes the final decision. 107 The proposed model is very much anchored in the achievement of the common vision for our community. The attached diagram illustrates the City's Planning & Policy Framework. Work is currently underway on the development of an Integrated Community Sustainability Plan (ICSP) which will be one of the key guiding policy documents for the community and Council. Council's role as a decision-making body is to focus on policy matters and setting the strategic direction that will guide the Administration and the community in the achievement of its vision and related goals. It is Council's responsibility to identify its priorities for the community based on the vision and goals developed by the community. These priorities will evolve over time. Standing Policy Committees provide leadership in developing and recommending strategic outcomes to Council that will contribute to the achievement of desired changes in the community. Outcomes are the intended results that will contribute to the achievement of community goals and ultimately the vision. More than one outcome may be required to achieve any given community goal. Planned outcomes will continue to evolve as results are realized. It is proposed that five Standing Policy Committees be established: The Coordinating Committee; Community Development Committee; Economic Development Committee; Infrastructure Committee and; Cultural Development Committee. The mandates for these Committees are drawn from and align with the Community Vision and Goals presented to Common Council in November of 2007. These mandates will be further reviewed as part of the development of the ICSP to ensure alignment of the policy making function. RECOMMENDATION: That Common Council consider I" and 2nd Reading of the attached By-Law respecting the establishment and operation of the Coordinating Committee and Standing Policy Committees and That 3rd Reading be considered by Common Council in conjunction with the completion of the Integrated Community Sustainability Plan. Respectfully submitted, Terry L. Totten F.C.A. City Manager 108 Title Section Definitions and Interpretation 1 Standing Policy Committees, Coordinating Committee 2 Roles and Responsibilities of Standing Policy Committees ......3-4 Roles and Responsibilities of Coordinating Committee 5 Operating and Capital Budgets 6 Membership 7 Mayor Ex-Officio Member 8 City Manager Ex-Officio Member 9 Quorum 11 Public Access to Meetings 13 Appointment to Committees 14 Chairperson and Vice-Chairperson 15 Administrative Powers and Duties 16 Mandate of Standing Policy Committees & Coordinating Committee 17-21 Revocation of Membership 22-25 Procedural Rules 26 Minutes • • 28 Schedule of Meetings 29 Notice 30 1 109 BY-LAW NUMBER A BY-LAW RESPECTING THE ESTABLISHMENT AND OPERATION OF THE COORDINATING COMMITTEE AND OF STANDING POLICY COMMITTEES OF THE CITY OF SAINT JOHN WHEREAS the City of Saint John operates with a modified form of city manager government as described in the City Government Act 1936 (Chapter S.N.B. 1936); and WHEREAS the Municipalities Act (Chapter M- 22, R.S.N.B. 1973) provides that a municipality may provide for, create, alter and abolish committees, and delegate administrative powers and duties to them " (s. 4(3)); and WHEREAS it is the purpose of this by-law to establish certain Standing Policy Committees as well as a Coordinating Committee of the Common Council of the City of Saint John, to define their respective roles and mandates and to prescribe as well certain matters respecting their composition, administration and procedure all in a manner consistent with the city manager form of government referred to in the first recital hereof; THEREFORE BE IT ENACTED by the Common Council of the City of Saint John under the authority vested in it by the Municipalities Act, R.S.N.B. 1973, c. M-22 and the Municipal Elections Act, R.S.N.B. 1973, c. M-21.01, as follows: Definitions 1(1) In this By-Law, unless the context otherwise requires: a) Council means the Common Council of the City of Saint John; b) Councillor means a member of Council other than the Mayor; C) Goals are statements of what is to ARRETE A° 110 be achieved for the future of Saint John; d) Mandate means broadly expressed statements that define the jurisdiction, purpose and authority of a Standing Policy Committee and which guide the formulating of its policy recommendations to Common Council; e) Member of Council means any person elected to a Council; f) Committee includes the Coordinating Committee and each Standing Policy Committee; g) Person means an individual, corporation, unincorporated organization and member of the civic administration as well as agencies, boards and commissions established by the City or the Provincial Legislature; h) Policy means a governing principle, plan or course of action that guides or influences future decisions; i) Ward means a ward established by a By-Law Relating to the Composition and Election of the Common Council, enacted by the Common Council of the City of Saint John on the S'h day of November, 2007; j) Calendar Year means a period of twelve (12) consecutive months beginning on January 15' and ending on December 3151. 1(2) The headings in this By-Law are for reference purposes only. Establishment of Committees 2 111 2(1) The following Standing Policy Committees are hereby established: a) Social Development Committee b) Economic Development Committee C) Infrastructure Committee d) Community Development Committee 2(2) The Coordinating Committee is hereby established. Roles and Responsibilities of Standing Policies Committees 3(1) The role of a Standing Policy Committee is that of policy advisor to Common Council. Policy is intended to support the achievement of the stated goals of the Saint John Community and within that context a Standing Policy Committee shall advise Common Council with respect to policy development, review and performance evaluation. Each Standing Policy Committee shall operate in a manner consistent with the relevant governance provisions of An Act to Provide for the Government of The City of Saint John, 1936, 1 Edward VIII, (1936), (City GovernmentAct). 3(2) The responsibilities of a Standing Policy Committee include: a) serving, subject to subsection (3) hereof and within its mandate, as a person's initial access point to the municipal decision making process with respect to matters of concern within the community; b) providing a form for substantial debate related to the development, review and performance evaluation of policy and strategic directions respecting topics lying within its mandate; C) providing a forum for open public participation and detailed discussion with citizens as part of 3 112 the City's decision making process; d) making policy recommendations to Common Council including the prioritization of policies with respect to topics lying within, its mandate; C) reviewing and evaluating the effectiveness of those policies adopted by Council and which deal with topics lying within the Committee's mandate; f) considering reports from members of the civic administration dealing with the implementation of policies adopted by Common Council and dealing with topics lying within the Committee's mandate; g) discharging such other administrative powers and duties as delegated by Council from time to time, consistent with the relevant provisions of the City Government Act; h) consulting with the City Manager or a municipal official designated by the City Manager for that purpose, prior to presenting Common Council with any policy advice; i) consulting with the Commissioner of Finance prior to presenting Common Council with any financial advice; j) consulting with the City Solicitor or a person employed in the City Solicitor's Department and designated by the City Solicitor for that purpose, prior to presenting Common Council with policy advice respecting a matter involving the City's legal liability, rights, obligations or authority. 4 113 k) consulting with the Common Clerk or a person employed in the Common Clerk's office and designated by the Common Clerk for that purpose, prior to presenting Common Council with policy advice respecting procedures, governance or related matters. 3(3) All matters of a policy nature are to be considered first by the appropriate Standing Policy Committee as determined by their mandate except in the event that consideration by Common Council is in the opinion of the City Manager or his designate, urgent, in which case such matter shall be considered by Common Council as soon as reasonably possible. 3(4) When the City Manager, Commissioner of Finance, City Solicitor or a person designated by one of them has provided advice to a Standing Policy Committee, a copy thereof shall be provided by the Standing Policy Committee to Common Council at the time of a Standing Policy Committee's submitting any related policy recommendation. 4(1) A Standing Policy Committee may establish, make appointment to and commission one or more subcommittees to assist with the development of a Standing Policy Committee's recommendation to Common Council respecting a proposed or existing policy relating to a topic lying within the Standing Policy Committee's mandate. 4(2) A Standing Policy Committee must adopt Terms of Reference for each proposed subcommittee outlining the latter's purpose, authority and intended deliverables. 4(3) Subcommittees shall be comprised primarily of non-elected members although a member of Common Council may be appointed if a request for such appointment is made. 4(4) Members of subcommittees are not compensated for their service. 4(5) If at a date twelve (12) months following the date of its establishment a subcommittee has not 114 completed the work defined in its Terms of Reference then the Standing Policy Committee by which it was established must review the subcommittee's progress and make a recommendation to Council respecting the subcommittee's continued existence. 4(6) Subject to subsection 4(5) a subcommittee is deemed to be dissolved upon the Standing Policy Committee by which it was created determining that the work defined in the relevant Terms of Reference has been completed. Roles and Responsibilities of Coordinating Committee 5 The role of the Coordinating Committee is to ensure collaboration and consistency in decision making across all Standing Policy Committee mandates. Committee of the Whole Operating and Capital Budgets 6 The Committee of the Whole of Common Council shall in addition to its ongoing deliberative and advisory role to Common Council be responsible for directing the development of the operating and capital budgets for the City and utilities. In discharging that responsibility the Committee of the Whole has the following responsibilities: a) providing direction to the civic administration through the City Manager with budget guidelines and considerations; b) considering the recommendation of the City Manager respecting proposed operating and capital budgets; C) considering recommendations from the Coordinating Committee and from Standing Policy Committees respecting long term strategic planning; 115 d) receiving submissions from interested persons as deemed appropriate by the Committee of the Whole; e) making recommendation to Council with respect to the proposed operating and capital budgets. Membership 7(1) Each Standing Policy Committee shall be comprised of five (5) Councillors with at least one (1) member from each Ward. 7(2) Each Councillor shall be appointed to, and subject to Sections 18, 19 and 20 hereof, shall at all times be a member of two (2) Standing Policy Committees. 7(3) Each Councillor shall be appointed to not fewer than three (3) Standing Policy Committees during a Council's term of office. 7(4) The Coordinating Committee shall be comprised of the Mayor and the Chairperson of each Standing Policy Committee. The Mayor shall be the Chair of this Committee. 8 The Mayor is an ex-officio member of each Standing Policy Committee and may participate in debate at meetings thereof, however, at such meetings may not move nor vote upon a motion. 9 The City Manager is an ex-officio non-voting member of each Standing Policy Committee and of the Coordinating Committee. 10 Any Councillor may attend any meeting of any Standing Policy Committee and participate in debate but may not move or second a motion nor vote upon a motion. Quorum 11(1) A quorum for a Standing Policy Committee 7 116 or for the Coordinating Committee is a majority of the members thereof respectively. 12 If neither the Chairperson nor Vice- Chairperson is present at a meeting of a Standing Policy Committee or the Coordinating Committee then the Committee must elect a Chairperson from amongst its members present at that meeting. Public Access 13 Meetings of a Standing Policy Committee or of the Coordinating Committee shall be open to the public in accordance with the relevant provisions of the Municipalities Act unless the public is excluded therefrom pursuant to the applicable provisions of that legislation. Appointment 14(1) Following each quadrennial municipal election Council shall: a) on the recommendation of the Committee of the Whole of Council, appoint two (2) Councillors elected from different Wards to each Standing Policy Committee for a term ending with the expiration of the Council's term of office; b) on the recommendation of the Mayor appoint a Councillor to each Standing Policy Committee for a term ending on June 30th of the third calendar year of the Council's term of office. Each such Councillor shall be the Chair of the Standing Policy Committee to which he/she has been appointed; C) on the recommendation of the Committee of the Whole of Council and subject to the provisions of subsection 7(1) hereof appoint two (2) Councillors 117 elected from different Wards to each Standing Policy Committee for a term ending on June 30th of the third calendar year of the Council's term of office. 14(2) a) Council shall on the recommendation of the Mayor appoint a Councillor to each Standing Policy Committee for a term commencing July 1st of the third calendar year of the Council's term of office and ending with the expiration thereof. Each such Councillor shall be the Chairperson of the Standing Policy Committee to which he/she has been appointed; b) Council shall on the recommendation of the Committee of the Whole of Council and subject to the provisions of subsection 7(1) hereof, appoint two (2) Councillors elected from different Wards to each Standing Policy Committee for a term commencing July 1st of the third calendar year of the Council's term of office for a term ending with the expiration thereof. 14 (3) A Councillor may not serve at any one time as Chairperson of more than one Standing Policy Committee. 15(1) Each Standing Policy Committee shall at its first meeting and thereafter at the first meeting following the appointment of a new Chairperson, so often as that shall happen, elect a Vice- Chairperson from amongst its members. 15 (2) If a Vice-Chairperson is not elected as stipulated in Subsection (1) hereof, then Council may appoint a Vice-Chairperson. 16 Each Standing Policy Committee and the Coordinating Committee shall exercise the roles and responsibilities delegated to them respectively in Sections 17 to 21 hereof. 9 118 Committee Mandates 17 Social Development Committee: To provide leadership and support to advance social development in the City. Specifically the Committee will advocate for and recommend policies and strategies that: 1. provide for a diverse and seamless array of educational opportunities that promote individual self-sufficiency, innovation, creativity and life-long learning. 2. promote a flexible and adaptive housing market that meets the range of needs within our community. 3. provide for a safe, livable community with vibrant neighbourhoods. 18 Economic Development Committee: To provide leadership and support to promote economic growth within the City and ensure that our natural environment is protected, preserved and enhanced. Specifically the Committee will advocate for and recommend policies and strategies that: i . recognize the inherent responsibility of every individual and organization to embrace a shared commitment to environmental stewardship. 2. promotes a diverse, vibrant, resilient, environmentally sound economy that actively supports wealth creation, innovation, entrepreneurship and individual economic well-being. 3. promotes a variety of economic and employment opportunities. 19 Infrastructure Committee: To provide leadership and support to promote the effective and efficient provision of public infrastructure that supports and enhances public health and the movement of people, goods and services throughout the city. Specifically the Committee will advocate for and 10 119 recommend policies and strategies that: 1. Enhance and protect the health of our citizens. 2. Promote an evolving array of convenient, comfortable, affordable and efficient modes of transportation. 3. Promote active transportation networks that connect the entire city. 20 Community Development Committee: To provide strategic leadership in the creation of a livable and culturally vibrant community where active lifestyles are promoted. Specifically the Committee will advocate for and recommend policies and strategies that: 1. Support active and healthy lifestyles through a diversity of waterfront access; parks and open spaces; sport and recreation facilities and programs; cultural and social venues and events and; public gathering places. 2. Promote the highest standards of quality in architecture, landscaping, infrastructure management and urban design. 3. Promote our natural and built heritage as a key component in developing new and renewed places to live, work, play and learn. 21 Coordinating Committee: To provide leadership and support by ensuring collaboration and consistency of decision-making across all Standing Policy Committees. Specifically the Committee will advocate for and recommend policies and strategies that: 1. foster civic engagement and pride through responsible, cooperative, inclusive and fiscally responsible government that is accountable for achieving results. 2. support a leadership role for the City with other local, provincial and national levels of government to 11 120 address common challenges and opportunities for our community. 3. support the administration in efforts to recruit and retain the necessary human resources to meet the City's service level standards. 4. making recommendations to Council related to governance, policy and structure; financial planning and budgeting; fiscal policy including revenue, debt and tax policies; audits; appointment of auditors; intergovernmental matters; Council and its operation; human resources and labour relations; and other administrative policy functions related to the operations of the Corporation of the City of Saint John; 5. recommending appointments to Agencies, Boards and Commissions to Common Council; 6. discharging such other administrative powers and duties as delegated by Common Council from time to time, consistent with the relevant provisions of the City Government Act. 22(1) The Council shall revolve a Councillor's appointment to a Standing Policy Committee in the event of a Councillor's having missed three (3) successive meetings of the Standing Policy Committee without having obtained authorization for such absence. 22(2) The receipt by a Standing Policy Committee of a member's written advice that he/she will not be attending a Standing Policy Committee meeting, constitutes "authorization" for the purposes of Section 22(1) hereof. 22(3) Council shall as soon as reasonably possible appoint a Councillor to a Standing Policy Committee for the purpose of replacing a Councillor whose appointment to that Committee has been revoked pursuant to Section 22(1) hereof. 23(1) The Chair of a Standing Policy Committee may recommend to Council that it revoke the appointment of a Councillor to that Committee when the Chairperson is of the opinion that the Councillor in question has: 12 121 a) neglected or refused to operate within the Standing Policy Committee's mandate; or b) neglected or refused to give proper attention to matters before the Standing Policy Committee. 23(2) Council shall as soon as reasonably possible appoint a Councillor to a Standing Policy Committee for the purpose of replacing a Councillor whose appointment to that Standing Policy Committee has been revoked pursuant to Section 23(1) hereof or whose membership therein has ended by reason of death or resignation. 24(1) The Mayor may recommend that Council revoke the appointment of a Chairperson of a Standing Policy Committee when the Mayor is of the opinion that the Chairperson in question has: a) refused or neglected to call meetings of that Committee as required to discharge its duties; b) refused or neglected to conduct the business of the Committee in accordance with its decisions; C) refused or neglected to attend the Committee meetings; or d) neglected or refused to operate within the Standing Policy Committees mandate. 24(2) Council shall as soon as reasonably possible and on the recommendation of the Mayor, appoint a Councillor to a Standing Policy Committee and designate him the Chairperson thereof, for the purpose of replacing a Councillor whose appointment has been revoked following a recommendation pursuant to Subsection 24(1) hereof. 25 Each Councillor as soon as possible following election to Council may submit to the Committee of the Whole a written indication of the Standing Policy Committees upon which he/she would prefer to serve. Similar written submission may be made 13 122 prior to the appointments to Standing Policy Committees to be made as of July 1" of the third year of a Council's term of office. Procedure 26(1) Unless otherwise stated the following rules apply to Standing Policy Committees: a) motions need not be seconded; b) there is no limit to the number of times a member may speak to a question; C) informal discussion of a subject is permitted when no motion has been made; and d) the Chairperson may make motions, participate in debate and vote on all motions without leaving the Chair. 26(2) Unless specific rules for a Standing Policy Committee procedures exist, Standing Policy procedures must follow the Procedural Rules applicable to the Committee of the Whole of Common Council as set out in the Common Council's Procedural By-Law enacted on the 3'd day of January, 2006. 27 Any matter which a person wishes to be considered by a Standing Policy Committee must be submitted in writing to the Common Clerk who will in consultation with the Chair of the appropriate Committee refer the matter to the Committee's agenda. Minutes 28(1) Minutes must be prepared for all Standing Policy Committee meetings as well as for meetings of the Coordinating Committee. Such minutes will include: a) all decisions and recommendations; b) the names of the Committee 14 123 members present at and absent from the meeting; C) any conflicts declared pursuant to the provisions of the Municipalities Act or otherwise; and d) the signatures of the Chair and Recording Secretary. 28(2) Minutes must be retained by the Common Clerk in a safe manner and must be made available upon request to the public unless the meeting was closed to the public pursuant to the relevant provisions of the Municipalities Act. 28(3) The Minutes of each Standing Policy Committee meeting and of each Coordinating Committee Meeting must be circulated prior to or at the meeting at which they are to be adopted: a) if there are errors or omissions, the Committee must pass a motion to amend the Minutes and adopt the Minutes as amended; or b) if there are no error or omissions adopt the Minutes as circulated. 28(4) The approved minutes of each Standing Committee meeting will be submitted as an information item to the next regularly scheduled meeting of Common Council. Schedule 29(1) Unless otherwise directed by the Committee: "Social Development Committee" shall hold its regular meetings on the first Wednesday of each month; "Economic Development Committee" shall hold its regular meetings on the second Wednesday of each month; "Infrastructure Committee" shall hold its regular meetings on the third Wednesday of each month; 15 124 "Community Development Committee" shall hold its regular meetings on the fourth Wednesday of each month; "The Coordinating Committee" shall hold its regular meetings on the Monday of every second regularly scheduled Committee of the Whole Meeting. 29(2) Unless otherwise determined by the Committee meetings shall be held between 11:30 a.m. and 1:30 p.m. in the Council Chambers, City Hall. 29(3) The Chair of a Standing Policy Committee or the Coordinating Committee may call a meeting of the Committee at any time and must do so if a majority of Committee members so request in writing including a statement of the purpose of the meeting. Notice 30(1) Notice of a meeting of a Standing Policy Committee or of the Coordinating Committee which is not contained in an annual schedule thereof adopted by the respective Committee, must be given in accordance with subsection (2) hereof. 30(2) The Notice referred to in subsection (1) hereof must: a) issue a minimum of 24 hours prior to the meeting date; b) be in writing and specify the time, date, location and purpose of the meeting; C) be posted on the City's website; d) be delivered or electronically transmitted to each Councillor and to the Mayor and the City Manager; C) be available in printed format in the office of the Common Clerk during regular business hours; and 16 125 f) provide any other notification as requested by the Committee. IN WITNESS WHEREOF the City of Saint John has caused the Common Seal of the said City to be affixed to this by-law the day of , A.D. 2008 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008 avec les signatures suivantes : ayor/ afire Common Clerk/ Greffiere com unale First Reading Second Reading Third Reading Premiere lecture Deuxie e 1 t e : roisiee lecture : TABLE OF CONTENTS 17 126 _ REPORT TO COMMON COUNCIL COMMITTEE OF THE WHOLE M&C 08- November 10, 2008 His Worship Mayor Ivan Court and Members of Common Council td,y of Saint lo~hn Your Worship and Councillors: RE: Terms & Conditions of Employment - Management/Professional Personnel BACKGROUND : On October 14, 2008 a report was presented in a closed session of Committee of the Whole related to the Terms & Conditions of Employment for Management/Professional Employees of the City. There was an abbreviated discussion of the report at that time due to time constraints. The result was that staff was asked to provide more background information related to some of the sections of the draft document. Since the meeting staff has been compiling the information requested by Council. At the same time however the initial report was released to the local media which has resulted in significant public discussion on one section of the document relating to sick leave. It would appear that a significant part of the concern with this section of the document relates to misinfonnation and misunderstanding of the proposed benefit. In order to address the concerns that have been raised with regards to this matter Mr. Bill Leudey from Leudey Consultants Inc. has been asked to make a presentation to Common Council regarding the sick leave provisions. The presentation will be in the form of a "teach--in" to allow Councillors to get the information they need to understand the issue. A summary of the points that Mr. Leudey will cover in his presentation is attached. On a related matter, a number of questions have been raised as to why the report was presented at a closed meeting of Council. Ultimately the decision as to what gets discussed in a closed session rests with Council. Staff recommended that the report be placed on a closed session of Committee of the Whole as it dealt with a personnel matter. The Terms & Conditions of Employment for Management/Professional Employees is similar in many respects to a collective agreement between the City and one of the civic locals. It establishes the foundational working relationship between the City and a group of individuals hired in management positions. 