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2012-05-30_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Wednesday, May 30, 2012 1. Call to Order 5:00 p.m. Council Chamber Regular Meeting 1. Call to Order — Prayer 1.1 City Manager: Welcome and Overview 1.2a) City Solicitor: The Government of the City of Saint John b) The Government of the City of Saint John c) Relationship with Civic Administration d) Municipalities Act 1.3 a) Common Clerk: Governance and Procedure b) By -Law Respecting the Procedures of the Common Council c) Council 2012 Meeting Schedule d) Municipalities Act Section 10.2 e) Local Government Resource Manual 1.4 Overview of the Planning Process 1.5 2012 Mock Agenda 1.6 a) City Manager: Repeal of City of Saint John Pension Act b) Plan Amendment 1.7 City Solicitor: Draft Bill of Proposed Changes to the City of Saint John Pension Act 2 1. Ouverture de la seance 17 h — Salle du conseil The City of Saint John Seance du conseil communal Le mercredi 30 mai 2012 Seance ordinaire 1. Ouverture de la seance, suivie de la priere 1.1 Directeur g6n&ral : Mot de bienvenue et aperqu 1.2 a) Avocat municipal: le gouvernement de The City of Saint John b) Le gouvernement de The City of Saint John c) Relation avec 1'administration municipale d) Loi sur les municipalites 1.3 a) Greffiere communale : gouvemance et procedures b) Arret6 proc6dural du conseil communal c) Calendrier des s6ances du conseil propos6 pour 2012 d) Paragraphe 10.2 de la Loi sur les municipalites e) Manuel des ressources pour le gouvernement local 1.4 Aperqu du processus de planification 1.5 Programme fictif pour 2012 1.6 a) Directeur g6n6ral : abrogation de la Loi sur le regime de retraite de la ville de Saint John b) Modification du plan 1.7 Avocat municipal : projet de loi concernant les modifications proposes a la Loi sur le regime de retraite de la ville de Saint John i.Z') Common Council Orientation John Nugent City Solicitor's Office May 30, 2012 • The nature and extent of City of Saint John's legal status • Common Council of the City of Saint John and its Members 0 • Public Access to the local government of the City • Liability of Members of Common Council • The relationship between Common Council and the civic administration .� rte=_ SAINT JOHN f SAINT JOHN --------- City Solicitors Office Bureau de Favocat municipal May 24, 2012 Common Council of The City of Saint John Your Worship and Councillors: Re: The Government of The City of Saint John This material' has been prepared as an introduction to 5 topics which are fundamental to an appreciation of the operation of the government of The City of Saint John. It reflects my opinion as to the meaning and application of various pieces of legislation and relevant case law. The topics to be dealt with are: 1. The City of Saint John — the nature of its legal status and extent of its powers; 2. The Common Council of The City of Saint John and its Members — roles and relationships; 3. Public access to the government of the City; 4. Liability of Members of Common Council; and 5. The relationship between Common Council and the civic administration. It draws liberally upon material I have previously presented to newly elected Councils. P.O. Box 1971 Saint John, NB Canada E2L 4L1 � wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 5 Common Council City Solicitor May 24, 2012 Page 2 Re: The Government of The City of Saint John 1. The City of Saint John — the nature of its legal status and the extent of its powers The corporation of The City of Saint John was brought into existence by Royal Charter granted to the inhabitants in 1785 by the first Governor of New Brunswick, Thomas Carleton. The Charter states that it was granted upon the petition of His Majesty's subjects living in this area. Presumably they sought incorporation in order to achieve a singular legal identity. There was some question as to the legal effectiveness of certain provisions of the Charter dealing with the harbour and in order to eliminate any doubt in this respect, the Legislature confirmed the Charter by statute. This is the reason for the language "The City of Saint John created by Royal Charter and confirmed by statute ". The Corporation was initially and continues to be comprised of the inhabitants within geographic defined boundaries. The Royal Charter created a unique form of corporation which has been preserved to the current time — one known as a "common law corporation ". Its distinctiveness lies in its possessing the power and capacity of a natural person. By contrast, a municipality created pursuant to the Municipalities Act has only those powers and authorities expressly granted, clearly implied or necessary and not merely convenient for the effectuation of the purposes for which it was created. Thus described the City's status as a common law corporation might seem dully technical and impractical but not so — it clothes the City with the potential to engage in absolutely any endeavour the Council believes to be of benefit to the community. For example, at one time this City owned and operated a railway and we could, if Council felt it had merit, operate an airline, establish and operate a manufacturing plant or develop a film production facility. Those are the sorts of activities which would not be within the capacity of a municipality created under the Municipalities Act. In short, the scope of enterprise which lies within the power of The City of Saint John is, from a legal perspective, limitless. Obviously, in practice there are constraints, perhaps the greatest being access to capital. However, if Council were interested in entering into revenue generating activity (not of a taxing nature) the City as a result of its common law status is positioned favourably to do so. In short, the nature and range of activity able to be undertaken by the City of Saint John is limited only by its imagination and access to capital. In addition to conferring upon the City the powers of a natural person, the Charter also granted specific governmental or law- making capacity to the City. 0 Corrunon Council City Solicitor May 24, 2012 Page 3 Re: The Govemment of The City of Saint John Much of this was reflective of the state of development of the community two centuries ago. In the interim the Legislature has given municipalities law making powers in several critical areas. The Municipalities Act is the prime contemporary source of that power. It is noteworthy that the Municipalities Act and the Charter work hand in hand, though in the case of conflict or inconsistency, the Municipalities Act prevails. I would note parenthetically that it is a neat legal question whether in any particular circumstance a conflict exists between pieces of legislation. The Municipalities Act provides every municipality in the Province with the authority to enact by -laws with respect to the "services" which the Act enables a municipality to provide — these include fire protection, roads and streets, regulation of traffic, water, sidewalks, sewerage, garbage and refuse collection and disposal, industrial development and promotion, housing, recreational and sports facilities and programs, etc. As broad as the powers enjoyed by the City are, it must be recognized that they can be altered or even abolished altogether by the Legislature. The existence of municipal government is not guaranteed by the Constitution and as a result municipalities exist at the pleasure of their respective legislatures. Please excuse my departing from the strict format of this correspondence, as I comment that achieving constitutional recognition of local government would undoubtedly be among the most effective means of assuring long term viability of municipalities in this country. The Corporation of The City of Saint John like every corporation has an existence at law which is distinct from that of its members. A corporation is an artificial construct and being intangible it must operate and express its will through human actors. This is where the Common Council enters the picture. 2. The Common Council of The City of Saint John and its Members — roles and relationships The Charter provides that all the powers of the corporation are vested in and exercisable by the Common Council, meaning in effect that the Council is the agent of the Corporation. The same provision is repeated in Section 9(1) of the Municipalities Act: "The powers of a municipality are vested in and shall be exercised by its council.' For the sake of consistency and a common understanding, I point out that the Municipalities Act defines "council" as " ... 7 Common Council May 24, 2012 Re: The Government of The City of Saint John City Solicitor Page 4 the mayor and councillors" and the term "member of council" to mean " ... any person elected to a council." The Municipalities Act specifically stipulates that: "10.2(2) All decisions of a council shall be a) made at a regular or special meeting of the council, and b) adopted by a by -law or resolution of the council. " The Act differentiates between "council" and a "committee of council', the latter including a Committee of the Whole of Council. Individually, members of Common Council have no authority to bind the corporation of the City or to establish the Corporation's position on any matter. Similarly, members of Council collectively have no such authority except when they act at a duly convened meeting of the Council. On occasion in the past Council members have made reference to or sought to promote what they have referred to as "caucus" meetings where the business of the Corporation would be discussed in a forum which was neither a Council meeting nor a Committee of the Whole meeting. This notion is inconsistent with local government in New Brunswick. Such a gathering for purposes of discussing and debating topics which would normally be the subject of Council deliberation is improper. The spring of 2003 saw amendments to the Municipalities Act which addressed the duties of a mayor and those of a councillor. They warrant reproduction here: "36(1) The mayor of a municipality shall (a) preside at all meetings of council, except as provided for otherwise in a procedural by -law enacted pursuant to section 10.3 or in a municipal charter or a private or special Act, (b) provide leadership to council, (c) communicate information and recommend actions to council for the improvement of the municipality's finances, administration and government, 0 Common Council City Solicitor May 24, 2012 Page 5 Re: The Government of The City of Saint John (d) speak on issues of concern to the municipality on behalf of council, and (e) perform any other duties conferred upon him or her by this or any other Act or by council. 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. " It is also noteworthy that those amendments repealed a long standing provision which had established the mayor as the chief executive officer of a municipality. That status, and there was some difference of opinion as to its significance, no longer exists. As well the most recent changes to the Act stipulate that: "36(1.1) Notwithstanding subsection (1), the mayor of a municipality is subject to the direction and control of council and shall abide by the decisions of council. " It has sometimes been said that the mayor is "the first among equals" and that in my opinion continues to be the case. There is one other matter I would draw to Council's attention respecting the role of Common Council and it has to do with the manner in which that role is performed. There are instances when the legitimate exercise of power demands adherence to certain procedural formalities or requirements. The D Common Council City Solicitor May 24, 2012 Page 6 Re: The Government of The City of Saint John most common example is probably the processing of an application for the rezoning or redesignation of a property. If the process required by statute or common law is not clearly adhered to, a decision which would otherwise be within the City's authority, will be subject to a declaration of invalidity issued by the court. 3. Public Access to the local government of the City One of the most significant legislative initiatives respecting the operation of municipal government in the Province, in my view, received Royal Assent in April of 2003. It was one which materially enhanced the right of public access to the process of local government. It is worthwhile to briefly review the legislative history of this topic in New Brunswick. In 1973 when the New Brunswick Statutes were last revised, the Municipalities Act made no mention of access to meetings of Common Council. The common law prevailed at that time and as a result there was very limited access as of right, to the process of local government. A provision was added to the Act in 1981 requiring that: "10.2 All decisions of municipal council must be made or ratified in open public council meetings. " Under this arrangement a complex, controversial and critical issue having very significant consequences for the community could be disposed of in an open public council meeting with no more than a motion made, seconded and adopted, ratifying a decision taken at a private council meeting. The following year, 1982, saw that provision repealed and replaced with a more expansive arrangement: "10.2(1) All regular and special meetings of a council shall be open to the public. 10.2(2) All decisions of a council shall be made in a regular or special meeting of the council. 10.2(3) Except where otherwise directed by council, a meeting of a committee of council may be open or closed to the public as determined by the committee. " 10 Common Council May 24, 2012 Re: The Government of The City of Saint John City Solicitor Page 7 It is noteworthy that the revised s. 10.2 would permit the substance of any issue to be dealt with in a private meeting of committee of council and then brought to an open session for a formal decision. There would be no assurance of public access to council deliberations. In 2003, the Legislature opened the door wide, perhaps as wide as reasonably possible providing that except for a Council's discussing stipulated topics, all discussions by a Council must occur at a meeting open to the public. As a result the overarching principle respecting access to the process of local government is that all meetings of Council or a Committee of Council are open to the public unless it is necessary to discuss a subject, the open discussion of which would prejudice the financial or legal interests of the municipality or the privacy or financial interests of other persons. The discussion of such a topic may occur at a meeting from which the public is excluded. I have attached a copy of the relevant provisions of the Act for ease of reference. As is often the case, while it is not too difficult to state the operative principle animating the legislation, its application in particular circumstances can be more challenging. In such cases I will provide advice to assist Council or the Committee in determining whether excluding the public is appropriate. In those instances where the public is to be excluded from a meeting, a resolution to that effect must be adopted which must identify clearly by reference to the legislation, the type of matter to be discussed. Vigilance must also be exercised in such meetings to avoid straying into discussion of related matters which do not warrant exclusion of the public. In short, it is my view that the current legislation opens to the public the deliberation of the Council or Council Committee together with the supporting information made available to them, except in those cases where direct provision has been made for exclusion of the public. 4. Liability of Members of Common Council Members of Council may attract personal liability in that role in basically four ways: civil liability for breach of the conflict provisions of the Municipalities Act; criminal liability for breach of the Criminal Code provisions respecting the behaviour of municipal officials; illegally dealing with municipal property or funds; and defaming someone in bad faith. 11 Common Council City Solicitor May 24, 2012 Page S Re: The Government of The City of Saint John A. Criminal Code The Criminal Code makes it an indictable offence for a municipal official to demand, accept or offer or agree to accept a loan, reward, advantage or benefit of any kind as consideration for: i. abstaining from voting in a meeting of a municipal council or committee, ii. voting in favour of or against a measure, a motion or a resolution, iii. aiding in procuring or preventing the adoption of a measure, a motion or a resolution, iv. performing or failing to perform an official act. A person convicted of such an offence is liable to imprisonment for a term of up to five years. B. Conflict provisions of the Municipalities Act Members of Council have a fiduciary duty to the City similar to that owed to a private or public corporation by its directors. Consequently, the common law would characterize as a breach of trust any instance where personal interests conflict with the interests of the corporation. The Municipalities Act has codified a portion of the common law treatment of the "trust" relationship between members and the corporation by identifying circumstances which constitute conflict and providing for a mandatory disclosure process as well as penalties for breach of the statutory requirements. The Municipalities Act identifies four circumstances in which a member would have a conflict of interest: 1. Where the member or a family associate has or proposes to have an interest in any contract in which the Council has an interest, or has an interest in any other matter in which the Council is concerned that would of financial benefit to him or the family associate; 12 Common Council City Solicitor May 24, 2012 Page 9 Re: The Government of The City of Saint John 2. Where the member, his nominee or a family associate is a shareholder in or a director or senior officer of a private company that has or proposes to have an interest in any contract with the City; or has an interest in any other matter in which the Council is concerned that would be a benefit to the private company; 3. Where the member, his nominee or a family associate has a controlling interest in or is a director or senior officer of a public company that has or proposes to have a contract with the City; or has an interest in any other matter in which the Council is concerned that would be of financial benefit to the public company; 4. Or the member or a family associate would otherwise benefit financially by a decision of Council in any contract, proposed contract or other matter in which the Council is concerned. The term "family associate" is defined to include a spouse, parent, child, brother or sister. The conflict provisions of the Municipalities Act also apply to any body whose entire membership is appointed under the authority of Council. The latter would include for example, the Planning Advisory Committee, Heritage Preservation Review Board, Rockwood Park Advisory Board, Harbour Station Commission, Aquatic Centre Commission, Power Commission of the City of Saint John, Transit Commission and the Saint John Industrial Parks Ltd. It would not apply to the Saint John Development Corporation, the Harbour Bridge Authority, or the Greater Saint John Economic Development Commission Inc. (Enterprise Saint John). A member who has a conflict is obliged upon taking office and thereafter whenever a conflict arises, to file with the Common Clerk a disclosure of conflict in the prescribed form. This need not, however, identify the details of any financial interest which creates the conflict. This disclosure information is available for examination by the public at the Clerk's Office. When a matter with respect to which a member has a conflict arises at a meeting of Council or of a Committee of Council, the member must declare the conflict at once and then leave the room in which the meeting is held until the meeting has concluded with the matter in question. 13 Common Council City Solicitor May 24, 2012 Page 10 Re: The Government of The City of Saint Jolm The Act also prohibits a member from accepting any fees, gifts, gratuities or other benefits that could be reasonably seen to influence a decision made by him in his capacity as a member or to make use in any way of his position or privileged information of which he has knowledge by virtue of his position, for the purpose of personal gain or the personal gain of a family associate. Failure to file a disclosure of conflict or to declare a conflict and absent oneself from a meeting in accordance with the terms of the legislation is an offence the prosecution of which may be instituted at any time within three years following the offence. The penalties provided include a fine of between $120 and $10,000, removal from office upon terms prescribed by a court, prohibition from holding office for a specified period, return of any financial gain realized as a result of the conflict or any other order the court considers appropriate in the circumstances. Notwithstanding these penalty provisions, the court may grant an absolute discharge where it is the view that the violation was one of mere inadvertence and did not result in any personal gain to the person accused. C. Fiduciary Responsibilities The courts have held that members of Council expose themselves to personal liability in the event of the illegal treatment of public funds or other assets. It has been held to be an illegal expenditure of public funds to deliver them to other than those who have a legitimate claim upon them or to concur in the wrongful diversion of public property. The law is not static, statutes change and the courts' application of fundamental principles evolve. The current atmosphere relating to increased scrutiny of those who owe fiduciary duty with respect to the management of the assets of others whether they be directors of publicly traded companies or senior levels of government should, I believe, elicit caution in the municipal government sphere with respect to public property. The general rule is that a member of Council will not be personally liable for the consequences of a decision provided his position was reasonable and held in good faith. When a decision involves the expenditure of public funds or the disposal of public property, I would suggest that members of Council are best served if they presume that the standard to be applied will be a high one. For example, in the past there have been occasions when groups supporting clearly worthy causes have asked that City land be conveyed to them for a nominal sum. My advice had been that this is not an appropriate disposal of public property if it in fact has more than nominal value. However, 14 Common Council City Solicitor May 24, 2012 Page 11 Re: The Government of The City of Saint John as an example of the law's evolution, the Municipalities Act in Section 90.01 now enables a municipality to make a grant to defined categories of recipient when Council is of the opinion that "... the grant will assist in the development of the municipality ". D. Defamation Members of Council enjoy a qualified privilege with respect to their comments made at a Council meeting with respect to a matter which is before the Council. That means that they will be protected from liability for a claim for defamation if they speak their mind honestly on matters of local concern. The reason for this protection is to encourage free and frank expression on any matter which the member believes affects the interests or welfare of the inhabitants of the municipality. However, if their expression was uttered with malicious intent, intent to harm or reckless disregard for its truthfulness, then the protection dissolves and the member is exposed to personal liability. 5. The relationship between Common Council and the civic administration. Though this final topic is of foundational importance its essence can be described quickly and clearly — the applicable legislation has been designed to guarantee that Council receives truly independent advice on matters of policy, fiscal and legal concern from the City Manager, Commissioner of Finance and Administrative Services and City Solicitor respectively. Private legislation commonly referred to as the City Government Act (an Act to Provide for the Government of the City of Saint John, 1936, Chapter 94, 1 Edward VIII, 1936) sets out amongst other things, the administrative framework for the municipal government of the City. Its provisions continue to apply unless in conflict or inconsistent with provisions of the Municipalities Act. With respect to the administrative framework established by the City Government Act, its provisions are not inconsistent or in conflict with those of the Municipalities Act. The City Government Act stipulates as follows in a provision adopted in 1961: "s.14(6) The Common Council may appoint a person having suitable qualifications as supervising director of all departments of the municipal government of the said City, to be known as the `City Manager' or as he may be otherwise called 15 Common Council May 24, 2012 Re: The Government of The City of Saint John City Solicitor Page 12 by the Council. Such person shall devote his whole time to the business of the city and be paid a salary to be determined by the Common Council. He shall exercise control of and supervision over the several directors of the said departments, including, but not to limit the generality of the foregoing, the appointment, promotion and dismissal of employees, and shall in all such matters be responsible to the Common Council for the efficient administration of the several departments; provided, however, that this section shall not be deemed to apply to or affect the Common Clerk and the City Solicitor of the City of Saint John who shall not be under the co- ordination and supervision of such City Manager, but shall be directly responsible to the Council, and the employees of these departments shall be under the control and supervision of the said Common Clerk and City Solicitor. " An amendment to the Act in 1966 provides that the Commission of Finance (now Commissioner of Finance and Administrative Services) as well shall be directly responsible to Common Council. As you can see from the foregoing excerpt the City Manager's role with respect to the control and supervision of the members of the administration of the City does not extend to the Common Clerk or to the Commissioner of Finance or to the City Solicitor. Each of these positions reports directly to Council and the Common Clerk and the City Solicitor are responsible for the control and supervision of employees within their respective departments. While independence in reporting to Council is the hallmark of this arrangement, collaboration and coordination should characterize the working relationship between these positions in order to best serve the Municipality's interests. The structure established by the City Government Act is uncommon and I would opine uncommonly prudent. As I have stated on several occasions to previous Councils and to the City Manager, the Commissioner of Finance & Administrative Services and the Common Clerk, considerable comfort should be taken in this structure because it establishes a very robust system of ensuring that Council receives pertinent, independent advice from each of those important perspectives, prior to taking a decision. It is difficult to imagine a structure better balanced or more responsive to the effective functioning of Common Council. 16 Common Council City Solicitor May 24, 2012 Page 13 Re: The Government of The City of Saint John There is a simple felicity between the administrative structure established by the City Government Act and a Council's answering the three questions which it can always ask when considering a proposed course of action: (1) Do we want to do it? (a policy question); (2) Do we have the authority to do it? (a legal question); and (3) Do we have the money to do it? (a financial question). During the term of the previous Council there was occasion to address from a legal perspective the relationship between the civic administration and individual members of Council. In short from a legal perspective that relationship is the same as that between any citizen of the City and the Civic Administration. I have attached a copy of the latter opinion for your reference. At the outset I indicated that this correspondence was designed to be an introduction of a few topics which are fundamental to an appreciation of the operation of the government of The City of Saint John. If it serves only as a point of reference for future discussion and questions, then it will have served a worthwhile purpose. Respectfully Submitted, John Nugent City Solicitor Attachs. 17 The city of Saint John /�' SAINT JOHN Section 10.2(4)(b,1) COMMITTEE -OF- THE -WHOLE March 27, 2009 Committee of the Whole of Common Council of The City of Saint John Mayor Court and Committee Members: City Solicitor's Office Bureau de Pavocat municipal Re: Relationship with the Civic Administration Common Council at its meeting of January 5, 2009 referred the following motion to me: RESOLVED that City staff will provide information to individual Councillors upon request. That motion engages the following fundamental questions: • what is the role and authority of a Council with respect to the civic administration? • what is the role and authority of an individual member of Council with respect to the civic administration? This correspondence has been prepared to address those questions and it will begin with a brief overview of the nature and extent of the status of the organization of The City of Saint John. ... /2 P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 18 Committee of the Whole March 27, 2009 Re: Relationship with the Civic Administration City Solicitor Page 2 The Corporation of The City of Saint John was brought into existence by Royal Charter granted to the inhabitants in 1785 by the first Governor of New Brunswick Thomas Carlton. The Charter states that it was granted upon the petition of His Majesty's subjects living in this area. Presumably they sought incorporation in order to achieve a unified identity. There was some question as to the legal effect of certain provisions of the Charter and to eliminate any doubt in this respect, the Legislature confirmed the Charter in its entirety by statute. Thus it can fairly be said that the City is a creature of the Legislature and its authority is that delegated to it by the Legislature. The Corporation was initially and continues to be comprised of the inhabitants within defined geographic boundaries. This Corporation like every corporation has an existence at law which is distinct from that of its members. A corporation is an artificial construct and being intangible it must operate and express its will through human actors. This is where the Common Council enters the picture. The Charter provides that all the powers of the Corporation are vested in and exercisable by the Common Council, meaning in effect that the Council is the agent of the Corporation. The same provision is found in Subsection 9(1) of the Municipalities Act: "9(1) The powers of a municipality are vested in and shall be exercised by its council. " For the sake in consistency and a common understanding, please note that the Municipalities Act defines "council" as: "the mayor and councillors" and the term "member of council " to mean "... any person elected to a council ". Individually members of Common Council have no authority to bind the Corporation of the City or to establish the Corporation's position on any matter. In other words, an individual member of Council has no authority to act on behalf of the Municipality. The City as a common law corporation has been delegated the power to establish an organizational structure for a workforce and to populate it with employees. This was subsequently modified somewhat by the Legislature which modification will be dealt with later. The point to be noted for our present purposes is that any employment relationship established is one between the City through the agency of its Council and the employee, not a relationship involving one or more members of Council individually. In other words, it is the Council which has been delegated the power and authority to establish, populate and oversee a workforce and no delegation of authority to a member of Council individually exists in that regard. /3 19 Committee of the Whole March 27, 2009 Re: Relationship with the Civic Administration City Solicitor Page 3 The leading text on municipal law in Canada The Law of Canadian Municipal Corporations (I. MacF. Rogers) puts it succinctly: "Moreover, they [members of council] have no authority to act for the corporation, except in conjunction with other members constituting a quorum. " The proposed motion would effectively operate to delegate to members of Council individually the Council's authority to deploy the human resources of the Corporation. By its language it would operate to have an individual member of Council exercise his or her unfettered discretion in determining the matters an employee would pursue in the acquisition of information requested by the Council member. That a recipient of delegated authority, i.e. the Council, cannot re- delegate that authority without express or implied permission is encapsulated in the maxim delegatus non potest delegare. The Supreme Court of Canada in Moreau - Berube v. New Brunswick (Judicial Council), Her Majesty the Queen in Right of the Province of New Brunswick as Represented by the Office of the Executive Council, and the Judicial Council, v. Judge Jocelyne Moreau - Berube [2002] S.C.J. No. 9, quoted with approval from the reasons of Gonthier also of the Court in Therrien (Re) v. The Minister of Justice and the Attorney General of Quebec et al [2001] 2 S.C.R. 3, as follows: "It is settled law that a body to which a power is assigned under its enabling legislation must exercise that power itself and may not delegate it to one of its members or to a minority of those members without the express or implicit authority of the legislation, in accordance with the maxim hallowed by long use in the courts, delegatus non potest delegare. " (para. 65) The