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2012-04-02_Agenda Packet--Dossier de l'ordre du jour,7 A. .:��f City of Saint John Common Council Meeting Monday, April 2nd , 2012 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.1 Employment Matter 10.2(4)0) 1.2 Land Matter 10.2(4)(d) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 12. Business Matters — Municipal Officers 12.1 Commissioner of Finance and Administrative Services: 2011 Oustanding Contributions re: Pension Plan Going Concern Unfunded Liability 13. Committee Reports 13.1 Committee of the Whole: Resolution 13.2 Pension Board of Trustees: Response to Minister Higgs' Comments in Telegraph 13.3 Committee of the Whole: Report from City Solicitor — Motion to Amend January Resolution of Council re Outstanding Contributions re Pension Plan Going Concern U T 12.1 REPORT TO COMMON COUNCIL March 29, 2012 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: 2011 Outstanding Contributions re: Pension Plan Going Concern Unfunded Liability Background: At the March 26th, 2012 meeting of Common Council the following resolution was defeated: "Resolved that the resolution adopted by Common Council at its open session meeting held on January 31, 2012, dealing with special payments to the City of Saint John Pension Fund, as well as a request to the Province for an associated loan and permission to defer special payments over a period not to exceed 10 years, be amended as follows: 1. The figure "$7,900,000.00" each time it appears be deleted and in each such case the figure "$8,699,453.00" be substituted; and 2. The figure $12,800,000.00 be deleted and the figure $13,600,000.00 be substituted." As was communicated by the City Manager at the March 26th, 2012 meeting there is a statutory obligation to make this contribution to the Pension Plan. The payment was due to be made by March 30th, 2012. I am seeking direction from Common Council as to their wishes with respect to this matter. k The City of Saint John Report to Common Council March 29, 2012 Recommendation: Page 2 That Common Council provides direction to the Commissioner of Finance and Administrative Services as to how they would prefer to resolve this situation. Respectfully Gregory J. Yeo ns, CGA, MBA Commissiono,6f Finance and Administrative Services I -�.I Cite Hall 15 Market Square March 27`h, 2012 P,O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Your Worship, Deputy Mayor and Councillors: City of Saint John Subject: Committee of the Whole - Capital Budget for Fit -up and Occupancy of the New Police Headquarters Facility The Committee of the Whole, having met on March 26`", 2012 adopted the following resolution: RESOLVED that the Committee of the Whole recommends that the budget of $1,995,000 (net of HST) for the fit -up and occupancy budget of the new Police Headquarters facility be approved and responsibility to administer the budget be assigned to the Saint John Board of Police Commissioners. Respectfully Submitted, Jonathan Taylor Assistant Common Clerk City Hall 15 Market Square Your Worship and Members of Common Council April 2, 2012 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Subject: Response to Minister Blaine Higgs' comments in Telegraph Journal At a meeting today, the Pension Board of Trustees passed the following resolution: City of Saint John "RESOLVED that the Pension Board of Trustees forward to Council a statement for the media, prepared today, in response to Minister Higgs' comments in the March 31, 2012 Telegraph Journal as well as the letter from API Asset Performance Inc., dated April 2, 2012 clarifying the Board's investment strategy." Attached is the Pension Board's statement in response to Minister Blaine Higgs' comments in the March 31, 2012 Telegraph Journal as well as a copy of a letter from API Asset Performance Inc. dated April 2, 2012 clarifying the Board's investment strategy. Sincerely, Elizabeth Gormley Secretary Pension Board of Trustees STATEMENT Saint John Board of Pension Trustees Respond to Statements of Finance Minister Blaine Higgs April 2, 2012 Saint John — The City of Saint John Board of Pension Trustees today responded to certain comments attributed to Finance Minister Blaine Higgs, in which he is said to have stated that the strategy for investment was a "double or nothing" program and compared the investment strategy to spending "time in a casino ". The Trustees have responsibility for the investment of the pension fund assets. At all times, these assets have been invested in compliance with the requirements of the provincial Pension Benefits Act and based on advice received from qualified professional investment advisors. The Trustees are advised that the current investment program for the pension fund is no different than the investment program followed by major pension plans across Canada. The investment program is designed to manage risk in the investment portfolio, while still achieving a reasonable rate of return. Over the last number of years, both before and after the 2008 financial crisis, the Trustees, with the advice of qualified investment advisors, have embarked on a systematic program to reduce the risk associated with the investment of the pension fund while still endeavouring to earn a reasonable return. Through 4 separate investments made to date, the Trustees have increased their investments in alternative assets classes and have reduced equity investments. The Trustees continue to maintain a fixed income investment portfolio. No additional money has been placed in equity investments subsequent to the beginning of the 2008 financial crisis. These investment changes are common with the investment programs of most major public pension funds across Canada. Aon Hewitt has advised that these investments in alternative investments provide better diversification, reducing the investment risk of the pension fund, while still maintaining a reasonable expected rate of