127 The Terms & Conditions document has not been distributed to our Management employees. It was anticipated that once Council had reached a comfort level with the contents of the document it would be presented to our employees for their consideration. After this a finalized recommendation was to be made at an open session of Common Council. Following Mr. Leudey's presentation staff will take direction from Common Council as to how they wish to proceed with completing the work on the Terms & Conditions of Employment. RECOMMENDATIONS: That this report be received and filed. Respectfully submitted, rAsc---5- Andrew P. Beckett C.A. Deputy ,ty Manager Terry L. Totten F.C.A. City Manager 128 CITY OF SAINT JOHN COUNCIL MEETING - MONDAY, NOVEMBER 10, 2008 Discussion regarding Short Term Disability Benefits Discuss and review with the City Council some of the concerns that have been raised relative to the proposed Short Term Sickness Plan. I am confident that with an open discussion on the proposed Plan that Council can conclude that either this Plan or an alternate Plan could result in a more effective program than the current arrangement. I have outlined below some areas that I hope to discuss. Review current and proposed coverage for Disability Benefits at the City of Saint John, including: i. Are the current and proposed benefits adequate and reasonable? Is the Plan too generous? ii. Are the current and proposed' benefits competitive with industry standards? iii. Are Disability Benefits important from both the employer's and employee's point of view? iv. Are there other alternatives that could be considered? To address these topics, I will a) Discuss the concept of Disability Benefits - both Short Term and Long Term. b) What does the City of Saint John now offer for Short Term and Long Term Benefits? c) The importance of a 1 year or 2 year "own occupation" disability clause. d) How does "c" above fit into your current arrangements alternate arrangements? e) Compare current and proposed Plan to industry standards. f) Reasons to consider a change from current Plan. g) Limitations of current and proposed Plans. h) Other possibilities or alternatives to consider. 129 WJ (BILL) LUEDEY Bio Bill Luedey is President of Luedey Consultants Inc., an independent benefits consulting firm in Halifax, Nova Scotia. Bill started his career in the Employee Benefits field 43 years ago. Prior to establishing Luedey Consultants Inc., he held executive positions with two large benefit consulting firms where he was responsible for their national group operations. His 43 years in the field have provided him with extensive experience dealing with a multitude of clients in the private and public sector. In 2002 Luedey Consultants Inc was incorporated and under Bill's direction, Luedey Consultants Inc. has focused on providing benefits consulting services to clients primarily in the Atlantic Provinces, Luedey Consultants Inc. provides its clients with independent consulting advice on their group insurance plan's life, accident, disability, health and dental benefits. They do not sell or promote products but strive to ensure that clients receive the best possible services from an experienced team. 130 present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, McGuire, Mott, Snook and Sullivan, Titus - and - T. Totten, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Reid, Deputy Chief of Police; R. Simonds, Fire Chief, B. Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 27 OCTOBRE 2008 A 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, McGuire, Mott, Snook, Sullivan et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; K. Forrest, commissaire a I'urbanisme et au developpement; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; B. Reid, chef de police adjoint; R. Simonds, chef du service d'incendie, B. Morrison, commissaire aux services des loisirs; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 1. Call To Order - Prayer Mayor Court called the meeting to order and Pastor Phil Prosser of Victory Assembly offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur Phil Prosser, de Victory Assembly, recite la priere d'ouverture. 2 Approval of Minutes On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the minutes of the meeting of Common Council, held on October 14, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que le proces-verbal de la seance du conseil communal tenue le 14 octobre 2008 soit approuve. Seconded by Councillor Court RESOLVED that the agenda of this meeting be approved with the additions of 13.1 Committee of the Whole Report on Pension Plan Disability Statistics; 13.2 Committee of the Whole Report - Appointments to Committees; 13.3 Committee of the Whole Report - Consent Order Discontinuance and Release Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout des points 13.1, Rapport du comite plenier sur Ies statistiques relatives aux reclamations d'invalidite du regime de retraite, 13.2, Rapport du comite plenier relativement aux nominations pour sieger aux comites; 13.3 Rapport du comite plenier relativement a I'ordonnance par consentement pour un desistement et une quittance. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Family Plus Life Solutions requesting to present Understanding the Early Years, be referred to the Clerk to schedule. 5.2 That the letter from Ray Bungay regarding sidewalks on Hickey Road be referred to the City Manager. 5.3 That the letter from the Saint John Board of Police Commission regarding their vacant position be referred to the Nominating Committee. 5.4 That the letters of support with respect to the Cherry Brook Zoo and the "Make a Difference Day " Campaign be received for information. 5.5 That as recommended by the City Manager, the submitted quote of Thomas Industrial Sales Ltd. be accepted and that Common Council approve this spending request so that timely mechanical repairs to the Morna Heights and Greenwood Wastewater Treatment Facilities may proceed. 5.6 That as recommended by the City Manager, Contract 2008-39: Princess Street Retaining Wall Reconstruction be awarded to the tenderer, Gulf Operators Ltd., at a negotiated tender price of $234,203.80, as calculated based on estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 That the report entitled Contract No. 2007-35 Watermain Cleaning and Lining, Phase 3 be received for information. 5.8 That as recommended by the City Manager, the tender for the Construction of Maintenance Building, 171 Adelaide Street, be awarded to Erb's Enterprises Ltd., in the amount of $375,300.00, tax included. 5.9 Refer to item 14.1 5.10 That as recommended by the City Manager, the City's establishment be increased by an "asset manager" and an " administrative assistant" with both positions falling within the Department of Building and Technical Services and being assigned to the Peel Plaza development for the current time. Scott Blount for 99 Simpson Drive on Monday, November 24, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.13 That as recommended by the City Manager, Common Council, under the existing policy, approve a LPP grant of $10,000 to the Millidgeville P. E.A. K. Project with conditions that: A certificate is received from the Superintendent of School District 8 stating that the green space area and play equipment at M. Gerald Teed School shall be open for recreational use and the enjoyment of the general public; that a letter be provided to the Commissioner of Leisure Services from the equipment supplier stating that the equipment and installation fully comply with Canadian Safety Association standards; and that School District 8 assume responsibility for any future maintenance and safety inspections of the area and equipment. 5.14 That as recommended by the City Manager: 1. The City of Saint John purchase 105 Union Street from 640708 NB Inc. in accordance with the terms and conditions contained in the Purchase and Sale Agreement submitted to report, M&C # 2008-323. 2. The Mayor and Common Clerk be authorized to execute the necessary documents. 5.15 That as recommended by the City Manager: 1. The City of Saint John acquire an easement at 125 Germain Street from The Union Club Company in accordance with the terms and conditions contained in the submitted document, M&C # 2008-324; 2. As part of the above-noted document, The City of Saint John shall a. Pay for any plan of survey required to facilitate the easement agreement; b. Reimburse the grantor its legal costs to a maximum of $600.00 and the City shall also pay for any registration or administration fees associated with this easement document; and c. Provide three (3) parking spaces for employees/members of the Union Club as mutually agreed to during the construction of the City's retaining wall or work associated with the installation of any public utilities within the City's easement; 3. Common Council assent to any municipal services easement and public utility easement(s) required for the property at 125 Germain Street, and 4. The Mayor and Common Clerk be authorized to execute the necessary documents. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.9 which has been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Family Plus Life Solutions, visant a presenter devant le conseil le projet Comprendre la petite enfance, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.2 Que la lettre de Ray Bungay relative aux trottoirs du chemin Hickey soit transmise au directeur general. 5.3 Que la lettre du Bureau des commissaires de la police de Saint John relative au 5.5 Que, comme le recommande le directeur general, la soumission presentee par Thomas Industrial Sales Ltd. soit acceptee et que le conseil communal approuve la demande de depenses de fagon a ce que les reparations mecaniques puissent titre apportees en temps opportun aux installations de traitement des eaux usees de Morna Heights et de Greenwood. 5.6 Que, comme le recommande le directeur general, le contrat no 2008-39, relatif aux travaux de reconstruction du mur de soutenement de la rue Princess, soit accorde au soumissionnaire moins-disant, Gulf Operators Ltd., au prix offert de 234 203,80 etabli a partir de quantites estimatives et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.7 Que le rapport sur le contrat no 2007-35 relatif au nettoyage et au revetement interieur de la conduite d'eau principale, phase 3, soit accepte a titre informatif. 5.8 Que, comme le recommande le directeur general, le contrat relatif a la construction d'un batiment d'entretien au 171, rue Adelaide, soit accorde a Erb's Enterprises Ltd., au montant de 375 300 taxes incluses. 5.9 Voir le point 14.1. 5.10 Que, comme le recommande le directeur general, un poste de << gestionnaire des biens » et un poste d'« adjoint administratif » soient ajoutes aux effectifs municipaux et que les titulaires de ces deux postes entrent en fonction aux Services techniques et des batiments et soient pour l'instant affectes a I'amenagement de la place Peel. 5.11 Que, comme le recommande le directeur general, le contrat relatif a I'approvisionnement en sable abrasif pour la saison hivernale 2008-2009 soit accorde a Galbraith Construction Ltd., au montant de 10,50 $ la tonne, taxes en sus. 5.12 Que le conseil communal fixe la date de I'audience publique au lundi 24 novembre 2008, a 19 h, dans la salle du conseil, relativement a la demande de rezonage de Scott Blount (99, promenade Simpson), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.13 Que, comme le recommande le directeur general, le conseil communal, conformement a la politique existante, accorde une subvention de 10 000 $ aux terrains d'utilite publique du projet PEAK de Millidgeville selon les conditions suivantes : reception d'un certificat du directeur du district scolaire 8 indiquant que 1'espace vert et I'equipement de jeu de I'ecole M. Gerald Teed demeurera ouvert aux fins de Ioisirs et de jouissance par le public; envoi d'une Iettre au commissaire aux services des Ioisirs, signee par le fournisseur de I'equipement, precisant que le nouvel equipement et l'installation respectent Ies normes etablies par I'Association canadienne de normalisation; et responsabilite assumee par le district scolaire 8 relativement a tout entretien et a toute inspection a venir de la securite de 1'espace et de I'equipement. 5.16 Que, comme le recommande le directeur general 1. The City of Saint John acquiere le 105, rue Union appartenant a 640708 NB Inc. conformement aux modalites et aux conditions stipulees dans la convention d'achat- vente jointe au rapport (contrat no MC 2008-323); 2. le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 5.17 Que, comme le recommande le directeur general, 1. The City of Saint John acquiere une servitude situee au 125, rue Germain appartenant a The Union Club Company conformement aux modalites et aux conditions stipulees dans le document soumis (contrat no MC 2008-324); d'assumer les frais d'enregistrement ou d'administration lies au document de servitude; fournir trois (3) places de stationnement reservees aux employes ou aux membres du Union Club, comme convenu de fagon mutuelle, pendant la construction du mur de soutenement ou les travaux d'installation des services publics dans la servitude municipale; 3. le conseil communal autorise toute servitude de services municipaux et toute servitude aux fins d'utilite publique necessaires a la propriete situee au 125, rue Germain; 4. le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.9, et qui a ete selectionnee aux fins de discussions, soit adoptee. A Tissue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Section 39 Amendment 26 Kiwanis Court 9.1(b) Planning Advisory Committee Recommending Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the July 21, 1980 rezoning of the property located at 26 Kiwanis Court, also identified as PID Number 00445684, to allow for a vocational training centre and business office uses, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its October 21, 2008 meeting at which the Committee decided to recommend the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed amendment with Mark Trecartin, Business Manager of IBEW Local 502, stating that they were in agreement with the Planning Advisory Committee report and recommendation. On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that Common Council amend the Section 39 conditions imposed on the July 21, 1980 rezoning of the property located at 26 Kiwanis Court, also identified as PID Number 00445684, to allow for the proposed vocational training centre and business office uses. Question being taken, the motion was carried. 9. Audiences publiques a 19 h 9.1a) Modification proposee aux conditions imposees en vertu de I'article 39 visant le 26, impasse Kiwanis 9.1b) Comite consultatif d'urbanisme recommandant les modifications La greffiere communale indique que les avis requis ont ete publies en ce qui a trait a la modification proposee en vertu de I'article 39, modifiant les conditions imposees le 21 juillet 1980 relativement au rezonage de la propriete situee au 26, impasse Kiwanis, inscrite sous le NID 00445684, afin d'autoriser un centre de formation professionnelle et l'usage de bureaux d'affaires, et qu'aucune objection ecrite n'a ete regue. On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Mark Trecartin, directeur commercial de la section locale 502, Fraternite internationale des ouvriers en electricite, indique qu'il appuie le rapport et les recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Farren Appuyee par le conseiller Killen RESOLU que le conseil communal modifie les conditions imposees par I'article 39 le 21 juillet 1980, relativement au rezonage de la propriete situee au 26, impasse Kiwanis et inscrite sous le NID 00445684, afin d'autoriser le centre deformation professionnelle et I'usage de bureaux d'affaires. A I'issue du vote, la proposition est adoptee. 9.2(a) Proposed Zoning By-Law Amendment 951-961 Fairville Boulevard 9.2(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land located at 951-961 Fairville Boulevard having an area of approximately 3 hectares, also identified as being a portion of PID Numbers 00396754, 55012371, 00286195, and a portion of 55107494, from 14" Heavy Industrial Park to "SC-2" Shopping Centre as requested by Plazacorp Property Holdings Inc. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 21, 2008 meeting during which the Committee decided to recommend the application to rezone a parcel of land located at 951-961 Fairville Boulevard as described above. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favor of the rezoning with James Pitre, President of Plazacorp, stating that they were in agreement with the Planning Advisory Committee report and recommendation. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 951-961 Fairville Boulevard, having an area of approximately 3 hectares, also identified as PID Numbers 00396754, 55012371, 00286195, and a portion of 55107494, from 14" Heavy Industrial Park to "SC-2" Shopping Centre as requested by Plazacorp Property Holdings Inc. be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 951-961 Fairville Boulevard, having an area of approximately 3 hectares, also identified as PID Numbers 00396754, 55012371, 00286195, and a portion of 55107494, from 14" Heavy Industrial Park to "SC-2" Shopping Centre as requested by Plazacorp Property Holdings Inc. be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John". La greffiere communale indique que les avis ont ete publies relativement au rezonage d'une parcelle de terrain situee au 951-961, boulevard Fairville, d'une superficie d'environ 3 hectares et inscrite sous les NID 00396754, 55012371 et 00286195 et en partie sous le NID 55107494, afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iourde « I-4 » a zone de centre commercial « SC-2 a la demande de Plazacorp Property Holdings Inc. On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du service d'urbanisme, qui ont fait l'objet d'un examen lors de la seance du 21 octobre 2008 au cours de laquelle le Comite a choisi de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 951-961, boulevard Fairville, telle qu'elle est decrite ci-dessus. Le maire invite le public a venir exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. James Pitre, president de Plazacorp, indique qu'il appuie le rapport et les recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 951-961, boulevard Fairville, d'une superficie d'environ 3 hectares et inscrite sous les NID 00396754, 55012371 et 00286195 et en partie sous le NID 55107494, afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iourde « 1-4 » a zone de centre commercial « SC-2 a la demande de Plazacorp Property Holdings Inc., fasse l'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 951-961, boulevard Fairville, d'une superficie d'environ 3 hectares et inscrite sous les NID 00396754, 55012371 et 00286195 et en partie sous le NID 55107494, afin de faire passer la classification s'y rapportant de zone de parc d'industrie Iourde « 1-4 » a zone de centre commercial « SC-2 a la demande de Plazacorp Property Holdings Inc., fasse l'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John 9.3(a) Propozed Zoning By-Law Amendment 324 Duke Street West 9.3(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land located at 324 Duke Street West, having an area of approximately 490 square metres, also identified as PID Number 00388850, from "RM- 1" Three Storey Multiple Residential to "B-1" Local Business as requested by Saint John Deaf and Hard of Hearing Services Inc. Consideration was also given to a report from the Planning Advisory Committee - I---- - - -r - - - -rr,- - ^-1-1-- - presenting. The Mayor called for members of the public to speak in favor of the re-zoning with Lynn Leblanc, Executive Director of Saint John Deaf and Hard of Hearing Services Inc., stating that they were in agreement with the Planning Advisory Committee report and recommendation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 324 Duke Street West, having an area of approximately 490 square metres, also identified as PID Number 00388850, from "RM-1" Three Storey Multiple Residential to "B-1" Local Business be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 324 Duke Street West, having an area of approximately 490 square metres, also identified as PID Number 00388850, from "RM-1" Three Storey Multiple Residential to "B-1" Local Business be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". 9.3a) Projet de modification de I'arrete de zonage visant le 324, rue Duke Ouest 9.3b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement au rezonage d'une parcelle de terrain situee au 324, rue Duke Ouest, d'une superficie d'environ 490 metres carres et inscrite sous le NID 00388850, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a logements multiples de trois etages « RM-1 » a zone commerciale locale « B-1 a la demande de Saint John Deaf and Hard of Hearing Services Inc. On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du service d'urbanisme, qui ont fait I'objet d'un examen lors de la seance du 21 octobre 2008 au cours de laquelle le Comite a choisi de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 324, rue Duke Ouest, telle qu'elle est decrite ci-dessus. Le maire invite le public a venir exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Lynn Leblanc, directrice generale de Saint John Deaf and Hard of Hearing Services Inc., indique qu'elle appuie le rapport et les recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Titus Ann. nioo nnr to nnncoillor RA~r. NID 00388850, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages « RM-1 » a zone commerciale locale « B-1 » fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 324, rue Duke Ouest, d'une superficie d'environ 490 metres carres et inscrite sous le NID 00388850, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages « RM-1 » a zone commerciale locale « B-1 » fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John 9.4(a) Proposed Zoning By-Law Amendment 106 Spar Cove Road 9.4(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to rezoning a parcel of land located at 106 Spar Cove Road, having an area of approximately 920 square metres, also identified as PID Number 00040998, from "RM-1" Three Storey Multiple Residential to "B-2" General Business with Section 39 conditions as requested by Chris Legault and Jonathan Sabean. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 21, 2008 meeting during which the Committee decided to recommend the application to rezone a parcel of land located at 106 Spar Cove Road as described above. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favor of the rezoning with Jonathan Sabean, the applicant, indicating that he was in agreement with the Planning Advisory Committee report and recommendation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 106 Spar Cove Road, having an area of approximately 920 square metres, also identified as PID Number 00040998, from "RM-1" Three Storey Multiple Residential to "B-2" General Business be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zonina Mar) of The Citv of Saint John. by rezonina a r)arcel of land located at 106 Saar Question being taken, the motion was carried. Read a second time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". 9.4a) Projet de modification de I'arrete de zonage visant le 106, chemin Spar Cove 9.4b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement au rezonage d'une parcelle de terrain situee au 106, chemin Spar Cove, d'une superficie d'environ 920 metres carres et inscrite sous le NID 00040998, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages « RM-1 » a zone commerciale generale « B-2 » en vertu des conditions imposees par I'article 39, a la demande de Chris Legault et de Jonathan Sabean. On a egalement examine le rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du service d'urbanisme, qui ont fait I'objet d'un examen lors de la seance du 21 octobre 2008 au cours de laquelle le Comite a choisi de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 106, chemin Spar Cove, telle qu'elle est decrite ci-dessus. Le maire invite le public a venir exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Jonathan Sabean, le requerant, indique qu'il appuie le rapport et les recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 106, chemin Spar Cove, d'une superficie d'environ 920 metres carres et inscrite sous le NID 00040998, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages « RM-1 » a zone commerciale generale « B-2 » fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'arrete intitule «Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 106, chemin Spar Cove, d'une superficie d'environ 920 metres carres et inscrite sous le NID 00040998, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a Iogements multiples de trois etages « RM-1 » a zone commerciale generale « B-2 » fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John 10. Consideration of By-laws 10.1 Third Reading Zoning By-Law 341 Ashburn Road Councillor Mott withdrew from the meeting. amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID Number 55003982, from "RF" Rural to 1-1" Light Industrial" classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C. P. 110-86 A Law to Amend the Zoning By- law of the City of Saint John", was read in its entirety. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by-law entitled, "By-law Number C.P. 110-86 A Law to Amend the Zoning By-Law of the City of Saint John" amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 341 Ashburn Road, having an area of approximately 1731 square metres, also identified as being a portion of PID Number 55003982, from "RF" Rural to 1-1" Light Industrial" classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The by-law entitled, "By-law Number C. P. 110-86 A Law to Amend the Zoning By-law of the City of Saint John", was read a third time by title. Question being taken, the motion was carried. Councillor Mott re-entered the meeting 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'arrete de zonage visant le 341, chemin Ashburn Le conseiller Mott quitte la seance. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule «Arrete no C. P. 110- 86 modifiant I' Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 341, chemin Ashburn, d'une superficie d'environ 1 731 metres carres et inscrite en partie sous le NID 55003982, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « 1-1 » fasse l'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110-86 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no C. P. 110- 86 modifiant I' Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 341, chemin Ashburn, d'une superficie d'environ 1 731 metres carres et inscrite en partie sous le NID 55003982, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « 1-1 » fasse l'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no 110-86 modifiant I'Arrete de zonage de The City of Saint John A I'issue du vote, la proposition est adoptee. Le conseiller Mott se joint de nouveau a la seance. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses questions. 7. Proclamation 7. Proclamation 8. Delegations/Presentations 8.1 Safer Communities and Neighbourhoods Act Referring to a submitted presentation, Fred Sanford, Director-Public Safety Investiagtion Section, and Bill Reid, Deputy Chief of Police, provided Council with an overview of the Safer Communities and Neighbourhoods Act. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that agenda item 11.2 SCAN motion from Councillor Snook be moved forward on the agenda. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Loi sur les voisinages et les communautes plus securitaires Faisant reference a une presentation anterieure, Fred Sanford, directeur de la section des enquetes sur la securite publique, et Bill Reid, chef de police adjoint, presentent au conseil un apergu de la loi sur les voisinages et les communautes plus securitaires. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le point 11.2, Proposition du conseiller Snook sur les voisinages et les communautes plus securitaires, soit avance dans I'ordre du jour. A Tissue du vote, la proposition est adoptee. 11.2 SCAN Motion (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that Saint John Common Council request the Provincial Government of New Brunswick to adopt Safer Communities and Neighbourhoods (SCAN) legislation in order to address public disorder and neighbourhood deterioration caused by problem addresses; and urge other New Brunswick municipalities to do the same. Question being taken, the motion was carried. 11.2 Proposition sur les voisinages et les communautes plus securitaires (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Sullivan RESOLU que le conseil communal de The City of Saint John demande au gouvernement provincial du Nouveau-Brunswick d'adopter une loi sur les voisinages et les communautes plus securitaires » afin d'aborder le desordre public et la degradation des voisinages causes par la fagon dont les problemes sont traites et d'enjoindre les autres municipalites de la province a en faire autant. A Tissue du vote, la proposition est adoptee. 10.2 Proposed Municipal Plan and Zoning By-Law Amendment 410 Highland Road 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of PID Number 00428714, and 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: t) a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of PID Number 00428714. 10.2 Projet de modification du plan municipal et de I'arrete de zonage visant le 410, chemin Highland Une presentation publique est donnee relativement a un projet de modification du plan d'amenagement municipal qui : 1. ferait passer, a I'annexe 2-A et 2-C du plan, la classification d'une parcelle de terrain d'une superficie d'environ 4,3 hectares, situee au 410, chemin Highland et inscrite sous le NID 00428714, de zone residentielle de faible densite a zone d'amenagement commercial approuve; 2. ajouterait la parcelle de terrain suivante a la Iiste de zones d'amenagement commercial approuve a I'alinea 2.4.6.28 : t) une parcelle de terrain d'une superficie d'environ 4,3 hectares, situee au 410, chemin Highland et inscrite en partie sous le N I D 00428714. 11. Submissions by Council Members 11.1 Saint John Harbour Bridge Authority (Councillor Titus) On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the letter from Councillor Titus entitled "Saint John Harbour Bridge" be received for information. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Administration du pont du port de Saint John (conseiller Titus) Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la lettre du conseiller Titus relative au pont du port de Saint John soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 A Pension Benefit - Ensuring Long Term Sustainability On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council direct the City Manager to prepare a draft of a Call for Proposals that would be issued by Common Council in order for Council to obtain the necessary professional expertise to provide advice to Common Council as the most appropriate method by which to ensure the long term sustainability of a pension benefit to municipal employees and that the Call for Proposals be generally based on the contents of the submitted report; and further, that the draft Call for Proposals be placed before Common Council for approval prior to issuance; and finally, that the City Manager be directed to include within the appropriate naratinn Pi irinatc ctaff'c hact actimata of tha invactmant that Will ha rani iirarl i On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that Common Council engage a law firm to develop a draft Call for Proposals which would subsequently be issued directly to Council. Councillor Sullivan stated that he was against the amendment due to time constraints. Councillors Killen, Court, and Mott indicated that they were against the amendment due to cost associated with utilizing a law firm. Councillor Farren indicated that he is against the motion as he believes that a call for proposals from a firm outside of City Hall is the best way for Council to proceed in order to remain transparent. Question being taken on the main motion, the motion was carried with Councillor Farren voting nay. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 A Pension Benefit - Ensuring Long Term Sustainability (prestations de pension - assurance de la durabilite a long terme) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal charge le directeur general de preparer I'ebauche d'un appel de propositions qui sera emis par le conseil communal afin qu'il puisse obtenir 1'expertise necessaire et des conseils sur la methode la plus appropriee a utiliser pour avoir I'assurance de la durabilite a long terme du versement des prestations de pension aux employes municipaux et que I'appel de propositions soit, de fagon generale, fonde sur le contenu du rapport presente; et que I'ebauche de I'appel de propositions soit soumise aux fins d'approbation du conseil communal avant sa diffusion; et que, pour terminer, le directeur general soit charge d'inclure au budget approprie de fonctionnement de 2009 la meilleure estimation du personnel de l'investissement qui sera requis pour mener a bien 1'examen. Le maire suppleant Chase suggere une modification a la proposition. Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que le conseil communal ait recours a un cabinet d'avocats pour faire I'ebauche d'un appel de propositions qui sera ensuite presente directement au conseil. Le conseiller Sullivan indique qu'il s'oppose a la modification en raison de I'echeancier. Les conseillers Killen, Court et Mott indiquent qu'ils s'opposent a la modification en raison du cout associe aux services d'un cabinet d'avocats. A ('issue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Court, Killen, McGuire, Mott, Snook et Sullivan votent contre la proposition. Proposition initiale du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal charge le directeur general de preparer I'ebauche d'un appel de propositions qui sera emis par le conseil communal afin qu'il puisse obtenir 1'expertise necessaire et des conseils sur la methode la plus appropriee a utiliser pour avoir I'assurance de la durabilite a long terme rIi i varcamant rlac nractntinnc rla nancinn ni iv amnlnvac mi inir^inni iv at ni is I'nnnal rla et que, pour terminer, le directeur general soit charge d'inclure aux budgets appropries de fonctionnement de 2009 la meilleure estimation du personnel de l'investissement qui sera requis pour mener a bien 1'examen. Le conseiller Farren indique qu'il s'oppose a la proposition puisqu'il est d'avis qu'un appel de propositions d'un cabinet externe a I'hotel de ville est le meilleur moyen que puisse utiliser le conseil pour demeurer transparent. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 12.2 Terms and Conditions of Employment - A Draft Document On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the report entitled Terms and Conditions of Employment be received for information and that Council direct staff to arrange for a teach-in on the Terms and Conditions of Employment, such teach in to be provided by one or both of the professional firms engaged to provide advice on this subject. Question being taken, the motion was carried. 12.2 Modalites d'emploi - Ebauche Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le rapport concernant les modalites d'emploi soit accepte a titre informatif et que le conseil charge le personnel d'organiser un seminaire sur les modalites d'emploi, lequel sera anime par l'un ou les deux cabinets professionnels embauches pour donner des conseils sur le sujet. A ('issue du vote, la proposition est adoptee. 12.3 Bill 12 - An Act to Amend the Worker's Compensation Act On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that Common Council write to Minister Doherty, with a copy to the Premier, indicating Council's displeasure with the process that was followed with respect to consultation on Bill 12, and to further advise the Minister that The City of Saint John is not in a position to simply drop an additional $330,000 into its operating budget for 2009; and that the Minister take whatever steps available to him to prevent this unanticipated additional cost from being borne by municipalities. Question being taken, the motion was carried. 12.3 Projet de loi 12 - Loi modifiant la Loi sur les accidents du travail et les maladies professionnelles Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le conseil communal fasse parvenir une lettre au ministre Doherty, dont une copie au premier ministre, signalant son mecontentement relativement au processus suivi dans le cadre de la consultation sur le projet de loi 12 et ('informant que The City of Saint John ne peut pas se permettre d'ajouter 330 000 $ a son budget de fonctionnement de 2009. Le conseil communal recommande donc au ministre de prendre les mesures necessaires pour eviter que ce cout additionnel non prevu soit assume par les municipalites. A ('issue du vote, la proposition est adoptee. RESOLVED that the report entitled Heather Way Neighbourhood Traffic Calming Plan be received for information. Question being taken, the motion was carried. 12.4 Plan visant a ralentir la circulation dans le quartier de la voie Heather Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le rapport relatif au plan visant a ralentir la circulation dans le quartier de la voie Heather soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole Report on Pension Plan Disability Statistics On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the Commissioner of Finance prepare a report for Council regarding the City's Pension Plan Disability Statistics and present it in open session in three weeks' time. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Rapport du comite plenier sur les statistiques relatives aux reclamations d'invalidite du regime de retraite Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le commissaire aux finances prepare un rapport a ('intention du conseil sur les statistiques relatives aux reclamations d'invalidite du regime de retraite de la Ville. Le commissaire devra presenter le rapport dans trois semaines pendant une seance publique. A I'issue du vote, la proposition est adoptee. 13.2 Committee of the Whole Report - Appointments to Committees On motion of Councillor Mott Seconded by Councillor McGuire RESOLVED that the appointments to committees be approved as follows: Sandy Bastarache and Carl White be re-appointed and that Councillor McGuire be appointed to Saint John Non-Profit Housing for three-year terms ending October 27, 2011; Bernie Regenboegen be re-appointed and to appoint Dawn Maillet, Steve Downey and Councillor Gerry Maher from the Town of Quispamsis to PRO Kids Committee for two- year terms ending October 27, 2010; Leona Laracy and Hazel Braithwaite be re-appointed to the Heritage Development Board for three-year terms ending October 27, 2011; Mayor Ivan Court and Councillor Snook serve as the City of Saint John's original administrators of the $2,000,000 Endowment Fund committed by Brunswick Pipeline to the Saint John Horticultural Association until the end of their current terms on Council; Councillor Snook and Charles Breen be appointed to the Rockwood Park Advisory Board for one year ending October 27, 2009, and that as recommended by the Saint John Horticultural Association to re-appoint Brenda Farren and John Noddin and to appoint Steve Langille, John Acker, and Greg Burgess for one-year terms ending October 27, 2009; Snook to the Municipal Plan Committee until the end of their terms on Council; "Governance structure" be added to Council- Saint John Water Committee as part of the mandate of this committee in addition to "lobby Provincial and Federal governments" Council establish an Arbor Day Committee to plan for tree planting in schools on Arbor Day, with Councillor Titus as Chair, and appoint the Mayor, Bernie Morrison, Geoff Britt of JD Irving and a representative from the school district; Question being taken, the motion was carried. 13.2 Rapport du comite plenier relativement aux nominations pour sieger aux comites Proposition du conseiller Mott Appuyee par le conseiller McGuire RESOLU que les nominations pour sieger aux comites suivants soient approuvees comme suit : Sandy Bastarache et Carl White soient nommes a nouveau et que le conseiller McGuire soit nomme pour sieger a Saint John Non-Profit Housing pour une periode de trois ans se terminant le 27 octobre 2011. Bernie Regenboegen soit nomme a nouveau et que Dawn Maillet, Steve Downey et le conseiller municipal Gerry Maher de Quispamsis soient nommes pour sieger au comite PRO Kids pour une periode de deux ans se terminant le 27 octobre 2010. Leona Laracy et Hazel Braithwaite soient nommees a nouveau pour sieger au Conseil d'amenagement du patrimoine pour une periode de trois ans se terminant le 27 octobre 2011. Le maire Ivan Court et le conseiller Snook agissent a titre d'administrateurs initiaux de The City of Saint John du fonds de dotation de 2 000 000 $ que 1'entreprise Brunswick Pipeline s'est engagee a remettre a I'Association d'horticulture de Saint John jusqu'a 1'expiration de Ieur mandat actuel au sein du conseil. Le conseiller Snook et Charles Breen soient nommes pour sieger au Conseil consultatif du parc Rockwood pour une periode d'un an se terminant le 27 octobre 2009 et que, comme le recommande I'Association d'horticulture de Saint John, Brenda Farren et John Noddin soient nommes a nouveau et que Steve Langille, John Acker et Greg Burgess soient nommes pour une periode d'un an se terminant le 27 octobre 2009. Susan Atkinson et Tim Curry soient nommes a nouveau pour sieger au Comite sur 1'environnement pour une periode de trois ans se terminant le 27 octobre 2011. Le conseiller Killen soit nomme president et que Ies conseillers Higgins, Mott et Snook soient nommes pour sieger au comite sur le plan d'amenagement jusqu'a 1'expiration de Ieur mandat au sein du conseil. Le Comite compose des membres du conseil et de Saint John Water ajoute Ies points suivants a son mandat : adopter une « structure de gouvernance » et « exercer des pressions sur Ies gouvernements provincial et federal Le conseil forme un comite permanent de La journee de I'arbre charge de planifier dans Ies ecoles la plantation d'arbres dans le cadre de La journee de I'arbre. Le comite serait forme du conseiller Titus, a titre de president, du maire, de Bernie Morrison, de Geoff Britt, representant de JD Irving, et d'un representant du district scolaire. A I'issue du vote, la proposition est adoptee. Councillor Farren withdrew from the meeting citing a conflict of interest 13.3 Committee of the Whole Report - Consent Order Discontinuance and to accept the discontinuance without costs of the action commenced by the plaintiff, Edward Farren, on May 191h, 2005, Cause Number S/C/348/05 in exchange for a Consent for Discontinuance and Release. Question being taken, the motion was carried Councillor Farren re-entered the meeting Le conseiller Farren quitte la seance, invoquant un conflit d'interets. 13.3 Rapport du comite plenier - Ordonnance par consentement pour un desistement et une quittance Proposition du conseiller Mott Appuyee par le conseiller McGuire RESOLU que suivant la seance pleniere du conseil communal de The City of Saint John, le conseil charge I'avocat municipal ou son representant d'accepter un desistement sans frais de I'action intentee par le plaignant, Edward Farren, le 19 mai 2005 en contrepartie du desistement de I'action et de la signature d'une quittance (cause portant le numero S/C/348/05). A Tissue du vote, la proposition est adoptee. Le conseiller Farren se joint de nouveau a la seance. 14. Consideration of Issues Separated from Consent Agenda 14.1 101 Union Street On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the Mayor and Common Clerk be authorized to execute the submitted correspondence with Barry Morrison, Q.C. providing Mr. Bob Pearson until 6:00 p.m. on November 15, 2008 to remove his equipment from the garage at 101 Union Street. Deputy Mayor Chase indicated that he is not in favour of the recommendation due to the cost of $490,000.00 for the property as well as the sale of another piece City property that the Deputy Mayor indicated is worth $200,000, but is being sold for $1.00. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 101, rue Union Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le maire et la greffiere communale soient autorises a signer la correspondance regue de Barry Morrison, c.r. M. Bob Pearson aura alors jusqu'au 15 novembre 2008, 18 h, pour retirer son equipement du garage situe au 101, rue Union. Le maire suppleant Chase indique qu'il s'oppose a la recommandation en raison du coot de la propriete, soit de 490 000 et de la vente au prix de 1 $ d'un autre terrain municipal evalue a 200 000 A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. 15. General Correspondence 15.1 Letter from Karen Kincade regarding Accessibility in Saint John ('ln mn4inn of (ni inrillnr KAr(' ZI iin= Question being taken, the motion was carried. 15. Correspondance generale 15.1 Lettre de Karen Kincade concernant I'accessibilite a Saint John Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que la lettre de Karen Kincade concernant I'accessibilite a Saint John soit transmise au directeur general afin que ce dernier presente un rapport au conseil a cet effet. A Tissue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 10:00 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 22 h. Mayor/maire Common Clerk/greffiere communale (M). - t Saint John. 764 1 , October 31, 2008 Mayor and Council Saint John City Hall 15 Market Square PO Box 1971 Saint John, NB B2L 4L1 Your Worship and. Council: This letter is to request an opportunity to present the Capital Funding Request for the Trade and Convention Centre renovations in an open Council session. If possible, our preferred date to present at an open session would be Monday November 24, 2008. We look forward to hearing from you on whether this date is available to present in the open Council session. Yours Sincerely, Tammy Leblanc General Manager cc: Terry Totten, City Manager and Greg Yeomans, Commissionaire of Finance Hilton Saint John 0 One Market Square Saint John NB 0 E2L 4Z6 0 Tel: 506-693-8484 150 NOV. 04 '08 (TUE) 12:30 F"UNDY REGION SWC 5067381207 PAGE. 1 Fundy Region Solid Wasw ccmrnissiian PQ Sax / CP 3032, Grand Bay Westfield NB rK 4V3 Comrrdmlan ~~to T 506 738-1212 + f 506 738-1207 v , des d6chvts s iraPd~s n, Fundy fiatfine ndyrecycfes.rdm November 4, 2008 Mayor and ,Council City of Saint John PO Box 1971 Saint John NB E2L 4Ll Reference: Debenture Re a! nc bear Mayor and Council, The Fundy Region Solid Waste Commission is seeking debenture refinancing with New Brunswick Municipal, Finance for December 15, 2009 in the amount of $2,887,000. The original debenture was set up so that the amount outstanding after a ten year period would be refinanced for a term not to exceed five years. The Commission is responsible to pay the full debenture outstanding on December 15, 2008, and will receive the refinanced funds from New Brunswick Municipal Finance to cover the new 5 year term. The timing may require that we have bridge financing in place to cover the gap between the withdrawal and then subsequent deposit of refinanced funds. The Commission is in the process of securing bridge financing to cover this amount in the event that the refinanced finds are not issued until after December 15, 2008. Under Section 15.7(l) of the Clean Environment Act we seek the permission of the City of Saint John to utilize this borrowing. Your representative could be asked to vote on the approval of the bridge financing at a special meeting on December 4, 2008. Thank you. The City of Saint John November 7, 2008 Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors: RE: Proposed 2009 Common Council Schedule Attached please find the proposed 2009 Common Council Schedule for your review and approval. Sincerely, Elizabeth Gormley Common Clerk /jbc Attachment f ~e~ _ . SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L4L1 wwwsaintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L4L1 152 LUMP January S, 2009 PUBLIC HEARING January 12, 2009 January 19, 2009 PUBLIC HEARING January 26, 2009 February 2, 2009 PUBLIC HEARING February 9, 2009 February 16, 2009 PUBLIC HEARING February 23, 2009 March 2, 2009 PUBLIC HEARING March 9, 2009 March 16, 2009 PUBLIC HEARING March 23, 2009 March 30, 2009 PUBLIC HEARING April 6, 2009 April 14, 2009 (Tuesday) PUBLIC HEARING April 20, 2009 April 27, 2009 PUBLIC HEARING May 4, 2009 May 11, 2049 PUBLIC HEARING May 19, 2009 (Tuesday) May 25, 2009 PUBLIC HEARING June 1, 2009 June 8, 2009 PUBLIC HEARING June 15, 2009 June 22, 2009 PUBLIC HEARING June 29, 2009 July 6, 2009 PUBLIC HEARING July 13, 2009 July 20, 2009 PUBLIC HEARING July 27, 2009 August 4, 2009 (Tuesday) PUBLIC HEARING August 10, 2009 August 17, 2009 PUBLIC HEARING August 24, 2009 August 31, 2009 PUBLIC HEARING September S, 2009 (Tuesday) September 14, 2009 PUBLIC HEARING September 21, 2009 September 28, 2009 PUBLIC HEARING October 5, 2009 October 13, 2009 (Tuesday) PUBLIC HEARING October 19, 2009 October 26, 2009 PUBLIC HEARING November 2, 2009 November 9, 2009 PUBLIC HEARING November 16, 2009 November 23, 2009 PUBLIC HEARING November 30, 2009 December 7, 2009 PUBLIC HEARING December 14, 2009 - December 21, 2009 PUBLIC HEARING z SAINT JOHN BOARD October 31, 2008 OF POLICE COMMISSIONERS Po Box 1971 Saint John, New Brunswick Canada E2L 4L1 His Worship Mayor Ivan Court And Members of Common Council Bureau Iles Commissaires du Service de Police de Saint John C.P. 1971 Your Worship and Councillors: Saint John 1Vouveau-Brunswick Canada E2L 4L1 Re: Saint John Police Force 2009 Operating Budget DAVID EMERSON Vice Chairl rice President CHARLENE HAVES In accordance with Section 10(4) of the New Brunswick Police Act, the SecretarylS"ecretaire Saint John Board of Police Commissioners, hereby requests an MAYOR 1VAN COURT Commissionerl Commissaire appointment to present Common Council with the 2009 Operating DONALD F. CULLINAN Budget estimates of the Saint John Police Force. CommissionerlC'om»aissaire PETER MC+GUIRE Commissioner/Commissaire Respectfully submitted, C HRISTOPHER w ALDSCHUTZ CommissionerlCommissaire " ALLEN G. BODECHON Chief of PolicelChef de Police SARAH WILSON avid merson Executive Secretaryl Interim Chair Secretaire Administrative IelephonelMe phone: (506) 674-4142 FarlTelecopieur: (506) 648-3304 F,-maillCourriel: policecoinra s rtirrhra.ccr { SAINT JOHN Explore our past/ Explorez noire passe Discover your futurel Decouvrez volre avenir 154 SAINT JOHN PORT AUTHORITY SAINT JOHN ADMINIS" ~UTION PORTUAIRI DR SAINT JOHN October 24, 2008 Mayor Ivan Court & Common Council City of Saint John. P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court:. Please be advised that the Board of Directors of the Saint John Port Authority passed a resolution (R,SO#CPA08.24) at the October 24, 2008 meeting requesting the Common Council of the City of Saint John to appoint Mr. Stephen Campbell, Chairman of the Port Authority as the Saint John Port Authority representative on the Saint John Development Corporation Board (Saint John Waterfront Development Partnership). `Fours sincerely, S,AI TNT O N PORT AUT O R-TY . Encl. Canada. 