question then becomes: Has the Legislature provided Council with the permission to re- delegate the authority which it has received from the Legislature in this regard? ... /4 20 Committee of the Whole March 27, 2009 Re: Relationship with the Civic Administration City Solicitor Page 4 Answering that question requires an examination of the relevant legislation delegating authority to the Council. As previously noted the Charter stipulates that all the powers of the Corporation of the City are vested in and exercisable by the Council. There is no express authority for Council to re- delegate its power respecting its relationship with employees of the Corporation; nor in my opinion does the language of the Charter provide any such authority by implication. The Municipalities Act by contrast does expressly address re- delegation of authority by a Council. Like the Charter the Act as noted previously states that the powers of a municipality are vested in and shall be exercised by its council (s.9(1)). It goes on to state that: "4(3) A municipality may provide for, create, alter and abolish ... officials ... of the municipality and delegate administrative powers and duties to them. " The re- delegation countenanced by Subsection 4(3) is clearly restricted to administrative powers and duties. The authority sought to be delegated by the motion in question is entirely discretionary in the individual member of Council and is not administrative in nature. As a result it is my opinion that there exists neither explicitly nor impliedly authority for Council to re- delegate its powers with respect to the work activities of municipal employees. To adopt the motion would constitute an unlawful delegation of authority and if it were adopted I would fully expect that a judicial challenge to it would succeed. Being an unlawful delegation of authority, the implementation of such a resolution would also constitute an unlawful expenditure of public funds. The motion is legally problematic from another perspective as well — it would if adopted be contrary to the provisions of the City Government Act which provides in Section 14(6): ...15 21 Committee of the Whole March 27, 2009 Re: Relationship with the Civic Administration City Solicitor Page 5 "The Common Council may appoint a person having suitable qualifications as supervising director of all departments of the municipal government of the said City, to be known as the `City Manager' or as he may be otherwise called by the Council. Such person shall devote his whole time to the business of the city and be paid a salary to be determined by the Common Council. He shall exercise control of and supervision over the several directors of the said departments, including, but not limit the generality of the foregoing, the appointment, promotion and dismissal of employees, and shall in all such matters be responsible to the Common Council for the efficient administration of the several departments; provided, however, that this section shall not be deemed to apply to or affect the Common Clerk and the City Solicitor of the City of Saint John who shall not be under the co- ordination and supervision of such City Manager, but shall be directly responsible to the Council, and the employees of these departments shall be under the control and supervision of the said Common Clerk and City Solicitor. " S.N.B. 1960 -61 C. 130 It is abundantly clear that if individual members of Council were able to require a City employee to pursue the question they might pose, then to that extent the control and supervision of the activity of those employees would be beyond the City Manager's reach. It would be a material interference with the City Manager's statutorily determined duty and power to supervise and control — he could hardly be accountable 'for the efficient administration of the several departments" if he could not determine the deployment of human resources therein. Furthermore such an arrangement would potentially give rise to a claim by a City Manager that his terms of employment had been frustrated by the Council. Altogether an unacceptable arrangement. While the adoption of the motion in question, or one similarly focused, is ill advised from a legal perspective that is not to leave the impression that a Councillor's every inquiry must be submitted to Council for approval. Just as citizens might query a department head or other senior staff on an aspect of the City's policies or operations, so might an individual member of Council. It is my experience that when members of Council express an interest in gaining a deeper understanding of any aspect of the City's authority, policies, structure or ... /6 22 Committee of the Whole March 27, 2009 Re: Relationship with the Civic Administration City Solicitor Page 6 operation that is encouraged and supported by the civic administration. That has occurred based upon judgments made by senior staff without any detailed or prescriptive policy statement or legal direction. Ironically the historical practice might have been more liberal than the law would strictly countenance. Nonetheless, I trust that an informed understanding of the relationship between members of Council individually and City employees will be valuable in shaping future interactions. Respectfully Submitted, John L. Nugent City Solicitor 23 v' I CHAPTER M -22 Municipalities Act 10.1(1)Unless disqualified to vote by reason of interest or otherwise upon a by -law, resolution, motion or for any other purpose, each member present, including the mayor, shall announce his or her vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. 10.1(2)Notwithstanding subsection (1), a municipality may, in a procedural by -law enacted pursuant to section 10.3 or in a municipal charter or private or special Act of the municipality, provide that the mayor shall not vote except to have a casting vote in the event of a tie. 1975, c.40, s.1; 2003, c.27, s.5. 10.2(1)Subject to subsection (4), all regular and special meetings of a council shall be open to the public. 10.2(2)All decisions of a council shall be (a)made in a regular or special meeting of the council, and (b)adopted by a by -law or resolution of the council. 10.2(2.1)No act or decision of a council is valid unless it is authorized or adopted by a by -law or resolution at a council meeting. 10.2(3)Subject to subsection (4), all meetings of a committee of council shall be open to the public. 10.2(4)If it is necessary at a meeting of a council or a committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion: (a)information the confidentiality of which is protected by law; (b)personal information; (c)information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (d)the proposed or pending acquisition or disposition of land for a municipal purpose; (e) information that could violate the confidentiality of information obtained from the Government of Canada or from the Province; (f)information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client-in -a matter of municipal-business; - - - - - - - - - - 24 (Mitigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal; (h)the access to or security of particular buildings, other structures or systems, including computer or communication systems, or the access to or security of methods employed to protect such buildings, other structures or systems; (i)information gathered by police, including the Royal Canadian Mounted Police, in the course of investigating any illegal activity or suspected illegal activity, or the source of such information; or (j)labour and employment matters, including the negotiation of collective agreements. 10.2(5)If a meeting of a committee of council is closed to the public pursuant to subsection (4), no decisions shall be made at the meeting except for decisions related to (a)procedural matters, (b)directions to an officer of the municipality, or (c) directions to a solicitor for the municipality. 10.2(6)If a meeting is closed to the public pursuant to subsection (4), a record shall be made containing only the following: (a)the type. of matter under subsection (4) that was discussed during the meeting; and (b)the date of the meeting. 10.2(7)The xecord made under subsection (6) shall be available for examination by the public in the office of the clerk during regular office hours. 1981, c.52, s.1.1; 1982, c.43, s.2; 2003, c.27, s.6. 25 Common Council Orientation Elizabeth Gormley Common Clerk May 30, 2012 W. • Common Council acts as a body setting policy guided by: — The Charter of the City of Saint John — The City Government Act — The Municipalities Act — The Community Planning Act — The Archives Act — The Public Records Act and other applicable legislation — By -laws — Council's Procedural By -law • Individual Council members cannot make decisions that have any effect unless approved by Common Council • Individual Council members should feel free to ask staff for information di (i� 27 Common Council debates issues in • Regular Meetings • Committee of the Whole Meetings (COW) Open Session • Committee of the Whole Meetings Closed Session (all COW meetings begin in open session) • Special Meetings • Emergency Meetings 0: (i� • Regular meetings scheduled every 2nd Monday in Council Chambers • "Off Mondays" are reserved if required • Meetings are chaired by the Mayor • Respectful and orderly debate — 3 minute time limit • Conflict of Interests are declared • Debate restricted to items on the agenda • Debate occurs with Council not staff • Council members address questions /comments to the Mayor • Procedural issues raised by members and ruled on by the Mayor • Senior staff provides advice — Council makes decision • Regular meetings broadcast on cable TV and webcasted 29 • Prepared by the Common Clerk • Submissions from Council members to Clerk's office by 4 p.m. the Thursday before meeting • Submissions include background information and a proposed motion • Agenda items are for open session unless Council decides they are to be in closed session by referencing the Municipalities Act (attached section 10.2(4) of the Municipalities Act) • Council receives agenda packet electronically Friday before the meeting • Record of meetings are kept by the Common Clerk and are resolutions tracked Q� 01 Mayor's Role • Outlined in Local Government Resource Manual Council's Role • Outlined in Local Government Resource Manual 31 • Some committees are legislated • Others committees are by Council resolution • Committee mandates and structure differ • Common Council appoints to committee members by a recommendation of the Nominating Committee 32 • Growth & Development Standing Committee • Urban Environment Standing Committee • Transportation & Environment Committee • Saint John Water Committee • Coordinating Committee 33 (i� To be delivered late summer /early fall — Council will be advised (i� 34 �, ; \9) BY -LAW NUMBER M -5 A BY -LAW RESPECTING THE PROCEDURES OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN Section 1 SHORT TITLE 1.1 Citation Section 2 INTERPRETATION 2.1 Clerk - defined 2.2 Committee - defined 2.3 Committee of the Whole - defined 2.4 Corporation - defined 2.5 Council - defined 2.6 Councillor - defined 2.7 Deputy Mayor - defined 2.8 Hearing - defined 2.9 Holiday - defined 2.10 Mayor - defined 2.11 Meeting - defined 2.12 Member - defined 2.13 Point of information - defined 2.14 Point of order - defined 2.15 Point of procedure - defined 2.16 Presiding Officer - defined 2.17 Question of privilege - defined 2.18 Quorum - defined 2.19 Recorded vote - defined 2.20 Rules of procedure - defined 2.21 Sergeant -at -Arms - defined 2.22 Special committee - defined 2.23 Whole of Council - defined Section 3 GENERAL PROVISIONS 3.1 Rules - regulations - observed - by Council 3.2 Reference - Robert's Rules of Order 3.3 Conflict - Robert's Rules of Order 3.4 Conflict - statutory provisions 3.5 Rules - suspension - alteration - 2/3 consent - required 3.6 Quorum - majority of members 3.7 Quorum - not present - adjournment - exception 3.8 Decisions - Council - expressed - resolutions - by -laws 3.9 Resolutions - by -laws - passed - enacted - majority vote 3.10 Motion to Rescind 3.11 Motion to Reconsider 3.12 Adjournment - due to hour 3.13 Meeting - extension - not beyond 11:00pm 35 3.14 Adjournment - meeting not extended 3.15 Orders - authority - reserved - with Council 3.16 Recording - permitted - exception - closed meetings 3.17 Recording - broadcasting - permitted - conditions 3.18 Amendment - repeal - majority vote - required Section 4 MEETING 4.1 First meeting - Municipalities Act - applicable 4.2 First meeting - date - place - fixed by Clerk 4.3 Council business - Regular Meetings - Mondays 4.4 Regular meeting - location 4.5 Special meeting - other committee meeting - location 4.6 Holiday - meeting - next following day - not holiday 4.7 Public meeting - time - commencement 4.8 Public meeting - notice 4.9 Public meeting - notice - cancellation- rescheduled - change of time 4.10 Additional - subsequent meeting - majority vote 4.11 Audience - Council meeting - restrictions 4.12 Public member - expulsion - improper conduct 4.13 Regular Meetings - simultaneous interpretation Section 5 SPECIAL MEETING 5.1 Summoned - by Mayor - at any time 5.2 Summoned - by Clerk - majority - petition of Council 5.3 Notice - 24 hours in advance - requirements 5.4 Emergency - prior notice - not required 5.5 Emergency - notice - method - location 5.6 Business - stated - in notice - other - prohibited 5.7 Special meeting - notice - public Section 6 COUNCIL MEETINGS 6.1 Council Meetings - types 6.2 Open to Public - exception 6.3 Closed - shall be - reasons 6.4 Closed - compliance - statutory requirements Section 7 ORDER OF BUSINESS 7.1 Quorum - present - meeting - call to order 7.2 Mayor absent - Deputy Mayor - call to order - presiding 7.3 Mayor absent - Deputy Mayor - call to order - presiding 7.4 Quorum - not present - in 30 minutes- adjournment 7.5 Adjournment - agenda - consideration - subsequent Section 8 AGENDA 8.1 Agenda - order of business 8.2 Agenda - order of business - alteration 2 36 8.3 Consent agenda - consideration of recommendations 8.4 Headings - order - prepared by Clerk 8.5 Submissions - listed -- public matters 8.6 Delivery - to members - prior to meeting 8.7 Made available - to officials - staff 8.8 Made available - agenda - public 8.9 Not delivered - meeting valid 8.10 Submissions - to Clerk - deadline 8.11 Special meeting - preparation - requirements Section 9 REPORTS - PETMONS 9.1 included on agenda - by Clerk 9.2 Public Reports - Planning Advisory Committee Section 10 DELEGATION/PRESENTATIONS 10.1 Delegations /Presentations - request on agenda 10.2 Delegations/Presentations - permission to appear 10.3 Delegations/Presentations - submission of materials 10.4 Delegations/Presentations - requested - at meeting - two thirds consent 10.5 Delegations/Presentations - maximum duration 10.6 Delegations/Presentations - addressing Council 10.7 Delegations/Presentations - finalization of matters Section 11 ROLES - MAYOR, DEPUTY MAYOR, COUNCILLORS 11.1 Role of the Mayor - Preside - provide leadership 11.2 Deputy Mayor - appointment - by election 11.3 Deputy Mayor - absence - inability to act 11.4 Deputy Mayor - powers - duties 11.5 Councillors - Responsibilities - participation - duties 11.6 Presiding Officer - duties at meetings Section 12 RULES OF CONDUCT - DEBATE 12.1 Speaking - Presiding Officer - not to leave chair 12.2 Speaking - order - determined - by Presiding Officer 12.3 Speaker - recognition - by Presiding Officer 12.4 Speaking - twice only - exception - Council approval 12.5 Speaking - twice - all members heard from 12.6 Motion - member making - additional 3 minutes 12.7 Speaking - time limitation 12.8 Question - put through - Presiding Officer 12.9 Motion - in debate - read - at any time 12.10 Disturbance - disorderly conduct - prohibited 12.11 Insults - offensive words - prohibited 12.12 Disobedience - rules - Presiding Officer - prohibited 12.13 Disturbance - leaving seat - during vote - prohibited 12.14 Interruption - speaker - prohibited - exception 3 37 Section 13 QUESTION OF PRIVILEGE - POINT OF INFORMATION - ORDER 13.1 Consideration - immediate 13.2 Question of privilege - order - over all matters 13.3 Point of information - answer - by Presiding Officer 13.4 Speaker - interruption - decision - Presiding Officer 13.5 Presiding Officer - challenged - overruled - procedure 13.6 Call to order - member - decision to expel Section 14 CONFLICT OF INTEREST 14.1 Ethical standards - reporting conflicts 14.2 Disclosure - file with Clerk- upon assuming office 14.3 Disclosure of conflict - while in office 14.4 Disclosure - to be filed with Clerk's office 14.5 Disclosure - during meeting 14.6 Declaration of conflict - must not participate 14.7 Declaration - Clerk to record 14.8 Members required to withdraw - quorum Section 15 MOTIONS - ORDER 15.1 Moved - seconded - before debate - vote 15.2 Withdrawal - at any time - before vote 15.3 Public - to be heard - only after hearing 15.4 Motion Put - public participation - prohibited 15.5 Debate - amendment - permitted 15.6 In order - procedure 15.7 Adjourn - requirements 15.8 Adjourn - time specified - amendable 15.9 Proceed - beyond 10:00 p.m. - requirements 15.10 Tabling Motion - requirements 15.11 Put the question - requirements 15.12 Defer - certain time 15.13 Defer - Indefinitely 15.14 Refer - requirements 15.15 Amendment - requirement 15.16 Amendment - one at a time - limitation 15.17 Amendment - put - reverse order - voting procedure 15.18 Introduction - without notice - leave 15.19 Matter - on agenda 15.20 Procedure - introduced orally 15.21 Suspend - rules - regulations 15.22 Point of order - procedure - information - privilege 15.23 Other - routine - as required 15.24 Motion by Member - notice - to Clerk - time limitation 15.25 Motion by Member - printed in full - on agenda 15.26 Motion by Member - in writing - mover - signature 4 IN Section 16 VOTING 16.1 Motion - multiple - distinct propositions 16.2 Motion - after all spoken - put by Presiding Officer 16.3 Motion - put to vote - speaking - prohibited 16.4 Motion - vote - required - unless disqualified 16.5 Failure - to vote - deemed affirmative 16.6 Mayor - to vote 16.7 Equality of votes - decision - deemed negative 16.8 Method - recorded vote 16.9 Result - announced - by Presiding Officer 16.10 Result - disagreement - immediate - recorded vote 16.11 Recorded vote - when requested - or required 16.12 Recorded vote - all required to vote 16.13 Names - votes - negative - position - recorded 16.14 Majority - requirement- by by -law 16.15 Greater than majority - required - recorded vote Section 17 BUSINESS 17.1 New business - consideration - requirements 17.2 Motion - not on agenda - Presiding Officer - advised 17.3 Motion - not on agenda - staff request Section 18 BY -LAWS - RESOLUTIONS - CONTRACTS 18.1 Consideration - approval - by Council 18.2 Bylaws - three readings same day - not permitted 18.3 Reports, Resolutions - filed with the Common Clerk Section 19 NEWUTES 19.1 Information - requirements - taken by Clerk 19.2 Previous meeting - read aloud -- two thirds majority 19.3 Approval - regular and special meetings 19.4 Approval - closed meeting 19.5 Public Record - closed meeting Section 20 COADUTTEES 20.1 Establishment - standing committees - as necessary 20.2 Budget Committee of the Whole - establishment 20.3 Budget Committee of the Whole - responsibilities 20.4 Budget Committee of the Whole - Chair - Vice -Chair 20.5 Budget Committee of the Whole - meetings - day - time 20.6 Budget Committee of the Whole - business - procedure 20.7 Special Committee - Appointment - by Council 20.8 Chair - appointed - procedures - determined - Council 20.9 Work - report - complete - committee dissolved 20.10 Mayor - ex- officio member - all committees 20.11 Committee Meetings - open to public 5 39 Section 21 COMMITTEE OF TAE WHOLE - PROCEDURE 21.1 Agenda - prepared by Clerk 21.2 Agenda - delivery - to members - prior to meetings 21.3 Agenda - to officials - staff 21.4 Agenda - not delivered - meeting valid 21.5 Agenda - submission - filing deadline 21.6 Agenda - special meetings - preparation 21.7 Chair - to preside - all meetings - voting authority 21.8 Vote - equal - deemed - negative 21.9 Presiding Officer - powers - responsibilities 21.10 Quorum - majority of members 21.11 Meeting - day - time 21.12 Special meeting - called - by Chair 21.13 Special meeting - called - written request - majority 21.14 Special meeting - Committee of the Whole - procedures 21.15 Business - procedure - exceptions 21.16 Speaking - no limitations 21.17 Speaking - to motion - once - until all spoken 21.18 Recorded vote - not required 21.19 Motion - to close debate - prohibited 21.20 Chair - participation 21.21 Point of order - procedure - decision - Chair 21.22 Delegations - hearing of - rules 21.23 Delegation/Presentation - prior notice 21.24 Address - no notice - majority consent - required 21.25 Address - maximum duration 21.26 New motion - notice - in writing - deadline 21.27 Report - to Council - all matters - recommendations 21.28 Minutes - Committee of the Whole- taken by Clerk 21.29 Open meetings -exception 21.30 Proceedings - adopted - confirmed - by Council - motion 21.31 Recommendation - vote - requested Section 22 ENACTMENT 22.1 Effective date SCHEDULE Schedule `A' - Motions - Table of precedence W C PREAMBLE WHEREAS, the Province of New Brunswick Municipalities Act hereinafter referred to as the "Municipalities Act ", provides for the regulation of the meetings of the Common Council and the conduct thereof by By -law; AND WHEREAS it is deemed expedient that rules be made for the better regulation and conduct of such meetings, and that such rules be supplemental to and interpreted in accordance with the statutory provisions of the Municipalities Act; Be it enacted by the Common Council of The City of Saint John as follows; Section 1 SHORT TITLE 1.1 Citation This Bylaw may be cited as the "Procedural By- law." Section 2 INTERPRETATION 2.1 Clerk - defined " CIerk" means the Con-anon Clerk or the Assistant Common Clerk of the City of Saint John. 2.2 Committee —defined "Committee" means a committee provided for or created by Common Council. 2.3 Committee of the Whole - defined "Committee of the Whole" means a committee of Council composed of all of the members sitting in committee as Committee of the Whole_ 2.4 Corporation - defined "Corporation" means The Corporation of the City of Saint John. 2.5 Council - defined "Council" means the Mayor and Councillors of The City of Saint John 2.6 Councillor — defined "Councillor" means a member of Council other than the Mayor. 2.7 Deputy - defined "Deputy Mayor" means the member of Council who has been elected to act in the place or stead of the Mayor in the absence or incapacity of the Mayor. 2.8 Hearing — defined "Hearing" means a meeting of Council or that portion of a meeting of Council which has been given authority to conduct a hearing in matters pursuant to any legislation which requires Council to hear interested parties or to afford them an opportunity to be heard before taking action, passing a bylaw or making a decision. 2.9 Holiday — defined "Holiday" means any holiday as defined in the Interpretation Act. 2.10 Mayor - defined "Mayor" is the member of Council holding the office of Mayor. 2.11 Meeting - defined "Meeting" means any regular, special, or other meeting of the Council. 2.12 Member - defined "Member" means any person elected to the Council and includes the Mayor. 7 41 2.13 Point of information - defined "Point of information" is a request directed to the Presiding Officer or to another member or to staff of the Corporation, for information relevant to the business at hand, but not related to a point of procedure. 2.14 Point of order - defined "Point of Order" is the raising of a question by a member for the purpose of calling attention to any departure from this By -law or the customary modes or proceedings in debate or in the conduct of the Council's business including; (a) any breaches of the Procedural By -law; or (b) any defect in the constitution of any meeting of the Council; or (c) the use of improper, offensive or abusive language; or (d) notice of the fact that the matter under discussion is not within the scope of the motion; or (e) any other informality or irregularity in the proceedings of Council. 2.15 Point of procedure - defined "Point of Procedure" is a question directed to the Presiding Officer to obtain information on a matter of the procedural rules or the rules of the Council bearing on the business at hand in order to assist a member to make an appropriate motion, raise a point of order or understand the parliamentary situation or the effect of a motion. 2.16 Presiding Officer - defined "Presiding Officer" means the Mayor or in his /her absence the Deputy Mayor, or in the absence of both of them, the member appointed under Section 11.3 to act in their absence, while presiding at meetings of Council. 2.17 Question of privilege - defined "Question of Privilege" is the raising of a question or request for the immediate consideration of a matter affecting the comfort, safety or orderliness of a member or the Council collectively, when a member believes that another member has spoken disrespectfully towards him or the Council, or when he believes his/her comments have been misunderstood or misinterpreted by another member or members. 2.18 Quorum — defined A majority of all the members elected to the Common Council shall constitute a quorum at any regular or special meeting of the Common Council. 2.19 Recorded vote — defined "Recorded vote" means a vote taken by a show of hands. 2.20 Rules of procedure - defined "Rules of Procedure" means the rules and regulations provided in this Bylaw. 2.21 Sergeant -at -Arms — defined Any member of the City Police shall be a Sergeant -At -Arms on call of the Presiding Officer. 2.22 Special committee - defined "Special Committee" means a committee of Council except Committee of the Whole which is established to consider and report on a specific subject, project, or undertaking. 2.23 Whole of Council — defined "Whole of Council" means those members of Council, including the Mayor, who are not disqualified from voting. Section 3 GENERAL PROVISIONS 3.1 Rules - regulations - observed - by Council The rules and regulations contained in this Bylaw shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business in Council, committees and Committee of the Whole. 42 3.2 Reference - Robert's Rules of Order When any matter relating to proceedings in Council or in committees or Committee of the Whole arises which is not covered by a provision of this By -law, the procedure to be followed shall be decided with reference to Robert's Rules of Order (10 Edition). 3.3 Conflict - Robert's Rules of Order In the event of any conflict between the provisions of this By -law and the provisions of the authority referred to in Section 3.2 the provisions of this By -law shall apply. 3.4 Conflict - statutory provisions The provisions of this By -law are subject to any statutory provisions in effect from time to time and in the event of any conflict between such statutory provisions and the provisions of this By -law, the statutory provisions shall apply. 3.5 Rules - suspension - alteration - 2 /3consent required Notwithstanding any other provision of this By -law, in the absence of any statutory obligation the rules and regulations contained in this By -law may be suspended or altered for a single occasion with the consent of not less than two -thirds of the total membership of Common Council. 3.6 Quorum - majority of members A quorum of Council shall consist of a majority of the members of the Council. 3.7 Quorum - not present - adjournment - exception If at any meeting the number of members is reduced to less than a quorum, subject to the provisions of the Municipalities Act the Council meeting shall stand adjourned. 3.8 Decisions Council - expressed - resolutions - by -laws The Corporation makes decisions and expresses itself by Council passing resolutions and enacting by -laws. No act or decision of Council is valid unless it is authorized or adopted by a by -law or resolution at a Regular or Special Council meeting. 3.9 Resolutions - by -laws - passed - enacted - majority vote Except as otherwise provided, resolutions and by -laws are passed and enacted by majority vote. 3.10 Motion to Rescind The motion can only be made by a member who voted with the prevailing side, requires a two- thirds vote for adoption and can be applied to the vote on any motion except a) an affirmative vote whose provisions have been partly carried out; b) an affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; c) any vote which has caused something to be done that it is impossible to undo. 3.11 Reconsideration - any decision A motion to reconsider any action taken by the Common Council may be made only during the same meeting or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, takes precedence over all other motions, may be made at any time, requires a majority vote of the members present and it shall be debatable. Nothing herein shall be construed to prevent any member of the Common Council from making or remaking the same or any other motion at a subsequent meeting of the Common Council. 3.12 Adjournment - due to hour A regular or special meeting of Council shall adjourn no later than10:00 p.m. and shall reconvene at such other day and time as Council by resolution may direct. 3.13 Meeting - extension — not beyond I1 :00pm Notwithstanding Section 3.12, Council may agree to an extension of a meeting beyond 10:00 p.m., but not beyond 11:00 p.m. if a majority of the members agree to do so. �7 43 3.14 Adjournment - meeting not extended If a Council meeting is still in session at 10:00 p.m. or if extended, at 11:00 p.m. the Clerk shall rise to notify Council and members of the public that the meeting is adjourned and of the date and time to which the meeting is adjourned. 3.15 Orders - authority - reserved - with Council No order or authority for the Corporation or any of its employees to do any matter or thing shall be recognized as emanating from a committee or Committee of the Whole, the authority of committees and Committee of the Whole being limited to the making of recommendations to Council, provided, notwithstanding anything in this By -law to the contrary, a committee shall have the authority to direct employees to report to it on any matter within that committee's jurisdiction as set forth in this By -law. 3.16 Recording - permitted - exception - closed meetings Council and Committee of the Whole meetings may be recorded by the Clerk or his/her designate as a means of assisting in the preparation of the minutes of that meeting. 3.17 Recording - broadcasting - permitted - conditions Council and Committee of the Whole meetings which are not closed to the public in accordance with the provision of this By -law may be taped, televised or otherwise electronically or mechanically recorded by a cable television company or by any other licensed telecommunications company provided that such taping, televising or recording is carried out in a manner which does not interfere with proceedings at the meeting. 3.18 Amendment - repeal - majority vote - required This By -law may be amended or repealed by a majority vote of the whole of Council. Section 4 MEETING 4.1 First meeting - Municipalities Act - applicable The first meeting of Council after a regular election shall be held no later than the Fifteenth day in June following the CounciI's election. 4.2 First meeting - date - place - fixed by Clerk The first meeting of Council after a regular election shall be held at a time and place faxed by the Clerk. 4.3 Council business — Regular Meetings - Mondays Except for the first meeting in a term of Council or as otherwise provided regular meetings of Council shall be held bi- weekly on Mondays for the purpose of transacting all business of Council, with the provision for a Council and/or Committee of the Whole meeting as required on the alternate Monday. Business which was originally scheduled for a Regular Council meeting and is left unfinished or is to be reconsidered shall be scheduled for the next Regular Council meeting. 4.4 Regular meeting - location Unless otherwise specifically set out in the notice for a meeting, all regularly scheduled meetings of Council, shall be held in the Council Chamber Lobby Level, 15 Market Square, City of Saint John. 4.5 Special meeting - other committee meeting - location Special or closed meetings of Council, Committee of the Whole and Budget Committee of the Whole and meetings of other committees created under this By -law shall be held at a place and time set out in the notice for the meeting. 4.6 Holiday - meeting - following day - not holiday If a regular meeting falls on a holiday, the meeting shall be at the same hour on the following day not being a holiday, unless otherwise determined by Council. 10 .. 4.7 Public meeting - time - commencement Regular meetings referred to in Section 4.4 shall commence no earlier than 5:00pm and no later than 7:00 pm as determined by the Clerk and set out in the notice for the meeting. 4.8 Public meeting - notice The Clerk must give public notice of the time and place of a Regular Council, Committee of the Whole, Budget Committee of the Whole meeting by notifying the local media and by posting notice of the meeting on The City of Saint John web site (www.saintjohn.ca) the Friday before the date of the regular meeting. 4.9 Public meeting — notice — cancellation- rescheduled The Clerk must give public notice of a cancelled or rescheduled meeting or of the change of time or location by notifying the local media and posting notice to the public on The City of Saint John web site (www.saintjohn.ca) at least 24 hours before the date and time on which the Regular Council, Committee of the Whole, Budget Committee of the Whole meeting was to have been held. 4.10 Additional - subsequent meeting - majority vote Council by a majority vote of members present at a regular meeting of Council may determine that a subsequent meeting is to be held on a day or at a time different from that specified in Sections 4.3, 4.6 and 4.7. 