return. Management of risk in a pension investment portfolio is a continuing responsibility for the Trustees. In early 2011, the Trustees engaged Aon Hewitt to analyse the investment portfolio and provide advice on how risk may be further reduced, while still maintaining a reasonable return. Aon Hewitt reported to the trustees in January 2012, with advice on the current risk associated with the investment portfolio and an approach to further reduce risk over time. The results of the Aon Hewitt review have been shared with the Superintendent of Pensions. Discussions with the Superintendent are continuing with respect to the appropriate investment strategy for the pension plan, in the context of the proposed pension reforms. However, at no time has the Trustees' investment strategy been imprudent or out of step with the investment program of the vast majority of other pension funds in Canada. Continued management of investment risk remains an ongoing focus of the Trustees. The statements attributed to Minister Higgs appear to have arisen in the context of the current proposals by Common Council for reform of the Saint John Pension Act. These proposed changes are currently with the Province for review. The Trustees note that the ultimate responsibility for seeking reforms to the terms of the pension plan rests with Common Council, as sponsor of the pension plan. The Trustees have made their actuarial advisor available to Council and the Province, but have otherwise played no formal role in the reform discussions that have been underway for a considerable period of time between Council, employee groups, and the Province. While these discussions are underway, the Trustees continue to comply with their legal responsibilities, including, at all times, prudent investment of the pension fund, with the assistance and advice of qualified investment advisors. The necessary reforms to the plan continue to present significant challenges that will require the ongoing commitment and participation of Council, employee groups and provincial officials. While these discussions are continuing, it is important that any public comments be accurate, particularly since approximately 1700 employees, retirees and their families depend on the pension fund for their retirement income. The pension Trustees trust that the information in this statement regarding their investment strategy and program will assist in establishing an accurate basis for future discussion. The Trustees will be also seeking an immediate meeting with Minister Higgs on these matters in order to ensure he is fully apprised of the Trustees' role in the investment of the pension fund, and the details of investment program, particularly the Trustees' focus on the management of investment risk. For further comment, please contact: Greg Yeomans Treasurer Board of Pension Trustees Tel - 649 -6028. 164 6 111 API ASSET PERFORMANCE INC. I Performance Measurement, Inveslmenl Management & Risk Analysis Vancouver #400 - 777 W. Broadway April 2, 2012 Vancouver, BC, V5z 437 Tel: 604- 669 -5588 Mr. Greg Yeomans Fax: 604 - 669 -0611 Commissioner of Finance Toronto City of Saint John 5160 Yonge Street 15 Market Square, PO Box 1971 Suite sot Saint John, New Brunswick Toronto, ON M2N 61_9 E2L 41_1 Tel: 416- 922 -2822 Fax: 416 - 922 -8599 Dear Mr. Yeomans, The words of the New Brunswick Minister of Finance, as quoted in the Telegraph Journal Saturday March 31, referring to the City of Saint John Pension Plan are puzzling. "As I understand, the strategy for investment was almost like a (double -or- nothing) program... You know, if we lost a little more money last year, we will invest a little more in the situation this year to try to get it back. I don't know how many of you spend any time in a casino, but I don't think that works well." • The City of Saint John Pension Plan is structured in accordance with the Mean - Variance model published by Professor Harry Markowitz in 1952, where as a mathematician he documented the case for investment diversification, holding non - correlated investments, and not having "all of one's eggs in one basket ". Furthermore the Pension Plan is in accordance with Modern Portfolio Theory whereby the Pension Plan is structured to be in accordance with the Efficient Frontier, i.e. to maximize Return in accordance with a calculated Risk level. Downside Risk is calculated quarterly for the Pension Plan. The Pension Plan has always been governed by the Prudent Man /Prudent Person Rule. In the context of a pension fund deficit with bonds yielding 3.5 -4.0 % per annum and the Actuary stating that at least 6.0 % per annum is required to pay for future estimated liabilities it would be imprudent to invest in 100% Bonds just as it would be imprudent to invest in 100% Equities due to the volatility of that asset class. Virtually all pension funds are structured 60 %/40% in Equities and Bonds with some ranges extending to 70 % /30 % in accordance with a prudent strategy. The City of Saint John Pension Plan as at December 31, 2011 was 22% Fixed Income 54% Equities 23 % Alternatives. The Alternatives asset class is primarily Real Estate and Hedge Funds, both of which have correlations between the Equity and the Bond markets and are offsets to w w w. a p i n e s• t. c o m both. This asset mix has prevailed for a number of years as has the money manager line -up and percentage fluctuations have been due to securities markets and individual money manager performance. Since 2002 in every year apart from 2002 and 2008 the City of Saint John has performed superior to the average pension plan and ranks in the top 27% of Canada's pension plans over the period. In the latest year 2011 City of Saint John ranked in the top 43% of Canada's pension plans, which proved the Asset Mix is functional in all markets because in that year Equities lost money and Bonds had substantial returns. • The asset mix is reviewed each year at the