2012-02-13_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentairea
City of Saint John
Common Council Meeting
Monday, February 13, 2012
Location: Common Council Chamber
Supplemental to Agenda
13.2 Committee of the Whole: Capital Costs Agreement — Peel Plaza Project
13.3 Committee of the Whole: Traffic By -Law and Parking Meter By -Law Fines
Amendments
13.4 Committee of the Whole: City Market Stall No. 4
13.5 Committee of the Whole: YMCA — Churchill Boulevard
13.6 Committee of the Whole: Loch Lomond Villa Request to Purchase Right -of -Ways
13.7 Committee of the Whole: Memorandum of Agreement between City of Saint John
and Canadian Union of Public Employees, Local No. 486 (Inside Workers)
13.8 Committee of the Whole: 2012 Establishment
City of Saint John
Seauce du conseil communal
le lundi 13 fevrier 2012
Lieu: Salle du conseil communal
Ordre du jour supplementaire
13.2 Comite plenier: Les couts en capital accord — Peel Plaza projet
13.3 Comite plenier: Reglcment de la circulation et reglement de stationnement avec
parcometre modifications amende
13.4 Comite plenier: Numero de stalle ville marche de quatre
13.5 Comite plenier: YMCA -- boulevard, Churchille
13.6 Comite plenier: Loch Lomond Villa — demander a Pachat des droits de passage
13.7 Comite plenier: Memorandum d'Accord numero 8 entre City of Saint John et
C.U.P.E 486 1'interieur de travailleurs
13.8 Comite plenier: 2012 mise en place
Cit j Hall
15 Market Square
February 13, 2012
P.O. Box 1971
Saint John
New Brunswick
Canada E2L 4L1
Common Council of the City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors, City of Saint John
Subject: Committee of the Whole Report: Capital Costs Agreement — Peel
Plaza Project
The Committee of the Whole, having met on February 13, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that Common Council approve the submitted text of the Amended
Capital Costs Agreement between The City of Saint John and Her Majesty the Queen in
Right of the Province of New Brunswick, as represented by the Minister responsible for
Supply and Services, in relation to the Peel Plaza Project, the text of which accompanies
the City Solicitor's correspondence in this matter to Common Council, dated February
13th, 2012; and that the Mayor and Common Clerk be authorized to execute the
Amended Capital Costs Agreement."
Question being taken, the motion was carried.
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
0 ,6
BY -LAW NUMBER
A BY -LAW TO AMEND A BY -LAW
WITH RESPECT TO PARKING ZONES
AND THE USE OF PARKING METERS
AND PAY AND DISPLAY MACHINES
Be it enacted by the Common Council of
The City of Saint John as follows:
A By -Law of The City of Saint John
entitled "A By -Law With Respect to Parking
Zones and The Use of Parking Meters and
Pay and Display Machines" enacted on the
15`s day of March, 2004 is hereby amended as
follows:
1 Section 6 is amended by deleting
subsection 6(4) and replacing it with the
following:
"6(4) The toll for parking a vehicle in a
parking space that is located in a parking zone
listed in Schedules "A", "B" or "C" shall be
Two Dollars ($2.00) per hour."
2 Section 17 is amended by deleting
subsection 17(1) and replacing it with the
following:
"17(1) A person who violates a provision of
this by -law is guilty of an offence and is liable
to the following penalties:
a) a penalty of twenty dollars
($20.00) if payment is made within
fifteen (15) days of the date of the
offence;
b) a penalty of twenty -five dollars
($25.00) if payment is made more than
fifteen (15) days after the date of the
offence but within thirty (30) days of
the date of the offence;
ARRI,TE No
ARRETE MODIFIANT L'ARR9TE
CONCERNANT LES ZONES DE
STATIONNEMENT ET L'UTILISATION
DES PARCOMETRES ET DES
HORODATEURS
Lors d'une reunion du Conseil communal,
The City of Saint John a d6cr6t6 ce qui suit.
Pars les prdsentes, I'arret6 de The City of
Saint John intitul6 « Arret6 concernant les
zones de stationnement et 1'utilisation des
parcom6tres et des horodateurs » d6cr&6 le 15
mars, 2004, est modifi6 comme suit:
1 Le paragraphe 6(4) est modifid par la
suppression de celui -ci et son remplacement
par ce qui suit :
6(4) Le taux de stationnement d'un
v6hicule dans un emplacement de
stationnement situ6 dans une zone de
stationnement figurant aux Annexes « A)>,
B » ou « C » sera de deux dollars (2,00$)
1'heure.