133 Prince William Street, 5th Floor / 5e etage & Saint John - NB o Canada a E2L 2135 Tel / T& 506.636.4869 e Fax / T61ec: 506.636.4443 a E-mail / Courrieh port@sjport.com 0 www.sjport.com, 155 RESOLUTION OF THE SAINT JOHN FORT AUTHORITY AT THE BOARD MEETING OCTOBER 24, 2008 On a motion duly made, and adopted, it was RESOLVED THAT: The Saint John Part Authority requests Common Council of the City of Saint John appoint Mr. Stephen Campbell, Chair of the of the Saint John Port Authority, as Saint John Port Authority representative on the Saint John Development Corporation Board (Waterfront Development Partnership) Moved: Wendy McGee Seconded: Edward Farren Dated at Saint John, New Brunswick this 20 day of October, 2008 Corporate Secretary CPA Resolution # RSO-CPA08.24 156 SAINT JOHN WATERFRONT DEVELOP November C,, 2008 On(,, Market Square, Suite 301 Saint John, New Brunswick Elf 4Z6 Tel: 506.674 4278 l Fax: 506.649 6068 Email: infbCbsjwaterfronl.com Websile: www.sjwalerfronl.com His Worship Mayor. Ivan Court and Members of Common Council City of Saint. John 8th Floor, City Hall PO Box 1971 Saint John, NB E2L LI Your Worship and. Councillors; Saint John Waterfront Development and the Reversing Fall's Steering Committee would like an opportunity to address Common Council in open session on November 17`l' to present a progress report with respect to the project Development Services - Reversing Falls and Lover River Passage. The presentation by Bill MacMackin, President, Saint John Waterfront Development Partnership and Daniel K Glenn, the lead consultant Glenn Group Ltd., will provide an update outlining the goals and objectives of the project, highlight the opportunities for the site, present illustrative design concepts and other relevant matters being,, undertaken to put Reversing Fall's back on the list of 10 top tourist attractions in the Province of New Brunswick. An interim report sun5marizing the work to date will be submitted Noy=ember 13, 2008 .and a presentation will be made on the evening of the 17". Sincerely, 7T\'fi iIin General Manager Saint John Waterfront Development SAINT JOHN Saint John ENTERPRISE iz,_, Board of Trade SAINT JOHN UPT&WN s a i n t j o h n City of Saint john, 157 His Worship Mayor Ivan Court and Members of Common Council PO Box 1971 Saint. John, NB E,2L 4L1 Your Worship and Councillors: Subject: Maintenance of Harbour Passage The entire City is proud of and has benefited from the development of Harbour Passage. Saint John Waterfront Development (SJWD) and the Harbour Passage Working Group (HPWG) are seeking to ensure that Harbour Passage continues to be a valuable asset to the City of Saint John. To this end we are requesting that Common Council provide sufficient resources in the 2009 Leisure Services Department operating budget that Harbour Passage and its related facilities may be maintained to the same level as the (old Burial Ground, King's Square and King Street for many years to come. Background: The first phase of Harbour Passage was opened in 2003 with the construction of 1 km of the "cranberry trail." Subsequent phases have increased the overall length to nearly 5 km, In 2008 we anticipate the completion of St. Andrew's Park, St. Patrick's Park (Three Sisters) and the Reversing Falls Lookout (at the east end of the Reversing Falls Bridge). The goal over the next several years is to continue the trail to Reversing Falls and the west side area of Saint John, as well as an extension to "Tin Can Beach" in the South End. An Attitude Change: We believe Harbour Passage has been one of the catalysts toward a positive change in attitude in Saint John. Harbour Passage has been a significant Saint John success story, which is well used and enjoyed by both residents and visitors throughout all seasons of the year. Citizens take pride in showing off Harbour Passage. It has become an important asset in improving the image of Saint John. The construction of Harbour Passage was possible because of public, corporate and government support both in-kind and financially. SAINT JOHN SaintJohn r . ENTERPRISE Board of Trade SAINT JOHN -mew ( s a in t j o h n city of satin J01111 158 Several developers have publicly stated that they have embarked on their projects because of Harbour Passage and the value it added to the adjacent properties. Some have directly stated that Harbour Passage was a significant factor in their decisions to develop their property when they did. In addition to the visual improvement of our downtown area, this has led to a conspicuous increase to Saint John's tax base. Communi Acceptance: Harbour Passage has become a part of the community fabric. So much so that on almost any day, one can observe the public enjoying it during all seasons - fair weather or foul. The community has also been using Harbour Passage for many of their regular activities including fund raising events. Among the groups and organizations that have used Harbour Passage during 2007108 for charitable activities are: Aids Walk For Life, Hip Hip Hooray, ALS Foundation, Juvenile Diabetes Research Foundation, Do It For Dad, MD Walk and Roll, Walk For Parkinson's, and Right To Life Walk. Marathon By The Sea also uses Harbour Passage for its event, and following its first year of operation the Greater Saint John Community Foundation has hosted the Harbour Passage Garden Party to kick off spring maintenance. Economic Analysis: In addition to providing recreational opportunities for all age groups, supporting tourism promotion efforts and serving as a venue for fundraising activities, Harbour Passage has helped to leverage an increase in the tax base either through new development or improvements to existing properties. Saint John Waterfront Development has been monitoring the increase in the tax base in the precincts surrounding the waterfront. In just a 2-year period from 2004 to 2006 there has been a marked increase in the tax levees realized. While there are a number of factor's at play, one common variable is the presence of Harbour Passage and waterfront investments. In this 2 year period over 1 million of additional tax dollars have been realized from within the waterfront precincts from increased tax assessments. This increase would not yet include increased taxes from developments completed since 2006 such as the two phases of Bentley Crossing and Robertson Wharf. The tax base of the waterfront areas will be further supplemented by the planned developments by John Rocca on Water Street and expansions at Market Square by the Hardman Group. It is safe to say that any investment made in maintaining Harbour Passage has a direct impact on the real estate development and business activity that surrounds it. We do recognize that Harbour Passage is not the only reason for this increase; however, we contend that its development (and maintenance) is certainly a critical factor in the increase and vibrancy of the uptown area. As outlined in the Inner Harbour Land Use Plan, tax revenues are slated for considerable growth as development of the Inner Harbour continues. In order to help understand the economic picture further, Saint John Waterfront in 2009 will be conducting an independent review of the economic impact of development surrounding the investments in waterfront infrastructure. 159 Lack of Resources for Proper Maintenance: Harbour Passage was built near the end of a decade of declining City budgets, when the Leisure Services Department experienced the greatest reduction in annual funding amongst all City departments. The result of this budget cut was the reduction in normal and routine maintenance in many areas serviced by Leisure Services, all occurring at a time when the total number of facilities had been increasing. The construction of any facility, be it a building, roadway, arena or sportfield requires ongoing maintenance. The SJWD and the HPWG members have received comments from citizens and supporters about the need for on-going maintenance of Harbour Passage. With the growth of Harbour Passage usage we have observed that maintenance has fallen behind the public expectations due to budget constraints. With the construction of Harbour Passage the City has developed a critical mass of parklands and leisure spaces that would be the envy of most communities. In our view the Old Burial Ground, Ding's Square, King Street, St. Andrew's Park, St. Patrick's Park (Three Sisters) and Harbour Passage are interconnected parklands that should all benefit from an on-going and consistent level of maintenance. We request that Common Council, during adoption of the City's 2009 budget and in its long term planning, provide Leisure Services with sufficient resources to maintain Harbour Passage, as we know it today and as it is further developed, to the same standard we have come to enjoy in Ding's Square, Ding Street and the Cold Burial Ground. To repeat we believe it is important that this critical mass of parklands be maintained to the same standard. Overall we estimate that an additional $170,000 (including labour and materials) is required to maintain Harbour Passage to protect this investment and meet the standard expected by the community. We therefore request that Common Council consider increasing the Leisure Services budget in 2009 in the amount of $170,000 specifically to be directed to the maintenance of Harbour Passage. Respectfully submitted, ~,J William Butler, Chair Harbour Passage Working Group M clVlackin President Saint John Waterfront Development Partnership cc Bernie Morrison, Leisure Services 160 N W November 6, 2008 C~ Mayor Ivan Court Members of Common Council z City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Your Worship and Members of Common Council, w r Can behalf of the Board of Directors and the BIA Membership of Uptown c Saint John Inc., we would like to appear before Mayor and Council on Monday, December 8, 2008 to present our 2009 Operating Budget. c Yours truly, U) T. 506,633.9797 F. 506.652. 3525 www.uptowrnsj.c:orn 161 Thir(i FloA)r, 4 i, L 47 Charlotte `street, RO. Bo 61.25, Stdr~6on. , S, 4R6 t'aia,cas (Scar) 634,16 1"'1 ('-)6) 636-8543 T1`9l"Of hnrr (506) 633,4'-6 7 : i ' The I ha.r oll 1) t Cotrracil co--orr&rwtes ari tI ~ ohn, November 6, 2008 Mayor and Council City of Saint John 15 Market Place, C.P. 1971 Saint John, NB E21. 4t.1 Re: Presentation to Council on November 17th National Housing Day Video Mayor and Council, I am writing on behalf of the Greater Saint John Homelessness Steering Committee and various community partners to ask to present to council on Monday, November 17`h. The committee is organizing a series of events during the week of November 17th to celebrate National Housing Day (November 22nd). One of the components of the celebration is we have produced a video depicting Saint John's housing story, with an emphasis on the five priority neighbourhoods and we would like to share this video with Council. Mayor Court will be reading a proclamation on the same evening declaring November 22nd National Housing Day in Saint John, so we thought it would be good to combine the two events. I look forward to hearing from you and can be contacted via any of the methods listed below. All the best, r r' ! Belinda A. Allen, BBA Research Project Coordinator (506) 636-8541 belindaallen@ragers.com 162 VAH OPEN SESSION M&C2008-337 November 6, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT Request for grant in the amount of municipal fees for Residential Hospice project BACKGROUND In September 2008, Hospice Greater Saint John submitted a letter to Common Council requesting that permit fees be donated by the City for their Residential Hospice renovation project (attached). The Residential Hospice project will provide beds for terminally ill patients who are unable to stay at home through the end of life, but do not require hospitalization. The value of the project is approximately $1.6 million, with municipal fees in the order of $13,000. ANALYSIS At the August 4, 2008 meeting of Common Council, a grant program was adopted to provide grants in the amount of municipal fees for registered non-profit organizations for the purpose of providing subsidized or low income housing. The program will be limited in total to $50,000 in a fiscal year, and grants will be restricted to a maximum of $5,000 per development (see attached). While the Hospice project does provide care and residence for people who may otherwise not be able to afford private care outside of the hospital, the project does not fall within the guidelines of the grant program, in that it does not provide subsidized or low income housing. It is for this reason staff are unable to support this request. Having said this, Council may feel that this is a project that it would like to support. As part of the upcoming budget discussions a request from Hospice for assistance with their capital campaign will be considered by Council. 163 M C 2008 - 337 -2- November 6, 2008 RECOMMENDATION Your City Manager recommends that Hospice be advised that their request for grant equal to the value of municipal fees falls outside o the intention o Council's policy for such items. Respectfully submitted, Amy Poffenroth, P.Eng. MBA Deputy missioner Buildi s and Inspection rvices City Manager 164 September 22, 2008 Mayor Ivan Court City of Saint John PO Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Council Members: The renovations project for our community's new Residential Hospice is being awarded to Bird Rideau Construction. Renovations begin in October and should be complete early in the New Year. The architectural plans and additional details are located on the Hospice website at ,u,r q,1,e^„d ~.,~;,a As you know, our Residential Hospice project has the capacity to provide important new infrastructure that can enhance the delivery of health care in our community and support economic development. Please see the attached for a list of benefits to the community. Our planned $1.2M renovations project has grown to $1.6M due to current economic conditions. We have currently raised half that amount ($800,000). As a result, we will need to secure a bank loan to cover the full cost of renovations while we continue to fundraise. On behalf of the Board of Directors and citizens of greater Saint John, I request that the City of Saint John waive (donate) the building permit fees for this innovative and timely proiect for our community. The support of the City of Saint John on this project would be greatly appreciated. You may contact me at 632-5723 or via e-mail at cbhos Yours sincerely, Sandy Johnson, RN Executive Director Hospice Greater Saint John * 385 ufferin Row Saint John, New Brunswick E2 2J9 Tel: (506) 632-5593 -mail: ~~f`a~..(c tatice5~ Website: _h.o~ i S'-CA 165 93- COMMON COUNCILlCONSEIL COMMUNAL , 2008 13.3 Nominations du Comlt6 des candidatures Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que les nominations suivantes soient approuv6es: Commission sur le stationnement de Saint John : La nomination de Lionel Bordage et du conseiller Killen pour remplir un mandat de trots ans se terminant le 18 ao0t 2019. Commission des transports de Saint John : La nomination du maire suppliant Chase et du conseiller Titus pour remplir un mandat de trois ans commengant le 2 septembre 2008 et se terminant le 2 septembre 2011. Saint John Jeux Canada Games Foundation : La nomination de Bill Thompson pour remplir un mandat de trois ans se terminant le 18 ao0t 2011. Comitd de surveillance du centre des congress : La nomination du conseiller Sullivan, de Ralph Holyoke, de Peter Gaulton et de Greg Yeomans pour remplir un mandat de trois ans se terminant le 11 ao0t 2011. Commission des installations r6gionales du Grand Saint John: La nomination du maire Court, du conseiller Sullivan et du conseiller Higgins, A litre de rerrplagant, pour remplir un mandat de trois ans se terminant le 18 aoOt 2011. A ('issue du vote, la proposition est adopt&e. 12.2 Grants for Low Income Housing On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager: 1. Grants in the amount of municipal fees, be granted to registered non proft organizations for the express purpose of providing subsidized or low income housing; and 2. Such grants be restricted to a maximum of $5000. per development; and 3. Grants to be pro-rated in accordance with subsidized housing, market rents not eligible; and 4. Grant program to terminate April 30, 2011; and 5. Grant program be retroactive to May 1, 2008; and 6. Grant program to be limited in total to $50,000. in any given fiscal year; and 7. Legal Department be directed to prepare the necessary agreement in order to protect the City's objectives and interests. Question being taken, the motion was carried 12.2 Subventions pour les logements a toyer mod6r6 Proposition du maire suppl6ant Chase Appuy&e par le conseiller McGuire RESOLU que, comme le recommande le directeur g6n6ral, les rdsolutions suivantes soient adopt6es : 1. que des subventions au montant des droits municipaux soient accorddes aux organismes sans but lucratif enregistr6s dans le but pr6cis d'olfdr des logements 6 toyer mod6nk ou subventionn6s; 2, que chaque am6nagement regolve une subvention dont le montant maximal est de 5 000 166 _m.................... REPORT COMMON COUNCIL Via M & C - 2008-263 September 9, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Development - Crane Mountain Road BACKGROUND: City of Saint John At the September 2, 2008 meeting of Common Council, staff was asked to provide a report addressing the issues raised in a letter from Katrina Carvell and Karyn Thomas respecting a proposed development opposite 130 Crane Mountain Road. Ms. Carvell and Ms. Thomas have been attempting to secure a building permit from the City for the construction of a house opposite an apartment building. Common Council received a letter from the proponents that was received at its meeting on July 16, 2007. This letter was submitted to Council after having engaged in discussions with staff. At that time, staff indicated that a building permit could not be issued for the project and the only recourse was to Common Council pursuant to Section 40 of the Zoning Bylaw. This section of the Bylaw states that: No building may be erected in the City in respect of which, in the opinion of the Council, satisfactory arrangements have not been made for the supply of electric power, -water, sewerage, streets, or other services or facilities. In this situation, the proposed development would only have access to a road that is maintained by the Province of New Brunswick. On August 13, 2007, Common Council directed that the City Manager: ...send a letter to the Provincial Government seeking approval for the homeowner to build on this site, and if granted, the City of Saint John move forward and allow Katrina L. Carvell to build on the property. 167 Report to Common Council Page 2 September 9, 2008 The City Manager sent a letter to the Province and a response was received from Mr. Brian L. McEwing, the Director of the Planning and Land Management Branch, Department of Transportation. A copy of this response was provided to Council for its meeting on September 24, 2007. The response from the Province is consistent with a previous response from the Province on this issue dating back to the year 2000. The Department of Transportation is unequivocal in terms of the impact of the City of Saint John approving this development. The Province indicates that "if the City of Saint John approves additional development in this area the Department of Transportation will transfer administration and control of this road to the city", As staff indicated in its report to Common Council for the September 24, 2007 meeting, "the cost of accepting this road would be considerable and is not supported by Municipal Operations and Engineering." Further, the proposed development is undesirable from a land use planning perspective as it represents additional urban sprawl and introduces significant long term costs for the municipality. Common Council has already denied the request for a building permit to construct a detached dwelling on property located on Crane Mountain Road (PID 00296186 and 55150122) pursuant to Section 40 of the Zoning Bylaw by virtue of the lack of satisfactory road access to the subject property. Staff are aware of no change in conditions with respect to this project or the position of the Province of New Brunswick that results in the need for any reconsideration of this request. RECOMMENDATION: It is recommended that Common Council not reconsider the request from Katrina L. Carvell and Karyn E. Thomas for a building permit to construct a detached dwelling on property located on Crane Mountain Road (PID 00296186 and 55150122) pursuant to Section 40 of the Zoning Bylaw. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 168 M & C - 2008 - 333 November 7, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Ave Lift Station #4 Project- Easement through lands of 507392 N. B. Ltd. BACKGROUND: On September 26, 2006 Common Council accepted fiinding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the fiunding. On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station 44, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has successfi lly reached an agreement with 507392 N.B. Ltd. for the City's easement requirement through PID 55176655, subject to Common Council's approval. A copy of this agreement is attached hereto, together with a copy of the design plan and the proposed Plan of Survey. The negotiated price falls within the resolution adopted by Common Council on April 14, 2008. The market value of the easement requirement was determined to be $34,507.00 by David Babineau A.A.C.L, of deStetcher Appraisals Ltd.. The negotiated price is $43,133.00, being 125% of the appraised value. 169 Report to Common Council November 7, 2008 Page 2 This is the second negotiated easement for this project that has been brought to Common Council for its consideration and approval. Staff is optimistic that negotiations with five of the other affected land owners can be successfully concluded in the next few weeks, and can then be brought forward for Common Council's consideration. Negotiations with all of the other affected land owners continue. RECOMMENDATION: That The City of Saint John accept the offer from 507392 N.B. Ltd. to convey a municipal easement over, across and through a 210+/- sq metre portion of PID 55176655 to The City of Saint John for the sum of $43,133.00; upon the terms and conditions set forth in the Offer to Purchase Municipal Services document, a copy of which is attached hereto. 2. That the Mayor and Common Clerk be authorized to execute all documents required to complete this sale of land. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PNV P 170 OFFER TO PURCHASE MUNICIPAL SERVICES EASEMENT Between: 507392 N.B. Ltd.; and The City of Saint John Re: Municipal Services Easement - portion of PID 55176655 Saint John, NB In consideration for the acquisition of a municipal services easement over, across and through a 210 f square metre portion of PID 55176655, and as illustrated as "Easement/ Servitude" on the Plan of Survey hereto attached and marked Dwg. No. S0713113, The City of Saint John offers as payment and compensation, the sum of $ 43,133.00 (plus HST if applicable). As part of the transaction, The City of Saint John will: ➢ prepare any plan of survey required for conveyance purposes; ➢ where applicable, reinstate the subject property to the same or better condition as existing prior to construction. ➢ reimburse 507392 N. B. Ltd. up to $ 300.00 (HST included) for legal fees to finalize this conveyance. The closing date of this transaction will be within sixty days following The City of Saint John Common Council's approval of this transaction. This offer is subject to Common Council approval and is open for acceptance by 507392 N.B. Ltd until 4:00 P.M. on 31 October, 2008. `l a duly authorized representative of the ownership of PID 55176655 hereby accept the offer contained herein. Date 171 2 535 200 O~` /aS~ I i + 2 535 20D ~ss:.:q`qsigqr=s: as r \ / .Al`~ o?•y`~' g ,~,,.,'e'~ e'•4'. 4~C$ S \g 4 Ae Ye83~ rx.~.ww-o.rter ge a•"' e':';s 4i: ~ opO' '\i p~ g ,o~p /~os°•~ S Fa6f=_ °w 'IbCe / o $`2m ~Z"•. ~I m u a es? S FS \ ° z / \ / ,~GJ P \ Y \ B 5c zc i \ ?S o asoz N °a ~JO N° Sy; n \ ~4 6 % ~n o N ° m 3Am \ aN n 0 m ~ \ 2 535 300\ 2 535 300 "Po C/1- 'po 14, ! I ' m ! ! > Ito \ ~o.Y I e e ! ! ! ! 8 g oo ~ L on'° '•v$S°L vs mL Y6 "2 oL.'L£ C^=s $ = n: 8 x ° .E r°R s Qg ~3 _ 's a a ° o z NN».,H., gm 51 gg ag 8 1 =d3'~ F BIB 5 8: OaU 8 =$Jg3 0' 1: ~ ° 3 m u : a0. 36 5 36 #S y 5n ° ° m C ~mweSN-~6 CV 3 ~g R 8m G` o. m o n_ c 3 m "$Fg ,^E.~a~gR'$s. Fs £a&y 3`a~~~' $3 jo° 89 :1°3' c.-g 9` 86. u eo ~a.°.,o °3~ HK oID $ c3 s°~1 s'8 3'3 gs S t° 3: ' 3m RR~vw~°Cao'O °n 3 3,r6 mA gg~•111•g° sV3v Ie a x° w OpPZIE Xc r H&ffG `e° gP.° y$6' $ ~ E$ ~BG 3@ "s S'.. m o o: .qm~S ~2 8~ Ss 8 .~s~ a 8$ z ~ 3 y: c m. C o a d orb"m.m•Nr. z.°. fill l I° s _ ~y o ~o g 4 3 .g m'w2c •!M`n~.D mmmg~s ~o is§a3. 6 Y Jm & ~o s~ ~ 4u ~ ~►{O N g~ 3~3~~~ m: ig~ a B $ _ q s. 8 o°~ fi b ~ p?~ 3'~ F~•$ i'g s R R a~ u SEE lk ^ (D mFBI. x O 10 N O m U) Z C m N N _1 C 6900 D-0 cn o4 ~w DAN N -4 -L 0) cn rn in cn PPc_n c f cill s FREDERICK STREET I- - - - - - - - - - - - - - 7' d0 O 1 Q 0 p 11 _ ~ ~ ON ~ y r 1SK= w C7 ~ ~ z a c . zm o0 ~ 0 ° i~ _c I j 1 j ul ; o f' ! 1 O REPORT TO COMMON COUNCIL M & C - 2008-335 4 November 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Purchase Pay and Display Parking Machines BACKGROUND: ;a City of Saint John The Saint John Parking Commission (SJPQ does the enforcement and the administration of the on-street parking program on behalf of the City of Saint John and has placed 49 Pay and Display parking machines on various city streets over the past 3-4 years and will continue this practice to replace the older on street parking meters as needed. The Pay and Display parking machines are intended to replace 10 parking meter spaces for time a parking machine is installed and the walking distance to the parking machines are approximately 100 feet. The new machines are solar, take credit cards, coin and tokens. These machines are aesthetically pleasing and have a good security system. ANALYSIS: Common Council is being asked to approve the purchase of 5 Pay and Display parking machines to add two machines on Prince William Street between Grannan Street and Ding Street where we have added more parking spaces on each side of the street, one machine on west end of Prince Edward Street and two machines on the east side of Prince Edward Street. In 2009, we will be requesting that Common Council approve the purchase of 5-6 additional pay and display machines for the new Princess Street revitalization that will run from Charlotte Street to Water Street. 174 Page Two ANALYSIS Cont'd; The present 54 pay and display parking machines were purchased from Precise Parklink Inc. over the past five years and they are being used on both on and off street parking locations. Over time, as the financial factors justify replacing the older parking meters the SJPC will be recommending the replacement of the approximate 150 parking meters that still remain in service with pay and display machines. In addition to purchasing the pay and display parking machines from Precise Parlink Inc. we have a monthly maintenance and communications agreement with the same firm that allows us to carry out our on-going maintenance requirement and process our credit card information. FINANCIAL IMPLICATIONS: The parking machines we had purchased in the past were $14,600 plus HST. The new pay and display parking machines, with the upgraded credit card reader, have a unit cost $16,693 plus applicable tax (after rebates) for a net total of $83,465 for the purchase of 5 units. Funds in the amount of $80,000 were included in the 2008 City Capital Budget to cover the cost to purchase this equipment. RECOMMENDATION: It is recommended that Common Council approve the purchase 5 new pay and display parking machines, c/w credit card readers, from Precise Parklink Inc., at a total cost of $83,465, plus applicable taxes. 175 REPORT TO COMMON COUNCIL M & C - 2008-338 7 November 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender 2008-086601T - Heat Recovery System Stewart Hurley Arena BACKGROUND: } City of sent John Consideration was given to replacing the domestic hot water system at the Stewart Hurley Arena when preparing the 2008 capital budget. Tenders were called for the supply and installation of a heat recovery system for the hot water at the Stewart Hurley Arena which currently provides hot water for 18 showers, 13 sinks, hot water for the ice resurfacing machine and miscellaneous cleaning. The object of this retrofit/upgrade is to provide adequate levels of domestic hot water as well as to reduce the total operating cost of the domestic hot water system. ANALYSIS: Two bids were received and were reviewed by staff of the Building and Technical Services and Materials Management Departments and were found to be complete in every regard. Bid submissions were received from: Electrical & Refrigeration Services $32,394.00 Cimco $29,189.00 176 PAGE TWO FINANCIAL CONSIDERATIONS: The total cost to supply and install a heat recovery system for domestic hot water at the Stewart Hurley Arena, if awarded as recommended to the low bidder, will be $29,189.00 plus tax. This is a planned expenditure and as such fiinds are available in the Capital Budget. RECOMMENDATION: It is recommended that the tender, in the amount of $29,189.00, plus tax, for the supply and installation of a heat recovery system for domestic hot water at the Stewart Hurley Arena be awarded to the low bidder Cimco, of Moncton, NB. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 177 REPORT TO COMMON COUNCIL M & C - 2008-339 7 November 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Access Control and Video Monitoring Systems for Fire Department Facilities BACKGROUND: CiLy Of Su; IL JUJul Proposals were called for the design, supply and installation of an electronic card access control system and digital video monitoring system for Fire Department facilities. The card access control and video systems will provide authorized access to Fire Department facilities using swipe card technology while also monitoring activity at the facility using video monitoring equipment. ANALYSIS: Six proposals were received and scored using established evaluation criteria by staff of the Building and Technical Services, Fire and Materials Management Departments. Proposals were received from: Controls and Equipment Netversity Solutions Quality Sound and Alarm Atlantic Alarm and Sound Chubb Security Systems Edwards Sprinkler Saint John, NB Newmarket, ON Fredericton, NB Dieppe, NB Fredericton, NB Dartmouth, NS The offer from Atlantic Alarm and Sound not only met all the City's requirements but was the lowest priced option of the 6 bids received. It was for these reasons that the committee unanimously scored it as the best proposal based on an overall rating of the standard evaluation criteria i.e.; Submission and Presentation, Personnel and Company Experience, Technical Proposal and Cost. 178 PAGE TWO ANALYSIS.... Cont'd; The access control and video systems offered by Atlantic Alarm & Sound will be installed in the follow eight (8) Fire Department Facilities: Fire Station # 1 - Fire Station # 2 - Fire Station # 4 - Fire Station # 5 - Fire Station # 6 - Fire Station # 7 - Fire Station # 8 - Fire Training Centre - 47 Leinster Street 850 Loch Lomond Road 36 Courtenay Avenue 35 Adelaide Street 290 King Street West 7 Manchester Avenue 600 Millidge Avenue 55 University Avenue FINANCIAL CONSIDERATIONS: The total cost to design, supply and install an electronic card access control system and video monitoring system at Fire Department Facilities, if awarded as recommended will be $52,666.00 plus tax. This is a planned expenditure for which fiinds have been allocated in the Facilities Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by Atlantic Alarm and Sound for the design, supply and installation of an electronic card access control system and video monitoring system at Fire Department Facilities, in the amount of $52,666.00.00 plus tax, be accepted. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 179 M & C - 2008 -334 November 7, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Land - Hotel Courtenay Bay Sale of Freehold Interest in PID's # 00017905, 55045827, and 55097075 (86,770 sq ft BACKGROUND: April 13, 1960, Order in Council P.C. 1960-5031 approved an agreement between the Government of Canada and The City of Saint John providing for contributions to The City of Saint John to assist in the acquisition and clearance of a blighted or substandard area comprising approximately 57 acres in the Prince Edward and St. Patrick Street section of Saint John for redevelopment purposes, now known as the Courtenay Place Urban Renewal scheme. On August 01, 1964, as part of this redevelopment, the City of Saint John, C.M.H.C. and Atlific (N.B.) Ltd. entered into a lease for a parcel of land required to permit the constriction of the Holiday Inn at Haymarket Square, (now known as the Hotel Courtenay Bay). This same type of agreement stricture was used for many other commercial developments in this area and in the North End during the early to mid 1960's. The lease for this property contains the following terms: 1. Term: 99 Years commencing August 01, 1964 and ending July 31, 2063. 2. Rental: a) First 33 years ending July 31, 1997 - $5,225.00 per annum. 180 Report to Common Council November 7, 2008 Page 2 b) For the next 33 year period and for each succeeding 33 year period - annual rental is 5 '/z% of the value of the land. It is understood that ownership of the hotel is now held by 626922 N.B. Ltd., by assignment of lease. By e-mail addressed to staff, dated July 18, 2007, 626922 N.B. Ltd. expressed interest in initiating the process to purchase the freehold interest in said lands. Any agreement to either renegotiate the lease or sell the property also requires the approval of C.M.H.C., and staff have notified C.M.H.C. of the purchase request. C.M.H.C. stated that a sale based on a Discounted Cash Flow Approach to value would be an acceptable method to determine fair market value from their perspective, however it must be completed by a qualified appraiser and all variables (i.e. discount rate, current land value, inflation rate, etc.) must be justified. This approach was then communicated to 626922 N.B. Ltd., and they requested establishment of fair market value by this method. Staff engaged David Babineau A.A.C.I. of deStetcher Appraisals Ltd. to complete an appraisal of PID's 4 00017905, 55045827, and 55097075 (86,770 sq ft via the agreed methodology. The appraisal, dated October 5 2007, established a land value of $365,000.00 as at August 01, 2007. The appraisal was shared with 626922 N.B. Ltd. on May 10, 2008. Negotiations ensued, and recently, staff successfully reached an agreement for 626922 N.B. Ltd. to purchase the land for $365,000.00 (+HST if applicable), subject to Common Council and C.M.H.C. approval. A copy of this agreement is attached hereto. Staff inquired of deStetcher Appraisals on October 31, 2008, whether or not there would be any reason to update the August 01, 2007 appraisal. David Babineau A.A.C.I. stated that any change in value would not be significant enought to warrant the expense of an updated appraisal report. It is to be noted that the Courtenay Place Urban Renewal agreement between The City of Saint John and C.M.H.C. states: "It is agreed that the Municipality and the Corporation will share equally in recoveries from the lands, which recoveries shall include: (a) Amounts recovered from the sale, lease, or other disposition of the lands in a manner consistent with the scheme provided that the time, terms and other conditions of the sale or lease shall be established to the mutual satisfaction of the Municipality and the Corporation..." Staff are requesting Common Council's approval first, as from experience, it is found that C.M.H.C. approvals have been very difficult to achieve. It is felt that 181 Report to Common Council Page 3 November 7, 2008 Common Council's prior approval will facilitate the approval process with C.M.H.C. RECOMMENDATION: That The City of Saint John accept the offer from 626922 N.B. Ltd. to purchase the freehold interest in PIDs 4 00017905, 55045827, and 55097075 (86,770 sq ft for the sum of $365,000.00; upon the terms and conditions set forth in the Offer of Sale document, a copy of which is attached hereto. 2. That the Mayor and Common Cleric be authorized to execute all documents required to complete this sale of land. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PNV P 182 20/20/2008 11:12 1 PLANNING AND DEVELOP PAGE 03/06 Offer of Sate RE: 350 Haymarket S uare PID Numbers 0001790 55097075, 55045827 By and Between The City of Saint Sohn, and Canada Mortgage Housing Corporation (collectively 'Vendor") and 626922 N.B. Ltd. (Purchaser) It is proposed that the Vendor sell it's freehold interest, save and except any municipal services easement/easement for municipal services in favour of The City of Saint John, in a 86,770 square foot t parcel of land, identified as being PID Numbers 00017905, 55097075, and 55045827, located at 350 Haymarket Squar , Saint John, NB to the Purchaser for $365,000,00 (plus HST if,~a►pplicable), No o f I14~e ,ffilfl?l drf The Purchaser submits a a deposit ofy 5'000 .00 with be applied to the purchase price on closing. The deposit ~ is none non-rethis fundable deposit t inl the event: 1) that Vendor does not approve the sale, or 2) there is a valid problem with the interest to be conveyed in the property that the Purchaser is not willing to accept or the Vendor is not able to remedy. This offer is subject to Vendor approval (The City of Saint ]ohn Common Council and Canada Mortgage Housing Corporation and is open for acceptance by 626922 N.B. Ltd. until 400 PM on Wednesday, November 05, 2048 and wij_ ain open for acceptance by The City of Saint John and Canada ~a'rtgage Ho sing Corporation u and until Wednesday, Deco ber i6, I08, or lop a ©x VlAel eV7 ,~10/00a . 00o d AlTra vAl- 0 c/oS%'~~ 0 T, To o:d- x ,,t <o,r~ fx4 40 6EEof sale contained herein and offer the attue (payable to the City of Saint john) as a deposit on the pur e. ature Date 183 SOON3.1 y WoA - 3muwas 30 93OOLLSIH~LWJVO S3O W3"00 n 3Stl3A3tl 33S- aaamom sgmrLLvRj Almon N-i O Op > 0 O > 0 O > O N> r o O O O O O g O O r 2 LO W Q Q Q ~ Q t, Q ~ U w O m Y2 Z U y Q Q 2 00 00 co QZ9 OQOQ W Z m F- _ WZ m Yo~w {LVNZ OQQZ U CA CLa LLW,Z C) O O 0 O c co 'a C cu O L F- ILL Q a LOOLO m O O 1 O O O O a O O l O c 0- m O C ~ C J ca X0 cn - 00 Z 4- -J O m ~t N .>,O . , ca N Ua U) w cN0 wC O _LU Hp w ~OO Lll E- a rm a November 5, 2008 M & C 2008 - 342 lei I His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Winter Material Storage Facility BACKGROUND I'll, Ut; i i-11n, As Council is aware commercial development is occurring along Fairville Boulevard on lands formerly owned by the City that hosted facilities shared by Saint John Transit and Municipal Operations, Works West. Constriction timelines allowed the City to access and utilize the salt/sand storage building at the Fairville Boulevard Works depot last winter but recent site development work has eliminated this as a possibility for the coming season. Staff has been working diligently to secure suitable alternative sites and facilities for Saint John Transit and the Works West depot. An alternate location for Transit was identified and acquired and with the persistence of Real Estate and Properties staff and assistance of the Legal Department, the former CP Express/Smith Transport site at 406 Bay Street was acquired in August for use as a Works facility. This property is zoned "I-2", Heavy Industrial, and an application for conditional use as a Public Works facility was approved by PAC on November 4. A critical concern in acquiring the site has been to replace the West salt/sand storage facility. When the purchase agreement for Bay Street closed, Purchasing staff put out a request for proposals (RFP) for the constriction of a fabric covered storage building on this site. The purpose of this report is to update Council and seek approval for staff to finalize details and enter into an agreement that would result in a new facility. ANALYSIS The former Works facility on Fairville Boulevard is ideally located in the center of the service area with excellent access to major traffic arteries. Moving from this location raised several concerns - efficiency and cost of operations, service level impacts, securing a new site with proper zoning, impact on neighbouring properties, costs of relocation and constriction. A 185 Winter Materials Storage Facility November 5, 2008 Page 2 comprehensive review of all potential sites west of the Saint John River was conducted by staff and it became immediately obvious that viable options are very limited. The City moved very quickly to acquire 406 Bay Street, rated the second most desirable location after the Dexter Constriction Ltd. property on Dever Road, when it came up for sale earlier in 2008. The location is a good one for a public works facility. Staff considered the cost and the time needed to constrict a 150'x 60' wood frame building similar to that which existed on Fairville Boulevard. Alternative building types were also considered. It was concluded that design/build fabric covered strictures are coming into popular use for this type of storage fiinction. NB Department of Transportation is among a growing number of road authorities moving to replace older dome strictures with the fabric covered steel frame alternative, most recently at the Willow Grove site off the St. Martins Road Proposal Staff reviewed the marketplace and other jurisdictions, visited similar strictures locally (eg Crane Mountain Landfill Site, Willow Grove), spoke with their staff, reviewed internal needs and issued an RFP for a 180' x 80', design-build, fabric covered storage building at 406 Bay Street. The RFP closed on October 16, 2008. One bid proposal was received from Castle Rock Constriction Service Inc. to constrict an "Arch Span" tension membrane building supplied by Tarp Rite Inc. of Jacksonville, N.B. (near Woodstock) at a cost of $580,700 + HST. Tarp Rite supplied the Arch Span building recently erected for NBDOT at Willow Grove, and combined with Castle Rock last winter to build the 180' x 80'pet coke storage facility at Coleson Cove. Subsequent to the closure of the RFP, staff of Buildings and Technical Services, Municipal Operations & Engineering, and Materials Management and Fleet, who coordinated the proposal call, met with representatives of Castle Rock Constriction Services and Tarp Rite Inc. to clarify certain aspects of the bid proposal (eg warranty and guarantees, delivery schedules, co ordination with subs and preparation of engineering design drawings and specifications, cost breakdown, building style). Staff had their questions answered and recommend moving forward to create a contract agreement with Castle Rock Constriction Management Services Inc to supply and install a 180' x 80' design-build fabric covered building at 406 Bay Street. The contractor and sub have indicated that the building could be available for usage, depending on the start date and the type of winter, by the end of January. 186 Winter Materials Storage Facility November 5, 2008 Page 3 INPUT FROM OTHER SOURCES In accordance with the City of Saint John's Procurement Policies, the Materials and Fleet Management Division prepared and distributed the formal proposal call documents. As well we received and publicly opened the sole response to the proposal call. While staff has found the only bid received to be complete and competitive we nonetheless undertook to inquire with other potential bidders in order to determine why there was only one response. The answers we received further demonstrate the amount of growth presently underway in this area and the market's inability to address, in a timely fashion, all of the demands being placed on it. Projects of this nature, where time is of the essence suffer as bidders are unable to respond quickly and for that reason opt not to submit bids. FINANCIAL IMPLICATIONS The need to replace the salt and sand storage building, previously located in the Western Works Depot, was identified and as such fiinds are available in the 2008 Capital Budget. The total cost to provide all of the necessary labour, materials and equipment required to supply and constrict an 80 foot by 180 foot fabric covered salt and sand storage stricture will be $580,700.00 plus applicable taxes. There are additional costs that will be borne by the City of Saint John, Municipal Operations and Engineering Department, for site preparation work and the installation of an asphalt pad, as required by the Department of the Environment for the safe storage of materials of this nature. RECOMMENDATION It is recommended that: 1. Council direct staff to proceed to have a contract agreement developed with Castle Rock Constriction Services Inc to build a winter material storage building at 406 Bay Street as per their proposal submission and at a cost of $580,700.00 plus tax, and 2. The Mayor and Common Clerk be authorized to sign all necessary contract documents on behalf of the City. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 187 REPORT TO COMMON COUNCIL M&C-2008-330 October 31, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Ave Lift Station #4 Project- Easement through lands of McAsphalt Industries Limited BACKGROUND: City of Saint John On September 26, 2006 Common Council accepted funding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the funding. On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station #4, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has successfully reached an agreement with McAsphalt Industries Limited for the City's easement requirement through PID 55146146, subject to Common Council's approval. A copy of this agreement is attached hereto, together with a copy of the design plan and the proposed Plan of Survey. The negotiated price falls within the resolution adopted by Common Council on April 14, 2008. Staff is optimistic that negotiations with five of the other affected land owners can be successfully concluded in the next few weeks, and can then be brought forward for Common Council's consideration. 188 Report to Common Council Page 2 October 31, 2008 Negotiations with all of the other affected land owners continue. RECOMMENDATION Whereas on September 26, 2006 Common Council accepted funding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the funding; and Whereas on March 26, 200' Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements, and Whereas on April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station 44, associated force mains and gravity sewers to a maximum of 125 per cent the appraised value, therefore be it resolved: That The City of Saint John accept the offer from McAsphalt Industries Limited, to convey a municipal easement over, across and through a 808+l- sq metre portion of PID 55146146 to The City of Saint John for the sum of $27,247.00; upon the terms and conditions set forth in the Offer to Purchase Municipal Services document, a copy of which is attached hereto. 2. That the Mayor and Common Clerk be authorized to execute all documents required to complete this sale of land. Respectfully submitted, ta"'t, A Ken Forrest, MCIP, RPP Commissioner Planning and Development rwrp City Manager 189 Terrence Totten, F.C.A. OFFER TO PURCHASE MUNICIPAL SERVICES EASEMENT Between: McAsphalt Industries Urnited; and The City of Saint Jahn Re: Munlclpal Services Easement - portion of pID 55146146 Saint John, NO In consideration for the acquisition of a municipal services easement over, across and through a 808 ± square metre portion of PID 55145146, and as illustrated as "Easement/ Servitude" on the plan of Survey hereto attached and marked Dwg. No. S0713lA, The City of Saint John offers as payment and compensation, the sum of S ZZ,247.00 (plus HST if applicable), As part of the transaction, The City of Saint John will., > prepare any plan of survey required for conveyance purposes; ➢ where applicable, reinstate the subject property to the same or better condition as existing prior to construction. > reimburse M'cAsphalt Industries L[mlted up to 3.00M (1'-157 included) for legal fees to finalize this conveyance. The closing. date of this transaction will be within MAY days following The City of Saint John Common COLnell's approval of this transaction. This offer is subject to Common Council approval and is open for acceptance by McAsphalt Industries Limited until 4;00 PX on October, 208. KJW SHA"TIA p.rmng.T MBA VN n+, naeeing and Risk Management it - a duly authorlieci representative of the ownership of PID 55146146 hereby wept the offer contained herein, Signature Date LOOT S3I ISI1QNI 1109SVOK 9M1. H9Lb M 6b:1.1 800 W01. 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C~ a ° °i ~'n-^ 5; 9O `'.~3 W~~~~ $ ~uA~u~i~ - 5~ a ♦nnn Cc: O° ~ - # s d rr° poYS m8 YJ 9`~g~'aa.:.^Y%5`Y 3s r w sa+nd nom: °o s.. inn ~L'~~t y z ° ~ fl Y 6> H _ S P VWI P.A ~ ` / f N 0 6e + 9 4 6 6z ~E a ~ o . o ~ • ~ / 4 :off i 544 O`V ~ 1 1 c`~ ,1,61 M rya o~ e' a~or I ~ / ` If ~ \ 9° ~ ~ a o k. a ~ ~ z e O-.oa Ge~`a0a~~°' 1 I 5 1 f o - `q >v ~ a 4 i e 'Qo ! f I ° r o~a~ ~ ` ~o -%S ..0 o -op ~ OM' V ate i a 11 w: a° '.eye Q .O = S_ > QtOQ~ I ~ ~ ~ i. well / ~ W T ~ ~ I ~ti1 n t, ~ •o~a ~ Cs+~o~. M & C - 2008 -332 November 7, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Agreement of Purchase and Sale - City Land Adjacent 1641 Sandy Point Road BACKGROUND: In 2004, the City of Saint John undertook a project in the Sandy Point/Kennebecasis Drive neighbourhoods which facilitated the installation of water and sewer infrastructure in this previously unserviced area, and also improved local water pressure. It was envisioned that the infrastructure improvements would lead to increased development in this neighborhood. Subsequently, staff identified several parcels of land that could be deemed surplus and sold as serviced building lots. In 2006, the City called for proposals for two such lots opposite Cranberry Hill (off Sandy Point Road) that led to a successfi l sale. This land has been improved with one new residence overlooking the golf course. At the Common Council meeting of September 29 2008, M&C42008-293 identified two other such sites located along Sandy Point Road between the Golf Course and the Cherry Brook Zoo that could be taken to the market by calling for proposals. However, prior to doing so, both of these sites required sensitive discussion with adjacent neighbours to ensure that the concerns these neighbours had expressed could be addressed. It was staff s intention to address these concerns and report back when appropriate. One of these two sites, referenced as Lot 08-5 on attached Plan "A", is adjacent to a single family residence and land owned by Don & Eileen Cusack. The Cusacks had expressed a number of concerns resulting from the 2004 road upgrades and the City's infilling of a gully, installation of storm sewer and laterals for water & sanitary sewer, and rough constriction of a road as predevelopment for the Harrigan Lake area site (lots 08-6 through 08-22 on the attached plan "A"). The Cusacks and the City have met and corresponded on numerous occasions since 193 Report to Common Council Page 2 November 7, 2008 2004 in attempts to resolve these concerns either by the sale of additional land to the Cusacks, or via an exchange of lands between the City and the Cusaclcs. By the attached letter dated June 21, 2004, the City offered three proposals to the Cusaclcs. The Cusaclcs twice confirmed in writing that they were in favour of Option "C" that had been offered (purchasing the land for $6,500.00 + HST); but with subsequent and unsuccessful alternate discussions of possible land exchange scenarios, the file became dormant. The Cusaclcs were recently approached again to see if they were still interested in purchasing any or all of this parcel 08-5 prior to its being advertised for development proposals. The Cusaclcs stated that in 2004 they were ready to accept the Option "C" as offered, and would now be willing to purchase parcel 08-5 on the same terms of that Option "C" from 2004. The parcel is zoned "R-IA" One Family Residential, and it would be consolidated into the adjacent owners' residential property located at 1641 Sandy Point Road (PID 4 00432781). RECOMMENDATION: That The City of Saint John accept the offer from Donald and Eileen Cusack, to purchase the freehold interest in lands designated as parcel 08- 5 for the sum of $6,500.00; upon the terms and conditions set forth in the Offer to Purchase, a copy of which is attached hereto. 2. That the Mayor and Common Clerk be authorized to execute all documents required to complete this sale of land. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development PW/P Terrence Totten, F.C.A. City Manager 194 KEY PLAN \ Rockwood Park Golf Maintenance \ / \ Shed Description of Plan: General Plan - Rockwood Park Golf Course Area N PID: N/A Address: Sandy Point Rd Pan: N/A Date: October 28, 2008 195 Description of Plan: Parcel 08-5 N PID: 55059026 (portion) Address: Adjacent 1641 Sandy Point Rd Pan: N/A Date: October 28, 2008 196 Planning and Development Urbanisme et d6veloppement www.saintjohn.ca June 21, 2004 Ms. Eileen Cusack 1641 Sandy Point Road Saint John, NB E2K 5E8 Dear Ms. Cusack: RE: CITY LAND P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 W qbq~/ :Of -4r. O CZ. s f:~1 O The City of Saint John Further to our meeting of June 11, 2004, I have prepared a few land sale proposals. In the attached proposals I valued the City's land as "rough" developed land (with frontage) and your parcel as "raw" land. Please review the attached and let me know what you prefer. If you are thinking something different, then just jot down your proposal and send it to me. Sincerely, IC- Dan LeBlanc, Real Estate Services Attachment DL:111 197 ler3 .2-1 Ir iD; ;D 3ar3 3ar3 Offer of Purchase and Sale Portion of City Property Adjacent to 1641 Sandy Point Road The City of Saint John shall transfer its fee simple interest, save and except any existing municipal services easement/easement for municipal services in favour of The City of Saint John, in a 1,942 square metre t parcel of land, identified as being a portion of PID Number 55059026 and being parcel 08-5 on the plan attached hereto and marked Appendix 1, to Donald Cusack and Eileen Cusack (Buyer) for the sum of $6,500.00 plus H.S.T. (if applicable). As part of the transaction, The City of Saint John will prepare the plan of subdivision and/or consolidation required for conveyance purposes, at the Buyer's expense (in addition to the purchase price). The Buyer will be responsible for any registration and or administration fees associated with the migration to Land Titles Registry System. Any lot levy (if applicable) is included in the purchase price of $6,500.00. The subject parcel 08-5 will not be approved for use as a separate building lot. It will be consolidated with PID# 00432781 (Buyer's existing land and residence). The Buyer agrees to sign, on closing, a general release of The City of Saint John from all claims or rights to claim for any issues, nuisances, costs, or damages having resulted from any municipal improvements completed prior to the date hereof. The Buyer submits herewith a deposit in the amount of $500.00, payable to The City of Saint John. This deposit is non-refundable, unless The City of Saint John does not proceed with the preparation of the above noted plan. The closing date will be within 30 days of completion of the consolidation of parcel 08-5 into PID # 00432781. This offer is subject to Common Council approval on or before November 17, 2008. Signed at Saint John, NB this 28th day of October, 2008 DONALD CUSACK B er I Vr_., 4'v~~ `e~" EILEEN CUSACK (Buyer) Witness C t Witness 1 i" S APPENDIX I 201 MAUREEN PATTERSON DONALD OR EILEEN CUSACK 1641 SANDY PT. RD. SAINT JOHN, N.B. E2K5E8 1506) 636-9102 PAY TO THE ORDER OF BAYVIEW CREDIT UNION LIMFTED 54 LOCH LOMOND RD. 634-8585 SAINT JOHN, N.B. E2J 1X7 MEMO 11%121" 1:67034on,8491: 3306 loll 30311' 612 DATE 2 0 / 0 D D Y YI Y Y M M D D --~J W Kvyf) ~t✓ 100 DOLLARS A n~°„ry waea. oe~ans o~ oack. 3 0(-3 202 The City of Saent Jahn PROCLAMATION SAINT JOHN WHEREAS: the City of Saint John, the Federation of Canadian Municipalities and other national organizations have shown that homelessness and housing are of chief concern to all cities in Canada, and have called for a National Housing Strategy to be written; and WHEREAS: while improvements have been evident, poverty continues to be an issue of chief concern within the city, and awareness of the relationship between housing and the people living within it is of the utmost importance; and WHEREAS: the City of Saint John has identified its five priority neighborhoods, and these neighborhoods have been the target of new and improved social support initiatives; and WHEREAS: the Greater Saint John Homelessness Steering Committee and community partners are planning a week of events to generate public awareness surrounding housing and homelessness in the City of Saint John, NOW THEREFORE: I, Mayor- Ivan Court, of Saint John do hereby proclaim Saturday, November 22, 2003 as National Housing Day in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayer of the City of Saint John. RO. Box 1971 Sant John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint Joy if , _ a E2L 40 203 r; o The City of Saint John PROCLAMATION WHEREAS: the family is the foundation of a safe and healthy community, and it is the goal for our community to be safe; and WHEREAS: there are many people in the Greater Saint John area who experience the impact of domestic violence; and WHEREAS: the impact may be carried on from generation to generation; and WHEREAS: the issue of domestic violence affects all members of our community, crossing all racial, social,. religious, ethnic, geographic and economic groups; and WHEREAS: all community members have a role to play in preventing domestic violence; NOW THEREFORE: 1, Mayor Ivan Court, of Saint John do hereby proclaim the month of November 2008 as "Domestic Violence Awareness Month" 1 call upon the members of our community to speak out against domestic violence. I call upon you to make a difference by creating a culture of support for those impacted by domestic violence. And 1 call upon you to encourage all members of the Greater Saint John community to help make our province violence free in 2008 and beyond. You can end the silence and stop the violence. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintgohn.ca N C.P 1971 Saint John, N.-B. 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I Ell ,It ch N I 05 1 ILI) CD i I I ° i I i I ® _ I i _ I i I I I LO Cl) N ® d I ~ I ~ I s I 1 V4 1 I A Ask I I _ I I ~ _ I I I I I I 1 4 I I I I ~ I I I I I a ~ I - I i I I I I ` ® I I I I I I I 1 I a - I i I I I I I I I I ~ I I ® I I CV f I I I I I I I I ' I I I I I d I 1 0 I T4 I I I I I 1 I I I I ' I ® I I I \ I I I I I d I I I I I I I I I I I B \ I I I `I ti Ch N 1 November 5, 2008 Your Worship and Councillors: SUBJECT: Section 39 Amendment - 430 Prince Street On October 14, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its November 4, 2008 meeting. Mr. Dean Noack appeared on behalf of River Gate Properties Inc. to speak in support of the application. No one appeared to speak in opposition to the application and no letters were received by the Committee. After considering the attached report and presentation of the applicant, the Committee made the recommendation as set out below. The Committee also granted a variance to allow a rear yard of approximately 4.6 metres for each of the proposed townhouse units. RECOMMENDATION: That Common Council amend the Section 39 conditions at 430 Prince Street (West), for the parcel labelled "Block A" on the attached preliminary subdivision plan only, to allow constriction of a three-storey, five unit townhouse, subject to the following conditions: a) All utilities, including power and telephone, must be provided underground by the developer; b) The front yard setback of the property shall be 6 metres; c) There shall be no more than three driveways opening on to Prince Street; the units of part lots I and 2, and part lots 3 and 4 shall share driveways centred on the property lines; d) The site shall not be developed except in accordance with a detailed site plan and detailed building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location, design and exterior finish of all buildings, the location and treatment of driveways, landscaped areas and other site features, and the 238 Planning Advisory Committee November 7, 2008 Page 2 approved site plan and building elevation plans must be attached to any application for building permit for the development; e) All site improvements as shown on the approved site plan and drainage plans must be completed within one year of building permit approval; and f) Further, the land and any building or stricture thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-460 239 Section 39 Amendment 430 Prince Street West Page 8 November 4, 2008 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT V ~ 4 r+ ~ t o. ~ . .,wPbYa`++q, . . i • G ~ C~ 'fie ..Pey;r•:.u... B lap, 4 Y R p Subject Sitelsite en question: PI©(s)MIP(s): 55168249 & 55168256 Location: 430 Prince Street Date: October 16+ 2008 Scalel6chelle: Not to scale/Pas A l'echelle Figure 1. 43U Prince Street (West) location. 240 Section 39 Amendment Page 9 430 Prince Street West November 4, 2008 I1 11 Ulf J I IMMMF-MIw golf v a x '~J 1 t a ~ t ! RI b~c ~ a g XIM l, t r z~ Q ff ~a s DI r►gure L. 4su rrmce street (West) site plan. 241 Section 39 Amendment Page 10 430 Prince Street West November 4, 2008 pi Gelling Line peer Moor Line Ling Line f[III a t . L In Floor Line. 4 am _ V/ r \Clellirig Line LI I, D', r OF & 11;i 3 merd Floor -i l l io' 4.6. to Min. 4` Be1o~,%d i Garage Floor a•F,.t wall _Fr;rgUns-~_ --41F^wan D E T A I L IF 0 LEV A ON rig UIC J. rIUIIL cievauun UL Lne proposea townnouses at 4JU Yrmce Street (West). 242 Section 39 Amendment 430 Prince Street West Page 11 November 4, 2008 BerAX,, 4!SA.*82'X47 1 I i D I i GRe RWM E R & 84 x R.S.O. 36" x64° El` 8'3"--- Covered Deck 8mm-4-2xta 4 8 X8 Pasts MAIN FLOOR PLAN LMM Aria = 6&4 5q Ft4 s. a 34"X84' R.9.0.987x l DWI ~ ~ [ 3 7 f o z I y o e x o r. j - f_TF N T Fl00,4 I `I/ R.S.Q.=38"X84 Rt8.0 8t-x Covemd C3 GIr 8esm -1- Z x 17 6" x G Pages a ir~u• c iviam uvvi pau J11V W111g ual:K UC(:KS. 243 Section 39 Amendment Page 12 430 Prince Street West Novemher 4. 2nnR 244 . su. ~ Y-)V F I IIIGG JUGGL k W CSL) iooxmg west towaras Lancaster Avenue and Olsen's Market. A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 951- 961 Fairville Boulevard, having an area of approximately 3 hectares, also identified as PID Nos. 00396754, 55012371, 00286195 and a portion of PID No. 55107494. from "14" Heavy Industrial Park to "SC-2" Shopping Centre pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: Mayor/afire SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une r6union du conseil communal, The City of Saint John a decr6te cc qui suit : L'arret6 sur le zonage de The City of Saint John, d6cr6t6 le dix-neuf (19) d6cembre 2005, est modifed par : 1 La modification de I'annexe «A», Plan de zonage de The City of Saint John, pennettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 3 hectares, situ6e au 951- 961, boulevard Fairville, et identifiee sous les NIDs 00396754, 55012371, 00286195 et tin partie du NID 55107494, zone de parc d' industrie lourde « 1-4 » a zone de centre commercial « SC-2 » conform6ment a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme - touter les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUO1, The City of Saint John a fait apposer son sceau communal stir le present arrete le 2008, avec les signatures suivantes : a) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; b) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan. prepared by the developer and subject to the approval of the Chief City Engineer or his designate; c) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; d) The developer must provide an engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate, e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, including a minimum of 6 metres (20 feet) inside the front property line abutting Fairville Boulevard, and the required landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; 0 Direct street access to the site is limited to a maximum of one driveway on Fairville Boulevard and two on Plaza Avenue, as generally indicated on the submitted proposal, the exact location and design of which are subject to the approval of the Chief City Engineer or his designate, and which shall include any necessary modifications to the Co-op entrance on the opposite side of Fairville Boulevard; g) The developer must provide a landscaped pedestrian walkway, through the parking lot, from the proposed buildings to the adjacent Sobeys site at 917 Fairville Boulevard. The walkway should include a minimum 1.5 metre concrete sidewalk and a minimum of 1.5 metres of landscaping on either side of the walkway, resulting in an overall minimum width of 4.5 metres; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas (including location and types of planting materials) and other site features; i) The approved plans mentioned in conditions (b) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and/or foundation only; j) All site improvements shown on the approved site plan, landscaping plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. FROM / DE I Heavy industrial Park 1 Zone de parc d'indus ' lourde . 1 2 j Shopping r Zone de ntre commercial Pursuant to a Resolution under Secfion 39 of the Community Planning Act Conform ment A une resolution adopt6e par le con it municipal en vertu de I'artia 39 de is Loi sur Furbanl e Applicant: Plazacorp Property Holdings Ltd. Location: 951-961 boulevard Fairville Boulevard Recommended by P.A.C.Iconsiddri~ par le C.C.U.: October 21 octobre, 2008 Enacted by CounaVAaorouVL& r le Conseil: Amending Schedule W of the Zoning By-Law of The City of Saint John Modifiant Annexe «A)r de I'Arrft de zonage de The City of Saint John BY-LAW NUMBER C.P. 110-87 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 324 Duke Street West, having an area of approximately 490 square metres, also identified as PID No. 00388850, from "RM-1" Three Storey Multiple Residential to "B-I" Local Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: Mayor/aire First Reading - Second Reading - Third Reading ARRETE No C.P. 110-87 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a decrete ce qui suit: Uarrete stir le nonage de The City of Saint John, decrdte le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de I'annexe <(A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 490 metres carres, situee au 324, rue Duke ouest, et identifee sous le NID 00388850, de zone d'edifices a logements multiples de trois etages «RM- 1» a zone commerciale locale « B-I conformdment A une resolution adopted par le conseil municipal en vertu de Particle 39 de la Loi stir Purbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUO[, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2008, avec les signatures suivantes : Section 39 Conditions - 324 Duke Street West a. The use of the site is limited to a business office within the existing dwelling ; and b. A City approved water meter is installed Recommended by P.A.C.Iconsiddreh par le C.C.U.: October 21 octobre, 2008 Enacted 6v Ca"n6VAnwn"vA ear IQ Conseil- BY-LAW NUMBER C.P. 110-89 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 106 Spar Cove Road, having an area of approximately 920 square meters, also identified as PID number 00040998, from "RM-1" Three Storey Multiple Residential to "B-2" General Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: ARRETE N° C.P. 110-89 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrdtd sur le nonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modffi6 par : 1 La modification de I'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 920 metres carres, situee au 106, chemin Spar Cove, et identifiee sous le NID 00040998, zone d'edifices a logements multiples de trois stages «RM- 1» a zone commerciale gdndrale <c B-2 >7 conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de ]a Loi sur I'urbanisme. - toutes les modifications sont indiquees stir le plan ci joint et Font pantie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2008, avec les signatures suivantes ayorf aire Common ler reffiere comma ale First Reading - October 27, 2008 Premiere lecture - le 27 octobre 2008 Second Reading - October 27, 2008 exie lecture - le 27 octobre 2008 Third Reading - roisiei e lecture - Section 39 Conditions 106 Spar Cove Road a, The use of the site be limited to a business office for a structural engineering firm and dwelling unit within the existing building; b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, vehicle manoeuvering areas, driveways, signs, landscaping and other site features; c. Development of the site be in accordance with a detailed drainage plan, including any necessary catch basins, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d. A City approved water meter be installed for commercial use; e. The proposed driveway entrance shall only be used for the business and should not be interconnected with the existing residential driveway; f. The developer must pave all parking areas, vehicle manoeuvering areas and driveways with asphalt and enclose them with cast-in-place concrete curbs; g. All parking areas must be screened from adjacent residential properties by a board-on-board privacy fence with a minimum height of 1.8 metres to the satisfaction of the Development Officer; h. Signage must be in accordance with the requirements of the Zoning By-law and be subject to the approval of the Development Officer; i. No mobile signs be permitted on site; j. Approved site plans be attached to any building permit application for the development, and k. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and elevation plans be completed within one (1) year from the issuance of a building permit for the development. Recommended by PA.C./consid&6 r le C.C.U.: October 21 octobre, 2008 Cw.ss.►,sd M• f°ra~~nwill~wwwme nrb nnr I® f°aancnil• Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Hughes Surveys & Consultants Inc. on behalf of Saint John Parking Commission Mailing Address of applicant / Addresse postale du demandeur C/O Hughes Surveys & Consultants Inc. 575 Crown Street, Saint John, NB Postal Code 1 Code postal E21, 5L9 Telephone Number / Numero de telephone Home / Domicile Fax Number / Numero de telecopieur Work / Travail 634-1717 Name of Property Owner (if different) f Nom du proprietaire (si different) . Portion of area being rezoned is owned by the Anglican Church of Canada. Address I Adresse 87 Carleton Street, Saint John, NB Postal Code / Code postal: E2L 2Z2 Property Information / Renseignements sur la propriete Location/Emplacement Carleton and Sewell Streets PID #'s 38455137697/39933/55033773/39735155190151155 190177 and a portion or37689 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot see attached plan Street Frontage 1 Fagade sur rue see attached plan Existing Use of Property / Utilisation actuelle de la propriete Vacant Land and Parking Lot Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal Schedule 6A of the Future Land Use Man in the Uptown Plan designates the area as Low Intensity Mix Present Zoning I Zonage actuel B-2 Amendments Requested / Modifications demandees Municipal Plan 1 Plan municipal X Change Land Use Designation to / Modifier la designation de l'utilisation des terres a High Intensity Mix and/or 1 ou -A Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoning By-law/ Arrete sur le Zonage X Change Zoning to / Modification du zonage a B-3 with appropriate conditions and/or / ou "A Text Amendment (indicate particulars on attachment) 1 Modification due texte (indiquez les details en annexe) 254 Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition The Saint John Parkina Commission is assembling land for future parking initiatives in the area of Sewell Street and Carleton Street in connection with the Peel Plaza Project (formerly referred to as North of Union). Through considerable consultation and studies the orooosed site has been selected for the construction of an 8-storey _parking structure that would accommodate between 500 and 60 vehicles. The structure will be desi gd to accommodate between 2 to 8 stories of development s Race above the structure for residential/commercial use or a mix. The rosed site is s 1 sloped from Sewell Street to Carleton Street therefore it is ideal for a multi-sto structure. The 2 to 8 stories of potential future residential/commercial development would be com ble to the hi intensity mixes of development ro sed within the Pee Plaza Project and uptown area There is a municipal services easement extending through the property. which contains existing municipal services. A_ provision for the relocation or modification of the system will be required and is proposed to be undertaken prior to site development. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundmy and buildings are shown Vous devez fournir un plan du site a 1'dchelle illusrrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de batiment, des dessins de plan d'ildvation et toute autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propridtd, 1'emplacement de la totalitd des batiments, des allies, des aires de stationnement, des amdnagements paysagers et des panneaux de signalisation. It est important d'indiquer la distance entre les limites de la propridtd et les b4timents. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles Ies modifications devraient titre approuvdes. If a narking structure is eventually constructed. this will provide a positive benefit to the uptown and surrounding area. A need for additional parking in the Uptown area was identified in Strategic Parking Study #2. Approval of a provision for additional residentiallcommercial is requested to accommodate firture anticipated growth within the uptown and surrounding area. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait ftre utile. approval will be requested. Richard Turner for Hughes Surveys 8t Consultants Inc. on behalf of Saint John Parking Commission Date 1 z,,j oy, $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ Uvner's Authorization to allowthe Saint John Parking Commission and there consultants to make application : Signature of Owner (if applicable) Signature du propriftaire (s'il y a lieu) G egrq ~ for the Anglican Church of Canada Date 0t ~u ~ , 1 'S , '2, 0 o 0 255 The Peel Plaza Project former referred to as North of Union has one throu considerable ublic consultation. Throu the consultation process many concerns raised b interest s and/or residents were taken into consideration. At this time detailed desi of the parking structure and/or residential/commercial develo ment have not been corn leted. A rovals are resRgqMfljy uested as a first sft on the condition that no development of the site gko lace until a statuto amendment is ved dealing with architecftmal desiens and other issues uired b Common Council. If the Municipal Plan Amendment and Conditional Rezoning herein proposed are acceptable to Common Council. additional, HUGHES HUGHES SURVEYS & CONSULTANTS INC. NB LAND SURVEYORS, CONSULTING ENGINEERS October 15, 2008 Our File Y6-592-R Mr. Ken Forrest Planning & Development City of Saint John 101h Floor, City Hall Saint John, NB Re: Municipal Plan Amendment and Rezoning Application for Saint John Parking Commission, Carleton Street & Sewell Street Dear Ken: Enclosed please find a copy of our application for Municipal Plan Amendment and Rezoning with respect to the above being submitted on behalf of our client, the Saint John Parking Commission. An authorization to apply from the Anglican Church of Canada is included in the application. As outlined in a staff report to the Planning Advisory Committee dated Jan. 11, 2008 this area is being assembled for future parking initiatives to be undertaken by the Saint John Parking Commission. We have recently requested variances with respect to the Parking Commission and Anglican Church properties. The variances have been requested to facilitate the transfer of a portion of the Anglican Church of Canada property to the Saint John Parking Commission. If there is any additional information required for processing this application, please do not hesitate to contact the undersigned or Richard Smith at the Saint John Parking Commission. If you would kindly see that we are both copied on any correspondence it would be appreciated. Yours truly, H S VEY & CONSULTANTS INC. Richard Turner RET/mr Enclosures C.C. Richard Smith, Saint John Parking Commission George Mac Knight, St. John Stone Church 575 CROWN STREET, SAINT JOHN, NB E2L 5139 (506) 634-1717 FAX (506) 634-0759 256 y7~!'§°~~tgfyXSB~ls'~~• I~..~.f~ ~ ~1 Vd_ - or it -RIP aka-~ ! #IF t as rt.~-~ ~!°s o d %wr 1 S%. % 0 f 2 AXE Leo ~ a r oat -wra ppa~+~~ri T T J y g~ 8 g 6 a g Art F p ar!- s ta- u $ F~Y S a ~IM~IN.a~IrVV 257 %F -K-. 11 ~:wn Ily ~m.°a~~, ,s ,~:.m4,:nuuurm~n~m mmau°mu2 ~u°m. ~ 7. - - iY~;" d~ 1'~~Ti m'~, llC;lu Ken Forrest, MCIP, RPP Commissioner Planning & Development P.O. Box 1971 Saint John, NB. E2L 4L1 File: Y5J90A October 6, 2008 Re: Saint John Law Courts Attention: Ken Forrest, MCIO, RPP Ken; On behalf of the Minister of Supply and Services for the Province of New Brunswick, I Scott Gibson, am authorized to act on behalf of the Crown and hereby provide the Provinces consent to an application to the City of Saint John to rezone PID No. 55178792 from B2 to B3 and also seek the necessary amendment to the Municipal Plan. Sincerely yours, ~mm~...n~ ..£........mm............:~;~:m.-:~-:::~~ ..m mm. M:... ..mm N. . mm... ~ .,~.m ~..r_. Scott Gibson, P. Eng. Executive Director Special Projects Group cc: C. Dionne S. Leblanc Depl. of Supply & Services PO Box 5001 Woodstock, N.B E7M 5C6 , . ~,.~r 1. mt '~~.m i ro ,o ~ 258 Ph: 506-325-4520 Fax: 506-444-4400 scolt.ison n.ca. M C - 2008 - 3 02 October 6, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Consent for an Application to Rezone City-Owned Property Peel Plaza ANALYSIS: The City of Saint John, the Province of New Brunswick, and the Saint John Parking Commission intend to apply for a municipal plan amendment and the rezoning of property to accommodate the new Justice Complex and a future parking structure. The City's Zoning Bylaw requires that applications for rezoning be signed by the owner of the property. The land that will host the new police headquarters is already appropriately zoned. it should also be noted that conditional use and minor variance applications for the specific developments may still be required and would be considered by the Planning Advisory Committee. C I: It is recommended that Common Council authorize the Common Clerk to sign an application to: 1. Amend the Municipal Plan by redesignating PIs 40014, 39875, 37747, 55108062, 37481, 37739, 37762, 37507, 37499, 37515, 55088900, 55094908 and 55084420 as shown on Schedule 6A - Future Land Use of the Uptown Strategy from Low Intensity Mix to High Intensity Mix; and 2. Rezone PIDs 40014, 39875, 37747, 55108062, 37481, 37739, 37762, 37507, 37499, 37515, 55088900, 55094908 and 55084420 from B2 General Commercial to B3 Central Commercial. Respectfully submitted, Terrence Totten, F,C.A. City Manager 18 259 PROPOSED MUNICIPAL PLAN AMENDMENT RE: PEEL PLAZA Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 6A of the Uptown Strategy, from Low Intensity Mir to High Intensity Mix, an area of approximately 51,000 square metres, identified as PID Numbers 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762. 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918. and a portion of 00037689 as illustrated below: [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, November 10, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a comprehensive redevelopment including a justice facility, a police headquarters and a multi-storey parking structure. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 10, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall. 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive. holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : PEEL PLAZA Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a i'intention d'etudier ]a modification du plan d'amenagement municipal comme suit: 1. ]a reclassification, a I'annexe 6A du Strategie visant le secteur Uptown d'une superficie d'environ 51000 metres carrees, identifiee sous les NIDs 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, et une partie du 00037689, de Melange a faible intensiti a Melange a forte i►ttensiti, comme le montre la carte ci-dessous : [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 10 novembre 2008 dans la salle du conseil, au niveau du hall d'entree, a I'h6tel de ville. RAISON DE LA MODIFICATION : Permettre un reamenagement complet, avec entre autres un palais de justice, un quartier general de ]a police ainsi qu'un parc de stationnement a plusieurs etages. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 10 deeembre 2008 a I'attention du soussigne. Pour toute demande de renseignements, veuilIez communiquer avec le bureau du greffier communal ou le bureau de I'urbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Elizabeth Gormiey, Greffiere communale 658-2862 260 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206 Contact: Elizabeth Gormle Phone: (506) 658-2862 Fax: 506 674-4214 Special Instructions (if any): Reference: Peel Plaza, MPA - Public Presentation - November 10, 2008 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement " SJTJ Classifieds Date(s): Date(s): Thursday, October 30, 2008 Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub-Headline (if applicable): Teat: INSERT ATTACHED Cali to Action: Elizabeth Gormley, Common C1erlc/Greffere communal Contact: Telephone: (506) 658-2862 261 262 d Application for a Zoning By-law Amendment S, mx tnit _ipc. peon Demande de modification a 1'arrke' sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur 2_0 Postal Code / Code postal Fa (F I Y9 Telephone Number / Numeeo de telephone 5 &i-l, r u's i,% Home / Domicile Work / Travail (OVI I 11-1 (c4: - 054 (cell). Fax Number / Numero de tetecopieur kp5: - 322>o3 Name of Property Owner (if different) / Nom du proprietaire (si different) Address / Adresse I`lr1G Postal Code / Code postal Property Information / Renseignements sur la propriete Location / Emplacement kA- Civic # / No de voirie / Rue )b32220c PID / NIP Lot Area / Superficic du lot t_t Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuetle de la propriete 0A WLk " k Pp Municipal Plan Land Use Designation _ y Designation de utilization des terres sur le plan municipal Low ' ens1 Re` i e~ ~ A roved Amendment Requested / Modification demand6e Present Zoning / Zonage actuel l rf ` ~ Change Zoning to / Modification du zonage a 62. F- CJ mW'' and/or / ou Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 263 09/29/2008 20:53 FAX 506 658 5811 PRUDENTIAL SUMIT REAL E Development Proposal / Proposition dlam6uagement You must provide a scaled site plan that illustrates your proposal: You may also provide photographs, buildngg plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. 