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2012-06-11_Agenda Packet--Dossier de l'ordre du jour�" tLl�_ City of Saint John Common Council Meeting Monday, June 11, 2012 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of Section 10 of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Employment Matter 10.2(4)(b) 1.2 Land Matter 10.2(4)(c,d) Regular Meeting 1. Call to Order — Prayer 5:15 p.m. Council Chamber 2. Approval of Minutes 3. Adoption of Agenda Items Forwarded from Meeting of June 4th, 2012 3.1 a) Common Clerk: Governance and Procedure 3.1 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 3.2 Overview of the Planning Process 3.3 Appointment of Board of Directors of Saint John Port Authority (Recommendation: Refer to Nominating Committee) 3.4 Harris Letter Re Mispec Beach (Recommendation: Receive for Information) 3.5 Vacant and Derelict Buildings and the Fire Prevention Act (Councillor Snook) 3.6 Rainbow Park Update (Councillor Snook) 3.7 External & Internal Communications Strategy for City of Saint John (Councillor Snook) 3.8 Pension Teach -In for Council Members (Councillor Farren) 3.9 City Manager: Request for Approval to Pay Invoice for Demolition of 127- 141 Charlotte St /127 Princess St, MC2012 -130 3.10 City Solicitor: Proposed Procedural By -Law Amendment 3 3. 11 H. Wright letter Re: Request to Present by 410 Squadrom, RCAF 8. Delegations/ Presentations 8.1 City Manager: Overview of the Organization 8.2 City Manager: Fire and Rescue Services 8.3 City Manager: Neighbourhood Improvement /Recreation & Cultural Programming 8.4a) City Manager: Transportation & Environment Services 8.4b) Transportation and Environment Service Plan 2012 -2014 8.4c) Urban Environment Services Service Plan 2012 -2014 8.5 City Solicitor: Legal Department Services 8.6 Common Clerk: Common Clerk's Services 16. Adjournment 2 The City of Saint John Seance du conseil communal Le lundi 11 juin 2012 Comit6 pl6nier 1. Ouverture de la seance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique : 16 h 30 — Salle de conference, 8e 6tage, h6tel de ville 1.1 Question relative a 1'emploi — alin6a 10.2(4)b) 1.2 Question relative aux biens -fonds — alin6as 10.2(4)c), d) Seance ordinaire 1.Ouverture de la seance, suivie de la pri6re 17 h 15 Salle du conseil 2. Approbation du proces- verbal 3. Adoption de 1'ordre du jour Points report6s de la s6ance du 4 juin 2012 3.1a) Greffi&e communale : Gouvernance et proc&dure 3.1b) 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 3.2 Aperqu du processus de planification 3.3 Nomination du conseil d'administration de 1Administration portuaire de Saint John (recommandation : s'adresser au Comit6 des candidatures) 3.4 Lettre de Mme Harris concernant la plage Mispec (recommandation : accepter A titre informatif) 3.5 Batiments vacants et abandonn6s et la Loi sur la prevention des incendies (conseiller Snook) 3.6 Mise a jour relative au parc Rainbow (conseiller Snook) 3.7 Strat6gies en mati&re de communications internes et externes de The City of Saint John (conseiller Snook) 5 3.8 Seance de formation sur le r6gime de retraite pour les membres du conseil (conseiller Farren) 3.9 Directeur g6n6ral : Demande d'approbation du paiement de la facture pour la d6molition du 127 -141, rue Charlotte et du 127, rue Princess, MJC2012 -130 3.10 Avocat municipal : Projet de modification de 1'arret6 proc6dural 3.11 Lettre H. Wright au sujet de la demande de pr6sentation soumise par le 410' escadron, ARC 8. Delegations et presentations 8.1 Directeur g6n6ral : Aperqu de 1'organisation 8.2 Directeur g6n6ral : Service d'incendie et de sauvetage 8.3 Directeur g6n6ral : Am6lioration du quartier /programmes de loisirs et culturels 8.4a) Directeur g6n6ral : Services de transport et d'environnement 8.4b) Plan de service de transport et d'environnement de 2012 -2014 8.4c) Plan de service de 1'environnement urbain de 2012 -2014 8.5 Avocat municipal: Services juridiques 8.6 Greffi&re communale : Services de la greffiere communale 16. Levee de la seance 0 rAA to Common Council Orientation Elizabeth Gormley Common Clerk May 30, 2012 • 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 Legislated Services qmwk E:? 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 Q� • 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 10 • 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 (5� 11 Mayor's Role • Outlined in Local Government Resource Manual Council's Role • Outlined in Local Government Resource Manual 12 • 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 13 • Growth & Development Standing Committee • Urban Environment Standing Committee • Transportation & Environment Committee • Saint John Water Committee • Coordinating Committee 14 (5� To be delivered late summer /early fall — Council will be advised (5� 15 ;,P) 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 - 213 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 16 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 17 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 - PETITIONS 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, COUNCELLORS 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 in 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 151 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 19 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 MIlVUTES 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 COAU41TTEES 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 20 Section 21 COMMITTEE OF THE 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 2111 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 - alI 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 21 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 Conunon 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. 23 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 bear 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 22 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, committ ees and Committee of the Whole. 23 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 ( l Os` 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 11 :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 24 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 fixed 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 25 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 26 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 hislher 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 27 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 shaII take their regular seats in the Council Chamber, and the business of the Common Council shall be taken up for consideration and disposition. 13 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 S. 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 29 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 CIerk 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 30 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 31 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 -Iaws, 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 he 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 32 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 33 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 —file with Clerk - 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 34 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 35 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 36 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 4:40 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. 169 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 37 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. 1.6.12 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 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 COMMITTEES 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 39 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 .m 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. 219 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 Spearing - 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 Spearing - 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 41 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. 2113 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 CIerk 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 EVA 21.31 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 43 SCHEDULE A TABLE OF PRECEDENCE 2. MOTION TO SET THE DATE AND TIME OF THE NEXT 1 * 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 .. 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 motion. 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 •Annul 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 45 A LAW TO AMEND A BY-LAW RESPECTING THE PROCEDURES OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE SAINT JOHN Be it enacted by The City of Lors dune reunion du Conseil Saint John in Common Council communal, The City of Saint John a convened, as follows: decrdte 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, ddcrete le 29 novembre, 2010, est modifid 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'interprdtation simultanee seront offerts dans les deux langues officielles dans les cadre des rdunions ordinaires du Conseil. L'incapacitd 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 prdsent arrete le 11 avril 2011, avec les signatures suivantes: Common Clerk/Greffiere communale First Reading - M March 28, 2011 P Premiere lecture - 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 Juiy 30, 2012 REGULAR MEETING with PUBLIC HEARING August 7, 2012 (Tuesday) If required August 13, 2012 REGULAR MEETING August 20, 2012 If requires! 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 447 1.3�) Chap. M -22 10.2(2) All decisions of a council shall be Loi sur- les municipaliMs (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. 10.1(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; (1) 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 arrete ou une rdsolution du con - scil. 10.2(2.1) Aucune action ou decision d'un conseil n'est valide A moins d'etre autorisde ou adoptde par un arretd ou une rdsolution A une reunion du conseil. 10.2(3) Sous rdserve du paragraphe (4), touter les reu- nions d'un comite du conseil sont ouvertes au public. 10.2(4) Le public peut titre exclu dune reunion du con- seil ou d'un comite du conseil pendant la duree du ddbat, lorsqu'il est necessaire de discuter de Tune ou l'autre des questions suivantes : a) d'information dont le caractere confidentiel est ga- ranti par In loi; b) des renseignements personnels; c) d'information qui pourrait occasionner des gains ou des pertes f nancieres pour une personne ou une mu- nicipalite, ou qui pourrait compromettre des negocia- tions en vue d'aboutir a la conclusion d'un accord ou d'un contrat; d) de ]'acquisition ou de la disposition projetec ou en cours de biens -fonds A des fins municipales; e) d'information qui pourrait porter atteinte au carac- tere confidentiel dune information revue du gouverne- meet du Canada ou de la province; J) d'information concernant les consultations juridi- ques donnees A la municipality par un avocat municipal ou ]a communication protegee entre ]'avocat et son client a propos d'une 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 dcvant un tribunal admi- nistratif; h) de Pacc&s a des constructions particulieres, a d' autres structures ou systemes, y compris les systymes informatiques ou de transmission, ou concernant la se- 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 (j) 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 (h) the date of the meeting. Chap. M -22 curitd de ces constructions„ ces autres structures ou sys- temes, ou de 1'acces aux methodes employees pour proteger ces constructions, ces autres structures ou sys- t6mes ou concernant la sdcurite de ces mdthodes; V des renseignements recueillis par la police, y com- pris par la Gendarmerie royale du Canada, au tours d'une enquete relative a route activity illdgale ou sus - peetde d'etre illdgale ou la provenance de ces rensei- gnements; ou .1) d'information relative au travail et a 1'emploi, y compris la negotiation de conventions collectives. 10.2(5) Si une reunion d'un comitd du Conseil est fer- m6e au public en application du paragraphe (4), aucunc &cision ne peut We prise lors de la reunion A 1'exception des decisions relatives aux a) questions procedurales, b) directives donndes d un fonctionnaire de to muni- cipalitd, ou c) directives a 1'avocat de la municipality. 10.2(6) Si une reunion est fermee au public en vertu du paragraphe (4), un registre doit titre fait contenant seule- rnent cc qui suit : a) le genre de questions en vertu du paragraphe (4) qui ont ere discutdes pendant la reunion; et b) ]a date de ]a 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 seerdtaire aux cleric during regular office hours, heures normales d'ouverture. 1981, c.52, s.1.1; 1982, c.43, s.2; 2003, c.27, s.6. 10.3(l) 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; I982, c.43, art.2; 2003, c.27, art.6. 10.3(1) Sous reserve du paragraphe (2), une municipa- litd doit adopter un arrete pour reglementer les procedures applicables aux reunions du Conseil et un tel arrete doit comprendre tout cc qui est prescrit par reglement, 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'int6retprive ou particulier, une municipality 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. 19 .• u 3.8 Ad Hoc 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 Ka 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 forthe 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 50 s F5 O C 0 N 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 MunicipolitiesAct 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(l. I) --r s ro r" C Ci O C rD 3 rp P* N� .-r O _10- Local Government Resource Manual 51 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 ofaction.The direction, however, must be that established by the entire council, rather than by the mayor individually.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: 360)(b) 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) (a) f. Communicates /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 CAO 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. 36(1)(d) 11 52 FS O D 3 rD N� �7 O� Local Government Resource Manual 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. L 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. 70.7(1) I. 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 0 ... 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- 53 --1 i. r— O d a% O r♦`D rD O N, O� 3 Local Government Resource Manual 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 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, 8y -Laws As part of the decision - malting 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 forsharing 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 1s established. Municipalities Act: 36(2.1)(d) -13- 54 O' rD r O 'n CW G1 0 C !D 3 Local Government Resource Manual d. Policy development a� Like the mayor, councillors have a very important role in setting policy direction for A 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. �;: -I 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 unco 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 apposed it.lt 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(2.1)(d) 14- 55 s rD r O G1 O C tD rp O O N� ,-r O Local Government Resource Manual 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 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. Municipalities Act, Community Planning Act, Municipal Elections Act)., Municipalities Act: 76(l)(a) 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; 760)(a)(i)(li) 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 bythe council of the day. Records Management is discussed in detail in Section 6 of the manual. 15- 56 r O n d G�! C rD ro O Local Government Resource Manual e. Maintain an Indexed Register of Sy -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),760)(d.2); g. Custodian of Corporate Seal The clerk is the custodian of the corporate seal of the municipality and shall safeguard the seal forthe 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 a 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) 1. Oath of Office Filed with the Clerk 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. Municipalities Act. 40.4(1) 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. 10(1)(a)(b); 10(1.1) ;33(2.3) -16- 57 ra O W G� O eD F. .-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) q5n. 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(l);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(1) 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. i Municipalities Act. 74 (3),76(1) r 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 forthe 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 rD r O n C1 O eDD O eD �-r S37 0 O Local Government Resource Manual municipalities choose other titles for the senior administrator (e.g. manager, clerk/ ma nag er, 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 play a 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,theyare responsible for ensuring thatthe information gets backto 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 impl e mented. 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 ro r— O A O C rD O rD O .-r r+� L O O 18- Local Government Resource Manua! 59 the citizen's concerns, and provide the relevant background information that would assist in clarifying the situation. It is not the CAO's mandate to debate the outcome of the council decision; rather it is the CAO'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 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" i. 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 forthose monies.This implies thatthe treasurer must maintain proper financial records in keeping with generally accepted accounting principles (GAAP). Municipalities Act. 77(1) -19- •ll fD r O O rD .�r d. .-r O� Local Government Resource Manual 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. 77(i) 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 property, tax assessment rolls and any contractual agreements of the municipality. Municipalities Act: 77(]) (d) d. Prepares and submits periodic financial statements to Council The treasurer should regularly advise the CAQthe Mayor and /orfinance 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: 770)(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. 770)(8) C 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(i)(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. 78(l)(2) 3 tD O a1 0 rti .-r nr' O -20- Local Government Resource Manual 61 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. In 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 0"W_ - 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 W m O C 0 C ro 3 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 KAO/ 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 workthrough 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 a 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- 63 FS O G1 O C eD PIS O N a Local Government Resource Manual rA Common Council Orientation Mark Reade P.Eng., MCIP, RPP Senior Planner May 30, 2012 ME New Brunswick Planning Hierarchy Communfty Planning Acct Leer sur Vurbanisme Municipal flan & Heighbourfiood Plans Plait Municipal & Plans de Quartier Zoning w Subdivision B" -Law Arnet6 de Zonage Arret6 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 4rUNT JOH.s •• 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 Ncwsnaoer Landowners noti=iec within 100 metres -W Appl ration rirriJlatPr! to Oty DepnrtmPnts / I xtPrnal AgPncip�s for comment R.�pnrt and Re.cnmmendatinn Prepared by Planning Staff PA-- Meeting — PAC R.econwienddliun furvi arded lu Council t Council Meeting Public Hearingwith 1A and 2'd leading *3r-. Reading — Decision of Common Council �P- OYA SAINT JOHN PQkT AUTHORITY SAINT JOHN ADN11NISTRt1TION PORTUAIRE DE SAINT JOHN February 29, 2012 Mayor Ivan Court and Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Dear Mayor Court: RE: Appointee to Board of Directors of Saint John Port Authority This is to inform you that the first term of Edward McLean on the Board of Directors of the Saint John Port Authority expires on July 5, 2012_ In accordance with the legislation directors are currently eligible to serve three terms consecutively. Mr. McLean has served only one term and is therefore eligible for renewal. This notice is given in accordance with the provisions of the Canada Marine Act and the Letters Patent of the Saint John Port Authority and provides you with the required four months notice of this expiry. We request the City of Saint John appoint a director to the Saint John Port Authority, to serve for a minimum of three years, no later than July 5, 2012. For your guidance, we enclose Sections 14 -16 of the Canada Marine Act and Article 4 of the Letters Patent that set out the criteria for eligibility of Board members. Also attached is a Iist of continuing Board members and the expiry of their terms. If you require any further information, please contact the undersigned or Paula Small, Corporate Secretary for the Board of Directors, at the offices of the Saint John Port Authority. Once you have made your appointment please advise us. Sincerely, SAINT JOHN PORT AUT ORITY Stephen D. C pbe Chair, Governance Committee Encl. cc Hon. Denis Lebel, Minister of Transport Governor -in- Council Canada 111 Water Street / 111, rue Water • Saint John • NB Canada • F2L OBI Tel / Tel: 506.636.4869 • Fax / T616c:686.636.4443 www.sjport,com To: The Mayor and Council P.G. Box 1971 Saint John, N.B. E2T, 4L1 With all the problems we are hearing; and reading about the city pension plan, it makes us wonder how the deficit can go from $40 million to $190 million in a relatively short time. In all phases of operations, the city appears to be spending more than they are taking in. Peel Plaza, the police station, parking garage and the new bus station together are very, very expensive. Did the bus station have to be this big? Could provisions not have been made to make extensions at a later date? Did the city have to cut bus service, and then buy two new buses worth approximately one million dollars? To most people spending $185,000 to place the gaudy panels over the expensive stone blocks at the bus station is a true waste of time and money. In order to increase revenue to help pay the bills, one of the things the city is going to do is increase the cost to use the fields. This does not seem fair to the children of this city, particularly where in a lot of cases the parents are volunteers who work to make sure leagues keep going. In order to save money all the lifeguards are going to be withdrawn from all the public beaches. I wonder what the city's liability insurers think of this. Mispec Park is another example; it was quoted in the Telegraph- Journal that the city manager stated that by closing the park the city would be saving $500.00 for the year 2012. I am not sure where this figure came from? At one of the council meetings in 2011, it was stated that the park would be open for 2011 and the city would run it themselves. In May, the water was hooked up, but the washrooms were never opened all year. A lot of people go to the park on a nice day. Last year there were 85 cars parked on the side of the road because the gates were locked. Where do you think all these people would have gone to the bathrooms? They only had one choice and that was the woods. People came out because the city said it was open. Garbage was seldom picked up and the grass was only cut 2 or 3 times all year The city received Mispec Park from the Federal Government after the end of the 2nd World War. It was to be used for recreation by the people of Saint John and surrounding areas. During the war millions and millions of dollars was spent and many lives lost. Now, during peace time, $500.00 is too much to spend for people's enjoyment? There was a gradual deterioration at the park since 1945. Very little maintenance was done and slowly it wasn't the place it used to be. However, that changed in 1996. With the help from the city, the Provincial, Federal governments and volunteers, it was restored and more facilities added. Trails were created, the ball field restored and a playground added. As one of the top executives from Tourism New Brunswick stated a few years ago, Mispec Park was "New Brunswick's best kept secret." If we look at this year' s Saint John Visitors Guide it states, that " Mispec Beach encompasses one of the premiere sandy beaches found on the Bay of Fundy. It is located on the eastern edge of Saint John just 20 minutes from the city centre with parking, picnic sites, playground, paved games court and a sports field. Free admission with canteen and washroom facilities." This would be as far from the truth as you could get. During the months of November and December, 2010, strong winds and high tides caused a lot of damage to the banks and stairs. Provisions were made by the N.B. Government under the EMOs .• Disaster Assistance plan to have this type of damage repaired. Jan 14, 2011 was the deadline in which to register. City staff were advised of the damage and the deadline, but, as usual, the city missed the deadline. The EMO's adjuster and Mayor Ivan Court met on June 23, 2011. At this time FMO changed their position and would allow the city's claim to be presented. As of last week, it appears nothing has been done. We have the opportunity to get funds to do repairs on city land, but we're not doing it. What else are we missing? Who is in charge here? If any of the current council members would have seen the condition of the park last year, they couldn't help but be embarrassed. I believe strongly that we need a change in key staff members and in the way the city does business. I also feel one term in council is long enough. I am still waiting for two return calls from one of the present councillors. Good luck to the new candidates. Sincere �f1 G . "1c� ✓ C�tJ�1i- lr7 =Brian Harris 2921 Red Head Road Saint John, N.B. R2P -i J5 ("3Y v, i-5- 70 City Hall P.O. Box 1971 15 Market Square Saint John New Brunswick May 28, 2012 Canaria E2L 4L1 His Worship Me] Norton and Members of Common Council Your Worship and Councillors: Subject: Vacant and derelict buildings and the Fire Prevention Act I" City of Saint John In August 2008, Saint John City Council began a process to create a strategy to reduce the number of vacant and derelict buildings around our city. Our Building Inspection Department was given a directive from council to take a more aggressive approach in dealing with this issue. In April 2009, Council affirmed a newly written by law. Since then, Council worked hard with the Provincial Government to get this new legislation passed. I believe, it is critical for Common Council to explore every opportunity at our disposal to achieve a significant reduction of the number of vacant/derelict buildings in Saint John. In my opinion, we need to understand the City of Saint John's Fire Departments capacity to deal with dilapidated and derelict buildings under the provisions of the Fire Prevention Act. I suggest that the Fire Chief present a brief written report with regard to exploring the possibilities and examining the potential of the fire department being utilized in a greater way to address vacant/derelict buildings. Motion: I propose that Common Council receive a brief written report with regard to the fire departments capacity to deal with dilapidated and derelict buildings under the provisions of the Fire Prevention Act. Respectively Submitted, (Received by email) Councillor Donnie Snook 71 I 1J �- city) Hall P.D. Box 1971 15 Market Square Saint john New Brunswick Canada E21, 4L1 May 31, 2012 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Rainbow Park Update City of Saint John Over the past year it's been exciting to see the progress being made at Rainbow Park! Originally, there was a committee formed in 2008 to begin the process of developing a plan for the reconstruction of Rainbow Park. Fortunately, City Staff, Common Council, the Provincial and Federal governments quickly committed substantial resources to the concept plan developed through community consultation. This project, to date, represents a real commitment to reinvest in our recreational/park infrastructure and support the revitalization of our city's priority neighbourhoods. On May 24 1 arranged for Councillor Reardon and myself to meet with MLA Carl Killen, members from P.U.L.S.E (People United in the Lower South End) and staff from Leisure Services to discuss issues related to the completion of the Rainbow Park master plan. As a result of this meeting, I believe it's important to update Council and constituents with regard to the work planned for this summer and information about phase 2. Motion: I propose that the city manager present a progress report to Council with regard to Rainbow Park. This report should provide P.U.LS.E with the opportunity to update Council on the work they've undertaken with regard to the same. Respectively Submitted, (Received by email) Councillor Snook 72 111 L9 City Hall FO, Box 1971 15 Market Square Saint John New Brunswick May 30, 2012 Canada E2L 4L1 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: 0".11, City of Saint John Subject: External & Internal Communications Strategy for City of Saint John An external communication strategy which establishes and provides reliable and effective opportunities for sharing information and community consultation is critical to the overall success of the City of Saint John's customer service delivery model. An internal communication strategy which performs well as a result of clear expectations with regard to the reliability and frequencies of reports and updates will create synergies between staff, boards, agencies, commissions and Council. External Communication An external communication strategy should ultimately fulfill the expectations that all pertinent and appropriate information is being shared with the general public. There should be effective and various ways for citizens to interact conveniently with City Hall in order to share opinions, express concerns and make customer service requests. As we acknowledge the great work being done by our City's communications department, let's continue to pursue excellence as we seek to continuously improve and create opportunities for meaning dialogue between City Hall and the Citizen's of Saint John. As a part of this process, let's continue to support ways to enhance communication with citizens and City Hall by ensuring the: • Enhanced use of things such as press conferences in order to facilitate regular sharing of information with the public through local media • Further promotion of our City's new website. The establishment of our new website helped our municipality in delivering an outstanding online customer service resource with many useful features. For example, there is a resource comparable to "fixmystreet.com" which allows citizens to upload pictures of potholes when expressing concerns and submitting requests for work. 73 • Implementation of a 311 Phone Service. In July 2008, 1 suggested the municipality create a 311 city phone service that would provide one number to access information on all city services. This phone system will create better accessibility, responsiveness and efficiencies by linking people with resources and vital service supports. "Same day response" standards and the tracking of inquiries are key elements of this system. • An increased number of Ward meetings. In January 2011, Council committed to holding additional Ward meetings where and when deemed appropriate. This year's budget allocates funds to insure we provide a greater number of meetings to engage citizens through consultation. • Increased use of Twitter. I have heard individuals express to me the importance of City Hall being more active in engaging the community by utilizing Twitter. Along with Facebook, this medium provides our organization with a new level of interaction with an ever - growing demographic. Twitter could also be another way to inform citizens of things such as snow bans. Internal Communication An internal communication strategy should ultimately fulfill the expectations that all pertinent and appropriate information is being shared between departments, Commissions, Agencies, boards and Common Council. Implementation of the following items may assist us in enhancing internal communication at City Hall: • In January 2009, 1 wrote Common Council expressing the need to create clear expectations to ensure an acceptable level of interaction between the agencies, boards and commissions with Common Council. After all, many of these bodies exist to offer advice to Council and it is imperative to ensure there is routine communication and reporting taking place. • Common Council should be made aware of all prospective projects being pursued by the City. • Council members should also be regularly informed of all community events and announcements /press conferences. This clearly is not an exhaustive list of current or potential future elements of our City's External and Internal Communication Strategy. 74 Motion: I propose that the city manager present a brief report to Common Council highlighting the key components of our City's internal and external communication strategy. This report will also provide an update on the action being taken with regard the various items outlined above. Respectively Submitted, (Received via email) Councillor Snook 75 City Hall 15 Market Square May 29, 2012 Your Worship Mayor Mel Norton and fellow Members of Common Council P.O. Box 1971 Saint john New Brunswick Canada E2L 4L1 Re: Pension teach- in for Council members City of Saint John Your Worship, as you know the pension plan for the City of Saint John is putting a huge strain on our ability to provide the services our city and its residents need to move forward to be the City we know we can be. I believe it would be very prudent for this new Council to get up to speed as quickly as possible on the workings of a pension plan in order to avoid any misunderstandings and/or mistakes in moving forward on this issue. I also believe that it would be important for Council to consult with an expert in the field of pensions. I also believe that it would be important for Council to have a teach -in on pensions from a person that will provide a fresh look at how pensions are dealt with in other jurisdictions and arenas. To this end; I move that Council hire an expert in the field of pensions at the earliest possible date and that this pension expert not be from city staff in order to get a fresh view of pensions and the issues surrounding pensions. Respectfully, Councillor Bill Farren The City of Saint John (source verified) 76 REPORT TO COMMON COUNCIL OPEN SESSION M &C2012 -130 May 29, 2012 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: City of Saito John SUBJECT: Request for approval to pay invoice for demolition of 127 — 141 Charlotte Street / 127 Princess Street BACKGROUND On April 25, 2012, the building at 127 -141 Charlotte Street / 127 Princess Street ( "the Building ") was involved in a significant structure fire. Staff from Buildings and Inspection Services attended at the site while firefighting was still active. It was observed that the Building suffered significant fire and structural damage; the roof had completely collapsed, the third floor and a portion of the second floor had also collapsed. The exterior masonry wall structures were still standing but were not supported as designed due to the collapse of the roof and floor systems, and there was a concern due to the effects of the extreme fire temperatures on the brick -to -mortar bond. A significant portion of the interior of the Building was fire damaged beyond a reasonable point of repair. The Office of the Building Inspector was called to the scene and determined that the Building was in danger of collapse, it was not reasonably salvageable and a situation existed in which there was imminent danger to public safety and imminent danger of serious harm to it and the adjacent building. The Building Official determined that based on these findings, the building required demolition under the emergency provisions in section 190.041 of the Municipalities Act. This section authorizes an official to take any measures necessary to terminate the danger giving rise to the emergency, serve a notice on the owner after the action(s) was taken and provide details of the costs incurred. The costs are chargeable to the owner and become a debt due to the municipality. Section 190 of the Municipalities Act is attached for Council's reference. Pursuant to Section 190 of the Municipalities Act, and in consultation with the City's Purchasing Agent, a demolition contractor with the equipment and experience to undertake such a demolition, Galbraith Construction Ltd., was engaged to demolish the structure and remove the debris from the site to an 77 M &C2012 —130 - 2 - May 29, 2012 appropriate disposal area. Equipment arrived on site at approximately 3:00 pm on April 25, 2012 and demolition began shortly thereafter. The Building was demolished, the debris removed, and the site made safe as of Friday, May 4, 2012. Pursuant to section 190.041 of the Municipalities Act, a Notice describing the demolition that was undertaken and the costs associated with that demolition was served on the owner of the property on May 29, 2012 (copy of the Notice is attached). Upon approval by Common Council, the outstanding invoice to the demolition contractor will be paid by the municipality and the owner of the property will be billed the full amount ($157,389.27) less the amount of the HST rebate that will be received by the City ($13,331.01) for a total of $144,058.26. Because the invoice is beyond the City Manager's approval level, Common Council approval is required to pay the outstanding invoice. The owner of the Charlotte Street property will then be invoiced by the City and in the event it is not paid, the Province of New Brunswick will be requested to reimburse the City and the amount will be placed on the property tax invoice. It is worthy to note that the property was protected by insurance and that staff has been in contact with the insurance company's representative on this file. RECOMMENDATION Your City Manager recommends that Common Council approve the expenditure of $157,389.27 for the demolition of the property at 127, 131, 135, 137, 139 and 141 Charlotte Street and 127 Princess Street, which will then be invoiced to the property owner. Respectfully submitted, Amy Poffenroth, P. 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Fi v —4 �n H U N �4 @ N 0 0 M: NI ti rn O U ro as A ou W U O V ct b 1 m O U Y' i Ld 0 U 1.391 Municipalities Act 189(17) "Commission" when used in this section means a commission established by a municipality. 189(18) For the purposes of this section, a corporation created or continued under section 15.2 of the Clean En- vironment Act shall be deemed to be a municipality. 189(19) A municipality that sells gas or provides cus- tomer services as defined in the Gas Distribution Act, 1999 is not required to base the price of gas and customer serv- ices on cost unless the New Brunswick Energy and Util- ities Board requires it to do so on the grounds that market forces do not adequately protect customers. Chap. M -22 frais de distribution d'eau que determine 1'arrete munici- pal. 189(17) Le terme « regie » designe, lorsqu'il est utilise dans le present article, une regie creee par une municipa- lite. 189(18) Aux fins d'application du present article, une corporation creee ou continuee en application de Parti- cle 15.2 de la Loi sur 1'assainissement de 1'environne- ment est reputee titre un municipality. 189(19) La municipality qui vend du gaz ou offre des services a la clientele au Sens de 1a Loi de 1999 sur la distribution du gaz nest pas tenue de baser le prix du gaz et des services a la clientele sur le cout, a moins que la Commission de 1'energie et des services publics ne l'oblige a le faire pour le motif que les forces du marchd ne protegent pas suffisamment les clients. 189(20) This section applies with the necessary modi- 189(20) Le present article s'applique aver les adapta- fications to a rural community. tions ndcessaires a une communautd rurale. 1966, c.20, s.188; 1967, c.56, s.25; 1968, c.41, s.42; 1970, c.37, s9; 1973, c.60, s.11; 1975, c.40, s.6; 1977, c.35, s.13; 1981, c.52, s.15; 1982, c.3, s.50; 1982, c.43, s.9; 1983, c.56, s.13; 1985, c.61, s.2; 1996, c.45, s.3; 1999, c.G -2.11, s.103; 2000, c.26, s.206; 2001, c.15, s.7; 2003, c.27, s.58; 2004, c.2, s.14; 2005, c.7, s.49; 2006, c.E -9.18, s.100. DANGEROUS OR UNSIGHTLY PREMISES 2003, c.27, s.59. 190 A municipality may by by -law provide that sections 190.001 to 190.07 apply to such areas of the municipality as the by -law prescribes. 1968, c.41, s.43; 1975, c.40, s.7; 1979, c.47, s.13; 1981, c.52, s.16; 1987, c.6, s.68; 1990, c.61, s.89; 2003, c.27, s.60; 2006, c.4, s.5. 