4.11 Audience - Council meeting - restrictions Members of the public who constitute the audience in the Council Chamber during a Council meeting: (a) may not address Council without permission of the Council, (b) shall maintain order and quiet, (c) shall not interrupt or interfere with the proceedings, (d) shall not display signs or placards 4.12 Public member - expulsion - improper conduct Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while in the Council Chamber or addressing the Common Council and refuses to apologize or withdraw his/her remarks when so directed by the Presiding Officer, or willfully obstructs the conduct of business, and refuses to desist when called upon to do so by the Presiding Officer, may be ordered by the Presiding Officer to leave the Common Council Chamber for that meeting, and, if he/she refuses to do so, he /she may, on the order of the Presiding Officer, be removed from that meeting. If necessary the Presiding Officer shall seek the appropriate assistance from the Sergeant at Arms or any member of the Saint John Police Force. He /she, or they, shall carry out all orders and instructions given by the Presiding Officer for the purposes of maintaining order and decorum at the Common Council meeting. 4.13 Regular Meetings — simultaneous interpretation Simultaneous interpretation services in both official languages will be provided at all regular Council meetings. An inability to provide interpretation services will not invalidate the Council meeting or any proceedings thereat. Section 5 SPECIAL MEETING 5.1 Summoned - by Mayor - at any time The Mayor may, at any time, through the Common Clerk summon a special meeting of Council. 5.2 Summoned - by Clerk - petition of Council The Clerk, upon receipt of the petition of any three members, shall summon a special meeting for the purpose and at the time specified in the petition. 11 45 5.3 Notice — 24 hours in advance - requirements Except as provided in Sections 5.4 and 5.5, The Clerk must give at least 24 hours notice in writing, signed by the Mayor or members responsible for calling the special meeting, stating the date and hour of the meeting and the purpose for which the meeting was called, to each member, either: (a) by leaving a copy of the notice with the member; or (b) by leaving a copy of the notice at the place of residence or business of the member; or (c) by emailing a copy to the member's City email address. 5.4 Emergency - prior notice - not required The notice requirement in Section 5.3 shall not apply to a special meeting summoned to deal with an emergency. 5.5 Emergency - notice — method - location For an emergency meeting the Clerk shall use his/her best efforts to give notice of the emergency meeting and the purpose or purposes of the meeting to each member, either by email, verbally or in writing, and notice shall be given as far in advance of the meeting as practicable. An emergency meeting may be conducted in person or from remote locations by use of telecommunications equipment. 5.6 Business - stated - in notice - other - prohibited No business other than that stated in the notice shall be considered at the special meeting. Council may determine with the unanimous consent of the members present to suspend this provision. 5.7 Special meeting - notice - public The Clerk must give public notice of the time and place of a special meeting by notifying the local media and by posting notice of the meeting to the public on The City of Saint John web site (www.saintjohn.ca) 24 hours before the date and hour of the meeting. Section 6 COUNCIL MEETINGS 6.1 Council Meetings — Types There shall be the following types of Council Meetings: Regular, Special, Emergency and Legal. 6.2 Open to public - exception Unless a meeting or portion thereof is closed to the public in accordance with the terms of applicable Provincial legislation, a member of the public may be excluded or removed from a Council meeting only for misconduct. 6.3 Closed - shall be — reasons A meeting shall not be closed to the public unless and until the Council has adopted a resolution to that effect, which resolution must also state the basis under the Municipalities Act for doing so. 6.4 Closed - compliance - statutory requirements Council proceedings and the record to be kept thereof are subject to the provisions of the Municipalities Act, including those dealing with the obligations of members of Council to vote when present; the circumstances in which the public may be excluded from a meeting; the scope of decisions which may be made at a meeting closed to the public, as well as the record which must be kept of such a meeting and its availability to the public. For ease of reference excerpts of the Municipalities Act are appended to, but do not from part of this by- law. 12 Section 7 QUORUM 7.1 Quorum - present - meeting - call to order When there are sufficient members present to constitute a quorum at the time set for the commencement of the meeting or as soon thereafter as the quorum is present, the Mayor, or if the Clerk has been advised that the Mayor wiII be absent or late, the Deputy Mayor, shall take the chair and call the meeting to order. 7.2 Mayor absent - Deputy Mayor - call to order - presiding In the event the Mayor does not attend within ten minutes after the time appointed, the Deputy Mayor shall assume the chair, call the members to order, and if a quorum is present preside during the meeting or until the arrival of the Mayor. 7.3 Mayor - Deputy Mayor - absent - procedure In the absence of the Mayor and Deputy Mayor, if a quorum is present within ten minutes after the appointed time, the Clerk shall call the meeting to order and a Presiding Officer shall be chosen from the members present, who shall preside during the meeting or until the arrival of the Mayor or Deputy Mayor. 7.4 Quorum - not present - in 30 minutes - adjournment If there is no quorum within thirty minutes after the time appointed for the meeting, the Clerk shall record the names of all members present at that time and the meeting shall be deemed to be adjourned until the next regular meeting, unless a special meeting is called for that purpose in the meantime. 7.5 Adjournment - agenda - consideration - subsequent If Council is unable to meet for want of a quorum the agenda delivered for that Council or Committee meeting shall be considered at the next Council or Committee meeting prior to consideration of the agenda for the subsequent meeting or it shall be the agenda for a special meeting called for that purpose. Section 8 AGENDA 8.1 Agenda - Order of business The normal order of business for regular and special meetings of Council shall be as set forth in the agenda prepared by the Common Clerk. 8.2 Agenda - Order of business - alteration A member may, during a Council meeting, request that items on the agenda be rearranged in order to conduct the business before Council more expeditiously. 8.3 Consent agenda - consideration of recommendations The consent agenda items of business are considered to be routine and do not require debate or discussion. The items listed will be disposed of with one unanimous motion. Items on the agenda for regular meetings of Council including correspondence from citizens, groups and organizations and reports containing recommendations from the Clerk, from the Committee of the Whole, from other Committees, or from the Chief Administrative Officer or other Council Appointees may be adopted in a single motion of Council, but any of these items will be transferred to the regular agenda for consideration and debate upon the request of any member at the time of adopting the consent agenda. 8.4 Headings - order - prepared by Clerk Promptly at the hour set by this by -law on the day of each regular meeting, the Councillors., the Common Clerk, Chief Administrative Officer, City Solicitor and Mayor shall take their regular seats in the Council Chamber, and the business of the Common Council shall be taken up for consideration and disposition. 13 47 The Clerk shall prepare for the use of members at all Regular meetings of Council, other than Committee of the Whole, an agenda under the following headings: 1. call to order /invocation 2. approval of the minutes of previous meeting(s) of Council 3. adoption of agenda 4. disclosures of conflict of interest 5. adoption of consent agenda 6. members comments 7. proclamations 8. delegations/presentations 9. public hearing(s) 10. consideration of by -laws 11. submissions by Council members 12. business matters - Municipal Officers 13. committee reports 14. consideration of issues separated from consent agenda 15. general correspondence 16. adjournment 8.5 Submissions - listed - public matters The Clerk shall have prepared for the use of the members at all Regular Council meetings an agenda and Council kit, in electronic or printed format, which shall include all items in respect of the agenda matters. 8.6 Delivery - to members - prior to meeting The Clerk shall use his/her best efforts to ensure that copies of the agenda and Council kit for regular meetings of Council are delivered in printed format and /or distributed electronically to each member so that they will be received in each case by the Friday immediately preceding the Regular meeting. 8.7 Made available - to officials - staff The Clerk shall use his/her best efforts to ensure that electronic copies of the agenda and Council kit for regular meetings of Council are made available to all corporation officials and staff who are to receive copies thereof as determined by the Chief Administrative Officer on the Friday immediately preceding the meeting. 8.8 Made available— agenda- public Copies of the agenda shall be made available to the general public at the Office of the Common Clerk and on the website of The City of Saint John by 4:30 p.m. on the Friday preceding the meeting. 8.9 Not delivered - on schedule - meeting valid Failure by the Clerk to meet the schedule set out in Sections 8.6., 8.7 and 8.8 will not invalidate the Council meeting or any proceeding thereat. 8.10 Submissions - to Clerk - deadline All submissions for inclusion in the agenda for regular meetings of Council shall be submitted to the Clerk not later than 4:00 p.m. on the Thursday prior to the date on which the agenda is to be distributed to members. 8.11 Special meeting - preparation - requirements For special meetings, the agenda shall be prepared as the Mayor, or in the case of a petition, the Clerk, may direct. 14 .• Section 9 REPORTS - PETITIONS 9.1 Included on agenda - by Clerk On receipt of a petition intended for Council the Clerk may include it as an item on the agenda for the next regular meeting of Council for which the Clerk is accepting agenda items in full or in summary form as he /she sees fit. 9.2 Public Reports — Planning Advisory Committee If a public meeting has been scheduled at the direction of the Planning Advisory Committee prior to consideration of its report by Council, then all documents, staff reports and plans shall be made available for viewing before and at such public meeting of the Planning Advisory Committee. Section 10 DELEGATIONS/PRESENTATIONS - PUBLIC 10.1 Delegations/Presentations - request on agenda - prior notice When a member of the public or a representative of any group of persons seeks to address Council, he /she shall submit a request, in writing to the Common Clerk, addressed to the Mayor and Councillors prior to 4:00 pm on the Thursday preceding the scheduled Council meeting. The Clerk will include the request on the agenda of the next regular meeting. 10.2 Delegations/Presentations — permission to appear Upon considering the request to make a presentation or hear a delegation Council may; a) decline to hear the delegation/presentation or b) set a date, no earlier than the next regular meeting, to hear the delegation /presentation or c) instruct the CIerk to schedule a mutually convenient time and date to hear the delegation/presentation 10.3 Delegations/Presentations — submission of materials When a member of the public or a representative of any group is scheduled to address Council a copy of their presentation shall be submitted to the Common Clerk prior to 4:00 pm on the Thursday preceding the scheduled Council meeting. 10.4 Delegations/Presentations - requested - at meeting - majority consent No member of the public or representative of any group of persons will be permitted to address Council without the prior consent of two thirds of the total membership, other than persons entitled by statute to be heard or persons invited by notice authorized by Council, who have not been included in the agenda by the Clerk. 10.5 Delegations/Presentations - maximum duration - limitations Except with consent of Council, no member of the public shall address Council for more than fifteen minutes, exclusive of the time required to answer questions put to him/her by Council, except that a group of persons may have more than one spokesperson provided that the total length of time such spokesperson addresses Council shall not exceed fifteen minutes, exclusive of the time required to answer questions put to them by Council. 10.6 Delegations/Presentations — addressing Council Each member of the public or spokesperson on behalf of a delegation addressing the Council shall give his/her name and address. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Presiding Officer. No question shall be asked except through the Presiding Officer. 10.7 Delegations/Presentations — finalization of matters Finalization of matters presented by a delegation shall not be dealt with until after all items on the agenda have been dealt with. 15 Section 11 ROLES - MAYOR, DEPUTY MAYOR, COUNCILLORS 11.1 Role of the Mayor — preside — provide leadership The Mayor shall; (a) preside at all meetings of Council, except as provided for otherwise in this by -law (b) provide leadership to Council, (c) communicate information and recommend actions to Council for the improvement of the municipality's finances, administration and government, (d) speak on issues of concern to the municipality on behalf of Council, and (e) perform any other duties conferred upon him or her by this by -law or any Act or by Council. 11.2 Deputy Mayor - appointment - by election At the first meeting, Council shall elect a member to act as Deputy Mayor for the term of office of the Council 11.3 Mayor/Deputy Mayor — absence — inability to act In the absence or inability of the Mayor and Deputy Mayor to act, Council, by a majority vote, may appoint any other member to act in the place of the Mayor. 11.4 Deputy Mayor - powers - duties In the absence or inability of the Mayor to act, or if the office of Mayor is vacant, the Deputy Mayor shall act in the place of the Mayor, and while so acting, he /she possesses the powers and shall perform the duties of the Mayor as designated under the Municipalities Act and this By -law. 11.5 Councillors — responsibilities — participation - duties A Councillor 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. 11.6 Presiding Officer — duties at meetings It is the duty of the Presiding Officer to; 1. open meetings of Council by taking the chair and calling the meeting to order; 2. to receive and submit, in the proper manner, all written motions presented by members; 3. put to a vote all questions which are regularly moved and seconded or necessarily arise in the course of proceedings; 4. determine what motions or amendments are in order, subject to an appeal to Council, and decline to put any motion or amendment before Council which he /she deems to be out of order or contrary to law; 5. state every question coming before the Common Council, announce the decision of the Common Council on all subjects; 6. follow the rules of procedure and keep the members, when engaged in debate, within the rules of procedure; 7. observe and enforce on all occasions order and decorum among the members and the public; 16 50 8. call by name any member persisting in breach of the rules of procedure and, subject to a majority vote of members present, order him/her to vacate the Council Chamber; 9. consider proclamations and announce them to the Council; 10. authenticate by his/her signature, when necessary, all by -laws, contracts and other documents as required by statute or by -law; 11. respond to Council regarding points of order, when so requested by a member or members; 12. represent and support Council; 13. if he /she considers it necessary because of grave disorder, to adjourn the sitting or suspend the sitting for a time to be named by him/her. Section 12 RULES OF CONDUCT - DEBATE 12.1 Speaking - Presiding Officer The Presiding Officer may answer questions and may if he /she wishes, speak on a question, take a definite position and endeavor to persuade Council to support that position, while continuing to chair the meeting. The Presiding Officer will leave the chair if he/she wishes to introduce a motion. 12.2 Speaking - order - determined - by Presiding Officer When two or more members wish to speak, the Presiding Officer shall name the member who is to speak first. 12.3 Speaker - recognition - by Presiding Officer When a member wishes to speak at a Council meeting lie shall be recognized by the Presiding Officer before doing so. No member will speak on any subject other than the subject in debate. 12.4 Speaking - twice only - exception - Council approval Members shall not speak more than twice on a motion except with the consent of the Presiding Officer. 12.5 Speaking - twice - all members heard from No member shall speak a second time unless all members have had an opportunity to speak once. 12.6 Motion - member making - additional 3 minutes Notwithstanding Sections 12.3 through 12.5 inclusive, the member who has made a motion (other than a motion for an amendment or a procedural motion) shall be allowed to close the debate for a maximum of an additional three minutes after all other members have been given an opportunity to speak. 12.7 Speaking - time limitation A member shall speak for a maximum of three minutes each time when speaking on a main motion and three minutes each time when speaking on any amendment. 12.8 Question - put through - Presiding Officer A member may ask a question of a previous speaker only through the Presiding Officer and the question must relate to the speaker's remarks but, in any event a member may ask a question of the Presiding Officer or of staff through the Presiding Officer prior to the motion being put to a vote. 12.9 Motion - in debate - read - at any time Any member may require the motion under debate to be read at any time during the debate. 12.10 Disturbance - disorderly conduct - prohibited No member shall disturb the proceedings of Council or another member by any disorderly conduct. 17 51 12.11 Insults - offensive words - prohibited No member shall use offensive words or insulting expressions in referring to Council, any other member, any employee of the City or any member of the public. 12.12 Disobedience - rules - Presiding Officer - prohibited No member shall disobey the rules of procedure or decision of the Presiding Officer or of Council on questions of order or practice or upon the interpretation of the rules of procedure. 12.13 Disturbance - leaving seat - during vote - prohibited No member shall leave his /her seat or make any noise or disturbance while a vote is being taken or until the result is declared. 12.14 Interruption - speaker - prohibited - exception No member shall interrupt a member while speaking, except to raise a point of order or question of privilege. Section 13 QUESTION OF PRIVILEGE - POINT OF INFORMATION /ORDER 13.1 Consideration - immediate Whenever a question of privilege or a point of order arises it shall be considered immediately. 13.2 Question of privilege - procedure - over all matters A member may rise at any time on a question of privilege and a question of privilege shall take precedence over all other matters. 13.3 Point of information - answer - by Presiding Officer When a point of information is raised, the Presiding Officer shall answer the question or direct the question to the appropriate member or staff member. 13.4 Speaker - interruption - decision - Presiding Officer A member may interrupt the person who has the floor to raise a point of order or a point of procedure when such member feels that there has been a deviation or departure from the rules of procedure and upon hearing such point of order or point of procedure, the ruling of the Presiding Officer shall be final unless a challenge is made pursuant to Sections 13.5 and 13.6. If a member, while speaking, be called to order, he /she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed. 13.5 Presiding Officer- challenged - overruled - procedure Whenever a member wishes to challenge the ruling of the Presiding Officer on a point of order (including a determination that a motion is out of order) he shall make a motion substantially as follows: "That the decision of the Presiding Officer be overruled." Thereafter the question shall be put to Council and Council shall decide the matter, by majority vote of members present, immediately without debate and this decision shall be final. 13.6 Call to order - member - decision to expel If any member uses insulting or improper language to the Presiding Officer or any member, and refuses to apologize or withdraw his/her remarks when so directed by the Presiding Officer, or willfully obstructs the conduct of business, and refuses to desist when called upon to do so by the Presiding Officer he /she may be ordered by the Presiding Officer to leave the Council Chamber for that meeting, and, if he /she refuses to do so, he /she may, on the order of the Presiding Officer, be removed; and on making an apology to the Presiding Officer and to any member insulted by him/her, may by a majority vote of the Common Council be permitted to resume his/her place at such meeting. 18 52 Section 14 CONFLICT OF INTEREST 14.1 Ethical Standards — reporting conflicts Council Members shall be expected to maintain high ethical standards appropriate to their public office, and shall be expected to report any conflict of interest, as required in the Municipalities Act. 14.2 Disclosure — Me with CIerk - upon assuming office Upon assuming office, each member shall file with the Clerk in the form prescribed a statement disclosing any conflict of interest of which he /she has knowledge or should reasonably have knowledge; but a member need not disclose particulars of his/her financial interest or the extent of any interest in any matter giving rise to a conflict of interest. 14.3 Disclosure of conflict — while in office A disclosure similar to that described in 14.2 shall forthwith be made by each member where a conflict of interest arises while he /she is in office. 14.4 Disclosure — to be filed with Clerk's office Every disclosure of interest filed shall be recorded and kept in a file by the Clerk, and that file shall be open during regular office hours for inspection or examination by any person qualified to vote under the Municipal Elections Act, 14.5 Disclosure — during meeting Where a member has a conflict of interest with respect to any matter in which the Council is concerned and he /she is present at a meeting of Council, a committee of Council or any other meeting at which the business of Council is conducted and /or at which the matter is a subject of consideration he /she shall, a) as soon as the matter is introduced, disclose that he /she has a conflict of interest in the matter; and b) forthwith withdraw from the meeting room while the matter is under consideration or vote. 14.6 Declaration of conflict — must not participate After making the declaration, the member must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter. 14.7 Declaration — Clerk to record When a verbal declaration is made; (a) the person recording the minutes of the meeting must record the member's declaration, the reasons given for it and the times of the member's departure from the meeting room and, if applicable, of the member's return, and (b) the person presiding at the meeting must ensure that the member is not present at the meeting at the time of any vote on the matter. 14.8 Member required to withdraw - quorum Where the number of members who, by reason of the provisions of the Municipalities Act, are required to withdraw from a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, notwithstanding any other general or special Act the remaining members shall be deemed to constitute a quorum if there are not fewer than three. Section 15 MOTION - ORDER 15.1 Moved - seconded - before debate — vote A motion shall have no standing and debate on it shall not commence until it has been moved and seconded and has been stated by the Presiding Officer as pending before the Council. 15.2 Withdrawal - at any time - before vote After a motion has been moved and seconded and stated by the Presiding Officer it is in the possession of Council for consideration but, with the consent of the majority of Council and 19 53 without debate, it may be withdrawn by the mover and seconder at any time before it has been voted on. 15.3 Public - to be heard — motion only after hearing If members of the public are to be heard on a matter, no motion shall be received until they have been heard. 15.4 Motion Put - public participation - prohibited No further public participation on a matter will be allowed after the motion has been duly made and seconded. 15.5 Debate - amendment - permitted All motions which properly are before Council for consideration are open to debate and may be amended except as specifically provided elsewhere in this By -law. 15.6 In order - procedure When a motion has been moved and seconded and is being considered by Council, no motion shall be received except a motion: (a) to set the time to adjourn; (b) to adjourn the meeting; (c) to lay the question on the table; (d) to put the previous question (close the debate); (e) to defer the question to a certain time or date; (f) to refer the question to some other person or group for consideration; (g) to amend the amendment; or (h) to amend the main motion; which shall have precedence in the order in which they are named and as more particularly referred to in Schedule `A'. 15.7 Adjourn - requirements A motion to adjourn: (a) shall not be amended or debated; and (b) shall always be in order except when a member is speaking or the members are voting. 15.8 Adjourn - time specified - amendable Notwithstanding Section 15.7 where a motion to adjourn includes the time at which the adjourned meeting will continue, that motion may be amended and debated as to that time. 15.9 Proceed - beyond 10:00 p.m. - requirements Subject to Section 3.14, a motion to proceed beyond the hour of 10:00 p.m.: (a) shall not be amended or debated; and (b) shall always be in order except when a member is speaking or the members are voting 15.10 Tabling Motion — requirements A motion to table a motion shall state a reason, always be in order and shall not be debatable. A motion to take up a tabled matter is not subject to debate or amendment. A motion that has not been taken from the table for six months is deemed to be withdrawn. 15.11 Put the Previous Question - requirements A motion to put the question: (a) shall not be amended or debated; (b) shall not be received in any committee or in the Committee of the Whole; and (c) requires the affirmative vote of two- thirds of the members present. 15.12 Defer — certain time A motion to defer to a certain time or date: (a) shall be open to debate only as to advisability of postponement; and (b) may be amended as to the time or date to which the matter is deferred. 15.13 Defer - Indefinitely A motion to defer a pending resolution or By -law indefinitely, is debatable and requires a majority vote to adopt. Its effect is to dispose of the resolution or By -law without a direct 20 54 vote on it. The resolution or By -law which is postponed indefinitely cannot be brought up again at the same meeting. There is no obligation to take the resolution up at a future meeting, but it can be raised at a future meeting. 15.14 Refer - requirements A motion to refer a matter under consideration to Committee of the Whole, a Committee, Chief Administrative Officer, City Solicitor, Common Clerk, or as otherwise directed: (a) shall be open to debate only on the propriety of referring the question and may be amended; and (b) shall include the terms on which the motion is being referred, and may include the time at which the matter is to be returned and whatever explanation may be necessary as to the purpose of the motion. 15.15 Amendment — requirement An amendment is a motion that the wording of another motion be changed before the vote on it is taken. The following main rules apply to amendments: (a) An amendment must be in one of these three forms: (1) to amend by inserting or adding text; or (2) to amend by striking out text; or (3) to amend by striking out text and inserting other text in its place. (b) An amendment is debatable, and requires a majority vote to adopt. (c) An amendment must be germane to (closely related to, or in some way involve) the motion which it seeks to modify and shall not be directly contrary to the main motion. 15.16 Amendment - one at a time — limitation There may be up to two amendments pending at the same time, while the resolution or By- law is on the floor: (1) a primary amendment (an amendment to the main motion); (2) a secondary amendment (an amendment to the amendment). (3) only one amendment at a time shall be presented to the main motion and only one amendment at a time shall be presented to an amendment. 15.17 Amendment - put - reverse order - voting procedure The Presiding Officer shall put amendments in the reverse order to which they have been moved and when all amendments are voted upon, the Presiding Officer shall put the main motion, incorporating any adopted amendments. 15.18 Introduction - without notice - leave Except as otherwise provided in this By -law, only the motions set out in Sections 15.19 through 15.23 inclusive, may be introduced orally without notice and without leave. 15.19 Matter - on agenda A motion on any subject matter that appears on the agenda for that meeting may be introduced orally without notice and without leave. 15.20 Procedure - introduced orally Motions listed in Section 15.6 may be introduced orally without notice and without leave. 15.21 Suspend - rules - regulations A motion to suspend the rules and regulations of this By -law may be introduced orally without notice and without leave. 15.22 Point of order - procedure - information - privilege A motion on a point of order, point of procedure, point of information or question of privilege may be introduced orally without notice and without leave. 15.23 Other - routine - as required Other motions made upon routine proceedings as may be required for the observance of the proprieties of Council; the maintenance of the authority of Council; the arrangement of its proceedings; the correctness of its records; or the fixing of its meetings or the dates and times of its meetings, may be introduced orally without notice and without leave. 21 55 15.24 Motion by Member - notice - to Clerk - time limitation A member wishing to place an item on the agenda, other than a motion referred to in Sections 15.19 through 15.23 inclusive, for consideration by Council shall deliver a motion, in writing, to the Clerk not later than 4:00 p.m. on the Thursday in the week that immediately precedes the day of the Council meeting. 15.25 Motion by Member - printed in full - on agenda The motion mentioned in Section 15.24 shall be printed in full for inclusion in the Council Kit for that meeting of the Council. 15.26 Motion by Member - in writing - mover - signature The motion mentioned in Section 15.24 shall be submitted to the Clerk in writing or by fax over the signature of the mover or from the member's known email address and shall provide sufficient background information relating to the motion. Section 16 VOTING 16.1 Motion - multiple - distinct propositions When a motion under consideration contains two or more distinct propositions, where any member so requests the vote upon each proposition shall be taken separately. 16.2 Motion - after all spoken - put by Presiding Officer The Presiding Officer shall put a motion to a vote immediately after all members desiring to speak on the motion have spoken. 16.3 Motion - put to vote - speaking - prohibited After a motion is put to a vote by the Presiding Officer, no member shall speak to that motion. 16.4 Motion - vote - required - unless disqualified Unless disqualified to vote by reason of conflict of interest or otherwise upon a by -law, resolution, motion or for any other purpose, each member present, including the Mayor, shall announce his/her vote openly and individually, and the Clerk shall record the decision, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. 16.5 Failure - to vote - deemed affirmative Every member, including the Mayor, present at a meeting who is not disqualified from voting in accordance with Section 16.4, shall be deemed to be voting in the affirmative for the motion if he /she fails to announce his/her vote. 16.6 Mayor - to vote The Mayor, when present at a meeting of the Common Council shall preside and shall vote on all questions. 16.7 Equality of votes - decision - deemed negative The Mayor shall not have a casting vote but if because of the absence of a Councillor or Councillors there should be a tie upon any question such question shall be considered and declared lost. 16.8 Method — recorded vote A recorded vote shall be taken by a show of hands for each member present and qualified to vote. 16.9 Result - announced - by Presiding Officer The Presiding Officer shall announce the result of every vote. 16.10 Result - disagreement - immediate - recorded If a member disagrees with the announcement by the Presiding Officer of the result of any vote, he may object immediately to the Presiding Officer's declaration and require that a recorded vote be taken. 22 56 16.11 Recorded vote - when requested - or required A recorded vote shall be taken when called for by any member immediately prior or immediately subsequent to the taking of a vote or when required by law or under this By -law. 16.12 Recorded vote - order When a recorded vote is taken all members including the Mayor must vote unless disqualified by statute and any failure to vote by a member including the Mayor who is not disqualified shall be deemed to be an affirmative vote. 16.13 Names - votes - negative - position - recorded Unless required by any member present, only the names of those who voted against a motion shall be entered in the minutes. The members may request that the reasons for their nay vote be noted in the minutes. 