2 L'article 17 est modifid par la
suppression du paragraphe 17(1) et son
remplacement par ce qui suit :
17(1) Quiconque contrevient A une
disposition du prdsent arret6 est coupable
d'une infraction et est passible des sanctions
suivantes :
a) une amende de vingt dollars (20,00$)
si la somme est acquitt6e dans les
quinze (15) jours de la date de
l'infraction;
b) une amende de vingt -cinq dollars
(25,00$) si la somme est acquitt6e
plus de quinze (15) jours apres la date
de l'infraction mais dans les trente
(30) jours de la date de l'infraction;
2
c) a penalty of fifty dollars ($50.00) if
payment is made more than thirty (30)
days after the date of the offence but
before conviction in the Provincial
Court of New Brunswick;
d) a fine of seventy five ($75.00)
upon conviction in the Provincial
Court of New Brunswick."
IN WITNESS WHEREOF the City of Saint
John has caused the Corporate Common Seal
of the said City to be affixed to this By -law
the day of , A.D. 2012
and signed by:
Mayor /Maire
c) une amende de cinquante dollars
(50,00$) si la somme est acquittee
plus de trente (30) jours apres la date
de Finfraction mais avant une
declaration de culpabilite A Ia Cour
Provinciale du Nouveau - Brunswick,
d) une amende de soixante- quinze
dollars (75,00$) sur declaration de
culpabilite a la Cour Provinciale du
Nouveau - Brunswick. »
EN FOI DE QUOI, The City of Saint John a
fait apposer son sceau communal sur le
present arrete le
2012, avec les signatures suivantes
Common Clerk/Greffier communal
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme -
A BY -LAW TO AMEND A BY -LAW
RESPECTING TRAFFIC ON STREETS IN
THE CITY OF SAINT JOHN MADE UNDER
THE AUTHORITY OF THE MOTOR
VEHICLE ACT, 1973, AND AMENDMENTS
THERETO
ARRtTE MODIFIANT L'ARRIETE RELATIF
A LA CIRCULATION DANS LES RUES
DANS THE CITY OF SAINT JOHN 9DICT9
CONFORMEMENT A LA LOI SUR LES
VEHICULES A MOTEUR (1973) ET LES
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du conseil municipal,
The City of Saint John as follows: The City of Saint John a d6crete ce qui suit :
A By -law of The City of Saint John
entitled "A By -law Respecting Traffic On Streets
In The City of Saint John Made Under The
Authority of The Motor Vehicle Act, 1973, and
Amendments Thereto ", enacted on the 19'h day of
December, A.D. 2005, is hereby amended as
follows:
1 Section 26 is repealed and replaced with the
following:
26(1) Subject to subsection (2) and (3) of
this section, any person who violates any of
the provisions of this by -law is guilty of an
offence and is liable upon conviction to a
penalty of not less than Forty Dollars
($40.00) and no more than Ninety Dollars
($90.00).
26(2) Any person who violates sections
5(4)(d), 5(4)(e), 5(4)(i), 10, 16(l) or 19 of
this by -law is guilty of an offence and
liable upon conviction to a penalty of not
less than Seventy -Five Dollars ($75.00)
and not more than One Hundred and
Twenty -Five Dollars ($125.00).
26(3)(a) A person who violates any
provision of this by -law, other than
sections 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1)
and 19, may pay to the City of Saint John
within fifteen (15) clear days from the date
of such violation a voluntary penalty of
Thirty Dollars ($30.00) and upon such
payment, the person who committed the
violation is not liable to be prosecuted
therefor.
Par les pr6sentes, i'arret6 de The City of
Saint John intitul6 « Arrete relatif a la circulation
dans les rues dans The City of Saint John 6dict6
conformement a la Loi sur les vehicules a moteur
(1973) et les modifications aff6rentes », d6cr6t6 le
19 d6cembre 2005, est modifi6 comme suit :
1 L'article 25 est abrog6 et remplac6 par ce
qui suit:
26(1) Sous reserve des paragrapher (2) et
(3) du present article, toute personne qui
contrevient a une des dispositions du
present arret6 est coupable d'une infraction
et passible sur condamnation d'une peine
d'un montant minimal de quarante dollars
(40,00$) et d'un montant maximal de
quatre- vingt -dix dollars (90,00$).
26(2) Toute personne qui contrevient aux
articles 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1)
ou 19 du present arrete est coupable d'une
infraction et passible sur condamnation
d'une peine d'un montant minimal de
soixante- quinze dollars (75,00$) et d'un
montant maximal de cent vingt -cinq dollars
(125,00$).