190.001(1) In sections 190.01 to 190.07 "dwelling" means a building any part of which is used or is intended to be used for the purposes of human habi- tation, whether or not the building is in such state of dis- repair so as to be unfit for such purpose; "dwelling unit" means one or more rooms located within a dwelling and used or intended to be used for hu- man habitation by one or more persons. 151 1966, c.20, art. 188; 1967, c.56, art.25; 1968, c.41, art.42; 1970, c.37, art.9; 1973, c.60, art.11; 1975, c.40, art.6; 1977, c.35, art.13; 1981, c.52, art.15; 1982, c.3, art.50; 1982, c.43, art.9; 1983, c.56, art.13; 1985, c.61, art.2; 1996, c.45, art.3; 1999, c.G -2.11, art.103; 2000, c.26, art.206; 2001, c,15, art.7; 2003, c.27, art.58; 2004, c.2, art.14; 2005, c.7, art.49; 2006, c.E -9.18, art.100. L]EUX DANGEREUX OU INESTHETIQUES 2003, c.27, art.59. 190 Une municipality pent, par arrete, disposer que les articles 190.001 a 190.07 s'appliquent aux secteurs de la municipality que determine 1'arrete. 1968, c.41, art.43; 1975, c.40, art.7; 1979, c.47, arL 13; 1981, c.52, art,16; 1987, c.6, art.68; 1990, c.61, art.89; 2003, c.27, art.60; 2006, c.4, art.5. 190.001(1) Aux articles 190.01 a 190.07 o habitation >> designe un batiment dont une partie sert ou est destinye a loger des personnes, que ce batiment soit ou non dans un dtat de delabrement qui le rende inhabita- We; logement >> designe une ou plusieurs pieces situdes dans une habitation et servant ou destines a loger une ou plusieurs personnes. 0 Ch. M -22 Loi sur les municipalites 190.001(2) In subsection 190.01(3) and sections 190.02, 190.021, 190.04, 190.041 and 190.05 "owner" includes the person for the time being manag- ing or receiving the rent for premises or a building or structure, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the premises, building or structure were let. 2006, c.4, s.6 190.01(1) No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, saw- dust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) a dilapidated building. 190.01(1.1) No person shall permit a building or struc- ture owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. 190.01(2) No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or un- soundness of structural strength. 190.01(2.1) A person who violates or fails to comply with subsection (1.1) or (2) commits an offence that is, subject to subsections (2.2) and (2.3), punishable under Part 11 of the Provincial Offences Procedure Act as a cat- egory F offence. 190.01(2.2) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another per- son commits an offence under subsection (2.1) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars. 152 190.001(2) Au paragraphe 190.01(3) et aux articles 190.02, 190.021, 190.04, 190.041 et 190.05 «propri6taire» s'entend notamment de la personne qui, pour le moment, g6re des lieux, un batiment ou une cons- truction ou qui en pergoit le loyer pour son compte ou A titre de mandataire ou de fiduciaire d'une autre personne ou qui en percevrait le loyer si les lieux, le batiment ou la construction etaient loues. 2006, c.4, art.6. 190.01(1) Nul ne doit toldrer que soient inesthetiques des lieux qui lui appartiennent ou qu'il occupe en permet- tant la presence en un endroit quelconque de ces lieux, a) de cendres, de ferraille, de detritus ou de ddchets, b) d'une accumulation de frisures de bois, de papier, de sciure ou d'autre residu de fabrication ou de cons- truction, c) d'une dpave d'automobile, de 1'equipement ou des machines ou de la carrosserie ou toutes pi6ces d'auto- mobiles, d'6quipements ou de machines, ou d) d'un batiment delabrd. 190.01(l. 1) Nul ne doit toldrer qu'un batiment ou une construction dont it est proprietaire ou qu'il occupe de- vienne dangereux pour la securitd du public du fait de son inhabitation ou de son inoccupation. 190.01(2) Nul ne doit toldrer qu'un batiment ou une construction qui lui appartiennent on qu'il occupe de- viennent dangereux pour la securite du public du fait de leur d6labrement ou de leur manque de solidit6. 190.01(2.1) Quiconque contrevient ou omet de se con- former au paragraphe (1.1) ou (2) commet une infraction qui est, sous reserve des paragraphes (2.2) et (2.3), punis - sable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d' infraction de la classe F. 190.01(2.2) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue une habitation ou un loge - ment a une autre personne commet Pinfraetion prdvue au paragraphe (2.1) relativement a Fhabitation ou au loge - ment, Famende minimale qui peut etre imposee par un juge en vertu de cette Ioi relativement a Finfraction est de 1000$. Municipalities Act Chap. M -22 190.01(2.3) Where an offence under subsection (2.1) 190.01(2.3) Lorsqu'une infraction prevue au paragra- continues for more than one day, phe (2.1) se poursuit pendant plus d'une journee, (a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Of- fences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proce- dure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues. 190.01(3) Where a condition mentioned in subsection (1), (1.1) or (2) exists, an officer appointed by council may notify the owner or occupier of the premises, building or structure by notice in the form prescribed by regulation which shall (a) be in writing, (b) be signed by the officer, (c) state that the condition referred to in subsection (1), (1.1) or (2) exists, 153 a) dans le cas ou ]'infraction a ete commise relative - ment a une habitation ou a un logement par une per - sonne qui loue ]'habitation ou le logement a une autre personne, (i) Famende minimale qui peut etre imposee est la somme des montants suivants : (A) 1 000 $; et (B) Famende minimale prevue par 1a Loi sur la procedure applicable aux infractions provin- ciales pour une infraction de la classe F multiplies par le nombre de jours pendant lesquels ]infrac- tion se poursuit apres la premiere journee; et (ii) Famende maximale qui peut etre imposee est Famende maximale prdvue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels ]'infraction se poursuit; et b) dans tout autre cas, (i) Famende minimale qui peut etre imposee est Famende minimale prdvue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplies par le nombre de jours pendant lesquels ]'infraction se poursuit, et (ii) Famende maximale qui peut etre imposee est Famende maximale prdvue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels ]'infraction se poursuit. 190.01(3) Lorsqu'une situation mentionnee au paragra- phe (1), (1.1) ou (2) existe, un fonctionnaire nomme par un conseil peut aviser le propridtaire ou ]'occupant des lieux, du batiment ou de la construction par avis selon la formule prescrite par reglement et qui doit 0 a) etre ecrit, b) etre signs par le fonctionnaire, c) etablir 1'existence de la situation indiquee au pa- ragraphe (1), (1.1) ou (2), Ch. M -22 Loi sur des municipalites (d) state what must be done to correct the condition, (e) state the date before which the condition must be corrected, and (e. 1) if an appeal may be brought under subsection 190.021(1), state the final date for giving notice of the appeal. (1) Repealed: 2006, c.4, s.7. 2003, c.27, s.61; 2006, c.4, s.7; 2011, c.30, s.l 190.011 A notice referred to in subsection 190.01(3) shall be given (a) if the person to be notified is an individual, by personal delivery on the individual or by posting the notice in a conspicuous place on the premises, building or structure, or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the notice in a conspicuous place on the premises, building or structure. 2006, c.4, s.8. 190.02(1) Proof of the giving of notice in either manner provided for in section 190.011 may be by a certificate or an affidavit purporting to be signed by the officer referred to in subsection 190.01(3), naming the person to whom notice was given and specifying the time, place and man- ner in which notice was given. 190.02(2) A document purporting to be a certificate un- der subsection (1) shall be (a) admissible in evidence without proof of signature, and (h) conclusive proof that the person named in the cer- tificate received notice of the matters referred to in the certificate. 190.02(3) In any prosecution for a violation of a by- law under section 190 where proof of the giving of notice is made as prescribed under subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. 154 d) specifier ce qu'il faut faire pour remedier a cette situation, e) specifier le ddlai accord6 pour remedier a cette si- tuation, et e.1) specifier le d6lai imparti pour donner un avis d'appel si un appel peut titre interjet6 en vertu du para- graphs 190.021(1). J) Repealed: 2006, c.4, art.7. 2003, c.27, art.61; 2006, c.4, art.7; 2011, c.30, art.l. 190.011 L'avis vise au paragraphe 190.01(3) doit titre notifie a) si le destinataire est un particulier, par remise en main propre au destinataire ou par son affichage sur les lieux, le batiment ou la construction en un endroit vi- sible, ou b) si le destinataire est une corporation, par remise en main propre a tout dirigeant, a tout administrateur, a tout reprdscntant de la corporation ou a tout g6rant ou a toute personne qui parait titre responsable d'un bureau ou au- tre dtablissement de la corporation au Nouveau - Brunswick ou par son affichage sur les lieux, le bati- ment ou la construction en un endroit visible. 2006, c.4, art.8. 190.02(1) La preuve de la notification d'un avis par Tune des fa�.ons pr6vues a Particle 190.011 peut titre faite au moyen d'un certificat ou d'un affidavit present6 comme etant sign6 par le fonctionnaire vise au paragra- phe 190.01(3), et indiquant le nom de l'int6ressd, ainsi que Pheure, la date, le lieu et le mode de notification. 190.02(2) Un document prdsente comme dtant un certi- ficat en vertu du paragraphe (1) doit a) titre admissible en preuve sans qu'il soft n6cessaire de prouver 1'authenticite de la signature, et b) constituer une preuve concluante que la personne designee dans le certificat a requ notification des faits qui y sont mentionnds. 190.02(3) Dans toute poursuite pour une infraction a un arretd en vertu de Particle 190, Iorsque la preuve de la no- tification de Pavis est faite conformement au paragra- phe (1), it incombe a Ia personne accusde de prouver Municipalities Act 190.02(4) A notice given under section 190.011 and purporting to be signed by an officer appointed by council shall be (a) received in evidence by any court in the Province without proof of the signature, (b) proof in the absence of evidence to the contrary of the facts stated in the notice, and (c) in a prosecution for a violation of a by -law under section 190, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premises, building or structure in re- spect of which the notice was given. 2003, c.27, s.61; 2006, c.4, s.9. 190.021(1) An owner or occupier of premises or a build- ing or structure who has been given a notice under section 190.011, other than a notice prepared under subsection 190.041(2), and who is not satisfied with the terms or con- ditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within fourteen days after having been given the notice. 190.021(2) A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be con- firmed. 190.021(3) On an appeal, the committee of council shall hold a hearing into the matter at which the owner or oc- cupier bringing the appeal has a right to be heard and may be represented by counsel. 190.021(3.1) On an appeal with respect to a notice under section 190.011 arising out of a condition mentioned in subsection 190.01(l.1), the municipality that gave the no- tice shall have the burden of proving that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied. 190.021(4) On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice. 155 Chap. M -22 qu'elle nest pas la personne nommde dans le certificat ou 1'affidavit. 190.02(4) Un avis notife en application de Particle 190.011 et prdsentd comme etant sign par un fonction- naire nomme par un conseil a) doit titre admis comme preuve devant tout tribunal de la province sans qu'il soit necessaire de prouver 1'authenticit6 de la signature, b) doit faire foi, en I'absence d'une preuve contraire, des faits qui y sont dnonces, et c) dans toute poursuite pour une infraction a un arretd pris en vertu de Particle 190, doit faire foi, en Pabsence d'une preuve contraire, que Ia personne qui y est nom- m6e est le proprietaire ou Poccupant des lieux, du ba- timent ou de la construction pour lesquels la notification a et6 effectude. 2003, c.27, art. 61; 2006, c.4, art.9. 190.021(1) Le proprietaire ou l'occupant des lieux, du batiment ou de la construction a qui un avis a ete notifie aux termes de I'article 190.011, a 1'exception d'un avis qui a 6t6 prepare aux termes du paragraphe 190.041(2), et qui n'accepte pas les modalitds ou les conditions qui y sont 6noncdes peat interjeter appel devant le comitd du conseil approprid en envoyant un avis d'appel par courrier recom- mande au secretaire de la municipality dans les quatorze jours qui suivent la notification de 1'avis. 190.021(2) L'avis dont it West pas interjet6 appel dans le delai imparti au paragraphe (1) est repute confrrm6. 190.021(3) Lors d'un appel, le comitd du conseil doit tenir, sur le point en litige, une audience au cours de la- quelle le proprietaire ou 1'occupant qui interjette appel a le droit d'etre entendu et peut se faire representer par un avocat. 190.021(3.1) Sur appel concernant Pavis que pr6voit I'article 190.011 ddcoulant d'une situation mentionnee au paragraphe 190.01(1.1), it incombe a la. municipalit6 d'ofx dmane 1'avis de prouver que Ie batiment ou la construction en question est devenu dangereux pour la s6curitd du pu- blic du fait de son inhabitation ou de son inoccupation. 190.021(4) Lors d'un appel, le comitd du conseil peut confirmer, modifier ou annuler 1'avis ou proroger le dylai pour s'y conformer. Ch. M -22 Loi sur les municipalites 190.021(5) The committee of council shall provide a coPy of its decision to the owner or occupier of the prem- ises, building or structure who brought the appeal within fourteen days after making its decision. 190.021(6) The owner or occupier provided with a copy of a decision under subsection (5) may appeal the decision to a judge of The Court of Queen's Bench of New Bruns- wick within fourteen days after the copy of the decision was provided to the owner or occupier on the grounds that (a) the procedure required to be followed by this Act was not followed, (b) with respect to a condition mentioned in subsec- tion 190.01(1) or (2), the decision is patently unreason- able, or (c) with respect to a condition mentioned in subsec- tion 190.01(1.1), the decision is unreasonable. 190.021(7) On the appeal, the judge of The Court of Queen's Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal. 190.021(8) A notice that is deemed to be confirmed un- der subsection (2) or that is confirmed or modified by the committee of council under subsection (4) or a judge of The Court of Queen's Bench of New Brunswick under subsection (7), as the case may be, shall be final and bind- ing upon the owner or occupier who shall comply within the time and in the manner specified in the notice. 190.021(9) An appeal does not prevent a further notice from being given under section 190.011 or from being prepared and signed under subsection 190.041(2) in rela- tion to a condition referred to in the notice that is the sub- ject of the appeal if there has been a change in the condi- tion. 2006, c.4, s.10; 2011, c.30, s.2. 190.022(1) In this section "land registration office" means the registry office for a county or the land titles office for a land registration dis- trict. 156 190.021(5) Le comitd du conseil doit fournir une copie de sa decision au propri6taire ou a 1'occupant des lieux, du batiment ou de la construction qui lui a interjet6 appel dans les quatorze jours suivant la date a laquelle it a rendu sa decision. 190.021(6) Le propridtaire ou l'occupant a qui une copie d'une decision a ete fournie aux termes du paragra- phe (5) peut, dans les quatorze jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que a) la demarche a suivre en vertu de la prdsente loi n'a pas ete suivie, b) dans le cadre d'une situation mentionnde au para- graphe 190.01(1) ou (2), la decision est manifestement ddraisonnable; ou c) dans le cadre d'une situation mentionnde au para- graphe 190.01(1.1), la decision est deraisonnable. 190.021(7) Lors de 1appel, le juge de la Cour du Banc de la Reine du Nouveau - Brunswick peut confrmer, mo- difier ou an n.uler, en tout ou en partie, la ddcision du comitd du conseil et la ddcision du juge en vertu de ce paragraphe West pas susceptible d'appel. 190.021(8) L'avis qui est rdpute confirmd aux termes du paragraphe (2) ou qui est confirm6 ou modif6 par le co- mit6 du conseil aux termes du paragraphe (4) ou par un juge de la Cour du Banc de la Reine du Nouveau - Brunswick aux termes du paragraphe (7), selon le cas, est ddfmitif et lie le propridtaire ou Poccupant, qui sont tenus de se conformer dans le ddlai et de la maniere qui sent prdcisds dans 1'avis. 190.021(9) Un appel n'a pas pour effet d'empecher la notification d'un autre avis aux termes de I'arti- cle 190.011 ou la preparation et la signature d'un autre avis aux termes du paragraphe 190.041(2) par rapport a une situation indiquee dans 1'avis faisant l'objet de rappel s'il y eut un changement do situation. 2006, c.4, art. 10; 2011, c.30, art.2, 190.022(1) Dans le pr6sent article bureau d'enregistrement des biens- fonds » designe le bureau d'enregistrement d'un comte ou le bureau d'enre- gistrement foncier d'une circonscription d'enregistrement foncier. :• Municipalities Act 190.022(2) A notice given under section 190.011 may be registered in the appropriate land registration office and, upon such registration, any subsequent owner of the premises, building or structure in respect of which the no- tice was given shall be deemed, for the purposes of sec- tions 190.04 and 190.041, to have been given the notice on the day on which the notice was given under section 190.011. 190.022(3) For the purposes of registering a notice un- der subsection (2), section 44 of the Registry Act and sec- tion 55 of the Land Titles Act do not apply. 190.022(4) Within thirty days after the terms of the no- tice have been complied with or a debt due to a munici- pality under subsection 190.04(1) or 190.041(5) or due to the Minister of Finance under subsection 190.061(3), as the case may be, is discharged, the municipality shall pro- vide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under section 190.011 or deemed to have been given under subsection (2), as the case may be, and the certificate shall operate as a discharge of the notice. 190.022(5) A person to whom a certificate is provided under subsection (4) may register the certificate in the ap- propriate land registration office, and, upon registration of the certificate, the appropriate registrar of the land regis- tration office may cancel registration of the notice in re- spect of which the certificate was provided. 2006, c.4, s.10. 190.03(1) A person who fails to comply with the terms of a notice given under section 190.011 commits an of- fence that is, subject to subsections (l.l) and (1.2), pun- ishable under Part 11 of the Provincial Offences Procedure Act as a category F offence. 190.03(1.1) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (1) in relation to a notice given under section 190.011 with respect to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect ofthe offence shall be one thousand dollars. 157 Chap. M -22 190.022(2) L'avis notifid aux termes de Parti- cle 190.011 peut titre enregistr6 au bureau d'enregistre- ment des biens -fonds appropri6 et des Fenregistrement, tout propridtaire subsequent des lieux, du batiment ou de la construction pour lesquels la notification a et6 effectu6e est repute, pour 1'application des articles 190.04 et 190.041, avoir requ notification de Favis a la date A la- quelle Favis avait 6t6 notifie aux termer de Parti- cle 190.011. 190.022(3) L'article 44 de laLoi sur l'enregistrement et Particle 55 de la Loi sur 1'enregistrementfoncier ne s'ap- pliquent pas i Penregistrement d'un avis aux termes du paragraphe (2). 190.022(4) Si les exigences formuldes dans I'avis ont 6t6 satisfaites ou que la creance de la municipalitd aux termes du paragraphe 190.04(1) ou 190.041(5) ou la dette du ministre des Finances aux termes du paragra- phe 190.061(3), selon le cas, a 6t6 r6g16e, la municipality doit, dans les trente jours qui suivent, fournir A la personne A qui un avis avait &6 notifi6 aux termes de Particle 190.011 ou a la personne qui est r6put6e avoir reru noti- fication de Favis aux termes du paragraphe (2), selon le cas, un certificat a cette fin, en 1a forme prescrite par r6- glement, qui a pour effet d'annuler Favis. 190.022(5) Toute personne a qui un certificat a dtd four - ni aux termes du paragraphe (4) peut faire enregistrer le certificat au bureau d'enregistrement des biens -fonds ap- proprid et des 1'enregistrement, le registraire appropri6 du bureau d'enregistrement des biens -fonds peut annuler 1'enregistrement de Favis pour lequel le certificat avait 6t6 fourni. 2006, c.4, art. 10. 190.03(1) Quiconque omet de se conformer aux exi- gences formul6es dans un avis notifid aux termes de Par- ticle 190.011 commet une infraction qui est, sous reserve des paragraphes (1.1) et (1.2), punissable en vertu de la Partie H de la Loi sur la procedure applicable aux infrac- tions provinciales a titre d'infraction de la classe F. 190.03(1.1) Nonobstant le paragraphe 56(6) de la Loi sur laprocedure applicable aux infractions provinciales, lorsqu'une personne qui loue une habitation ou un loge - ment a une autre personne commet Finfraction prevue au paragraphe (1) relativement a Favis notifid aux termes de Particle 190.011 par rapport ;k 1'habitation ou au logement, Famende minimale qui peut titre imposee par un juge en vertu de cette loi relativement a P infraction est de 1 000 $. .E Ch. M -22 Loi sur les municipalitis 190.03(1.2) Where an offence under subsection(]) con- 190.03(1.2) Lorsqu'une infraction prevue au paragra- tinues for more than one day, phe (1) se poursuit pendant plus d'une journde, (a) if the offence was committed by a person in rela- tion to notice given under section 190.011 with respect to a dwelling or dwelling unit the person is leasing to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Of- fences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proce- dure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues. 190.03(2) Repealed: 2006, c.4, s.11. 190.03(3) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions of a by -law under section 190. 2003, c.27, s.61; 2006, c.4, s.11. 190.04(1) If a notice has been given under section 190.011, other than a notice prepared under subsection 190.041(2), and the owner or occupier does not comply with the notice, as deemed confirmed or as confirmed or 158 a) dans le cas ou ]'infraction a dte commise par une personne relativement a un avis notifid aux termes de ]'article 190.011 par rapport a une habitation ou a un logement que celle -ci loue a une autre personne, (i) 1' amende minimale qui peut titre imposee est la Somme des montants suivants (A) 1 000 $; et (B) 1'amende minimale prevue par la Loi sur la procedure applicable aux infractions provin- ciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels ]infrac- tion se poursuit apres ]a premiere journee; et (ii) l'amende maximale qui peut titre imposee est l'amende maximale prevue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de fours pendant lesquels ]'infraction se poursuit; et b) dans tout autre cas, (i) Famende minimale qui peut titre imposee est I'amende minimale prevue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par 1e nombre de jours pendant lesquels ]'infraction se poursuit, et (ii) Famende maximale qui peut etre imposee est Famende maximale prevue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels ]'infraction se poursuit. 190.03(2) Abroge : 2006, c.4, art. 11. 190.03(3) La declaration de culpabilite d'une personne en application du present article n'exclut pas les poursuites ultdrieures si cette personne continue de negliger ou d'omettre de se conformer aux dispositions d'un arretd en application de Particle 190. 2003, c.27, art.61; 2006, c.4, art. 11. 190.04(1) Si un avis a ete notifie aux termes de ]'arti- cle 190.011, a 1'exception d'un avis qui a dtd pr6pare aux termes du paragraphe 190.041(2), et que le proprietaire ou ]'occupant ne se conforme pas e. cet avis dans le d6lai im- 91 Municipalities Act modified by a committee of council or a judge under sec- tion 190.021, within the time set out in the notice, the mu- nicipality may, rather than commencing proceedings in respect of the violation or in addition to doing so, (a) if the notice arises out of a condition existing con- trary to subsection 190.01(1), cause the premises of that owner or occupier to be cleaned up or repaired, (a.l) if the notice arises out of a condition existing contrary to subsection 190.01(1.1), cause the building or structure of that owner or occupier to be repaired or demolished, or (b) if the notice arises out of a condition existing con- trary to subsection 190.01(2), cause the building or structure of that owner or occupier to be demolished, and the cost of carrying out such work, including any re- lated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 190.04(2) For the purpose of subsection (1), the officer who gave the notice in respect of the premises, building or structure and the employees of the municipality or other persons acting on behalf of the municipality may, at all reasonable times, enter upon the premises, building or structure in order to clean up or repair the premises or re- pair or demolish the building or structure, as the case may be. 190.04(3) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 2003, c.27, s.61; 2006, c.4, s.12; 2011, c.30, s.3 190.041(1) In this section "emergency" includes a situation in which there is im- minent danger to public safety or of serious harm to prem- ises or to a building or structure. 190.041(2) If upon inspection of a property under sec- tion 102. 1, an officer referred to in that section is satisfied that there is nonconformity with a by -law under section 190 to such an extent as to pose an emergency, the officer may prepare and sign a notice referred to in subsection 159 Chap. M -22 parti et tel qu'il est repute confirme ou tel qu'il est confIr- me ou modifie par un comite du conseil ou par un juge en vertu de Particle 190.021, la municipality peut, au lieu d' intenter des procedures relatives a 1'infraction ou on plus d'intenter des procedures relatives a 1'infraction, a) si l'avis a pour origin une situation contraire au paragraphe 190.01(1), faire nettoyer ou repairer les lieux de ce proprietaire ou de cet occupant, a.1) si Favis a pour origine une situation contraire au paragraphe 190.01(1.1), faire reparer ou demolir le ba- timent ou la construction de ce proprietaire ou de cet occupant, ou b) si 1'avis a pour origine une situation contraire au paragraphe 190.01(2), faire demolir le batiment ou la construction de ce proprietaire ou de cet occupant, et les frais relatifs i l'execution de ces travaux, y compris toute redevance ou tout droit afferent, sont a Ia charge du proprietaire ou de 1'occupant et deviennent une creance de la municipalitd. 190.04(2) Pour I'application du paragraphe (1), le fonc- tionnaire qui a notifie Pavis relativement aux lieux, au ba- timent ou a la construction et les employes de la munici- palitd ou toute autre personne qui agit au nom de celle -ci peuvent penetrer, a tout moment raisonnable, dans les lieux, le batiment ou 1a construction pour nettoyer ou re- parer les lieux ou reparer ou demolir le batiment ou Ia construction, selon le cas. 190.04(3) La municipality ou toute personne agissant en son nom nest pas tenue d'indemniser le proprietaire, ]oc- cupant ou toute autre personne pour quelque acte accompli dans 1'exercice raisonnable des pouvoirs que lui confere le present article. 2003, a.27, art.61; 2006, c.4, art. 12; 2011, c.30, art.3. 190.041(1) Dans le present article situation d'urgence » s'entend notarnment d'une si- tuation oiu it existe un danger imminent i la securite pu- blique ou lorsque des lieux, un batiment ou une construc- tion sont en danger imminent de subir un grave prejudice. 190.041(2) Si au tours d'une inspection d'une propriete aux termer de Particle 102.1 un fonetionnaire vise i cet article est convaincu que la propriete nest pas conforme i un arrete pris en vertu de Particle 190 au point de creer une situation urgence, it peut preparer et signer Pavis vise ', Ch. M -22 Loi sur des municipalites 190.01(3) requiring the owner or occupier of the premises, building or structure in respect of which the notice is pre- pared to immediately carry out work to terminate the dan- ger. 190.041(3) After having prepared and signed a notice referred to in subsection (2), the officer may, either before or after the notice is given under section 190.011, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the officer who pre- pared the notice and the employees of the municipality or other persons acting on behalf of the municipality may, at any time, enter upon the premises, building or structure in respect of which the notice was prepared. 190.041(4) A municipality or a person acting on its be- half is not liable to compensate an owner or occupier or any other person by reason of anything done by or on be- half of the municipality in the reasonable exercise of its powers under this section. 190.041(5) The cost of taking measures under subsec- tion (3), including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 190.041(6) If the notice was not given before measures were taken to terminate the danger, the officer shall give a copy of the notice under section 190.011 as soon as pos- sible after the measures have been taken, and the copy of the notice shall have attached to it a statement by the of- ficer describing the measures taken by the municipality and providing details of the amount expended in taking such measures. 190.041(7) If the notice was given before the measures were taken, the officer shall give a copy of the statement mentioned in subsection (6) in the same manner as a notice is given under section 190.011 as soon as practicable after the measures have been taken. 2006, c.4, s.13. 190.042(1) No person shall refuse entry to or obstructor interfere with an officer referred to in subsection 190.04(2) or 190.041(3) who under the authority of that subsection is entering or attempting to enter premises or a building or structure. 160 au paragraphe 190.01(3) exigeant que le proprietaire ou 1'occupant des lieux, du batiment ou de la construction vises par Pavis execute immddiatement des travaux en vue d'dcarter le danger. 190.041(3) Apros avoir prepare et sign Pavis mention - nd au paragraphe (2), le fonctionnaire pout, avant la noti- fication de Pavis aux termes de Particle 190.011 ou apr6s, prendre les mesures ndcessaires pour ecarter le danger donnant lieu a la situation d'urgence et a cette fm, le fonc- tionnaire qui a prepare Pavis, les employes de la munici- palite ou toute autre personne agissant au nom de celle -ci peuvent pdndtrer, on tout temps, dans les lieux, to batiment ou la construction vises par Pavis. 190.041(4) La municipality ou toute personne agissant en son nom n'est pas tenue d'indemniser le propridtaire, 1'occupant ou toute autre personne pour quelque acte ac- compli dans 1'exercice raisonnable des pouvoirs que lui confore le prdsent article. 190.041(5) Les frais relatifs a la prise de mesures en vertu du paragraphe (3), y compris toute redevance ou tout droit affdrent, sont a la charge du propridtaire ou de I'oc- cupant et deviennent une crdance de la municipalite. 190.041(6) Si Pavis n'a pas 6te notifie avant que des mesures ne soient prises pour dcarter le danger, to fonc- tionnaire notifie aux termes de Particle 190.011 et aussit6t que possible apr6s que ces mesures aient yty prises, une copie de Pavis, a laquelle est jointe une declaration du fonctionnaire faisant etat des mesures prises par la muni- cipality et dormant les d6tails des depenses engagdes pour ces mesures. 190.041(7) Si Pavis a dtd notifid avant que des mesures ne soient prises, le fonctionnaire notifie une copie de la declaration visee au paragraphe (6) de la meme maniere qu'un avis est notifie aux termes de l'articIe 190.011, et ce, aussit6t que possible apr6s que ces mesures aient ete prises. 2006, c.4, art. 13. 190.042(1) Nut ne pout refuser de permettre a un fonc- tionnaire vise au paragraphe 190.04(2) ou 190.041(3) de pdn6trer dans les Iieux, le batiment ou la construction en vertu de ce paragraphe ni Pentraver ou le goner alors qu'il penetre ou tente de pdndtrer dans les lieux, le batiment ou la construction on vertu de ce paragraphe. 93 Municipalities Act 190.042(2) A person who violates or fails to comply with subsection (1) commits an offence that is, subject to subsections (3) and (4), punishable under Part II of the Provincial Offences Procedure Act as a category F of- fence. 190.042(3) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect ofthe offence shall be one thousand dollars. 190.042(4) Where an offence under subsection (2) con- tinues for more than one day, (a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Of- fences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proce- dure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues. 2006, c.4, s.13. Chap. M -22 190.042(2) Quiconque contrevient ou omet de se con- former au paragraphe (1) commet une infraction qui est, sous reserve des paragraphes (3) et (4), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 190.042(3) Nonobstant le paragraphe 56(6) de laLoi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue une habitation ou un loge - ment a une autre personne commet Finfraction visee au paragraphe (2) relativement a Fhabitation ou au logement, 1'amende minimale qui peut titre imposee par un juge en vertu de cette loi relativement a Finfraction est de 1000 $. 190.042(4) Lorsqu'une infraction prdvue au paragra- phe (2) se poursuit pendant plus d'une journde, 161 94 a) dans le cas ou Pinfraction a 6te commise relative - ment a une habitation ou un logement par une personne qui loue Phabitation ou le logement a une autre per - sonne, (i) Famende minimale qui peut titre imposee est la somme des montants suivants : (A) 1 000 $; et (B) 1'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provin- ciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels 1'infrac- tion se poursuit apres la premiere joumde; et (ii) 1'amende maximale qui peut titre imposee est Famende maximale prevue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Finfraction se poursuit; et b) dans tout autre cas, (i) 1'amende minimale qui peut titre imposee est 1'amende minimale prevue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels dinfraction se poursuit, et (ii) I'amende maximale qui peut titre imposee est Pamende maximale prevue par la Loi sur la proce- dure applicable aux infractions provinciales pour Ch. M -22 Loi sur les municipalites 190.05(1) Where the cost of carrying out work or the cost of taking measures becomes a debt due to a munici- pality under subsection 190.04(1) or 190.041(5), as the case may be, an officer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due. 190.05(2) A certificate issued under subsection (1) may be filed in The Court of Queen's Bench ofNew Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be en- forced as a judgment obtained in the Court by the munic- ipality against the person named in the certificate for a debt of the amount specified in the certificate. 190.05(3) All reasonable costs and charges attendant upon the filing, entering and recording of a certificate un- der subsection (2) may be recovered as if the amount had been included in the certificate. 2003, c.27, s.61; 2006, c.4, s.14. 190.06(l) The cost of carrying out work under subsec- tion 190.04(1) or of taking measures under subsection 190.041(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and record- ing of a certificate under section 190.05 shall, notwith- standing subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes lev- ied under the Real Property Tax Act and a special lien un- der subsection 189(10). 190.06(2) The lien in subsection (1) (a) attaches when the work under subsection 190.04(1) is begun or the measures under subsection 190.041(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and (b) follows the real property to which it attaches into whosever hands the real property comes. 162 une infraction de la classe F multiplide par le nombre de jours pendant lesquels l'infraction se poursuit. 2006, c.4, art.13. 190.05(1) Lorsque Ies frais relatifs a 1'ex&ution de tra- vaux ou a la prise de mesures deviennent une cr6ance de la municipality en vertu du paragraphe 190.04(1) ou 190.041(5), selon le cas, un fonctionnaire de la municipa- litd peut ddlivrer un certificat indiquant le montant de la cr6ance et le nom du propri6taire ou de 1'occupant res- ponsible de la cr6ance. 190.05(2) Un certificat ddlivr6 en vertu du paragra- phe (1) peut titre depose a la Cour du Banc de la Reine du Nouveau - Brunswick oiu it doit titre inscrit et enregistr6, et it peut alors titre ex6cut6 comme un jugement obtenu de la Cour par la municipality contre la personne dont le nom est inscrit dans le certificat, pour une dette dont le montant y est precise. 190.05(3) Tous les frais et depenses raisonnables relatifs au d6p6t, a l'inscription et a Fenregistrement d'un certifi- cat en vertu du paragraphe (2) peuvent titre recouvr6s comme si le montant avait dtd inclus dans le certificat. 2003, c.27, art. 61; 2006, c.4, art. 14. 190.06(1) Les frais relatifs a 1'execution des travaux en vertu du paragraphe 190.04(1) ou a la prise de mesures en vertu du paragraphe 190.041(3), selon le cas, et tous les frais et depenses raisonnables relatifs au d6p6t, a Fins - cription et a 1'enregistrement d'un certificat en vertu de Particle 190.05 constituent, jusqu'a leurpaiement, nonob- stant le paragraphe 72(2) de la Loi sur les accidents du travail, un privilege grevant le bien reel sur lequel les tra- vaux sont effectues ou les mesures sont prises, en priority sur toute r6clamation, droit, privilege ou autre charge, quelle que snit 1'6poque de leur crdation, sous la seuie rd- serve des imp6ts lev6s en vertu de la Lai sur l'impot fon- cier et d'un privilege special en vertu du paragra- phe 1$9(10). 190.06(2) Le privil6ge visa au paragraphe (1) a) s'applique lorsque les travaux visds au paragra- phe 190.04(1) ou les mesures visyes au paragra- phe 190.041(3), selon le cas, ont d6butd et sans qu'il soit n6cessaire, pour le creer ou le conserver, d'enre- gistrer ou de ddposer un document quelconque ou d' avi- ser qui que ce soit, et b) suit le bien r6el qu'il gr6ve en quelques mains que ce bien rdel se trouve. 95 Municipalities Act 190.06(3) Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encum- brance upon or against the real property to which is at- tached a lien under subsection (1) (a) may pay the amount of the lien, (b) may add the amount to the person's mortgage, judgment or other security, and (c) has the same rights and remedies for the amount as are contained in the person's security. 2003, a.27, s.61; 2006, c.4, s.15. 190.061(1) Where a debt due to a municipality under subsection 190.04(1) or 190.041(5) remains unpaid in whole or in part and the Minister of Finance is of the opin- ion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before De- cember 31 in any year, pay to the municipality the follov4- ing amounts at the same time as the first payment is made to the municipality under section 6 of the Municipal As- sistance Act in the following year: (a) the unpaid amount of the debt; and (b) interest on the unpaid amount of the debt (i) calculated at the same rate as is applied in de- termining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (ii) accruing from the day the municipality com- pletes the work or measures in respect of which the debt arose to the day the municipality makes a re- quest under this subsection for payment in respect of the debt. 190.061(2) A municipality shall make a request under subsection (1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt. 190.061(3) Subject to subsection (4), where a debt due to a municipality under subsection 190.04(1) or 190.041(5) in relation to work carried out or measures taken with respect to premises or a building or structure remains unpaid, in whole or in part, by the person liable to 163 Chap. M -22 190.06(3) Tout cr6ancier hypothecaire ou crdancier sur jugement ou tout autre titulaire d'une r6clamation, d'un droit, d'un privilege ou de toute autre charge sur le bien reel grev6 d'un privil6ge en vertu du paragraphe (1), a) peut acquitter le montant du privilege, b) peut ajouter ce montant au montant de son hypo - theque, jugement ou autre suret6, et c) a, a 1'egard de ce montant, les mimes droits et re- cours que ceux que comporte sa surete. 2003, c,27, art.61; 2006, c.4, art. 15. 