1A006 Vous devez fournir un plan du site ii t'echelle illustrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de bfitiment, des dessins de plan d'dtevatian et toute autre forme de renseignement. Le plait doit indigaer Les dimensions de la propridte, Z'ernplacerment de la totalize des batimants, des atlees, des wires de stationnement, des amdnagements paysagers et des panneaux de signalisation. IZ est important d'indiquer la distance entre Les limiter de la proprWM et les batiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseigneaaent concernant votre proposition qui pourrait titre approuv6es. Provide any other information about your proposal that would be helpful. / laournir taut autre renseif nement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur 4 i bate $400 Application Fee Enclosed / Ci joint ies frail de deman e de 400 $ If you are not the owner of the land in question Si vous n `etes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuiltez outenir la signature du propridtaire duns la partie the owner is authorizing this application to proceed ci-dessous. La signature du proprietaire autorisant le for consideration by Common Council, traitement de la prdsente demande pour clue cette derniere .snit vrnminxP nnr la rnnwil rnmmrannl Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) 264 900/50010 407a4sTQ uaa49va V3410 t"IL8 OZtr S06 XKd LS a6 ans BDOZ/0£/60 Description of Proposal / Description de la proposition Zoning Proposal for 14 McLaughlin Crescent by Kendra Jones Reasons why these amendments should be approved: I. We offer a health service to the community that is professional, quiet and neighborly. 2. As a result of changing from a church to a wellness center, the traffic may increase slightly during the day, but overall would have a smaller impact by being more consistent without the intensity of major events. 3. Our hours of operation are within the scope of regular waking hours of a residential community from Monday to Friday reducing traffic during residential leisure time. 4. The property will blend in with the community as we will beautify the grounds with. landscaping, and finish the building to fit in with neighborhood dwellings. Other information about the proposal that would be helpful: There would be, on average, 45 people per day visiting the center for treatment spread out over regular waking hours, with a maximum of 18 persons at any one time including staff. Our hours of operation are: Monday gam - 7pm Tuesday Sam - 5 pm Wednesday gam - 7pm Thursday S am 7pm Friday q am - 4pm There will be considerable improvements made to the outside of the building as well as making the property more compatible with the existing residential community. There will be great care taken in ensuring the neighborhood is not negatively affected by our operation. Fencing, shrubbery and other ways of minimizing impact will be included in our plans for the property line next to our neighbors, keeping their interests in mind. The parking lot will be paved and lined with 20 available spaces to more than accommodate the maximum number of vehicles at full capacity. For security and safety of the parking area, there will be lighting requirements, however, this will be muted and on timers to ensure the residential community will not be negatively affected by this necessity. There would be a wheel chair ramp for full accessibility to the building and the appropriate number of handicapped parking spaces. 265 2...Jones Proposal 14 McLaughlin Crescent Drawing: The current property owner does not have a survey of the site for reference. Therefore, I have taken measurements of the property from the curb (where present on Barbara and McLaughlin Crescents) to the building, as well as the best estimate of property lines from the site map given to me by my realtor. From these measurements, I have made a drawing to scale, and have located the building in relation to these points, and estimated appropriate spacing for parking. As I am not a professional in this area, nor have the exact points of reference, I understand there may be alterations based on actual surveyed measurements. Signage: We would want to have a sign directly on the building that could be lit for the evening hours of operation when the days are shorter. We would like to have a sign with lettering large enough to be seen from the road to avoid confusion for drivers as they approach the building. This would most likely need to be about 8 feet long and b feet high mounted on the side of the building to the left of the entrance (see drawing and photo). We also would like to have one smaller sign at the corner of our property near Barbara Crescent and McLaughlin Crescent (refer to drawing for site) that would be off the ground approximately three feet, and would be about three feet wide indicating the name of the building with an arrow present 266 f J l S?, ~r~ i !f , %Msw.l~V~ .~YC*$YYi. d`"`ht4'e~43,iY?457. Y 1 A 268 A L~ E { r J ~ M v~ si t 1 l . f { Wet a I, 'Tit y r y~ . - x. 00 f ~ I k~ • ~ ~ s 7 r to A ~~,r, I r - I f d 7 t 269 i PROPOSED MUNICIPAL PLAN AMENDMENT RE: 14 MCLAUGHLIN CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as P1D No. 00322214. 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "u) a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID No. 00322214.- A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, November 10, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a physiotherapy clinic and other professional services within the existing building. 'W'ritten objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 10, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.rn. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 14, CROISSANT MCLAUGHLIN Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l'intention d'etudier la modification du plan d'amenagement municipal comme suit: 1. la reclassification, a 1'annexe 2-A et 2-C du plan dune parcelle de terrain dune superficie d'environ 1470 metres carrecs, situee au 14, croissant McLaughlin, et identifiee sous le NID 00322214, de zone residentielle de densite faible a zone d'amenageament eonamereial approuvi. 2. 1'ajout de la parcelle de terrain suivante a ]a liste des amenag7ements commerciaux approuves a l'alinea 2.4.6.28 : << u) une parcelle de terrain dune superficie d'environ 1470 metres carrees, situee au 14, croissant McLaughlin, et identifiee sous le NID 00322214. » Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 10 novembre 2008 daps la salle du conseil, an niveau du hall d'entrec, a 1']l6tel de ville, RAISON DE LA MODIFICATION : Permettre une clinique de physiotherapic et d'autres services professionnels dans le bdtiment existant. Vcuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 10 decembre 2008 d ]'attention du soussigne. Pour toute demande de renseignements, veuillez cornmuniquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Elizabeth Gormley, Greffiere communale 658 2862 270 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 14, MCLAUGHLIN CRESCENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID No. 00322214. 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "u) a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID No. 00322214." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, November 10, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a. physiotherapy clinic and other professional services within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 10, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 14, CROISSANT MCLAUGHLIN Par les presentes, un avis public est doame par lequel le conseil communal de The City of Saint John a ]'intention d'etudier la modification du plan d'amenagement municipal comme suit : 1. la reclassification, a l'annexe 2-A et 2-C du plan dune parcelle de terrain d'une superficie d'environ 1470 metres carrees, situee au 14, croissant McLaughlin, et identifiee sous le NID 00322214, de zone risidentielle de densiti f tible a zone d'aminagenrent commercial approuvi. 2. I'ajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuves ii Falinea 2.4.6.28 : s( u) une parcelle de terrain d'une superficie d'environ 1470 metres carrees, situee au 14, croissant McLaughlin, et identifiee sous le NID 00322214. Une presentation publique du projet de modification aura lieu tors de ]a reunion ordinaire du conseil communal le Iundi 10 novembre 2008 dans la salle du conscil, au niveau du hall d'entree, a ['lintel de ville. RAISON DE LA MODIFICATION : Permettre une clinique de physiotherapie et d'autres services professionnels dans le batiment existant. 271 Veuillez faire part au conseil par 6crit de vos objections au prgjet de modification au plus tard le 10 decembre 2008 a I'attention du soussigne. Pour toute demande de sense $nements, veuillez communicluer avec le bureau du greffier communal ou le bureau de Furbanisme et du developpement a l'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours feries. Elizabeth Gormley, Greffiere communale 658 2862 272 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 Department: Common ClerlCs Office Account #"71246 Contact: Elizabeth Gormley Phone: (506 658-2862 Fax: 506 674-4214 Special Instructions (if any): Reference: 14 McLaughlin Crescent, MPA, Public Presentation -November 10`x', 2008 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday October 28`h, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 19 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gorn le , Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 273 37 ~C &7 t, O ' J L(~ Bate] The City of Saint John 1115/2008 Your Warship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: That Council's Regular Committee of the Whole agenda only include items that have been referred from an open session of Common Council. Information I have received via the media, e-mail, phone call and certainly during ward meetings that I have attended makes it obvious to me that we have last the trust of many of our citizens. While we do debate the Committee of the Whale agenda in Open Session, the media and the public have never attended that vote. It is not only our duty to have public sessions where the public is allowed to observe, it is our duty to make observing as accessible to as many of our citizens as possible. We need to have that debate in open council, in front of the public. Respectfully Submitted (received by email) Gary Sullivan SAINT' JOHN P.0, Box 1'971 Saint John, NB Canad'.a. E2L 4L1 vawwsaintjohn.ca I C.P. 1971 Saintjohn, IN -B. Canada E2L4L1 274 ' .1_ r~ C J x The city of Saint John 1115!2008 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: That the City,' Manager and/or Common Clerk report to council on the ability to webeast all open Council and Committee o the Whole meetings. We need to make our Open meetings of Council,. Committee of the Whole, and indeed as many committees as is practical open to the public. 'The only true full access is currently by physically attending open meetings, or by watching the Rogers coverage of every other meeting; of Common Council. The technology exists to webeast our open meetings, making then accessible to anyone with a computer and internet connection. An internet search of "City Council webeast" shows us that this is not a unique idea. Cambridge. MA and Sacramento, CA are just two examples of cities that currently use this technology. We and previous councils have been criticized for not being "Open and Transparent". This is certainly one step in earning back the trust of many of our citizens. Respectfully Submitted (received via cmail) Gary Sullivan SAINT JOHN P.O. Box 1471 Saint John, NB Canada E2L 4L1 I www.saintJohn.ca I C.P 1971 Saint John, N.-B. Canada EZL 41-1 275 0 .IY l The City of Saint John Nov. 5, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Items in closed session The recent controversy over the report on management compensation has called into question the rationale for agenda items being included as part of closed session of Committee of the Whole. While the public recognises that certain items will, of necessity, be confidential, equally the public and council deserve to understand clearly why any given itern is to be handled in such a manner. Motion: That all items considered for closed session contain a preamble that explains the justification for the item being handled confidentially. Respectfully submitted.. (Received by email) Councillor Millen a SAINT JOHN RO. Box 1971 Saint Jahn, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 276 I he C City / of Squat John November 6, 2008 Mayor Ivan Court, Members of Common Council Subject: Budget Deliberations 1 Presentations Your Worship, Members Of Council: Council is about to commence with the process of establishing the financial plan for the year 2009. The budget deliberations and presentations from City Departments, agencies, Boards and Commissions is an essential part of informing Council members of the current service levels, issues and concerns, as well as future needs, goals, and wants, It is for this reason that Council must establish some standardized format for receiving information, written and oral. Council is about to enter into a complex process that requires a positive outcome. The process must be transparent, easily understood by all, with stake holders understanding how decisions are formulated. Recommendation: That the City Manager and the Commissioner of Finance establish standardized guidelines for written and oral presentations to be made to Council by departments, agencies, boards and Commissions Respectfully Submitted, (received via e-mail) Councillor Christopher Titus. /17~1\ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn,ca ~ C.R 1971 Saint John, N.-B. Canada E2L 41-1 277 ry~tM A 1 R The City of Saint John Nov. 6, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Commissions, Boards and committees A great deal of the "business" of the city is conducted through committees, boards and commissions. As hart of our continuing effort to inform the public, the public should know when and where committees meet. Motion: That the city website include a weekly calendar indicating where and when committees, boards and commissions are meeting. This calendar should be available in hard copy from the common clerk's office Respectfully submitted, (Received by email) Councillor Killen SAINT JOHN P.0, Box 1971 Saint John, NB Canaria E2L 4L1 ~ wvwewsaintjohn.ca 4 C.P. 1971 Saint John, N -B. Canada E2L 4L1 278 A&I a The City of Saint Jahn Nov. 6, 2008 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Information sessions Much has been said recently regarding the need for transparency. One of the fundamental conditions for any transparency has to be good information. In light of the public debate of the last few weeks and of the ward meetings I have attended, I have come to believe that we suffer from an information deficit in the city. Citizens need to be informed better regarding the way things work, whether it be regarding processes, laws or anything else that is necessary for a reasonable grasp of the complexities of civic governance and the issues involved. With that in mind, I am submitting the following motion. Motion: That council instruct staff to plan a series of open forum information sessions including (but not to be limited to) the following topics: 1) transparency, closed sessions and the public right to know 2) Accessing city services: the services we offer and how to access them 3) Your taxes and how they are spent - revenue streams and the real costs of providing services 4) Accountability:. defining the relationship of council, management and staff 5) Municipal planning: what does it mean and who is involved 6) Provincial vs. municipal:. what the city can and cannot control 7) Commissions, boards and committees - their powers and their purposes. Respectfully submitted, (received via e-mail) Councillor Killen ` SAINT JOHN B.O. Box 1971 Saint John, NB Canada E2L 4L1 I r, ww.saintJohn.ca I CR 1971 Saint John, N.-B. Canada E2L 4L1 279 NMq City Manager's Office Bureau du directeur general "iN`w,Sriirl'[john.ca November 3, 2008 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 SUBJECT: Les eux de ISAcadie 2010 You will recall that in a report to Council on April 8, 2008, Council approved a bid for the "31 e Finale des Jeux de I'Acadie 2010." The organizing committee travelled to Bathurst for the announcement of the host city for the 2010 Jeux de I'Acadie on November 1St, 2008. Two municipalities had placed a bid on the games, namely, Saint John and the grouping of the municipalities of Bertrand, Paquetville and Saint-Isidore. After hosting the games 14 years ago, the Societe des Jeux de I'Acadie decided that Saint John provided the selection committee the best candidacy. As stated in the earlier report, hosting the games presents the opportunity to welcome approximately 1200 young francophone athletes from New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland - Labrador which will generate an estimated $2,000,000 financial impact to our local economy. Hosting the games will also provide an opportunity to showcase the changing face of Saint John - shopping, heritage, sports venues, uptown, Fundy Trail, waterfront etc. to the many coaches, support staff and parents that will also attend this event. In addition, various competitions and ceremonies held during the games will be broadcast regularly from Saint John by Radio-Canada. The organizing committee is chaired by Michel Cote and includes the following members: Janique Cormier-Delaquis, Bernard Brideau, Micheline Rene, Janik Dionne, Frangois Beaulieu, Mario Doucet, Pierre LeBlanc, Anick Grandmaison, Stephane Metayer, Guy Leger, Eric Kennedy, Luc Cormier and Mario Manuel. An estimated 1200 volunteers will be needed in order to organize this event. 280 The year 2010 has a significant meaning to both official linguistic communities of Saint John. The Centre scolaire-communautaire Samuel-de-Champlain will be celebrating 25 years of existence and Saint John will be celebrating its 225th anniversary. Furthermore, it will also mark the 25t' anniversary of the Canada Games event in Saint John. A support committee of City staff representing the key City departments will be established to work with the organizing committee to ensure that the requirements for facilities, security„ protocol s'ignage etc are fully met. A formal contract with the sponsors of the games will be submitted to Council in a subsequent report. Recommendation: That this report be received and filed. 281 M&C2008-336 November 6, 2008 lei I His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: a~ Th LAI~ UL i-11n, Contract No. 2008-32: Princess Street - Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction PURPOSE The purpose of this report is to seek Common Council's endorsement for: • A future policy regarding financial contribution from all utilities for identified projects within the Capital Program. • A request for funding by The Power Commission of the City of Saint John for the Princess Street Reconstruction project. • Proceeding with the tendering process for the Princess Street Reconstruction project. BACKGROUND As Council is aware, funding was approved in the 2008 Water & Sewerage Utility Fund and General Fund Capital Program for the design and reconstruction of Princess Street from Prince William Street to Charlotte Street. The General Fund provides $1,875,000 of which $355,000 is to be recovered from other sources and the Utility Fund provides $430,000 for the upgrade of underground services prior to surface reconstruction. The work that is planned includes a new watermain, sanitary sewer, and storm sewer, full street reconstruction including excavation and backfill with new granular materials, new concrete curb and sidewalk, clay brick paver medians, new underground electrical and communication utilities, landscaping, and asphalt paving. In maintaining the standard of the Uptown Saint John Business District, the above ground electrical and communications utilities are to be relocated underground. This, in combination with the full street reconstruction including new concrete curb and sidewalk, clay brick paver medians, and landscaping is vital to promoting opportunities and growth in the heart of the City. 282 M&C2008-336 November 6, 2008 Page 2 of 3 ANALYSIS At the 98% design stage, the Engineer's estimate includes $893,000 for the City's portion of the new underground electrical and communication utilities. The Power Commission of the City of Saint John's portion is estimated at $548,000. Given The Power Commission of the City of Saint John's commitment to providing ffinding for the Peel Plaza project, staff have been advised that ffinding may not be available for the Princess Street project. Staff have identified four options for the underground electrical and communications utilities portion of this project. Council can defer the reconstruction of Princess Street from Prince William Street to Charlotte Street to another year. 2. Council can provide additional funding from within the City of Saint John budget. Council can request ffinding from The Power Commission of the City of Saint John. Staff would compose the required letter on behalf of the Mayor and Common Council requesting the fiunding. 4. Given the amount of funding that the Saint John Water Utility is contributing to this project and other major reconstruction projects within the Uptown area, Council should consider developing a policy for equivalent contributions from other Utilities for specified projects (say, in the Uptown). This would eliminate the need to request ffinding on a project by project basis. The tendering process for this project should proceed in November 2008; it is nearing design completion and, historically, tenders closed at this time of year specifying constriction to begin the following spring result in lower tendered amounts. FINANCIAL IMPLICATIONS An Engineer's cost projection for this project has been prepared based on the 98% design and it has been identified that the total project costs (design, constriction and constriction management) will likely exceed the amount budgeted in the 2008 General Fund Capital Program by approximately $600,000. The cost projection was prepared based on the assumption that The Power Commission of the City of Saint John would contribute their portion estimated at $548,000. Staff propose identifying a project for Council's consideration in the 2009 General Fund Capital Program for supplemental funding to cover the $600,000 shortfall. 283 M&C2008-336 November 6, 2008 Page 3 of 3 RECOMMENDATION It is recommended as outlined in this report that Common Council: 1. Direct staff to develop a policy proposal, in consultation with the various utilities involved, that would establish a design standard for underground services in designated uptown streets and responsibility for financial contributions related thereto. 2. Request funding in the amount of $548,000 from The Power Commission of the City of Saint John for its share of the Princess Street Reconstruction project. 3. Authorize staff to proceed with the tendering process for the Princess Street Reconstruction project. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 284 11 II a u 11111 I" fin, OPEN SESSION M & C 2008 - 340 November 6, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Vacant and Derelict buildings BACKGROUND City of afta John Council, at its meeting on September 2, 2008, requested staff to advise on potential solutions to reduce the number of vacant and derelict properties in the City of Saint John. Current By-law The City of Saint John enacted the current Saint John Unsightly Premises and Dangerous Buildings By-law on July 30, 2007. The by-law was updated to adopt recent changes to the "Dangerous or Unsightly Premises" section of the Municipalities Act. It is under the authority of the Municipalities Act, and the City's by-law, that the City is able to deal with issues concerning vacant and dilapidated buildings. Sections 190.01(1) and 190.01(2) of the Municipalities Act are very specific in what conditions can be remedied by the municipality under the enabling legislation. A property can be considered unsightly if there exists on the premises: • ashes, junk, rubbish or refuse, • an accumulation of wood shavings, paper, sawdust or other residue of production or constriction, • a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or • a dilapidated building. 