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2009-06-15_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentairem; City of Saint John Common Council Meeting Monday, June 15th, 2009 Location: Common Council Chamber Supplemental to Agenda 3.1(a,b,c,d,e) Terms of Agreement Between The City of Saint John and Terrence Totten 8.2 (a,b) Harry Kitchen and Enid Slack: Options for Financing Services and Infrastructure 8.2(c) Commissioner of Finance: Long-Term Financial Impact on Capital Program City of Saint John Seance du conseil communal Le lundi 15 juin 2009 Lieu : Salle du conseil communal Ordre du jour supplementaire 3.1a, b, c, d, e) Conditions de Pentente conclue entre The City of Saint John et Terrence Totten 8.2a, b) Harry Kitchen et Enid Slack : Options de financement des seiyices et de Pinfrastructure 8.2c) Commissaire auz finances : Repercussions frnancieres a long tenne sur le prograrnme d'irmnobilisations SCHEDULE "B. News Release issued by the Communications Department of The City of Saint Jahn on behalf of Mayor Ivan Court and Mr. Terry Totten For Immediate Release June 15, 2009 Saint John Common Council and City Manager Terry Totten Reach Agreement (Saint John) Mayor Ivan Court, Members of Common Council and Mr. Terry Totten jointly announce Mr. Totten's resignation /retirement as City Manager of The City of Saint John effective Tuesday, June 16, 2009.. An agreement was reached at the Monday, June 15, 2009 meeting of Common Council and includes a one-time payment of $500,000 and confirmation of the supplemental benefit provided by Council in 2002.. The entire agreement will be posted in the agenda section of the City's website by 4pm June 16. "Terry has done an outstanding job for the City from day one. He has always demonstrated incredible knowledge, a high degree of professionalism" a strong work ethic and an undeniable commitment to our community and to the organization," said Mayor Court. The impetus for Council and Mr. Totten coming to an agreement was twofold. First, Mr. Totten says that the unprecedented and unwarranted amount of print media coverage that he has attracted over the past few years has done serious harm to the organization and Mr. Totten himself. In particular, the negative tone of the editorials and columns has affected Council/staff relations, employee morale, the organization's ability to attract and retain "top notch" professionals, and Saint John's reputation throughout the province and across the country. Second, Council and Mr, Totten have acknowledged the desire to have Saint John be everything that the City can be. Events leading to the agreement have been likened to those in the sports world. Sometimes, despite best efforts, a highly skilled, well-managed and well-coached team needs change at the top to move to the next level. As often in the case in the sports world, reaching the next level requires transformational change the City itself is on the cusp of transformational change. In those situations, all parties come to a mutual understanding, settle on contractual commitments, wish each other the best and move on. This agreement accomplishes this change. -15- ...2 Mr. Totten is a Chartered Accountant who began his career with the City in 1983 when he was appointed by Council to the position of Deputy Commissioner of Finance. He was subsequently appointed as Commissioner of Management Services in 1990. In 1993 Common Council asked him to consider accepting the appointment as City Manager, a position he has held since that time. Mr. Totten leaves the organization with the distinction of being the City's longest serving City Manager, a testament to his employer, his fellow employees and to this community. "It has been an honour to serve six Mayors, nine different Councils, thousands of employees, volunteers and individual citizens, Mr. Totten said. "There has never been a day when I hesitated to head into the office. Service as Saint John's City Manager has been more than a career for me. It has been my life." He continued, "I wish to express a particular thanks to those with whom I have worked so closely in recent years. Their support and counsel has been invaluable." Mr. Patrick Woods, Deputy City Manager, will serve as Acting City Manager. -30- Media Contact Nancy Moar Communications Manager City of Saint John 548-3725 June 15, 2009 Common Council of The City of Saint John Deputy Mayor Stephen Chase and Members of Council Your Committee reports that it sat on Monday June 15, 2009, when there were present Mayor Ivan Court, Deputy Mayor Chase, and Councillors Farren, Higgin, Killen, McGuire, Mott, Snook, Sullivan and Titus and your Committee submits the following recommendation; THAT, the City enter into an Agreement with Mr. Terrence Totten respecting his resignation/retirement from The City of Saint John, a