190.061(1) Lorsqu'une cr6ance d'une municipality en vertu du paragraphe 190.04(1) ou 190.041(5) demeure im- pay6e, en totalit6 ou en partie, et que le ministre des Fi- nances est d'avis que la municipality a fait des efforts rai- sonnables pour recouvrer le montant impay6, le ministre des Finances doit, si la municipality lui a fait demande avant le 31 d6cembre d'une ann6e, verser les montants suivants a la municipality en m6me temps qu'il effectue, lors de la prochaine annee, le premier versement a la mu- nicipalit6 en vertu de Particle 6 de la Loi sur l'aide aux municipalites : a) le montant impay6 de la cr6ance; et b) l'interet sur le montant impaye de la cr6ance (i) calcule au m6me taux applique pour determiner le montant d'une p6nalite pr6vue par le paragra- phe 10(3) de la Lai sur l'impotfoncier, et (ii) qui court a partir de la date a laquelle la muni- cipalit6 a acheve les travaux ou les mesures qui ont donne lieu a la creance jusqu'a la date a laquelle la municipality a fait sa demande pour un versement relativement a la cr6ance aux termes du present pa- ragraphe. 190.061(2) Une municipality fait une demande aux termes du paragraphe (1) en pr6sentant au ministre des Fi- nances un ytat des depenses engagees par celle -ci qui a donne lieu A la cr6ance. 190.061(3) Sous reserve du paragraphe (4), lorsqu'une creance d'une municipality en vertu du paragra- phe 190.04(1) ou 190.041(5) relative a des travaux effec- tu6s ou a des mesures prises par rapport a des lieux, a un batiment ou a une construction demeure impay6e, en to- talit6 ou en partie, par Ia personne tenue au paiement de la M Ch. M -22 Loi sur les municipalites pay the debt and the Minister of Finance has made a pay- ment under subsection (1) in respect of the debt, (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and (b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or structure in the same manner that taxes on real property are collected under the Read Property Tax Act: (i) any part of the debt under subsection 190.04(1) or 190.041(5) that remains unpaid by the person liable to pay the debt; and (ii) interest on the unpaid part of the debt (A) calculated at the same rate as is applied in determining the amount of a penalty under sub- section 10(3) of the Real Property Tax Act, and (B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection (1) for payment in respect of the debt. 190.061(4) Subject to subsections (5) and (6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14,14.1, 15, 16, 19,20, 24 and 25 ofthe Real Property Tax Act apply with the necessary modifications for the purposes of subsection (3). 190.061(5) Where the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act. 190.061(6) Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) con- stitutes a charge on the proceeds that ranks equally with a 164 creance et que le ministre des Finances a effectue un ver- sement aux termes du paragraphe (1) relativement a la creance, a) toute partie de la creance qui demeure impayee par la personne tenue au paiement de la creance devient une dette due au ministre des Finances, et b) le ministre des Finances doit percevoir du proprie- taire des lieux, du batiment ou de la construction les montants suivants de la meme maniere que l'impot fon- cier en vertu de la Loi sur 1'impot foncier : (i) toute partie de la creance en vertu du paragra- phe 190.04(1) ou 190.041(5) qui demeure impay6e par 1a personne tenue au paiement de la creance; et (ii) l'interet sur la partie de la creance qui demeure impayee (A) calcule au meme taux applique pour deter- miner le montant d'une penalite prevue par le pa- ragraphe 10(3) de la Loi sur 1'impot foncier, et (B) qui court a partir de la date a laquelle la mu- nicipalit6 a acheve les travaux ou les mesures qui ont donne lieu a la creance jusqu'a la date a la- quelle la municipalite a fait sa demande pour un versement relativement a la creance aux termes du paragraphe (1). 190.061(4) Sous reserve des paragraphes (5) et (6), Far - ticle 7, Particle 10, a ]'exception du paragraphe 10(2), et les articles 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 et 25 de la Loi sur Vimpotfoncier s'appliquent avec Ies modifica- tions n6cessaires pour I'application du paragraphe (3). 190.061(5) Lorsque les montants vises A l'alinea (3)b) demeurent impayes, ces montants et toute penalite y ajou- t6e en vertu du paragraphe (4) constituent un privilege sur les biens reels qui ont fait I'objet de travaux effectues ou des mesures prises et le privilege prend un rang egal au privilege prevu au paragraphe 11(1) de la Loi sur 1 'impot foncier. 190.061(6) En cas de vente d'un bien reel en vertu d'une ordonnance de saisie hypothecaire, de saisie et vente ou d'execution ou par d'autres voies judiciaires ou en vertu d'un pouvoir de vente en vertu d'une debenture ou d'une hypotheque ou en vertu du paragraphe 44(1) de la Loi sur les biens, le montant d'un privilege vise au paragra- phe (5) constitue une charge qui prend un rang 6gal a une 97 Municipalities Act charge under subsection 11(1) of the Real Property Tax Act. 2006, c.4, s.16. 190.07 A municipality shall not proceed to act under paragraph 190.04(1)(b) unless it has a report from an ar- chitect, an engineer, a building inspector or the Fire Mar- shal that the building or structure is dilapidated or struc- turally unsound and such report is proof in the absence of evidence to the contrary that the building or structure is dilapidated or structurally unsound. 2003, a.27, s.61; 2006, c.4, s.17. I IAI1 ITA WAL00 101100 got 2005, c.7, s.49. 190.0705 In sections 190.071 to 190.09, Chap. M -22 charge vis6e au paragraphe 11(1) de la Loi sur Pimp& foncier. 2006, c.4, art. 16. 190.07 La municipalitd ne doit pas prendre les mesures pr6vues a 1'alin6a 190.04(1)b) sans avoir on un rapport dmanant d'un architecte, d'un ing6nieur, d'un inspecteur des constructions ou du prdv6t des incendies 6tablissant que le batiment ou la construction est d6labrd ou manque de soliditd, et ce rapport fait foi, en 1'absence d'une preuve contraire, du ddlabrement ou du manque de solidite de ce batiment ou de cette construction. 2003, c.27, art.61; 2006, c.4, art. 17. COMMUNAUTES RUR.ALES 2005, c.7, art.49. 190.0705 Aux articles 190.071 a 190.09, "service" means, unless the context requires otherwise, « service » ddsigne, a moins d'indication contraire du a service prescribed by regulation. contexte, un service prescrit par reglement. 2005, c.7, s.49. 190.071(1) On the recommendation of the Minister, the Lieutenant - Governor in Council may make regulations re- specting conditions and procedures that shall be complied with and criteria that shall be considered before (a) the inhabitants of an area may be incorporated as a rural community, (b) two or more rural communities may be amalga- mated, (c) a contiguous area may be annexed to a rural com- munity, (d) two or more rural communities may be amalga- mated and contiguous areas annexed to the new rural community, (e) one or more rural communities may be amalga- mated with one or more villages as a rural community and contiguous areas annexed to the new rural com- munity, 69 the territorial limits of a rural community may be decreased, or 2005, c.7, art.49. 190.071(1) Sur la recomrnandation du Ministre, le lieutenant - gouverneur en Conseil peut dtablir des regle- ments concernant les conditions et procedures qu'il faut observer et les criteres qu'il faut considerer avant a) que les habitants d'une r6gion soient constituds en communautd rurale, b) que deux ou plusieurs communaut6s rurales soient fusionn6es, c) qu'une r6gion voisine soit a.nnexde a une commu- naut6 rurale, d) que deux ou plusieurs communautds rurales soient fusionn6es et que des rdgions voisines soient annex6es A la nouvelle communautd rurale, e) qu'une ou plusieurs cornmunaut6s rurales soient fusionn6es avec un ou plusieurs villages en une com- munautd rurale et que des rdgions voisines soient an- nex6es a la nouvelle communautd rurale, j9 que les limiter territoriales d'une communaut6 ru- rale soient rdduites, ou (g) a rural community may be dissolved, g) qu'une communautd rurale soit dissoute. 165 .; Ch. M -22 Loi sur les municipalites 190.071(2) The Minister may, and if petitioned by the 190.071(2) Le Ministre peut, et si le conseil de la com- rural community council shall, carry out a study to deter- munautd rurale lui presente une requete a cet effet doit, mine the feasibility of dissolving a rural community. faire r6aliser une etude afin de determiner la justification de la dissolution d'une communautd rurale. 190.071(3) A rural community shall not be dissolved except by a special Act of the Legislature. 2005, c.7, s.49. 190.072 If an area complies with the regulations under subsection 190.071(1), on the recommendation of the Minister, the Lieutenant - Governor in Council may by reg- ulation (a) incorporate the inhabitants of the area as a rural community, (b) amalgamate two or more rural communities, (c) annex a contiguous area to a rural community, (d) amalgamate two or more rural communities and annex contiguous areas to the new rural community, (e) amalgamate one or more rural communities with one or more villages and annex contiguous areas to the new rural community, or 69 decrease the territorial limits of a rural community 2005, c.7, s.49. 190.073(1) On the recommendation of the Minister, the Lieutenant - Governor in Council may, in a regulation un- der section 190.072, (a) prescribe the effective date of the incorporation, amalgamation, annexation or decrement of the rural community, (b) prescribe the name of the rural community, (c) prescribe the boundaries of the rural community, (d) for the purpose of the first election, provide for 166 190.071(3) Une communaute rurale ne doit etre dissoute que par une loi d'intdret particulier de la Legislature. 2005, c.7, art.49. 190.072 Sur la recommendation du Ministre, le lieutenant- gouverneur en conseil peut, si une region se conforme aux reglements dtablis en vertu du paragra- phe 190.071(1) a) constituer les habitants de la region en commu- naute rurale, b) fusionner deux ou plusieurs communautes rurales, c) annexer une region voisine a une communaute ru- rale, d) fusionner deux ou plusieurs communautds rurales et annexer des regions voisines a la nouvelle commu- naute rurale, e) fusionner une ou plusieurs communautes rurales avec un ou plusieurs villages et annexer des regions voisines a la nouvelle communaute rurale, ou fi reduire les limiter territoriales d'une communautd rurale. 2005, c.7, art.49. 190.073(1) Sur la recommandation du Ministre, le lieutenant - gouverneur en conseil peut, dans un reglement etabli en vertu de Particle 190.072 a) fixer la date d'effet de la constitution d'une com- munaute rurale, de Ia fusion, de 1'annexion ou de la rd- duction des limites territoriales d'une communaute ru- rale, b) finer le nom de la communautd rurale, c) fixer les limites territoriales de la communautd ru- rale, d) en vue des premieres elections, prendre les me- sures utiles en ce qui concerne 99 Municipalities Act Chap. M -22 (i) the composition of the first rural community (i) la composition du premier conseil de la com- council and local commissions, munautd rurale et des premieres commissions lo- cales, (ii) the holding of elections, either before or sub- sequent to the effective date of the incorporation, amalgamation, annexation or decrement, (iii) polling divisions, (iv) the fixing of days for nominations, either be- fore or subsequent to the effective date of the incor- poration, amalgamation, annexation or decrement, (v) the fixing of a day for the holding of the first election, (vi) the qualifications of candidates and voters, (vii) the preparation of voters lists, (viii) the fixing of a day for the taking of the oath of office, (ix) the fixing of days for first meetings ofthe rural community council and local commissions, and (x) such other matters as are deemed necessary to provide for the effective administration of the new rural community or any of its local commissions, (e) if a first election is held under paragraph (d) to elect a first rural community council prior to the effec- tive date of the incorporation, amalgamation, annexa- tion or decrement, fix the remuneration of the members of the first rural community council for the period fall- ing between the taking of the oath of office and the ef- fective date of the incorporation, amalgamation, annex- ation or decrement, 69 prescribe which services listed in the First Sched- ule are to be provided by the Minister in the rural com- munity or any portion of it, 167 (ii) la tenue d'61ections, soit avant ou apres Ia date d'effet de la constitution en communaut6 rurale, de la fusion, de 1'annexion ou de la reduction des limites territoriales de la communaut6 rurale, (iii) les sections de vote, (iv) les choix des jours pour les declarations des candidatures, soit avant ou apres la date d'effet de la constitution en communaut6 rurale, de la fusion, de I'annexion ou de la reduction des limites territoriales de la communautd rurale, (v) le choix d'un jour de la tenue des premieres dlections, (vi) les conditions que doivent remplir les candi- dats et les 6lecteurs, (vii) la preparation des listes 6lectorales, (viii) le choix d'un jour pour preter le serment d'entr6e en fonction, (ix) le choix des jours pour les premieres s6ances du conseil de la communautd rurale et des commis- sions locales, et (x) toutes les autres questions r6put6es necessaires afm d'assurer une administration efficace de la nou- velle communaut6 rurale ou de toute commission lo- cale de celle -ci, e) si les premi6res elections sont tenues en vertu de Falinea d) afin d'61ire le premier conseil de la commu- naut6 rurale avant la date d'effet de la constitution en communaut6 rurale, de la fusion, de 1'annexion ou de la reduction des limites territoriales de la communaut6 ru- rale, fixer la remun6ration des membres du premier conseil de la communaut6 rurale pour la pdriode com- prise entre le moment de la prestation de serment Wen - tr6e en fonction et la date d'effet en constitution en communautd rurale, de la fusion, de Pannexion ou de la reduction des limites territoriales de la communaut6 ru- rale, J) fixer quels services 6numeres a I'Annexe 1 doivent titre fournis par le Ministre dans la communaut6 rurale ou dans toute partie de celle -ci, 100 Ch. M -22 Loi sur les municipalites (g) prescribe land use planning as a service that shall be provided in the rural community by the rural com- munity, (h) make adjustments in relation to the provision of services for a local service district or other rural com- munity affected by the incorporation, amalgamation, annexation or decrement, (i) make adjustments of assets and liabilities between rural communities affected by the regulation under sec- tion 190.072 as the rural communities agree upon or, in default of agreement, as the Lieutenant - Governor in Council deems equitable, (j) create, amalgamate or dissolve local commissions and make adjustments of assets and liabilities of local commissions as they agree upon or, in default of agree- ment, as the Lieutenant- Governor in Council deems equitable, (k) appoint one or more persons who have all the powers of a commissioner appointed under the Inqui- ries Act to inquire into and report to the Lieutenant - Governor in Council upon the adjustments of assets and liabilities referred to in paragraphs (i) and 0), (1) prescribe the number of members on the rural community council, (m) provide for the election of rural community coun- cillors at large, by ward, or a combination of the two, (n) divide the rural community into wards, (o) designate any rural plan under subsection 77(2.1) of the Community Planning Act, any portion of a rural plan or any other regulation under the Commun- ity Planning Act or a rural plan adopted under subsec- tion 77.2(1) ofthe Community PlanningAct as the basic planning statement, rural plan, zoning regulation or other regulation, as the case may be, of the rural com- munity or portion of the rural community, 168 g) etablir que la planification de I'utilisation des terres est un service qui doit titre fourni dans la com- munaute rurale par le Conseil de la communaute rurale, h) faire les ajustements relativement a la prestation de services pour un district de services locaux ou une autre communaute rurale touche par la constitution d'une communaute rurale, la fusion, Pannexion ou la reduc- tion des limites territoriales de la communaute rurale, i) procdder aux operations de regularisation de 1'actif et du passif des communautes rurales touchees par un reglement en vertu de Particle 190.072 dont celles -ci seront convenues ou, a defaut d'accord, aux operations que le lieutenant- gouverneur en conseil estime equita- ble d'effectuer, j) creer, fusionner ou dissoudre les commissions lo- cales et procdder aux opdrations de regularisation de Pactif et du passif des commissions visees dont celles- ci seront convenues et, i defaut d'accord, crder, fusion - ner ou dissoudre les commissions locales pour les- quelles le lieutenant- gouverneur en conseil estime equitable de prendre cette mesure et procdder a la rdgu- larisation de leur actif et passif qu'il estime equitable d'effectuer, k) nommer une ou plusieurs personnes ayant tous les pouvoirs d'un commissaire nomme en application de la Loi sur des enquetes pour faire enquete et rapport au lieutenant- gouverneur en conseil sur les opdrations de regularisation de 1'actif et du passif mentionnees aux alineas i) et j), 1) fixer le nombre de membres siegeant au conseil de la communaute rurale, m) prendre les mcsures necessaires pour 1'dlection des conseillers de la communaute rurale, par scrutin ge- neral ou par quartier, ou une combinatson des deux, n) diviser Ia communaute rurale en quartiers, o) designer un plan rural en vertu du paragra- phe 77(2.1) de laLoi sur l 'urbanisme, toute portion d'un plan rural ou de tout autre reglement dtabli en vertu de la Loi sur l'urbanisme ou d'un plan rural etabli en vertu du paragraphe 77.2(1) de la Loi sur l'urbanisme comme declaration des perspectives d'urbanisme, plan rural, reglement de zonage ou autre reglement, selon le cas, de la communautd rurale ou d'une partie de la commu naute rurale, 101 Municipalities Act (p) prescribe transitional provisions in relation to a local service district or municipality that is abolished or altered as a result of the incorporation or change in the boundaries of a rural community, including adjustments of assets and liabilities, and (q) provide for all matters necessary or incidental to the incorporation, amalgamation, annexation or decre- ment. 190.073(2) If an area is incorporated as a rural com- munity under section 190.072, any service listed in the First Schedule provided in the area shall, subject to a pro- vision under paragraph (1)(f) or (g), continue to be pro- vided by the Minister in the rural community or that por- tion of the rural community until the service is discontinued pursuant to a regulation under para- graph 190.09(l)(s) or a by -law is enacted under subsec- tion 190.079(1). 190.073(3) If a service, whether provided by the Min- ister or the rural community, is discontinued in a rural community or any portion of a rural community, all lia- bilities associated with the service continue until dis- charged. 190.073(4) If a rural community has not enacted a by- law under subsection 190.079(1) authorizing it to provide a garbage and refuse collection and disposal service, and notwithstanding that the rural community or any area within the rural community has not been established in accordance with this Act for the provision of a garbage and refuse collection and disposal service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a regulation made under paragraph 190.09(1)(s), provide that service in the rural community or in any area within the rural community, if the rural community or area is within the territory serviced by a regional solid waste commission established under section 15.3 of the Clean Environment Act. 190.073(5) If the Minister provides a garbage and refuse collection and disposal service under subsection (4), the Minister may do so by entering into an agreement with the regional solid waste commission established under sec- tion 15.3 of the Clean Environment Act and the Minister 169 Chap. M -22 p) fixer les dispositions de transition applicables A un district de services locaux ou a une municipalit6 aboli ou modifie lors de la constitution en communautd rurale ou lors de la modification de ses limites territoriales, y compris le rajustement de 1'actif et du passif du district ou de la municipalitd, et q) prendre les mesures qui s'imposent en cc qui con - cerne toutes les autres questions n6cessaires ou acces- soires a la constitution en communaut6 rurale, a la fu- sion, a I'annexion ou a la r6duction des limites territoriales de la communaut6 rurale. 190.073(2) Si une rdgion est constitude en communautd rurale en vertu de Particle 190.072, tout service 6num6r6 a 1'Annexe 1 fourni dans cette rdgion doit, sous rdserve d'une disposition dtablie en application de Palinda (1)f) ou g), continuer a We fourni par le Ministre dans la commu- naut6 rurale ou dans la partie en question de la commu- naut6 rurale jusqu'a cc qu'iI soit supprimd en vertu d'un reglement dtabli en application de 1'alin6a 190.09(1)s) ou qu'un arret6 soit adopt6 en vertu du paragra- phe 190.079(1). 190.073(3) Si un service fourni par le Ministre ou par la communautd rurale est supprim6 dans une communaut6 rurale ou dans une partie d'une communaW rurale, touter les dettes affdrentes a cc service demeurent dues jusqu'a cc qu'elles soient acquittdes. 190.073(4) Si une communaut6 rurale n'a pas adoptd un arr&6 en vertu du paragraphe 190.079(l) lui permettant de fournir le service de collecte et d'6vacuation des ordures, et nonobstant le fait que la communaut6 rurale ou un sec- teur quelconque de la communautd rurale n'a pas dtd dtabli en vertu de la pr6sente loi pour fournir un service de col - lecte et d'6vacuation des ordures par le Ministre, it peut, conform6ment aux r6glements dtablis en vertu de Parti- cle 191 et sans tenir compte de la procddure dtablie dans un reglement en application de 1'alin6a 190.09(1)s), four - nir cc service dans la communautd rurale ou un secteur quelconque de la communautd rurale si la communaut6 rurale ou le secteur est situd dans le territoire couvert par une commission r6gionale de gestion des matieres us6es solides dtablie en vertu de Particle 15.3 de la Loi sur Pas - sainissement de l'environnement. 190.073(5) Si le Ministre fournit le service de collecte et d'dvacuation des ordures en vertu du paragraphe (4), it peut le faire en concluant un accord aver la commission r6gionale de gestion des matieres usdes solides dtablie en vertu de Particle 15.3 de la Loi sur Passainissement de 102 Ch. M-22 Loi sur les municipalites shall raise the money required for provision of the service l 'environnement et it doit rdunir les fonds n6cessaires i in accordance with section 190.082. cette fm en conformit6 de Particle 190.082. 190.073(5.1) If a rural community- has not enacted a by- law under subsection 96(1) authorizing it to provide a dog control service, and notwithstanding that the rural com- munity or any area within the rural community has not been established in accordance with this Act for the pro- vision ofa dog control service by the Minister, the Minister may, in accordance with regulations made under section 191 and without following the procedure set out in a reg- ulation made under paragraph 190,09(1)(s), provide that service in the rural community or in any area within the rural community. 190.073(5.2) The Minister shall raise the money re- quired for provision of a dog control service in accordance with section 190.082. 190.073(6) If a regulation is made under sec- tion 190.072, the Lieutenant - Governor in Council may (a) amend or repeal a rural plan or any other regula- tion made under the Community Planning Act to make adjustments respecting areas affected by the incorpo- ration of the rural community, and (b) amend or repeal a regulation made under sec- tion 23.1 or 190.072 to make adjustments in respect of the boundaries of any local service district or rural com- munity affected by the incorporation of the new rural community. 190.073(7) The amalgamation of two or more rural communities does not affect the by -laws then in force in each of the former rural communities, and they remain in force in each former rural community until repealed by the rural community council of the new rural community. 190.073(8) Subject to section 19.2, when an area is an- nexed to a rural community, the by -laws of the rural com- munity extend to the annexed area. 190.073(9) When the territorial limits of a rural com- munity are decreased, the by -laws of the former rural com- munity apply to the new rural community. 190.073(5.1) Si une communaute rurale n'a pas adopt6 un arret6 en vertu du paragraphe 96(1) lui permettant de fournir le service de contr6le des chiens, et malgrd le fait que la communaut6 rurale ou un secteur quelconque de la communaut6 rurale n'a pas 6t6 6tabli en vertu de la pr6- sente loi pour fournir un service de controle des chiens par le Ministre, it peut, conform6ment aux reglements pris en vertu de Particle 191 et sans tenir compte de la procedure etablie dans un reglement pris en application de 1'ali- nea 190.09(1)s), fournir cc service dans la communaut6 rurale ou un secteur quelconque de la communaut6 rurale. 190.073(5.2) Le Ministre reunit les fonds necessaires pour fournir le service de contr6le des chiens en confor- mite aver Particle 190.082. 190.073(6) Si un reglement est 6tabli en vertu de Parti- cle 190.072, le lieutenant- gouverneur en conseil peut a) modifier ou abroger un plan rural ou tout autre re- glement etabli en vertu de la Lo! sur 1'urbanisme afin de faire des ajustements concernant les regions tou- ch6es par la constitution de la communaut6 rurale, et b) modifier ou abroger un reglement 6tabli en vertu de Particle 23.1 ou 190.072 afin de faire des ajustements concernant les limites d'un district de services locaux ou d'une communaut6 rurale touch6 par la constitution de la nouvelle communaut6 rurale. 190.073(7) La fusion de deux ou plusieurs communau- t6s rurales n'a aucun effet sur les arr&& en vigueur a cette date daps chacune des anciennes communaut6s rurales; ces arret6s demeurent en vigueur jusqu'i leer abrogation par le conseil de la communaut6 rurale de la nouvelle communaute rurale. 190.073(8) Sous reserve de Particle 19.2, lorsqu'une rr6- gion est annexee a une communaut6 rurale, les arret6s de celle -ei s'appliquent i la region annex6e. 190.073(9) Lorsque les limiter territoriales d'une com- munaut6 rurale sont r6duites, les arretds de 1'ancienne communaut6 rurale s'appliquent i la nouvelle commu- naute rurale. 190.073(10) Subsection 77(l 1) of the Community Plan- 190.073(10) Leparagraphe77(11)delaLoisurl'urba- ning Act does not apply to paragraph (6)(a). nisme ne s'applique pas a 1'alin6a (6)a). 2005, c.7, s.49; 2009, c.19, s.2. 2005, c.7, art.49; 2009, c.19, art.2. 170 103 Municipalities Act 190.074(1) The inhabitants of a rural community cre- ated under section 190.072 are a body corporate under the name prescribed for it under section 190.072. 190.074(2) Notwithstanding the description of the ter- ritorial limits of a rural community, all wharves, piers, docks, bridges, causeways, breakwaters and other similar structures contiguous to the boundary of a rural commun- ity are included within the rural community. 190.074(3) A rural community has perpetual succes- sion. 190.074(4) A rural community may, in its corporate name, (a) sue and be sued, (b) become a party to any contract or agreement within its powers, (c) subject to the regulations, charge interest, at the rate determined by a resolution of the rural community council, on any debt owing to it, (d) receive by donation and otherwise acquire, hold, dispose of and convey any property, real or personal, for any purpose within its powers, and (e) take security in any form for a debt owing to it. 190.074(5) A rural community may provide for, create, alter and abolish committees, departments, bureaus, divi- sions, boards, commissions, officials and agencies of the rural community and delegate administrative powers and duties to them. 190.074(6) If a person defaults in doing any thing he or she has been lawfully ordered or directed by a rural com- munity council to do, the rural community council may cause that thing to be done and recover the expense for doing it, with costs, together with any damages arising from the default, in an action against the person. 2005, c.7, s.49. 190.075(1) A rural community shall have a corporate seal that the rural community council may alter or change at pleasure. 171 Chap. M -22 190.074(1) Les habitants d'une communaut6 rurale de- viennent un corps constitue en vertu de Particle 190.072 sous le nom qui lui est attribue en vertu de Parti- cle 190.072. 190.074(2) Par ddrogation a la definition des limites ter - ritoriales d'une communaut6 rurale, les quais, jetties, bas - sins, ponts, chaussdes, brise -lames et autres ouvrages sem- blables, contigus d la limite d'une communaut6 rurale sont compris dans la communaut6 rurale. 190.074(3) Une communautd rurale est 6tablie a peril& tuite. 190.074(4) Une communaut6 rurale peut, sous sa desi- gnation sociale, a) ester en justice, b) titre partie a un contrat ou it un accord dans les li- miter de ses attributions, c) sous rtiserve des reglements, faire payer des intd- rets au taux fix6 par une resolution du conseil de la communaut6 rurale sur toute somme qui lui est due, d) recevoir par donation et, de toute autre maniere, acquerir, posseder, aligner et transferer tout bien, rdel ou personnel pour quelque objet que ce soit dans les limites de ses attributions, et e) prendre tout genre de sftmt6 en garantie d'une cr6ance. 190.074(5) Une communaut6 rurale peut pr6voir, cr6er, modifier et supprimer des comites, services, bureaux, sub- divisions, postes de fonctionnaires et organismes de la communautd rurale et leur del6guer des pouvoirs et fonc- tions d'ordre administratif. 190.074(6) Si une personne n6glige d'accomplir un acte qu'un conseil de la communaute rurale lui a ldgalement ordonne ou enjoint d'accomplir, le conseil de la commu- nautd rurale peut faire assurer 1'ex6cution de cet acte et recouvrer les frail auxquels donne lieu cette exdcution, ainsi que les dommages- intdrets attribuables a cette n6gli- gence, par une action contre cette personne. 2005, c.7, art.49. 190.075(1) Une communautd rurale doit poss6der un sceau corporatif que le conseil de la communautd rurale peut modifier ou remplacer a sa discretion. 104 Ch. M -22 Loa sur des municipalites 190.075(2) No agreement, contract, deed or other docu- ment to which a rural community is a party has any force or effect unless it is (a) sealed with the corporate seal of the rural com- munity, and (b) signed by the rural community mayor and the ru- ral community clerk. 2005, c.7, s.49. 190.076(1) The powers of a rural community are vested in and shall be exercised by its rural community council. 190.076(2) A rural community council shall advise and assist the Minister in providing services listed in the First Schedule to the rural community. 190.076(3) A rural community council is continuing and a new rural community council may take up and complete proceedings commenced by a previous rural community council. 190.076(4) Members of a rural community council shall be elected in accordance with the Municipal Elections Act. 190.076(5) Section 38 applies with the necessary mod- ifications to the election of members of a rural community council. 190.076(6) Sections 90.1 to 90.91 apply with the nec- essary modifications to a member of a rural community council. 2005, c.7, s.49. 190.077(1) A rural community council may appoint a chief administrative officer for the rural community. 190.077(2) A rural community council shall appoint a rural community clerk, a treasurer and an auditor. 190.077(3) A rural community council may appoint an assistant clerk, an assistant treasurer, an engineer, a build- ing inspector, a solicitor and such other officers as are necessary for the administration of the rural community. 190.075(2) Les conventions, contrats, actes ou autres documents auxquels une communautd rurale est partie Wont de validitd ou d'effets que s'ils a) portent le sceau corporatif de la communautd ru- rale, et b) sont revetus de la signature du maire de la com- munautd rurale et du greffier de la communautd rurale. 2005, c.7, art.49. 190.076(1) Les pouvoirs d'une communautd rurale ap- partiennent au conseil de la communautd rurale qui les exerce. 190.076(2) Un conseil de la communautd rurale con - seille et aide le Ministre relativement a la fourniture des services dnumdrds a l'Annexe 1 a la communautd rurale. 190.076(3) Un conseil de la communautd rurale est per- manent et un nouveau conseil de la communautd rurale peut continuer et terminer les travaux entamds par un con- seil antdrieur. 190.076(4) Les membres d'un conseil de la communau- td rurale doivent etre Ous conformdment a la Loi sur les elections municipales. 190.076(5) L'article 38 s'applique avec les adaptations ndcessaires a 1'e1ection des membres d'un conseil de la communautd rurale. 190.076(6) Les articles 90.1 a 90.91 s'appliquent avec les adaptations ndcessaires a un membre d'un conseil de la communautd rurale. 2005, c.7, art.49. 190.077(1) Un conseil de la communautd rurale peut nommer un directeur generaI pour la communautd rurale. 190.077(2) Un conseil de la communautd rurale nomme un greffier de la communautd rurale, un trdsorier et un v6- rificateur. 190.077(3) Un conseil de la communautd rurale peut nommer un greffier- adjoint, un trdsorier - adjoint, un ing6- nieur, un inspecteur des constructions, un avocat et tous autres fonctionnaires ndcessaires a la bonne administration de la communautd rurale. 190.077(4) A person maybe appointed to more than one 190.077(4) Une personne peut etre nornmde a plusicurs office. postes. 172 105 Municipalities Act 190.077(5) No person who has been elected to a rural community council is eligible for appointment as an offi- cer of or employment with the rural community during his or her term of office, unless the person (a) resigns his or her position on the rural community council before applying for the appointment or employ- ment, and (h) was not involved in any discussions or decisions of the rural community council relating to the creation of, qualifications for or remuneration related to the ap- pointment or employment. Chap. M -22 190-077(5) Nulle personae Blue d un conseil de la Com- munaute rurale ne peut titre nommde fonctionnaire ou em- ployee de la Communaute rurale pendant la durde de son mandat, a moires que la personne a) nc d6missionne de son poste au Conseil de la Com- munaute rurale avant de presenter une demande de no- mination ou une demande d'emploi, et b) n'ait pas pris part aux discussions ou decisions du Conseil de la Communaute rurale relatives a Ia creation du paste de fonctionnaire ou d'employe, aux compe- tences exigees ou a la remuneration afferente a un tel poste. 190.077(6) Subsection (5) does not apply when the em- 190.077(6) Le paragraphe (5) ne s'applique pas lorsque ployment is rendered voluntarily. le travail est accompli bdnevolement. 190-077(7) With the exception of auditors, all officers employed solely by the rural community on a full time basis and appointed under this section, are entitled, subject to subsections (5) and (8), to hold office until retirement, death, resignation, or dismissal for cause by the affirma- tive vote of at least two- thirds of the members of the rural community council who are not disqualified from voting on the resolution. 190.077(8) Subsection (7) does not apply to a person in respect of whom a resolution has been made under sub- paragraph 19(9.1)(b)(i), (ii) or (iii). 190.077(9) If a rural community council is authorized to appoint any officer it may appoint an acting officer if the officer is absent due to illness or any other reason or the office is vacant. 2005, c.7, s.49. 190.078(1) The chief administrative officer of a rural community has the duties and powers that the rural com- munity council prescribes by by -law or resolution. 190.078(2) A rural community clerk, assistant clerk, treasurer, assistant treasurer and auditor shall perform the duties, exercise the powers and meet the qualifications provided for in a regulation under subsection 190.09(1). 190.077(7) A Pexclusion des vdrificateurs, tous les fonctionnaires employes exclusivement et a plein temps par la Communaute rurale et nommes en vertu du present article ont le droit, sous reserve des paragraphes (5) et (8), d'exercer leurs fonctions jusqu'a leur retraite, leur dec6s, leur demission ou leur renvoi pour motif valable, decide a la majorite des deux tiers au moins des voix des membres du conseil de la Communaute rurale qui ne sont pas prives du droit de voter sur une resolution. 190.077(8) Le paragraphe (7) ne s'applique pas a une personne visee par une resolution prise en vertu du sous - alinda 19(9.1)b)(i), (ii) ou (iii). 190.077(9) Tout conseil de la communautd rurale auto - rise a nommer un fonctionnaire peut aussi lui nommer un suppldant si le fonctionnaire est absent en raison de mala- die ou pour toute autre raison ou parce que le poste est vacant. 2005, c.7, art.49. 190.078(l) Le directeur general d'une Communaute ru- rale assume les obligations et exerce les attributions que fixe le conseil de la communautd rurale par arrete ou re- solution. 190.078(2) Un greffier de la Communaute rurale, un greffier- adjoint, un trdsorier, un tresorier- adjoint et un ve- rificateur doivent exercer les fonctions et attributions et repondre aux exigences de la maniere prevue aux regle- ments etablis en application du paragraphe 190.09(1). 190.078(3) The rural community mayor, or such other 190.078(3) Le maire de la communautd rurale ou toute person as the rural community council appoints, shall sign autre personne nommde par le conseil de la Communaute 173 106 Ch. M-22 Loi sur les municipulitis jointly with the treasurer all cheques issued by the rural rurale, signe conjointement aver le trdsorier tous les che- community. ques dmis par Ia communaut6 rurale. 190.078(4) The rural community council may provide by resolution that any signature required by subsec- tion (3) be reproduced. 190.078(5) The treasurer of a rural community is not li- able for any money paid by him or her in accordance with a by -law or resolution of the rural community council un- less another disposition of it is expressly provided for by statute. 190.078(6) No person shall be appointed or hold the of- fice of solicitor of a rural community unless the person is a member of the Law Society of New Brunswick. 190.078(7) Notwithstanding that the remuneration of a solicitor for or counsel to a rural community is paid wholly or partly by salary, the rural community is entitled to tax and collect Iawful costs in all actions and proceedings to which it is a party. 190.078(8) No person shall be appointed or hold the of- fice of engineer of a rural community unless the person is a registered professional engineer. 2005, c.7, s.49. 190.079(1) A rural community may enact a by -law au- thorizing it to provide any of the services prescribed by regulation. 190.079(2) A rural community shall enact a by -law to regulate the procedures of meetings of the rural commun- ity council, and such a by -law shall include those matters prescribed by regulation. 190.079(3) Subject to subsection (4), except where it would be inconsistent with a provision in sections 190.071 to 190.09 or a provision in a regulation under those sections, a rural community may enact any by -law that a municipality may enact under this Act or a regulation under this Act. 190.079(4) A rural community may enact a by -law un- der section 28, 29 or 31 that modifies any matter provided for in a regulation pursuant to paragraph 190.073(1)(1), (m) or (n), and those sections apply with the necessary modifications to a rural community. 174 190.078(4) Le conseil de la communautd rurale peut disposer par voie de rdsolution que toute signature requise par le paragraphe (3) soit reproduite. 190.078(5) Le trdsorier dune communautd rurale n'est pas responsable de toute somme qu'il verse conformement A un arret6 ou a une rdsolution du conseil de la commu- nautd rurale a moins qu'un autre emploi de cette somme ne soit expressdment prdvu par la loi. 190.078(6) Nul ne peut We nommd avocat d'une com- munautd rurale, ou en exercer la fonction, s'iI n'est mem- bre du Barreau du Nouveau - Brunswick. 190.078(7) Nonobstant le fait que la remuneration d'un avocat ou conseil pour la communaut6 rurale est payee, en tout on en partie, sous la forme d'un traitement, la com- munautd rurale a Ie droit de taxer et de recouvrer les frais de justice dans touter les actions et procedures auxquelles elle est partie. 190.078(8) Nul ne peut titre nomm6 ingdnieur d'une communautd rurale, on en exercer les fonctions, s'il nest ing6nieur professionnel immatricule. 2005, c.7, art.49. 190.079(1) Une communautd rurale peut adopter un ar- retd permettant la prestation d'un service prescrit par r6- glement. 190.079(2) Une communautd rurale doit adopter un ar- retd pour fixer la procedure des r6unions du conseil de la communautd rurale et un tel arret6 doit comprendre les sujets prescrits par reglement. 190.079(3) Sous rdserve du paragraphe (4), sauf si un arr6t6 est incompatible avec une disposition des articles 190.071 A 190.09 on une disposition dans un reglement dtabli en vertu de ces articles, une communautd rurale peut adopter tout arret6 qu'une municipalite peut adopter en vertu de la prdsente loi ou des reglements dtablis en vertu de celle -ci. 190.079(4) Une communautd rurale pent adopter un ar- r6td en vertu de Particle 28, 29 on 31 qui modifie un sujet prdvu dans un reglement en application de 1'ali- n6a 190.073 (1)1), m) ou n), et ces articles s'appliquent avec les adaptations n6cessaires a une communaut6 rurale. 