16.14 Majority - requirement - by by -law Whenever this By -law requires a vote of a simple majority of Council, the requirement shall be interpreted as meaning such majority, of the members who are present and qualified to vote on the matter provided that this By -law or a relevant statute does not specify differently. 16.15 Greater than majority - required - recorded vote Whenever this By -law or any statute requires that a by -law be passed or any other action taken by a vote of two- thirds or any other fraction of Council greater than a majority, that vote shall be taken by recorded vote. Section 17 BUSINESS 17.1 New business - consideration - requirements No member shall present any matter to Council for its consideration at a meeting unless: (a) the matter appears on the agenda for that meeting; or (b) it is in accordance with Sections 15.7 through 15.23 inclusive; or (c) Council by two thirds majority vote of the membership grants leave to include the matter on the agenda without prior notice. 17.2 Motion - not on agenda - Presiding Officer - advised The Presiding Officer shall be advised of any motions proposed to be introduced which are not in the agenda and which do not come within Sections 15.7 through 15.23 inclusive at the time of adoption of the agenda. 17.3 Motion - not on agenda — staff request The Chief Administrative Officer, City Solicitor, Commissioner of Finance or Common Clerk of the Corporation may request that Council consider a matter not included in the agenda which calls for immediate and urgent consideration and Council, by a vote of two - thirds majority of the membership, shall determine whether or not to consider this matter. Section 18 BY -LAWS- REPORTS - RESOLUTIONS - CONTRACTS 18.1 Consideration - approval - by Council All by -laws, resolutions and contract documents shall, before presentation to the Common Council, have been approved as to form and legality by the City Solicitor or his/her authorized representative, and shall have been examined and approved for administration by the Chief Administrative Officer or his/her authorized representative where there are substantive matters of administration involved. 18.2 Bylaws - three readings same day — not permitted Unless otherwise provided by statute, a by -law shall be adopted in both official languages and may not receive three readings on the same day. 18.3 Reports, resolutions — filed with Common Clerk All reports and motions shall be filed with the Common Clerk. 23 57 Section 19 MINUTES 19.1 Information - requirements - taken by Clerk The Clerk or his/her designate shall take minutes of each Council meeting which minutes shall record, without note or comment: (a) the place, date and time of meetings; (b) the name or names of the presiding member or members and the record of attendance of the members and senior staff members; (c) the adoption of the minutes of prior meetings, and if requested, correction and; (d) all resolutions, decisions and other proceedings of Council. 19.2 Previous meeting - read aloud —2/3 majority request The minutes of the previous meeting shall be presented to Council for approved in both official languages as circulated, subject to corrections of any errors found therein and shall not be read aloud. 193 Approval of Minutes The minutes of all Regular Council and Special Council meetings shall be adopted at a Regular Council meeting. The minutes of a Committee of Council shall be approved at a meeting of that Committee of Council and the recommendations from Committee of the Whole shall be considered for adoption at a Regular Council meeting. 19.4 Approval of Minutes — Closed Meeting The minutes of any meeting or portion of a meeting of Council or a committee of Council that was closed to the public shall be approved at the following closed meeting of Council or committee of Council. The minutes of any meeting or portion of a meeting of Council or a committee of Council that was closed to the public pursuant to subsection 10.2(4), of the Municipalities Act shall not be open for inspection or examination by members of the public. 19.5 Public Record — Closed Meeting A record of the closed meetings shall be prepared and signed by the Common Clerk containing only the following: (a) the type of matter under subsection 10.2(4) of the Municipalities Act that was discussed during the meeting; and (b) the date of the meeting. The record made shall be available for inspection in the office of the Clerk during regular business hours. Section 20 COAUWrTEES 20.1 Establishment — standing committees - as necessary Council may by bylaw or resolution create such standing committees as are necessary or expedient for the orderly and efficient handling of the affairs of the Corporation and shall establish generally or in detail the duties and responsibilities, composition, and duration of a committee established. 20.2 Budget Committee of the Whole - establishment There shall be a Budget Committee of the Whole. 20.3 Budget Committee of the Whole - responsibilities The Budget Committee of the Whole shall consider matters and issues relating to the preparation, administration and monitoring of the operating and capital budgets of the Corporation, Water and Sewerage Utility, Trust Funds and other current and long -range fiscal planning for the Corporation. 24 20.4 Budget Committee of the Whole - Chair - Vice -Chair The Mayor and in his/her absence the Deputy Mayor shall serve as the Chair of the Budget Committee of the Whole. 20.5 Budget Committee of the Whole - meetings - day - time Meetings of the Budget Committee of the Whole may be called by the Chair whenever he/she considers it necessary. 20.6 Budget Committee of the Whole - business - procedure The business of the Budget Committee of the Whole shall be conducted in accordance with the rules governing the procedure of Committee of the Whole. 20.7 Special Committee - Appointment - by Council Council may by resolution appoint a Special Committee to consider and report on a specific subject, project or undertaking. 20.8 Chair - appointed - procedures - determined - Council When a Special Committee has been appointed by Council, Council shall; a) name the member of that Special Committee who is to act as Committee Chair, and in the absence of such direction the committee shall appoint its own chair, and b) shall determine whether or not the rules of procedure for Committee of the Whole apply to that special committee. 20.9 Work - report - complete - committee dissolved When a special committee has completed its work and made its report to Council, that committee shall be deemed to be dissolved. 20.10 Mayor - ex -officio member - all committees The Mayor shall be ex- officio a member of all standing and special committees, has all the privileges of committee membership, including the right to make motions and to vote but is not counted in determining the number required for a quorum or whether a quorum is present. 20.11 Committee Meetings — open to public All meetings of a committee of Council shall be open to the public. Sections 6.3 to 6.6 inclusive shall apply if it is necessary to close a committee meeting or portion of a committee meeting to the public. Section 21 COMMITTEE OF THE WHOLE - PROCEDURE 21.1 Agenda - prepared by Clerk The Clerk shall prepare an agenda for all Committee of the Whole meetings. 21.2 Agenda - delivery - to members - prior to meetings The Clerk shall use his/her best efforts to ensure that the agenda and Council kit for regular, budget and special meetings of Committee of the Whole are available in electronic or printed format to each Committee of the Whole member so that they will be received in each case on the Friday of the week preceding the week of the meeting. 21.3 Agenda - to officials - staff- public hearing The Clerk shall use his/her best efforts to ensure that copies of the agenda and Council kit for regular, budget and special meetings of Committee of the Whole are distributed in electronic or printed format to all Corporation officials and staff, who are to receive copies thereof as determined by the Chief Administrative Officer, on the Friday of the week preceding the week of the meeting. 21.4 Agenda - not delivered - on schedule - meeting valid Failure by the Clerk to meet the schedule set out in Sections 21.2 and 21.3 will not invalidate the Committee of the Whole meeting or any proceedings thereat. 25 59 21.5 Agenda - submission - filing deadline All submissions for inclusion in the agenda for regular, budget and special meetings of Committee of the Whole shall be submitted to the Clerk not later than 4:00 p.m. on the Thursday prior to the date of the meeting. 21.6 Agenda - special meetings - preparation For special meetings of the Committee of the Whole, the agenda shall be prepared as the Committee Chair, or in the case of a petition, the Clerk, may direct. 21.7 Chair - to preside - all meetings - voting authority The Mayor and in his/her absence the Deputy Mayor shall serve as the Chair of the Committee of the Whole. The Committee Chair, or in his/her absence, such other member of the committee as may be chosen by the committee, shall preside at every meeting and may vote on all questions submitted. 21.8 Vote - equal - deemed - negative In a case of an equal division of votes, the Committee Chair shall not have a second or casting vote and the question shall be deemed to have been decided in the negative. 21.9 Presiding Officer - powers - responsibilities Except as otherwise provided in this By -law, the committee member presiding at a Committee of the Whole meeting, while presiding, shall have all of the powers and responsibilities of the Presiding Officer at a meeting of Council. 21.10 Quorum - majority of members A quorum of any Committee of the Whole shall be the majority of its members. 21.11 Meeting - day - time Unless otherwise provided by resolution at a Regular Council meeting, meetings of the Committee of the Whole shall be scheduled prior to a Regular Council Meeting commencing at a time to be set by the Clerk or on the Monday of the week falling between the bi- weekly Regular Council meetings. 21.12 Special meeting - called - by Chair A special meeting of a Committee of the Whole may be called by the Committee Chair whenever he /she considers it necessary. 21.13 Special meeting - called - written request - majority The Committee Chair or in the case of his/her neglect or failure, the Clerk, shall call a special meeting of Committee of the Whole whenever three of the members of that committee request in writing such a special meeting. 21.14 Special meeting - Committee of the Whole - procedures The provisions of Section 5, so far as they are applicable, apply to special meetings of Committee of the Whole. 21.15 Business - procedure - exceptions The business of Committee of the Whole shall be conducted in accordance with the rules governing the procedure of Council, so far as they are applicable, except as otherwise set out in this section. 21.16 Speaking - no limitations There is no limit to the number of times or length of time a member may speak to a motion in Committee of the Whole. 21.17 Speaking - to motion - once - until all spoken A member shall not speak more than once to a motion until every member who desires to speak has spoken once in Committee of the Whole. 21.18 Recorded vote - not required No recorded vote shall be required. 21.19 Motion - to close debate - prohibited A motion to put the previous question shall not be permitted in Committee of the Whole. 26 •1 21.20 Chair - permitted a position - without leaving The Committee Chair or other presiding member may take a definite position and endeavor to persuade the Committee of the Whole on that position without leaving the chair in Committee of the Whole. 21.21 Point of order - procedure - decision - Chair When a point of order or procedure is raised or when a member is called to order in Committee of the Whole, the same procedure shall be adopted as in Council. 21.22 Delegations - hearing of — rules When a person or a representative of any group is scheduled to address Committee of the Whole a copy of the presentation shall be submitted to the Common Clerk prior to 4:00 pm on the Thursday preceding the scheduled Committee of the Whole meeting. 21.23 Delegation/Presentation - prior notice When a person or representative of any group of persons wishes to address Committee of the Whole he /she shall submit a request in writing to the Common Clerk, addressed to the Mayor and Council, prior to 4:00 p.m. on the Thursday preceding a Regular Council meeting. 21.24 Address - no notice - majority consent - required No person or representative of a group of persons who has not received the prior consent of the Council or Committee of the Whole will be permitted to address the Committee without the consent of a majority of the membership of Council. 21.25 Address - maximum duration Except with the majority consent of the Committee of the Whole, no person shall address the Committee for more than twenty minutes, exclusive of the time required to answer questions put to him/her by the Committee, except that a group of persons may have more than one spokesperson provided that the total length of time such spokesperson addresses the Committee shall not exceed thirty minutes, exclusive of the time required to answer questions put to them by Committee. 21.26 New motion - notice - in writing - deadline A member of Committee of the Whole wishing to introduce a motion, other than the type listed in Sections 15.7 through 15.23 inclusive, for consideration by Committee of the Whole shall deliver the motion in writing to the Clerk by 4:00 pm on the Thursday before the meeting of Committee of the Whole and shall provide the background associated with the item and the proposed motion. 21.27 Report - to Council - all matters - recommendations Committee of the Whole shall report to Council on all matters connected with the duties imposed on it and all matters referred to it and shall recommend such action as it deems appropriate. 21.28 Minutes - Committee of the Whole - taken by Clerk The Clerk or any employee of the Corporation designated by the Clerk shall take minutes of the Committee of the Whole meetings. 21.29 Open meetings - exception The provision of Sections 6.2 through 6.6 inclusive, regarding closing meetings to the public, apply to regular and special meetings of Committee of the Whole and except as permitted or provided in the Municipalities Act, Committee of the Whole meetings shall be open to the public. 21.30 Proceedings - adopted - confirmed - by Council - motion The recommendations of Committee of the Whole meetings may be adopted by Council in a single motion and the passage of such motion shall be taken to confirm all of the proceedings taken in the Committee of the Whole meeting except for those matters dealt with or voted on separately. 27 61 2131 Recommendation - vote - requested A member may request prior to the adoption of the Committee of the Whole report or recommendations that Committee recommendations be voted on separately and such a request shall not require the introduction of a motion. Section 22 ENACTMENT 22.1 Effective date This By -law shall come into force on the 29th day of November, 2010. 28 62 SCHEDULE A TABLE OF PRECEDENCE 1. MOTION TO SET THE DATE AND TIME OF THE NEXT 1 9 Ensure that MEETING those who must - Requires a mover and a seconder leave, know the - Requires, for adoption, a majority vote time and place of - May be debated, but only as to the date and time. the next meeting. 2. MOTION TO SET THE TIME TO ADJOURN *To limit the - Requires a mover and a seconder length of the - Requires, for adoption, a majority vote meeting. - May be debated, but only as to the time of the adjournment 3. MOTION TO ADJOURN *To terminate - Requires a mover and a seconder meeting. - Requires for adoption, a majority vote - May not be debated 4. MOTION TO RECESS *Cooling off - Requires a mover and a seconder period. - Requires a majority vote - Must not be debated 5. MOTION TO RAISE A QUESTION OF PRIVILEGE •Ventilation - Requires a mover only, who may interrupt another speaker *Disorder in - Requires no vote gallery - Must not be debated *Any rights of members 6. MOTION TO RAISE A POINT OF ORDER •To call attention - Requires a mover only, who may interrupt another speaker •Failure to - Requires no vote observe rules. - Must not be debated 7. MOTION TO LAY ON THE TABLE OR MOTION TO •Consider REMOVE FROM THE TABLE immediately. - Requires a mover and a seconder - Requires a majority vote - Must not be debated 8. MOTION TO PUT THE PREVIOUS QUESTION •To limit - Requires a mover and a seconder amendments and - Requires a two- thirds vote force a direct vote - Must not be debated on the main motion. 29 63 9. MOTION TO DEFER TO A DEFINITE DATE AND TIME *Make way for - Requires a mover and a seconder more urgent Requires a majority vote business. - May be debated, but only as to the time •Cooling off period. *Postpone •Way of determining support 10. MOTION TO REFER (e.g. TO A STANDING OR SPECIAL *When additional COMMITTEE) information or - Requires a mover and a seconder discussion is - Requires a majority vote needed. - May be debated only on the propriety of the referral 11. MOTION TO AMEND *To add, delete, - Requires a mover and a seconder or substitute - Requires a majority vote words in the main - May be debated inotion. 12. THE MAIN MOTION •The proposal - Requires a mover and a seconder before the - Requires a majority vote meeting. - May be debated 13. MOTION TO RESCIND eAnnul a motion Is a main motion that has been - Requires a mover from the prevailing side and a seconder passed. - Requires a two- thirds vote 30 M A LAW TO AMEND A BY-LAW RESPECTING THE PROCEDURES OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE MODIFIANT VARRETE CONCERNANT LE REGLEMENT , INTERIEUR DU CONSEIL COMMUNAL DE SAINT JOHN Be it enacted by The City of Lors d'une reunion du Conseil Saint John in Common Council communal, The City of Saint John a convened, as follows: decrete ce qui suit: The By -Law Respecting the Procedures of the Common Council of The City of Saint John enacted on the 29 day of November, 2010, is amended by: L'arrete concernant le reglement interieur du conseil communal de Saint John, decrete le 29 novembre, 2010, est modifie par : 1 Deleting subsection 4.13, which 1 La suppression du paragraphe 4.13, states: qui stipule: "4.13 Regular Meetings - simultaneous interpretation Simultaneous interpretation services in both official languages will be provided at all regular Council meetings. An inability to provide interpretation services will not invalidate the Council meeting or any proceedings thereat." 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 11th day of April, A.D. 2011 and signed by: Mayor/Maire << 4.13 Reunions ordinaires, interpretation simultanee Des services d'interpretation simultanee seront offerts dans les deux langues officielles dans les cadre des rdunions ordinaires du conseil. L'incapacite a offrir des services d'interpretation n'invalidera pas la reunion du conseil ou les deliberations. >> EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr8t6 le 11 avril 2011, avec les signatures suivantes: Common Clerk/Greffiere communale First Reading - March 28, 2011 Premiere lecture - le 28 mars 2011 Second Reading — March 28, 2011 Pp xieme lecture - le 28 mars 2011 Third Reading - April 11, 2011 Wb sieme lecture - le I 1 avril 2011 COMMON COUNCIL MEETING SCHEDULE 2012 January 3, 2012 (Tuesday) REGULAR MEETING January 9, 2012 If required January 16, 2012 REGULAR MEETING January 23, 2012 If required January 30, 2012 REGULAR MEETING with PUBLIC HEARING February 6, 2012 If required February 13, 2012 REGULAR MEETING February 20, 2012 If required February 27, 2012 REGULAR MEETING with PUBLIC HEARING March 5, 2012 If required March 12, 2012 REGULAR MEETING March 19, 2012 If required March 26, 2012 REGULAR MEETING with PUBLIC HEARING April 2, 2012 If required April 10, 2012 (Tuesday) REGULAR MEETING April 16, 2012 If required April 23, 2012 REGULAR MEETING with PUBLIC HEARING April 30, 2012 If required May 7, 2012 REGULAR MEETING with PUBLIC HEARING May 14, 2012 Municipal Election - No Meeting May 22, 2012 No Meeting May 28, 2012 Council Swearing in June 4, 2012 REGULAR MEETING with PUBLIC HEARING June 11, 2012 If required June 18, 2012 REGULAR MEETING June 25, 2012 If required July 3, 2012 (Tuesday) REGULAR MEETING with PUBLIC HEARING July 9, 2012 If required July 16, 2012 REGULAR MEETING July 23, 2012 If required July 30, 2012 REGULAR MEETING with PUBLIC HEARING August 7, 2012 (Tuesday) If required August 13, 2012 REGULAR MEETING August 20, 2012 If required August 27, 2012 REGULAR MEETING with PUBLIC HEARING September 4, 2012 (Tuesday) If required September 10, 2012 REGULAR MEETING September 17, 2012 If required September 24, 2012 REGULAR MEETING with PUBLIC HEARING October 1, 2012 If required October 9, 2012 (Tuesday) REGULAR MEETING October 15, 2012 If required October 22, 2012 REGULAR MEETING with PUBLIC HEARING October 29, 2012 If required November 5, 2012 REGULAR MEETING November 13, 2012 (Tuesday) If required November 19, 2012 REGULAR MEETING November 26, 2012 If required December 3, 2012 REGULAR MEETING with PUBLIC HEARING December 10, 2012 If required December 17, 2012 REGULAR MEETING with PUBLIC HEARING December 24, 2012 If required January 2, 2013 (Wednesday) REGULAR MEETING 466 (.3d Chap. M -22 10.2(2) All decisions of a council shall be Loi sur les municipalites (a) made in a regular or special meeting of the coun- cil, and (b) adopted by a by -law or resolution of the council. 10.2(2.1) No actor decision of a council is valid unless it is authorized or adopted by a by -law or resolution at a council meeting. 10.2(3) Subject to subsection (4), all meetings of a com- mittee of council shall be open to the public. 10.2(4) If it is necessary at a meeting of a council or a committee of council to discuss any of the following mat- ters, the public may be excluded from the meeting for the duration of the discussion: (a) information the confidentiality of which is pro- tected by law; (b) personal information; (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize ne- gotiations leading to an agreement or contract; (d) the proposed or pending acquisition or disposi- tion of land for a municipal purpose; (e) information that could violate the confidentiality of information obtained from the Government of Can- ada or from the Province; ()9 information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business; (g) litigation or potential litigation affecting the mu- nicipality or any of its agencies, boards or commis- sions, including a matter before an administrative tribu- nal; (h) the access to or security of particular buildings, other structures or systems, including computer or communication systems, or the access to or security of 18 10.2(2) Toutes les decisions d'un conseil doivent titre a) prises au cours de ses reunions ordinaires ou extra - ordinaires, et b) adoptees par un arretd ou une rdsolution du con- seil. 10.2(2.1) Aucune action ou decision d'un conseil nest valide a moins d'etre autorisde ou adoptee par un arretd ou une rdsolution a une reunion du conseil. 10.2(3) Sous rdserve du paragraphe (4), toutes les reu- nions d'un comitd du conseil sont ouvertes au public. 10.2(4) Le public peut titre exclu d'une reunion du con- seil ou d'un comitd du conseil pendant la durde du debat, lorsqu'il est ndcessaire de discuter de Tune ou Pautre des questions suivantes : a) d'information dont le caractere confidentiel est ga- ranti par la loi; b) des renseignements personnels; c) d'information qui pourrait occasionner des gains ou des pertes ftnancieres pour une personne ou une mu- nicipalitd, ou qui pourrait compromettre des ndgocia- tions en vue d'aboutir a la conclusion d'un accord ou d'un contrat; d) de ['acquisition ou de la disposition projetde ou en cours de biens -fonds A des fins municipales; e) d'information qui pourrait porter atteinte au carac- tere confidentiel d'une information reque du gouverne- ment du Canada ou de la province; J9 d'information concemant les consultations juridi- ques donndes a la municipality par un avocat municipal ou la communication protdgde entre ['avocat et son client a propos d'unc affaire d'ordre municipal; g) de litiges ou de litiges eventuels touchant la muni- cipalite ou ['une de ses agences, regies ou commis- sions, comprenant une affaire devant un tribunal admi- nistratif; h) de 1'acces a des constructions particuliyres, a d'autres structures ou systymes, y compris les syst6mes informatiques ou de transmission, ou concernant la se- 67 Municipalities Act methods employed to protect such buildings, other structures or systems; (i) information gathered by police, including the Royal Canadian Mounted Police, in the course of in- vestigating any illegal activity or suspected illegal ac- tivity, or the source of such information; or 6) labour and employment matters, including the ne- gotiation of collective agreements. 10.2(5) If a meeting of a committee of council is closed to the public pursuant to subsection (4), no decisions shall be made at the meeting except for decisions related to (a) procedural matters, (b) directions to an officer of the municipality, or (c) directions to a solicitor for the municipality. 10.2(6) If a meeting is closed to the public pursuant to subsection (4), a record shall be made containing only the following: (a) the type of matter under subsection (4) that was discussed during the meeting; and (b) the date of the meeting. Chap. M -22 curite de ces constructions, ces autres structures ou sys- temes, ou de 1'acces aux methodes employees pour protdger ces constructions, ces autres structures ou sys- temes ou concemant la securit6 de ces methodes; i) des renseignements recueillis par la police, y com- pris par la Gendarmerie royale du Canada, au cours d'une enquete relative a toute activity illdgale ou sus - pectde d'etre illdgale ou la provenance de ces rensei- gnements; ou j) d'information relative au travail et a 1'emploi, y compris la negociation de conventions collectives. 10.2(5) Si une rdunion d'un comit6 du conseil est fer- m6e au public en application du paragraphe (4), aucune ddcision ne peut titre prise lors de la rdunion a 1'exception des decisions relatives aux a) questions proc6durales, b) directives donndes a un fonctionnaire de la muni- cipalit6, ou c) directives a Pavocat de la municipalit6. 10.2(6) Si une rdunion est ferm6e au public en vertu du paragraphe (4), un registre doit titre fait contenant seule- ment ce qui suit : a) le genre de questions en vertu du paragraphe (4) qui ont ete diseutdes pendant la rdunion: et b) ]a date de la reunion. 10.2(7) The record made under subsection (6) shall be 10.2(7) Le registre fait en vertu du paragraphe (6) peut available for examination by the public in the office of the titre examine par le public au bureau du seeretaire aux clerk during regular office hours. heures normales d'ouverture. 1981, c.52, s.l.1; 1982, c.43, s.2; 2003, c.27, s.6. 10.3(1) Subject to subsection (2), a municipality shall enact a by -law to regulate the procedures of its council meetings and such a by -law shall include those matters prescribed by regulation. 10.3(2) If a matter prescribed for the purposes of sub- section (1) conflicts with a provision of a municipal char- ter or a private or special Act, a municipality may enact a by -law pursuant to subsection (1) that does not include that prescribed matter. 1981, c.52, art. 1.1; 1982, c.43, art.2; 2003, c.27, art.6. 10.3(1) Sous reserve du paragrapbe (2), une municipa- lite doit adopter un arret6 pour reglementer les procedures applicables aux r6unions du conseil et un tel arret6 doit comprendre tout ce qui est prescrit par ryglement. 10.3(2) Si une question prescrite aux fins du paragra- phe (1) est incompatible avec une disposition d'une charte municipale ou d'une loi d'int6ret priv6 ou particulier, une municipalitd peut adopter un arrete en vertu du paragra- phe (1) qui ne comprend pas cette question prescrite. 2003, c.27, s.7. 2003, c.27, art.7. R .: a 3.8 Ad Hoe Committees Ad hoc committees in a municipality serve in an advisory capacity to council and are usually created and sanctioned by the council Examples of ad hoc committees could be a youth advisory committee, a senior's advisory committee, a heritage preservation committee and so on.These committees, usually involving community - minded volunteers, are created as needs are identified and specific advice, research and recommendations are required for council to make well- informed decisions, Generally the mandate and terms for ad hoc committees are not identified in a municipality's procedural by -law, unlike the standing committees of council. 3.9 Key Functions of the Local Government a. Service Provision A fundamental role of municipality is to be a service provider.While legislation provides that municipalities shall provide certain services; police protection; participation in the development, establishment and operation of the NB 9 -1 -1 Service; and establishment and maintenance of a municipal emergency measures organization, including the preparation and co -ordination of an emergency measures plan for the municipality), in reality municipalities are obliged to provide a variety of other services.These will include such services as; fire protection; garbage and refuse collection and disposal; sewerage; sidewalks; roads and streets; regulation of traffic; street lighting; land use planning; water; parks; and recreational and sports facilities and programs to name a few.The scope of these services will vary dramatically from the smaller to the larger local governments. Each of these service areas is discussed in more detail in Section 11 of this manual. b. By -Law Making Municipalities also have a regulatory role, which is exercised through by -law making powers.A local government's by -law making powers are generally listed in Section 11 of the Municipalities Act, and include such areas as regulating and licensing the owners and operators of taxi cabs, and prohibiting the making or noise that would cause a public disturbance.There are also provisions in other sections of the Municipalities Act that provide by -law making authority. For example section 96 of the Act deals with a local government's authority regarding animal control, In addition, other provincial statutes provide further authority to adopt by -laws (e.g. Community Planning Act, Municipal Heritage Preservation Act).The various by -law making powers of local government are discussed in greater detail in Section 7 of the manual. c. Political /Representative Role In addition to providing roles of service provision and by -law making,the local level of government has a political role that cannot be underestimated. The leadership and policy- making roles of council, entrusted by its citizens, has a very important place within the complex structure of federal, provincial and local institutions that serve to regulate, protect and promote the diverse sectors and interests of society. In fact, the services a municipality provides and the by -laws it enacts are very much driven by this political/ policy- making role. ME s F5 O C O N d Local Government Resource Manual 3.10 Role of Council Council members are elected either as a representative of the entire community for municipalities which are not divided into wards, or councillors at large, or as representatives of the residents of their ward for the purpose of bringing about improvement of community Iife.Together, not individually, they exercise all the powers of the municipality. In addition to their representational role, the members may perform a variety of other functions: e.g. deputy mayor, chair of standing or ad hoc committees, members of commissions or mayor's representative or delegate. Their work to improve the good of the community is evident in three types of activities: a) Deliberations and sound decision- making b) Participation in and chairing of committees c) Consultation with and accountable to the citizens Webster's Dictionary describes the word"accountable "as "an obligation or willingness to accept responsibility or to account for one's actions" In this context, how is a council member accountable to the voting public? In the manner that a councillor either votes for or against a resolution, by -law, policy, budget item or any matter that affects a municipality, it is reasonable to expect that he or she will be held accountable by the voting public for an explanation or reasoning for their decision. 3.11 Citizen Expectations At the ballot box, the citizens of a community choose someone to represent their local interests (although some council members are elected by acclamation). Given this responsibility, decisions that are ultimately made by council have to be seen by the electorate to be reviewed, considered, well debated and implemented effectively. A well functioning local government should have a council and administration with a mutually clear understanding of the delegation of powers, whose accountable to whom and what their roles and responsibilities are within their organization. 3.12 Role of the Mayor a. Primary Functions The Municipalities Act outlines, in general terms, the roles and responsibilities of the mayor.These provisions are meant to highlight the primary functions of the mayor, It is important to keep in mind that the legislation does not speak to all of the specific activities a mayor may be involved in during their mandate. For example, the Act does not mention that a mayor acts as a key liaison between the staff of the municipality and the council, nor does it include the mayor's role of recommending individuals to committees of council. Of course the final decision regarding any recommendation is that of the whole council. b. Decision- Making While it is important to recognize that the mayor does have a special role in the local government organization and in terms of his or her relationship with other council members, at the end of the day the mayor is subject to the direction and control of the council and shall abide by the decisions of council. It is the council, as a whole, that is the decision- making body. Decisions of the local government are not to be made by an individual member of council but must be made by the council as a whole at a regular,special or emergency meeting of council. Municipalities Act: 36(1.1) 1U1Z 70 --r s ro r" C G1 O C rD 3 rD P* N� .