copy of which agreement is attached to and forms part of this report, and that its execution by the Mayor and Common Clerk be authorized. Respectfully submitted, - Ln Mayor Ivan Court Resolution of Common. Council respecting resignation,/retirement agreement with Terrence Totten RESOLVED THAT the recommendation of the Committee of the Whole of Common Council, dated June 15tD 2009 respecting an agreement between The City of Saint John and Mr. Terrence Totten, be adopted. PV , TERMS OF AGREEMENT BETWEEN: CITY OF SAINT JOHN, hereinafter referred to as "the City" -and- TERRENCE TOTTEN, hereinafter referred to as "Mr. Totten" WHEREAS Mr. Totten holds the. position of City Manager for the City; AND WHEREAS the parties hereto have agreed upon the following terms in relation to the resignation and retirement of Mr. Totten as City Manager; NOW THEREFORE the parties hereto have agreed upon the terms set out hereunder as reflective of all terms applicable to Mr. Totten's resignation and retirement: Mr. Totten will submit his resignation as City Manager effective the 16'~ day of June, 2009. 2. Mr. Totten will execute a Full and Final Release (copy attached as Schedule "A") which acknowledges that, in consideration for the terms of this agreement, he has no other claims, demands, actions or causes of actions against the City or any of its members of Councils, management, officers, representatives or employees. 3. (a) Mr. Totten will be entitled to commence receipt of his pension payments by direct bank deposit on or before July / , 2009. The pension payments to which he is to be paid are the maximum payable at the date of his resignation/retirement under the City of Saint John Pension Act (approximately $60,000/year), with adjustments as provided for therein, and the supplemental pension of 10% of his salary at the date of his resignation (approximately $16,000/year), (b) It is understood and agreed that Mr. Totten is not eligible for the entirety of the maximum payable under the City of Saint John Pension Act due to the fact that he had not met the 85 factor at the time of his resignation/retirement. However, based upon the resolution of Council on May 13, 2002, the difference between that maximum and the amounts actually paid by the Saint John Pension Board will be borne by the City of Saint John and be made payable to Mr. Totten. Similarly, the supplement pension payment of approximately $16,000/year shall be borne by the City and not the Pension Fund, -2- (a) It is further understood that only the 10% supplemental pension as referenced in paragraph 3(b) shall be exclusively paid to Mr. Totten, not be subject to variation and will not be available to be bequeathed by Mr. Totten but cease upon his death. (b) The maximum pension payment of approximately $50,000 will be indexed and subject to a right of spousal election as provided for under the same terms and conditions of the City of Saint John Pension Plan as of this date; with respect specifically to the difference between the amount of the annual pension to which Mr. Totten is entitled under the City of Saint John Pension Act and the maximum pension payable under that Act at the date of his resignation/retiremeat, that difference shall be indexed in the same manner as is provided in that Act for the portion of a pension in respect of pensionable service after January 1, 1993. 5. The City shall further make available to Mr. Totten the total sum of $500,000 upon his resignation. These funds shall be advanced to Mr. Totten in the most tax advantageous manner and as he directs, subject always to the City's obligation to comply with applicable laws. 6. It is specifically understood that the City shall not make any payments or contribute to the cost of health and dental plans, life insurance, pension contributions, legal expenses or any similar costs which Mr. Totten may incur prior to and following his resignation and retirement. 7. As a condition of the payment of the compensation referenced above, Mr. Totten agrees that, other than self-employment or employment in an area other than in the private for profit sector, he will not accept or participate in employment for a period of six months commencing on the date of his retirement/resignation, Mr. Totten acknowledges that the agreement with the City, the terms of which are outlined above, are accepted voluntarily. Mr. Totten further acknowledges that he has had the opportunity and did access independent legal advice prior to the conclusion of these terms. 10. Upon acceptance of the terms of this agreement by the Common Council, the City and Mr. Totten will provide to the media the attached joint press release (Schedule `°B"). 