107 Municipalities Act 190.079(5) Subject to subsection (6), any provision in this Act or a regulation under this Act respecting the en- actment or enforcement of a by -law, the prosecution or penalty for the contravention of a by -law or any other mat- ter relating to a by -law applies with the necessary modifi- cations to a rural community. 190.079(6) If there is a conflict between a provision re- ferred to in subsection (5) and a provision in sections 190.071 to 190.09 or a regulation under those sections, the provision in sections 190.071 to 190.09 or the regulation under those sections prevails. 2005, c.7, s.49. 190.08(1) If a rural community carries out a power un- der this Act or provides a service, the rural community (a) shall administer the power or service, (b) shall pay the costs of the power or service, and (c) subject to the Motor Vehicle Act, may make by- laws with respect to the power or service. 190.08(2) Without restricting the generality of any pow- ers given under this Act, a rural community in providing a service may (a) acquire land or an interest in land that is adjacent to the rural community and use the land to provide the service, (b) enter into an agreement with one or more munic- ipalities, rural communities or with any person, includ- ing the Crown, whereby the cost and use of a service may be shared by the parties to the agreement, (c) enter into an agreement with one or more munic- ipalities, rural communities or with any person, includ- ing the Crown, to provide for the joint acquisition, own- ership, development, extension, management or operation of services that may be provided by a rural community under this Act, and (d) enter into an agreement with one or more munic- ipalities, rural communities or with the owner of a sew- erage or water works providing Chap. M-22 190.079(5) Sous rdserve du paragraphe (6), toute dis- position de la prdsente loi ou d'un reglement dtabli en vertu de celle -ci concernant 1'adoption ou Pex6cution d'un ar- retd, une poursuite ou une peine en raison d'une infraction A un arret6 ou toute autre question relative a un arretd s'ap- plique avec les adaptations necessaires A une communaut6 rurale. 190.079(6) S'il y a un conflit entre une disposition vis6e au paragraphe (5) et une disposition des articles 190.071 A 190.09 ou d'un reglement dtabli en vertu de ces articles, la disposition des articles 190.071 a 190.09 ou du regle- ment dtabli en vertu de ceux -ci Pemporte. 2005, c.7, art.49. 190.08(1) Si elle assume un pouvoir que lui confere la prdsente loi ou fournit un service, une communautd rurale a) doit veiller a Papplication de ces pouvoirs et ser- vices, b) doit en acquitter le coot, et c) peut, sous reserve des dispositions de la Loi sur les vehicules a moteur, prendre des arret6s y relatifs. 190.08(2) Sans restreindre la portee g6nerale des pou- voirs confdr6s par la presente loi, une communaite rurale peut, pour fournir un service 175 108 a) acqu6rir des terrains ou un droit sur des terrains adjacents a la communautd rurale et se servir de ces ter- rains pour fournir le service, b) conclure avec une ou plusieurs municipalites, communautes rurales ou avec toute personne y compris la Couronne, une convention de r6partition des frais et de Putilisation des services entre les parties A la con- vention, c) conclure avec une ou plusieurs municipalites, comr- munautds rurales ou avec toute personne, y compris la Couronne, une convention mettant en common Pacqui- sition, la propridtd ,l'am6nagement,l'extension, la ges- tion ou I'exploitation des services que peuvent fournir les communaut6s rurales en application de la prdsente loi, et d) conclure avec une ou plusieurs municipalites, communautes rurales ou avec le proprietaire d'une en- treprise d'6vacuation des eaux usees ou de distribution d'eau une convention relative Ch. M -22 Loi sur les municipalites (i) for the disposal or treatment of sewage, and (i) a I'6vacuation ou au traitement des eaux usees, et (ii) for the payment of compensation for the use of the sewerage or water works. 190.08(3) Subject to any other law regulating the distri- bution of natural gas in the Province, a rural community may enter into an agreement with a distributor of natural gas respecting the use of the property of the rural com- munity and any other matter associated with the construc- tion or operation of a natural gas distribution system. 190.08(4) A rural community may participate in an air- port commission and may enter into an agreement for that purpose. 190.08(5) Subject to subsection (6), for the purpose of carrying out any of its powers or providing any of its serv- ices, a rural community may expropriate within the mean- ing of and in accordance with the Expropriation Act, whether the subject matter of the expropriation is within or without the boundaries of the rural community. 190.08(6) A rural community shall not expropriate where the subject matter of the expropriation is within the boundaries of another rural community or a municipality, and any such purported expropriation is invalid. 2005, c.7, s.49. 190.081(1) The fiscal year of a rural community is the calendar year. 190.081(2) Each year on or before a date to be fixed by regulation, a rural community shall adopt by resolution and submit to the Minister for approval in the prescribed form (a) an estimate of the money required for the opera- tion of the rural community, (b) the amount of that estimate to be raised on the rural community tax base, (c) subject to subsection (2. 1), the rate at which the amount referred to in paragraph (b) is to be raised, and 176 (ii) au paiement d'une indemnitd compensatoire de 1'utilisation des services de 1'entreprise d'6vacuation des eaux usees ou de distribution d'eau. 190.08(3) Sous rdserve de toute autre loi r6glementant la distribution du gaz naturel dans la province, une com- munautd rurale peut conclure une convention aver un dis- tributeur de gaz naturel relativement a 1' utilisation de biens de la communautd rurale et a toute autre question h6e a la construction ou a 1'exploitation d'un systeme de distribu- tion de gaz naturel. 190.08(4) Une communautd rurale peut participer a une commission d'a6roport et peut conclure une entente A cette fm. 190.08(5) Sous rdserve du paragraphe (6), une commu- naut6 rurale peut, afm d'exercer Fun quelconque de ses pouvoirs ou de fournir Pun quelconque des services qu'elle peut dispenser, procdder a une expropriation aux termes et en confonmit6 avec la Loi sur 1'expropriation, que 1'objet de Pexpropriation soit ou non situe dans les limites de la communautd rurale. 190.08(6) Une communaute rurale ne peut procdder a une expropriation lorsque 1'objet de 1'expropriation est si- tue dans Ies limites d'une autre communaute rurale ou au- tre municipality; est nulle toute expropriation faite dans ces circonstances. 2005, c.7, art.49. 190.081(1) L'exercice financier d'une communaute ru- rale est 1'annde civile. 190.081(2) Une communautd rurale doit, chaque annee, an plus tard au j our fix6 par reglement, adopter par voie de resolution et soumettre a 1'approbation du Ministre dans les formes prescries a) le budget des cr6dits de fonetionnement de la com- munautd rurale, b) la part de ce budget it r6unir sur 1'assiette fiscale de la communaute rurale, c) sous reserve du paragraphe (2.1), le taux auquel Ia part visee a 1'alin6a b) devra titre rdunie, et 109 Municipalities Act (d) the imposition of the tax under paragraph 5(2)(a.1) of the Real Property Tax Act. 190.081(2.1) For the year 2010, the rate to be used in paragraph (2)(c) shall be the rate determined under sub- section 5.01(2) of the Real Property Tax Act or adopted under paragraph 5.01(3)(d) of that Act, as the case may be. 190.081(3) A rural community shall provide, in the pre- scribed form referred to in subsection (2), the sources and the estimates from those sources by which the difference in amount between the estimate under paragraph (2)(a) and the estimate under paragraph (2)(b) is to be raised. 190.081(4) When computing the rural community tax base for the purposes of paragraph (2)(b), the assessed value of real property in a rural community owned by the Crown in right of Canada shall be the amount determined by the Minister in accordance with subsection (5). 190.081(5) The assessed value of real property in a rural community owned by the Crown in right of Canada shall be determined by the Minister by making (a) adjustments to the assessed value of the real prop- erty to reflect the previous year's property value deter- mined under the Payments in Lieu of Taxes Act (Can- ada), and (b) such other adjustments as may be required to be made in respect of real property reclassifications and alterations and other modifications to real property so as to reflect the anticipated property value determined under the Payments in Lieu of Taxes Act (Canada). 190.081(6) If the estimate under paragraph (2)(a) is not approved by the Minister, the rural community shall adopt the following revisions by resolution and submit the revi- sions to the Minister for approval: (a) a revision of the estimate under para- graph (2)(a); (b) a revision of the amount under paragraph (2)(b); and (c) a revision of the rate under paragraph (2)(c). 190.081(7) Upon the approval of the Minister, the rate adopted under this section is the rate fixed for the purposes of the Real Property Tax Act. 177 Chap. M -22 d) la levee de l'imp6t en application de 1'ali- nda 5(2)a.1) de la Loi sur l'impotfoncier. 190.081(2.1) Pour Fannee 2010, le taux a utiliser i l'ali- nda (2)c) est le taux calculd en vertu du paragraphe 5.01(2) de la Loi sur l 'impot fancier ou adopte en vertu de 1'alin6a 5.01(3)d) de cette loi, selon le cas. 190.081(3) Une communaute rurale doit foumir, dans les formes prescrites visees au paragraphe (2), les sources et les budgets tires de ces sources par lesquels la difference entre le budget prevu i Palinea (2)a) ct Ie budget prdvu a Palinda (2)b) doit titre rdunie. 190.081(4) Lors du calcul de 1'assiette fiscale de la com- munautd rurale aux fins de 1'alinea (2)b), le montant de 1'evaluation des biens reels appartenant a la Couronne du chef du Canada situes daps la communautd rurale est de- termine par le Ministre conformement au paragraphe (5). 190.081(5) Le montant de lWaluation des biens reels appartenant i la Couronne du chef du Canada situes dans la communautd rurale est determine par le Ministre en fai- sant a) les rectifications a I'dvaIuation des biens reels afin de refleter la valeur effective de Pannde prdeddente dd- terminee en vertu de la Loi sur les subventions aux mu- nicipalites (Canada), et b) toutes les autres rectifications qui peuvent titre re- quises relativement a la reclassification des biens reels, aux changements et autres modifications apportds aux biens reels de fagon a refleter la valeur effective deter - minee en vertu de la Loi sur des subventions aux muni- cipalites (Canada) qui est prdvue. 190.081(6) Si le budget vise a I'alinea (2)a) ne regoit pas 1'approbation du Ministre, la communautd rurale dolt adopter par voie de resolution les revisions suivantes et soumettre ces revisions a 1'approbation du Ministre a) une revision du budget visa a Palinea (2)a), b) une revision de la part visde it I'alinda (2)b), et c) une revision du taux vise i Falinea (2)c). 190.081(7) Sur l'approbation du Ministre, le taux adop- td en vertu du present article est le taux fixd aux fins de la Loi sur 1'imp6tfoncier 110 Ch. M -22 Loi sur les municipalites 190.081(8) Failure to pass a resolution under this section does not invalidate the rate fixed under subsection (7). 190.081(9) If the services provided by a rural commun- ity vary in different areas of the rural community to a de- gree that, in the opinion of the rural community council, warrants an adjustment of the rate fixed in paragraph (2)(c), the rural community may fix different rates for dif- ferent areas, or portions of an area, accordingly. 190.081(10) If an unincorporated area is annexed to a rural community, the rural community, with the approval of the Lieutenant - Governor in Council and subject to the terms and conditions set by the Lieutenant - Governor in Council, may for a period not exceeding five years fix a rate that is different than the rate fixed in para- graph (2)(c) or subsection (9) for real property that (a) was located in the unincorporated area immedi- ately before the annexation, and (b) is not subject to a credit under section 2 or 2.1 of the Residential Property Tax Relief Act. 190.081(11) If a rural community fixes a rate under sub- section (9) or (10), the rural community shall adjust the rate fixed in paragraph (2)(c) so that the amount of the estimate under paragraph (2)(b) remains the same. 2005, c.7, s.49; 2008, c.31, s.13; 2009, c.15, s.7; 2010, c.35, s.6. 190.082(1) The Minister shall raise the money required for the Minister to provide services in a rural community by taxation within the rural community in accordance with the Real Property Tax Act. 190.082(2) Where services provided in different areas of a rural community by the Minister vary to a degree that, in the opinion of the Minister, warrants an adjustment of the rates fixed under paragraph 190.082(5)(d), the Minis- ter may fix different rates for different areas, or portions of an area, accordingly. 190.082(3) Notwithstanding subsection (1), the Minis- ter may, with respect to the service of garbage and refuse collection and disposal, raise money for the provision of the service, in whole or in part, on a user - charge basis in accordance with section 193.2. 178 190.081(8) Le defaut d'adopter une resolution en vertu du present article n'entraine pas la nullit6 du taux fixe en vertu du paragraphe (7). 190.081(9) Si les services fournis par une communaute rurale varient d'un secteur a 1'autre dans la communaute rurale au point de justifier, de l'avis du Conseil de la com- munaute rurale, une rectification du taux vise a 1'ali- n6a (2)c), la communaute rurale peut 6tablir des taux dif fdrents selon les secteurs ou parties de secteur. 190.081(10) Si un secteur non constitu6 en municipalitd est annexd a une communaute rurale, la communaut6 ru- rale, aver 1'approbation du lieutenant - gouverneur en Con- seil et sous reserve des modalitds et conditions fixees par le lieutenant - gouverneur en Conseil, peut, pour une periode ne ddpassant pas cinq an.s, fixer un taux qui differe de celui fixe a 1'alin6a (2)c) ou au paragraphe (9) pour des biens rdels qui a) se trouvaient i Fintdrieur du secteur non constitud en municipalitd immediaternent avant Pannexion, et b) ne font pas l'objet d'un credit en vertu de l' article 2 ou 2.1 de la Loi sur le degrevement d'impdt applicable aux residences. 190.081(11) Lorsqu'une communaute rurale fixe un taux en vertu du paragraphe (9) ou (10), la communaute rurale doit rectifier le taux fixe en application de 1'ali- n6a (2)c) de fagon a ce que la part du budget A reunir en application de I'alinea (2)b) demeure Ia rn6me. 2005, c.7, art.49; 2008, c.31, art.13; 2009, c.15, art.7; 2010, c.35, art.6. 190.082(1) Le Ministre doit reunir les fonds necessaires pour fournir des services dans une communaute rurale par vole d'imposition dans cette communaute rurale en con - formite avec la Loi sur l'impot foncier. 190.082(2) Lorsqu'il estirne que les services fournis dans divers secteurs d'une communaute rurale varient au point de justifier une rectification des taux fixes en vertu de 1'alinda 190.082(5)d), le Ministre peut dtablir des taux differents selon les secteurs ou parties de secteurs. 190.082(3) Nonobstant le paragraphe (1), le Ministre peut, relativement au service de collecte et d'evacuation des ordures, rdunir les fonds necessaires a la fourniture du service, en tout ou en partie, au moyen d'une redevance d'usage conformdment a Particle 193.2. 111 Municipalities Act 190.082(4) Where the cost of providing the service of garbage and refuse collection and disposal in different areas of a rural community vary to a degree that in the opinion of the Minister, warrants an adjustment of the user - charges fixed under section 193.2, the Minister may fix different rates for users of the service in different areas or portions of an area, accordingly. 190.082(5) Each year the Minister shall (a) prepare an estimate of the money required for the Minister to provide services for a rural community, (b) determine the amount of that estimate to be raised on the rural community tax base, (c) determine the amount of that estimate to be raised on a user - charge basis, if any, and (d) subject to subsection (6), fix the rate at which the amount referred to in paragraph (b) is to be raised. 190.082(6) For the year 2010, the rate to be used in paragraph (5)(d) shall be the rate determined under sub- section 5.01(2) of the Real Property Tax Act or fixed under paragraph 5.01(3)(e) of that Act, as the case may be. 2005, c.7, s.49; 2010, a2, s.25; 2010, c.35, s.6. 190.083(1) If a payment made by the Province to a rural community in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year is less than the amount actually received by the Province, (a) the rural community council shall, on notice by the Minister, cause the difference to be credited to the current fund for the second next ensuing year, and (b) the Minister of Finance shall for the second next ensuing year include the amount that represents such difference in the payment made under section 6.02 of the Municipal Assistance Act. 190.083(2) If a payment made by the Province to a rural community in respect of a grant under the Payments in Lieu of Taxes Act (Canada) for a fiscal year exceeds the amount actually received by the Province, 179 Chap. M -22 190.082(4) Lorsqu'il estime que le cofit de la fournitum du service de collecte et d'6vacuation des ordures dans divers secteurs d'une communautd rurale varie au point de justifier une rectification des redevances d'usage fixees en vertu de Particle 193.2, le Ministre peut dtablir des taux diffdrents pour les usagers du service selon les secteurs ou parties de secteurs. 190.082(5) Chaque annde le Ministre doit a) pr6parer un budget des crddits pour les services fournis par le Ministre a une communaut6 rurale, b) determiner la part du budget a r6unir sur Fassiette fiscale de la communaute rurale, c) determiner la part du budget a reunir au moyen d'une redevance d'usage, le cas echdant, et d) sous reserve du paragraphe (6), 6tablir le taux au- quel la part visde i l'alinea b) devra titre reunie. 190.082(6) Pour Fannde 2010, le taux i utiliser i 1'ali- n6a (5)d) est le taux calcule en vertu du paragraphe 5.01(2) de la Loi sur l'impot foncier ou fixe en vertu de 1'alin6a 5.01(3)e) de cette loi, selon le cas. 2005, c.7, art.49; 2010, a2, art.25; 2010, c.35, art.6. 190.083(1) Si un paiement fait par la province i une communautd rurale relativement i une subvention en vertu de la Loi sur les paiements verses en remplacement d'im- pots (Canada) pour un exercice financier est moindre que le montant effectivement recu par la province, a) le conseil de la communaute rurale doit, sur 1'avis donnd par le Ministre, faire en sorte que la difference soft cr6dit6e au compte courant de la deuxieme annee qui suit immddiatement, et b) le ministre des Finances doit, pour la deuxieme ann6e qui suit imm6diatement, include le montant qui reprdsente la difference au versement fait en vertu de Particle 6.02 de la Loi sur Paide aux municipalites. 190.083(2) Si un paiement fait par la province i une communautd rurale relativement a une subvention en vertu de la Loi sur les paiements verses en remplacement d'im- pots (Canada) pour un exercice financier d6passe le mon- tant effectivement requ par la province, 112 Ch. M -22 Loa sur les municipalites (a) the rural community council shall, on notice by the Minister, cause the difference to be debited against the current fund for the second next ensuing year, and (b) the Minister of Finance shall for the second next ensuing year deduct the amount that represents such difference from the payment made under section 6.02 of the Municipal Assistance Act. 2005, c.7, s.49. 190.084(1) Subject to this section and the Municipal Capital Borrowing Act, a rural community may borrow money for rural community purposes. 190-084(2) A rural community shall not, in any one year, borrow for its current operations any money in excess of the sum represented by four per cent of the budget of the rural community for that year or five thousand dollars, whichever is greater. 190.084(3) Subject to subsection (4), arural community shall not, in any one year, borrow for capital expenditures any money in excess of the sum represented by two per cent of the assessed value of real property in the rural community. 190.084(4) Subject to subsection (5), if sixty per cent of those voting at a plebiscite held for authority to borrow in excess of the sum mentioned in subsection (3) vote in the affirmative, a rural community may borrow the sum au- thorized by the plebiscite. 190.084(5) Subject to subsection (6), a rural community may not borrow any money for capital expenditures (a) if the amount to be borrowed would exceed six per cent of the assessed value of real property in the rural community, or (6) subject to the terms and conditions prescribed by regulation, if the annual charges to repay the total amount of money borrowed would exceed the percent- age prescribed by regulation of the budget of the rural community. 190.084(6) The money borrowed under subsections (3) and (5) is deemed to be the net amount of money bor- rowed. 180 a) le conseil de la communaut6 rurale doit, sur Pavis donne par le Ministre, faire en sorte que la difference soit d6bitee du compte courant de la deuxi6me annde qui suit immediatement, et b) le ministre des Finances doit, pour la deuxi6me ann6e qui suit immediatement, deduire le montant qui represente la diffdrence du versement fait en vertu de Particle 6.02 de la Loi sur Vaide aux municipalites. 2005, c.7, art.49. 190.084(1) Sous reserve des dispositions particuli6res du present article et de la Loi sur les emprunts de capitaux par des municipalites, une communaut6 rurale peut em- prunter aux fns de la communaut6 rurale. 190-084(2) Une communaut6 ruraIe ne peut emprunter pour ses affaires courantes, au tours d'une annde quel- conque, une Somme superieure a quatre pour cent de son budget de Pannde ou cinq mille dollars, la somme la plus dlev6e 6tant a retenir. 190.084(3) Sous reserve du paragraphe (4), une com- munaut6 rurale ne peut emprunter pour ses depenses d'dta- blissement, au tours d'une ann6e quelconque, une somme sup6rieure a deux pour cent de la valeur devaluation des biens r6els dans la communaut6 rurale. 190.084(4) Sous reserve du paragraphe (5), Iorsque soixante pour cent des votants a un plebiscite organis6 pour obtenir Pautorisation d'emprunter une somme d6passant celle qui est mentionnee au paragraphe (3) votent affir- mativement, la communautd rurale a le droit d'emprunter la somme qu'autorise le plebiscite. 190.084(5) Sous reserve du paragraphe (6), nulle com- munaut6 rurale ne peut emprunter pour ses d6penses en immobilisation a) si la somme a emprunter exc&de celle representee par six pour cent de la valeur d'6valuation des biens r6els dans cette communaut6 rurale, ou b) sous reserve des conditions prescries par r6gle- ment, si les frais annuels de remboursement du montant total de la somme empruntee d6passent le pourcentage prescrit par r6glement, du budget de la communautd ru- rale. 190.084(6) Les sommes empruntees en application des paragraphes (3) et (5) sont considdrees comme dtant le montant net des fonds empruntes. 113 Municipalities Act 190.084(7) For the purposes of this section, any money borrowed by a rural community under section 111 or for the construction or renovation of an electric power, water or sanitary sewerage system is not considered as money borrowed. 190.084(8) A rural community council having an aud- ited general fund surplus at the end of a fiscal year shall cause such surplus to be credited to the current fund for the second next ensuing year. 190.084(9) A rural community council having an aud- ited general fund deficit at the end of a fiscal year shall cause such deficit to be debited against the current fund for the second next ensuing year. 2005, c.7, s.49. 190.085 A rural community may, in accordance with the regulations, establish, manage and contribute to (a) an operating reserve fund, and (b) a capital reserve fund. 2005, c.7, s.49. 190.086(1) Notwithstanding any other provision of this Act or the Municipal Capital Borrowing Act, when two or more rural communities are amalgamated under sec- tion 190.072, any outstanding authority of a former rural community to borrow money, granted and approved under the Municipal Capital Borrowing Act, may, with the writ- ten authorization of the Minister, continue in the name of the new rural community. 190.086(2) Ifthe inhabitants of an area that includes two or more rural communities are incorporated or amalga- mated under section 190.072 or a rural community is in- corporated as a municipality, all the assets and liabilities of the former rural community or rural communities and its or their local commissions are assets and liabilities of the new rural community or municipality, and the new ru- ral community or municipality for all purposes stands in the place and stead of the former rural community or rural communities. 190.086(3) If the territorial limits of a rural community are decreased, the assets and liabilities of the former rural community and its local commissions shall be adjusted in 181 Chap. M -22 190.084(7) Pour 1'application du present article, les sommes empruntees par une communaute rurale en vertu de Particle 111 ou en vue de construire ou de remettre a neuf un reseau d'energie electrique, de distribution d'eau ou d'egouts pour eaux usees ne sont pas considerees comme des emprunts. 190.084(8) Un conseil de la communaute rurale qui en- registre en fm d'exercice financier, apres verification, un surplus au fonds general, doit le crediter au compte courant de la deuxieme annee qui suit immediatement. 190.084(9) Un conseil de la communauee rurale qui ac- cuse en fm d'exercice financier, apres verification, un de- ficit au fonds general, doit le debiter au compte courant de la deuxie'me annee qui suit immediatement. 2005, a7, art.49. 190.085 Une communaute rurale peut, conformement aux reglements, etablir, gerer et contribuer a a) un fonds de reserve de fonctionnement, et b) un fonds de reserve d'immobilisation. 2005, c.7, art.49. 190.086(1) Nonobstant toute autre disposition de la pre - sente loi ou de la Lai sur les emprunts de capitaux par les municipalites, lorsque deux ou plusieurs communautes ru- rales ont ete fusionnees en vertu de Particle 190.072, tout pouvoir qui subsiste d'une ancienne communaute rurale pour emprunter des capitaux qui a ete anterieurement ac- corde et approuve en vertu de la Loi sur les emprunts de capitaux par des municipalites peut, avec 1'autorisation ecrite du Ministre, titre maintenu au nom de la nouvelle communaute rurale. 190.086(2) Si les habitants d'une region comprenant deux ou plusieurs communautes rumles se sont constituees en communaute rurale ou ont fusionne par application de Particle 190.072 ou qu'une communauee rurale est cons- titute en une municipalite, tout Pactif et le passif de la on des anciennes communautes rurales et de sa ou de leers commissions locales devient 1'actif et le passif de 1a nou- velle communaute rurale ou municipalite et celle -ci, e toutes funs utiles, se substitue a la ou aux anciennes com- munautes rurales. 190.086(3) Si les limites territoriales d'une communau- te rurale sont reduites, Pactif et le passif de Fancienne communaute rurale et de ses commissions locales doivent 114 Ch. M -22 Loi sur les municipalites accordance with an agreement between the rural commun- ity and the Minister. 190.086(4) Subsections (1) and (2) apply with the nec- essary modifications to the amalgamation under sec- tion 190.072 of one or more rural communities with one or more villages. 2005, c.7, s.49. 190.087(1) A rural community shall not be liable in an action in nuisance, where the damage is the result of (a) water overflowing from a sewer, drain, ditch or watercourse due to excessive snow, ice, mud or rain, or (b) the construction, operation or maintenance of a system or facility for the collection, conveyance, treat- ment or disposal of wastewater, storm water or both. 190.087(2) Subsection (1) does not apply to a cause of action that arose before the coming into force of this sec- tion. 2005, c.7, s.49. 190.088(1) Except as provided under this section or a regulation made under section 190.072, the Municipal Elections Act applies to first elections of rural community councils, and first elections of rural community councils shall be conducted under the Municipal Elections Act. 190.088(2) If a first election under paragraph 190.073(1)(d) is held at the same time as a quadrennial election, the Municipal Electoral Officer may, after De- cember 31 in the year before the year in which the election is to be held, change the polling divisions determined un- der subsection 10(1) of the Municipal Elections Act and revise the list of polling divisions prepared under subsec- tion 10(2) of the Municipal Elections Act so as to provide for such revised polling divisions as are necessary for the conduct of the first election under paragraph 190.073(1)(d). 190.088(3) If a first election is held under para- graph 190.073(1)(d), a person is not qualified to be a can- didate for the office of rural community mayor or coun- cillor unless the person has been resident within the 182 titre rdgularisds conformement a un accord passe entre la communaute rurale et le Ministre. 190.086(4) Les paragraphes (1) et (2) s'appliquent avec les adaptations ndcessaires a une fusion, en vertu de Par- ticle 190.072, d'une ou plusieurs communautds rurales avec un ou plusieurs villages. 2005, c.7, art.49. 190.087(1) Une communautd rurale ne peut titre tenue responsable d'une action en nuisance, lorsque les dom- mages rdsultent a) d'un debordement d'eau qui provient d'un egout, d'une canalisation, d'un fossil ou d'un tours d'eau en raison d'une accumulation excessive de neige, de glace, de boue ou de pluie, ou b) de la construction, de Putilisation ou de 1'entretien d'un reseau ou d'une installation de collecte, de trans- port, de traitement ou d'elimination des eaux usees ou pluviales, ou des deux. 190.087(2) Le paragraphe (1) ne s' applique pas a une cause d'action qui survient avant I'entree en vigueur du present article. 2005, c.7, art.49. 190.088(1) Sauf pour cc qui est prdvu au present article ou en vertu d'un reglement dtabli en application de Parti- cle 190.072, la Loi sur les elections municipales s' applique aux premieres elections des conseils des communautds ru- rales, et ces dlections doivent titre tenues en vertu de la Loi sur les elections municipales. 190-088(2) Si des premieres dlections en vertu de 1'ali- nea 190.073(1)d) sont tenues en m6me temps que des elections quadriennales, le directeur des dlections muni- cipales peut, apres le trente et unieme jour de decembre de 1'annee qui precede celle au tours de laquelle les dlections doivent se tenir, changer les sections de vote determinees en vertu du paragraphe 10(1) de la Loi sur les elections municipales, et reviser la liste des sections de vote prdpa- ree en vertu du paragraphs 10(2) de la Loi sur les elections municipales, de fagon a tenir compte des sections de vote revisees qui sont necessaires a la tenue de premieres dlec- tions en vertu de 1'alinea 190.073(1)d). 190.088(3) Si des premieres dlections sont tenues en vertu de 1'alinda 190.073(1)d), une personne nest pas ad- mise a poser sa candidature au poste de maire de la com- munaute ou de conseiller a moins qu'elle n'ait reside pour 115 Municipalities Act boundaries of the rural community, as the boundaries of the rural community are described in the regulation under section 190.072, for at least six months immediately be- fore the election. 190.088(4) If a first election is held under para- graph 190.073(1)(d) in a rural community divided into wards, a person is not entitled to be a candidate for the office of rural community councillor for a ward unless the person is resident in the ward, as that ward is described in the regulation under paragraph 190.073(1)(n), at the time of the person's nomination. 190.088(5) If a first election is held under para- graph 190.073 (l)(d) in a rural community divided into wards, (a) the voters resident in a ward shall vote only for the candidates nominated for that ward unless otherwise provided for in a regulation under section 190.072, and (b) a separate ballot paper shall be prepared under the Municipal Elections Act for each ward and shall contain the names of the candidates seeking election as (i) rural community mayor, (ii) a rural community councillor for the ward, and (iii) a rural community councillor at large. 190.088(6) Paragraph (5)(a) does not apply to candi- dates for the office of rural community mayor or rural community councillor at large. 190.088(7) If a first election under paragraph 190.073(1)(d) is conducted at the same time as a quadren- nial election, the Municipal Electoral Officer shall give a Notice of Election in relation to the rural community as described under the regulation effecting the incorporation, amalgamation, annexation or decrement but shall not give a Notice of Election in relation to the rural community that exists prior to the effective date ofthe incorporation, amal- gamation, annexation or decrement of that rural commun- ity. 183 Chap. M -22 une pdriode d'au moins six mois precedant iammddiate- ment les elections, a 1'interieur des limites territoriales de la communaute rurale, telles qu'elles sont d6crites au re- glement etabli en vertu de Particle 190.072. 190.088(4) Si des premieres dlections sont tenues en vertu de 1' alinda 190.073(1)d) dans une communaute ru- rale divisee en quartiers, une personne ne peut se porter candidat au poste de conseiller de la communautd rurale pour un quartier a moins qu'elle ne rdside dans cc quartier, tel que cc quartier est decrit daps le reglement 6tabli en vertu de 1'alin6a 190.073(1)n), au moment de sa mise en candidature. 190.088(5) Si des premieres dlections sont tenues en vertu de I'alinea 190.073(1)d) dans une communautd ru- rale divisee en quartiers, a) les electeurs qui resident dans cc quartier ne doivent voter que pour les candidats mis en candidature pour cc quartier a moins qu'il n'y soit prdvu autrement dans un reglement etabli en vertu de Particle 190.072, et b) un bulletin de vote distinct doit titre prepare en vertu de la Loa sur les elections municipales pour cha- que quartier et doit contenir les noms des candidats qui briguent les fonctions (i) de maire d'une communautd rurale, (ii) de conseiller d'une communaute rurale pour le quartier, et (iii) de conseiller general d'une communautd ru- rale. 190.088(6) L'alin6a (5)a) ne s'applique pas aux candi- dats qui briguent les fonctions de maire d'une commu- naute rurale ou de conseiller general d'une communaute rurale. 190.088(7) Si des premieres elections en vertu de 1'ali- nea 190.073(1)d) sont tenues en meme temps que des elections quadriennales, le directeur des elections muni- cipales doit dormer un avis d'election relativement a la communaut6 rurale telle que ddcrite dans le reglement dormant effet a la constitution, a la fusion, a I'annexion, a Pannexion ou a la r6duction des limites territoriales de la communautd rurale; mais it ne doit pas donner un avis d'election relativement a la communaute rurale qui existe avant la date a laquelle la constitution, la fusion, Pan- 116 Ch. M -22 Loi sur les municipalites 190.088(8) Except where a first election is conducted at the same time as a quadrennial election and subject to sub- section (9), the preliminary voters list for a first election shall be the most recent voters list prepared for the previ- ous election. 190.088(9) The Municipal Electoral Officer may, if the Municipal Electoral Officer considers it advisable, prepare in accordance with the Municipal Elections Act a new vot- ers list for the first election of members of a rural com- munity council. 190.088(10) If there is a conflict between a provision of a regulation made under paragraph 190.073(1)(d) and a provision of this section, the provision in the regulation prevails. 2005, c.7, s.49. 190.089 A basic planning statement, rural plan, zoning regulation or other regulation designated under para- graph 190.073 (1)(o) shall remain in force in the rural com- munity or portion of the rural community until amended or repealed under the Community Planning Act. 2005, c.7, s.49. nexion ou la reduction des limites territoriales de cette communaute ruralc prend effet. 190.088(8) Sauf lorsque des premieres elections sont tenues en meme temps que des elections quadriennales et sous reserve du paragraphe (9), la liste electorale prelimi- naire pour des premieres elections doit titre la liste la plus rdcente preparde pour les elections precedentes. 190.088(9) Le directeur des eIections municipales peut, s'il estime utile, preparer conformdment a la Loi sur les elections municipales une nouvelle liste electorale en vue des premieres elections des membres d'un conseil de la communautd rurale. 190.088(10) S'il existe an conflit entre une disposition d'un reglement etabli en vertu de 1'alinea 190.073(1)d) et une disposition du present article, la disposition du regle- ment prdvaut. 2005, c.7, art.49. 190.089 Une declaration des perspectives d'urbanisme, un plan rural, un reglement de zonage ou autre reglement designe a 1'alin6a 190.073(1)x) doit demeurer en vigueur dans la communautd rurale ou dans une partie de celle -ci jusqu'a ce qu'il soit modifie ou abroge en vertu de la Loi sur 1'urbanisme. 2005, c.7, art.49. 