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