11. This agreement, when authorized by resolution, shall be binding upon the parties hereto and their respective successors, assigns, heirs, executors and administrators. -3- ITT WITNESS WHEREOF the parties have executed this agreement this SIGNED, SEALED and DELIVERED } in the presence of: ) ) ) Witness } Terrence Totten SIGNED, SEALED and DELIVERED ) City of Saint John in the presence of, j } } Witness } Per: day of June, 2009. Schedule "A'' FULL AND FINAL RELEASE KNOW ALL MEN BY THESE PRESENTS that TERRENCE TOTTEN, of the City of Saint John and Province of New Brunswick, hereinafter called the "Releasor" (which term includes his heirs, executors, administrators, successors and assigns) in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.40) (receipt and sufficiency of which are hereby acknowledged) does hereby remise, release and forever discharge the CITY OF SAINT JOHN (which includes its members of council, officers, employees, successors and assigns), hereinafter referred to as the "Releasee", of and from all manner of actions, causes of actions, complaints, claims and demands whatsoever which against the Releasee, the Releasor ever had, now has or hereafter can, shall or may have for or by reason of any cause, matter or thing whatsoever existing up to the present time, and particularly and without limiting the generality of the foregoing, of and from all claims, complaints and demands of every nature and kind whatsoever in any way related to his resignation and retirement. AND IT IS UNDERSTOOD AND AGREED by the Releasor that the Releasees do not admit any liability or impropriety towards the said Releasor. The terms and conditions of settlement are not to be construed as an admission of liability on the part of the said Releasees. IN WITNESS WHEREOF the party hereto has hereunto affixed his hand and seal, the day of June, 2009. SIGNED, SEALED AND DELIVERED, ) in the presence of. ) ) ) } Witness ) Terrence Totten --2- PROVINCE OF NEW BRUNSWICK COUNTY OF AFFIDAVIT OF EXECUTION I, JAMIE C; EDDY, of the City of Fredericton, in the County of York and Province of New Brunswick, Barrister and Solicitor, MAKE OATH AND SAY AS FOLLOWS: 1. 1 was personally present and did see the annexed Release duly signed, sealed and executed by Terrence Totten. 2. The said instrument was executed by the said Terrence Totten at the City of . in the County of York and Province of New Brunswick. 3. 1 know the said "Terrence Totten. 4. 1 am the solicitor for the said Terrence Totten expressly named by him to advise him with respect to the nature and effect of the said Release, which I did before the said Terrence Totten signed the said Release. 5. My signature is on this Affidavit. SWORN TO BEFORE ME at the City of , in the County of and Province of New Brunswick, this day of ,Tune, 2009. A Commissioner of Oaths Being a Solicitor } } } } } } Jamie C, Eddy } FINAN~IA~ SONG TERM IMPpCT OF CAPIOVAI, PROGRAM • Nothing in this report should be construed by anyuie to mean that I am saying We s hould not proceed with the Peel Plaza Project • Your Worsh*p and Vembers of Common Counc a 't 's my understand*ng that comments have been made 'n the e egraph _ourna over the ast few months, attributed to me,, that Wou d breng 'nto questeon the V*ab a 'ty of the Pee P aza Progect 40 is about the financia impact This presentation • ita needs of this of the Genera Fund yap capacity to fund community in re ation to the cap these pro'ects you a had an • am going to assume Y report so it is my opportunity to read the rep intention to address what be ieve are the significant issues uestions unti • wou d ask that you ho.d your q the end • Out ine Brief history Budget protections 2010 to 2012 Capita needs (Genera Fund) Cha enges -Property ax Accountabi ity Mechanism - mpact on Operating Budget - Potentia So utions Questions Recent H*story Numerous reports dea ing with this in recent years une 2006 Commissioner of Finance - ssues pus Capita from Operating - November 2008 - mpact of doing a projects - nfrastructure deficit Budget Pro'ect'ons 20'0 • Counci adopted po icy direction 2010-4,5% 2011- 4% 2012-4% 20"m 2 • -he protections inc uded as Appendix 3 in the report ref ect this po icy direction Cagelta deeds fiassumption by which . am operating ►s that the Pee wknowho put together What is these requests for Capita needed Municipa operations - Faci ity Management -Leisure Services _ Fire Services Cap*ta \eeds (confnued) • t is the ro e of these Senior Managers to inform Counci of the needs - it is the ro e of the Commissioner of Finance advise Counci of the impact of the funding these needs in terms of: - Debt service - Tota debt oad - Budget (tax impact) -Timing Challenges inronditional Grant f unding ceS of revenue isoul bevel of cap'0tal expend pension Plan Funding itures Chal-enges rant funding g acity . uncondjt:10ll fiscal yap be as 0 Would n°`N _ Oiginal basis W 199 r 823 d~fference of adjuste from d -19,499' te _ nIla'tlon 639 actua~ the tax