190.09(1) On the recommendation of the Minister, the 190.09(1) Le lieutenant- gouverneur en conseil peut, sur Lieutenant - Governor in Council may make regulations recommandation du Ministre, dtablir des reglements (a) respecting the composition of a rural community council; (b) respecting the election of a rural community deputy mayor from among the rural community coun- cillors; (c) respecting the duties and powers of a rural com- munity mayor, rural community deputy mayor and rural community councillors; (d) respecting the duties, powers and qualifications of a rural community clerk, assistant clerk, treasurer, as- sistant treasurer or auditor under this Act or any other Act; (e) respecting the bonding of officers and employees of a rural community; 184 a) concernant la composition d'un conseil de la com- munautd rurale; b) concernant 1'e1ection d'un maire suppleant de la communautd rurale parmi les conseillers de la commu- naute rurale; c) concernant les fonctions et attributions d'un maire de la communautd rurale, d'un maire suppldant de la communaute rurale et des conseillers de la communautd rurale; d) concernant les fonctions, attributions et compe- tences d'un greffier de la communautd rurale, d'un greffier- adjoint, d'un trdsorier, d'un treaourer-adjoint ou d'un verificateur dtablies en vertu de la prdsente loi ou en vertu de toute autre loi; e) concernant le cautionnement des fonctionnaires et des employes d'une communautd rurale; 117 Municipalities Act 69 respecting the acceptance of office and the taking of and subscribing to an oath of office by a rural com- munity mayor or a rural community councillor; (g) respecting the circumstances under which a mem- ber of a rural community council may be required to prove that he or she is qualified to hold office; (h) respecting the circumstances under which a mem- ber of a rural community council may be declared in- capable of holding office; (i) respecting the disqualification of a member of a rural community council; (j) respecting the resignation of a member of a rural community council; (k) respecting vacancies on a rural community coun- cil, including the reduction of quorum requirements for or the composition of rural community council due to vacancies; (1) respecting the remuneration and payment of ex- penses of a rural community mayor and rural commun- ity councillors; (m) respecting the procedure for the holding of meet- ings of a rural community council; (n) respecting the frequency of meetings of a rural community council; (o) respecting the quorum for a meeting of a rural community council; (p) respecting the minutes of meetings and other documents of a rural community council; (q) respecting by- elections to a rural community council; (r) prescribing the services that a rural community may provide under the authority of a by -law enacted under subsection 190.079(1); (s) respecting the procedure for the provision or dis- continuance of a service listed in the First Schedule to a rural community where a rural community has not enacted a by -law under subsection 190.079(1) with re- spect to that service; Chap. M -22 f) concernant 1'entree en fonction du maire de la com- munautd rurale ou des conseillers de la communautd rurale et le serment qu'ils doivent preter et signer; g) concernant les circonstances en vertu desquelles it peut titre demands a un membre du Conseil de la com- munautd rurale de prouver qu'il possddait les qualitds requires pow remplir ses fonctions; h) concernant les circunstances en vertu desquelles un membre du conseil de la communaute rurale peut titre declard incapable de remplir ses fonctions; i) concernant la privation des droits et du statut d'un membre du conseil de la communautd rurale; j) concemant la demission d'un membre du conseil de la communaute rurale; k) concernant les postes vacants a un conseil de la communautd rurale, y compris la reduction des exi- gences du quorum ou de la composition du conseil de Ia communautd rurale en raison de vacance; l) concernant la remuneration et le paiement des dd- penses du maire de la communautd rurale et des con - seillers de la communautd rurale; m) concernant la procedure a suivre lors des rdunions d'un conseil de la communautd rurale; n) concernant la periodicite des rdunions d'un conseil de la communautd rurale; o) concernant le quorum des reunions d'un conseil de la communaute rurale; p) concernant les proces- verbaux des rdunions et au- tres documents d'un conseil de la communautd rurale; q) concernant les dlections partielles a un conseil de la communaute rurale; 185 118 r) prescrivant les services qu'une communautd rurale peut fournir en vertu de Fautoritd d'un arr8te adopte en vertu du paragraphe 190.079(1); s) concernant la procedure applicable a Ia prestation ou a la suppression de services enumeres a 1'Annexe I A une communaute rurale lorsque la communautd rurale n'a pas adopte d'arretd en vertu du paragra- phe 190.079(1) relativement a ce service; Ch. M -22 Loi sur des municipalites (t) respecting the procedure for a rural community council to provide advice to the Minister on the provi- sion or discontinuance of a service listed in the First Schedule to a rural community; (u) respecting the procedure for a rural community to discontinue providing a service where a by -law under subsection 190.079(1) is or has been in force in the rural community with respect to that service; (v) respecting conditions that shall be fulfilled before a rural community may discontinue providing a service where a by -law under subsection 190.079(1) is or has been in force in the rural community with respect to that service; (w) respecting the procedure for advising the Minister of the provision or discontinuance of a service to or by a rural community; (x) respecting procedures for the conduct of business by a rural community council, including voting proce- dures and the manner in which decisions may be made by a rural community council; (y) respecting the indemnification against liability for any costs, charges or expenses incurred in relation to a civil, criminal or administrative action by a member or former member of a rural community council, officer or former officer of a rural community, an employee or former employee of a rural community or a member or former member of a committee, board, commission or agency established by a rural community council as a result of being or having been a member of a rural com- munity council, an officer or employee of a rural com- munity or a member of a committee, board, commission or agency established by a rural community council. 190.09(2) A person who violates or fails to comply with a provision of a regulation under paragraph (1)(f) commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category B offence. 2005, c.7, s.49. 186 t) concernant la procedure applicable a un conseil d'une communautd rurale pour offrir conseil au Minis - tre sur la prestation ou la suppression de services dnu- merds a 1'Annexe 1 a une communautd rurale; u) concernant la procedure applicable a une commu- naute rurale pour supprimer la fourniture d'un service lorsqu' un arr6te en vertu du paragraphe 190.079(1) est en vigueur ou I'a 6te dans la communautd rurale relati- vement a ce service; v) concernant les conditions it remplir avant qu'unc communaute rurale puisse supprimer la foumiture d'un service lorsqu'un arrete en vertu du paragra- phe 190.079(1) est en vigueur ou 1'a std dans la com- munaute rurale relativement a cc service; w) concernant la procedure applicable pour aviser le Ministre de la prestation ou la suppression d'un service A une communautd rurale ou par celle -ci; x) concernant les procedures selon lesquelles un con- seil de la communaute rurale dirige ses affaires, y com- pris les procddures d'dlections et la manidre dont les decisions peuvent titre prises par un conseil de Ia com- munautd rurale; y) concernant I'indemnitd par un membre ou ancien membre d'un conseil de la communautd rurale, un fonc- tionnaire ou ancien forictionnaire d'une communautd rurale, un employs ou ancien employs d'une commu- nautd rurale ou un membre ou ancien membre d'un co- mity, d'une rdgie, d'une commission ou d'une agence cr6e par un conseil de la communautd rurale pour les frais et depenses engages dans le cadre d'une poursuite civile, pdnale ou administrative auxquels it pourrait titre tenus en raison du fait qu'il est ou dtait membre d'un conseil de la communautd rurale, un fonctionnaire d'une communaute rurale, un employ6 d'une commu- naute rurale ou un membre d'un comite, d'une r6gie, d'une commission ou d'unc agence cree par un conseil de la communautd rurale. 190.09(2) Quiconque contrevient ou omet de se confor- mer aux dispositions d'un reglement 6tabli en vertu de Falinda (1)f) commet une infraction punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de Ia classe B. 2005, c.7, art.49. 119 Municipalities Act 1976, c.40, s.8. 190.1(1) In this section "street" includes road, lane or alley or a bridge thereon. 190.1(2) The Minister or persons designated by him, may remove or demolish any building, structure, obstruc- tion or encroachment upon a street, without compensating the owner thereof or of any lands abutting the same. 190.1(3) If any resistance or opposition is made by any person to the removal or demolition authorized under sub- section (2), a judge of The Court of Queen's Bench ofNew Brunswick, after notice to show cause given in such man- ner as the judge prescribes, may issue a warrant to the sheriff for the judicial district within which the street is situated, directing the sheriff to put down the resistance or opposition and to put the Minister or the persons desig- nated by the Minister in possession, and the sheriff shall make a return of the warrant and of the manner in which it was executed to the clerk of The Court of Queen's Bench of New Brunswick for the judicial district. 1976, c.40, s.8; 1979, c.41, s.88; 1980, c.32, s.28; 1988, c.42, s.32. PROVINCIAL POWERS 191(1) Where a municipality or a rural community is empowered to make by -laws respecting a matter, the Lieutenant - Governor in Council may, upon the recom- mendation ofthe Minister, make regulations respecting the matter that are applicable to (a) the unincorporated areas of the Province, and (b) rural communities that have not enacted a by- law with respect to the matter. 191(2) Repealed: 1994, c.80, s.4. 191(3) Repealed: 1994, c.80, s.4. 1966, c,20, s.189; 1968, c.41, s.44; 1981, c.52, s.17; 1983, c.56, s.14; 1994, c.80, s.4; 2005, c.7, s.49. 191.1 Regulations made under section 191, with respect to garbage and refuse collection and disposal, may 187 Chap. M -22 ENLEVEMENT DES OBSTACLES 1976, c.40, art.8. 190.1(1) Dans le present article, « rue » s'entend d'un chemin, d'une ruelle ou d'une allee et des ponts qui s'y trouvent. 190.1(2) Le Ministre ou les personnes qu'il design peuvent enlever ou demolir tout batiment, ouvrage, obs- tacle ou chose empietant sur une rue, sans en indemniser le proprietaire ni ceux des terrains y attenant. 190.1(3) Si une personne s'oppose ou resiste aux ope- rations d'enl6vement ou de demolition autorisees en vertu du paragraphe (2), un juge de Ia Cour du Banc de la Reine du Nouveau - Brunswick peut, apr6s notification de la ma- niere qu'il prescrit 6 cette personne d'un avis 1'invitant it fournir des justifications, delivrer au sherif de la circons- cription judiciaire ou cette rue est situee un mandat lui or- donnant de faire cesser cette resistance ou opposition et de mettre en possession le Ministec ou les personnes que ce dernier a designees; le shdrif doit faire rapport de ce man- dat et de la maniere dont it 1'a ex6cute au greffier de la Cour du Banc de la Reine du Nouveau - Brunswick de la circonscription judiciaire. 1976, c.40, art.8; 1979, c.41, art.88; 1980, c.32, art.28; 1988, c.42, art.32. POUVOIRS PROVINCIAUX 191(1) Lorsqu'une municipaIity ou une communaute rurale est habilitee a prendre des arretes sur une matiere donne, le lieutenant- gouvemeur en conseiI peut, sur la recommandation du Ministre, etablir des reglements sur cette matiere qui sont applicables dans a) les secteurs non constitues en municipality de la province, et b) les communautes rurales qui n'ont pas adopt6 un arrdte sur cette matiere. 191(2) Abroge : 1994, c.80, art.4. 191(3) Abroge : 1994, c.80, art.4. 1966, c.20, art.189; 1968, c.41, art.44; 1981, c.52, art.17; 1983, c.56, art. 14; 1994, c.80, art.4; 2005, c.7, art.49. 191.1 Les reglements etablis en vertu de Particle 191, relativement a la collecte et a 1'evacuation des ordures, peuvent 120 f_4 SAINT JOHN May 28, 2012 Common Council of The City of Saint John Your Worship and Councillors: City Solicitors Office Bureau de Pavocat municipal Re: Proposed Procedural By -Law Amendment Common Council at its open session meeting of April 10th, 2012, resolved "that item 11.1 Procedural By -Law Change (Councillor Sullivan) from the April 10th, 2012 agenda be referred to the City Solicitor and the Common Clerk." As a result, I delivered an opinion to Council dated the 201h day of April, 2012 which in turn led to a resolution directing the preparation of an amendment to the Procedural By -Law which would provide for the Mayor's voting only in case of a tie, i.e. the Mayor would have a so- called "casting vote ". It is interesting to note from a historical perspective that the City Government Act (An Act to Amend An Act to Provide for the Government of the City of Saint John, 1936 (S.N.B. 1954, Chapter 159)) provides at s. 10 that the Mayor of the City shall vote on all questions. However, as I noted in my opinion to Council dated April 20, 2012, it is the provisions of subsections 10.1(1) and (2) of the Municipalities Act which empower a municipality to adopt a by -law that would provide3 for the Mayor's voting only in the event of a tie: °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. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1 121 Common Council May 28, 2012 Re: Proposed Procedural By -Law Amendment City Solicitor Page 2 10.1(2) Notwithstanding subsection (1), a municipality ma 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." [my emphasis] It is clear from the above -noted provisions of the Municipalities Act that there are only two options available to municipalities of the Province respecting the Mayor's participation in Council voting: (1) vote on each matter with respect to which the Mayor is not disqualified, or (2) vote only in instances of a tie vote of the remaining Council members who are not disqualified. Pursuant to the authority given to the municipalities at section 10.1 of the Municipalities Act, we prepared an amendment to the Procedural By -Law which provides that the Mayor shall not vote except to have a casting vote in the event of a tie. It is in order for Council to give first and second reading to the attached amendment, if it wishes. Respectfully Submitted, John ANugent City Solicitor Enclosure 122 �,jo BY -LAW NUMBER M -5 A BY -LAW RESPECTING THE PROCI OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE No M -5 ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John edicte : chaque conseiller present A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29t' day of November, A.D. 2010, is hereby amended as follows: 1 Section 16.4 is repealed and the following is substituted: Par les presentes, 1'arrete de The City of Saint John intitule "Arrete concernant le reglement interieur du Conseil Communal de The City of Saint John" edicte le 29 novembre 2010 est modifie comme suit: 1 L'article 16.4 est abroge et remplace par cc qui suit: "16.4 Motion — vote — required — unless « 16.4 Proposition: vote, exigences, sauf si le disqualified resolution conseiller est prive de voter toute autre Unless disqualified to vote by reason of conflict of interest or otherwise upon a by -law, resolution, motion or for any other purpose, each Councillor present 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." Sauf lorsqu'un conflit d'interet on tout autre motif le prive du droit de voter sur un arrete, une resolution on une proposition on sur toute autre question, chaque conseiller present doit faire connaitre publiquement et personnellement son vote qui doit titre constate par le greffier/la greffiere; le vote ne peut avoir lieu par bulletin on par toute autre methode garantissant Panonymat; tout vote effectue dans ces conditions est nul et sans effet. » 2 Section 16.5 is repealed and the following is 2 L'article 16.5 est abroge et remplace par cc substituted: qui suit: qui suit: "16.5 Failure — to vote — deemed affirmative Every Councillor 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." u 16.5 Defaut : vote, affirmatif Tons les conseillers qui assistent a une reunion et qui ne sent pas prives du droit de vote, conformement a la section 16.4, sont consideres comme ayant vote en faveur de la proposition s'ils negligent de faire connaitre leur vote. » 3 Section 16.6 is repealed and the following is 3 L'article 16.6 est abroge et remplace par cc substituted: qui suit: "16.6 Mayor — to have casting vote The Mayor shall not vote except to have a casting vote in the event of a tie." 1 16.6 Maire : voix preponderante Le maire ne doit pas voter sauf dans le cas du partage des voix, auquel cas it a voix preponderante. » 4 Section 16.7 is repealed. 4 L'article 16.7 est abroge. 5 Section 16.12 is repealed and the following is 5 L'article 16.12 est abroge et remplace par ce substituted: qui suit: "16.12 Recorded vote —order When a recorded vote is taken, all Councillors must vote unless disqualified by statute and any failure to vote by a Councillor who is not disqualified shall be deemed to be an affirmative vote." 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 A.D. 2012 and signed by: 16.12 Vote enregistre : ordonnance de voter Lorsqu'on proc6de a Penregistrement d'un vote, tons les conseillers doivent voter a moins d'etre prives du droit de voter en vertu de la loi; tout dsfaut de voter par un conseiller ayant le droit de voter, doit titre considers comme on vote affirmatif. » EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrst6 le 2012, avec les signatures suivantes : Mayor/Maire Common Clerk / Greffie're communale First Reading Premi6re lecture - Second Reading - Deuxi&me lecture - Third Reading - Troisie'me lecture - N 15 " JRNBULL CHAPTER The Canadian Aviation Historical Society NEW BRUNSWICK Dedicated to the Preservation of Canada's Flying Heritage May 29, 2012 Mayor Mel Norton Common Council City of Saint John PO Box 1971 Saint John, N.B. E21- 41,1 Dear Mayor and Councillors: I and Chief Warrant Officer Rick Robertson, 410 Squadron, RCAF would like to make a short verbal presentation to Common Council at your 04 June meeting. CWO Robertson is only in Saint John for a few days before he returns to CFB Cold Lake, Alberta. We wish to give a very quick update on where we are in the planning for the September reaffilation between the City and his Squadron. Harold E: Chair, Wa M&6 Park Turnbull Chapter, CAHS PO Box 6326 Saint John, N.B. E21- 4R7 123 rA 4 124 Common Council Orientation Patrick Woods City Manager June 11, 2012 Growth & Planning Services Permitting & Inspection Services Development Support Geographic Information Systems Neighbourhood Improvement Recreation and Cultural Programming Fire and Rescue Services Emergency Management Roadway Maintenance Sidewalk Maintenance Pedestrian and Traffic Management Stormwater Management Solid Waste Collection Engineering Parks and Public Spaces 125 Drinking Financial Human Water Management Resources Industrial Pension Corporate Water Administration Planning Asset Intergovernmental Wastewater Management Affairs Utility Business Corporate Management Communications Information Technology Systems rA 4 126 Common Council Orientation Fire Chief Kevin Clifford June 11, 2012 Seven Services • Emergency Management • Fire Rescue and Suppression • Medical First Responder • Hazardous Materials Emergency Response • Technical Rescue ■ Fire Prevention and Code Enforcement ■ Fire Investigation 127 4rUNT JOH.s • Challenges • Opportunities • Projects • Perspectives ■ Understanding your fire service ■ Future presentation 128 Budget $334,304 Personnel 1.15 FTE (within Fire Rescue and Suppression Service) Service Drivers • Provincial, Municipal and Federal legislation / industry standards • Municipal / Regional emergency preparation, operational readiness and resilience Service Level ■ Updated emergency plans based on identified contingencies • Fully functional Emergency Operations Centre (EOC) • Development of support infrastructure (people and agencies) 4rUNT JOH.s 129 Outcomes for 2011 • Updated technology in EOC • Completed evacuation sign installation • Initiated Emergency Management Unit (EMU) Project • Created a Community Advisory Committee Objectives of 2012 ■ Enhancement of effective performance measures ■ Enhanced utilization of the Sentinel Software System ■ Identification and development personnel (network) to support the critical roles within the Emergency Operations Centre (EOC) ■ Conduct field exercises in conjunction with NBEMO ■ Develop SJEMO strategy in conjunction with the objectives of the Province of New Brunswick Regionalization initiatives 4rUNT JOH.s 130 Kit IN = WN act 44 11 MWA 0 11 *a I I :j :j MA aoml [ 0 ii 53 A dF w I OI►IMR• • % koj t ef "n 131 q, Budget $21.6 million (95% of overall budget) - (Includes $2.2 million transfer to the water Utility) Personnel 149.15 FTE and 28 Holiday Relief Firefighters Service Drivers ■ Hugely diverse response profile (types of calls) • Nobody else to response • Regulatory, legislative and best practice requirements (life safety) • Type of properties / occupancies (light, medium and high hazard) dictates appropriate response model (what the fire department sends to the call) • Multiple mixed use neighbourhoods (residential, commercial, Industrial) ■ Economic sustainability / business continuity • Illustrate through recent incidents 132 4rUNT JOH.s Service Level • Response time for first arriving company within 5' 30" - 90% of the time • Response time for complete or full response (4 Fire Trucks) within 10 min or less • Containment of the fire to the "Area of Origin ", rescue and transported within the golden hour. Statistics for 2011 Fires in Structures — 114 Grass / Brush Fires — 108 All Other Fires - 46 By Occupancy Type (2011) Heritage (12 %) Industrial (2 %) Dumpster /Refuse Fires - 154 Fire in Vehicles - 58 Commercial (6 %) Residential (42 %) Older Housing / Places of Assembly / Multi- Tenant Housing (28 %) 133 Outcomes ■ Able to achieve a 5' 30" response time 82% of the time (2011) ■ Contained fire to "area of origin" — 99% of the time (2011) ■ Contained fire to "area of origin" - 87% of the time (2012 YTD) Objectives for 2012 ■ Implement more effective performance measures for Fire Rescue and Suppression Service (ICMA) ■ Enhancement to regular ongoing Incident Command training for the Fire Department's command staff • Policy, standards, training and safety documentation to be reviewed updated and established (where necessary) • Investigate / examine opportunities to champion fire service (training) at a regional level 4rUNT JOH.s 134 Budget $71,640 - (0.31 % of overall budget) Personnel 0 FTE Service Drivers • Life saving impact — numerous examples (celebrated at SJRH) • Regulatory and legislative requirements (i.e. save our own) ■ Location of the Fire Stations compliments tiered response ■ Diversity of needs among various neighbourhoods Service Level ■ Arrival time objective of 5' 30" — 90% of the time ■ Number of cardiac interventions ■ Level of care initiated prior to ANB's arrival on scene 4rUNT JOH.s 135 Statistics Medical First Responder calls in 2011 — 4,737 Medical First Responder calls for 2012 (Jan to May) -1,815 Outcomes for 2011 ■ Met response time objective 88% of the time. ■ 21 cardiac interventions (2012) Objectives of 2012 ■ More effective performance measures for 2012 ■ Enhanced Medical First Responder scenario training ■ Investigate the opportunity to enhance the MFR service ■ Investigate opportunities to champion Medical First Responder Service (training) at a regional level 4rUNT JOH.s 136 Budget $115,413 - (0.51 % of overall budget) Personnel 0.35 FTE Service Drivers • Diverse industrial sector located throughout the community • Regulatory and legislative requirements (life and performance standards) • Financially self sufficient through PNB contract Service Level ■ Identification of "product" within 10 minutes of arrival ■ Development of an incident action plan within 45 minutes of arrival 4rUNT JOH.s 137 Statisticsfor 2011 ■ 329 hazardous materials related calls ■ 3 Level 2 responses Outcomes 2012 YTD ■ Identification of product within 10 minutes of arrival — 100% ■ Development of an "action plan" within 45 minutes- 100% Objectives of 2012 ■ Create better measures for on -scene security (secure perimeter) and product identification ■ Train twenty new hazardous materials technicians to NFPA 472. ■ Increase / generate revenues through new agreements / bylaws 4rUNT JOH.s 138 Budget $55,981 (0.25% of overall budget) Personnel 0.35 FTE Service Drivers ■ Ice, water, extrication, high angle, confined space, off road rescue emergency response calls within our community ■ Regulatory and legislative requirements (life safety, standards) ■ Lane kilometres and recreational water access (all seasons) ■ Large geographic footprint, bisected by a river, marsh and highways Service Level ■ Response time objective for first arriving company of 5' 30" - 90% of the time ■ Development of an incident action plan within 10 minutes of arrival ■ Percentage of time the technical rescue is successful 4rUNT JOH.s 139 Statistics 336 rescues (vehicle extrication, victim extrication, ice /water) - 2011 55 rescues (YTD — 2012) Outcomes 2012 YTD ■ Percent of time action plan was developed within 10 minutes of arrival — 100% Objectives of 2012 ■ Development of better performance measurements for technical rescue incidents ■ Development of high angle rescue response team ■ Development of confined space rescue response team ■ Investigate opportunities to champion Technical Rescue Service at local and regional level 4rUNT JOH.s 140 Budget $918,761 - (4% of overall budget) Personnel 8 FTE Service Drivers • Regulatory and legislative requirements (inspections, code enforcement) • Diversity of needs among various neighbourhoods • Multiple mixed use neighbourhoods (residential, commercial, industrial) • Evolving demand for service Service Level ■ Conduct over 1,500 inspections and 500 re- inspections annually ■ Conduct public education programs / initiatives 4rUNT JOH.s 141 Statistics 1,706 inspection conducted For 2011 2,716 violations identified 1,414 violations closed Outcomes for 2011 ■ Improved fire safety in 1,706 places of assembly and multi - residential properties (high hazard occupancy) Objectives of 2012 ■ Development of better performance measurements • Investigate opportunities to champion fire prevention service at a regional level • Development of a fire service by -law that proposes revenue generating options in support of Common Council's priority ■ New fire safety house for public education 4rUNT JOH.s 142 Budget $20,600 (0.09% of overall budget) Personnel 0 FTE Service Drivers ■ Regulatory and legislative requirements (Fire Prevention Act) Service Level ■ On call Investigator to arrive on scene within 30 minutes of call -in ■ Identify the area of origin 95% of the time; the point of origin 90% of the time and the source of ignition 85% of the time Statistics for 2011 ■ 115 Investigations (structure, dumpster, vehicle) 4rUNT JOH.s 143 Outcomes for 2011 • Set - 40 • Accidental - 35 • Natural - 1 • Undetermined - 39 Objectives of 2012 ■ Develop more effective performance measures • Creating additional depth with respect to the capacity to conduct fire investigations • Investigate opportunities to champion fire investigation service at a regional level 144 Response profile (types of emergency calls) ■ Residential structure fire (low hazard NFPA base property) • Multi -unit / row housing (medium to high hazard property) • Heritage housing (medium to high hazard property) • Dense interconnected or industrial occupancy (high hazard property) • High rise occupancies (high hazard property) • Port occupancies (high hazard property) • Cargo / container ship (high hazard property) • Cruise ship (high hazard property) • vehicle / mechanical extrication 4rUNT JOH.s 145 Response profile (types of emergency calls) ■ Industrial / commercial processing facilities (high hazard property) ■ Industrial / commercial storage facilities (high hazard property) • Unloading marine terminals (high hazard property) • Natural Gas Transmission Pipeline (high hazard property) • Natural Gas Distribution Pipeline (high hazard property) • Liquefied Natural Gas facility (high hazard property) • Oil Refinery (high hazard property) • Crude oil tank farm - CanaPort (high hazard property) ■ Off road rescue 146 SAMT JiiH. ■ Sustaining our level of expertise on all of the response types ■ Enhancing expected response capabilities (shipboard firefighting, high angle and confined space rescue, etc.) ■ Geographic size • 315 square kilometres — land mass • The amalgamation of three cities in 1967 o Saint John (5) / Simonds (1) / Lancaster (2) • Complex emergencies, mid and high fire load occupancies in all areas of the City dictate timely and adequate response across all of the core community in order to minimize long term Impact. ■ Substantial community investment 4rUNT JOH.s 147 i nA-*] CARMARTHEN STREET STATION - ZONE 1 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies r tJ A 149 ra r . 1 Ki[ometen �P- CARMARTHEN STREET STATION - ZONE 1 150 �P- SAINT JOH.' LOCH LOMOND ROAD STATION - ZONE 2 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies 151 �P- LOCH LOMOND ROAD STATION - ZONE 2 4rUNT JoFi.Is 152 COURTENAY AVENUE STATION - ZONE 4 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies 4rUNT JOH.s 153 COURTENAY AVENUE STATION - ZONE 4 154 ADELAIDE STREET STATION -ZONE 5 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies 155 (P- SAINT JOH.' ADELAIDE STREET STATION - ZONE 5 iW �P- SAINT JOHN KING STREET WEST STATION - ZONE 6 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies 157 �P- KING STREET WEST STATION - ZONE 6 i&%] 4rUNT JoH.s MANCHESTER AVENUE STATION - ZONE 7 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies ft _f ff I yid - � r '�k { - dry ��, •A �`� - t- t 159 �P_ SAINT JOH.'s MANCHESTER AVENUE STATION - ZONE 7 Wo ll �P- SAINT JOH.' MILLIDGE AVENUE STATION - ZONE 8 Complex Emergency Calls and Low, Medium and High Fire Load Occupancies 161 �P- SAINT JOH.' MILLIDGE AVENUE STATION - ZONE 8 162 ■ Enhanced role in the community (i.e. PALS, Saint John Food Bank, Priority Neighbourhoods etc.) • Fire Stations need to be community land mark / safe haven • Service to the community needs to be reflected in our values ■ Achieve a financial benefit from our skills (i.e. Revenue from our expertise) ■ Regionalization (mutual aid) • Incident Command / Emergency Management / Training Services Maintenance and Equipment testing 4rUNT JOH.s 163 ■ Revenue generation (Point Lepreau, PNB, Other Industry etc.) • Response profile challenges = revenue generation opportunities ■ Fire Protection and Life Safety By -law ■ Enhanced service level measurements • (ICMA) ■ Live fire training facility (health and safety regulations) 4rUNT JOH.s 164 In the Ipsos Reid surveys for the years 2009 to 2011 approximately 96% to 98% of citizens expressed satisfaction with their Fire Service 2011 Ipsos Reid Survey - page 18 ,Fire, police and garbage /compost collection are the services which are really important to residents in Saint John and based on the positive results in terms of resident satisfaction, Ipsos Reid would position as services that need to be maintained at this continued high service level." 4rUNT JOH.s 165 ■ Non expert ■ 3rd party expert(s) • Ernst & Young April 1991 (reduced and adapted) • Response time analyst 2003 (Baird Study) • RMS / FUS ■ Fire Chief ■ Citizen's perspective • Ipsos Reid 2009 / 2010 / 2011 ■ Council determines whose perspective is relevant 4rUNT JOH.s •i ■ High level & summary presentation tonight! ■ Other information which you may find informative / helpful includes: • Fire Risk Analysis? • Vulnerability Analysis • Probability Analysis • Response Time Analysis • Fire Growth Analysis 167 4rUNT JOH.s ■ Fire & Emergency Response Operations? • Incident Command & Emergency Operation Principles Appropriate apparatus response model o Determined by occupancy classification and emergency type • Numerous Strategic and Tactical Considerations o Determined by occupancy classification and emergency type ■ What did previous third party reviews provide? ■ What will the core service review provide? 4rUNT JOH.s - ■ Municipal Comparisons? • Saint John vs. St. John's • Ensure comparisons are reconciled across the full range of relative attributes? • New Brunswick • Annual Report from the NB Office of the Fire Marshal Atlantic Canada • Across the Country 169 4rUNT JOH.s SAINT JOHN- FREDERICTON - MONCTON COMPARABLE 170 ■ Saint John is different across a number of services • Water and Sewerage • Roads • Snow removal ■ Size and typography ■ Plan SJ 171 4rUNT JOH.s CITY OF SAINT JOHN FIRE RESPONSE Plan SJ - Primary Development Area (PDA) 172 �P- SAINT JOH.' Thank You Welcome opportunity to discuss further or answer questions! 4rUNT JOH.s 173 rA 4 174 Common Council Orientation Kevin Watson Urban Environment Services July 11, 2012 Grov,th & Planning Services Permitting & Inspection Services Development Support Geographic Information Systems Neighbourhood Improvement Recreation and Cultural Prograrnming Fire and Rescue Services Emergency Management Roadway Maintenance Sidewalk Maintenance Pedestrian and Traffic Management Stormwater Management Sod i d Waste Collection Engineering Parks and Public Spaces Drinking VV ate r Industrial Water Wastewater Utility Business Management 175 Financial Management Pension ,Administration ,Asset Management Human Resources Corporate Planning Intergovernmental Affairs Corporate Communications Information Technology Syste ms 4- � SAINT JOHN The Neighbourhood Improvement Service provides neighbourhood residents with tools and support to build resilient, healthy communities. It promotes and delivers community based projects and programs that contribute to sustainable neighbourhoods and healthy communities through facilitation, partnerships and use of City facilities. The service works with neighbourhood groups and associations to obtain the appropriate funding required to ensure a variety of opportunities are accessible and inclusive for all citizens. Common Council Priorities • We have revitalized neighbourhoods that are safe, vibrant and attractive. • A significant reinvestment in existing recreational facilities and programs with the goal of planning and constructing one new recreational facility based on the needs in the community. • The City must take ownership in the revitalization of our five priority neighbourhoods through leadership embedded in City Hall. Urban Environment Services ; 176 jA jW. Community Development Neighbourhood Development (Stimulation Grant) *Westside PACT *ONE Change *PULSE *CVRC *Waterloo Village *ESM *Vibrant Communities *Teen Resource Urban Environment Services Community Development Engaged and Empowered Communities Community Forming Partnerships Associations (Facility Assistance "LP Grants) *HOPE Ctr. Community Partnerships *Martinon CC Horizon Health (HOPE Ctr / *Lorneville CC Market Place Wellness Centre) *Denis Morris CC *Milford CC Westside Food Bank *KBM *Latimore Lake CC Fundy Wellness Network L PALS • P.R.O. Kids has placed over 5,000 children since 2002. 10th anniversary of placing children in April. • 2011: 1093 placements were made. • 1 full -time contract employee and 1 co -op student (sessional) every 4 months • Raised $200,000 in 2011 (over $1.2 million raised since inception) in addition to thousands of dollars worth of discounts and free spaces secured. • Current major funders include Canadian Tire Jumpstart Foundation, Dickie Crossman Memorial Foundation, Greater Saint John Community Foundation, New Brunswick Children's Foundation, Rocky's Sports Bar & Emera Brunswick Pipeline • Fundraising events include annual dinner at the Delta in April, Dickie Crossman Memorial Golf Tournament in July, & Pembridge Insurance High School Basketball Tournament in November. Rocky's Sports Bar will also be having their first golf tournament for P.R.O. Kids July 26th . They've pledged to raise $25,000 for the program this year through several events. • The P.R.O. Kids Advisory Committee is currently undertaking a strategic plan • Assists with registration fees, equipment and transportation costs • Most popular requests include hockey, cheerleading and swimming 178 PO':� }VF RF ,RFATKAM OPPORT7 fly MPF; f ok Ki[xs FTE — 1.0 Budget: $98,673 Revenue: $19,200 (Partnering Greater SJ Municipalities) 4rUNT JOH.s The Recreation and Cultural Programming Service provides access to many recreation, sport and cultural opportunities that allow our citizens to stay active, enjoy life in their leisure time, and connect with other members of the community. Through innovative leadership, the goal is to deliver service that promotes community well -being and enhances the quality of life of citizens to produce a healthy, vibrant, positive and strong community. Service is focused on meeting the diverse recreation, cultural and leisure needs of our citizens. Portfolios: • Youth (Community Centres / Playgrounds) • Inclusion & Accessibility • Rockwood Park • Active Living & Wellness • Sporting Events • Community Events • Seniors FTE — 4.45 Total Budget: S1,142,986 $227,526 Grants $ 915,460 Operating Budget 179 4rUNT JOH.s 100 ID 60 Cz U) 40 L ei 20 Percentage of residents satisfied (very or somewhat) with Recreation Programming 2009 2010 2011 iRX SAINT JOH.\ Transportation & Environment services 'serving r ob firyand envirenmen fulneede Parksand Recreation Facilities Maintenance Parksand Public Spaces 181 Urban Environment SerVices `Creniaga scrA ih+W]& COrrJrd�t�rJ�'}� Neighbourhood h-g3roveirent Recreation and Cultural Prograrriring • Projects and Initiatives — PLAYSJ — Enhancing Current Recreation Infrastructure — Market Place West — Rainbow Park — Emera Trail Development at Lou Murphy Park — Little River Reservoir Park Development — C.E. Nicolle Community Centre — Rockwood Park 4rUNT JOH.s .MM • Strategic Plan for Recreation & Parks • Completed in 2012 • Quality vs Quantity • Right- Sizing • Community Development / Community Engagement 4rUNT JOH.s 183 rA 4 W:U Common Council Orientation Bill Edwards June 11, 2012 Growth & Planning Services Permitting & Inspection Services Development Support Geographic Information Systems Neighbourhood Improvement Recreation and Cultural Programming Fire and Rescue Services Emergency Management Roadway Maintenance Sidewalk Maintenance Pedestrian and Traffic Management Stormwater Management Solid Waste Collection Engineering Parks and Public Spaces If:%". Drinking Financial Human Water Management Resources Industrial Pension Corporate Water Administration Planning Asset Intergovernmental Wastewater Management Affairs Utility Business Corporate Management Communications Information Technology Systems The Transportation & Environment Services team delivers services that support the community in achieving its long -term vision and goal of creating a green, attractive city where people can get around safely and easily ii �1 4rUNT JOH.s • 2012 Operating Budget $1,765,351 $1,620,138 $13,158,400 $1,319,948 MOIN $30,400,123 Roadway Maintenance Sidewalk Maintenance Pedestrian & Traffic Management Stormwater Maintenance ■ Solid Waste Management ■ Municipal Engineering Parks & Public Spaces 4rUNT JOH.s Roadway Maintenance Sidewalk Maintenance Pedestrian and Traffic Management Stormwater Management Solid Waste Management 2012 Operating Budget $23,388,264 Staffing Resources (FTE's) Management /Professional 5.7 Inside Workforce 9.1 Outside Workforce 122.2 iF.01-07 4rUNT JOH.s • Parks & Public Spaces 2012 Operating Budget $5,246,508 Staffing Resources (FTE's) Management /Professional 3.25 Inside Workforce 3.00 Outside Workforce 35.00 Casuals /Students 13.80 4rUNT JOH.s &i2rj • Engineering 2012 Operating Budget $1,765,351 Staffing Resources (FTE's) Management /Professional 8.8 Inside Workforce 6.0 Will 4rUNT JOH.s Infrastructure Renewal- Sanitary Infrastructure Renewal -Water Recreation & Green Space Safe, Clean Drinking Water Storm (Flood Control) Transportation Wastewater Treatment Watershed Protection Total 191 City Share 273657000 3,775,000 1,260,000 5,059,135 1,246,000 17995,000 6,503,000 6007000 $22,803,135 4rUNT JOH.s • Improvements to the City's roads; increased funding • Complete multi -year renewal program for sub - standard sidewalks • Increase the number of secure pedestrian friendly crosswalks • Where possible narrow streets to increase pedestrian safety and promote active transportation and incorporate traffic calming measures as needed • Restore /replace /right size existing recreation infrastructure (Parks & Playgrounds) • Analyze current green space /add to & enhance current green space in line with what children want 4rUNT JOH.s 192 Citizen satisfaction with municipal program /service performance also trending dawn, particularly In transportation related area s 2011 CIdzen SurweV - % Satk ied (Very or Somewhat) (Fi=W2) 2010 citlilen X009 Man Ipsr}s Reid 111anatlpnl _ survey Survey Ii6 Frn Uvorall Mmicipal Pra amclF5e9vrras 7056 78% 7G fu $1}5' Fr9 9e9eam 9fiyr 98% 96% 9456 FIG4 asritnk" � � 91% 99% 9256 Est C.arbnmjlnnWvstGn&ctiu - PUP, .78% M, 8556 VMeertawakeKT+eltsrnrrrs 67 ", . G9% 57 84% 5 mmmatar lWanagammit {S:R+ 17% ?'§6 n/a C7irrldr;'t°JYAur =':-, 56% 57 1 G 89k Sm llemoaal aEr'.k; 7.15S &D% .. Roadway Maintenance 22% 34% 31% 70% T..Ac 17101w 54%-4, 52% 73% 62% FirkirigAvailahiility X96 63'6 6G ilyd R,,, L, Ti -ice -r-d pq.Lrer Gramm 5paoa W% 9TA 90 Frie.rAw6n Pc*&", s 7;i'7i M% IG% El 1% I'NowtionfaMlaa MA 73% 75% 875 He•ril Le•Rrsserratiom 3G% 82% 8 find w s,3PmllsgapprarprbaW cuemwirifty p rilrono 6L% y�. 4,;q:6 73 71 iulldiluvlrap,ankm M% 6SIA iLf755i 1, Noe W rYdtKw tirbA44 you ere wf* the cterdu le+el t -v cr,al�ry pi tCrVrL9 end rr.DgrsmL 7wced tM Cky d UIT. A;iw? S. Iim g0 ad to rwd a list afarocrafri and 9ery LG],.wa%,Gad to Vuu W tha Eirecl!EWIt h] Y' L Fbnkie tdl rrt -,awm9ftfied rou aft wth xhe ph theLlry as 60 1'9 If. IX LIACi, -. ^A �, 'j 4- AV'ruv Vd! {4:99 idlplicbmcii 4room ]IL�n'9Ya 2J'lA icy 1' }1x5anvy i641ts 193 �P- • First contact is made by calling 658 -4455 • A Work Request is created describing the issue /concern • A Foreman investigates the request and assigns a priority • The work is completed based on the timelines established for each priority 4rUNT JOH.s 194 Priority 1: CRITICAL OR EMERGENCY - Hazard to persons or property URGENT - serious interruptions to normal operations Priority 3: IMPORTANT - higher priority routine work (Preventative Maintenance) Priority 4: MINOR - lower priority routine work (Preventative Maintenance) Priority 5: DEFERRED WORK - maintenance must be deferred based on resource availability Priority 6: DISMISSED - Work that is not part of the service delivery mandate 4rUNT JOH.s WOR A Service level is a measurement of the performance of a system or service. The service level is usually expressed as a percentage of a goal Key Performance Indicators (KPls) help organizations understand how well they are performing in relation to their strategic goals and objectives. The Transportation & Environment Services have defined service levels for many activities. 4rUNT JOH.s Wells • Example: Pavement Condition Index — Average pavement condition for the network of streets at PCI 70 (fair) or better. 