285 M & C 2008 - 340 -2- November 6, 2008 uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu~A building can be considered dangerous pursuant to the legislation if it becomes a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The City can only take action under the Saint John Unsightly Premises and Dangerous Buildings By-law if a property meets the conditions as detailed in the Municipalities Act. Current Policy Vacant buildings are monitored by staff of Buildings and Inspection Services Department on a regular basis. A list of all known vacant buildings is maintained, and staff of the Police Force, Fire Department, and the Public Safety Communications Centre has access to the list. Staff monitors vacant buildings to determine if they are secure to casual public entry and that they are not dilapidated to the extent they pose a threat to the safety of the public. In the event that a vacant building is not secure to public entry, inspectors notify the owners by telephone and/or letter(s). Oftentimes, contact with owners is difficult due to absentee ownership, the owners are infirm, or the property is part of an estate with multiple people responsible. Although in recent days the Buildings and Inspection Services Department has taken action against unsightly premises, the focus of the Department is on buildings that are structurally unsound or pose a hazard to the safety of the public. Enforcement Under the legislation, in the event that an unsightly and/or dangerous condition exists, an officer appointed by Council may issue a compliance notice to the owner or occupier to remedy the condition. An owner has a right to an appeal process after receiving a notice. If the notice is not complied with, the City may lay a charge in the Provincial Court, issue a ticket, or it may proceed to carry out the work at the owner's expense or it may do a combination of these actions. If an unsightly condition exists, and the City chooses to carry out the work, the City would cause the premises to be cleaned up or repaired. In the case of a building that is a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the City may cause the building to be demolished. Costs associated with remedying an unsightly or dangerous condition become a debt due to the municipality and after all reasonable efforts have been made by the municipality to recover its costs from the owner, the municipality would make a request that the Province reimburse the municipality and add the costs to the property owners' tax bill. In the event of an emergency situation, a municipality may, at the expense of the owner or occupier, act immediately to terminate a danger in the event that there is nonconformity with a by-law to such an extent as to pose an emergency. The word "emergency" is defined as "a situation where there is imminent danger to public safety or of serious harm to premises or to a building or stricture". The 286 M & C 2008 - 340 -3 - November 6, 2008 uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu~determination that an emergency exists is made by the officer appointed by Council. The municipality and persons acting on its behalf are not liable to compensate the owner or occupier provided that the actions taken are reasonable. ANAT,VCTC The City can only take action under the Unsightly Premises and Dangerous Buildings By-law if a premises or stricture meets the conditions as outlined in sections 190.01(1) and 190.01(2) of the Municipalities Act. A building does not necessarily meet these requirements by being vacant and boarded up. There is a concern that vacant buildings are a fire hazard. A vacant building alone does not pose any greater threat of fire than an occupied building. Vacant buildings have no occupants and often have no power, both of which may contribute to a fire incident at a building. The real concern when it comes to fire at a vacant building is vandalism, and the fact that a vacant building tends to attract trespassers and vandals. It could be argued that a vacant building in a general state of disrepair may be considered dilapidated, and therefore would fall within the unsightly premises category. The City could notify an owner of a vacant building in disrepair and decay of the work required to bring the building back into a state of repair and acceptable condition. If the work is not completed, the City could lay a charge, issue a ticket or cause the condition to be remedied. There are a few concerns with this approach. One concern is how the determination is made that a building is dilapidated. Beauty is in the eye of the beholder. The determination of a dilapidated building can be very subjective. What may be considered an unacceptable condition to one person may be considered acceptable to another. If this approach was followed, staff of Buildings and Inspection Services would follow set guidelines to determine if a building is dilapidated and what remedy is required. Before issuing a notice to comply, staff would present the case to Council to have Council determine if the building is dilapidated. With this process, Council sets the community standards for the City. Another consideration is the issue of priorities and the time and resources required to pursue buildings that are dilapidated, but not considered dangerous. The focus of staff is on dangerous buildings that are structurally unsound or pose a hazard to the safety of the public. If staff s focus is to shift to also include dilapidated buildings that are not dangerous, this may negatively impact the ability to deal with dangerous buildings in a timely fashion. The issue of remedying dilapidated buildings also requires some consideration. The remedy for a dangerous building is clear under the legislation - demolition. The remedy for a dilapidated building is less clear, especially when considering to what extent the City will step in to remedy if the owners do not make the necessary repairs. This could be a costly venture if the City were to replace rotted siding, remove boards and replace windows, repair deteriorated steps, etc. The 287 M & C 2008 - 340 -4- November 6, 2008 uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu~City could choose, in these cases, to remedy only certain conditions, such as removing broken glass from windows and reattaching or removing loose materials from the building. Remedying dilapidated conditions at a building could take a considerable amount of staff time and financial resources. The City is limited to act based on the enabling legislation. A number of possible options were previously proposed, but they do not fall within the municipality's authority in the Municipalities Act. For instance, the City has no authority to place time restrictions on the length of time a building is boarded up. Having a boarded up building painted is also not permitted under the Municipalities Act, as it likely does not fall under the definition of dilapidated. Another option that was considered is the possibility of including additional standards to the Unsightly Premises and Dangerous Buildings By-law that are not included in the legislation; however, unlike the Minimum Property Standards By- law, the Municipalities Act does not allow the inclusion of standards that are in addition to or in conflict with the Unsightly Premises and Dangerous Buildings sections of the Municipalities Act. The possibility of financial programs to encourage restoration of buildings was also mentioned as a way to decrease the number of vacant and boarded up buildings in the City. Council may recall that in the October 9, 2008 report to council, staff suggested the resurrection of an infill program. It may be beneficial for this to be further considered. It is recognized that many buildings that are vacant for an extended period of time have outstanding property taxes. It has been staff's experience that the Province does not often pursue tax sales for properties that are in a deteriorated condition. In an attempt to encourage the Province to put buildings up for tax sale when it is in arrears, the City could research outstanding property taxes owing and encourage the Province to take action. A tax sale often can contribute to getting a building out of the never-ending cycle of deterioration and disrepair by new ownership renewing the building or encouraging redevelopment where a dilapidated building once was. When the City of Saint John collaborated with the Province to enhance the legislation so that municipalities in New Brunswick could more effectively enforce their building standards and dangerous buildings by-law, extensive research was carried out of progressive enabling legislation in other provinces all over Canada. The new legislation in New Brunswick is a compilation of the most effective enforcement tools for dealing with substandard, deteriorated and dangerous buildings. Subsequently, the City's Unsightly Premises and Dangerous Buildings By-law can effectively deal with buildings that are unsightly, dilapidated and dangerous. The enforcement of the by-law to meet the community's needs when it comes to vacant and boarded up buildings may be more an issue of subjectivity, priorities, and resources than inadequacy of the 288 M & C 2008 - 340 -5- November 6, 2008 enforcement tools available. If, after experience with the enforcement tools under the new legislation and subsequent court decisions, significant omissions or inadequacies in the enabling legislation became apparent, the City could petition the Province to make changes to the Act. Staff of Buildings and Inspection Services Department is currently working with the Legal Department to develop a set of guidelines for the enforcement process that will be followed for the Unsightly Premises and Dangerous Buildings By- law. These guidelines will outline the enforcement procedures for unsightly premises, dangerous and dilapidated buildings. They will include the evaluation process for determining a dilapidated building, and Council's involvement in deeming a building unsightly or dangerous. These guidelines are currently being drafted and will be before Council for consideration as soon as they are complete. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfidly submitted, Amy Poffenroth, P. Eng. MBA Deputy Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 289 REPORT TO C019j, '~".')N COUNCIL OPEN SESSION M&.C2008-341 November 6, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Designation of individuals for By-law enforcement purposes BACKGROUND city . l) av. Due to staff changes and City By-law updates, it is necessary to designate appropriate individuals as By-law Enforcement Officers for the following By- laws: ® Building 4 Minimum Property Standards • Unsightly Premises and Dangerous Buildings ® Animal Control o Zoning a Flood Risk Area • Mobile Home Parks and a Preservation Areas In doing so, these individuals are designated and authorized to: Lay informations in the Provincial Court of New Brunswick with respect to all the above-noted by-laws; o Issue Notices to Comply with respect to the Saint John Unsightly Premises and Dangerous Buildings By-law and the Saint John Minimum Property Standards By-law and; ® Issue POPA tickets for violations of the Saint John Unsightly Premises and Dangerous Buildings By-law, the Saint John Minimum Property Standards By-law and appropriate sections of the Municipalities Act, For administrative reasons, it is practical to group these appointments in a single resolution. 290 M & C 2008 - 341 -2- November 6, 2004 Additionally, pursuant to the Unsightly Premises and Dangerous Buildings By- law and the Minimum Property Standards By-law, a resolution is required to authorize Elizabeth Gormley, Common Clerk, to affix the corporate seal of the City of Saint John to any Certificates of Discharge issued as a result of enforcement proceedings of these two by-laws. RECOMMENDATION Your City Manager recommends that Common Council adopt the attached resolutions. Terrence Tottt City Manager 291 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. NOW THEREFORE BE IT RESOLVED, that the resolution of June 23, 1997, item (2), authorizing William Edwards and David G. M. Crawford to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By-law, is hereby rescinded; 2. AND BE IT FURTHER RESOLVED, that the resolution of June 23, 1997, item (3), authorizing David G. M. Crawford to make applications to the Court of Queen's Bench of New Brunswick or any judge thereof pursuant to section 106.1 of the Municipalities Act, R.S.N.B. 1973, c. M-22, and amendments thereto, is hereby rescinded; 3. AND BE IT FURTHER RESOLVED, that the resolution of June 23, 1997, item (4), authorizing William Edwards and David G. M. Crawford to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Mobile Home Parks By-law, is hereby rescinded, 4. AND BE IT FURTHER RESOLVED, that the resolution of November 1, 1999, appointing Amy Poffenroth as a By-law Enforcement Officer for the purpose of enforcing the Garbage By-law, Saint John Animal Control By-law, Saint John Minimum Property Standards By-laver, and authorizing her to lay informations for breach of such By-laws, is hereby rescinded; 5. AND BE IT FURTHER RESOLVED, that the resolution of January 21, 2008, appointing William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley to notify owners and occupiers with respect to premises that are unsightly, and buildings and structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, and buildings and structures that do not meet the standards that are set out in the City's Minimum Property Standards By-law or in the Residential Properties Maintenance and Occupancy Code Approval Regulation - Municipalities Act, is hereby rescinded; 6. AND BE IT FURTHER RESOLVED, that the resolution of August 18, 2008, appointing William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley as By-law Enforcement Officers pursuant to section 14 of the Police Act, S.N.B. 1977, c. P-9.2, and amendments thereto, and designated as persons to serve tickets in respect to 292 -2- offences referred to in paragraph 100.2(x) of the Municipalities Act, supra, is hereby rescinded; 7. AND BE IT FURTHER RESOLVED, that the resolution of August 18, 2008, appointing Rick Armstrong, Darryl Berub6, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye as Inspection Officers pursuant to section 4 of the Saint John Minimum Property Standards By-law, is hereby rescinded; 8. AND BE IT FURTHER RESOLVED, that the resolution of September 2, 2008, appointing Rick Armstrong, Darryl Berub6, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Mark Mazerolle, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye as Inspection Officers pursuant to section 4 of the Saint John Minimum Property Standards By-law, is hereby rescinded; 9. AND BE IT FURTHER RESOLVED, that the resolution of September 2, 2008, appointing William Edwards, David Crawford, Amy Poffenroth and Pamela Bentley as By-law Enforcement Officers pursuant to section 14 of the Police Act, supra, and designated as persons to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra, is hereby rescinded. 10. WHEREAS, the Common Council of The City of Saint John has enacted certain by-Laws pursuant to the authority of the Municipalities Act, supra, including the City of Saint John Flood Risk Areas By-law, Mobile Nome Parks By-law, Saint John Animal Control By-law, Saint John Building By-law, Saint John Preservation Areas By-law and The Zoning By-law, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with such By-laws; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a bylaw shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as a By-law Enforcement Officer with 293 -3T respect to the enforcement of the City of Saint John Flood Risk Areas By-law, Mobile Home Parks By-law, Saint John Animal Control By-law, Saint John Building By-law, Saint John Preservation Areas By-law and The Zoning By-law, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick with respect to violations to the City of Saint John Flood Risk Areas By-law, Mobile Home Parks By-law, Saint John Animal Control By-law, Saint John Building By-law, Saint John Preservation Areas By-law and The Zoning By-law, and these designations and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 11, WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Minimum Property Standards By- law, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By- law; AND WHEREAS, paragraph 1.4(1) of the Police Act, supra, provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS, paragraph 23(1) of the Saint John Minimum Property Standards By-law, provides that where a condition of a premise, dwelling, dwelling unit or structure does not comply with the said By- law, an officer appointed by council may notify the owner or occupier of a premise, dwelling unit or structure by notice in the form prescribed by regulation; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: 294 -4- NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M, Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Minimum Property Standards By-law, effective immediately upon the Saint John Minimum Property Standards By-law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2408, being enacted and upon approval by the Minister of Local Government, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed and authorized to notify owners and occupiers with respect to premises that do not meet the standards that are set out in the Saint John Minimum Property Standards By-law, effective immediately upon the Saint John Minimum Property Standards By- law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By-law, effective immediately upon the Saint John Minimum Property Standards By- law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 12. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Unsightly Premises and Dangerous Buildings By-law, and it may from time to time be 295 -5- necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS, paragraph 190.01(3) of the Municipalities Act, supra, provides that an officer appointed by council may notify the owner or occupier of a premises, building or structure by notice in the form prescribed by regulation when a condition exists pursuant to paragraphs 190.01(1) or 190.01(2) of the said Act; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By-law, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed and authorized to notify owners and occupiers with respect to premises that are unsightly and buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength as set out in the Saint John Unsightly Premises and Dangerous Buildings By-law, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings By-law, and these designations and authorizations shall continue until they 296 -6- cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 13. WHEREAS, paragraph 100.2(x) of the Municipalities Act, supra, provides that offences under paragraph 94.2(3) or 102.1(1.2) of the said Act or offences in respect of a by-law under paragraph 94(1) or 94(3) or section 190 of the said Act, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act„ S.N.B. 1987, c.. P-22.1, and amendments thereto; AND WHEREAS, paragraph 100.2(b) of the Municipalities Act, supra, provides that a by-law enforcement officer appointed under section 14 of the Police Act, supra, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in paragraph 100.2(x) of the Municipalities Act, supra: NOW THEREFORE BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized as a person to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra, and these designations and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 14. WHEREAS, paragraph 4(1) of the Saint John Minimum Property Standards By-law provides that Common Council may for the purposes of the administration and enforcement of the said By-law, appoint Inspection Officers who may exercise such powers and perform such duties as may be set out in the said By-law and/or the Residential Properties Maintenance and Occupancy Code Approval Regulation - Municipalities Act and/or the Municipalities Act, supra: NOW THEREFORE BE IT RESOLVED, that each of Rick Armstrong, Darryl Berube, Carl Brandon, Vince Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Patrick McCarthy, Mark Slader, David Somerville and Jason Waye, is hereby appointed as an Inspection Officer with respect to the enforcement of the Saint John Minimum Property Standards By-law which received first and second reading by Common Council on August 18, 2008 and third reading by title on September 2, 2008, being enacted and upon approval by the Minister of Local Government, and these appointments shall continue until they cease to be employees of the Buildings and Inspection Services Department of the City of 297 -°7- Saint John or until it is rescinded by Common Council, whichever comes first. 15. WHEREAS, paragraph 190.022(4) of the Municipalities Act, supra, and paragraph 27(4) of the Saint Jahn Minimum Property Standards By- law, provides that within thirty days after the terms of the notice have been complied with or a debt due to a municipality or due to the Minister of Finance, as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the municipality to be affixed: NOW THEREFORE BE IT RESOLVED, that Elizabeth A. Gormley, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to each Certificate of Discharge that is issued by William Edwards, David G. M. Crawford, Amy Poffenroth or Pamela Bentley under the Saint John Minimum Property Standards By-law and/or the Saint John Unsightly Premises and Dangerous Buildings By-law, and such authorization shall continue until Elizabeth A. Gormley ceases to be the Common Clerk of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 298 ti Joe ~ f The City of saint John November 6, 2008 Mayor Ivan Court And Members of Common Council City of Saint John Your Worship and Councillors: RE: Claim against John Ferguson for injury to Trustees' Reputations Council Resolution of August 18, 2008 The Board of Pension Trustees has considered Council's resolution of August 18, 2008, requesting that the Trustees drop the defamation suit against former Councillor John Ferguson. As Secretary to the Board, the Trustees have instructed me to write this letter setting out the Trustees' position as well as the bases for the Trustees' claim for damage to their reputations. The Trustees' entire claim for defamation is set out in the statement of claim. For present purposes, the Trustees' will focus on one part of Mr. Ferguson's comments which is the same part that the Court of Appeal focused on in confirming that the Trustees' claim is to proceed to trial. In public televised comments, Mr. Ferguson alleged that the Trustees engaged in repeated and deliberate illegal behavior. The Trustees are all long-standing members of our community with significant public positions, either with City government or trade union locals. Some hold professional designations. Mr. Ferguson's comments caused severe damage to their reputations, which ultimately undermines the administration of the pension plan. The Trustees are seeking the restoration and vindication of their reputations, as they are entitled to at law. The vindication of the Trustees' reputations will be achieved either through an award of substantial damages at trial paid to the pension fund, or by the provision of a complete public apology by Mr. Ferguson. On receipt of an appropriate apology, the Trustees will agree to discontinue the lawsuit without costs to either side. The Trustees emphasize that they welcome debate and discussion about the operations of the pension plan, including the payment of benefits and investment performance of the fund that holds the plan's assets. The pension plan provides a significant benefit to the employees and retirees of the City of Saint John. It is also a significant cost to the City and the taxpayers. The Trustees emphasize, however, that they do not create the pension plan. The pension plan is a provincial statute. The role of the Trustees is to administer the plan in accordance with its terms and within the provisions of the provincial Pension Benefits Act and the federal income Tax Act. They have discharged their responsibilities in good faith and to the best of their abilities. SAID f JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca ~ C.P. 1971 Saint John, N.-B, Canada EA 41_1 299 Mayor Ivan Court & Members of Common Council November 6, 2008 Page 2 It is important to review exactly what Mr. Ferguson said and the manner in which it was said. At a televised public session of Council held on July 17, 2006, Mr. Ferguson repeatedly alleged that the Trustees were engaging in deliberate illegal behavior. He spoke of the cost of disability pensions which he alleged to be $5.9 million annually. Specifically, he stated: "I raised this matter to a very senior person who sits on the Pension Board. I have his name, rank and serial number. $5,900,000.00 a year extra, that's the figure. That figure is shocking and l said to isn't that illegal? Yes it is, said the person. Butso is drinking and driving and people do that everyday. Let us refresh our memory. The person on the Pension Board said, it is tike drinking and driving and people do it every day. And that person is laughing at Council and in my opinion the Saint John taxpayers." This statement: "it is like drinking and driving and people do it every day" was repeated at least three times by Mr. Ferguson during his presentation to Common Council. These comments were not made by any Trustee to Mr. Ferguson. These comments, and other related comments which are set out in the Trustees' Statement of Claim, are false. They are an outrageous, vindictive and malicious attack on the character, reputation and integrity of the Trustees. The comments allege that the Trustees are repeatedly and deliberately ignoring their legal responsibilities. The Trustees are ultimately responsible for the administration of a trust fund comprised of hundreds of millions of dollars which is used to secure and pay the benefits of well over 1,500 City employees and retirees. This deliberate and calculated attack on the Trustees affects both the Trustees and the entire plan. The pension plan members rely on the integrity of the individuals who are charged with the Plan's administration. Attacks on the integrity of the Trustees ultimately undermine the entire plan. In our democratic society, individuals are entitled to their good reputation. An individual's good reputation is protected by law. In a 1995 decision, the Supreme Court of Canada said the following about the fundamental importance of protecting an individual's reputation: to most people, their good reputation is to be cherished above all. A good reputation is closely related to the innate worthiness and dignity of the individual. It is an attribute that must, just as much as the freedom of expression, be protected by society's laws... Democracy has always recognized and cherished the fundamental importance of an individual. That importance must, in turn, be based upon the good repute of a person. It is that good repute which enhances an individual's sense of worth and value. False allegations can so very quickly and completely destroy a good reputation. A reputation tarnished by libel can seldom regain its former lustre. A democratic society, therefore, has an interest in ensuring that its members can enjoy and protect their good reputation so long as it is merited. The consequences which flow from the publication of an injurious false statement are invidious... A defamatory statement can seep into the crevasses of the subconscious and lurk there ever ready to spring forth and spread its cancerous evil. The unfortunate impression left by a libel may last a lifetime. Seldom does the defamed person have the opportunity of replying and correcting the record in a manner that will truly remedy the situation. It is members of the community in which the defamed person lives who will be best able to assess the damages. The 300 Mayor Ivan Court & Members of Common Council November 6, 2008 Page 3 jury as representatives of the community should be free to make an assessment of damages which will provide the plaintiff with a sum of money that clearly demonstrates to the community the vindication of the plaintiffs reputation. Mr. Ferguson's deliberate attacks on the character and reputation of the Trustees go well beyond any legitimate freedom of expression. Allegations of repeated illegal acts impair the reputations of all the Trustees. As noted earlier, some of the Trustees hold professional designations. Mr. Ferguson's allegations of repeated illegal behavior, if true, would be a violation of the professional obligations and ethics of these professionals. After Mr. Ferguson made his remarks to Council on July 17, 2006, Mayor Court, then a councillor, repeatedly asked Mr. Ferguson to identify the Trustee with whom Mr. Ferguson had this alleged conversation. Mr. Ferguson refused. When court proceedings commenced, Mr. Ferguson then denied making the remarks set out above, even though they were taped and part of the formal Council proceedings. He subsequently continued to refuse to identify the individual with whom he allegedly had this conversation for nearly two years until ordered to do so by the court. This subsequent behavior by Mr. Ferguson only served to compound the initial damage caused by his unwarranted attacks. The Trustees are seeking the full and complete vindication of their reputations based on their rights under our laws, in our court process, this can only be obtained through a declaration in Court that the Trustees have been defamed and an award of substantial damages for the pension fund. Outside of the trial process, Mr. Ferguson is the only one who has the ability to repair the damage that he has caused. A full, complete and public apology from Mr. Ferguson to the Trustees and a withdrawal of his comments would provide the Trustees with the vindication of their reputations. However, Mr. Ferguson has consistently refused to apologize. The Trustees prefer to end this claim on the basis of an apology, rather than incur the time and expense required for a lengthy trial. The Trustees are therefore sending a copy of this letter directly to Mr. Ferguson. The Trustees invite Mr. Ferguson to bring this lawsuit to an end through the issuance of an acceptable complete public apology and withdrawal of his comments. This offer to bring this claim to an end through the issuance of an apology by Mr. Ferguson is without prejudice to the Trustees' claim for substantial damages, if the matter must proceed to trial. In the absence of an apology, the Trustees will continue to seek the vindication and restoration of their reputations through the court process, asking for a declaration that they have been defamed and seeking a substantial award of damages at trial, to be paid to the pension fund. Yours truly, Elizabeth Gormley Secretary City of Saint John Pension Board of Trustees cc: John Ferguson 301