-r O Local Government Resource Manual c. Provides Leadership Without a doubt, the most important role a mayor assumes is that of providing leadership. Leadership in the local government context means facilitating a team approach among council members and between the council and the administration. It involves serving as an unbiased moderator among council members and the administration. It involves encouraging and motivating councillors and staff to serve the community in the most effective and efficient manner possible. Mayors must work and communicate with council members to foster and move toward a common vision for the local government they serve. As stated in legislation,the mayor shall communicate information and recommend actions to council for the improvement of the municipality's finances, administration and government. If there are issues affecting the manner in which council is functioning, the mayor should take the lead in addressing them. Municipalities Act: 36(1)(c) d. Awareness of the Community The Mayor needs to understand the community, its issues and concerns, as well as his or her council and to lead them towards a successful resolution of the matters at hand. As leader, the mayor is expected to be capable of "rallying the troops "around a particular issue or course of action.The direction, however, must be that established by the entire council, rather than by the mayor individualiy.The Mayor does have an obligation to convey the will of the council to the public, whether or not the mayor has actually supported the decision of his or her council. Municipalities Act; 36(1)(6) e. Presides at Meetings As specified in the legislation, the mayor or his or her delegate shall preside at all council meetings. In this capacity, he or she is the chief moderator, and is required to maintain order and to ensure proper meeting procedures are followed.This role is critical to ensuring that the debates are fair, respectful and productive.The mayor should also work closely with the CAO /clerk to ensure that all of the relevant information is presented and ultimately that the best and most informed decisions are made. More is said about council meeting procedures in Section 4 of this manual. Municipalities Act: 36(1)(o) f. Comm u n icates /Represents The mayor is the primary liaison with the administration of the local government. Depending on its size and structure, the mayor will likely interact on a regular basis with the CAQ or the clerk.This interaction will be discussed in further detail in Section 3 dealing with council -staff relations. The mayor is also the key spokesperson for the local government.This means that the mayor is the person who will speak to the media on behalf of council and with the general public. In some instances the council may designate a member of council, other than the mayor, to speak to the public /media on behalf of the council on a specific matter. (There may be a situation in which a designated councillor is playing a lead role and therefore has the most knowledge about the issue at hand.) The mayor will also usually be the main liaison with other governments, be they municipal, provincial or federal.This being said, it does not preclude other members of council attending the events on behalf of the municipality.The mayor or designated council member has an obligation to keep the council informed of all official activities. Municipalities Act: 360)(d) 11 71 O 3 rD N� �7 r-h Q� Local Government Resource Manual ro F g. Representation on Committees The mayor often acts in an ex- officio capacity to all standing committees of council. This is another example of a role the mayor has that is not legislated but rather has been acquired overtime. h. Ceremonial Role Being mayor often involves participation in a variety of ceremonial activities. Unless the mayor is absent from the municipality, he or she will usually be the individual who will represent the municipality at ceremonies. Again, this ceremonial function is not legislated but is expected given the leadership role that the mayor has as council's spokesperson. i. Oversight Role Given the mayor's role of ongoing liaison with the administration through the CAO or clerk, he or she has a responsibility to liaise with the CAO /Clerk, to ensure that council's directives and or policies are being followed and /or implemented.This role is important as a means of ensuring that the decisions of council are being understood and acted upon by the administration. j. Key Signing Authority The mayor, along with the clerk, are the key signatories for the municipality and sign all legal contracts, agreements, deeds and other documents to which the municipality is a party.The mayor and clerk should be given authority by either council by -law or resolution before signing any of the aforementioned documents on behalf of the municipality. If the signatures are to be reproduced,a council resolution would be required in order to do so. It is important to designate alternate signing officers and have signed authorization cards from the local government's banking institutions in case of illness or absence of the key signing authorities (e.g. mayor, clerk, treasurer). Municipalities Act: 5(2)(b); 78(1); 78(2) k. Voting Powers of the Mayor Municipal legislation dictates that unless disqualified to vote by reason of interest or otherwise, all members of Council, including the mayor, must announce their vote openly and individually when making decisions. However,the Municipalities Act also allows a local government to specify in its procedural by -law that the mayor shall only vote in the event of a tie. Municipalities Act. 10.1(1) 1. Policy Development Along with the other council members, the mayor does have a role to play in shaping policy direction for the local government.The mayor may provide his or her point of view during a council meeting and can engage in the debate (as long as he or she follows the appropriate meeting procedures). A mayor may also have an impact on policy direction by being able to vote on items before council, as long as he or she is not limited by the local government's procedural by -law to only voting in the event of a tie. The legislation specifies that the mayor shall "... recommend actions to council for the improvement of the local government's finances, administration and government" This implies that a mayor should be thinking about the programs, by -laws, policies and structure of the local government and how well they are serving the community. To do so, he or she must be attuned to the community and its evolving needs and challenges. 12- 72 --1 r0� r— O on a r♦`D eD N' .-r O� Local Government Resource Manual NO i1b N, m. Other functions The mayor may also have responsibilities assigned to him or her via the municipality's procedural by -law or by way of policies adopted by resolution of council. An example of what might be included in a procedural by -law in terms of the mayor's role is the nominating of council members to committees. Such a role might also be outlined in a municipality's policy manual. 3.13 Role of the Deputy Mayor The Municipalities Act specifies that the council of a municipality shall elect a deputy mayor and a municipality's procedural by -law shall state the manner in which a deputy mayor shall be elected and the duration of the term of a deputy mayor. The deputy mayor plays a significant role in a municipality. If the office of the mayor is vacant or in the absence or inability of the mayor to act, the deputy mayor would act as the mayor designate and would assume all the powers and duties of the mayor. Municipalities Act. 30,36(2) 3.14 Role of the Councillor a. Serves the Interests of the Whole Community Local governments serve their communities by providing services and programs.They also serve their communities through the by -laws they put in place and enforce. One of the roles of the councillor is to ensure that what their local government is doing continues to reflect the needs of the community. As stated in legislation, a councillor shall consider the welfare and interests of the entire municipality when making decisions and bring to the attention of council matters that may promote the welfare or interests of the municipality. Council members should therefore be continuously thinking about what their local government provides and what adjustments, if any, should be made to better serve the community. Municipalities Act: (6)(b)(2. 1) b. Develops and Evaluates Policies, By -Laws As part of the decision- making role, council members must take the time to evaluate and review the local government's by -laws, policies and agreements to ensure they continue to reflect community needs.A helpful exercise would be to periodically review all of the municipality's by -laws (perhaps every four to five years) to ensure that what is in place continues to have relevance for the community and continues to be enforceable. A schedule could be prepared that would specify when by -laws are to be reviewed. Municipalities Act: 36(2.1)(c) c. Attends Council and Committee Meetings A critical component of a councillor's work is attendance and participation in council meetings. In fact,a councillor's attendance at,and active participation in,council meetings are required by legislation and are crucial if a local government is to work effectively, Council meetings provide the opportunity for sharing information, debate, consensus - building and ultimately,the making of decisions.The council meeting is the forum through which decisions are made and the policy direction for the municipality is established. Municipalities Act. 36(2.1)(d) 13- 73 O' dD r•— O n CW G1 O C fD -+e O O Local Government Resource Manual d. Policy development Like the mayor, councillors have a very important role in setting policy direction for the municipality. Setting policy direction involves engaging in debate, providing input and ideas on programs, by -laws and policies and making decisions through the voting process at council meetings. e. Representing the Community Councillors are elected to make decisions on behalf of the community. On the surface, this activity may appear to be relatively straightforward, Ideally, all decisions of council would be welcomed by the entire citizenry and business community. In reality,this rarely happens and decision- making for councillors can be difficult and sometimes very u nco mfortabl e. There are decisions that council members will make that will unavoidably be unpopular with a minority or possibly a majority of the population. Councillors can often find themselves in a situation where they must balance citizen perspectives with council's long term vision. If council members can always remember that they were elected to make decisions that are in the best interests of the whole community (both short and long term), it will help when difficult decisions have to be made. Like the mayor, councillors also serve to represent the broad interests of the community and as such, should bring to the attention of council. f. Financial Role Every council is expected to approve its community's budget on an annual basis. In establishing the budget and subsequent tax rate, councillors must adhere to municipal accounting principles and financial policies when determining how a municipality will allocate its funds. Working with administrative staff,they must constantly assess needs in determining the level of services it wishes to bring to residents /businesses of the community. g. Conflict Resolution Role Differences of opinion amongst councillors are a normal and healthy part of the decision - making process.To ensure that a thorough and fair process has been followed before reaching a final decision, councillors are expected to listen to and respect other's opinions on the issue,to review all administrative research, advice and options, as well as any policy and budgetary consequences, before voting on the matter. . The final decision might not be one that the individual councillor personally agrees with, and may even have opposed it. It is important to emphasize that once the final decision is passed by a motion at a regular session of council, all members of council must accept the position taken. h. Other functions From time to time, councillors will be assigned other duties.This may range from sitting on specific committees to representing the community at a particular function where the mayor or deputy mayor is unable to attend. Councillors also have a legislated obligation to participate in any other body to which he or she has been appointed by the council. Municipalities Act: 36(2.7)(d) eb r O G1 O C eD m O 14- Local Government Resource Manual 74 3.15 Role of the Clerk a. Statutory Role The clerk of a municipality plays an important statutory role within the local government organization. In fact, the position of clerk is much more than the name Implies and is a position that is required by the Municipalities Act for every local government. If there is no clerk in place, a council cannot make decisions. The clerk of a municipality is responsible for much more than simply preparing and setting up council meetings.There are numerous provisions in the legislation that assign a variety of tasks and responsibilities to the clerk. Moreover, in many municipalities, particularly the smaller ones, the role of the clerk is much broader as it is usually combined with the functions of the chief administrative officer and /or treasurer, and possibly other functions. In those cases, the clerks take on far more duties than are Iegislated.This is often a necessity by virtue of budget limitations. It is critical that elected officials recognize the legislated role of the clerk and other duties that a clerk may have been assigned or has automatically assumed as a result of being one of only a few staff members. b. Attendance at Meetings of Council The clerk of a municipality is the clerk of the council and shall attend all meetings of council and notify all members of council of all meetings. Where municipalities have the luxury, it is strongly recommended that someone be appointed assistant clerk as a back -up. Without the presence of a clerk, there cannot be a meeting of council where decisions are made. Although not legislated, the clerk plays an advisory role in keeping the mayor and council procedurally on track and duly informed of proper protocol during meetings of council. In that same capacity, it is beneficial if the clerk has a working knowledge and understanding of all the municipal by -laws, policies and relevant provincial legislation dealing with municipalities ( e. g. Municipal itiesAct , Community Planning Act, Municipal Elections Act)., Municipalities Act: 76(1)(a) d. Record Keeping Clerks are responsible for keeping the books, documents and records of the council and the originals of all by -laws and resolutions. Records play an extremely important role in local government operations. Well kept and easily retrieved records can provide historical accounts and background information of how a local government has evolved and should be able to provide insight as to why particular decisions were made by the council of the day. Records Management is discussed in detail in Section 6 of the manual. 15- 75 r O n d rr1 C �D ro O Local Government Resource Manual c. Recording Requirements The clerk must record who is present at meetings of council, as well as the resolutions, decisions and proceedings, without personal note or comment.The minutes of the meetings can be recorded electronically or by written documentation, either recorded verbatim (exact wording) or by synopsis (key messages and direction are recorded). If requested by a council member, the clerk records the names and votes of every member of who voted on a question.The recording of minutes will be further discussed in Section 4 dealing with minutes and meetings. Municipalities Act: 76(1)(a)(i)(ii) d. Record Keeping Clerks are responsible for keeping the books, documents and records of the council and the originals of all by -laws and resolutions. Records play an extremely important role in local government operations. Well kept and easily retrieved records can provide historical accounts and background information of how a local government has evolved and should be able to provide insight as to why particular decisions were made by the council of the day. Records Management is discussed in detail in Section 6 of the manual. 15- 75 r O n d rr1 C �D ro O Local Government Resource Manual e. Maintain an Indexed Register of By -laws The clerk must maintain an indexed register of certified copies of all by -laws of the local government that shall be available for public inspection during regular office hours. What this means is that a filing system should be in place that will allow both local government officials and the general public to easily access the by -laws of a municipality. Many municipalities are now placing their by -laws on a web site,thereby making the by -laws far more accessible and easier to search through.The paper and /or electronic website must be kept up-to -date and all the current amendments should be referenced or attached directly to the respective by -law. f. Signatory to Corporation Documents It is important to note that the clerk shall sign, along with the mayor, all agreements, contracts, deeds and other documents to which the municipality is a party. If these documents are not properly signed and sealed with the corporate seal, there could be greater potential for legal problems. Municipalities Act: 5(2); 76(1)(d.2), g. Custodian of Corporate Seal The clerk is the custodian of the corporate seal of the municipality and shall safeguard the seal for the municipality.The clerk shall ensure that only he /she utilizes the seal on any documentation that so requires the corporate seal of the municipality. Municipalities Act: 76(1)(d) h. Clerk May Administer the Oath Unless elected by acclamation, a person elected to office on a municipal council in .1 quadrennial election, a by- election or a first election shall not accept office by taking and subscribing to the oath of office before the expiration of the ten day period following the person's election. As stated in legislation, the clerk,a notary public,a commissioner of oaths or a judge of the Provincial Court, the Court of Queen's Bench of New Brunswick of the Court of Appeal of New Brunswick may administer the oath. Municipalities Act: 33(2.3); 33(4) L Oath of Office Filed with the Clerk #E, Once the oath is administered, it shall be filed with the clerk and the clerk shall record in the minutes of Council the taking of the individual oaths of council. Municipalities Act: 33(5) j. Conflict of interest Declarations must be filed with the Clerk As stated in legislation, each member of council, upon assuming office, shall file with the clerk in the form prescribed by regulation a statement disclosing any conflict of interest of which he or she has knowledge or should reasonably have knowledge. -- ri Municipalities Act. 90.4(x) k. Fixing a Date for the First Meeting Quadrennial elections are always held on the second Monday in May.The clerk may fix a date for the first meeting of a council.The clerk now has the option to schedule the first meeting of council on a date other than the 4th Monday in May, but the meeting must be scheduled for no later than June 15th. Unless a person's election was by acclamation, a person elected to office on a municipal council in a quadrennial election or a first election shall not be sworn in until the expiration of the ten day period following the election (allows for recount of votes, if necessary). Municipalities Act: 100)(o)(b); 10(1.1);33(2.3) Eci •i 76 tD O CLI d .-r O� Local Government Resource Manual I. Setting the Agenda The clerk, in most instances, sets the agenda for all meetings of council.To ensure consistency, it would be beneficial if the policy and procedures for setting an agenda are established and adhered to in the municipality's procedural bylaw. m. Filing of resignations with the Clerk As stated in legislation, a member of a council may resign from his or her office by filing with the clerk his or her resignation in writing. Municipalities Act.. 33(7) n. Clerk Shall File Certified Copy of Resolutions declaring vacancy on Council If a vacancy occurs in the council, as detailed in section 34(1) of the Act, the council shall by resolution within two months from the date that the vacancy arises, declare, by resolution, the reason for such vacancy, and within 10 days of such declaration the clerk shall forward a certified copy of the resolution to the Municipal Electoral Officer. This certified copy should be signed by both the mayor and the clerk. Municipalities Act 35(1); 5(2) o. Other Duties as Assigned by the Council The clerk shall perform such other duties as the council assigns to him or her.The duties could vary from municipality to municipality and usually depends on the size of the local government organization. 3.16 Appointment of Assistant Clerk There can be no meeting of council where decisions are made unless the clerk is present. Therefore, it is highly recommended that a council appoint an assistant clerk, if at all possible,to fulfill the duties of the clerk in his or her absence, In such absence or disability of the clerk or when there is no clerk,the assistant clerk has all the powers and duties of the clerk. Municipalities Act: 76(2) 3.17 Appointment of Clerk When There is No Assistant Clerk Appointed There may be instances where the clerk is absent for a period of time. In these cases and where an assistant clerk has not been named, the council may appoint by resolution of council, an acting clerk, who will take on all the duties of the clerk. If a clerk becomes absent before a council has an opportunity to appoint an acting officer or assistant clerk, such an appointment should be the first order of business at the next meeting of council. Municipalities Act: 74 (3),76(2) 3.18 Role of the Chief Administrative Officer a. Duties Prescribed by By -Law Unlike the role of the clerk, the role of the chief administrative officer (CAO) is not prescribed in the legislation. Rather, the Municipalities Act specifies that a council may appoint a chief administrative officer for the municipality or a rural community and that the specific powers and duties of this individual appointed to this position shall be prescribed by by -law or resolution. It should be noted that some 17 77 --a rD r O n C1 O C eD O +-r P, Qj 0 O Local Govemmen t Resource Man ual municipalities choose other titles for the senior administrator (e.g. manager, clerk/ manager, clerk/treasurer). When a CAO is appointed by a council, he or she will have primary responsibility for administration of the affairs of the municipality.The following outlines the general roles and responsibilities of the CAO in a local government. b. Head of the Administration In his or her capacity as head of the administration, the CAO is responsible for directing a team of department heads, supervisors, technicians and support staff in order to manage the affairs of the municipality and to deliver services. In smaller municipalities, the CAO may take on other roles, including the functions associated with the clerk and treasurer positions.The important point to be noted is that the CAO leads the administration and is ultimately the individual who should be answerable to the council for the administration and how it performs. A CAO must playa strong leadership role, regardless of the size of the local government they are administering. This means fostering teamwork and a positive work environment among staff members, ensuring that staff are able to take part in professional development training programs, ensuring that staff have appropriate resources to work with, addressing issues that affect staff as they arise and making well- informed and fair decisions c. Primary Advisory and Liaison to Council As head of the administration, the CAO is the primary advisor to and liaison with the council. While it is the council that has final decision - making authority, it should be able to rely on the CAO for well- founded advice and expertise. Councils should count on their CAO to obtain the necessary background information, conduct needed research and collect any other relevant facts that will assist them in their decision - making role. While it may not be the CAO that will do all of this, they are responsible for ensuring that the information gets back to council in a well - organized and understandable format.The CAO should also be proactive in identifying potential pitfalls (and benefits) when a council is discussing a particular issue and is intent on making a decision. He or she should be in a position to advise on potential legal and financial consequences and in terms of the potential impact on the community. The CAO should also serve as the contact person if members of council have concerns about how the administration is functioning or about the actions and general conduct of the municipal staff. d. Implementing Decisions of the Council When a council makes a decision, whether it is about adjustments to a program, changes in structure or budgets, it is the CAO that must ensure these changes are implemented.While it may not be the CAO who actually makes the changes, they are responsible for making the change happen through the staff of the municipality. e. Liaison with the General Public The chief administrative officer acts as the main liaison between the council and the citizens of the municipality. He or she has an obligation to meet with the general public on any matters that deal with by -laws, policies or procedures that have been established by the council as well as programs and activities involving the community. In his or her role as CAO, meeting and dealing with the public could be an every day occurrence.This will include having to meet with a citizen who may or may not approve of a recent decision of his or her council. It is important that the CAO listen to 18- ,ro r— O A 0 C f'D -�e O rD .-r r+� L O O Local Government Resource Manua! the citizen's concerns, and provide the relevant background information that would assist in clarifying the situation. It is not the CAD's mandate to debate the outcome of the council decision; rather it is the CAD's duty to carry out council policies or directives. If one or more members of the public are unsatisfied after meeting with the CAO and wish to further query a council decision, the mayor and council should be briefed, so that other alternatives can be explored (e.g. arranging a meeting with the mayor and /or other members of council, senior staff). f. Liaison with Other Govemment Officials As the senior municipal administrator, the CAO will often be involved in discussions and work with provincial and federal officials on various initiatives or partnerships that will impact the community.These matters may be of a financial, programming or regulatory/legal nature. g. Budgetary /Financial Role The CAO is responsible for overseeing the preparation of the annual budget and once adopted, will supervise its administration, Working closely with the treasurer, the CAO monitors revenues and expenditures on a frequent basis to ensure that departmental budgets are staying on track. Further details of this role will be outlines in Section 8 dealing with government finances. h. By -Law Development and Other Legal Matters Whether a new by -law is being developed or amendments to existing by -laws are required, the CAO has a role to play in this area.The CAO may have a direct hand in the preparation of a by -law or the drafting may be left to the clerk or legal advisor. The CAO will ensure that from a policy perspective, the by -law addresses the issues identified by the council. Further details regarding the by -law development process will be provided in Section 7 "Other Legal Matters'.' L Property Management Property management can be defined as the preparation of plans and program for the construction, rehabilitation and maintenance of municipal property or facilities. The CAO or delegated staff should ensure that ongoing inventories are maintained pertaining to the operation and maintenance costs of each facility owned by the local government, including a description of past or current renovations as well as short and long term plans to reduce energy consumption and promote energy efficiency, 3.19 Role of Treasurer TheTreasurer is the chief financial and accounting officer of the municipality, Like the clerk, this position is required by the Municipalities Act. As with other positions, the range of the duties of the treasurer will vary among local governments and often depends on the size of the municipality. a. Collects and receives all money of the municipality The treasurer must take custody of all monies belonging to the municipality and must carefully account for those monies.This implies that the treasurer must maintain proper financial records in keeping with generally accepted accounting principles (GAAP). Municipalities Act. 77(1) -79- 79 rD r O O rD d. .-r O� Local Government Resource Manual r w F fr_ M. b. Opens one or more accounts on behalf of the municipality It is the responsibility of the treasurer to ensure that all signing authorities on behalf of the municipality are kept up -to -date for banking purposes.The treasurer should be aware of current interest rates and banking charges,to ensure the municipality is receiving the best arrangement for its banking services.The opening of any new accounts is the responsibility of the treasurer. Municipalities Act. 770 ) c. Is the Custodian and Keeper of the Books of Account All books of account are under the custody and safekeeping of the treasurer, including cash books, receipts, disbursements, cash balances, debentures, bonds and coupons, insurance programs, bank statements, debt records, retirement funds, and payroll records of the local government. Generally,the treasurer can serve as custodian of insurance policies, deeds to all municipal propertytax assessment rolls and any contractual agreements of the municipality. Municipalities Act: 770) (d) d. Prepares and submits periodic financial statements to Council The treasurer should regularly advise the CAO, the Mayor and /or finance committee concerning the current financial condition of the municipality.This can be accomplished by summary in monthly financial statements and in detail by quarterly financial statements to council. Municipalities Act: 77(1)(e) e. Ensures that the municipality is protected by insurance The treasurer has to ensure that a comprehensive insurance coverage plan is in place for the local government. He or she needs to establish a rapport with the local government's insurance underwriter and to discuss, in detail, the needs of the corporation. Liability insurance will be discussed in greater detail under "Risk Management "in Section 7. Municipalities Act: 77(1)(g) f. Advises the Council and its committees on all matters pertaining to finance or accounting The treasurer works very closely with the CAO during the development and preparation of the annual budget.The treasurer plays a lead role as liaison with the municipal auditor during the audit and remains in contact with the auditor throughout the year on various financial and accounting matters.The treasurer must ensure that policies and resolutions pertaining to the local government's finances are being followed. He or she should also be tracking expenditures and revenues in relation to the budget. Potential problems or discrepancies should be brought to the attention of the CAO and /or council. Municipalities Act: 77(l)(h) g. Signs All Cheques The Treasurer shall sign jointly with the mayor, or such other person(s) as the council appoints, all cheques issued by the municipality.The signatures on cheques issued by the municipality may be reproduced, but only if so authorized by resolution of council. Municipalities Act. 780)(2) 3 rD O CW D PD .-r O -20- Local Government Resource Manual 80 h. Not Liable for Any Money As stated in legislation, the treasurer is not liable for any money paid by him in accordance with a by -law or resolution of the council unless another disposition of it is expressly provided for by law. If a treasurer disperses money on behalf of the municipality that contravenes a by -law or statute, he or she could be found personally liable. Municipalities Act: 79 3.20. Appointment of Assistant Treasurer As in the case of the assistant clerk, and where luxury provides, it is important that an assistant treasurer be appointed in the absence or disability of the treasurer to perform his or her duties.The role of the treasurer will be further elaborated in the context of the Municipal Finances section. Municipalities Act: 74(3), 77(2) 3.21 Role of the Municipal Solicitor It should be clarified that the municipal solicitor is not the personal lawyer for either the individually elected orthe appointed officials.While discharging his or herduties, the solicitor must act in the best interests forthe municipality and should not risk a conflict of interest by acting for individuals where the municipality may be involved. Most large municipalities employ a full -time solicitor in their workforce. Eisewhere,the duties of municipal solicitor could be filled on a casual or contract position or perhaps on a part -time basis. As well, many municipalities have a lawyer on a retainer basis. The solicitor for a municipality plays an important role within the administrative organization. When retaining or hiring a solicitor for your municipality, it is critical that he or she is very knowledgeable of the Municipalities Act and the Community Planning Act, along with all of the statutes of the Province of New Brunswick. Some areas where a solicitor can assist a local government may include: - Giving advice on procedure and interpreting legislation - Drafting of by -laws and determining whether sufficient statutory authority exists to enact certain by -laws Examining and giving opinions on land use planning related by -laws (zoning by- laws, subdivision by -laws, building by -laws) and all other by -laws in force in the municipality - Giving advice to management during union negotiations Drafting or review of agreements, contracts and tenders Overseeing of expropriations - Negotiating settlements of liability claims and other litigation matters - Negotiating severance packages 3.22 Council -Staff Relations a. Overview A healthy relationship between the council and staff of a municipality is essential for the effectiveness of a local government.The interaction between council and staff is an aspect of local government operations that can be challenging at times and requires constant attention.This section will focus on the elements of a healthy council -staff relationship, potential problem areas and what can be done to encourage positive -21 - m O C 0 C ro eD N� .