100 85 U 70 a v ao `y 55 Q 40 25 10 Total Average Pavement Condition (PCI) for all City of Saint John Streets (asphalt surface only) � PCI 70 PCI Target iMA v 2 u 00 c M m U a • Example: Maintenance of signalized intersections with a focus on proactively replacing worn out equipment 100% Repair Timelines 90,0 Priority 1 — Temporary fix 80% within 1 day 60% Priority 2 — within 30 days 40% 30% 20% 10% 0% Traffic Signal Maintenance Performance Jan -12 Feb -12 Mar -12 r 1:1-07 Apr -12 May -12 Priority 1 Priority 2 • Example: Painting of lines using athletic marking paint on rectangular fields Class A painted twice per week Class B painted once per week 4rUNT JOH.s 1 &'1%: • Critical analysis of street resurfacing /reconstruction program • Operational and financial analysis of the line painting activities • Street Sweeping Management Program, outline priority areas and define level of service • Improve accessibility of sidewalks by installing access ramps; accessible pedestrian systems at signalized intersections & improve access across Westmorland Road for pedestrians of all abilities • Update inventory data to the City's GIS system • Continue to complete Service Inventory and Condition Analysis moil] 4rUNT JOH.s • Implement Traffic Calming Policy with completion of three Traffic Calming Plans for different neighbourhoods • Improve traffic flow along Loch Lomond Road • Create Traffic Signal Infrastructure specifications • Continue to develop and implement Preventative Maintenance Programs within all services • Ongoing stormwater drainage basin and local drainage projects in the Brentwood, Milford and Honeysuckle /Sherbrooke Basins • Assist with Municipal Street Lighting Guidelines and Engineering Specifications 201 AMM 4rUNT JOH.s • Move to collection of all residential household units with City forces for September 4, 2012 • Report to Council regarding strategic service activities such as recycling program • Complete trail signage program for Rockwood Park • Continued efforts to improve highway signage for Rockwood Park • Complete Play SJ process for new Strategic Plan for Parks and Recreation • Establish a street tree inventory that will result in more timely, efficient preventative maintenance efforts and result in an improved tree canopy in the City 202 4rUNT JOH.s Work Capacity Deficit - $4,270,306 Majority of current work activities deal with reactive maintenance rather than preventative maintenance Our objective is to be proactive not reactive Outstanding Service Requests approximately — 1,652 4rUNT JOH.s 203 Asphalt Infrastructure Deficit Outstanding backlog of streets below critical PCI, as November 2011 is 152.85 lane km and growing 2012 Surface Maintenance Contract $3,100,000 r Sustainable level in the order of $5.5M annual for asphalt resurfacing is required to maintain existing infrastructure above critical PCI In 2012 approximately $2.1 M of this $3.1 M is designed for asphalt resurfacing. This calculates to a 2012 deficit of $1.31 M meaning more streets will fall into the reconstruction category. 9011 4rUNT JOH.s • Current infrastructure deficit is huge and growing • Sustainable levels of funding - Capital & Operating • Outside Workforce — minimum 293 • Service level reductions caused by recent budget cuts • Critical administrative services support (Fleet; Purchasing; IT; Human Resources; Legal) 4rUNT JOH.s KIR Questions MR SrUNT JOH.s Transportation & Environment Services Overview "_ • ' Services The Transportation and Environment Services team delivers services that support the community in 'serving mobility , achieving its long -term vision and goal of creating a green, attractive city where people can get around safely environmental needs' and easily. Services are delivered to provide an evolving array of convenient, comfortable, affordable and efficient modes of transportation. Service also focuses on protecting the natural environment with the Roadway maintenance of outstanding parks, green and other public space, while promoting a shared commitment to Maintenance Service environmental stewardship and keeping Saint John clean. Services delivered include Roadway Maintenance, Sidewalk Maintenance, Pedestrian and Traffic Management, Stormwater Management, Solid Waste Sidewalk Management, Parks and City Landscape, and Recreation and Sports Facilities. Transportation and Maintenance Service Environment Engineering is an internal support to the delivery of these services. Pedestrian and Traffic Management Service Organizational Goals To establish the City of Saint John as a service - based, results oriented, high performance public service Stormwater organization. Management Service Service Based Results Oriented High Performance Solid Waste Management Service • Considering the needs of the • Safe, efficient transportation • Collaborative, strategically community as a whole system with minimal service minded workforce Parks and City • Creating opportunities for interruption • Culture focused on Landscape Service citizen feedback and input • Quality, fiscally responsible contributing to community maintained infrastructure goals through service delivery • Responding effectively and Sports and Recreation Facilities Service efficiently to address • Clean and aesthetically • Resource conscious and community needs pleasing community accountable for results Transportation & Environment Engineering Approved Budget February 1, 2012 TE - 1 WIN Transportation & Environment Services Summary Approved Budget February 1, 2012 41Zi1 TE -2 2011 2012 2013 2014 Approved Expenditures Revenue FTE Projected Projected Roadway Maintenance Service Roadway Surface Maintenance 6,459,601 6,941,130 51,147 29.2 Roadway Snow and Ice Control 4,342,400 4,433,349 215,101 33.7 Street Cleaning 1,997,000 1,783,921 19.7 Total Service 12,799,001 13,158,400 82.6 Sidewalk Maintenance Service Sidewalk Surface Maintenance 707,500 762,202 5.70 Sidewalk Winter Maintenance 885,000 557,746 5.30 Total Service 11592,500 1,319,948 11.0 Pedestrian and Traffic Management Service Traffic Enhancements N/A 386,691 3.50 Traffic Maintenance N/A 1,233,447 20,000 10.30 Total Service 1,612,600 1,620,138 13.80 Storm Water Management Service Stormwater Maintenance 3,101,400 3,324,138 17.20 Total Service 31101,400 3,324,138 17.20 Solid Waste Collection Service Solid Waste and Compost Collection 4,104,942 3,965,640 80,488 11.90 Total Service 41104,942 3,965,640 11.90 Transportation & Environment Engineering 449,000 459,351 1,500 4.25 Approved Budget February 1, 2012 41Zi1 TE -2 Summary continued... Approved Budget February 1, 2012 41100 TE -3 2011 2012 2013 2014 Approved Expenditures Revenue FTE Projected Projected Parks & City Landscape Service Parks Maintenance 2,319,057 2,084,961 12.70 Urban Forestry 363,866 331,856 3.20 Mispec Park 7,000 0 Saint John Horticultural Association 40,000 40,000 Total Service 21729,923 2,456,817 15.90 Sports and Recreation Facilities Service Arena Operation and Maintenance 1,222,292 1,254,899 786,879 12.10 Sportsfield Operation and Maintenance 1,280,618 1,208,259 106,700 10.05 Other Facility Operation and Maintenance 257,681 297,655 2.40 Sport Administration (Facility Booking) 195,044 68,878 0.80 Youth Subsidies (Facility Usage) 192,361 165,361 Lord Beaverbrook Rink 149,400 154,000 Aquatic Centre 169,313 231,490 Track Club Grant 15,000 Total Service 31466,709 3,395,542 25.35 Parking Service (Administration Support) 530,845 530,845 1,975,000 Transit Service 5,856,691 5,570,256 Environment Committee 4,520 1,520 Total Transportation & Environment Services $36,248,131 $35,802,595 182.00 Approved Budget February 1, 2012 41100 TE -3 Roadway Maintenance Service The Roadway Maintenance Service provides motorists and cyclists with safe, functional roads and maintains accessibility of these roads through all seasons. The service utilizes various techniques and processes to maintain the integrity of the road surface and extend roadway service life, including preventive maintenance activities (asphalt patching, crack - sealing) and maintenance resurfacing of deteriorated roadway sections; mitigation of the effects of snow and ice during the winter months; maintenance of roadway structures (retaining walls, guiderails) and medians; surface reinstatement of roadway excavations; and cleaning streets of sand and debris. Service Delivery Roadways are maintained using a priority system based on street classification (use / need) and traffic volumes. The goal is to ensure that service is delivered to minimize the risk of injury or property damage and service interruptions. Priority 1: main streets, highway connections, emergency routes Priority 2: major bus routes, schools, business areas Priority 3: collector streets, minor bus routes, industrial parks Priority 4: local or subdivision streets In ensuring roadway maintenance is effective in providing the public with a safe and efficient transportation network, the City delivers several programs. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Roadway Maintenance Programs o Surface Maintenance ■ Snow and Ice Control N Street Cleaning Approved Budget February 1, 2012 Focus on asset management and integrated planning Accessibility to various sustainable modes of transportation Economic uncertainty, inflation, and supply and cost of materials Global weather conditions and impact on safety and infrastructure Inventory and condition assessment of transportation infrastructure Innovation in maintenance techniques and methodologies Organizational capacity Expectations for safe, functional roads with timely service response 210 TE -4 2011 Roadway Maintenance Service Accomplishments and Performance Council priority to implement recommendations for improvements to the City's roads using pavement condition index (PCI) measures and increase funding to enable a more aggressive maintenance program resulted in an increase in committed funding of $500,000. The proposed service level and funding reflects Council's increased funding commitment. Developed and implemented manhole inspection, retaining wall, and guide rail preventative maintenance programs to identify infrastructure deficits and plan maintenance and replacement costs. As part of the inspection, 433 structures exhibited some type of failure. Permanent repairs were completed for 37 structures as part of the asphalt resurfacing program (27 General Operating and 10 Capital) and approximately 120 temporary repairs (asphalt collaring) were completed until permanent repairs can be completed. Developed and implemented Service Request Priority Guidelines that support prioritizing maintenance activities, leading to increased efficiencies in responding to citizen requests for service. From April to November 2011, 115 Priority 1 and 130 Priority 2 service requests were completed. • Developed a system to track illegal dumping. Between April and October 2011, 257 illegal dumping work orders have been recorded. Approved Budget February 1, 2012 In 2011, the PCI indicates a decline in asphalt pavement condition from the previous year. In order to maintain and improve on the 2010 PCI, it was recommended that 65 lane kilometres of asphalt rehabilitation and /or reconstruction work be completed. Given the funds allocated to the service, only 59% or 38.28 lane kilometres of milling and overlay, microsurfacing and total reconstruction were actually completed in 2011. As a result, the percentage of streets below the critical PCI has increased. PCI results correspond with citizen survey results that saw a decline in citizen satisfaction (36% in 2010 to 22% in 2011) with road maintenance. Note: A correction in PCI results was applied to account for anomalies in the software. PCI is calculated using a ten (10) year trend to determine the relative PCI from one year to the next indicating improvement or decline in pavement condition. PCI includes assessment of provincial roads (citizens do not consider responsibility for maintenance when determining their satisfaction with service delivery). 211 TE -5 • The Winter Operations Centre (WOC) was established to provide coordination of service activities and liaise with the public during storm events, with an annual review of WOC standard operating procedures completed in September 2011. • Decrease in citizen service calls related to snow control with improved communication of the Winter Management Plan (public meetings, vehicle flyers, City's website, Insight magazine articles, media interviews and advertising, notifications using social media, citizen response to inquiries, and information to businesses where by -law violations were observed as a courtesy warning). • Winter parking ban supported more efficient operations and a decrease in insurance claims and associated claim costs resulting from incidents with parked cars and snow clearing equipment (in relation to the severity of the winter storm season). • Street sweeping completed for 93% of asphalt street inventory. r c t E Y v CL Percent kilometres of streets plowed to service level standards by storm event. 2010 -2011 Winter Storm Season ■ Primary Standard Secondary Standard ♦ Storm Severity Index 100% 80% 60% 40% 20% 0% ,y0 ,y1 ,y'> ,y1 yti y'y ,y'v y1 yo do yo yo yo ,yo yo yo ,yo do do do do O�c: sac lac 'ac Sac Sac , e� �e� Sea Sew deb �yo Pic ��' 03 tiff tie ti� ti� oti oh' oro " by ti� oy 80 70 x v 60 = 50 > 40 > aj 30 V) E 20 c 10 0 Service objectives for winter maintenance were achieved during most storm events (chart above). Issues occurred during storms of higher severity due to reduced equipment availability (winter operations are hard on equipment). In some situations, objectives could not be measured accurately as new storms started within the timeframes set out in the service objectives. 2012 Initiatives, Major Projects and Roadway Maintenance Service Delivery Highlights • Complete an Operational and Financial Analysis of the asphalt maintenance localized repair (Safety) activities. • Complete a Street Sweeping Management Program, outlining priority areas and route sequences. Approved Budget February 1, 2012 TE - 6 Q Roadway Surface Maintenance Program - Service Levels and Resources Asphalt maintenance of roadway surface to maintain a network PCI of 70. Repair potholes, asphalt damage and shoulder drop -offs within the timelines set out below after becoming aware of the fact 80% of the time. Emergency or Urgent (hazard to persons or property, interrupts service or potential to turn into a hazard and > 200 cmz in area and 10 cm in depth) • Priority 1 Streets — 4 days • Priority 2 Streets — 7 days • Priority 3 Streets —14 days • Priority 4 Streets — 30 days Seasonal repair of potholes, asphalt damage and shoulder drop -offs as resources are available or when area deteriorates to Urgent priority. Repair or replacement of guiderail or retaining walls that may be a hazard to persons or property or interrupt service within 1 month for guiderail and up to 2 years for major retaining walls of the becoming aware of the fact. • 37 lane km resurfacing (mill and seal) • 14 lane km microsurfacing • 7 Lane km chip sealing • 20,000 lineal meters of crack sealing • 750 lineal metres of curb (minimum estimate — actual determined with asphalt resurfacing requirements) • 1,400 potholes (average) • 300 other various types of asphalt repairs that are generated through the work order system on average (water roll, asphalt sidewalks, curbing). • 1,400 metres of road shouldering (average) • Requirements vary annually depending on citizen requests and inspection results. • Service strives to maintain streets to an acceptable standard to ensure safety, extend service life, and achieve the best value for the investments made in these public assets. • Proposed asphalt rehabilitation work will support maintaining and minor improvements to the PCI standards and addresses a very small portion of the infrastructure deficit. Investment in asphalt rehabilitation reduces long term costs associated with maintenance and reconstruction of streets. • Cost - effective resurfacing of municipal streets should be coordinated with curb and sidewalk renewal in order to realize the expected service life of the street. Limited funding allocations for curb in the operating budget (some curb and sidewalk in capital) means that the focus of the resurfacing program will be on roads without curb and sidewalk. • Asphalt repair (potholes and damage) addresses immediate safety and liability concerns. • Guidelines support customer service improvement initiatives by providing better information to citizens on service expectations and reducing work order deficit. Wages & Benefits $1,987,924 Goods & Services 4,953,206 Total Expenditures $6,941,130 Revenue(PDH /RDH) $51,147 Full Time Equivalent Positions (FTE) Management 0.90 Inside Workers 1.90 Outside Workers 26.40 TotaIFTE 29.20 Part Time Positions (PTE) 0.80 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • Communications — notifications, assist with public awareness of service expectations • Police — Work Zone Safety monitoring • GIS — inventorying and displaying assets for management of infrastructure Approved Budget February 1, 2012 TE - 7 213 Roadway Snow and Ice Control Program - Service Levels and Resources Plow all streets of snow (plowing) within the City's road network to meet service objectives after a storm event 100% of the time. Priority 1: 8 hours — bare travel lanes 2 days — bare curb to curb Priority 2: 8 hours — bare centre line 2 days — bare travel lanes Priority 3: 12 hours — bare centre line 3 days —bare travel lanes Priority 4: 12 hours — accessible / packed 4 Days — bare center line Remove snow as follows: Priority 1: Before 20 cm accumulation or a.s.a.p. after a major storm Priority 2: Before 30 cm accumulation or a.s.a.p. after a major storm Priority 3: Before 60 cm accumulation or a.s.a.p. after a major storm Priority 4: As determined by conditions Response to service requests for winter drainage issues, plowing and snow removal within 72 hours after end of storm 80% of the time - action taken as resources are available (immediate if urgent). Drainage issues may not be resolved until construction season. Approved Budget February 1, 2012 Average 10 -12 storm events annually • 330.4 lane km Priority 1 (main streets, emergency routes, highway connect) • 185.4 lane km Priority 2 (bus routes, schools, businesses areas) • 255.4 lane km priority 3 (collector streets, industrial parks, minor bus routes) • 572.4 lane km local streets / subdivisions • Tonnes of snow removed from streets depends on accumulation and severity of winter storm conditions • Number of requests varies annually • The service strives to enhance public safety by providing functional streets that allow safe movement of people, vehicles and goods safely through the extremes of winter snow and ice events. Ability to meet defined service objectives is dependent on storm severity and frequency as well as equipment availability (winter maintenance operations is hard on equipment). • The service strives to meet plowing objectives for priority 3 and 4 streets. The public should expect that initial response or pass to these streets will occur later than in past winter weather seasons. 214 Wages & Benefits $2,291,534 Goods & Services 2,141,815 Total Expenditures $4,433,349 Revenue(PDH /RDH) $215,101 Full Time Equivalent Positions Management 1.00 Inside Workers 0.70 Outside Workers 32.00 TotaIFTE 33.70 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • Communications — notifications, assists with public awareness of service expectations • Legal — parking / by -law enforcement • Parking — enforcing the Traffic By -law • Police — enforcing the Traffic By -law for the Overnight Parking Ban in the South Central Peninsula • GIS— inventorying and displaying assets for management of infrastructure TE -8 Street Sweeping Program - Service Levels and Resources Weekly sweeping of streets in the Central Business District Annual sweeping of streets with curb only and designated biking areas city wide between April and mid - October (i.e., streets swept once a year) Maintain and collect garbage from City barrels and pole baskets (inspected and emptied 4 times / week) Illegal dumping complaints cleaned up within 5 days • 36.5 lane km streets • 315.7 km streets annually • 58 City barrels • 51 pole baskets • 330 illegal dumping clean -ups (April — December 2011) • The service strives to clean streets of Wages & Benefits $1,227,353 sand and debris to make it safer and Goods & Services 556,568 cleaner for the community. Total Expenditures $1,783,921 • Limiting sweeping operations to only those streets with curbs minimizes the impact on stormwater management operations. However, in areas of the City where materials and debris builds up, line painting may deteriorate faster, dust may be more difficult to control and may pose a small safety hazard to pedestrians, cyclists and motorists. • To maintain a healthy and attractive urban environment, the Central Business District (CBD) receives a strong focus due to high density of activity from citizens and tourists including Cruise Ship visitors. • The barrel /pole basket program provides a valuable service in keeping City streets in the CBD clean on an ongoing basis. • Illegal dumping clean -ups mitigate construction debris on streets and furniture that can be a fire hazard. Full Time Equivalent Positions (FTE) Management 0.60 Inside Workers 0.20 Outside Workers 18.90 TotaIFTE 19.70 Part Time Positions (PTE) 0.05 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • GIS — inventorying and displaying assets for management of infrastructure Approved Budget February 1, 2012 TE - 9 Q Sidewalk Maintenance Service The Sidewalk Maintenance Service provides pedestrians with safe and functional sidewalks, walkways and access ramps. The service consists of maintenance of concrete, asphalt and brick infrastructure; installation and maintenance of access ramps; maintenance of grass medians and other greenspaces; mitigation of the effects of snow and ice during winter months; and effective lifecycle management of sidewalk assets. Well maintained, connected and accessible sidewalk infrastructure allows all pedestrians to safely exercise or gain access to schools, businesses, public transit or other destination. Service Delivery In ensuring sidewalk maintenance is effective in providing the public with a safe and efficient pedestrian network, the City delivers several programs as part of its service delivery. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Sidewalk Maintenance Programs Focus on asset management and integrated planning Accessible municipal sidewalk, walkway and trail network o Sidewalk Maintenance Economic uncertainty, inflation, and supply and cost of materials Global weather conditions and impact on safety and infrastructure N Sidewalk Snow and Ice Control Maintained infrastructure that connects neighbourhoods Innovation in maintenance techniques and methodologies Organizational capacity Expectation for safe, functional sidewalks with timely service response Approved Budget February 1, 2012 TE - 10 at. 2011 Sidewalk Maintenance Service Accomplishments and Performance • Alternate and more effective method of removing trip hazards by grinding sidewalks commenced in 2011. This initiative results in a faster and less expensive process for repairing sidewalks. • Five times as many Sidewalk Maintenance Job Orders are expected to be completed in 2011 compared to 2010. • Developed and implemented the Service Request Priority Guidelines by prioritizing maintenance activities leading to increased efficiencies. Prioritized activities were based on citizen requests and the first full inspection of sidewalk inventory condition completed in 2011. • The primary service objective for winter sidewalk maintenance was met 15% of the time and 31% of the time for the secondary objective (chart right). Issues occurred during storms of higher severity due to reduced equipment availability (winter operations are hard on equipment). Clearing sidewalks of snow is hampered by plowing operation on City streets. In some situations, objectives could not be measured accurately as new storms started within the timeframes set out in the service objectives (therefore, no data). 2012 Initiatives, Major Projects, and Sidewalk Maintenance Service Delivery Highlights • Continue to repair trip hazards with more efficient grinding equipment. • Continue to improve accessibility of sidewalks by installing Access Ramps. • Complete a full re- inspection of 50% of the City's sidewalk system to proactively identify Trip Hazards. • Work toward transferring data on inventory of sidewalk assets to City's GIS system. Approved Budget February 1, 2012 MIN TE -11 Percent kilometres of sidewalks plowed to service level standards by storm event. 2010 -2011 Winter Storm Season ■ Primary Standard Secondary Standard ♦ Storm Severity Index v 100% 80 C 70 x N 80% ou 60 c 60 Y � ♦ 40 ' Y 40% 30 in £ 0 �+ zo N 20% a 10 0% 0 ti° titi titi titi titi titi titi titi titi titi titi titi titi ,yo ,yo ,yo ,yo ,yo ,yo ,yo ,yo ,yo do ,yo do ,yo ¢� a� a� ac ac 10 ¢o ¢o ¢Q ' p l l > Sr F F F F F F P °3' tiry ti� by ti� oy o$ ti°` tih' tiw oy 2012 Initiatives, Major Projects, and Sidewalk Maintenance Service Delivery Highlights • Continue to repair trip hazards with more efficient grinding equipment. • Continue to improve accessibility of sidewalks by installing Access Ramps. • Complete a full re- inspection of 50% of the City's sidewalk system to proactively identify Trip Hazards. • Work toward transferring data on inventory of sidewalk assets to City's GIS system. Approved Budget February 1, 2012 MIN TE -11 Sidewalk Maintenance Program - Service Levels and Resources Repair Priority 1 Trip Hazards (sidewalks that provide direct access to pedestrian generators with lips or gaps of 25 mm or greater) within 2 weeks of receiving a request between May and October and within 7 months between November and April. Repair Priority 2 Trip Hazards (sidewalks that do not provide direct access to pedestrian generators with lips or gaps of 25 mm or greater) within 6 months of receiving a request between May and October and within 12 months between November and April. Installation of barrier free accesses to sidewalks at crosswalks. • Approximately 150 trip hazards repaired annually • 10 new access ramps installed annually Mowing of medians and other • As required greenspaces around sidewalks will not be completed as part of service delivery other than are required in areas where sight -lines are obstructed. Approved Budget February 1, 2012 • The service strives to provide maintenance that ensures there is a clean, clear, accessible and safe place for pedestrian traffic, focusing on (1) repair or replacement of sidewalk sections to eliminate trip hazards and (2) installation of access ramps ensuring sidewalks are accessible to everyone. • Pedestrian safety improves with repair to trip hazards. • Mitigate liability to City with respect to trips and fall resulting in injury to the public. • Lower priority trip hazards remain unrepaired, with a small chance of causing injury. • Improve accessibility to the sidewalk and walkway network for everyone. • Mowing of greenspaces around sidewalks will focus on public safety issues resulting in areas of the City that may not be as aesthetically pleasing. W-11 Wages & Benefits $381,993 Goods & Services 175,753 Total Expenditures $557,746 Full Time Equivalent Positions (FTE) Management 0.40 Inside Workers 0.30 Outside Workers 5.00 TotaIFTE 5.70 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • GIS — inventorying and displaying assets for management of infrastructure TE -12 Sidewalk Snow and Ice Control Program - Service Levels and Resources Plow 61% of the sidewalks in the City to the standards set out below 95% of the time. a) plow a pedestrian passage: • Priority 1 within 12 hours • Priority 2 and 3 within 24 hours • Priority 4 within 72 hours b) plow to a walking surface with traction standard • Priority 1 within 2 days • Priority 2 and 3 within 3 days • Priority 4 within 4 days Approved Budget February 1, 2012 242.38 km of sidewalks plowed based on the following criteria: • Higher pedestrian volumes (close proximity to retail areas, SJ Transit bus stops, schools) • Continuity of a pedestrian system • Sun exposure in melting snow and ice • Efficiency of servicing by sidewalk plowing equipment • Higher vehicle volumes or speeds • The service strives to remove snow from a portion of the City's sidewalk infrastructure during and after winter storm events that include salting and sanding operations, supporting the safe, efficient flow of pedestrian traffic in a portion of the City. • With the right- sizing of equipment to support snow control operations, the public should expect that initial response (or first pass) to sidewalks may occur later than in past winter weather seasons. Q110, Wages & Benefits $375,554 Goods & Services 386,648 Total Expenditures $762,202 Full Time Equivalent Positions (FTE) Management 0.30 Inside Workers 0.20 Outside Workers 4.80 TotaIFTE 5.30 Critical Internal Service Support • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • Communications — notifications, assists in public awareness of service expectations • Insurance — claims for damage to private property from city vehicles and trip and fall claims • Legal — defense of trip and fall claims • GIS— Inventorying and displaying assets for management of infrastructure TE -13 Pedestrian & Traffic Management Service The Pedestrian & Traffic Management Service provides motorists, cyclists and pedestrians with safe, efficient, organized and synchronized use of the transportation network and maximizes the benefit of the system for all users. This service promotes use of best practices and standards of the Transportation Association of Canada and consists of year round maintenance of traffic signals, pedestrian signals, marked /signed crossings, stop signs, and other warning, directional, regulatory (e.g., parking), and informational (e.g., street name) signage. The service is also responsible for painting lane lines, crosswalk lines and directional arrows on municipal streets for vehicular traffic control. Service Delivery In ensuring the public is provided with a safe and efficient multi -modal transportation network, the City delivers several programs as part of its service delivery. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Pedestrian and Traffic Management Programs WTraffic Maintenance W Traffic Enhancements Approved Budget February 1, 2012 Focus on Asset Management and integrated planning Accessibility to various sustainable modes of transportation Economic uncertainty, inflation, and supply and cost of materials Environmental considerations in traffic management Regulations, legislation, industry best practices related to roadway safety Innovation in maintenance techniques and methodologies Organizational capacity; Cooperation with enforcement officers Land development that changes traffic flow and demand Road users' knowledge in and participation in following traffic rules IRU TE -14 2011 Pedestrian & Traffic Management Service Accomplishments and Performance • A comprehensive bike lane on Main Street and the Viaduct was installed in 2011. An enhanced pedestrian route along these streets continued from 2010. Both systems were a result of the required closure of Harbour Passage. • All crosswalks around schools were painted prior to the start of the 2011 -2012 school year. • Installation of more durable crosswalk line marking materials continued in 2011 with focus around some schools. • An Accessible Pedestrian System was installed at the Manawagonish / Church / Main intersection. Similar upgrades to Consumers / Westmorland, Crown / Dunlop, and Hilyard / Simonds are ongoing in 2011. • A comprehensive traffic signal infrastructure inspection program commenced. • A comprehensive traffic sign infrastructure inspection and inventory program commenced. • Bike racks installed at 5 locations in Uptown Saint John. • Developed and implemented Service Request Priority Guidelines that supports prioritizing maintenance activities. The goal is to improve efficiency in responding to citizen requests for service. • Purchased vehicle counting hardware and optimization software in 2011 to improve decision making and decrease delays at intersections. • A Traffic Calming Policy is being developed. • 100% of traffic markings inventory (hatches /arrows /crosswalks /lane stop lines) and 98% of traffic lane lines inventory has been completed. 2012 Initiative, Major Projects and Pedestrian & Traffic Management Service Delivery Highlights • Implement Traffic Calming Policy with completion of three Traffic Calming Plans for different neighbourhoods. • Complete a Transportation Master Plan (that supports Plan SJ). • Continue to install Accessible Pedestrian Systems at signalized intersections. • Improve access across Westmorland Road for pedestrians of all abilities. • Improve traffic flow along Loch Lomond Road. • Create Traffic Signal Infrastructure specifications. Approved Budget February 1, 2012 221 TE -15 Traffic Maintenance Program - Service Levels and Resources Annual painting of all traffic lines and required street markings (based on previous markings) Maintenance of signalized intersections with a focus on proactively replacing worn out equipment: • Temporary solution to Priority 1 signal maintenance activities such as malfunctioning red /amber lights, removed or loose poles and lights to be completed within 24 of a request with a permanent solution to follow. • Priority 2 signal maintenance activities such as malfunctioning low volume intersection or some preventative maintenance tasks to be completed within 1 month of a request. Maintenance of the City's inventory of traffic and information signage: • Priority 1 sign maintenance activities (missing Stop and Yield signs) to be completed within 8 hours of a request • Priority 2 sign maintenance activities (missing Warning, Pedestrian crossing, School Zone, or Street Name signs) to be completed within 1 month of a request Approved Budget February 1, 2012 • 350 kilometres of traffic lines • 3,300 traffic markings including crosswalks • 67 signalized intersections • 23 red /amber flashing lights • 9 signalized pedestrian crossings • Inspection and inventory of signalized intersections infrastructure to continue • 2,000 (approximately) maintained / installed annually • Inspection and inventory of sign infrastructure to continue • The service strives to improve safety and flow of movement for pedestrian, bicycle, and vehicular traffic. • Current inventory of traffic control markings and signalization can be maintained. • Delayed replacement of line painting vehicle and equipment and the reduction of part -time employees i.e., students) will impact the ability of the service to implement enhancements (e.g., bike lanes) and continue the risk of not refreshing all traffic lines and markings by year's end. • Lower priority requests (important to a small number of citizens) as well as resource - intensive higher priority requests will be delayed. • PlanSJ recommendations for additional markings (i.e., crossings, bike lanes), signalization for alternative modes of transportation, and signage will be delayed or deferred. • Planned purchase of diagnostic tools will enhance signal infrastructure inspections. • High priority signage can be maintained in a timely manner, lower priority (e.g., parking and guide signs) will take longer to replace. WA Wages & Benefits $710,603 Goods & Services 522,844 Total Expenditures $1,233,447 Revenue $20,000 Full Time Equivalent Positions (FTE) Management 0.30 Inside Workers 2.00 Outside Workers 8.00 TotaIFTE 10.30 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • GIS — inventorying and displaying assets for management of infrastructure TE -16 Traffic Enhancements Program - Service Levels and Resources Priority 1 traffic enhancements that meet the following criteria to be completed within 1 year of request: • Potential immediate hazard to road users • Intersections that experience a Failing Level of Service • Potential pedestrian crossings providing direct access to high pedestrian generators • Traffic calming projects —at least 3 projects of highest priority Complete traffic signal infrastructure standards. Approved Budget February 1, 2012 • Investigation and /or implementation of 100 traffic enhancements annually including: • Traffic calming measures • Parking restrictions • Traffic lights • Bike lanes • Pedestrian Crossings • Street lights • Current set of standards • The service strives to improve safety and enhance the flow of movement for pedestrian, bicycle, and vehicular traffic. • Service delivery is focused on the highest priority requests required to improve traffic safety and movement with manageable resource levels required to investigate, design, build and maintain are implemented. • Planned completion of signal infrastructure standards in 2012 will promote consistent and proactive installations 223 Wages & Benefits $227,078 Goods & Services 159,613 Total Expenditures $386,691 Full Time Equivalent Positions Management 0.50 Inside Workers 1.00 Outside Workers 2.00 Total FTE 3.50 Administrative / Other Support Services • Human Resources — staffing / training • Communications — notifications, assists with public awareness of service expectations TE -17 Stormwater Maintenance Service The Stormwater Management Service provides neighbourhoods, roadway users and adjacent property owners Focus on asset management and preventive maintenance with functional public drainage systems: the minor (piped) component designed to convey runoff from a 1 in 5 -year level Expanding infrastructure storm and the major (overland) system a 1 in 100 -year return Combined sewers period storm. The service utilizes various techniques and Economic uncertainty, inflation, and supply and cost of materials processes to maintain the integrity of drainage courses, ditches, Changing weather conditions culverts, storm sewers, combined sewers (through SJ Water), Regulations around stormwater retention and management manholes and catch - basins. The service involves a Organizational capacity comprehensive system of inspection, preventive maintenance and repair of drainage systems, and reporting on infrastructure Public expectations related to stormwater management and response condition. 2011 Stormwater Management Service Accomplishments and Performance Developed and implemented Service Request Priority Guidelines that supports prioritizing maintenance activities. The goal is to improve efficiency in responding to citizen requests for service. • Developed and implemented a catch basin preventative maintenance program to identify infrastructure deficit required to plan maintenance and determine replacement costs. 2012 Initiatives, Major Projects and Stormwater Maintenance Service Delivery Highlights • Develop and implement a Stormwater Retention Pond Preventative Maintenance Program. • Complete ditching and culvert inventory and condition assessment. • Ongoing stormwater drainage basin and local drainage projects. Approved Budget February 1, 2012 WE TE -18 Stormwater Maintenance Program - Service Levels and Resources Preventative maintenance of stormwater • 450 m stormwater lines flushed and piping infrastructure: inspected • Stormwater lines flushed and inspected • 950 catchbasins annually • Catchbasins cleaned on a 7 - year cycle Complete 75% of all Priority 1 Critical or Emergency Service Requests - hazard to persons or property, catastrophic causing interruptions to service delivery. Response is within the construction season (April to October) Approved Budget February 1, 2012 • The service strives to effectively control Wages & Benefits $1,142,762 erosion and mitigate potential damage Goods & Services 2,181,376 caused by flooding Total Expenditures $3,324,138 • Removal of material from the piped Full Time Equivalent Positions (FTE) system to prevent blockages and failure Management 0.70 Inside Workers 2.30 Outside Workers 14.20 TotalFTE 17.20 • 400 m of stormwater lines repaired • Permit overland drainage of water off • 20 culverts replaced of roads and away from properties to • 25 structures repaired / adjusted mitigate flooding • 3 local drainage projects • 3 km ditching f�.y -V Part Time Equivalents 0.35 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • Communications —flood warnings, preparedness notifications • Insurance— claims for damage to private property from flooded basements • Legal — defense of liability for flooded basements as necessary TE -19 Solid Waste Management Service The Solid Waste Management Service provides effective and efficient collection and disposal of refuse and compost waste to residential households. Working with the public, the goal is to achieve optimal waste diversion and to reduce environmental degradation. Collection is carried out in accordance to the Solid Waste By -law and the guidelines set out by the Fundy Region Solid Waste Commission Focus on sustainability (waste diversion) Regional partnership relationships, landfill operations Illegal dumping considerations Geographic characteristics of the community Changing customer base (residential mix in relation to commercial) Organizational capacity, nature of labour intensive work Public expectations related to collection and diversion 2011 Solid Waste Management Service Accomplishments and Performance • Completed a comprehensive Operational and Financial Analysis of the In -house Collection Model with recommendations accepted by Council. • Completing collection routes within an eight (8) hour shift at least 95% of the time remains a challenge. The chart to the right illustrates the percentage of collection routes completed within an 8 hour shift (inclusive of contractors and City forces). However, the results show a steady improvement in the efficiency of service delivery over previous years. Two factors likely contribute to the service's ability to meet this objective: 1) large geographical area of Saint John and the distance and time required to travel to the landfill and 2) volume of residential refuse resulting in more trips to the landfill to dispose of refuse required more time to complete collection routes. • 3,056 bulky items were collected from 1,311 households to the end of October 2011. Approved Budget February 1, 2012 PIK's v v CL E 0 v v 0 c U t CL 120% 100% 80% 60% 40% 20% 0% Pecentage of collection routes completed within an 8 hour shift in 2011. Refuse Compost ♦ Tonnage Tonnage ti Target 95% 1,200 1,000 800 600 400 0 200 0 TE -20 2012 Initiatives, Major Projects and Solid Waste Management Service Delivery Highlights • Move to collection of all residential household units with City forces for September 4, 2012. • Report to Council regarding Strategic Service activities such as recycling programs. Solid Waste Collection Program - Service Levels and Resources Ensure all residential refuse and compost collection routes are completed within an eight (8) hour shift not less than 95% of the time. Annual delivery of Bulky Item Pick -Up (scheduled) and White Goods Drop -Off programs. Partner with community organizations to assist improving the local environment. Approved Budget February 1, 2012 • 22,190 residential household units covering 34 City administered routes and 19 contracted routes (all City after September 4, 2012) approximately 12,152 tonnes of refuse and 3,359 tonnes of compost (2010) • Year round bulky item pick -up (Wednesday scheduled pick -up) with approximately 3,545 items collected • 4 White Good Drop -Off days (May & October) with approximately 530 items collected • 1,000 gloves /1,500 bags and garbage pickup to 23 neighbourhood cleanups in ACAP partnership • Waste Reduction Week / Yard Waste Program (Partnership with Fundy Region Solid Waste to promote awareness, funding component) • The service strives to provide efficient Wages & Benefits $812,753 collection of refuse and compost for Goods & Services 3,152,887 residential households. Total Expenditures $3,965,640 • Solid waste collection improves Revenue $80,488 quality of life by creating a healthy, clean place to live work and play. Full Time Equivalent Positions (FTE) • Supporting waste diversion programs Management 0.80 contributes to a sustainable Inside Workers 0.40 environment. Outside Workers 10.70 TotalFTE 11.90 1800 Part Time Positions 0.05 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Human Resources — staffing / training • Communications — assists with public education • Legal — support by -law enforcement TE -21 Transportation & Environment Engineering The goal of the Transportation & Environment Engineering program is to provide professional engineering and technical staff resources for engineering support, design and construction management for projects related to capital programs for the improvement of municipal infrastructure and to ensure the integrity of that system through the implementation of sound engineering standards. The program also includes Development Support. 