ra $442 'or 49.5 cents on ~ 0 y Opp in $2-4,774YS16 for an f inn rep additions ort galled funding to the city ding Uncertain" in this fun _ Future Cha enges • Thesecha enges have not changed in the ast number of years and need to be addressed to be ab e to move forward. • These are funding issues NOT expenditure reduction issues! We have been in a cut and s ash menta ity for a most 20 years -WHY? 9 Funding! A S highb * ghtedthe 5 ac c/ <-tchen report "to Co ns der which 'tures cou expend d be r reau res a maao r st VV udy educed "th many s an componevil-zoan e\/a uation rev0 organI.zationa ser\/.ces ew, in the waY ~n `^~hlCh are and an understand'nS of de ivered, h-ch ser\/0,ces are the extent to ued by • An organizationa review was conducted in 2005/2406 by Chartwe with a to an $27.6 recommendation to invest ea with the issues mi ion over ten years t facing this community • An eva uation in the way in which services are de ivered (Va ue for money audits) • An understanding of the extent to which services are va ued by taxpayers -community engagement Vision over the past zu • The aPProach has been to reduce . ^ ears expenditures to budget* balance the ics and false • The result econOm increased costs for the juture untau►~►~~ -aX p,cco o p e fW ~ edhall'sm . of prIncip.es Kitchen report rom the S.acV' . F ,,b-"c Finance _ Economic efficiency _ Equity or fairness - Accountability Transparency _ Autonomy _ Stability & predictability Ease of administration Autonomy When oca omy is best achieved e for raising the puton are respons►b governroents end inc-UdIng revenue that they Sp oca. tax rates:' responsibl~~ty jor setting . See AP'Pendl)(5 for EyarOP,e Ca P "ta mpact on Operat'ng Budget Assumptions -Interest rates - 5.5% -Borrowing term ( ength) -15 years -Assessment base growth - 7% - Tax rate -1.785 ssue -Capita from Operating for recurring expenditures -increase in borrowing period What shou d the Cap a ta Budget be? • Based on above assumptions use "reverse engineering concept" to arrive at what eve of borrowing can be undertaken to maintain a sta b e tax rate • Appendix 6 from the report indicates ;based on these assumptions) what the annua borrowings wou d be Cappta 13UdgetDetelmination •5 junded'Primari:y by from The Capita. Pro graWith contributions other along ent and any o debentures then eVe s °f gojer"m ° on contributions' Sis to have n° 1-2-impact ~ mi. ion the ana y end ~ . Based on pity could sP the tax rate the oUr years over the next Cap@ta Budget Determanateon • The capita needs identified at budget time were approximate y $311 mi next four years with $72 mi amount of $239 mi ion for the City to fund. ion over the ion estimated to he funding from other sources eaving a net • We have seen that to maintain tax rate we can fund $120 mi ion • Funding is needed! Property axes • n the S ack/ <itchen report "a though there is no benchmark to determine if property taxes are too high in Saint John, it is possib e to compare different measures of the property tax burden among the three argest cities in New Brunswick". Property ax Burden • The property tax burden is obtained by mu tip ying the assessed va ue of a property by the tax rate the resu t of which is the tax burden. • This is a concept tax burden that we have been trying to high fight for years. • t is the actua cost to the home owner! ax Rate Compar*son S ack/ (itchen report (p36 & 37) Property tax rate (2007): per $100 of assessment •Sa'nt_ohn • Freder*cton 9 Voncton .7850 x.40'76 '.6525 ax Burden Compar*son Sack/ (itchen report (p36 & 37) Property tax burden 2007): average residentia property taxes per dwe ing •Sa'nt_ohn • Freder*cton 9 Voncton $ ' 1648 $ ',984 $ ',983 ax Burden Compar*son S ack/ (itchen report (p36 & 37) Property tax burden 2007): average residentia property taxes to after-tax income •Sa'nt_ohn 3.8% • Freder*cton 3.9% •Voncton 4.'% Fund*.ng to try and is not presented to raise This information sinc e Cou"C' ortant tax rate or ion to the imp •ustify the draw attention rea theme it 15 to to the taxes - Tax Burden ANA issue of the „adequacy of funding". of this report the has recognized ~2-002-) ce of Federa - Government r;mary Soul taxes as the p that props eynsufficient revenue Fund*ng • FCM has been preaching this message for over 30 years • The Federa government so ution is grants • Grant funding is not sustainab e in the ong- term. Fundeng • `"he Pub ic Finance princip e of "stabi ity and for future predictabi M of revenues a and P. municipa Wes to budget an does not - Grant funding expenditures" support this princiP e - In tough times grants tend to get frozen or reduced (PNB) in the 90's to qua ~fY and receive funding is - Bureaucracy least onerous to say the So. ut's on -term so ution is a greater share of • `"he ong taxation revenues report spoke about revenue • 5 ack/kitchen