-r O� Local Government Resource Manual working relations between council members and the staff of a local government. Particular emphasis will be placed on the link between the senior administration (CAO/ clerk) and the council.This section will also examine issues regarding the relationship among council members. b. An Ideal Council -Staff Relationship Ideally, the relationship between the council and staff of a local government is one where there is a mutual understanding and respect of roles and responsibilities, open two -way communication, accepted reporting relationships, as well as clear direction from the elected body. Moreover, the importance of placing an emphasis on a "team" approach cannot be overstated. There has to be a willingness between council and staff to share the credit for good ideas,to trust one another,to build respect by listening to one another's views, to keep each other informed on community issues and to work through solutions together.A council must respect staff's role to provide the best advice and assistance while staff must respect council's role to make the decisions on behalf of the community. A good working relationship between the council and staff will foster goodwill, which in turn will help promote a positive image for the community.The electorate will see that both elected and appointed officials are working together for the betterment of the entire community. In reality, this ideal relationship can be hard to achieve. However, there are some actions that can be taken by both the council members and the senior administration to ensure that the relationship remains productive, positive and responsive to the community's needs. c. Understanding and Appreciating Roles If the relationship between a council and the administration of local government is going to work, the key is to have both groups understand, appreciate and respect the roles that each has to play. Without this, it is inevitable that difficulties will be encountered. As a starting point, it is helpful for council members and the administration to recognize some of the fundamental differences between the council and the administration of a local government.The following table illustrates some of the differences between the council and the senior administration of a local government. -22- ., eD O G1 0 C eD eD Local Government Resource Manual D y E:ic1 e Common Council Orientation Mark Reade P.Eng., MCIP, RPP Senior Planner May 30, 2012 New Brunswick Planning Hierarchy mmunW Manning Act Loi Sur J<'urbanisme Municipal Plan & Neighbourfiood Plans Plan Municipal & Plans de Quartier Zoning By-Law Subdivision By -Law Arrete de Zonage Arrete de Lotissement Growth & Development Services • Zoning By -law — Rezonings — Section 39 Amendments — Amendments to rezoning condition(s) • Subdivision By -law — Subdivisions requiring Council Approval — Public Streets, Parkland, Municipal / Public Easements • Municipal Plan — Municipal Plan Amendments • Majority of applications are Zoning and Subdivision matters Q)_ SAwr Toi rA Application submittec tc Grovith and Developmeit Common Council Sets Public Hearing Date; Refers Application to Planning Addison Committee (PAC) Notice of Public Hearing Published in NewsDaDer Landowners noti-iec within 100 metres -W Appl ration rirriJlatPC! to Oty I)epnrtmPnts / I xtPrnal Agenrip�s for comment Report and Rcrnmmendatinn Prepared by Planning Staff PA-- Meeting — PAC R.econwienddliun furvi aided lu --uuncil Council hieeting Public Hearingwith 1A and 2'd ieading 3r-. Reading — Decision of Common Council :4AIN'l JOHN City of Saint John Common Council Meeting 2012 Mock Agenda Committee of the Whole 1. Call to Order Regular Meeting 1. Call to Order — Prayer 2. Approval of Minutes 2.1 Minutes of April 2, 2012 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Letter Regarding Animal Control (Recommendation: Receive for Information) 5.2 Sanitation Packers (Recommendation in Report) 5.3 Claim Damages for Fire at City Garage (Recommendation in Report) 5.4 Increase in Recreation Fees (Recommendation in Report) 5.5 Engineering Inspection Services (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Safe Kids Week 8. Delegations / Presentations 8.1 Rockwood Park Advisory Board 9. Public Hearings 9.1 a) Proposed Zoning By -Law Amendment 3 Water Street 9. lb) Planning Advisory Committee Report Recommending Rezoning 10. Consideration of By -laws Third Reading - Stop up and Closing of Jean Street. 11. Submissions by Council Members 11.1 Graffiti (Councillor Norton) M 12. Business Matters — Municipal Officers 12.1 City Manager: Spruce Lake Water Pump 13. Committee Reports 13.1 Saint John Transit Commission 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Zone 4 Baseball Association 16. Adjournment April 15, 2012 Common Council City of Saint John Dear Council members, As practicing veterinarians in the city of Saint John, we wish to comment on the current state of animal control in the city. We are concerned about the lack of experienced personnel, equipment, and facilities needed to serve this important function. Lack of proper animal control affects animal and non - animal lovers alike (to say nothing of the animals themselves). Stray dogs and cats may serve as mere annoyance to some, but also present a threat to public health and safety. The current situation (as of March 1, 2012) where city employees answer animal control calls to the best of their ability, is not a viable solution. Animal control requires a dedicated group of individuals, with the experience, equipment, and facilities to perform their task. Since March 1st, veterinary clinics have been approached by people who have been kind enough to rescue stray or lost pets. These people have tried to help these animals, only to realize that there seems to be no one to turn to once they have rescued them from the streets. Veterinary clinics are not physically designed to serve as animal control facilities. We also do not have the authority to decide on the fate of an animal once the 48 hour holding period has expired. Veterinary clinics do not receive any funding to provide this service of civic animal control. Sincerely, E' rge Whittle D.V.M. aint John Animal Hospital A01 wnaa4' Sarah Holland D.V.M. All Creatures Veterinary Service 09 Jane Gaines D.V.M Avenue Animal Hospital Adrian i9i s M. Fundy Animal Hospital REPORT TO COMMON COUNCIL M & C — 2012 -100 20 April 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sanitation Packers — Rear -Load BACKGROUND: Common Council, at an open session meeting October 11, 2011 adopted a recommendation from staff on M &C# 2011 -254 which would see the collection of solid waste return completely in -house in September 2012. The purpose of this report is to focus on the fleet requirements which were adopted as put forth in recommendation #2 and #3: 2. Approve the procurement of three additional packer trucks at an estimated total cost of $794, 000 (plus HST), bringing the overall fleet total to 10 solid waste collection packers. " 3. Support the timely replacement of existing packer units; one in 2011 and another in 2012. " The two (2) replacement packers and one (1) of the three (3) additional packer trucks were ordered in November 2011 as a result of a resolution from Council at the November 21, 2011 meeting on M &C report #2011 -297. As a result of these considerations, a Tender was issued for the remaining two (2) packer trucks on March 16, 2012. M Page Two ANALYSIS: The tender closed on April 4, 2012 with only one company responded to the City's tender call by submitting bids. Results are as follows: East Coast International Inc. (Saint John, NB) $207,295.61 * *Note: Pricing is per truck, tax - exclusive, and includes required accessories. Staffs of Fleet Management, Municipal Operations, and Materials Management have reviewed the tender submitted and find it complete and in -line with cost estimates. Therefore, it is staff's recommendation that the tender be awarded to the single bidder for a total of two (2) rear - loading packer trucks. FINANCIAL IMPLICATIONS: If awarded as recommended, the cost to purchase two (2) new rear - loading packer trucks will be $414,591.22 plus tax. This is a planned and pre- approved expenditure for which funds have been allocated in the 2012 Capital Budget. RECOMMENDATION: It is recommended that the tender for the supply of two (2) rear - loading packer trucks be awarded to East Coast International Inc. at the tax - excluded tender price of $207,295.61 per truck, for a total amount of $414,591.22. Respectfully submitted, Cindy Calvin Acting Manager - Materials Management Patrick Woods City Manager M Gregory Yeomans Commissioner of Finance f r-; REPORT TO COMMON COUNCIL 10 April 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Claim for damages from fire at City Garage, Nov 29, 2011 BACKGROUND: A garbage truck caught fire while parked inside the garage at 175 Rothesay Avenue. The fire while contained to the truck, set off the sprinkler system and the result was extensive smoke, soot and water damage inside the largest bay of the garage. The fire was not related to work completed to the truck at the time. Work was undertaken immediately to reduce the exposure to personnel from soot and other risks. Numerous systems were damaged including heat, venting, natural gas and electrical. Extensive work had to be completed to eliminate the smell and fumes from the smoke damage to the inside of the building. Our insurer together with City staff employed several contractors that already had contracts with the City for work such as gas and electrical and another contractor was selected to complete the remedial work to the building. Work was completed throughout the winter, we then paid our deductible to the contractor and our insurer has recently issued a payment to the largest contractor. Our claim has 2 components, damage to the building and the contents, this report will outline the various costs in regards to the building, and the contents portion of the claim has yet to be finalized. ANALYSIS: We are currently waiting for invoices from two contractors but the remaining contractors need to be paid according to our terms of payment. The total of our claim to date for damages to the building is as follows: m City Garage Fire Claim Non Cost before Recoverable Recoverable Contractor tax HST HST HST Total Service Master Clean Saint John Design Electric Inc Summit Energy Services Inc Ferodominion Troy Life and Fire Safety Ltd Technical Inspection Services Fundy Ventilation $194,341.48 $25,264.40 $18,599.65 $18,754.14 $2,438.04 $1,794.88 $17,890.77 $2,325.80 $1,712.25 $50.00 $6.50 $4.79 $2,492.28 $324.00 $238.53 $6,664.75 $219,605.88 $643.15 $21,192.18 $613.55 $20,216.57 $1.71 $56.50 $85.47 $2,816.28 $200.00 $26.00 $19.14 $6.86 $226.00 $1,150.03 $149.50 $110.06 $39.44 $1,299.53 $234,878.70 $30,534.24 $22,479.31 $8,054.93 $265,412.94 The total of our claim submitted for damage to our building is $217,933.63 ($234,878.70 + $8054.93 - $25,000) which represents the cost of the work completed plus the non - recoverable HST less our 525,000 deductible. FINANCIAL IMPLICATIONS: The insurer has deducted the recoverable HST from the proceeds as it is assumed we can be reimbursed for this portion of the HST. If for some reason we cannot be reimbursed, we would need to supply proof to our insurer and based on the policy wording, the contract is one of indemnity, they would owe the balance to the City. Our insurer has already issued a payment to the City and Service Master for $176,006.23 and we've paid our $25,000 deductible so our amount owing to Service Master is the recoverable portion of HST. The insurer is currently waiting for us to submit the rest of the invoices to be reinbursed. RECOMMENDATION: A payment be issued to the following contractors and proof submitted to our insurer and Revenue Canada for reimbursement. Service Master Clean Saint John $18,599.65 Design Electric Inc $21,192.18 Summit Energy Services Inc $20,216.57 Ferodominion $56.50 Troy Life and Fire Safety Ltd $2,816.28 Technical Inspection Services $226.00 Fundy Ventilation $1,299.53 M City Garage Fire Claim Respectfully submitted, Insurance and Yeomans, CGA MBA aer of Finance and Administrative Services M REPORT TO COMMON COUNCIL M &C 2012 -98 April 23, 2012 SUBJECT: Increase in Recreation Fields Fees and Charges BACKGROUND: The City of Saint {ohd During the 2012 budget deliberations earlier this year, Common Council directed that the revenues generated from sport field use be increased by $50,000. Although field rates have increased twice in the past six years, they are still being significantly subsidized. ANALYSIS: Traditionally, fields have been booked seasonally and all user groups were charged for the season regardless of how much field time was used. This has resulted in very low per game or hourly rates of $1.60 per youth team per game and $25 per adult team per game. All sport field users will now be charged an hourly fee based on participation levels and field classification. Fields are classified based on the amenities available and amount of maintenance received. School sports and seasonal tournaments which traditionally have been free, will now have a rate applied (see hourly fees per team and classifications below). A Level Fields Memorial BB Memorial SB Forest Hills BB Forest Hills SB Allison #1 Allison #2 Shamrock #1 (Multi- purpose) Allison (Fall) B Level Fields Forest Hills #1 Forest Hills #2 Barnhill St. Rose Havelock Milford Market Place Seawood g61 *Tourney *Tourney Adult Youth Adult Youth $30 $20 $150 $75 $25 $15 $150 $75 $30 $20 $150 $75 $25 $15 $150 $75 $25 $15 $150 $75 $25 $15 $150 $75 $25 $15 $150 $75 $25 $15 $150 $75 $20 $8 $100 $50 $20 $8 $100 $50 $20 $8 $100 $50 $20 $8 $100 $50 $20 $8 $100 $50 $20 $8 $100 $50 $20 $8 $100 $50 $20 $8 $100 $50 g61 Shamrock - Jack Kyle $20 $8 $100 $50 Shamrock - SLL $20 $8 $100 $50 Shamrock #2 (Soccer) $20 $8 $100 $50 Shamrock #3 (Field Hockey) $20 $8 $100 $50 St. Peters $20 $8 $100 $50 Lowell $20 $8 $100 $50 Beaconsfield $20 $8 $100 $50 *Rates are per day /per field. These changes will provide additional revenue for the general fund as per Council's direction, as well as help offset operational cost of the City of Saint John recreation facilities. All current user groups and long standing customers have been notified of the rate increases and structure. Council Priorities: The proposed changes in user fees for recreation facilities conform to Common Council priorities for 2009 -2012 for Revenue Generation in that staff have been directed to; 1. Investigate and implement revenue generating strategies separate from assessment generated funds to increase general revenues by $1.5 million per year by 2012. 2. Aggressively pursue all possible internal and external revenue generation/ cost - cutting opportunities including fee increases and exemption from paying provincial property taxes on municipally owned buildings. FINANCIAL IMPLICATIONS Based on the previous year utilization of City of Saint John recreation facilities, the estimated revenue generated will be approximately $120,000. With an operating budget of $1,208,259, this revenue represents approximately 10% cost recovery. These changes will help offset operational cost of the City of Saint John recreation facilities as well as meeting Council's objective of generating an additional $50,000 in sport field revenue. RECOMMENDATIONS This report be received and filed. ReJ ctfully y submitted, Ray Walsh, Win. Edwards, P.Eng. Parks Operation Manager Commissioner 862 lriirick Woo City Manager REPORT TO COMMON COUNCIL M &C2012 -87 April 17, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engineering Inspection Services 2012 BACKGROUND The City of Saint John Common Council has approved the 2012 Water & Sewerage Utility Fund Capital Program consisting of 31 projects totaling $19,457,635 and a 2012 General Fund (Storm & Transportation) Capital Program consisting of 13 projects totaling $5,741,000. A portion of the projects in the 2012 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 10 "in- house" designed projects during the 2012 construction season. ANALYSIS In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to seven local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Seven firms have submitted proposals in response to the RFP providing resumes for inspection resources including hourly rates. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $69 Intermediate Inspector - $77 Senior Inspector - $86 803 M &C2012 -87 April 17, 2012 Page 2 The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All seven engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the seven consulting firms on a rotational basis. FINANCIAL IMPLICATIONS The total overall cost for engineering inspection services for 2012 is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2012 to be approximately $300,000 plus 13% H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2012 Capital Program project budgets. INPUT FROM OTHER SOURCES The Request for Proposal document and this report have been reviewed with the City's Purchasing Department. RECOMMENDATION It is recommended that Common Council authorize staff to establish a supply agreement for the provision of engineering inspection services for 2012 Capital Program projects in accordance with the hourly rates provided in this report. Respectfully submitted, Wm. Edwards, P.Eng. Commissioner Transportation & Environment : VI-100 G� Z J. Patrick Woods, CGA City Manager PROCLAMATION WHEREAS: the Greater Saint John Safe Kids Committee in the City of Saint John, County of Saint John, Province of New Brunswick is concerned about the safety and health of its citizens; and WHEREAS: the Safe Kids Week as presented by Greater Saint John Safe Kid's Committee, is dedicated to preventing and reducing all injuries especially those which lead to disability and death in the City of Saint John, the committee wishes to inform citizens that MOST injuries are preventable by locking up and /or removing harmful items from reach, looking first before you do something, wearing the proper gear, getting trained, and WHEREAS: this year's campaign focuses on poison prevention offers measures that each responsible person can take to ensure their safety, as well as the safety of others they are responsible for, and that they are fully aware of the possible dangers in and outside of the home, and will take due and diligent care to prevent exposure to, and ingestion of, harmful items including, but not limited to, medications, household cleaners and chemicals, makeup and personal care products, plants, and lead paint WHEREAS: the committee will be holding an annual Safe Kid's Expo Saturday, June 2nd, from 10:30am until 2:30pm at the Rockwood Park Kiwanis Play Park; and NOW THEREFORE: I, Mayor Mel Norton, of the City of Saint John do hereby proclaim the week of May 281h thru June 3rd as National Safe Kid's Week and call upon all citizens and urge everyone to take the time to prepare yourselves and your children to think safety first, this week and every week thereafter. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 105 Rockwood Park 'het to watt"we W�, tke k e2 rt of tke cLt� WWWW w fm' 9 iY iF. s_ 1 Aiw r it _ _ . ^, _. E =w�a � u. ■o �i ld�f�r ' Iti '�I■ '.�:- ... �.■ .. rein _. oil 106 Rockwood Park Staff • Emilie Murphy - Rockwood Park Naturalist • Nona Tilley - Rockwood Administrative Assistant • Greg Cutler — Rockwood Special Event Coordinator MIA 0 0 0 Who Uses the Park? Calendar of Events at — www.rockwoodpark.ca — Interpretation Centre Park Events 50,000 + Outdoor recreation 600,000+ Interpretation Centre 20,000+ ird- 1 4. - - What's Happening in the Park? MR, • Pond Hockey • Soapbox Derby • Marathon by the Sea • Eco- challenge • Canada, NB, Labour Day • Celebrating Green Space • Canoe Tournament • Senior Friendship Games • Intl Trails Day • Folk Festival • Art In the Park Management of our Resource 'Ev�,coL,w2ge Tw�,D tcse wkUe at tke saw-e ti,vm protecti,o,q tine ecoLoqic2 L — Trail signage — Map — Fostering ownership — Direction for other Parks City wide. iNIN •c Naturalist Programs- connecting with nature -Trail signage /Map - Educational talks for all ages - photography - astronomy - gardening - birding -plant ID - composting /community garden - training your dog for the Park -Trail building 'to use tke T>2 6z as 2w oL/ct� oor classroowC 151 Stakeholder Cooperation Key • Marketing the Park as a package — Public /Community Garden — Pavilion — Cafe — Daytripping (outdoor adventure) — Interpretation centre — Campground — Beaches — Stable — Zoo — Golf Course — Top class trail system II, 1 r a v r.tf /5< �I PARC ROCKWOOD PARK 152 � f.r O ri 13 on a cW aMenture. uroQ try Me uxerpreMon c.erwe for a VW rr t SS traits to explore year round a. +o o Horseback ride, cnm oountry sla and skate, just five ffwwtes from t I S Vzut us for the day or stay a ktt;e wNe bnger in the can pgrouncf, ❑ the c2Y 1 4w r �.'�,� ,� •_ . � .�'�- ,I�,.�•p .may � Im �nT'i .�I:• .. .. .. i�� •� T 153 Capital Projects at Rockwood 154 Rockwood Park Re- Development Project crnfi. -1 d_{ Ily I -irry 1'cgl. Cell rsr.L'IV Lily L.-t e lac Mly 1- LAJJ&?JNp l �nrlllr, -n l P_rnlaal Orin MW { uo„, ene OWIL.n4aal MIN Trail I � - �� • - &rN.kw 044 174VIr 4M;W.A3rlrasJ s ' i.rlar w mwl±x�ia.N q�ir� i• .' lei -° --' _ /- � Prcl'�cc U- Itr•IIa Pam l$^. I'Igd G15916SG a, Ago OEM Pro `e Rockwood Park Re-development Pr%'CCI t de re-Fame'nagement du Parc Rockwood 155 Rockwood Park Re-Development Project P109LLI 71 FUNIL Par -unc 3ind Vv iiir. ArOm I Xim 'IF f4'j l:Plydfllf? . s E3 A m m m AvrWwtj LLt IC i4b a. Rockwood Park Re-develo-p--ment Proiec Projet de re"ame I nagemcnt du P c Rockwood ... r5 "I. N1 r. I V_ '20-Ph I N4 W t 16iH ICL 2LIUN 156 Saint John Horticultural Association .1` a .'7 ---' SAINT JOHN IIORTICTILTVRAI 1 ASSOCIATION I 1993 — 1993 -Mlt 11"M1 It f1 ACID TO0.Var WQ All ! ^�� •,,, (\Vf.1AtK•1 a61Ca/ I D if, IM ff and Ml(.N101 01 10VMf\ LWa A� r ...'fir i ''v � - � r'J. .• , -•H;:• �`. ,tea � - ., • -y,,,: 4��1. 1 � , '. ., .� � . ••r,t -�ti.i � w1 Wit'.^ � � +'.1. . 157 Saint John Horticultural Association • Founded 1893 • Entirely volunteer • Partially funded by the City • Pavilion Advisory Board • Rockwood Park Advisory Board • Supervise maintain Public Garden and Campground i N UV Use of SJHA facilities �- �? -. • 11 Weddings for Public Garden • 30 groups registered for pictures • Proms • Campground 22,000 • Pavilion 230 events — Weddings — Corporate events — Fundraisers r-: . IF '- � • 159 Request for in kind service • Free up some money for improvements • Removal of chain link fence • Planting along Seely Street • Maintenance of gravel wa I kways • Expansion of entry from Seely Street • Paving of roadway iRN Sculpture Saint John • Would like Public Gardens to be considered as a location ti Sculpture Saint John August 2 - September 15. 2012 Agnessa Petrova - Bulgaria E Radoslav Sultov - Bulgaria I[ I Hirovuki Asano - Japan r F P Jhon Gogaberishvili - Georqia Jo Kley - Germany Jim Boyd - Canada In Conclusion • Many Stakeholders and Volunteers — Emera gift — Municipal, Provincial, and Federal Gov't — Prominent local businesses — Citizens • Revitalized use of the Park • Let's keep the momentum going! W 9.1(ai BY -LAW NUMBER C.P.110- 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 with an area of approximately 2.5 hectares, located at 3 Water Street, also identified as being PID Nos. 55011894, 55209159, 55209167, Ward Street and Peters Wharf, from "ID" Integrated Development and "T" Transportation to "ID-W" Integrated Development — Waterfront - 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. 2012 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arret6 sur le zonage de The City of Saint John, decr&6 le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe <<A>>, Carte de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 2,5 hectares, situee au 3, rue Water, et 6tant aussi les NID 55011894, 55209159, 55209167, rue Ward et quai Peters, de zone de developpement integre ID >> et zone de transport « T >> A zone d'amenagement intdgrd — secteur riverain « ID-W >> - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. 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/Greffiere communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 123 PROPOSED ZONING BY -LAW AMENDMENT RE: 3 WATER STREET (FUNDY QUAY) Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, April 23, 2012 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 2.5 hectares, located at 3 Water Street, also identified as being PID Nos. 55011894, 55209159, 55209167, Ward Street and Peters Wharf, from `1ID" Integrated Development and "T" Transportation to "ID-W" Integrated Development — Waterfront, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the redevelopment of the site with a mixture of residential, retail, commercial/office and hospitality uses. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of 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. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 3, RUE WATER (FUNDY QUAY) Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a I'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 23 avril 2012 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 2,5 hectares, situee au 3, rue Water, et etant aussi les NID 55011894, 55209159, 55209167, rue Ward et quai Peters, de zone de developpement int6gre o ID o et zone de transport o T » a zone d'amenagement int6gr6 — secteur riverain « ID-W)), comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre le ream6nagement du site avec un m6lange d'usages residential, de detail, commercial / bureau et d'accueil. Toute personne int6ress6e peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de I'urbanisme et du developpement a 1'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 fdri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention de la soussign6e A l'h6te1 de ville. Si vous auriez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffi6re communale 658 -2862 Willi 0 is (aussl dlsponible en fron;trls) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar I Compatible Use Zoning By -law Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Mailing Address of Applicant (with Postal Code) _ ©Ale- Nt Wk f -t �c, a ,4 „G S'4/�t T6 L_ *z6 Y Home Telephone Number Work Telephone Number SO (� (o 7q— Y1 572- Fax Number 5,,916 — % T 9 — 4P y % E -mail ke•11 �.4C� t(Q/'� 5 uiRTe r @v v� . C.eL+'I Name of Property Owner (if different from applicant) y p �h N Mailing Address (with Postal Code) C 0. 60 k / q% 1 6 "#19e/ e CS?/+l? / t? r� M O4 � V ► N . �V�, � i Property Information Location 3 Wf4fe r Sfge- -f SSo N g9 ti s �� 9. S5.2 B 9i& 7 wAw� s� Civic # Street P1D ee erg W Existing Use of Property Proposed Use of Property Existing Plan Designation of Property a4f4posed Plan Designation of PmPc1ty t 661" E Existing Zoning of Property tt T 14 " O "� Proposed Zoning of Property try ^_ D — W Description of Application Describe what you propose to do (attach additional pages if necessary). �.F J4 ++-Af t,.ke dC . Ire n a NOTE: If the applicant is NOT er, the cr's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Date For Office Use Only Reviewed by Date _ Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ 7r _ . mw _ ❑ Other AMA low P.O. Box 1971 Saint John, N B Canada E21. 41.1 w .saintjohn.ca C.P,1971 Saint John. NA. Canada ER 41.1 SAINT JOHN rroaasr w. it 1 Planning Advisory Committee April 18, 2012 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning 3 Water Street (Fundy Quay) �R n City of Saint John On March 26, 2012 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 17, 2012 meeting. Kent McIntyre was in attendance at the meeting on behalf of the applicant, Saint John Development Corporation, and was in favour of staff s recommendation. The Committee raised a question regarding the potential impacts of development on the subject site might have on properties on Water Street. It was suggested that the Saint John Development Corporation engage the property owners of this area of Water Street to ensure that community dialogue is included in the process as the project develops. Mr. McIntyre was in agreement with this suggestion and committed to talking with neighbouring property owners as plans for the Coast Guard Site develop. Mike Richard, a property owner on Water Street near the subject site, appeared before the Committee to express his concern regarding the lack of a specific proposal as a part of the rezoning application. Mr. McIntyre stated that a detailed plan that included site design, architectural concept sketches and specific land uses would be more appropriate at this stage before the rezoning of site occurs, and the plan to develop the Coast Guard Site proceeds any further. Staff responded that the current rezoning application was a necessary preliminary step to facilitate the process of shopping the subject site to potential developers. Staff further explained that Section 39 condition 2(b) in the application was designed precisely to ensure that any future development plans for the site would be required to return to the Committee and Common Council for approval, which would involve ample opportunity for the public to offer any feedback or express any concerns. Mr. McIntyre returned to the podium to add that the existing zoning of the properties has been a prominent concern expressed by developers thus far. No other persons appeared before the Committee and no letters were received. After considering the report, comments made by the applicant and the concerns expressed by Mr. Richard, the Committee recommended approval of the rezoning 127 -2- of the property from "T" Transportation and "ID" Integrated Development to "ID -W" Integrated Development — Waterfront, subject to the conditions set out below. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 2.5 hectares, located at 3 Water Street, also identified as being PID Nos. 55011894, 55209159, 55209167, Ward Street and Peters Wharf, from "ID" Integrated Development and "T" Transportation to "ID -W" Integrated Development — Waterfront. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2.5 hectares, located at 3 Water Street, also identified as being PID Nos. 55011894, 55209159, 55209167, Ward Street and Peters Wharf, be subject to the following conditions: a) The use of the site shall consist of a mixture of residential, retail, commercial/office and/or hospitality uses as generally described in the submitted proposal of the Saint John Development Corporation, dated March 9, 2012 and entitled "Rezoning Application - Fundy Quay Development, City of Saint John, Saint John, New Brunswick ". b) No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, building elevations, a landscape plan and a grading plan, all of which are to be prepared by the proponent of the development and subject to the approval of Common Council, as a statutory amendment to these conditions. Respectfully submitted, Eri Falkjar Chairman ILI Project No. 12 -076 r � DATE: TO: FROM: FOR: PREPARED BY: APRIL 13, 2012 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING PLANNING AND DEVELOPMENT MEETING OF APRIL 17, 2012 Jody Kliffer��,• Planner REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Name of Applicant: Saint John Development Corporation Name of Owner: City of Saint John, Public Works and Government Services Canada Location: 3 Water Street (Fundy Quay) PID: 55209167, 55209159, 55011894, Ward Street and Peters Wharf Municipal Plan: Primary Centre (Uptown) Zoning: Existing: "T" Transportation and "ID" Integrated Development Proposed: "ID -W" Integrated Development — Waterfront Proposal: To permit the redevelopment of the site with a mixture of residential, retail, commercial/office and hospitality uses. Type of Application: Rezoning (44)- SAINT OHN P.O. Box 1 971 Saint john, NB Canada E2L 40 www.saintjohn.ca C.P. 1971 Saint j0n, N. -B. Canada E2L 4L1 129 Saint John Development Corporation Page 2 3 Water Street (Fundy Quay) April 13, 2012 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a public hearing on Monday, April 23, 2012. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 2.5 hectares, located at 3 Water Street, also identified as being PID Nos. 55011894, 55209159, 55209167, Ward Street and Peters Wharf, from "ID" Integrated Development and "T" Transportation to "ID -W" Integrated Development — Waterfront. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2.5 hectares, located at 3 Water Street, also identified as being PID Nos. 55011894, 55209159, 55209167, Ward Street and Peters Wharf, be subject to the following conditions: a) The use of the site shall consist of a mixture of residential, retail, commercial/office and/or hospitality uses as generally described in the submitted proposal of the Saint John Development Corporation, dated March 9, 2012 and entitled "Rezoning Application - Fundy Quay Development, City of Saint John, Saint John, New Brunswick ". b) No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, building elevations, a landscape plan and a grading plan, all of which are to be prepared by the proponent of the development and subject to the approval of Common Council, as a statutory amendment to these conditions. BACKGROUND: The area known as the "Coast Guard Site" is shown on the attached location map, and includes the City - owned parking lot, Ward Street and Peters Wharf. Two planning studies have identified the critical role this area should play in the context of revitalising the greater Uptown area. The first study, "the Uptown Strategy ", was completed in 1994 and designated the site Low Intensity Mix. This designation included a number of policy statements designed to encourage pedestrian friendly, mixed -use developments on the waterfront that enhance the public realm. The study highlighted the waterfront as a unique area of the City that is "the focus of our maritime heritage in Saint John ". Recognising the importance of the waterfront, the study went on to offer policy direction to Council that would ensure greater public access to the waterfront. In 2003, the City commissioned the Saint John Inner Harbour Land Use Plan and Implementation Strategy. This plan offered a number of recommendations to repurpose the lands along the waterfront as a mechanism to enhance the public realm and generate a greater sense of place for this area of the 130 Saint John Development Corporation Page 3 3 Water Street (Fundy Quay) April 13, 2012 Uptown. These recommendations were incorporated into the previous Municipal Plan in 2009, and informed the policy direction for the new Municipal Plan, which was adopted earlier this year. The "ID- W" Integrated Development - Waterfront zone was created and incorporated into the Zoning By -law at the same time as the adoption of the waterfront policies in 2009. Shortly after the Saint John Inner Harbour Land Use Plan and Implementation Strategy was adopted in 2003, the City resolved to acquire the Coast Guard site properties with the intention of tendering proposals from the private sector to redevelop the lands, and implement the vision expressed in the Plan. Although the property with PID number 55011894 containing the commercial parking lot has been owned by the City for a number of years, the property with PID number 55209159 was acquired by the City in 2011. The third property, PID number 55209167, is not yet owned by the City, but the Saint John Development Corporation intends on acquiring this property from the federal government in the near future. In 2003, Council expressed a desire to solicit interest from local developers for the development of these properties. The successful proposal was submitted by the Hardman Group and included a phased development plan spanning the better part of 15 years. However, the developers were unable to follow through with the project in the timeframe mandated by Council. As such, Council, through its agent Saint John Waterfront Development Corporation, has once again begun the process of soliciting proposals for the redevelopment of these properties; however, this time the pool of potential developers has expanded from a priority rested on the local community, to experienced developers from a broader region with expertise in waterfront development. Prior to receiving any new proposals, the Saint John Development Corporation is seeking to rezone the site from the existing "T" Transportation and "ID" Integrated Development zones, to "ID -W" Integrated Development- Waterfront zone in order to better position the lands for redevelopment. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the rezoning application at this time: • Water and sewer servicing is available — all grades and pressures must be verified by developer's engineering consultant. A servicing proposal will need to be submitted by the developer's engineering consultant to the City for review and approval; • An engineering water and sewer analysis must be completed by the developer's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows; etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. If any upgrades to existing infrastructure are necessary, this will be a responsibility of the developer. Detailed engineering plans must be submitted prior to determining this; • The developer must provide a site drainage plan/report indicating how storm water collection and disposal will be handled; • It is not clear form the proposal how the buildings are planning to be serviced. Detailed engineering drawings must be submitted to the City for review; and 131 Saint John Development Corporation 3 Water Street (Fundy Quay) Page 4 April 13, 2012 • A traffic impact study must be provided by the developer's traffic engineering consultant to the City for review and approval. Buildings and Inspection Services has been informed of this application. Saint John Fire Department has no concerns with this application. Saint John Transit has been informed of this application. Saint John Parking Commission has been informed of this application. Saint John Energy has been informed of this application. Bell Aliant has been informed of this application. Rogers has been informed of this application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns with this application. ANALYSIS: Site and Surrounding Area The subject site is located in the Uptown area of Saint John, adjacent to Market Slip and the Loyalist Plaza, and abutting Water Street on the eastern edge of the property. The buildings on the subject site include a four- storey office building, a two- storey office building and two single- storey sheds. The site also contains a commercial parking lot, a working yard for the Coast Guard operations and a helicopter landing pad. Part of the site has restricted public access, and very little landscaping, except for the area adjacent to Water Street and Loyalist Plaza. Proposal As stated above, the Saint John Development Corporation, the administrator of the subject properties, is in the process of soliciting interest from the private sector for the redevelopment of the subject site. The proposed "ID -W" zone, which was created to help realise the stated vision for the Coast Guard site and other waterfront properties as identified in the Inner Harbour Land Use Plan, provides for a broad range of land uses that would complement the area as it transitions from a marine transportation site focused on the operations of a coast guard facility, to a mix of uses that align with the policy direction established in the new Municipal Plan. The "ID -W" Integrated Development — Waterfront zone provisions require that any permitted uses be tied to a specific proposal pursuant to Section 39 of the Community Planning Act. The current application is for the purposes of the rezoning only, and does not include any detailed proposal at this time, other than the attached preliminary concept that has been prepared by the applicant. The proposal submitted by the Saint John Development Corporation describes a number of uses for the site, including a mix of retail, residential, commercial /office and hospitality - related uses, all of which are recognised by the Municipal Plan as appropriate for this area. The Municipal Plan 152 Saint John Development Corporation Page 5 3 Water Street (Fundy Quay) April 13, 2012 describes the need for any new development along the waterfront to include "the provision of a high quality public realm, improved pedestrian accessibility, and a mix of land uses including commercial, residential, cultural and other appropriate uses which benefit from a waterfront location ". To ensure this standard is upheld, any forthcoming specific proposals should include a detailed site plan, a context plan, building elevations, a landscaping plan, and any other plans relevant to the proposed development. The redevelopment of the subject site has broad implications for the larger Uptown area, and should therefore be held to the high standards expected by the community and communicated in the Inner Harbour Land Use Plan, as well as in the Municipal Plan. CONCLUSION: The Saint John Development Corporation, the applicant, is seeking to rezone the subject site as a preliminary step to a larger vision that will involve the redevelopment of the Coast Guard Site. The proposed "ID -W" Integrated Development- Waterfront zone was a zoning category that emerged after the adoption of the Inner Harbour Land Use Plan in 2003. The zone includes a broad range of permitted uses intended to facilitate the realisation of the established vision for this area of the waterfront. Approval of the proposed rezoning can be recommended, provided that the details of the site development be subject to Common Council's review and approval as a statutory amendment to the Section 39 Conditions. JK Project No. 12 -076 133 lo. � BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une rdunion du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr&6 cc qui suit : 1 A by-law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 226 immediately after Section 225 thereof, as follows: 226 The City of Saint John does hereby stop up and close permanently the following highway: UNDEVELOPED FIFTY (50) FOOT WIDE PUBLIC STREET (OFF JEAN STREET) in the City of Saint John, County of Saint John, Province of New Brunswick, extending eastwardly from the eastern sideline of Jean Street maintaining a breadth of fifty (50) feet a distance of one hundred (100) feet more or less to the western sideline of Lot 07 -1 (being Service New Brunswick Parcel Identifier #55188577) and designated "STREET" on a subdivision plan titled: "Subdivision Plan The Municipality of The City & County of Saint John to Charles W. Bettie & Mary G. Bettle Amending Lots 10, 10' /Z, 11, 12, Courtenay Heights by G.G. Murdock Feb. 15, 1924, Rev. May 21, 1942, Situated Parish of Simonds — St. John Co., NB" , dated June 1, 1962, approved by The Town Planning Commission of Metropolitan Saint John on June 28, 1962 and filed in the Saint John County Registry Office on June 29, 1962 as File 37 #28. 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: 1 Par les pr6sentes, 1'arret6 de The City of Saint John intitul6, «L'arret6 sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John >», d6cr6t6 le 19 d6cembre 2005, est modifid par 1'ajout de Particle 226 imm6diatement apres Particle 225, comme suit: 226 Par les prdsentes, The City of Saint John barre et ferme de faron permanente la route suivante : RUE PUBLIQUE NON AMENAGEE DE CINQUANTE (50) PIEDS DE LARGE (RUE QUI PART DE LA RUE JEAN) dans The City of Saint John, comte de Saint John, province du Nouveau - Brunswick, se prolongeant en direction de Pest a partir de la limite laterale est de la rue Jean, en conservant une largeur de cinquante (50) pieds, soit une distance de plus ou moins cent (100) pieds de la limite laterale ouest du lot n° 07 -1 (portant le num6ro d'identification de parcelle 55188577 de Service Nouveau - Brunswick) et indiquee comme « RUE >> sur un plan de lotissement nomm6 : o Subdivision Plan The Municipality of The City & County of Saint John to Charles W. Bettle & Mary G. Bettle Amending Lots 10, 101 /Z, 11, 12, Courtenay Heights by G.G. Murdock Feb. 15, 1924, Rev. May 21, 1942, Situated Parish of Simonds — St. John Co., NB », dat6 du 1' juin 1962, approuve par la Commission d'urbanisme de The City of Saint John le 28 juin 1962 et depose au bureau de 1'enregistrement pour le comte de Saint John le 29 juin 1962, sous le dossier ri 47, document no 95. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arretd le 2012, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffi&e communale First Reading - March 12, 2012 Premi6re lecture - le 12 mars 2012 Second Reading- March 12, 2012 Deuxieme lecture — le 12 mars 2012 Third Reading - Troisieme lecture - 234 City Hall 15 Market Square March 15, 2012 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: RE: Graffiti Overview: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 ., , City of Saint John The Saint John Police Force in consultation with the Waterloo Village Association has prepared a report and series of recommendations with regard to eradicating graffiti in Saint John. Graffiti is an expensive and defacing form of vandalism which reduces property values, promotes an undesirable image of our city, undermines a sense of security and safety, and diverts valuable tax dollars from the delivery of other city services. The Saint John Police Force, and specifically Constable Dan Weber of the Community Services Unit, has prepared an extensive report which includes sample by -laws from other jurisdictions as well as examples of graffiti in our community. Motion to Refer: That the City Manager refer to the office of the City Solicitor the report from Constable Weber and the Waterloo Village Association with a view to preparing a report and recommendation on the implementation of the graffiti management by -law for the City of Saint John. Respectfully submitted, (Received via email) Mel K. Norton Councillor Saint John City Council 238 REPORT TO COMMON COUNCIL M &C2012 -101 April 17, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT Engineering Design and Construction Management Services: Spruce Lake Water Treatment Facility Pump and Back -up Power Replacement PURPOSE The purpose of this report is to update Council on the status of the Spruce Lake Water Treatment Facility Pump and Back -up Power Replacement project and associated costs. BACKGROUND On April 12, 2010 (M &C 2010 -112), Council approved the engagement of Dillon Consulting Ltd. to provide engineering services (design and construction management) for the Spruce Lake Water Treatment Facility Pump and Back -up Power Replacement project. The proposed cost for design and construction management from Dillon Consulting Ltd. at that time was $220,350 including HST based on an 8 -week construction management period. The original Request for Proposal contained a detailed project scope. During the course of the design and construction management work, a number of items arose that increased the project scope as well as the construction management period. These items included: Coordinate permitting with the Department of Environment for existing fuel storage requirements at the facility for the existing generator and implementation of design requirements as requested by DOE. • Monitor demolition and removal of existing lime silo that was no longer in use and was in a deteriorated condition. -o: M &C2012 -101 April 17, 2012 Page 2 • During construction /commissioning, it was necessary for the consultant to coordinate the troubleshooting and inspection for the upgrades /repairs to existing valves that were to remain in operation. • Additional construction management time associated with a longer than anticipated construction period (29 additional weeks). This certificate of Approval to Construct issued by the Province of New Brunswick to the City as part of the approval process for this project required that "during construction, the engineering design team provide full time inspection services." The primary work at the treatment facility is now complete and included three new water pumps and a back -up diesel generator which have been tested and placed into service. This was a very complex project given that the contractor needed to construct and commission the new infrastructure in phases within a fully operational water treatment facility. Although construction extended beyond the initial schedule, it is important to note that water service to the west side of the City was maintained without interruption throughout construction. FINANCIAL IMPLICATIONS The consultant's fee of $220,350 was derived from the original project scope. The increased scope of work and the additional time to carry out the construction management as outlined in the analysis above has required the consultant to perform additional work over an extended period of time. The final cost for design and construction management services for this project is expected to be $387,000. The approved budget for the overall project is $1,755,000. The final net cost of this project including design, construction and construction management costs and after considering the City's eligible HST rebate is $1,819,548.10 resulting in a negative variance of $64,548.10 in the Water & Sewerage Utility Fund Capital Program. This variance can be managed within the overall Utility Fund Capital Program envelope. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, /j Wm. Edwards, P. E Commissioner Transportation & Environment )-J. Patrick Woods, CGA City Manager 404 �A SAINT JOHN SAINT JOHN TRANSIT COMMISSION 55 MCDONALD STREET / 55 RUE MCDONALD SAINT JOHN, N.B. CANADA / SAINT JOHN, (N.-B.) CANADA E2J OC7 Mayor Ivan Court and members Of Common Council PO Box 1971 Saint John, N.B. Dear Mayor Court and Councillors: TRANSIT INFORMATION (506) 658 -4700 www.thinktransit.com GENERAL OFFICES (506) 658 -4710 FAX (506) 658.4704 As requested by a motion of Common Council, the following outlines the reason for the Saint John Transit Commission policy of using only large heavy duty buses for the delivery of transit services. As is the case with most transit systems, Saint John Transit Commission uses only large heavy duty buses for our service delivery. Observers of our operation are often critical of this policy, usually as a result of observing large buses with few passengers operating during off -peak hours. The following outlines the rational for our large vehicle policy. 1) Large, heavy duty, diesel buses provide transit systems in Canada with a vehicle that can be expected to last a minimum of 18 years with one major frame repair around year 12. This life expectancy can be extended even longer than the 18 years, but the refurbishment cost for a second extension is usually not as cost effective as purchasing a new replacement vehicle. Currently, the life cycle capital cost, including one refurbishment, for the 18 years is $30,000.00 per year. 2) Smaller inexpensive transit vehicles, usually built on one ton truck frames, have been found to have a life cycle of less than 3 years, in a high hour transit service. The life cycle capital cost for these vehicles are in excess of $30,000.00 per year and they are not suitable for refurbishment due their much lighter framing. 436 3) Transit systems are very high hour operations and the ongoing maintenance costs for a heavy duty vehicle are far less per hour than what would be experienced for light duty vehicles. By way of example, a newer bus at Saint John Transit will normally see 3500 hours of service per year, which would be the equivalent of around 300,000 kms per year on a highway vehicle. This simple fact clearly indicates that light duty vehicles would have great difficulty in seeing 3 years of service. 4) The major cost in operating a transit system is labour cost (over 60 %). During peak hour service, between 7:30 am and 9:30 am, and between 3:30 pm and 6:00 pm, most transit systems operate their entire available fleet with full loads on at least one, or on several of these peak hour trips, on most of the routes. The use of smaller vehicles during these periods would require a transit system to need almost twice as many vehicles, operated by almost twice as many drivers; with perhaps triple the operating costs, to transport the same number of passengers for the same amount of revenue. The financial impact of such a scenario would be disastrous. Buying small buses to operate during off peak would simply result in the acquisition of a second fleet, with additional capital costs and maintenance costs. 5) People are not always aware of the fact that we greatly vary the number of buses in service throughout the day depending on the level of demand. For example, during peak hours transit may operate over forty buses in our service area, but at noon or after 6:00 pm we may have only ten or twelve buses in service, dropping down to four buses after 10:00 pm. Buses that only see six to eight hours of service a day, during the peak hours, are usually the older units that have been refurbished. 6) Smaller buses can meet a need in certain specific transportation situations that have low hours of service and even passenger volumes, airport shuttles are a good example of this type of need, but scheduled transit service is very definitely not that type of operation. We hope the above will provide Common Council with a better understanding of our policy, which I would add is the standard policy throughout the transit industry, and give them some comfort that we are in fact doing the right thing. Yours truly, Chris Titus Chairman 439 ZONE 4 BASEBALL & SOFTBALL ASSOCIATIONS April 20, 2012 Your Worship and Council, Saint John is a `city of neighborhoods' and residents refer to where they live by their neighborhoods. Council has stated in its priorities that we are a City that draws people — they want to live here and we have revitalized neighborhoods that are safe, vibrant, and attractive. Our community vision is clear: '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'. (City of Saint John website) The Sport and Recreation Facilities Services supports this vision and have stated their community outcomes as: ■ Leads to the development of physical and mental well -being for all citizens ■ Enhances quality of life in the community by supporting a variety of sport and recreational opportunities ■ Contributes to life experiences that impact the body, soul, and mind building moral values and character. This is an investment for future leadership ■ Enhances financial opportunities for the City of Saint John by attracting new residents, visitors, and business Healthy Weights for Healthy Kids Report (March 2007, 30 Parliament, 1 ■ Session) has told us: ■ Childhood obesity has become an "epidemic" in Canada ■ 26% of young Canadians aged 2 to 17 years are overweight or obese ■ Overweight and obesity in children is linked to inadequate physical activity ■ Children and adolescents who participate in both unorganized and organized physical activity are at lower risk of being overweight and obese ■ Healthy communities with sustained social support networks can provide a backdrop for greater overall health among children ■ The role of strong cohesive communities in combating childhood obesity ... whereby people share time and resources to engage children and parents in physical activities ■ Where a child lives is a major determinant of obesity. For example children living in better neighborhoods are reported to have only a 50% of the risk of becoming overweight... factors such as greater access to playgrounds and parks contribute this difference ■ Investing in children now will pay off in this generation This leads me to present to you an issue of great concern currently occurring in our City. 1 ask on behalf of our communities, our families and children, that Your Worship and Council review the proposed sports field cost recovery user fees. Background: On March 3rd, 2012 a letter was written to the patrons of Saint John sports fields notifying of changes in the upcoming season. In the letter Leisure Services Acting Commissioner stated that we have been mandated this year by the Council both to increase rental rates, and reduce our expenditures. As a result there are two significant changes that will take effect this season: 1. Field rental charges will be increasing by approximately 90 %. 2. Field consolidation will have to take place to lower operating costs. This will mean concentrating that majority of play at our complexes (Forest Hills, Memorial, Shamrock, and Allison Grounds). Other fields will be retained if there is a demonstrated need. A meeting was organized by Leisure Services March 21', 2012 and the patrons of Saint John sports fields invited. Leisure Services reported that they were mandated to increase their revenue by $50,000 — from $56,000 01:1 -2— April 20, 2012 to $106,000. Great concern was expressed by those in attendance over what impact such significant cost hikes would mean. Requests to Leisure Services for a follow up meeting have been declined. On April 12'h, 2012 an email was circulated stating the 2012 sports field cost recovery user fees. As a result we come to you to express how the cost recovery user fees will negatively impact baseball and softball in our communities. Key messages: • Grassroots baseball and softball do not play on the fields that Leisure Services have identified as their core complexes (Forest Hills, Memorial, Shamrock, and Allison Grounds). We play on community fields — Seawood, Barrack Green, and St Rose • The user fee structure will result not in an increase of 90% but an increase of 450 — 600% for minor baseball and softball. Lancaster Minor Baseball and Softball for example will see an increase in costs of 600% - from $1550 base fee to just over $13,000. • The South End community has lost both minor baseball fields — Chown and Barrack Green fields. Leisure Services stated that children can go play in Forest Hills. Recognizing the socioeconomic challenges experienced in the South end community and the lack of city transit services after 6pm we wonder how children will travel to their `new' field. ■ East Saint John has lost its only girls softball field. ■ The Lancaster Minor Baseball & Softball Association accepts all children who want to play ball free of charge who are eligible through the ProKids group. ■ At the meeting on March 21" community representatives asked to partner with Leisure Services and discuss strategies to lessen the impact on grassroots, community based playing fields. This offer has not been accepted. ■ Ball is a volunteer based organization like many minor sport organizations. 1 am specifically involved with the Lancaster Minor Baseball & Softball Association. We are an organization founded by volunteers dedicated to the promotion of baseball and softball. Our mission is to provide for our members of all ages and skill levels opportunities to play baseball and softball for their enjoyment, for their improvement, and for the improvement of the game in an atmosphere in which our players support and respect each other. • Due to the fee structure imposed by Leisure Services, grassroots minor baseball and softball in Saint John may cease to exist As the Mayor of our great city, I ask that you consider our concerns presented in this letter and consider other solutions to the 2012 sports field cost recovery user fees. 1 would like appear before Council to address our concerns. Sincerely, Lisa Byrne Lancaster Minor Baseball & Softball Association & Member of the Zone 4 Baseball & Softball Associations 120 Honeysuckle Drive • Saint John NB • E2M 7M9 Phone: 652 -8779 483 k a REPORT TO COMMON COUNCIL 29 May 2012 - -- �. of His Worship Mel Norton and Members of Common Council city of Saint John Your Worship and Councillors: SUBJECT: Repeal of City of Saint John Pension Act As previously discussed with Council one of the key challenges of introducing the needed reforms to the City Pension Plan is the fact that the plan is governed by a Provincial statute and the City must as a consequence try to adapt its decision making process around the provincial legislative calendar. Discussions have been ongoing with Provincial staff while the actuarial reviews are being conducted on the most recent reform scenario. The time lines remain extremely tight to successfully see the proposed amendments through the legislature this spring. The procedural requirements always pose the risk that the bill will get delayed at some stage in the process. The solution is to repeal the existing act and adopt a Municipal Bylaw in its place. This will allow the plan to continue, move the decision making process to the Council table and allow the amendment process to proceed without regard to the legislative calendar. A local bylaw will also allow Council to quickly address any governance concerns they may have with the current structure. It should be noted that the requirements of the Pension Benefits Act and Income Tax Act will still apply to a bylaw. It is common for municipal pension plans to be governed by a local bylaw and this should not pose a significant administrative burden on the City. Recommendation Be it Resolve that Council, having determined that it is in the best interest of the City of Saint John to assume responsibility over future amendments to its pension plan, request that the Provincial Government proceed with a Public bill repeal of a Private bill entitled: City of Saint John Pension Act, c.112 of the Statutes of New Brunswick, 1994. Res ectfully submitted, atrick Woods, CGA MY MANAGER 142 1,Ub REPORT TO COMMON COUNCIL 29 May 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Plan Amendments The attached information is submitted to provide Council with background information concerning the issue that arose recently regarding proposed plan amendments. Recommendation That this report be received and filed. Respectfully submitted, l atrick Woods, CGA CI Y MANAGER 143 What was the issue? A provision dealing with a change in the definition of service in the City pension plan that was not included in the original staff recommendation was included in a draft version of the pension reform bill. How did the issue arise? After identifying several plan shortcomings to staff in early 2011, the plan actuary made a presentation to Council in March of 2011 in which the issue of the definition of service (and several other matters) was identified as problematic and a matter that could /should be addressed during the pension reform process. He noted that 'membership interruptions occur due to maternity leave, temporary leaves, reaching the 35 year maximum or reaching the City limit.' He advised that, "it is appropriate to not recognize pensionable service for the purpose of pension calculations when an employee is absent from work and is not contributing to the plan. We find it inappropriate, however, that the effect of this is to postpone the date of retirement with an unreduced pension." Council referred the actuary's report to the Reform Group for consideration. The matters raised by the actuary and numerous other options for benefit and funding changes then became a part of the ongoing reform process. Would the pensions of those impacted (maternity, maximum etc) increase as a result of the proposed change? No. Only the amount of credited service with the City would have changed. When did it first appear in draft format? In a draft submitted on December 6, 2011, the Actuary commented at the relevant section of the draft: "We should say here that this period does not count for calculating the pension but does count for retirement eligibility purposes (rule of 85)." What would have been the financial impact of the amendment? The actuary advised at the March session that "to avoid any financial impact this change should not be retroactive. And later, "For new employees joining the plan, continuous service would replace pensionable service. In this way there would be no financial impact on the Plan Fund." He also explained that without the change unreduced retirement date would have been postponed and it will not be with the change. These costs will not be material as few members would be impacted. The actuary recently confirmed that the suggested amendment, "does not affect the actuarial liabilities, nor the current service cost." Would the senior staff involved in the reform benefit from the amendment? No. The City Manager's pension is set by contract, the Solicitor has already fully qualified for a pension and the Commissioner of Finance will have to work to age 65 in order qualify for a pension. 144 What was presented to Common Council? The City Manager presented Council with a reform scenario known as S7b. The issue of pensionable service was not included in the presentation nor was it considered it to be part of the proposed reforms. (attached) What did Common Council approve? Council approved scenario S7b as it was presented and did not add or delete any provisions. What was included in the draft bill? The working draft contained an amendment to change the definition of pensionable service which was not included in the S7b model approved by Council. It is important to note that the bill was /is still under revision and had not been submitted to the Province. How did this error arise? The amendment was incorporated in a working draft in December and was subsequently carried forward in various iterations. The reform process involves a team of staff and professionals that are directly involved in various aspects of developing the various options. To fully understand how this error arose it is important to understand the respective roles of the individuals involved and the nature of the reform process. City Manager — responsible for the policy component — benefit changes, lead discussions with PNB, working with the Actuary to identify alternative models, lead discussions with the Reform Group, negotiations with the Union locals, make recommendations on proposed model(s) to Council etc — works actively with Superintendent, Commissioner of Finance, City Solicitor, Council, Unions, Reform Group, Retirees etc. Commissioner of Finance — responsible for the financial component — affordability, cash flow, budget impact and ultimately the administration of the revised legislation — works actively with the Actuary, PNB, City Manager, City Solicitor, Reform Group - advises Council independently and directly on financial matters and financial aspects of reform City Solicitor — responsible for the legal component — vetting of drafting done by the Actuary's legal branch, preparing notices, ensuring the amendment process satisfies the various legislative requirements — works actively with the City Manager, Commissioner of Finance, Actuary, legislative drafters, translators, Clerk of the Legislature, Dept. Justice, - reports independently and directly to Common Council on legal matters Actuary — advises City staff on various options /industry standards /legislative requirements, develops actuarial analyses as needed, prepares reports and recommendations for consideration by staff and Council — works actively with City staff, provincial actuary, Superintendent of Pensions etc to provide analysis, advice and support 145 Reform Group — comprised of representatives of the various employee groups and retirees — act as a point of contact for various models and proposals and a source of feedback to the City as plan sponsor — ensures member input in reform process City Council — the Council is the plan sponsor and has ultimate responsibility for determining the nature of the plan Given the large volume of material and the complexity of the issues, as a matter of course each party must of necessity rely on the expertise of others in order to fulfill their respective responsibilities. The reform process itself has been ongoing since December 2009. During that period several different comprehensive proposals were developed and presented to Council (Option A, S7, S8, S7b). In addition there were a range of other scenarios developed that after some additional detailed analysis did not merit further consideration. A host of different plan changes and combinations of benefit and funding changes were considered at various points in the process. Meetings and discussions were also held and continue to be ongoing with the reform group, Council, the actuary, the legislative drafters, the Superintendent of Pensions, the four Union locals, the MPNU, the retirees and the Dept. of Justice etc. Council will also note that the last recommendation was prepared against a very tight timeline in order to ensure that the bill could get to the spring sitting of the legislature. In this instance, while Council had the benefit /funding model it did not have all the supporting material available to them at the meeting (draft bill, notice etc.). The complexity of the reform task, the number of iterations, the volume of work for the individuals involved and working to meet tight timelines were all contributing factors. For his part, the actuary saw this amendment as purely administrative in nature, designed to address a flaw in the current act with no impact on the liabilities so did not consider it significant. Finally, because of time constraints the Council did not have all the related documentation in their possession prior to the meeting. Simply put the process generated multiple combinations of benefit and funding changes over an extended period, involved numerous participants, dealt with complex material and decisions often were made against pressing deadlines. In this instance, the amendments for S7b alone are 10 pages long and contain complex provisions designed to enact the plan reforms consistent with the actuarial requirements. The inclusion of this amendment in the draft bill dealing with S7b was an unintentional oversight and there was absolutely no deliberate effort or desire to include a provision that was not approved by Council. Inclusion of this amendment, which was not recommended nor approved, was a mistake made during the course of a complex legislative drafting process. Given the City Solicitor's direct reporting relationship to Council and his responsibility for preparing the amendments to the bill, it is appropriate that he speak directly on the particulars of the legislative drafting process itself. 