2011 Engineering Accomplishments and Performance • In 2011 the following major Street Reconstruction projects were undertaken and completed, greatly improving the City's transportation network: o Kennebecasis Drive Culvert & Road Reconstruction o Westmorland Road Reconstruction o Westfield Road Reconstruction o Bleury Street Reconstruction o Market Place Reconstruction 2012 Initiatives, Major Projects and engineering Service Delivery highlights • The major initiatives for 2012 will be to continue with improvements to the stormwater systems to reduce flooding occurrences. Stormwater projects will be designed and constructed in the following areas: o Brentwood Stormwater Detention Ponds o Milford Drainage Basin o Honeysuckle /Sherbrook Street Drainage Basin Approved Budget February 1, 2012 O-K-1j TE - 22 Transportation & Environment Engineering - Service Levels and Resources Provide design and construction management for the annual General Fund Capital Program —Storm and Transportation Categories Support annual review and revisions to general specifications Approved Budget February 1, 2012 • Infrastructure projects designed and constructed and outlined in the Capital program submission • Updated general specifications • Sound engineering design and construction management is essential to provide an efficient transportation network and to protect the environment by providing infrastructure that is built properly using sound engineering standards. • The development and application of sound engineering standards ensures the long -term integrity of the City's transportation network and storm systems. Met, Wages & Benefits $379,686 Goods & Services 79,665 Total Expenditures $459,351 Revenue $1,500 Full Time Equivalent Positions Management 0.25 Professional 2.00 Inside Workers 2.00 TotaIFTE 4.25 Part -Time Positions 0 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — engagement of consultants and contractors • Human Resources — staffing / training • Legal — land issues, agreements • Real Estate — land issues, acquisition • IT — support of software for design and asset inventory TE - 23 Parks & City Landscape Service The Parks & City Landscape Service provides citizens and visitors to the community access to parks and open green spaces for their recreational and leisure needs. Service delivery is achieved through the development, operation and maintenance of all community parks, squares, trails, tourist sites, and City right of ways, the preservation and protection of our natural areas, and urban forestry operations and initiatives. Service Delivery In ensuring parks and city landscape maintenance is effective in improving the environment, the City delivers several programs as part of its service delivery. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Parks & City Landscape Programs W Parks Maintenance W Urban Forestry Approved Budget February 1, 2012 Focus of sustainability, asset management, expanding infrastructure Regulatory and legislative requirements related to maintenance Economic uncertainty, inflation, and supply and cost of materials Global weather conditions and impact on trees and plants Geographic area of Saint John Vandalism Organizational capacity Public expectations for the provision of parks and trails IWIC TE -24 2011 Parks & City Landscape Accomplishments and Performance • New bike trails developed in Shamrock Park, two bike trails totaling 2 kilometres. • Improvements to Dominion Park including new perimeter fencing and gate, painted benches and picnic tables. • Supported the development of greenspace next to the Romeo and Juliet Ferry Landing. Work was completed in conjunction with a neighbourhood development group. • New walking trail developed in Milford. • Rockwood Park hosted a trail development day with interested stakeholders. • Park improvements at Jervis Bay — Ross Memorial Park in conjunction with local area residents. • Mapped all existing multi - purpose trails (over 40 kilometres) throughout Rockwood Park. Materials have been published for the public that include the location of all trails and amenities. • Helped develop new community gardens at Shamrock Park. • Supported beautification efforts at local area schools. • Provided leadership and technical support for the 12th year of Marigolds on Main. • Supported the refurbishment of Hooper statues at Loyalist Plaza. • Supported neighbourhood cleanup efforts at KBM and Martinon Community Centres. • Provided resources and assistance for special events (South End Days, Earth Day, Canada Day, New Brunswick Day, Labour Day, Marathon by the Sea, Marsh Creek Eco- Challenge, Pavilion Cup, Soap Box Derby). • Excavation and sitework for Shards of Time sculpture on Harbour Passage. • Supported the Queens Square Farmers Market and Harvesting the Arts Festival. Approved Budget February 1, 2012 231 Percentage of Citizens Satisfied with Parks and Trails 100% v a0% . v o 60% u v 40% v o aLn 20% 0% 2009 2010 2011 Citizen satisfaction is an indicator of how well service delivery is addressing the community's needs. Satisfaction with service is determined through an independent survey of Saint John citizens. Over the last three years, it is clear that citizens are very satisfied with park and trail systems in the community. Satisfaction results in Saint John are consistent with municipal norms calculated by the consultant (Ipsos Reid) of 90 %. TE - 25 2012 Initiatives, Major Projects and Parks & City Landscape Service Delivery Highlights • Complete trail signage program for Rockwood Park. • Continued efforts to improve highway signage for Rockwood Park. • Maintain minimal marketing efforts to promote Rockwood Park and other park spaces in Saint John. • Reduced support for special events in Rockwood Park. • Complete Play SJ process for new Strategic Plan for Parks and Recreation. • Limited parks and greenspace improvements. • Reductions in seasonal maintenance crews from April to October will result in a lower level of maintenance leading to plant material degradation and loss of green space utility for the general public. • No lifeguard program at City of Saint John beaches this summer. • No maintenance or support for Mispec Beach this summer. • Establish a street tree inventory that will result in more timely, efficient preventative maintenance efforts and result in an improved tree canopy in the City . Approved Budget February 1, 2012 i•.� N TE - 26 Parks Maintenance Program — Service Levels and Resources Year round daily maintenance of Rockwood Park including: • Mowing, snow removal, planting, leaf removal, turf maintenance, tree planting, tree pruning, lighting maintenance, fertilizing, watering, pruning, garbage clean up and removal. • Cross country and snowshoeing trails maintained • Mountain biking and general use trail system maintained Year round daily maintenance of 14 community parks including: • Mowing, snow removal, planting, leaf removal, turf maintenance, tree planting, tree pruning, lighting maintenance, fertilizing, watering, pruning, garbage clean up and removal • Christmas decoration, set up and removal • Water features maintenance. Approved Budget February 1, 2012 2,200 acres of nature park space available for public use year -round 56 kms of general use and wilderness trails maintained • 30 acres of community parks, such as • King's Square • Queen Square • Loyalist Burial Grounds • Harbour Passage • Victoria Square • 90,000 annuals planted annually Service strives to improve the urban environment by offering highly maintained parks, greenspaces, trails and tourist sites. These greenspaces provide people with safe and beautiful spaces for both leisure and active pursuits. • A wide range of trails are available to make active living easily accessible to citizens of all fitness levels and age groups. • A first class nature park is available and easily accessible in the city core, which promotes healthy living through connection with nature. • Environmental benefits include better air quality, increased water retention and reduction of noise and pollution. 233 Wages & Benefits $1,208,095 Goods & Services 876,866 Total Expenditures $2,084,961 Full Time Equivalent Positions (FTE) Management 1.40 Inside Workers 2.25 Outside Workers 9.05 Total FTE 12.70 Part Time Positions 18.00 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Facilities Management— building maintenance and capital improvements Human Resources — staffing / training Communications — signage and promotion of facilities, communication material development TE - 27 Parks - Resources and Service Levels Continued... City right -of -way turf maintenance and Tourist Information Center maintenance: • Seasonal mowing and trimming • Soil and pest management as determined necessary by trained staff • General clean up and garbage removal • Washroom cleaning and maintenance • 134 acres of turf maintained (right -of- way) • 6 Tourist Information Sites maintained Seasonal operation and maintenance of • public beaches: • Greenspace maintenance, beach cleaning, and garbage removal Support various community projects Approved Budget February 1, 2012 Public access (unsupervised) to 5 beaches open 7 days a week from June to September • Dominion Park • Lily Lake • Little River Reservoir • Tucker Park • Fisher Lake • Marigolds on Main - Support planting of 300,000 marigolds with school children, and all subsequent maintenance • Flag Maintenance - Raise and lower all city flags. Replace as necessary • Community Gardens - 3 Community gardens established and maintained — soil, fencing, water • Christmas Decorations — Uptown SJ Christmas Tree program and lighting • Beautiful public spaces increase property values and promote community building through citizen interaction. • All visitors can easily access Saint John parks and see the pride taken in our community. • Right of ways maintained to safe driving standards. • Orderly City appearance maintained to foster respect for all public spaces. • Active living options for entire families which encourages healthy lifestyles and community building through recreation and leisure activities. • Respect shown to other regions of the province and country, and also to veterans through proper flag display etiquette. • Environmental awareness raised through local food production and community pride instilled in citizens at a very young age. • Establishing strong working relationships between local government and community groups working for positive change. 091:1! TE - 28 Urban Forestry Program — Service Levels and Resources Maintain existing streetscape tree canopy • 200 trees maintained (pruning, no through the timely removal, maintenance fertilizing) annually (pruning, fertilize) • 25 unhealthy /dead trees removed Increase urban forestry canopy by • 138 trees planted (new and planting new and replacing unhealthy replacements) existing trees Respond to citizen requests for tree • Average annual of 198 service hazards within 3 days (assessed for safety requests for tree removal or immediately) maintenance Response to special community -based groups requests (Christmas decorations, banners and flags, parks improvement) • Approximately 50+ special requests requiring various amount of effort • Service strives to eliminate hazards and Wages & Benefits $206,933 improve the health and aesthetics of Goods & Services 124,923 the urban environment. Total Expenditures $331,856 • Resources support efforts to achieve international municipal urban forestry standards, so the community can realize the full benefit the urban forest (e.g., stormwater mitigation, increase in asphalt life expectance, improving air quality, aesthetics). Full Time Equivalent Positions (FTE) Management 0.25 Outside Workers 2.95 TotaIFTE 3.20 Part -Time Positions 6.00 • Service delivery is reactive to hazards. Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Facilities Management— building maintenance and capital improvements • Human Resources — staffing / training Approved Budget February 1, 2012 TE - 29 Wei Sports and Recreation Facilities Service The Sports and Recreation Facilities Service is a public service that provides all citizens with access to a wide range of indoor /outdoor sport and recreation opportunities. This service is delivered through the scheduling, booking and maintenance of facilities that include sport fields, arenas, parks, playgrounds, and beaches. The service also provides event management support and coordination of special community events. Service Delivery In ensuring sports and recreation facilities maintenance is effective in providing spaces for citizens to recreate and enjoy leisure activities, the City delivers several programs as part of its service delivery. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Sports and Recreation Facilities Maintenance Programs Approved Budget February 1, 2012 Focus of sustainability and asset management for aging facilities Expanding facilities require adequate maintenance funds Number of facilities for population Economic uncertainty, inflation, and supply and cost of materials Growth and diversity in population (age, culture, accessibility) Recreation recognized as a community priority Regulatory requirements for turf maintenance Public expectations for the provision of recreation facilities Formal agreements for maintenance of provincial (school) facilities 0911. TE - 30 2011 Sports & Recreation Facilities Accomplishments and Performance • Ice Allocation Policy initiated, ensuring more efficient and equitable allocation of ice time • Operation of two (2) new splash pads — Rainbow Park and Fleming Court • Initiated the process of developing a new strategic master plan for sport and recreation facilities and programming. The goal is to ensure that the inventory of recreation facilities and programs address the needs of residents. • Improvements to Dominion Park including new perimeter fencing and gate, painted benches and picnic tables • Removal of old playground equipment and site preparation to support installation of new playground at Anglin Drive • Trial installation of new'Eco- Patinoire' water conditioning system at arenas that may save on energy costs and improve ice quality • Customer service improvements at arenas such as contact information for service requests, nameplates and uniforms for arena attendants, free Wi -Fi • New energy efficient lighting system and low emissivity ceiling installed at Hilton Belyea Arena. 2012 Initiatives, Major Projects and Sport and Recreation Facilities Service Delivery Highlights Percentage of Citizens Satisfied with Sport and Recreation Facilities 100% .v 80% �_ i 60% v� 3 40% ee v 0 Ln 20% 0% 11A 1 2009 2010 2011 Citizen satisfaction is an indicator of how well service delivery is addressing community needs. Satisfaction with service is determined through an independent survey of Saint John citizens. Over the last three years, results have remained consistent with citizens being generally satisfied with recreation facilities. These results are below the municipal norm calculated by the consultant (Ipsos Reid) of 87 %. • Develop turf maintenance schedule that supports best practices of Integrated Pest Management. • Complete Play SJ process for new Strategic Plan for Parks and Recreation. • Install new water conditioning system at another arena to save on energy costs. • Close underutilized sportsfields and consolidate play on fewer fields. • Increases to rental rates for arenas and sportsfields. • Reduced subsidy for arena youth sports. Approved Budget February 1, 2012 W'/ TE -31 • 2012 Spring /Summer ice allocated and managed by City of Saint John to allow for more equitable access for all program operators. • Reduced promotion and communication of facilities and events. Arena Maintenance Program — Service Levels and Resources Maintain ice daily at 4 civic arenas for public use and organized sporting groups Lobby, bathrooms, locker rooms, bleachers, multi - purpose room cleaned daily. Approved Budget February 1, 2012 • 4 ice surfaces • Gorman Arena • Stu Hurley Arena • Peter Murray Arena • Belyea Arena • 12,600 hours (approximate) of available Ice time • 10,245 hours ice time booked • Booked at 82% capacity • Approximately 12 ice floods daily (hourly after each booking or public skate) • Youth Sport Subsidy $165,361 • Regular cleaning throughout the day • Service strives to provide quality, safe arenas and ice time for recreational opportunities for all residents to enjoy. • City arenas available for public use 12 hours per day, 7 days per week from mid October to the end of March. • All prime time (4 pm to 11 pm Monday to Friday and all day Saturday and Sunday) ice booked with availability during other times of the day ICATt1 Wages & Benefits $797,387 Goods & Services 457,512 Total Expenditures $1,254,899 Revenue $786,879 Full Time Equivalent Positions (FTE) Management 0.60 Outside Workers* 11.50 Total FTE 12.10 * FTE based on 26 weeks (seasonal operations) Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Facilities Management — electrical, plumbing, carpentry work • Human Resources — staffing / training • Communications — promotion of facilities TE - 32 Sportsfield Maintenance Program - Service Levels and Resources Class A Fields — Complexes with multiple field surfaces, lights and amenities: • Aerate, topdress, fertilize, overseed completed mid - season and fall • Mowed weekly • Lined per game schedule • Clean -up weekly • Washroom cleaned daily Class B Fields — Lower use, single sportfields with no lights or amenities: • Mowed every 1.5 weeks • Response to requests (timing, clean- up) as time permits Class C Fields — Neighbourhood greenspaces that see very limited use: • Mowed every 1.5 weeks • Response to requests (timing, clean- up) as time permits Approved Budget February 1, 2012 • 4 Complexes (Shamrock, Memorial, Forest Hills, Allison Grounds) consisting of 15 Class A Fields • 76,942 square meters of sports turf maintained • 35,840 hours of booking time available (all fields) • 11,735 hours booked (representing 33% of available capacity) • 9 Class B Fields (e.g., Havelock, Beaconsfield, East Saint John) • 7 Class C Fields (e.g. Quinton Heights, Thornborough, Barrack Green) • Service strives to provide quality, safe sports fields for recreational opportunities for all residents to enjoy. • The goal is to maintain facilities to accepted standards (aesthetics and safety) to encourage involvement in structured recreational activities and attract tournaments or special events. MOC Wages & Benefits $735,126 Goods & Services 473,133 Total Expenditures $1,208,259 Revenue $106,700 Full Time Equivalent Positions (FTE) Management 0.60 Inside Workers 0.25 Outside Workers* 9.20 TotaIFTE 10.05 * FTE based on 26 weeks (seasonal operations) Part Time Positions 5.00 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Facilities Management — electrical, plumbing, carpentry work • Human Resources — staffing / training • Communications — promotion of facilities TE - 33 Other Facility Maintenance Program — Service Levels and Resources Splash Pads: • 2 splash pads (Rainbow Park and • Filter cleaning twice per week Fleming Court) • Garbage and washroom cleaning daily • Maintenance of system contracted to Canada Games Aquatic Centre Playgrounds: • 69 playgrounds • Inspected once per season (June - September) • Remove or replace broken equipment as required Tennis Courts: • Putting nets up and down (seasonally) • Maintain windscreens • Litter pick -up daily Basketball Courts: • Nets maintained on request Approved Budget February 1, 2012 • Maintenance only at Shamrock Park (although 31 tennis courts City wide) • 40 courts (e.g., Rainbow Park, Dominion Park, Rockwood Park) • Service strives to provide quality, safe playgrounds, tennis courts, basketball courts, and splash pads for recreational opportunities for all residents to enjoy Q,K Wages & Benefits $168,841 Goods & Services 128,814 Total Expenditures $297,655 Full Time Equivalent Positions (FTE) Management 0.10 Outside Workers* 2.30 TotaIFTE 2.40 * FTE based on 26 weeks (seasonal operations) Part Time Positions 1.00 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — supply of materials • Facilities Management — building maintenance and capital improvements • Human Resources — staffing / training • Communications — promotion of facilities TE - 34 Urban Environment Services Overview The Urban Environment Services team delivers services that support the community in achieving its long- 'creating . safe, term vision of being a safe, livable community where people have a sense of belonging. Services are livable delivered to help improve quality of life and social well -being of all citizens with a focus on creating safe neighbourhoods that provide opportunities for individuals to develop and grow together through recreation, Neighbourhood culture, leisure activities and public involvement. Improvement Service Organizational Goals Recreation & Cultural Programming Service To establish the City of Saint John as a service - based, results oriented, high performance public service organization. Fire Services Service Based Results Oriented High Performance Emergency Management • Considering the needs of the • Creating a safe, livable • Collaborative, strategically Service community as a whole community minded workforce • Creating opportunities for • Improving quality of life and • Culture focused on citizen feedback and input social well -being of residents contributing to community • Responding effectively and • Building capacity in citizens goals through service delivery efficiently to address through recreation, culture • Resource conscious and community needs and leisure opportunities accountable for results Approved Budget February 1, 2012 U - 1 lez,II Urban Environment Services Summary Approved Budget February 1, 2012 242 UE -2 2011 2012 2013 2014 Approved Expenditures Revenue FTE Projected Projected Neighbourhood Improvement Service Community Development 458,185 541,164 3.05 P.R.O. Kids 100,500 98,673 19,200 Total Service 558,685 639,837 3.05 Community Development/ Improvement Grants Mindcare NB (Three Street Hockey Championship) 5,000 - South End Days 1,000 Fusion Saint John - Pavilion Cup 5,000 2,500 Cherry Brook Zoo 60,035 60,035 Library 456,230 456,230 UNBSJ Capital Campaign 100,000 - Senior Citizens Center 1,000 - Seniors Citizen Centre Rent 30,000 41,000 Human Development Council 40,000 35,000 Human Development Council Rent 8,000 16,000 PRUDE Rent 22,000 52,000 Seafarer's Mission 1,500 1,000 Senior Resource Center 3,000 3,000 Key Industries 30,000 - St. Joseph Hospital Foundation 25,000 - Total Community Development / Improvement Grants 787,765 666,765 Recreation and Cultural Programming Service Recreation Programming 1,362,817 1,142,986 22,000 4.45 Cultural Affairs 111,459 111,048 1.00 Total Service 1,474,276 1,254,034 5.45 Approved Budget February 1, 2012 242 UE -2 Summary Continued... Approved Budget February 1, 2012 243 UE -3 2011 2012 2013 2014 Approved Expenditures Revenue FTE Projected Projected Arts & Culture (Grants & Other Funding) Imperial Theatre 321,714 320,817 Saint John Arts Center 74,976 74,767 Arts and Culture Board 90,000 30,000 Art Centre - Printing Press - - Shards of Time - 225 Legacy 30,000 - Public Art - Maintenance and Repair Budget 25,000 15,000 Symphony NB 5,000 - NB Arts Board (Public Art Reserve) 25,000 10,000 Opera New Brunswick 3,000 - Imperial Theatre Capital Campaign 25,000 - Jazz and Blues Festival -Salty lam 20,000 20,000 Saint John Theatre Arts 10,000 10,000 Festival de la Baie Francois 5,000 4,000 Fundy Bay Festival 15,000 - New Year / Canada Day Celebrations 17,500 15,000 Remembrance Day Ceremonies 2,000 2,000 NB Historical Society - Loyalist House 14,000 10,000 Unspecified Grants 20,000 23,000 Sculpture Symposium - 5,000 Total Arts & Culture (Grants & Other Funding) 703,190 539,584 Fire Services Fire and Suppression Service 20,218,368 19,446,868 141,000 149.65 Water Supply and Hydrants 2,200,000 2,200,000 Technical Rescue Service 81,320 55,981 0.35 Hazardous Materials Emergency Response Service 149,583 115,413 100,000 0.35 Fire Prevention Service 853,302 918,761 4,000 8.00 Fire Investigation Service 92,472 20,600 0.00 Medical First Responder Service 85,606 71,640 0.00 Total Service 23,680,651 22,829,263 158.35 Approved Budget February 1, 2012 243 UE -3 Summary Continued... *Footnote: Variance between the 2011 & 2012 budget allocation is a result of the organizational and service realignment and allocation of staff time to each sub - service. Approved Budget February 1, 2012 244 UE -4 2011 Approved Expenditures 2012 2013 2014 Revenue FTE Projected Projected Emergency Management Service 320,000 334,304 13,451 1.15 Police Services 22,899,426 22,724,065 800,000 Public Safety Communications 2,246,900 2,292,610 739,248 Street Lighting 1,070,000 1,070,000 Affordable Housing 25,000 - Urban Environment Services Budget $53,765,893 $52,350,462 168.00 *Footnote: Variance between the 2011 & 2012 budget allocation is a result of the organizational and service realignment and allocation of staff time to each sub - service. Approved Budget February 1, 2012 244 UE -4 Neighbourhood Improvement Service The Neighbourhood Improvement Service provides neighbourhood residents with tools and support to build resilient, healthy communities. It promotes and delivers community based projects and programs that contribute to sustainable neighbourhoods and healthy communities through facilitation, partnerships and use of City facilities. The service works with neighbourhood groups and associations to obtain the appropriate funding required to ensure that a variety of opportunities are accessible and inclusive for all citizens. Service Delivery In supporting resilient, healthy neighbourhoods in Saint John, the City delivers several programs. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Neighbourhood Improvement Programs ■ Community Development Id P.R.O. Kids "do Approved Budget February 1, 2012 Growth and diversity in population (age, culture, disability and accessibility) Diversity of needs among various neighbourhoods Changes in family unit Economic uncertainty, inflation, and supply and cost of service Focus on sustainable communities Organizational capacity; support from other services (e.g., parks, roads) Expectations for sustainable partnerships with community groups 245 UE -4 2011 Neighbourhood Improvement Service Accomplishments and Performance Community Development — Park Projects • Official Opening of the Rainbow Park and Fleming Court Splash Pads • Official Opening of the Rainbow Park Outdoor Ice Pad • Romeo & Juliet Park Development • Neighbourhood Park Revitalization Projects & Community Clean -up Days (Dominion Park, Jervis Bay — Ross Memorial Park, KBM, Martinon Community Centre, Crescent Valley, Earth Day Celebrations at Community Centres, Watershed Clean -up) • Development of the Shamrock Park Community Gardens • On -going support to Greater Saint John Community Garden and South End Rainbow Park Community Garden • Anglin Drive Tenants Association Playground Restoration Project • Emera New Brunswick Expansion to Lou Murphy Park —Trail Development Project • Community Development — Partnerships • Active member of the newly formed Fundy Wellness Network • Westside Food Bank at Carleton Community Centre — Increase in registration by 33% o Wellness Centres - Partnership with Horizon Health • Market Place Wellness Centre at Carleton Community Centre • HOPE Wellness Centre — Supported by City of Saint John • Horizon Health provides services such as specimen collection, social & education programs, consultation with social services and fitness programs for seniors. The service area is an active member of the program stakeholder committee for each centre. • Joshua Group facility use agreement at Somerset Community Centre • Little River Reservoir Park Development Project Proposal — Forming Partnerships Phase • Participating member on the Stonehammer Geopark committee • Community Development— Neighbourhood Development • Priority Neighbourhoods supported through the Neighbourhood Development Stimulation Grant Program (Vibrant Communities, Village Association, Teen Resource Centre, East Side Motivators, O.N.E. Change, Crescent Valley Resource Centre, People United in the Lower South End (PULSE), Westside PACT, Quality Learning NB Senior's Libraries) • Martinon Community Centre restoration project completed Approved Budget February 1, 2012 UE - 5 le •L [1. Community Development — Special Events / Program Support • Organizational support of Crescent Valley Days, Westside Days, South End Days, Olde North End Days • The service area received the Crescent Valley Tenants Association platinum award for involvement in the neighbourhood • The service area Leisure Services plays an active role with the Vibrant Communities Priority Neighbourhoods "Speak -Up" Program (Crescent Valley, Anglin Drive) o Rick Hanson "Man in Motion" 25 Year Celebration Tour o 22nd Annual Disability Awareness Week — Partnership with 10 Disability Organizations (Partnership Sustainability) P.R.O. Kids • Surpass 2011 goal of placing 1,000 youth in recreational and cultural programs. (2010: 929 placements / 2009: 762 placements) • Secured additional support through the Canadian Tire Jump Start Program • Expanded P.R.O. Kids program to City of Saint John Community Centres • 100+ sponsors of the program including: corporate, service clubs, grants, community organizations and personal donations • Coordination of 4 major fundraising events /activities (Annual P.R.O. Kids dinner, golf tournament, basketball tournament, equipment drives) • Facilitated funding processes to enable establishment of other local recreation programs 2012 Initiatives, Major Projects and Neighbourhood Improvement Service Delivery Highlights • Maintain the P.R.O. Kids program at 1,000 placements. • Reduction in the support of neighbourhoods through the Neighbourhood Development Stimulation Grants, External Community Centre Facility Assistance Grant, and organizational support of neighbourhood events and initiatives. Reduction in the neighbourhood engagement opportunities to improve quality of parks, playgrounds and recreation facilities due to decreased ability of other service areas to provide the necessary operational support (i.e. Sport & Recreation Facilities, Parks & City Landscape). Approved Budget February 1, 2012 Q, UE -6 Community Development Program Service Levels and Resources Encourage community -based organizations to be empowered to meet the needs of their neighbourhoods through forming partnerships and providing guidance, information and other available resources. Administer grants that community -based organizations may be able to leverage support from businesses and other levels of government for neighbourhood improvement initiatives. Provide planning assistance and advice to neighbourhood organizations; support implementation of community -based initiatives. Approved Budget February 1, 2012 60+ community partnerships & relationships maintained 240+ engagements with community groups, associations and agencies $150,000 Neighbourhood Development Stimulation Grants (Crescent Valley, Lower West side, Waterloo Village, Lower South End, Old North End, East Saint John) $75,000 External Community Centre Facility Assistance Grants (KBM, Martinon, Lorneville, Loch Lomond, Latimore Lake, Milford, Randolph) $1,500 in support of the Ability Advisory Committee • Support of 10 neighbourhood / community special events annually (e.g., South End Days, Canada Day, Neighbourhood Bike Rodeos) Build community capacity to respond to opportunities, issues and concerns at the neighbourhood level. Programs and services aligned to meet neighbourhood needs. Strong inter - neighbourhood relationships and community networking; promoting partnerships that encourage information sharing and collaboration that strengthens groups and inclusion. Sustainable neighbourhood groups, facilities and services, and effective leveraging of other sources of funding. Building leadership capacity resulting in a higher level of neighbourhood engagement. Celebration and promotion of neighbourhood achievements Neighbourhood and community spirit, collaboration, participation and involvement. Strong active community. Q,F-11 Wages & Benefits $257,324 Goods & Services 57,340 Community Grants 226.500 Total Expenditures $541,164 Full Time Equivalent Positions (FTE) Management 0.75 Inside Workers 2.30 TotalFTE 3.05 Administrative / Other Support Services • Legal — agreements • Communications — marketing and media relations • Parks /Landscape/ Recreation Facilities —support of neighbourhood and community development projects. • Planning / Real Estate — land ownership identification, GIS Support, Zoning, By -laws • Roadway Maintenance — special event support (equipment, plowing, street sweeping) • Police / Fire — address neighbourhood safety concerns UE -7 P.R.O. Kids Program Service Levels and Resources Placement of children (age 18 and under) into sport, recreation or cultural opportunities suited to their interest including assisting with the purchase of equipment and supplies when needed, and consulting with families on transportation needs. 1,000+ placements in 2011 (2010: 929 placements / 2009: 762 placements) Regional participation extending the program to include families in Quispamsis, Rothesay and Grand -Bay Westfield in 2005 in addition to children in Saint John Form partnerships with community • Connecting 1,000+ youth with recreation, sport and cultural approximately 100 program partners organizations that donate program spaces. Raising funds to purchase additional Projection for 2012: $200,000 program spaces, equipment and transportation. P.R.O. Kids is a non - profit program that provides opportunities for disadvantaged youth participating in positive healthy recreational, sport and cultural activities. Providing a safe place for youth to play, learn and be engaged. Improving self- esteem of Greater Saint John youth. Wages & Benefits $78,276 Goods & Services 20,397 Total Expenditures $98,673 Revenue $19,200 Contract Position 1.00 Part -Time Positions 0.80 Corporate and community pride in Administrative / Other Support Services offering youth positive life experiences & • Communications — marketing and opportunities. media relations Diverse programs meeting the various needs &interests of youth. Increase program opportunities by reducing barriers to participation. Administration costs are covered by the participating municipalities, allowing 100% of the funds received through donations, grants and fundraisers to go directly to the children and youth of our community. Approved Budget February 1, 2012 UE - 8 Q,1%, Recreation and Cultural Programming Service The Recreation and Cultural Programming Service provides access to many recreation, sport and cultural opportunities that allow our citizens to stay active, enjoy life in their leisure time, and connect with other members of the community. Through innovative leadership, the goal is to deliver service that promotes community well -being and enhances the quality of life of citizens to produce a healthy, vibrant, positive and strong community. Service is focused on meeting the diverse recreation, cultural and leisure needs of our citizens. Service Delivery In providing access to diverse set of recreation and cultural programming opportunities, the City delivers several programs. The following chart identifies each of these programs and the percentage of funds allocated to them to deliver a defined level of service for 2012. Recreation and Cultural Programming Programs ■ Recreation Programming O Cultural Affairs Approved Budget February 1, 2012 Growth and diversity in population (age, culture, disability & accessibility) Diversity of needs among various neighbourhoods Changes in family unit Economic uncertainty, inflation, and supply and cost of service Focus on sustainable communities Organizational capacity; support from other services (e.g., parks, roads) Expectations for better partnerships with community groups 250 UE -9 2011 Recreation and Cultural Programming Service Accomplishments and Performance Special Events Support • Active partner with the organization of the First Annual All American Soap Box Derby in Rockwood Park • Active partner in the development of the PALS Passport to Fitness Rockwood Park Program • Active Partner and host for the Fundy Wellness Network / In Motion / HEPAC "Wellness Appreciation Day' in Rockwood Park • In Motion City wide launch (2010) • Organized a very successful City of Saint John Volunteer Recognition Dinner (230 attendees) • Partnership with Horizon Health in provision of wellness programs at the HOPE Centre & Market Place Wellness Centre • International Trails Day at Rockwood Park — Volunteers working to enhance trails • City of Saint John support to the 16th Annual Marathon by the Sea • City of Saint John support of the Celebration of Green Space Run Through History • 2 "d Annual Canaport Volleyball Tournament — Fundraiser for the Carleton Community Centre • Active partner with the organization of Bike Rodeos in Crescent Valley and Lower West Side Priority Neighbourhoods • 3rd Annual World '3 -on -3' Street Hockey Championships in Support of Mind Care — Event Planning Partner • Active partner with Community Special Events including Canada Day, New Brunswick Day, and Labour Day • Carleton Community Centre 40th Year Celebration of the Ladies Recreational Volleyball League • Senior Programs • Senior Friendship Games • Seniors' Quarterly Special Events Partnership with Lily Lake Pavilion o Senior programs developed through partnerships with NB Housing at Stephenson Towers, and Horizon Health Network at the HOPE Centre o Increased attendance by 300% for Senior's Springfest and Fallfest held at Exhibition Park (now at capacity) • Inclusive Recreation Programs o Recreation Your Way (Inclusive Recreation Opportunities for Persons with a Disability) — Recognized Canada wide as a best practice resource • Youth Programs • Summer Playground Program Special Events (Magic Mountain Trip, Dominion Park, Rockwood Park Day, Soccer Tournament) • Carleton Community Centre Cheerleading Program — 178 registrations, national level recognition • New Community Centre After School Programs at Hazen White- St. Francis School & Centennial School • "Art Momma" Program at Carleton Community Centre, Somerset Community Centre and C.E. Nick Nicolle Community Centre Approved Budget February 1, 2012 251 UE -10 Recreation Program Partnerships • Official renaming of the North End Community Centre to the C.E. Nick Nicolle Community Centre • C.E. Nick Nicolle Community Centre — Focus as the Community Hub for the North End with O.N.E. Change expanding its role within the Centre & Neighbours Working Together Community Partnership. • Hosted Regional Sports Forum for the Fundy Recreation Professional Association • Launched Smoke Free Outdoors Campaign in Partnership with Fundy Recreation Professional Association • Cultural Affairs • Responsible for coordinating the maintenance of public arts pieces including the clock in front of Market Square • Coordinated the administration of the grant program awarding $60,000 in grants for new arts and culture projects • Coordinated art exhibits at the Saint John Gallery and the Millennium Art Place (NB Library) • Support several festivals and events (e.g., Remembrance Day Ceremony) 2012 Major Initiatives, Major Projects and Recreation and Cultural Program Service Delivery Highlights • Complete the Play SJ Parks and Recreation Strategic Plan. • Develop a standardized framework for partnership agreements for community centre operations. • Develop a community centre master plan to enhance recreation programming that meets the diverse needs of the community. • Reduced number (total of 8 - from a previous of 15 sites) of playground and day camp program sites to ensure every neighbourhood has access to programs. • Community Centre programming reduced from 32 to 31 weeks. • Maintain leisure opportunities for adults and seniors based on the interests of these demographic groups. • Reduced ability to work with community partners will reduce the number of community special events that will receive support • Continue to promote broad community awareness of access to, and education, in the arts and culture sector through liaising with arts, cultural and heritage organizations, communicating events, administering the grant program, facilitating maintenance of public art and play a role in administering the public art policy. • Support the community in coordinating various festivals and events. Approved Budget February 1, 2012 40% LIE -11 Recreation Program - Service Levels and Resources Deliver programs (direct programming) that provide a wide range of artistic, cultural, social, educational and recreational opportunities that meet the interests of all ages, regardless of physical limitation or ability to pay. Manage contract agreements for community -based organizations to deliver recreation programs (indirect programming) on the City's behalf. Facilitate the delivery of special recreation, social and cultural programs in partnership with various organizations. Approved Budget February 1, 2012 • Operate and manage 3 Community Centres (NNCC, SCC, CCC) each offering nightly and weekend program opportunities over 31 weeks for youth • 15+ senior programs • 15+ inclusive /disability specific programs • 8 playground program sites (direct and in partnerships) • 1 instructional tennis program • Contract agreements with the YMCA and Boys & Girls Club for 3 Community Centres (FGCC, MCC, SECC) - 32 Week Weeknight Program) • Integrated Daycamp at FGCC • 20+ community special events (e.g., SJ Sports Hall of Fame, Communities in Bloom, Pavilion Cup, Winterfest) • 1 volunteer recognition event Ensure all citizens have access to inclusive recreation and leisure opportunities that meet the diverse needs of our community Recreation programs offer citizens many benefits including: • Healthier citizens (physically, mentally, emotionally and socially) • Healthy communities and a healthy lifestyle • Investment in the future of our young people • Fostering cooperation and good citizenship • Positive behaviours • Involved community • Developing leadership skills • Developing physical and creative skills • Fun and enjoyment • Reduced crime • Stronger families • Social skills • Community pride and engagement • Connected community • Celebration of community pride Reduced programming hours in community centres and number of playground sites will result in a lower number of youth participating in recreation programs. 253 Wages & Benefits $527,275 Goods & Services 388,185 Grants 227,526 Total Expenditures $1,142,986 Revenue $22,000 Full Time Equivalent Positions Management 0.75 Inside Workers 3.70 TotaIFTE 4.45 Part Time Positions • Community Centres: 27 part -time staff at 3 centres for 31 weeks • Playground Program: 9 part -time employees for 8 weeks Critical Internal Support Service • Fleet — vehicles for playground program • Purchasing — acquisition of equipment • Insurance —risk management • Communications — program promotion • Legal — agreements with service providers • Parks /Landscape / Recreation Facilities — providing safe and functional park, trail and recreation facilities; resources for initiatives • Facility Management — community centre maintenance; ensuring safety and functionality UE -12 Cultural Affairs Program — Service Levels and Resources Act as a point -of- contact with arts, • 55 arts organizations cultural and multicultural community- • 24 cultural and multi - cultural based organization to promote awareness organizations and support activities. Promote arts and culture events through social media outlets, web -based applications and signage. • 5,500 arts and cultural events posted in the cyber - calendar • Weekly bookings for signage in King Square. Provide support and /or facilitate various • 12 events annual average festivals and events annually. Administer grant applications for the Saint John Community Arts Funding Program (small project oriented funding for festival ideas and new initiatives). Facilitate maintenance of public art and administration of the public art policy. Coordinate exhibits for showing at galleries. Approved Budget February 1, 2012 • $60,000 in grant funding available • 40 applications on average annually • 1 project annually (1% Public Art Policy) • Number of maintenance projects varies annually • 7 formal exhibits @ Art Gallery • 7 informal exhibits @ Millennium Art Place • Cultural Affairs program promotes broad community awareness of access to, and education, in the arts and culture sector. The service provides assistance and information services, as well as opportunities and support to artists and arts and cultural organizations; fosters cross - cultural understanding; and supports economic development of tourism, especially in the uptown core. It also works to increase awareness of the role and contribution arts, culture and heritage make to the City's economy and quality of life. irk1l Wages & Benefits $70,620 Goods & Services 40,428 Total Expenditures $111,048 Full Time Equivalent Positions Inside Workers 1.00 TotaIFTE 1.00 UE -13 Fire Services Fire Services involves the delivery of six public services to the community that focus on reducing loss of life, personal injury, property damage or impact on the environment caused by fire, accident, medical emergency, or hazardous materials release (accident or malicious), and through code enforcement and public education activities. The goal of the fire service delivery is to support public safety with effective and efficient emergency preparation and response across a diverse range of emergency calls (response profile); creating public awareness of fire safety and emergency planning; providing for safer assembly of work and residential living by ensuring compliance with regulatory and legislative requirements; and investigation of fire incidents to reduce the risk of future occurrences. Service Delivery In working to improve public safety the City of Saint John provides six critical services through its Fire Services. The following chart identifies each of these services and the percentage of funds allocated to them to deliver a defined level of service for 2012. Fire Services ® Fire Rescue and Suppression ® Technical Rescue * HAZMAT Emergency Response o Fire Prevention o Fire Investigation o Medical First Responder Approved Budget February 1, 2012 4 Regulatory and legislative requirements (life safety and inspections) Diverse industrial sectors located throughout the community Large geographic footprint, bisected by a river, marsh and highway Diversity of needs among various neighbourhoods, focus on priority Type of housing stock (including dilapidated or vacant buildings) Multiple mixed -use neighbourhoods (residential, commercial, industrial) Organizational capacity Evolving demand for service 4'1• ". UE -14 Fire Rescue and Suppression Service The Fire Rescue and Suppression Service provides emergency response to residential, commercial and industrial fires (and explosions). The service is responsible for coordination and implementation of fire suppression operations including sizing up the environment, performing a risk assessment , setting -up incident command, developing an incident strategy, assigning and obtaining resources, communicating status, establishing a safe perimeter, rescuing trapped victims, conducting fire suppression, evaluating preliminary cause, and ensuring the site is left in a safe condition. The goal is to save lives, minimize damage to homes and the environment and ensure that commercial and industrial operations get back into operation quickly. A key component of fire rescue and suppression operations is preparation for safe, efficient response to incidents through training. 2011 Fire Rescue and Suppression Services - Accomplishments and Performance • 2,833 calls for fire rescue and suppression service • 107 Structure Fires - 104 fires contained to the area of origin • 75 Vehicle Fires — 75 fires contained to the area of origin • 295 Grass Fires — 295 fires contained to the area of origin • 273 Refuse Fires — 273 fires contained to the area of origin • 310 Motor Vehicle Accidents — 310 Motor vehicle accident scenes stabilized with no residual impact to the citizens • Actual response time to Fire and Rescue incidents was 5 minutes & 30 seconds, 82% of the time • Training —The comprehensive fire training program (920 hrs per person) supports the effectiveness of emergency response 2012 Initiatives, Major Projects and Fire Rescue & Suppression Services Delivery Highlights • More effective performance measures to be in place for the fire rescue and suppression service beginning 2012. • Enhancement to regular ongoing Incident Command training for fire department's management/ command staff. • Policy, standards, training and safety documentation to be reviewed updated and established (where necessary). • Investigate / examine opportunities to champion fire rescue and suppression service (training) at a Regional level. Approved Budget February 1, 2012 WI UE -15 Fire Rescue and Suppression Service — Service Levels and Resources Municipal objective is that initial apparatus arrives on scene of the alarm within 5 minutes and 30 seconds from dispatch at least 90% of the times. Ensure fire rescue operations are initiated immediately with the objective of saving lives, protecting property and environment. Ensure fire suppression operations are initiated immediately with the objective of containing the fire to the area of origin. Ensure members of Fire Rescue and Suppression Service are adequately trained in accordance with all applicable NFPA and OH &S standards (numerous NFPA Standards are applicable). Approved Budget February 1, 2012 • The number of structure fire calls over the last five year annually ranged between 700 to 900 • Approximately 45% of geographical area is outside the desired response times. However, SJFD is attaining desired response time 82% of the time • A minimum of 920 hours of pre- planning, preparation and training per annum • An effective and efficient fire response enhances the ability to contain fires to their area of origin, minimizing fire loss, which translates into lower insurance premiums for property owners. This is most relevant in the priority neighbour- hoods of Saint John where multiple unit dwellings are only feet apart. • Have sufficient depth of response to address non - simultaneous structure fire calls regardless of complexity. The response time objective can consist- ently be met 75% to 80% of the time. • Have insufficient depth of response to address the second of two or more simultaneous structure fire calls, more so if the first of two simultaneous calls involves old stock housing, or industrial or commercial facilities. The percentage of time the response objective can be met diminishes based upon where the fire is within the city. • Effectiveness increases or decreases proportionately with training. A comprehensive training program leads to better outcomes for both citizens and firefighters. iRIN Wages & Benefits $17,808,990 Goods & Services 1,637,878 Total Expenditures $19,446,868 Revenue $141,000 Full Time Equivalent Positions (FTE) Management 7.40 Professional 1.75 Firefighters 139.00 Inside Workers — Administrative 1.50 TotaIFTE 149.65 Holiday Relief Firefighters 15.00 Administrative / Other Support Services • Fleet — equipment availability, replacement and fuel delivery • IT— supports software required for operational, communication and performance tracking needs • Human Resources — supports recruitment, professional development and attendance management • Facility Management — station maintenance • PSCC — receives, records and dispatches related emergency calls • Saint John Water — supplies the water and services the hydrants • Police — site safety, traffic control, as well as assists with site evacuation • Roadway Maintenance — provides site clean -up and materials disposal • Communications — notifications UE -16 Medical First Responder Service The Medical First Responder Service provides first responder pre - ambulatory care, in instances where emergency medical assistance is required. The City of Saint John currently trains its Fire Fighters to the Medical First Responder (MFR) level. This means fire crews can deliver advanced first aid, patient assessment and treatment prior to the paramedic's arrival on scene. The Fire Department only responds to medical calls that meet predefined criteria for tiered response ( NFPA 450 - Guide for Emergency Medical Services and Systems). 2011 Medical First Responder Service - Accomplishments and Performance • 4,487 calls for medical first responder service • National Fire Protection Standard 2 -4.1 states, "Preservation of human life shall be the primary responsibility of the fire department during fires and other emergencies" • Actual response time to medical first responder incidents was 5 minutes and 30 seconds, 89% of the time • Self- sustaining skill maintenance and acquisition through internal training program for all 200 first responders 2012 Initiatives, Major Projects and Medical First Responder Service Delivery Highlights • More effective performance measures to be in place for the Medical First Responder service beginning 2012. • Enhanced Medical First Responder scenario training as part of the SJFD training programs. • Investigate the opportunity to enhance the MFR service through a better application of oropharyngeal airways (OPA's) and the possible introduction of Pulse Oximetry, Glucose Meters and NasoPharyngeal Airways (NPA). • Investigate / examine opportunities to champion Medical First Responder service (training) at a regional level. Approved Budget February 1, 2012 Q1.1? UE -17 Medical First Responder Service — Service Levels and Resources Participate in a tiered response with Police and Ambulance to emergencies based on predetermined criteria; motor vehicle accidents, water front accidents, heart attack, severe trauma. • Initial apparatus arrives on scene of the incident within 5 minutes and 30 seconds from dispatch at least 90% of the time. • Provide initial and on -going emergency medical triage of ill and injured patients that prioritizes the patient's respective treatment and transport. All firefighters are trained to the national standard of Medical First Responder Approved Budget February 1, 2012 • The number of calls varies annually, Medical First Responder (MFR) currently represent approximately 47% of total calls. • All firefighters are recertified annually • The Fire Service's shorter response times offers numerous opportunities whereby lifesaving assessment and treatment are initiated in advance of Ambulance NB's arrival (Fire response standard is 5 min — 30 sec whereas Ambulance NB is 9 min). • Higher survivability rates for victims, supported by national statistics. • Fire service response objectives provide significant opportunity for successful intervention on EMS calls. Minutes mean the difference between life and death for heart attack or severe trauma victims. • During multiple simultaneous call events, response times will increase based upon the number and placement of remaining resources. Met, Wages & Benefits $0 Goods & Services 71,640 Total Expenditures $71,640 Full Time Equivalent Positions (FTE) Human resource requirements are included as part of Fire Suppression and Rescue Service. Administrative / Other Support Services • Fleet — equipment availability, replacement of equipment and vehicles and fuel delivery at extended incidents PSCC — receives, records and dispatches related calls Police — scene safety and security, traffic control, keeping of the peace, as well as assists with site evacuation UE -18 Hazardous Materials (HAZMAT) Emergency Response Service The Hazardous Materials Emergency Response Service provides a planned response to incidents where the public is exposed to risks created by the release of, or fire involving hazardous materials. All emergency response incidents that occur within a municipal boundary are the responsibility of the municipality. This includes emergency responses to spills or accidental releases of hazardous materials, being any solid, liquid, or gas capable of creating harm to people, the environment, and /or property. Emergency responses include site assessment, container evaluation, threat assessment, victim removal, search and rescue, extrication /disentanglement, smoke /toxic gas ventilation, identification /analysis of the material, evacuation, establishing a safe working area and monitoring or sampling of the material. Service also includes decontamination of personnel and equipment, notification of other agencies, and referral to the proper authorities. Through a fee for service agreement, the City delivers (in cooperation with the appropriate local authorities) hazardous materials emergency response service to regional communities, in accordance with established service standards and operational plan. 2011 Hazardous Materials (HAZMAT) Emergency Response Service - Accomplishments and Performance • 329 calls for Hazardous Materials Emergency Response Service • Actual response time to Hazardous Materials Incidents was 5 minutes and 30 seconds, 82% of the time • Revenue Generation — Includes the Province of NB Regional Hazardous Materials Response Team ($70,000) and the opportunity to secure the Federal Government Project for Mass Decontamination ($400,000) • Training — The comprehensive fire training program (920 hrs per person) supports the effectiveness of Hazardous Materials Response Service 2012 Initiatives, Major Projects and Hazardous Materials (HAZMAT) Emergency Service Delivery Highlights • Scene Security / Product Identification — A better measure on scene security and product identification will be provided in 2012. • Develop twenty new hazardous materials technicians. • Increase revenue through an enhanced Regional Hazardous Materials Agreement and the Mass Decontamination Project. • Development of a fire service by -law that will propose revenue generating options in support of Common Council's priority. Approved Budget February 1, 2012 Qoeft UE -19 Hazardous Materials (HAZMAT) Emergency Response Service — Service Levels and Resources First apparatus arrives to the scene of • Average of 300 incidents each year an emergency within 5 minutes and 30 seconds at least 90 % of the time. Hazardous Materials Response is conducted in accordance with National Fire Protection Standards NFPA 471 & NFPA 472; activities include identifying, isolating hazardous materials releases, and to beginning recovery planning. • Scene security is established upon arrival and the product is identified within 10 minutes. • An Incident action plan is developed and initiated within 45 minutes from arrival on scene. Carry out a comprehensive fire training program that supports the effectiveness of Hazardous Materials Response Service. Approved Budget February 1, 2012 • All personnel trained to NFPA 472 Hazardous Materials operations level • Over 50 trained personnel to Hazardous Materials Technician Level • The presence of a well- trained and Wages & Benefits $28,901 reactive Hazardous Materials Goods & Services 86,512 Response team ensures minimal Total Expenditures $115,413 disruption to the community and materials within the regional critical to making decisions related to materials impact on the environment arising Revenue $100,000 from a hazardous materials • During simultaneous events, where calls emergency response. Full Time Equivalent Positions (FTE) call is the second call, where the keeping of the peace, as well as assists with site Management 0.35 • Hazardous Materials Incidents are Total FTE 0.50 the low frequency high impact • Communications — notifications incidents that can affect a great Note: Firefighters are accounted for under Fire geographical area. Rescue and Suppression Service • For non - simultaneous events, the existing Hazardous Materials Administrative / Other Support Services Response team is well positioned to • Fleet — equipment availability, replacement of deal with any incidents that occur equipment and vehicles and fuel delivery at through processing, storage and extended incidents transportation of hazardous • GIS — mapping and relevant occupancy data materials within the regional critical to making decisions related to materials community incident mitigation and /or evacuation needs • PSCC— receives, records and dispatches related • During simultaneous events, where calls a Hazardous Materials Response . Police — scene safety and security, traffic control, call is the second call, where the keeping of the peace, as well as assists with site first is a structure fire, there will be evacuation a limited depth of response until • Roadway Maintenance — provides site clean -up such time as overtime crews arrive. and materials disposal • Communications — notifications 4.011 UE -20 Technical Rescue Service The Technical Rescue Service carries out emergency rescue to those individuals trapped by their physical environment (water, ice, motor vehicle accident, structural collapse, confined space or high angle). (The service area is currently working toward certification in confined space and high angle rescue.) The industrial base, geography and size of Saint John increases the demand for the Fire Service (Technical Rescue Service) to respond to rescues that are highly technical in nature. Firefighters are cross - trained to meet these technical rescue needs. Although emergencies that require dispatch of a technical rescue team occur infrequently, they are incidents that pose a highly technical response to ensure a safe intervention for both the victims and firefighters. 2011 Technical Rescue Service - Accomplishments and Performance • 31 calls for Technical Rescue Response Service • Response Time Efficiency —The Saint John Fire Department operates with the expectation that the first apparatus arrives to the scene of an emergency within 5 minutes and 30 seconds at least 90% of the time • 21 vehicle extrications — on each occasion a victim was removed from automobile enabling advanced life support care • Actual response time to Technical Rescue Incidents was 5 minutes & 30 seconds, 89% of the time • Training —The comprehensive fire training program (920 hrs per person) supports the effectiveness of the Technical Rescue Response Service 2012 Initiatives, Major Projects and Technical Rescue Service Delivery Highlights • Development of a fire service by -law that will propose revenue generating options in support of Common Council's priority. • Development of better performance measurements for technical rescue incidents. • Development of high angle rescue response team. • Development of confined space rescue response team. • Investigate / examine opportunities to champion Technical Rescue Service at a regional level. Approved Budget February 1, 2012 400% UE -21 Technical Rescue Service — Service Levels and Resources First apparatus arrives to the scene of an • 30 technical rescues performed emergency within 5 minutes and 30 annually (average) seconds at least 90% of the time. Provide highly skilled rescue services not part of structural firefighting or medical first responder service, but facilitated within the same response profile as Fire Rescue and Suppression Service. Develop an incident action plan within 10 minutes of arrival on scene. • Technical rescue capability provides emergency response to persons trapped by their environment. • Saint John Water needs high angle rescue service to support critical operations. • Technical rescue helps address the occupational health and safety requirement inherent to numerous tasks. • Revenue Generation — As the depth of expertise evolves the Technical Rescue Skills training is unique to each type of • Skills as identified in NFPA Standard Service will generate revenue through technical rescue (auto- extrication, water 1006 — Standard for Technical Rescuer the provision the service to third parties /ice, confined space and high angle). Professional Qualifications as well as eliminate the service cost for other City of Saint John services. Approved Budget February 1, 2012 • During simultaneous events, where a Hazardous Materials Response call is the second call, where the first is a structure fire, there will be a limited depth of response until such time as overtime crews arrive. 4.191 Wages & Benefits $28,901 Goods & Services 27,080 Total Expenditures $55,981 Full Time Equivalent Positions (FTE) Management 0.35 TotalFTE 0.35 Administrative / Other Support Services • Fleet — equipment availability, replacement of equipment and vehicles and fuel delivery at extended incidents • PCSS - receives, records and dispatches related calls • Police — provides site safety, traffic control, assists with evacuations UE -22 Fire Prevention Service The Fire Prevention Service performs technical and field operational work that includes inspections of all manner of occupancies to ensure life safety and to identify possible fire code violations. Service is delivered within the mandate of the Provincial Fire Marshal to enforce and rectify deficiencies found during inspections. Public education is also a huge undertaking carried out by the Fire Prevention Service team. 2011 Fire Prevention Services - Accomplishments and Performance • 1,706 inspections conducted • 2,716 violations identified • 1,414 violations closed 2012 Initiatives, Major Projects and Fire Prevention Service Delivery Highlights • Development of better performance measurements for violation pursued through judicial system for 2012 and public fire education programs. • Investigate / examine opportunities to champion fire prevention service at a regional level. • Development of a fire service by -law that will propose revenue generating options in support of Common Council's priority. Approved Budget February 1, 2012 44TI A UE -23 Fire Prevention Service — Service Levels and Resources Carry out inspections (annual, biennial, or for operating licenses) on properties requiring inspection (e.g., hotels, schools, apartment buildings, daycares) as outlined by the Fire Marshal. All Fire Prevention Personnel trained to: • National Fire Protection Standard 1031 - Standard for Professional Qualifications for Fire Inspector and Plan Examiner; and • National Fire Protection Standard 1035 - Standard for Professional Qualifications for Public Fire and Life Safety Educator and NFPA Standard. Carry out a regularly scheduled public education program that addresses all schools in the community in addition to Children's Fire Safety House, Learn Not to Burn Program K -2, Juvenile Fire - setter Counselling, Building Trade Shows, Church Groups and Business Clubs. Approved Budget February 1, 2012 • Conduct 1,500+ inspections (including 500+ re- inspections) annually, to complete all required inspections over a 4 to 6 year cycle. • Identify and close 2,500+ violations annually • Numerous fire prevention programs annually. Inspections and public education sessions help to reduce the number of fire incidents. This supports Council's priority of creating safe, livable neighbourhoods as well as reducing operating costs and those related to property loss or damage. • The enforcement of fire codes through inspection activities contributes to public safety by ensuring that new and existing buildings are constructed and maintained to current fire safety standards. • The fire inspection service aims to inspect nearly 6,000 properties on a regular rotation. Inspections are regulated for properties annually or every two years. Fire Prevention Service contributes to the improved public safety within the community by ensuring that people have the necessary information to stay safe and healthy from the adverse affects of inappropriate uses and behaviour of fire. 4.01", Wages & Benefits $785,439 Goods & Services $133,322 Total Expenditures $918,761 Revenue $4,000 Full Time Equivalent Positions (FTE) Management 1.00 Firefighters 6.00 Inside Workers — Administrative 1.00 Total FTE 8.00 Administrative / Other Support Services • Fleet — equipment availability, replacement of equipment • GIS - provide mapping and relevant occupancy data critical to the decision making • Permitting and Inspection / By -Law Enforcement — support through their day -to -day inspection work including minimum standards and the vacant building program • Communications — assists with public education and awareness UE -24 Fire Investigation Service The Fire Investigation Service investigates every fire or explosion that results in property damage, injury, or death to determine the origin, cause and circumstances of the fire /explosion. The investigation is initiated immediately during the initial stages of a fire response. The results of the investigation are forwarded to the Office of the Fire Marshal as part of the collection of provincial fire statistics which in turn could impact changes to the provincial fire codes. If the fire is considered to be suspicious or if there is a fatality, the Saint John Police force participate in the investigation and follow -up. 2011 Fire Investigation Services - Accomplishments and Performance • 107 fire investigations were conducted in 2010 2012 Initiatives, Major Projects and Fire Investigation Service Delivery Highlights • More effective performance measures to be in place for the fire investigation service beginning 2012. • Creating additional depth with respect to the capacity to conduct fire investigations. • Investigate / examine opportunities to champion fire investigation service at a regional level. Approved Budget February 1, 2012 41* UE -25 Fire Investigation Service — Service Levels and Resources Investigator arrives on within 30 minutes • 110 investigations on average carried • Without knowing the cause and origin of being called. out annually of a structure fire, insurance companies may not payout claims, faulty products The Saint John Fire Department expects may not be identified, contributing to identify the area of origin 95% of the human behaviour and potential acts of time, the point of origin 90% of the time arson may go undetected. and the source of ignition 85% of the time. • Accurate detection of the cause of fire All Fire Investigators are certified to: helps determine fire education and code enforcement needs. • NFPA 912 - Guide for Fire and Explosion Investigations • NFPA 1033 - Standard for Professional Qualifications for Fire Investigator Approved Budget February 1, 2012 400YA Wages & Benefits $0.00 Goods & Services 20,600 Total Expenditures $20,600 Full Time Equivalent Positions (FTE) Resources are accounted for in other services. Administrative / Other Support Services • Fleet — equipment availability — Fire Investigation Van • Police — participate in the investigation of suspicious fires • Permitting and Inspection / By -Law Enforcement — support through their day -to -day inspection work including minimum standards and the vacant building program • Saint John Salvage Corp and Fire Police —volunteer organization providing site security and traffic management UE -26 Emergency Management Service The Emergency Management Service is the municipal catalyst for public and private inter - agency coordination of community -based emergency management and business continuity programs. It is managed by an all - hazards approach to preventing or mitigating risks, ensuring preparedness through effective response and recovery mechanisms, and achieving continuous improvement through program evaluation and revision. Provincial, Municipal and Federal legislation/ Standards Community readiness and resilience Municipal government operational readiness Industry standards 2011 Emergency Management Service - Accomplishments and Performance During 2010, Saint John Emergency Management Organization spearheaded the implementation of a regional alert system called "Sentinel ". This system allows subscribers to be alerted about incidents or events that may affect their public safety. The goal for 2012 is to enhance the awareness of the Sentinel notification system. • During 2010, Saint John Emergency Management Organization commenced the installation of evacuation route signage. Due to funding limitations the project continued into 2011. The purpose of the project is to put in place the signage infrastructure to facilitate a timely evacuation of Saint John, (if the need should ever arise). A public awareness campaign regarding the nature of the signed is planned for 2012. 2012 Initiatives, Major Projects and Emergency Manager Service Delivery Highlights • More effective performance measures to be in place for the Emergency Management Service. • Enhanced utilization of the Sentinel software system as it relates to EMO activation and resource determination. • Identification and development personnel (network) to support the critical roles within the Emergency Operations Centre (EOC). • Conduct field exercises in conjunction with New Brunswick Emergency Measures Organization (NBEMO). • Develop SJEMO strategy in conjunction with the objectives of the Province of New Brunswick Regionalization initiatives. Approved Budget February 1, 2012 4001-1a UE -27 Emergency Management Service — Service Levels and Resources Strive to Maintain an up -to -date Emergency Plan (including Evacuation & Emergency Management Units) with regular operational testing (CSA Z1600). EOC fully functional within an hour of the Emergency Measures Organization activation Strive to ensure that an appropriate number of people have been identified to support a prolonged EMO event. Strive to ensure identified EMO participants are adequately trained. Approved Budget February 1, 2012 • Regular engagement of numerous EMO participants / stakeholders through planning and exercises • Effective response to events which require EMO participation • Service strives to minimize the impact of emergencies on the residents, property and environment of Saint John; support effective and efficient emergency operations and helps to develop a knowledgeable and prepared community. • Regular emergency event exercises and regular employee training ensures Emergency Management capability is more effective. • Regular and on -going awareness campaigns ensure the public will be better informed about what to do during an emergency, improving public safety and maintaining quality of life during emergency events. • At a regional level SJEMO can provide tremendous leadership and process roles. • Loss of a dedicated resource to fulfill the role's primary purpose of enhancing the community's affects ability to effectively respond to crisis situations by managing an integrated municipal emergency preparedness program in accordance with the City's strategic priorities, legislation and national standards. • Impact will be minimized by merging the role with Saint John Fire Command Staff — costs reflect merge. 4.01%, Wages & Benefits $114,305 Goods & Services 219,999 Total Expenditures $334,304 Revenue $13,451 Full Time Equivalent Positions (FTE) Management 0.40 Professional 0.25 Inside Workers — Administrative 0.50 TotaIFTE 1.15 Part -Time Positions 0.50 Administrative / Other Support Services • Fleet — equipment availability — EMO Command Trailer • IT— Facilitates the technological, software and communication needs of the Emergency Operations Centre • PSCC — receives, records and dispatches emergency calls as well as acts as acts as a resource to the Emergency Operations Centre during activation • Communications — notifications, assistance with public education and awareness, crisis communications preparedness • Other Service Areas — provide staff support to the Emergency Operations Centre as well as on scene management when the EOC has been activated UE -28 rA 270 9 Common Council Orientation John L. Nugent City Solicitor June 11, 2012 Structure Budget 271 4rUNT JOH.s The City Solicitor's office provides • Legal opinions and advice • Legal support services • Legal representation provided 4rUNT JOH.s 272 Sources of demand for legal services — External — Internal Prioritizing the assignment of legal resources 273 4rUNT JOH.s Significant initiatives proceeding Current / anticipated challenges 4rUNT JOH.s Me'! Common Council Orientation Elizabeth Gormley Common Clerk June 11, 2012 OR jA - AM Common Clerk's Office Assistant Common Clerk J. T &yla Administrative Assistant 7 J. Beltrandi -Chown Administrative Assistant 7 K. Tibbits Administrative Assistant 4 R. Evans Legislated Services Common Council Common Clerk E. Gormley Access & Privacy Officer ' Corporate Records Manager D. Burke P.. Anglin Direction to business units on City's Information Management (authority: Archives Act) Archives Act Provincial Legislation sets out the mandate and responsibilities of the Provincial Archivist, including requirements concerning the management of municipal records 7(1) Public records referred to in a records schedule approved by the Provincial Archivist shall be disposed of in accordance with that records schedule 277 4rUNT JOH.s Seven components an organization must have in place in order to operate a basic records management program: (a) Records Manager (b) Inventory of Records (c) File Classification Plan (d) Retention Schedules (e) Filing Centres (f) Policies and Procedures (g) Use of Technology, including control over micrographics and imaging systems (Source — Province of New Brunswick Local Government Resource Manual) 278 4rUNT JOH.s Appointed to assume responsibility for all records management functions including planning, organizing, implementing, monitoring, and coordinating the maintenance, protection, retrieval and disposition of all information in the organization. (Source — Province of New Brunswick Local Government Resource Manual) 279 4rUNT JOH.s Direction to internal and external customers on Access & Privacy matters (authority: Right to Information and Protection of Privacy Act) Right to Information and Protection of Privacy Act is known as RTIPPA. 4rUNT JOH.s PI-0101 Purposes of RTIPPA: • allow any person a right of access to records in the custody or under the control of public bodies • control the manner in which public bodies may collect personal information from individuals and to protect individuals against unauthorized use or disclosure of personal information by public bodies allow individuals a right of access to records containing personal information about themselves in the custody or under the control of public bodies allow individuals a right to request corrections to records containing personal information about themselves in the custody or under the control of public bodies provide for an independent review of the decisions of public bodies under the Act. Legis a e Services Mil 4rUNT JOH.'s • Each municipality should assign a RTIPPA officer The officer is 1) the "access and privacy expert" in the public body and 2) a single -entry point, mainly responsible for: • ensuring public body adheres to its responsibilities under the Act • incoming and outgoing communications • processing requests and ensuring privacy standards and practices • meeting deadlines • appeal responses • records keeping and management • providing advice (Source: Province of New Brunswick, Information Access and Privacy Unit, Training for Municipalities, Nov. 22, 2011) 4rUNT JOH.s OVK • Common Clerk appointed head (designated authority) • Rigorous timelines imposed — 30 days to respond to initial request • Implementation date — September 1, 2012 • Approximately 80 delegated powers • Appeal process in place 4rUNT JOH.s 04:19' • Legislative, policy and procedural advice to Council, staff and public • Liaison between public and Council • Council agendas, minutes, records, follow up services • Research services • Historic, archival preservation — 1785 to present • Committees, Pension Board, Saint John Energy and admin support to various • Admin support to Mayor and Council 4rUNT JOH.s WE