rep tion that generating options on an assumption keep their federa and provincia. governments same tax structure and rates • `his assumption was used for demonstration purposes on y - So uteon • Municipa ities are the economic engines of this country and need more than 8% of the tots tax poo • f 8% is equa to 98,000,000 does 15% equa $184,000, 000 • With this eve of funding wou d we even need grants and it is possib e that property taxes cou d be owered. So uteon • The argument wi be made that a greater sharing of revenue wi never happen. • f we don't at east start the discussion, it certain y won't happen continue. and the spira wi • Our 2009 borrowings wi see their fina payment being made in "2024" Solut on om►~ent that this 15 about about My report makes a raking tough lec,SIOn , about m leade ngphoW things ce are done• this Chang to this Councl. ° across the This is not a referen administration - it 15 about eadership entire spectrum. eadersh►p by demOnstrat fed5 to The City needsooince and the and making pushing the p r isten~ng ersh►p by demonstrate ead changes Short'term? ab°ut the \\.,'hat our capita needs to prioritize -he City decisionS. ram am and our make capital 'Pr°g progr , and prioritizing ~n any be achieved 'By costing at can know wh we can and !MP act of adding and particular ~eary erstthe ahead or bace,. we can ects pro" ects or Mo\ing'PrO- Summary ort. is `"here is a of of information in this re or at most Offer to meet one on one, one on two , on three with members of Counci to review one this in depth if they Wish a ong with Set up a committee of Counci (3) Manager to Commissioner of Finance and Cietys to so ve this initiate dia ogue with other e funding crisis. *.Vhank you nuestiOns .4- Rl-vices 0 0 n s or -mr-inancing anc- nfras-cru'llcru'llre in u-: Sain,[ a$ Presentation to the City of Saint John Harry Kitchen and Enid Slack June 15, 2009 ssues in int o-an inancia - I- S a' Property tax rate too high in Saint Sohn Services that benefit neighbouring communities without compensation to City Grant system out of date nsufficient revenues to finance infrastructure 2 rie Report What it does: Describe and eva uate financing too s for operating and capita expenditures What it doesn't do: Determine how to reduce expenditures Eva uate whether property taxes are too high 3 - A ~un 0 c rincip-es a Efficiency Equity Accountabi ity -ransparency Autonomy Stabi ity and predictabi ity Ease of administration r' Comparisons Tax _ Moncto Prope n - _ er1Cton Fred Saint o" - 1 .65,25 1.416 I - - l tax rate per 1.950 5.9°f° re5identia Average d value $ $10 of asseSSe ent as ° 67'1°f ° ide ltlal asse5s0/,, Of Res ent $1,923 total assessn1 $1,994 Aver • l rope' X1,648 age re5lde vtla es er dwelling tax p 4.1%_ tial property 3.9%, 06 Average redden r-tar 3.90/0 - Canada' 2a tine to afte 200& and statistics tares rela . al S~atzst~csl e _ e Po" of Municzp j11COn1 Annual R P e Statistics. Bru nswick d incom Sources: Mes an - community PTO us Lens x v cuce -e m ropert-v Q/ a/ --'7-avs to a9 ~ / : Substitute user fees for some services (e.g. so id waste co ection and d isposa ) ntroduce new taxes (e.g. vehic e registration fee, tax on non-residentia parking spaces, municipa fue tax piggybacked on provincia) Reduce provincia property tax J- aving e ---or S rvices t--iat 3ene--'-Jt N eig h'D o u rin g C o m m u nitie s Municipa boundary changes (Finn Report) Other revenue too s that capture benefits to commuters and visitors (e.g. genera consumption tax, fue tax) payro tax, tax, hote /mote es r~axeSicharg ohn G - N eW l saint ~ - - % Venue from~1ohn ~ Revenue as . mated ~e of Sa1n d o f roperty tax / o p Revenue as ° , Estimace revenues_ d Of property to revenue - - Estimate revenues 212°f~ I revenue - % X2.2 million A.34 ~ - - 19 24% $1 1 mllhon I come tax (10/0 X21 million personal In ovincial tax) 11.150/o r on p surtax nsumption Tax ~1~ million - General° e point _ 3.190/0 . I (One percentag rovincial have X3.5 million increase In p ed sales taxi- - 1.910/ 2.41% harl1~4n17~ of the Tax ~l Cent per $1 million o 2 6 million _ 1 Motor Fuel 1.~ /o 1%) is't tion $1.4 million _ chicle Re g • 16% CNIoto, 1 n average' f oT Fee ($3 le - ° • 16 thousand each vebic 1 park1ng $136 - $ rNon Rest dentla space, °n thousand Space ($25 per - Lo,v ev a ;tructure Iew -Loo--S to P-inance Deve opment charges "Growth shou d pay for itse f' ~ax increment financing Capturing the increased and va ue arising from pub is investment to pay for the investment Comments ~ransfer provincia property tax room to municipa ities Expand user fees to inc ude so id waste co ection and disposa Re-design the unconditiona grant ntroduce new revenue sources e.g. vehic e registration tax, non-residentia parking tax, fue tax piggybacked onto provincia tax, deve opment charge, tax increment financing 10