146 What corrective action was taken? When the issue was identified the City Manager directed that the provision be immediately removed and had the draft legislation reviewed by the actuary for any other potential provisions unrelated to S7b. It is also important to note that the draft bill was still in the development process at this stage and had not yet been submitted to the legislature for consideration. In short, the amendment was removed. Conclusion The draft pension reform bill has yet to be formally submitted to the legislature. A provision dealing with credited service was included in the bill during the drafting process. This amendment was not proposed as part of the S7b reform scenario and was included in error. The complexity of the reform task, the number of reform scenarios, the volume of work for the individuals involved and working to meet tight timelines were all factors contributing to this oversight. The clause was removed and will not be part of the formal submission to the legislature. Learnings It is clear from these events that we can learn from this mistake and take precautions that will help to prevent a similar situation from arising in the future; • Adequate time and professional resources must be made available to consider and review detailed legislative changes for the pension or any other Act. • Council should receive all related documentation as part of the recommendation for any legislative change • Council should receive the material well in advance of the meeting to ensure adequate time to digest and understand the content Recommendation That this report be received and filed. Re ectfully submitted, �J Patrick Woods CGA City Manager 147 SORT TO COMMON COLINCIL May 7, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Pension Reform Update � vm t . The City at Saiiu john Staff continue to work with the plan actuaries and the Office of the Superintendent of Pensions and have, as of Friday, submitted updated stochastic projections based on a more aggressive reform proposal (additional benefit reductions, lower assumed rate of return). It will of necessity take several days for the Superintendent's office to complete their required review and we have not as yet received a response. The development of various reform options is a rigorous and time consuming exercise. There is no guarantee that the Superintendent will be able to respond to the City regarding our latest submission while still providing sufficient time for the City to meet the timelines of the spring legislative session. The timelines to participate in the spring sitting are very tight as can be seen by the attached schedule. There is also a possibility that some aspect of the proposal will not meet the sustainability requirements of the Superintendent and in turn require more refinement and additional time. In order to proceed on a timely basis, it would be necessary for Common Council to approve the attached revisions and to authorize staff to proceed with the necessary advertising. 148 Report to Common Council page 2 May 7, 2012 Re: Pension Reform Update The benefits changes are as set out in the attached document. The primary difference from the Scenario 7 adopted by Common Council in November of 2011 are Frozen Service based on Final Average Earnings ( 3 years) at the date of reform (June 30, 2012) and the retention of the rule of 85 for new hires. The discount rate would also be reduced to 5.25 %. RECOMMENDATION: It is recommended that: 1. Common Council approve the benefit changes as set out in the attached summary; and further that 2. Staff be directed to initiate advertising as required by the Private Bills Committee process. Respectfully su Grego J. eomans, CGA, MBA Com is oner of Finance and Administrative Services atrick Woods, CGA City Manager 149 City Solicitor's Office Bureau de 1'Avocat Municipal 7be Cfty ofSakt john MEMORANDUM. City of Saint John Pension Act Re: 2010 -2011 Proposed Amendments File No.: 2083(C) FROM: John Nugemi DATE: May 4, 2012 RE: 'timeline for Legislature's considering proposed amendments to the City of Saint John Pension Act May 7, 2012 Common Council approval of proposed changes. May 8, 2012 (1) Notice of Application respecting proposed changes delivered to the Royal Gazette (provide electronic copy to Nancy Moar who will deal with the Royal Gazette Office). (2) Notice of Application delivered to four Provincial newspapers for publication in three successive weeks (Fancy will also look after that) and it involves the daily newspapers published in Saint John, Fredericton and Moncton as well as L'Acadie Nouvelle. May 16, 2012 Notice of Application published in Royal Gazette. May 30, 2012 The conclusion of the two week publication period required in the Gazette. Jane 1, 2012 Bill introduced into the House and first reading given (this assumes that there is still a sponsor for the Bill). 150 Page June 7, 2012 Standing Committee holds Hearing and if the Committee is prepared to report favourably to the House, does so on this date. June 8, 2012 Second and third reading given by the Legislature. John L. Nugent City Solicitor J LN/bm 151 CITY OF SAINT -JOHN PENSION PLAN SUMMARY OF FINANCIAL IMPLICATIONS OF ASSUMPTIONS CHANGES, BENEFITS CHANGES AND RELIEF MEASURES AS AT DECEMBER 31, 2011 152 S7 b) at 5.25% with S7 b) at 5.75% S7 b) at 5.25% a Revised Investment Polic Actuarial assumptions - Valuation Discount Rate 5.75% 5.25% 5.25% - Mortality table no loading no loading no loading - Valuation of assets Market Value Market Value Market Value - Provision for fees (6 %) None None None Investment Policy - Cash 5.00% 5.00% 5.00% -Long Term Bond _ 0 00% I 30.00% 45.00% - Canadian Equity 20.00% 20.00% 15.50% , - US Equity 10.00% 10.00% 7.75% - International Equity 10.00% 10.00% 7.75% - Hedge Funds 12.50% 12.50% 9.50% - Real Estate 12.50% 12.50% 9.50% Expected Long -Term Return 610% 610% 560% Benefit changes - Current members and retirees - Past service (prior to Jan 1 2012) - Frozen FAE 3 3 3 - Post retirement indexation suspended suspended suspended - Unreduced retirement age no change no change no change - Salary definition no change no change no change - Future accruals - FAE 5 5 5 - Post retirement indexation no indexation no indexation no indexation - Unreduced retirement age no change no change no change - Employee contribution 9% 9% 9% - Salary definition no overtime no overtime no overtime Relief measures - consolidation of 2010 deficits yes yes N Yes - amortization period 15 15 15 152 CITY OF SAINT -JOHN PENSION PLAN SUMMARY OF FINANCIAL IMPLICATIONS OF ASSUMPTIONS CHANGES, BENEFITS CHANGES AND RELIEF MEASURES AS AT DECEMBER 31, 2011 S7 b) at 5.25% with S7 b) at 5.75% S7 b) at 5.25% a Revised Investment Poiicv Financial Position as at December 31, 2011 Assets 368,556 Llabiliti s: 469.916 (Defrcit) - 101,360 Funding ratio 8,4 ",. CSC Employer ($000) 4,604 CSC Employer (% payroll) 7.9% Deficit payment ($000) 8,101 Deficit payment (% of payroll) 13.9% Total Employer ($000) 1- 70 Total Employer (% payroll) 218% 2012 Estimated Payroll 58,284 Minimum Employer Contribution 27,0% Probability of full funding after 25 years Probability of 105% after 25 years Minimum employer contribution to meet Superintendant Requirements Express in % of payroll: 50th percentile - 105% funded in 12 years 75th percentile - 105% funded in 20 years 95th percentile - 105% funded in 29 years 97.5th percentile - 105% funded in 29 years Express in $M (2012): 50th percentile - 105% funded in 12 years 75th percentile - 105% funded in 20 years 95th percentile - 105% funded in 29 years 97.5th percentile - 105% funded in 29 years Number of years to meet the target with a Minimum contribution of 27% 50th percentile - 105% funded 75th percentile - 105% funded 95th percentile - 105% funded 97.5th percentile - 105% funded Probability of being funded below 70% 80% 90% 100% 153 94.3% 91.8% 21.0% 21,0% 27.0% 30.0% 12,240 12,240 15,737 17,485 10 16 29 0.1% 1.1% 2.4% 5.7% 368,556 499,364 - 130,808 738% 5,768 9.9% 10,339 17.7% 16, f07 276% 58,284 27.0% 93.4% 92.1% 23.0% 21.0% 27.0% 31.0% 13,405 12,240 15,737 18,068 11 17 29 0.1% 0.9% 2.8% 6.6% 368,556 499,364 - 130,808 738% 5,768 9.9% 10,339 17.7% 1107 27 6% 58,284 27.0% 95.0% 92,7% 30.0% 25.0% 26.0% 29.0% 17,485 14,571 15,154 16,902 14 18 28 0.0% 0.0% 1.4% 5.0% CITY OF SAINT -JOHN PENSION PLAN SUMMARY OF FINANCIAL IMPLICATIONS OF ASSUMPTIONS CHANGES, BENEFITS CHANGES AND RELIEF MEASURES AS AT DECEMBER 31, 2011 154 S7 b) at 5.25% with S7 b) at 5.75% S7 b) at 5.25% a Revised Investment Polic 125% 13.7% 16.0% 193% 150% 28.9% 32.3% 43.5% Average employer contributions (25 years) 5% 27.0 ° /a 27.0% 27.0% 25% 27.0% 27.0% 27.0% ' 50% 27.0% 27.1% 27.1% 75% 27.1% 27.8% o 27.8 /o 95% 29.0% 30.6% 29.9% Mean 27.3% 27.7% 27.6% Standard deviation 1.0% 1.5% 1.1% 154 CITY OF SAINT -JOHN PENSION PLAN SUMMARY OF FINANCIAL IMPLICATIONS OF ASSUMPTIONS CHANGES, BENEFITS CHANGES AND RELIEF MEASURES AS AT DECEMBER 31 9n11 S7 b) at 5.76 ° /a S7 b) at 5.25% S7 b) at 6.25% with a Revised investment Polic Xj Average employer contributions First 6 years 5% 27.0% o 27.1 /° 0 27.1 /o 25% 27.0% 27.1 % 27.1% 50% 27.0% 27.4% 27.5% 75% 27.0% 28.9% 28.8% i 95% 28.8% 32.4% 31.5% First 10 years 5% 27.0% 27-11% .1 /0 o 27.1 /o 25% 27.0% 271% 27.1% 50% 27.0% 27.3% 27.3% 75% 27.1% 28.7% 28.8% 95% 30.1% 33.4% 32.5% First 15 years 5% 27,0% 27.0% 27.0% 25% 27.0% 27.0% 27.0% 50% 27.0% 27.2% o 27./o 2 75% 27.1% 28.3% 28.3% 95% 30.1% 32.8% 31.8% 155 The City of Saint john SAINT JOHN May 29, 2012 Common Council of The City of Saint John Your Worship and Councillors: City Solicitors Office Bureau de Pavocat municipal Re: Draft Bill of Proposed Changes to the City of Saint John Pension Act Attached for your review and consideration is the English version of the Bill reflecting the amendments to the City of Saint John Pension Act approved by Council on May 7, 2012. If Council determines to petition the Legislature for adoption of the Bill, this would be the document that would comprise the substance of the City's Application. You will have before you at the meeting of Wednesday, May 30, 2012, a recommendation from the City Manager respecting a request that the Legislature, by Public Act, repeal the City of Saint John Pension Act. If you determine to proceed in that fashion, then the Bill attached to this correspondence would not find its way before the House. Respectfully Submitted, Joh L. Nugent City Solicitor Enclosure P.O. Box 1971 Saint John, NB Canada E2L 4L1 j www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 156 DRAFT CHAPTER X An Act to Amend the City of Saint John Pension Act Assented to x, 201x WHEREAS the City of Saint John prays that it be enacted as hereinafter set forth; THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows: 1 Subsection 1(1) of the City of Saint John Pension Act, chapter 112 of the Acts of New Brunswick, 1994, is amended (a) by repealing the definition "average salary"; (b) by repealing the definition "member" and substituting the following: "member" means an employee who is contributing to the pension fund and includes a person who is not required to contribute under subsection 6(3); (c) by repealing the definition "salary" and substituting the following: "salary" means in respect of a member (a) for a period of pensionable pre -July 2012 service (i) the earnings of the member for the performance of his regular duties, or duties being temporarily performed, during the period of service, including wages, and salary or wages paid for overtime, but does not include pay in lieu of vacation, retirement allowance or retirement pay, gratuities or honoraria, and (ii) such amount of deemed compensation permitted under the Income Tax Act, related to leaves of absence, disability, periods of reduced pay and temporary suspension of, and lay -offs from, employment of the member that occurred during the period, and (b) for a period of pensionable post -June 2012 service (i) the earnings of the member for the performance of his regular duties, or duties being temporarily performed, during the period of service, including wages, but does not include salary or wages paid for overtime, pay in lieu of vacation, 157 retirement allowance or retirement pay, gratuities or honoraria, and (ii) such amount of deemed compensation permitted under the Income Tax Act, related to leaves of absence, disability, periods of reduced pay and temporary suspension of, and lay -offs from, employment of the member that occurred during the period; (d) by adding the following definitions in alphabetical order: "five -year average salary" means the average annual salary received by a member during the period of five consecutive years of employment with the City during which the member's salary was the highest, and where a member during any period is in receipt of benefits under the Workers' Compensation Act, the member is deemed, for the purpose of calculating that member's pension, to have received the salary that member would have received had the member been employed during that period; "pensionable post -June 2012 service" means pensionable service in respect of periods of employment that are on or after July 1, 2012; "pensionable pre -July 2012 service" means pensionable service in respect of periods of employment that were prior to July 1, 2012; "three -year average salary" means the average annual salary received by a member during the period of three consecutive years of employment with the City prior to July 1, 2012 during which the member's salary was the highest, and where a member during any period prior to July 1, 2012 was in receipt of benefits under the Workers' Compensation Act, the member is deemed, for the purpose of calculating that member's pension, to have received the salary that member would have received had the member been employed during that period; 2 Section 6 of the Act is repealed and the following is substituted: 6(1) For the period commencing May 1, 2010 and ending June 30, 2012, the rate of a member's total annual contributions expressed as a percentage of the member's annual salary shall be one -half of the total annual current service cost stated as a percentage of the aggregate of the annual salaries of the members in the most recent actuarial valuation report for the plan filed with the Superintendent of Pensions, provided that a member's contribution rate shall not be more than 9 per cent of the member's annual salary nor, subject to subsection 7(2), less than 7.5 per cent of the member's annual salary. 6(2) Commencing July 1, 2012, a member shall contribute to the pension fund 9 percent of the member's annual salary. 6(3) Notwithstanding subsections (1) and (2), the amount of a member's contributions for any calendar year shall not exceed the least of "a ", "b" and "c ", where- 2 158 "a" is an amount equal to $1,000.00 plus 70 per cent of the member's pension credit in respect of that calendar year, and "b" is an amount equal to the member's contribution rate for the calendar year as a percentage of annual salary divided by 0.18 and multiplied by the sum of $600.00 plus the pension credit in respect of the calendar year, and "c" is an amount equal to $0.00 if the member's pension credit in respect of that calendar year is $0.00 and at January 1 of the calendar year either the member's pensionable service is greater than or equal to 35 years or the member's pensionable service multiplied by the member's full -time equivalent annualized salary in respect of the calendar year exceeds 64.47 multiplied by the Year's Maximum Pensionable Earnings in respect of the calendar year; otherwise "c" is an amount equal to the contribution rate for the calendar year as a percentage of annual salary times the member's salary in the calendar year. 6(4) The period during which a member has ceased to contribute under subsection (3) shall not count as pensionable service under this Act. 6(5) The City is authorized to deduct from the salary paid to a member an amount equal to the contributions required to be paid by the member under this Act, and to pay such amount into the pension fund within 15 days after the last day of the month in which the contribution was withheld from the member's salary. 3 Section 7 of the Act is repealed and the following is substituted: 7(1) Subject to this section, the City shall contribute to the pension fund (a) an amount equal to the excess of the total current service cost of the pension plan for the year over the aggregate contributions made by the members for that year, and (b) such additional amounts as are required to amortize any unfunded liability on a going- concern valuation basis or, if the plan is not exempt from the funding of solvency deficiencies, any solvency deficiency on a solvency valuation basis over such period or periods as are permitted by the Pension Benefits Act. 7(2) For the period commencing May 1, 2010 and ending December 31, 2011, the aggregate of the annual contributions by the City under paragraphs (1)(a) and (b) shall not be less than 7.5 per cent of the aggregate of the salaries of the members for that year provided that such contributions by the City are eligible contributions under the Income Tax Act, but if the contributions by the City are less than 7.5 per cent of the aggregate of the salaries of the members, then the members' contribution rate as a percentage of annual salary shall be reduced to equal the City's contribution rate as a percentage of the aggregate of the salaries of the members. 3 159 7(3) Effective from January 1, 2012 until the review date of the first actuarial valuation report filed with the Superintendent of Pensions that indicates, on a going- concern valuation basis, that the market value of the assets in the pension fund is greater than or equal to the plan liabilities, where the liabilities of the plan, as at the review date, are determined (a) as if the pensions in payment were to be increased to the level that they would have been, as of the January 1 immediately following the review date, had adjustments to pensions being paid under this Act not been suspended pursuant to subsection 27(9), and as if such pensions or the portions thereof that remain in payment as at the second January 1 after the review date and as at each January 1 thereafter were to be adjusted at such dates in accordance with subsections 27(7) and (8); and (b) as if the portion of any pensions that have not yet commenced which are in respect of pensionable service between January 1, 1975 and June 30, 2012 were to be adjusted after commencement in accordance with subsections 27(7) and (8); the City shall contribute to the pension fund each plan year an amount equal to the greater of "a" and "b ". where: "a" is an amount equal to the sum of (i) the excess of the total current service cost of the plan for the plan year over the aggregate contributions made by the members for that plan year, plus (ii) such additional amounts as are required to amortize any unfunded liability on a going- concern valuation basis or, if the plan is not exempt from the funding of solvency deficiencies, any solvency deficiency on a solvency valuation basis over such period or periods as are permitted by the Pension Benefits Act, and "b" is an amount equal to 27% of the total of the salaries of all members for the plan year. 7(4) Effective as of the plan year immediately following the review date of the first actuarial valuation report filed with the Superintendent of Pensions that both (a) has a review date of December 31, 2011 or later, and (b) indicates, on a going- concern valuation basis, that the market value of the assets in the pension fund is greater than or equal to the plan liabilities, where the liabilities of the plan, as at the review date, are determined (i) as if the pensions in payment were to be increased to the level that they would have been, as of the January 1 immediately following the review date, had adjustments to pensions being paid under this Act not been suspended pursuant to subsection 27(9), and as if such pensions or the portions thereof that remain in 4 160 payment as at the second January 1 after the review date and as at each January 1 thereafter were to be adjusted at such dates in accordance with subsections 27(7) and (8), and (ii) as if the portion of any pensions that have not yet commenced which are in respect of pensionable service between January 1, 1975 and June 30, 2012 were to be adjusted after commencement in accordance with subsections 27(7) and (8), the City shall cease to contribute to the pension fund pursuant to subsection (3) and shall contribute to the pension fund pursuant to subsection (5) instead. 7(5) Where, pursuant to subsection (4), the City ceases to contribute to the pension fund pursuant to subsection (3), the City shall contribute to the pension fund (a) an amount equal to the excess of the total current service cost of the pension plan for the year over the aggregate contributions made by the members for that year, and (b) such additional amounts as are required to amortize any unfunded liability on a going- concern valuation basis or, if the plan is not exempt from the funding of solvency deficiencies, any solvency deficiency on a solvency valuation basis over such period or periods as are permitted by the Pension Benefits Act, and the first actuarial valuation report that satisfies the criteria stated in paragraphs (4)(a) and (b) and subsequent actuarial valuation reports shall be performed assuming indexation resulting from subsections 27(7) and (8) applies to pensions payable for the 3 years following the review date of the actuarial valuation report. 7(6) The City shall pay the contributions referred to in this section to the funding agent within the periods prescribed under the Pension Benefits Act. 4 Section 10 of the Act is amended by repealing subsection (2) and substituting the following: 10(2) The amount of an annual pension to which a member may become entitled under this section is an amount equal to the sum of "a" plus "b ", where: "a" is an amount equal to 2 per cent of the member's three -year average salary in respect of each year of pensionable pre -July 2012 service, and "b" is an amount equal to 2 per cent of the member's five -year average salary in respect of each year of pensionable post -June 2012 service. 5 Section 15 of the Act is amended by repealing subsection (3) and substituting the following: 5 161 15(3) An annual disability pension under this section shall not exceed the greater of (a) the Year's Maximum Pensionable Earnings for the year in which the former member's disability pension commences to be paid, and (b) the annual amount of pension calculated pursuant to subsection 10(2) using the actual number of years of pensionable service of such former member to the date of the disability. 6 Section 27 of the Act is amended (a) by repealing subsection (1) and substituting the following: 27(1) Subject to this section, the initial annual pension payable to a member or former member under this Act shall not exceed the lesser of (a) 70 per cent of the sum of "a" plus "b ", where: "a" is an amount equal to the member's or former member's three -year average salary multiplied by the member's or former member's pensionable pre -July 2012 service divided by the member's or former member's pensionable service, and "b" is an amount equal to the member's or former member's five -year average salary multiplied by the member's or former member's pensionable post -June 2012 service divided by the member's or former member's pensionable service, or (b) 1.2894 multiplied by the Year's Maximum Pensionable Earnings in effect for the calendar year in which the pension of the member or former member commences to be paid. (b) by repealing subsection (2) and substituting the following: 27(2) No pension payable under this Act on retirement, termination of employment or on termination of the pension plan established by this Act, including amounts of pension attributable to distribution of a surplus, in respect of pensionable service after December 31, 1991, shall exceed the lesser of (a) the defined benefit limit as defined under the Income TaxActfor the calendar year of retirement multiplied by the number of years of pensionable service, and (b) 2 percent of the average 12 -month salary during a 36 -month period composed of three non - overlapping periods of 12 consecutive months during which the member had the greatest salary, where salary is indexed to reflect changes in average wage, as defined 6 162 under the Income Tax Act, multiplied by the number of years of pensionable service. (c) by repealing subsection (3) and substituting the following; 27(3) If the date a member's or former member's pension commences precedes the earliest of (a) the member or former member's attainment of age 60, (b) the date the member or former member would have completed 30 years of continuous service, (c) the date at which, had the member or former member continued to be an employee, the total of the member's or former member's age plus the number of years of continuous service, would have been equal to 80, or (d) in the case of a member or former member who was employed as a firefighter, police officer or corrections officer, the number 55 is substituted for the number 60 in paragraph (a), the number 25 is substituted for the number 30 in paragraph (b) and the number 75 is substituted for the number 80 in paragraph (c), the annual pension otherwise payable to the member or former member pursuant to the other provisions of this Act may not exceed the amount of the member's or former member's annual pension calculated pursuant to subsection 10(2) reduced by 0.25 percent multiplied by the number of months by which the member's or former member's retirement date precedes the earliest of the dates described in paragraphs (a), (b) and (c) or as modified by paragraph (d). (d) by repealing subsection (7) and substituting the following: 27(7) On January 1, 1994 and on the first day of January in each year thereafter the portion of every pension being paid under this Act which is in respect of pensionable service between January 1, 1993 and June 30, 2012, including any adjustments previously made to such portion of the pension, shall be increased by multiplying it by 1.02. (e) by adding after subsection (8) the following: 27(9) Notwithstanding subsections (7) and (8) and subject to subsection (10), adjustments that would have otherwise been made to pensions pursuant to subsection (7) or (8) shall be suspended effective January 1, 2013. 27(10) Subject to such other methodology recommended by the actuary as may be approved by the Pension Board regarding adjustments to pensions being paid under this Act, at the time of preparation of an actuarial valuation report which is filed with the 7 163 Superintendent of Pensions under the Pension Benefits Act and has a review date of December 31, 2011 or later the following steps shall be taken, where A = the market value of the assets of the plan as at the review date; AN = the amount available, as at the review date, for adjustment of portions of pensions being paid under this Act which are in respect of pensionable service between January 1, 1975 and June 30, 2012; LWI = the liabilities of the plan, as at the review date, determined as if, as of the January 1 immediately following the review date the pensions in payment were to be increased to the amount that they would have been, as of the January 1 immediately following the review date, had adjustments to pensions being paid under this Act not been suspended pursuant to subsection (9), and as if such pensions or the portions thereof that remain in payment as at the second January 1 after the review date and as at each January 1 thereafter were adjusted at such dates in accordance with subsections (7) and (8); LWOI = the liabilities of the plan, as at the review date, given the suspension of adjustments of pensions being paid under this Act pursuant to subsection (9); PAI = the total annual pensions being paid under this Act on January 1 of a given year including any adjustments made pursuant to this subsection; PP = the total annual pensions being paid under this Act on January 1 of a given year before any adjustments made pursuant to this subsection; PWI = the annual pension that would be in payment under this Act as of the January 1 immediately following the review date if adjustments to pensions under subsections (7) and (8) had not been suspended pursuant to subsection (9); RLWOI = the amount of LWOI that is in respect of pensions which have commenced; and RLWI = the amount of LWI that is in respect of pensions which have commenced, (a) the value of AN shall be calculated by the actuary using the following formula: AAI = (A divided by 105 %) minus LWOI (b) if the value of AN is less than one million dollars or any other amount which in the opinion of the actuary would be necessary to make reasonable adjustments to pensions being paid no further action will be taken; (c) if the value of AN is at least one million dollars or any other amount which in the opinion of the actuary would be necessary to make reasonable adjustments to pensions being paid, but less than or equal to the positive difference of RLWI minus RLWOI, if any, 8 164 the actuary shall calculate the PAI using the following formula and the portions of pensions being paid under this Act as at the review date which are in respect of pensionable service between January 1, 1975 and June 30, 2012 shall be increased accordingly, effective as at the second January 1 after the review date: PAI = PP plus < {AAI divided by (RLWI — RLWOI)) multiplied by (PWI minus PP)> (d) if the value of AAI is greater than the positive difference of RLWI minus RLWOI, the portions of pensions being paid under this Act as at the January 1 immediately following the review date which are in respect of pensionable service between January 1, 1975 and June 30, 2012 shall be increased effective as at the January 1 immediately following the review date to be the amount they would have been as at the January 1 immediately following the review date if adjustments to pensions under subsections (7) and (8) had not been suspended pursuant to subsection (9); (e) where adjustments are payable pursuant to paragraph (d), if the value of AAI remaining after such adjustments is sufficient to provide at least one more year of prospective indexation, effective as at the second January 1 after the review date, the portions of pensions being paid under this Act which are in respect of pensionable service between January 1, 1975 and June 30, 2012 shall be increased subject to and in accordance with subsections (7) and (8); (f) where adjustments are payable pursuant to paragraphs (d) and (e), if the value of AAI remaining after such adjustments is sufficient to provide at least one more year of prospective indexation, effective as at the third January 1 after the review date, the portions of pensions being paid under this Act which are in respect of pensionable service between January 1, 1975 and June 30, 2012 shall be increased subject to and in accordance with subsections (7) and (8); and (g) where adjustments are payable pursuant to paragraphs (d), (e) and (f), if the value of AAI remaining after the adjustments pursuant to paragraphs (d), (e) and (f) is positive, no further action will be taken. 27(11) In no case shall a pension being paid under this Act which is in respect of pensionable post -June 2012 service be increased pursuant to this section. 7 This Act comes into force on June 30, 2092. G1TEAMS \Corporate Research \Shared \Valerie \Pension Plans \CSJPP draft bill May 28 2012 LATE AFTERNOON UNMARKED VERSION.doc 9 165