beginning of the year but no changes have been made, apart from consideration of less volatile investments, because the Pension Board and their consultant avoid trying to time the market. I hope these points address the erroneous words reported in the Telegraph Journal. Please don't hesitate to contact me at 416- 922 -2822 should you have any questions. Yours Sincerely, i A� Vaino V. Keelmann Partner w w w. a p i ass • 1. C am The City of saint john April 2, 2012 Committee of the Whole of Common Council of The City of Saint John Mayor Court and Committee Members: City Solicitors Office Bureau de Pavocat municipal Re: March 26, 2012 Meeting of Council Motion to Amend January 31, 2012 Resolution of Council re Outstanding Contributions re Pension Plan Going Concern Unfunded Liability On March 26, 2012 the following motion was placed before Common Council Meeting at Open Session: "Resolved that the resolution adopted by Common Council at its open session meeting held on January 31, 2012, dealing with special payments to the City of Saint John Pension Fund, as well as a request to the Province for an associated loan and permission to defer special payments over a period not to exceed 10 years, be amended as follows: 1. The figure "$7,900,000.00" each time it appears be deleted and in each such case the figure "$8,669,453.00" be substituted; an 2. The figure $12,800,000.00 be deleted and the figure $13,600,000.00 be substituted." In my opinion, there is no question but that the City must make the payment described by the Commissioner of Finance in his correspondence of March 23, 2012 addressed to Committee of the Whole. The vote taken on that motion was 7 in favour and 2 opposed. The Common Clerk advised Council that a 2/3 vote of the whole Council was required to adopt a motion to amend a previously adopted motion. This advice was based on the provisions found in Robert's Rules of Order (see: Henry M. Robert III, William J. Evans, Daniel H. Honemann, Thomas J. Balch, Robert's Rules of Order, 10th Edition. (Cambridge: Perseus Publishing, 2000)). Robert's Rules of Order is implicated in resolving procedural issues respecting Common Council's W SAINT JOHN P.O. Box 1971 Saintjohn, NB Canada E2L4L1 I www.saintjohn.ca I C.P. 1971 Saintjohn, N.-B. Canada E21- 4L1 2 I Common Council April 2, 2010 proceedings by virtue of section 3.2 of Council's Procedural By -Law (the By -Law), which reads as follows : 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 (10th Edition). Consequently, and subsequent to the March 26, 2012 meeting, we have undertaken in consultation with the Common Clerk's office and the Commissioner of Finance an examination of the means by which the matter of the payments lawfully required to be made by the City could be once again placed before Common Council for its consideration. In the course of that examination, we have come to the conclusion that the vote taken on March 26, 2012 did in fact result in the adoption of the motion before Council at that time, i.e. the vote succeeded and a resolution resulted. My reasoning briefly stated is based upon the authority of the Common Council to make decisions on matters lying within its jurisdiction and also upon the provisions of the By -Law. First, the City of Saint John is a common law corporation with the powers and capacity of a natural person except to the extent that its intangibility otherwise prevents and also except as modified by legislation. The deliberative nature of a Municipal Council in New Brunswick is clear from the terms of the Municipalities Act. Similarly, it is a necessary implication of the Municipalities Act in my view that a Common Council's authority to make decisions, includes the authority to change those decisions. (For example see sections 4, 79 10.2 of the Municipalities Act.)The consequences which result from a change of mind will be borne by the municipality and so the Council will be obliged to consider any such consequences in the course of deciding whether to do so. The authority to amend a resolution previously adopted is thus in my view a natural incident of a municipality's authority to make decisions lying within its jurisdiction. The By -Law does not confer authority upon a Council, rather it is the document by which a Council expresses its policy respecting the manner in which its authority is exercised. The pertinent provision of the by -law in the circumstances at hand is, I believe, section 3.9 which states: 3.9 Resolutions — by -laws — passed — enacted — majority vote Except as otherwise provided, resolutions and by -laws are passed and enacted by majority vote. [my emphasis] 3 I Common Council April 2, 2010 Since the by -law does not provide otherwise, in my view, a motion to amend a previously adopted motion will be adopted if the majority votes in favour. Where it is intended otherwise, the by -law clearly states so. For example, section 3.10 provides: 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. The question then becomes: what is a "majority vote". "A majority" is not defined in the by -law; however, read in its entirety the language of the by -law leads me to the conclusion that "a majority" signifies the majority of members present and who are eligible to vote. When the by -law intended otherwise it has expressly said so. For example, in section 3.6 it is stated: 3.6 Quorum — majority of members A quorum of Council shall consist of a majority of the members of the Council. As a consequence, it is my opinion that the motion put before Common Council on March 26, 2012 was in fact adopted on a 7 -2 vote. The Commissioner of Finance is accordingly authorized to proceed as described in the adopted motion. Should any member of Council wish to amend that resolution, they may make a motion to that affect and it will succeed if it receives the support of a majority of members present, eligible to vote. Respectfully Submitted, John C. Nugent City Solicitor