26(3)(a) Toute personne qui contrevient a
une disposition du pr6sent arret6, autres
que celles prevues aux articles 5(4)(d),
5(4)(e), 5(4)(i), 10, 16(l) et 19, peut payer
A The City of Saint John, dans un d6lai de
quinze (15) jours francs A compter de la
date de ladite infraction, un paiement
volontaire de trente dollars (30,00$) et ledit
paiement d6gage la personne qui a commis
ladite infraction de toute poursuite engagee
A 1'encontre de telle infraction.
26(3)(b) A person who violates sections
5(4)(d), 5(4)(e), 10, 16(1), or 19 may pay
to the City of Saint John within fifteen (15)
clear days from the date of such violation a
voluntary penalty of Fifty Dollars ($50.00)
and upon such payment, the person who
committed the violation is not liable to be
prosecuted therefor.
IN WITNESS WHEREOF The City of Saint John
has caused the Corporate Common Seal of the said
City to be affixed to this by -law the day
of , A.D. 2012 signed by:
Mayor /Maire
26(3)(b) Toute personne qui contrevient
aux articles 5(4)(d), 5(4)(e), 10, 16(1) et
19, peut payer a The City of Saint John,
dans un ddlai de quinze (15) jours francs a
compter de la date de ladite infraction, un
paiement volontaire de cinquante dollars
(50,00$) et ledit paiement ddgage la
personne qui a commis ladite infraction de
toute poursuite engagde a Pencontre de
telle infraction.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le pr6sent arrdtd
le 2012, avec Ies signatures
suivantes :
Common Clerk/greffier communal
First Reading Premiere lecture
Second Reading - Deuxieme lecture
Third Reading - Troisieme lecture
J' City Hall P.O. Box 1971
15 Market Square Saint John
New Brunswick
Canada E2L 4LI
February 13, 2012
r[
Common Council of the City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors, City of saint John
Subject: Committee of the Whole Report: City Market Stall No. 4
The Committee of the Whole, having met on February 13, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that the City of Saint John terminate the current tenancy of Stall No.
4 in the City Market, 47 Charlotte Street; and that the Mayor and Common Clerk be
authorized to execute the documents necessary to effect the said recommendation."
Question being taken, the motion was carried.
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
City Hall P.O. Box 1971
15 Market Square Saint John
New Brunswick
Canada E2L 4L1
February 13, 2012
E
Common Council of the City of Saint John City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors,
Subject: Committee of the Whole Report: YMCA — Churchill Boulevard
The Committee of the Whole, having met on February 13, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that:
(1) the Public Hearing for the consideration of the passing of a By -law to Stop Up and
Close Phillip Court and Wigmore Court be set for Monday, March 12, 2012 at 7:00
p.m. in the Council Chamber;
(2) that Common Council authorize the publishing of a notice of the intention to consider
passing of the By -law identified above;
(3) It being understood that the City is neither explicitly nor implicitly obligated to enact
any by -law to stop -up and close any public street, the City of Saint John gives its
consent to the Saint John Y, at its sole cost, risk and expense, to initiate the rezoning
process for the development site intended to be the future location of the Y including
Phillip Court, Wigmore Court, and PID 55160691 and further, directs Real Estate
Services to negotiate the terms of sale with the Saint John Y for the three (3)
properties and to present to Common Council for its consideration a proposed
Agreement of Purchase and Sale."
Question being taken, the motion was carried.
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
City Hall
15 Market Square
February 13, 2012
P.O. Box 1971
Saint John
New Brunswick
Canada B2L 4L1
A
"I
Common Council of the City of Saint John City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors,
Subject: Committee of the Whole Report: Loch Lomond Villa Request to
Purchase Right -of -Ways
The Committee of the Whole, having met on February 13, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that:
(1) the Public Hearing for the consideration of the passing of a By -law to Stop -up and
Close two public streets in their entirety; one being situated to the west of civic
number 168 Loch Lomond Road, having an area of approximately 671.5 square
metres, and the second public street situated between civic number 35 and civic
number 39 Jean Street, having an area of approximately 479.5 square metres, be
set for Monday, March 12, 2012 at 7:00pm in the Council Chamber;
(2) that Common Council authorize the publishing of a notice of the intention to consider
passing of such By -Law; and
(3) notwithstanding the City's current policy with respect to the disposition of lands
(formerly public streets), in this instance Real Estate Services are directed to
negotiate the terms and conditions of a potential sale of the said lands, in the event
that any streets are stopped -up and closed, with Loch Lomond Villa, Inc. and present
to Common Council for its consideration a proposed agreement of Purchase and
Sale; it being expressly understood that there is no obligation, either implicit or
explicit, upon Common Council to enact any by -law closing any streets.
Question being taken, the motion was carried.
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
MEMORANDUM OF AGREEMENT NO.8
BETWEEN
The City of Saint John, New Brunswick
(the "Employer ")
and
The Canadian Union of Public Employees,
Saint John City Hall Employees' Local Union No. 486, C.L.C.
(the "Union ")
It is hereby agreed by the Employer and the Union that the following Article is added to the Working Agreement:
5:03(c) Severance Payment
A permanent employee who is permanently layed off with no right of recall will be
entitled to severance pay on the following basis: two (2) weeks of regular pay for
each completed year of continuous service pro- rated, to a maximum of thirty (30)
weeks.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed.
Signed, sealed and delivered by the Employer on the day of February, 2012,
Signed, sealed and delivered by the Union on the
Witness
Mayor
Common Clerk
Resolution Date:
day of February, 2012.
President
Recording Secretary
BETWEEN:
AND:
Memorandum of Understanding
FOR COLLECTIVE BARGAINING PURPOSES ONLY
The City of Saint John
"The Employer"
The Canadian Union of Public
Employees
Saint John City Hall Employees Local
Union No 486, CLC
"The Union"
Bargaining representatives of the parties have reached a tentative understanding on the
following article.
5:03(c) Severance Payment
A permanent employee who is permanently layed off with no right of recall will be
entitled to severance pay on the following basis: two (2) weeks of regular pay for each
completed year of continuous service pro - rated, to a maximum of thirty (30) weeks.
Dated this 13th day of February, 2012.
FOR THE EMPLOYER: FOR THE UNION:
Ne iating ommittee
1�5$ 1
City Hall
15 Market Square
February 13, 2012
i?0. Box 1 971
Saint John
New Brunswick
Canada E2L 4L1
Common Council of the City of Saint John
His Worship Mayor Court, Deputy Mayor Chase and Councillors, City of Saint John
Subject: Committee of the Whole Report: 2012 Establishment
The Committee of the Whole, having met on February 13, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that the 2012 Establishment, as set out in Appendix "A" to a report
dated February 13th, 2012 and addressed to Committee of the Whole (Closed Session)
from the City Manager, be approved effective the 17th day of February, 2012;
RESOLVED that, notwithstanding the City's Procurement Policy, the firm of
Devine & Associates be retained at a per eligible person cost of Three Thousand Five
Hundred Dollars ($3,500.00) plus HST to provide career transition services to each
permanent, full -time employee who is not a member of a bargaining unit whose
employment with the City is terminated as a result of the City's 2012 Operating Budget
(an "eligible person "); such services to be available to each eligible person for a period
not exceeding two months commencing with the termination of their employment with
the City; and further that the Mayor and Common Clerk be authorized to execute the
associated documentation;
RESOLVED that the health, dental and life insurance coverages provided to City
employees occupying full -time, permanent positions continue to be provided to those
whose employment is terminated as a result of the City's 2012 Operating Budget, with
such coverages ending with the expiration of the period for which they receive payment
in lieu of notice of termination of their employment (in the case of those not a member of
a bargaining unit) or severance payment (in the case of a member of C.U.P.E Local
486); and further that the cost of such coverage be shared on the same basis as last
prevailed during their employment;
RESOLVED that payment in lieu of notice of termination of employment or
severance pay as the case may be is to be made to those City employees whose
employment is brought to an end as a result of the City's 2012 Operating Budget as
follows:
a. For those who are not members of a bargaining unit, at the rate of one month's
salary and benefits (excepting the health, dental and life insurance benefits
continued pursuant to the Common Council resolution in that regard adopted on
February 13th, 2012) for each twelve months of continuous employment with the
City.
b. For those who are members of C.U.P.E. Local 486, at the rate stipulated in an
agreement entitled Memorandum of Agreement No. 8 which forms part of the
Working Agreement (excepting the health, dental and life insurance benefits
continued pursuant to the Common Council resolution in that regard adopted on
February 13th, 2012).
RESOLVED that the aforesaid payments shall be reduced by all applicable
taxes, statutory and authorized deductions."
Question being taken, the motion was carried.
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant