2013-01-02_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Wednesday, January 2, 2013
6:00 pm
Council Chamber
Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le
bureau de la greffiere communale au 658 -2862.
1. Call to Order - Prayer
2. Approval of Minutes
2.1 Minutes of November 30, 2012
2.2 Minutes of December 1, 2012
2.3 Minutes of December 3, 2012
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 YMCA -YWCA Letter of Thanks (Recommendation: Receive for Information)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings
10. Consideration of By -laws
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Pages
1 -2
3 -4
5 -13
14-15
Powered BY; J LBE-
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 City Manager: 2013 General Fund Operating Budget (Tabled from Dec 17, 16-30
2012)
12.2 City Manager: Digital Orthophotography Agreement with Surrounding 31 -40
Municipalities
13. Committee Reports
13.1 Canada Games Aquatic Centre Commission Response re: Affordability 41 -41
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Planning Advisory Committee: Street Vesting (New Signalized Intersection) 42-51
418 -424 and 419 -421 Rothesay Avenue
16.2 Pension Information Session (Councillor MacKenzie) 52-52
17. Committee of the Whole
18. Adjournment
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City of Saint John
Common Council Meeting
Wednesday, January 2nd, 2013
Committee of the Whole
1. Call to Order
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.
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. 8t" Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Nominating Committee 10.2(4)(b)
1.3 Nominating Committee 10.2(4)(b)
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The City of Saint John
S6ance du conseil communal
Le mercredi 2 janvier 2013
Salle du conseil, 18 h
Comit6 pl6nier
l.Ouverture de la s6ance
Si vous avez besoin des services en frangais pour une reunion du conseil communal,
communiquez avec le bureau de la greffi6re communale au 658 -2862.
Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en
priv6 en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le
conseil /comit6 prendra une ou des decisions a cet egard au cours de la seance publique
16 h 30 — Salle de conference, 8e 6tage, hotel de ville
1.1 Approbation du proc&s- verbal — paragraphe 10.2(4)
1.2 Comite des candidatures — alinea 10.2(4)b)
1.3 Comite des candidatures — alinea 10.2(4)b)
S6ance ordinaire
1. Ouverture de la s6ance, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal du 30 novembre 2012
2.2 Proces- verbal du 1 er decembre 2012
2.3 Proces- verbal du 3 decembre 2012
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises i 1'approbation du conseil
5.1 YMCA -YWCA — Lettre de remerciements (recommandation : accepter a
titre informatif)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. Delegations et presentations
9. Audiences publiques
10. Etude des arrWs municipaux
11. Interventions des membres du conseil
12. Affaires municipales 6voqu 6es par les fonctionnaires municipaux
12.1 Directeur general : Budget de fonctionnement du fonds d'administration de
2013 (point report& de la s6ance du 17 d6cembre 2012)
12.2 Directeur g &n &ral : Entente sur 1'orthophotographie num6rique avec les
municipalit &s environnantes
13. Rapports deposes par les comit6s
13.1 R6ponse de la Commission du Centre aquatique des Jeux du Canada
concernant 1'abordabilit6
14. Etude des sujets &cartes des questions soumises a 1'approbation du conseil
15. Correspondance g &n&rale
16. Ordre du jour suppi6mentaire
16.1 Comit& consultatif d'urbanisme : D6volution de terrains a titre de rue
(nouvelle intersection signalis6e) visant les 418 -424 et les 419 -421,
avenue Rothesay
16.2 S &ance d'information sur les pensions (conseiller MacKenzie)
17. Comit6 pl&nier
18. Lev &e de la s6ance
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COMMON COUNCIL /CONSEIL COMMUNAL
NOVEMBER 30, 2012 /LE 30 NOVEMBRE 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — NOVEMBER 30, 2012 - 3:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and
Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; K. Forrest,
Commissioner of Growth and Development Services; W.
Edwards, Commissioner of Transportation and Environment
Services; A. Poffenroth, Deputy Commissioner of Building and
Inspection Services; K. Clifford, Fire Chief; E. Gormley, Common
Clerk and J. Taylor, Assistant Common Clerk
Call To Order
Mayor Norton called the meeting to order.
1.1 City Manager: Budget Process Overview
1.2 City Manager: 2013 Operating Budget
Referring to a submitted presentation and materials, the City Manager provided an
overview of the proposed 2013 budget process.
1.3 Service Alignment Plan SJ
Referring to a submitted presentation, the Commission of Growth and Development
Services provided on overview of Plan SJ.
1.4 Core Services Review
Referring to submitted materials, Todd MacDonald, President and Principal Consultant
of Performance Concepts Consulting, presented the 2012 core services review results
for the City of Saint John.
2. Approval of Minutes
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
6. Members Comments
7. Proclamation
8. Delegations /Presentations
9. Public Hearings 7:00 P.M.
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. Supplemental Agenda
17. Committee of the Whole
18. Adjournment
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the Common Council meeting of
November 30, 2012 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 6:00 p.m.
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COMMON COUNCIL /CONSEIL COMMUNAL
NOVEMBER 30, 2012/LE 30 NOVEMBRE 2012
Mayor / maire
Common Clerk / greffiere communale
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COMMON COUNCIUCONSEIL COMMUNAL
DECEMBER 1, 2012/LE 1 DECEMBRE 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 1, 2012 — 9:00 A.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon, Snook and
Strowbridge
and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; K. Forrest,
Commissioner of Growth and Development Services; W.
Edwards, Commissioner of Transportation and Environment
Services; W. Reid, Chief of Police; K. Clifford, Fire Chief; E.
Gormley, Common Clerk and K. Tibbits, Administrative Assistant.
1. Call To Order
Mayor Norton called the meeting to order.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the agenda of this meeting be
approved.
Question being taken, the motion was carried.
1.1 City Manager: Expectations and Outcomes
Mr. Woods explained that Council has been briefed on the initial findings from the core
services review, adding that Council will be hearing from six main service areas in
preparation for the 2013 budget. He requested that Council provide him with direction
respecting funding levels for specific service areas.
1.2 Service Area Presentations
1.2.1 Transportation & Environment Services (Roads and Sidewalks)
Referring to a submitted report, Mr. Edwards commented on the findings of the core
services review and he provided an overview of the Transportation and Environment
services.
1.2.2 Recreation & Community Development
Referring to a submitted presentation, Mr. Hugenholtz, Operations Manager, provided
information respecting recreational programming and the 2013 budget.
Referring to the grants given by the City to organizations, Mr. Woods advised that
Council makes the final decision with respect to allocating the grants.
1.2.3 Growth & Development Services
(Mayor Norton withdrew from the meeting. Deputy Mayor Rinehart assumed the chair.)
Referring to a submitted presentation, Mr. Forrest and Ms. Poffenroth, Deputy
Commissioner of Building and Inspection Services, highlighted the proposed 2013
budget for the Growth and Development service area.
(Mayor Norton re- entered the meeting during the discussion and assumed the chair.)
1.2.4 Saint John Transit Commission
Mr. Woods stated that during the public consultation process, Saint John Transit was
identified as an area of public concern. He indicated that the City covers the capital
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COMMON COUNCIUCONSEIL COMMUNAL
DECEMBER 1, 20121LE 1 DECEMBEE 2012
outlays and the debt retirement associated with the infrastructure for the transit service
as well as the operating component, noting that Mr. McCarey, General Manager of Saint
John Transit Commission, is responsible for the operating component only.
Referring to a submitted report, Mr. McCarey outlined the cost impact associated with
various service levels for Saint John Transit. He noted that the objective in 2013 is to at
least retain the minimum of 2012 transit service hours.
1.2.5 Fire Services
Referring to a submitted report, the Fire Chief reviewed the recent arbitration award for
IAFF Local 771 and its associated cost impact to the fire department_ The Fire Chief
provided an overview of the operation of the fire department and he responded to
questions.
1.2.6 Policing Services
Mr. Chris Waldschutz, chair of the Saint John Police Commission, authorized Police
Chief Reid to address Council with respect to the 2013 budget on behalf of the Police
Commission.
Mr. Woods advised that Council has authority to provide the overall envelope of money
for policing services, noting that it has no authority with respect to specific expenditures_
He explained that Council has a legal obligation under the act to provide an adequate
policing service.
Referring to a submitted presentation, the Police Chief reviewed the proposed 2013
Police budget and he responded to questions.
1.3 Core Service Review: Opportunities for Service Efficiencies and
Improvements
1.4 Council Direction
1.5 City Wrap -Up
Mr. Woods noted that Council has received presentations from the larger service areas,
the economic development agencies, as well as information on the debt and pension
issues, noting that these together account for approximately $125,000,000 of the overall
City budget.
Mr. Woods advised that he would present a draft budget for Council's consideration at
the next meeting, adding that the 2013 budget would not include a tax increase.
18. Adjournment
The Mayor declared the meeting adjourned at 2;15 p.m.
Mayor 1 maire
Common Clerk 1 greffiere communale
4
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 2012/LE 3 DECEMBRE 2012
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — DECEMBER 3, 2012 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton,
MacKenzie, McAlary, Merrithew, Norton, Reardon and Snook
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham,
Comptroller; M. Reid, Senior Planner; W. Edwards,
Commissioner of Transportation and Environment Services; K.
Clifford, Fire Chief; C. Elgee, Acting Staff Sergeant, Police; E.
Gormley, Common Clerk and J. Taylor, Assistant Common Clerk.
1. Call To Order — Prayer
Mayor Norton called the meeting to order and Reverend Aucoin offered the opening
prayer.
2. Approval of Minutes
3. Approval of Agenda
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the agenda of this meeting with
the addition of items 17.1 Committee of the Whole_ Investigative Solutions Network Inc.
Contract and 17.2 Committee of the Whole: Interest Arbitration Award — City of Saint
John and IAFF Local 771, be approved.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That the letter from the Saint John Mill Rats regarding the 2013 NBL Canada All
Star Weekend be referred to the City Manager and 2013 Budget Deliberations.
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
6. Members Comments
Council members commented on various community events.
7. Proclamation
7.1 International Day of Persons with Disabilities — December 3, 2012
The Mayor proclaimed December 3, 2012 International Day of Persons with Disabilities
in The City of Saint John.
8. Delegations /Presentations
10. Consideration of By -laws
10.1 Third Reading - Stop Up and Close portion of Market Place
On motion of Councillor McAlary
Seconded by Councillor Farren
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COMMON COUNCIUCONSEIL COMMUNAL
DECEMBER 3, 20121LE 3 DECEMBRE 2012
RESOLVED that the By -Law entitled, "By -Law
Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing
of Highways in The City of Saint John" with regard to Market Place, be read.
Question being taken, the motion was carried.
The By -Law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting
the Stopping Up and Closing of Highways in The City of Saint John ", was read in its
entirety.
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the By -Law entitled, "By -Law
Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing
of Highways in The City of Saint John" with regard to Market Place, be read a third time,
enacted and the Corporate Common Seal affixed thereto
Question being taken, the motion was carried.
Read a third time by title the by -law entitled, "By -Law Number M -23, A By -Law to Amend
a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint
John ".
11. Submissions by Council Members
11.1 Creating Better Departmental Efficiencies (Councillor Farren) (Forwarded
from November 26, 2012)
The City Solicitor advised that his department is currently in the process of testing
software that will help identify which City departments are requiring the Solicitor's office
services and to what extent. Mr. Nugent recommended that the City engage an
independent third party to examine the value for money offered by the Solicitor's office.
On motion of Councillor Reardon
Seconded by Deputy Mayor Rinehart
RESOLVED that the letter from Councillor Farren
entitled Creating Better Departmental Efficiencies be referred to the City Manager and
City Solicitor for a report and recommendation.
Question being taken, the motion was carried with Councillors Farren,
Fullerton and Snook voting nay.
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the letter from Councillor Farren
entitled Creating Better Departmental Efficiencies be referred to the City Manager to
review all departments to see if a similar type of benchmark can be used in the near
future.
Question being taken, the motion was carried.
11.2 Update on Watershed Management (select wood cutting) (Councillor
Farren) (Forwarded from November 26, 2012)
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the City Manager provide an
update to Council on watershed management as soon as possible.
Question being taken, the motion was carried.
K. Mason, Deputy Commissioner of Saint John Water, advised that the University of
New Brunswick was engaged by the City to provide a forest management plan. He
explained that UNB has begun an investigation and analysis of the City's watershed
areas, adding that a report to Council from the City Manager is expected near the end of
March 2013.
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 2012/LE 3 DECEMBRE 2012
12. Business Matters - Municipal Officers
12.3 City Manager: Harbour Clean -Up Program Update (Forwarded from
November 26, 2012)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the submitted report M &C 2012-
285: Harbour Clean -Up Program Update be received for information.
Question being taken, the motion was carried.
12.4 City Manager: Market Place West -- Phase 1 Revitalization Recommendation
for Award of Contract (Forwarded from November 26, 2012)
On motion of Councillor Snook
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -288: Market Place West — Phase 1
Revitalization Recommendation for Award of Contract be awarded to the low tenderer
ICR General Contractors Ltd. at a tender price of $480,000 including HST and further,
that the Mayor and Common Council be authorized to execute the necessary contract
documents.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
12.5 City Solicitor: Fire Protection By -Law — Unsecured Refuse on Property (18t
and 2 "d Readings) (Forwarded from November 26, 2012)
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled
"A By -law respecting Fire Protection in The City of Saint John" with the addition of
11000" and 15200" respectively in section 6 under the heading Offences, be read a
first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled "A By -law respecting Fire Protection in The
City of Saint John."
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the by -law entitled
"A By -law respecting Fire Protection in The City of Saint John" with the addition of
11000" and "$5200" respectively in section 6 under the heading Offences, be read a
second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A By -law respecting Fire Protection in
The City of Saint John."
12.6 Commissioner of Finance: Terms of the November 2012 Debenture Issue
(Forwarded from November 26, 2012)
(Deputy Mayor Rinehart withdrew from the meeting)
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the report entitled Terms of the
November 2012 Debenture Issue be received for information.
Question being taken, the motion was carried.
13. Committee Reports
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 2012/LE 3 DECEMBRE 2012
13.1 Planning Advisory Committee: Skills Matrix
On motion of Councillor Merrithew
Seconded by Councillor Snook
RESOLVED that the report entitled Planning
Advisory Committee: Skills Matrix be referred to the Ad Hoc Committee to Review
Boards, Commissions and Committees.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that items 16.1 to 16.9 be lifted from
the table.
Question being taken, the motion was carried.
16. Supplemental Agenda
16.1 J. Campbell Letter Re: Pension Plan
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the letter entitled J. Campbell
Letter Re: Pension Plan be received for information.
Question being taken, the motion was carried.
16.2 Proposed Public Hearing Date - 8 Rockwood Avenue, 1875 & 1925 Bayside
Drive, 345 Boars Head Road (Cambridge Estates) and 2112 Bayside Drive
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -292: Proposed Public Hearing Date - 8
Rockwood Avenue, 1875 & 1925 Bayside Drive, 345 Boars Head Road (Cambridge
Estates) and 2112 Bayside Drive Common Council schedule the public hearings for the
rezoning applications of Haldor (1972) Ltd. (8 Rockwood Avenue), Hughes Surveys &
Consultants Inc. (1875 & 1925 Bayside Drive, 345 Boars Head Road /Cambridge
Estates, and 2112 Bayside Drive) for Monday, January 7, 2013 at 7:00 p-m_ in the
Council Chamber, and refer the applications to the Planning Advisory Committee for a
report and recommendation.
Question being taken, the motion was carried.
16.3 Actionable Resolutions Reflecting up to the November 26, 2012 Council
Meeting
(Deputy Mayor Rinehart reentered the meeting)
On motion of Councillor Merrithew
Seconded by Councillor MacKenzie
RESOLVED that the report entitled Actionable
Resolutions - Reflecting up to the November 26, 2012 Council Meeting be received for
information_
Question being taken, the motion was carried.
16.5 City Manager: Contract No. 2012 -22 - Somerset Street (Wellesley Avenue to
Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 20121LE 3 DECEMBRE 2012
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -293: Contract No. 2012 -22: - Somerset
Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street
Reconstruction:
1. Contract No. 2012- 22: Somerset Street (Wellesley Avenue to Samuel Davis Drive)
Storm Sewer Installation and Street Reconstruction be awarded to the low Tenderer,
Galbraith Construction Ltd., at the tendered price of $2,249,093.24 as calculated based
upon estimated quantities, and further that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
2. Council approve the reallocation of the $500,000 surplus funding from this project
(Somerset Street - Wellesley Avenue to Samuel Davis Drive Storm Sewer Installation
and Street Reconstruction) to the Millidgeville Storm Water Detention Pond Project.
Question being taken, the motion was carried.
16.6 Common Clerk: Scheduling a Committee of the Whole Meeting
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that a Committee of the Whole
meeting be scheduled on Thursday, December 6th at 4:30 p.m. in the 8th floor
boardroom to discuss a personnel matter 10.2(4)(b,j).
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
16.7 Common Clerk: Nominating Committee Portal
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the report entitled Common Clerk:
Nominating Committee Portal be received for information.
Question being taken, the motion was carried.
16.8 AIDS Saint John Request to Present
On motion of Deputy Mayor Rinehart
Seconded by Councillor MacKenzie
RESOLVED that the request to present from AIDS
Saint John be referred to the Common Clerk to schedule.
Question being taken, the motion was carried with Councillors Snook and
Fullerton voting nay.
17. Committee of the Whole
17.1 Committee of the Whole: Investigative Solutions Network Inc. Contract
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that as recommended by the
Committee of the Whole, having met on December 3, 2012, Council:
1. Receive for information the interim update from Investigative Solutions Network Inc.
(ISN) on the progress of their investigation as contained in Attachment A of the
submitted report;
2. Direct ISN to develop a strategy to prioritize investigative resources prior to further
funding approvals.
Question being taken, the motion was carried.
17.2 Committee of the Whole: Interest Arbitration Award — City of Saint John and
IAFF Local 771
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COMMON COUNCIL/CONSEIL COMMUNAL
DECEMBER 3, 2012/LE 3 DECEMBRE 2012
On motion of Councillor MacKenzie
Seconded by Councillor Snook
RESOLVED that the interest arbitration award
dated November 8, 2012 respecting the terms of a collective agreement between the
City of Saint John and the IAFF Local 771 be referred to the City Solicitor for a legal
opinion.
Question being taken, the motion was carried
The Mayor declared a 5 minute recess
9. Public Hearings 7:00 P.M.
9.1 Proposed By -Law Amendment 12 Fern Street
The Common Clerk advised that the necessary advertising was completed with regard to
Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel
of land with an area of approximately 447 square metres, located at 12 Fern Street, also
identified as being PID Number 55166029, from "R -2" One and Two Family Residential
to "R -4" Four Family Residential.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of planning staff's report considered at its November 21St, 2012
meeting at which time the Committee recommended the rezoning of a parcel of land
located at 12 Fern Street, as described above, with Section 39 conditions_
The Mayor called for members of the public to speak against the re- zoning with no one
presenting.
The Mayor called for members of the public to speak in favor of the re- zoning with no
one presenting.
On motion of Councillor McAlary
Seconded by Councillor Snook
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of
approximately 447 square metres, located at 12 Fern Street, also identified as being PID
Number 55166029, from "R -2" One and Two Family Residential to "R4" Four Family
Residential, be read a first time.
Question being taken, the motion was carried
Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The
City of Saint John."
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of
approximately 447 square metres, located at 12 Fern Street, also identified as being PID
No. 55166029, from "R -2" One and Two Family Residential to "R -4" Four Family
Residential, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of
The City of Saint John."
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that Council move forward items 16.4
and 16.6 on the agenda.
Question being taken, the motion was carried.
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 20121LE 3 DtCEMBRE 2012
Deputy Mayor Rinehart declared a conflict of interest with items 16.4 Pension Plan and
16.9 City Manager.' Pension Reform - Draft Resolution and she withdrew from the
meeting.
Responding to a question, the City Solicitor advised that the decision to disclose a
conflict of interest rests with the individual member of Council, adding that said decision
should be based upon the applicable provisions of the Municipalities Act respecting a
conflict of interest. Mr. Nugent explained that the Act states a member of Council has a
conflict if he or a family associate has an interest in any other matter in which Council is
concerned that would be of financial benefit to him or the family associate.
Councillor Farren declared a conflict of interest with items 16.4 Pension Plan and 16.9
City Manager Pension Reform - Draft Resolution and he withdrew from the meeting.
16.4 Pension Plan (Councillor Fullerton)
On motion of Councillor Fullerton
Seconded by Councillor Snook
RESOLVED that:
1) Council hire an independent expert to review the proposal by the Pension Task Force
and to make a recommendation to Council on how we should proceed. This expert must
not be recommended by either the Pension Task Force or City Staff, but instead, chosen
by Council.
2) Council does not vote on the recommendations until two weeks after receiving the
above expert's report.
Question being taken, the motion was defeated with Councillors
MacKenzie, McAlary, Merrithew, Norton and Reardon voting nay.
16.9 City Manager: Pension Reform - Draft Resolution
On motion of Councillor Snook
Seconded by Councillor Merrithew
RESOLVED that section 12.5 of Council's
Procedural By -Law respecting speaking time limitations for Council members be
suspended for this item.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the Common Council of The City
of Saint John is supportive in principle of converting the existing City of Saint John
Pension Plan to a Shared Risk Plan as the latter is provided for under the Pension
Benefits Act, and further be it RESOLVED that the City jointly with CUPE retain
Goodmans LLP to provide a draft MOU setting out all material amendments to the
existing Pension Plan which would be affected by such a conversion and advice related
thereto.
Councillor Snook recommended that Council seek a second opinion on the pension
matter.
Councillor Fullerton stated that she would recommend a defined contribution benefit for
future employees, adding that she is concerned with Goodmans LLP representing both
the City and CUPS.
Question being taken, the motion was carried with Councillors Fullerton
and Snook voting nay.
(Deputy Mayor Rinehart and Councillor Farren reentered the meeting)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that item 12.2 City Manager: 2093
Water & Sewer Utility Fund be lifted from the table.
11
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 20121LE 3 DECEMBEE 2012
Question being taken, the motion was carried.
12,2 City Manager: Proposed 2013 Operating Budget - Water and Sewerage
Utility Fund (Forwarded from November 26, 2012)
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -260: Proposed 2013 Operating Budget -
Water and Sewerage Utility Fund Common Council adopt the following resolutions:
1. The estimated revenue for the Water and Sewerage Utility for the year 2013 in the
amount of $38,768,000 be adopted (Appendix "A ");
2. The estimate of expenses for the Water and Sewerage Utility for the year 2013 in the
amount of $38,768,000 be approved (Appendix "B "); and
3. The By -Law entitled A By -Law to Amend a By -Law Respecting Water & Sewerage
(Appendix "C ") be given first and second reading.
Question being taken, the motion was carried with Councillor Snook
voting nay
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled
"A By -law to Amend a By -law Respecting Water and Sewerage" be amended by
repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2013
schedules "A" and "B ", be read a first time.
Question being taken, the motion was carried with Councillor Snook voting nay.
Read a first time by title, the by -law entitled "A By -law to Amend a By -law Respecting
Water and Sewerage."
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that the by -law entitled
"A By -law to Amend a By -law Respecting Water and Sewerage" be amended by
repealing Schedules "A" and "B" in Section 44, and substituted by the submitted 2013
schedules "A" and "B ", be read a second time.
Question being taken, the motion was carried with Councillor Snook voting nay.
Read a second time by title, the by -law entitled "A By -law to Amend a By -law Respecting
Water and Sewerage.'
12.1 City Manager: 2013 Water & Sewer Utility Capital Budget (Forwarded from
November 26, 2012)
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that item 12.1 City Manager 2013
Water & Sewer Utility Capital Budget be lifted from the table.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2012 -284. 2013 Water & Sewer Utility Capital
Budget:
1) Common Council Approve the 2013 Capital Budget for the Utility Fund in the amount
of $20,665,000 (gross) with contributions from other sources of $4,835,000 yielding a
Capital Budget in the amount of $15,830,000 (net) as set in Appendix A
12
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COMMON COUNCILICONSEIL COMMUNAL
DECEMBER 3, 20121LE 3 DtCEMBRE 2012
2) The City of Saint Jolin and Saint John Water make no expenditures from the
envelope identified for safe, clean drinking water, or from the envelope identified for
watershed protection, without express approval of Council.
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the Council meeting of December
3, 2012 be adjourned.
The Mayor declared the meeting adjourned at 9:15 p.m.
Mayor 1 maire
Common Clerk 1 greffiere communale
13
lv
December 19, 2012
City Council
City of Saint John
Dear Your Worship, Mel Norton, and Members of the City of Saint John Council:
YMCA -YWCA of
Greater Saint John
130 Broadview Ave.
Saint John NB E2L 5C5
(506)693-9622
I would like to take this opportunity to thank the Saint John City Council and Staff for their
continued and valuable support of the YMCA -YWCA of Greater Saint John ( "The Y ") through the
partnerships, grants and general support that you have shown and provided to The Y. The Y would
not have achieved the level of success and the positive presence in our community it has without
the City's assistance and continued support.
One of my roles as chair of the Board of Directors for The Y is to educate and inform our
community of the various programs and services that is offered by The Y. It is all too common to
see the Y as a `gym and swim' organization, as these are the programs which are the most visible to
the community. However, The Y is much more. Many of the services The Y offers cannot be found
in just one place and are located across the Greater Saint John area from Hampton to Martinon.
The Y is currently found in 14 different locations including: Prince Edward Square, The Early
Learning Centre, Broadview Avenue, Millidgeville Community Centre, the QPlex in Quispamsis,
Forest Glen Community Centre, West Side Child Care and After School Sites, the Martinon
Community Centre, Camp Glenburn and the Glenn Carpenter Centre. At these locations we offer
child care, after school programming, day camping, residential camping, newcomer to Canada
services, business training, and the list goes on. As you can see, The Y has a broad reach and we
continue to search out new partnerships that will allow us to do more to make the Greater Saint
John area the best it can be.
As we live in a constantly changing world, The Y too must be versatile and constantly changing.
That said, this continuing evolution is always guided by our mission statement, which states "The Y
is a charity, open to all, dedicated to providing programs and services to help individuals, families and
communitiesgrow and develop in spirit, mind and body ". As a community grows and develops, so
does The Y as it is a community organization and asset. Whether it be providing high quality, safe
and licensed child care for our most important of assets or through welcoming newcomers to
Canada, many who have never known Peace, The Y has never, and will never, turn away anyone in
need, for if we lose one member of a community, we have lost too many. Through our generous
donors, we have a mechanism whereby everyone can take part in The Y, as you all know,
everything costs something to provide, so our ability to be open and accessible for all relies heavily
on our donors and our partners. For example, through our partnership with the City of Saint John
and our new operating agreements for some community centres, we provide drop in access for no
door charge, as the City of Saint John is sponsoring this service. As our older agreements come up
for renewal, I anticipate that similar clauses will be incorporated.
Building �%ealNy
c omrmunifies
14
We know how many in the Greater Saint John area need the help of the community, not by being given a
hand out but a hand up. We know that the new Y building on Churchhill Blvd will be an anchor that will
drive development and will change people's perception of the Crescent Valley from being an At Risk
community to being one that is At Promise. There is a lot of promise in the residents in that area (just ask
Cst. Don Metcalf, the recipient of our 2012 Peace Medal for his work in that community) and in all of
Greater Saint John. The Y, through its partnership with the City of Saint John and others, will create a
community that encourages development and growth for all.
Again, the Board and Staff of The Y wish to thank the City of Saint John for providing support for The Y to
allow it to carry out its great work and provide more opportunities for all in the community, young and
old alike. We look forward to working together to develop opportunities and programming for youth in
our City.
On behalf of the Board of Directors and the Staff of the Y, I would like to extend our Season's Greetings
and a wish for Peace and Prosperity for 2013.
Sincerely
Dean Mullin, CA
Chair, Board of Directors
cc: Shilo Boucher, CA, CEO
15
REPORT TO COMMON COUNCIL
December 12, 2012'
d
His Worship Mayor Mel Norton and ThrdWafs"jahn
Members of Common Council
Your Worship and Councillors,
Subject: 2013 General Fund Operating Budget
The purpose of this report is to propose a 2013 General Fund Operating Budget and a property
tax rate of $1.785.
The Context
Priorities
Common Council pursued a deliberate and focused approach to establishing their strategic
priorities for the next four years. Citizen input was solicited at ward meetings and through a
formal Ipsos Reid satisfaction survey. An ecocomie development plan, True Growth 2.0, was
formulated after extensive consultation with the private sector and other key stakeholders.
Council then engaged in a priority planning exercise to set out their key objectives. At the same
time, a Core Service Review process was initiated to look at comparable service benchmarks and
to identify opportunities to improve services or reduce costs.
While broad themes were evident, certain pressing matters came to the forefront. A compelling
need to solve the pension funding issue, the importance of re- investing in road improvements,
the significance of creating a livable community with enhancements to recreation services, a
focused and coordinated approach to economic development and the all- important need to
address the issue of Clean Water were identified as top priorities. Implementation of the policies
and principles of PlanSJ were also endorsed as the vehicle to advance the well -being of Saint
John and its residents through sound planning and development.
Pension Funding
Council, with the support of the Province of New Brunswick Task Force, commissioned an
analysis of a Shared Risk Pension model as a means of rendering the pension plan both
affordable and sustainable over the long -term. The City has already accrued a $195M liability
and the funding situation, has been deteriorating for a number of years.
16 [_ _
Page 2
The Task Force reported that the current plan was unsustainable and would cost the City $26.2M
per year to fund in future years with the risk of additional costs if the financial condition of the
plan worsened. They assessed the option of converting to a Defined Contribution Plan and
concluded that this would cost a minimum of $29M per year as the City would be obligated to
retire the existing $195M liability and contribute to the Defined Contribution Plan. Their
analysis of the Shared Risk model indicated that total annual plan contributions could be reduced
to $16.4M and that the City's risk exposure would be limited to an additional 2.75% of payroll if
the plan condition worsened.
The Task Force recommended that the City adopt the Shared Risk Model. The City has provided
$22.7M in the 2012 operating budgets for the General Fund and Water Utility and with a move
to the Shared Risk option (with the deferral) the City's General Fund portion of the savings
would result in an immediate reduction of approximately $4,340,000 in the required contribution
to the pension plan in 2013.
A portion of the projected savings must be used to absorb the cost of existing LTD claims which
will no longer be an eligible expenditure in the SRP model. The total annual cost will amount to
$1.97M of which all but $191,000 will be in the Operating Budget. This payment obligation will
diminish with time as the beneficiaries turn 65 and move to regular pension status.
The City was unable to conclude the pension reform process as planned in 2011 and therefore
was obligated to contribute more than originally budgeted. This translated into a net shortfall of
$3.6M in the overall 2011 financial results. While the required amounts have been paid to the
plan, the City has requested an `accounting' deferral that would allow the contribution to be
recognized over an extended number of years. This will avoid a substantial deficit in 2011 and
allow the savings from the Shared Risk Plan to be re- invested in needed services.
The 2013 Operating Budget as presented is predicated on the City adopting the shared risk
approach and securing the requested accountinu deferral.
PlanSI
Clearly, implementation of PIaySJ offers a transformative opportunity for our community. It
establishes a well- defined baseline for future policy development, targets higher density
development and future growth in the primary development area and yet still provides a range of
rural, suburban and urban lifestyles for citizens to choose from. It is also evident from the Core
Service Review that future deliberations on service delivery will have to consider service level
options both inside and outside the primary development area. This will be an evolving debate
but it offers the potential for lower costs as well as more effective and more efficient service
delivery.
PIaySJ
The preliminary results of the PIaySJ review concluded there is an over - abundance of parks and
playgrounds and as a result, the quality of the facilities has been compromised. It points to the
need to concentrate on improving quality rather than quantity. The PIaySJ report will be released
shortly and an opportunity for public input will be provided. It is anticipated that little used or
17
Page 3
substandard facilities will be taken out of service in favour of allocating the available resources
to those that are in active use and can serve larger areas.
Fiscal Responsibility
An overarching theme during Council's deliberations was the need to act in a fiscally responsible
manner. In practice this means living within the available revenue envelope, avoiding a tax rate
increase, focusing on the long -term interests of the community, managing our debt obligations,
balancing expenditures to ensure that a range of community needs are addressed and ensuring
that short-term decisions do not compromise our ability to respond to new opportunities or
address emerging challenges.
The availability of additional funds does not eliminate the need to exercise good judgment in the
use of public funds. The base budgets for each service area were prepared on the assumption
that current service levels would not increase. In other words the savings and reductions applied
in previous years will be retained. The proposed budget provides for selective service
enhancements based on Council's priorities and the public feedback during the community
consultations.
Revenues
The City is legally obligated to present a balanced operating budget. Effectively, expenditures
cannot exceed the available revenues. The three main sources of revenue for the City are
property taxes, the Community Funding grant transfer from the Province and proceeds from the
sale of services.
Total revenues are projected at $147,914,458 for 2013 an increase of 3.272M$ or 2.26% over
2012 with $118,239,743 derived from property taxes at the current $1.785 tax rate, $18,579,923
from the Provincial transfer and $11,094,792 from levies, fines and the sale of goods and
services.
There are no increases in service charges for recreation, parking, building permits or
development applications proposed in this budget.
Expenditures
The 2013 operating budget proposes total expenditures of $147,914,458. Approximately $2.65
million was necessary to simply absorb increased costs of wages, insurance, fuel and other base
expenditures.
Each department's service based budget submission documents the planned service objectives
and required resources for next year, The focus areas for the proposed budget directly reflect the
priorities established by Common Council and our statutory responsibilities,
The more significant allocations and adjustments proposed for 2013 are noted below.
IN
Page 4
Pension — the proposed budget is predicated on the City eventually adopting the Shared Risk
Pension Model. The SRP model requires minimum funding of 30% of payroll or $16.4M
million. There is also a necessity to transfer the annual cost of LTD benefits ($1.78M), which
are not permitted under the SRP approach, from the pension plan to the operating budget. The
net impact is a year over year cost reduction for pension of $2.56M for 2013. The cost sharing
mechanism for an insured LTD plan has yet to be determined.
PlanSJ' — actual implementation of P1anSJ requires revising the Building Bylaw, Zoning Bylaw,
and Subdivision Bylaw, establishing Infrastructure Guidelines and creating a Stormwater Bylaw
as well as amending the Water and Sewerage Bylaw. This is a complex and involved process
that is dependent on having qualified and capable professional resources. This is not a process
that can be left to evolve over an extended number of years. Rather it is important that the
development community understand the rules of the road and it is equally important that the
policies be well defined so that the desired process improvements can be properly formulated.
The 2013 budget retains a full staff complement in the Growth and Development Department
and provides an additional $180,000 for two contract positions to assist in moving these various
elements forward on a timely basis. It is anticipated that legal services will be directly impacted
by the additional workload and a lump sum of $50,000 has been provided to secure supplemental
resources.
Roads and Sidewalks — there is universal recognition that additional work needs to be
undertaken to improve the overall condition of our road and sidewalk network. The City
Engineer has advised that in order to target a Pavement Condition Index of 80 the 2013 operating
budget would have to be increased from the current $3.1M to $4.4M. In addition, the operating
budget for curb and sidewalk work would have to be increased by $150,000. Both envelopes are
increased accordingly. It is recommended that the current level of service for sidewalk snow
plowing remain at the current 61 % coverage target.
Recreation and Parks Services- a range of quality recreation opportunities for children, adults
and seniors is a fundamental necessity in a livable attractive community. The budget
contemplates providing a free recreation component at each of the community centers ($60,000),
a partnership with ONE Change to operate the Nick Nicolle Community Centre ($30,000),
enhancing youth participation ($72,500) with additional casual resources, summer operation of
Mispec Park ($45,000) and Lifeguard services extended until September 2nd ($30,000).
Transit — The base budget for the Transit Service necessitates a $947k funding increase just in
order to cover recurring debt charges and other inflationary adjustments. It is proposed that an
additional $350,000 be allocated to the service to specifically target evening service in priority
neighbourhoods, the Hospital/UNB route and morning service. It is projected that this extra
funding will yield approximately 7 -8,000 additional service hours. The Transit Commission will
be required to present Council with a detailed implementation plan including not just service
hours but also ridership usage as well as demonstrating how service improvements are consistent
with the P1anSJ direction and identify any needed capital investments prior to accessing the
additional funds. Funding in subsequent years is intended to be dependent on successful
achievement of desired outcomes.
Economic Development — the adoption of True Growth 2.0 and Council's stated priority to have
an integrated and coordinated approach to Economic Development will create new opportunities
19
Page 5
for the community and the region. It is proposed that the Economic Development envelope be
increased by $143k to $2.3M with the additional funding going to Enterprise Saint John in order
to allow it to take a leadership role in the implementation of the True Growth 2.0 initiative. New
wealth creation and tax base growth will provide the revenues needed to deliver affordable
services in the future. Given the changing role of the Provincial development agencies, it would
be appropriate to request an updated Service Level Agreement from ESJ showing how their
efforts will complement the new mandate of the Provincial development agencies.
Dangerous Building Enforcement — The budget provides for an increase in resources ($195k)
in order to double the enforcement program (dangerous/vacant/unsightly). Enforcement activity
protects the residents of these buildings, reduces the risk to neighbouring properties, improves
neighbourhood safety and encourages owners to take timely remedial action on at risk buildings.
The question of how to encourage new development or to just improve the appearance of vacant
lots will have to be addressed in due course.
Arts Culture Activities — a thriving arts and culture scene is a hallmark of a vibrant and livable
community. The proposed budget retains commitments to the Arts Centre ($75k) and Imperial
Theatre ($337k) through the Regional Facilities Commission and also includes funding for the
Saint John Theatre Company ($10k), Salty Jam ($20k), the Fundy Fringe Festival ($5k), the
Regional Library ($456k), the National Basketball League of Canada All Star Game ($5k) and
the Community Arts Board ($35k). Community based activities on Canada Day, New Year's
Eve, as well as the Mayor's Levee will also be funded.
Neighbourhood Support -- the base budget contained a $152,250 funding envelope to provide
support to the various associations and development groups particularly in the priority
neighbourhoods. The City will be moving from a direct program provider to a program
facilitator role in the delivery of recreation programs with greater emphasis on community
engagement. It is proposed that an additional $50,000 be provided to deliver community
development grants that could be used to leverage additional private sector or community
support for needed programs. A means of determining the return on investment for this type of
financial support is currently being studied by graduate students at UNBSJ. Regardless of the
methodology Council should be looking for solid outcomes from each of the organizations
benefitting from this financial support.
Fire Service — the first draft of the Fire Service budget includes the full amount for the arbitrated
wage settlement. In effect, this group of employees would have avoided the wage freeze
requested and adopted for all other employee groups. This creates a fundamental inequity
between the wage treatment of the employee groups that cannot be ignored. It is proposed that
the departmental budget be adjusted on the assumption that there were no wage increases for the
members of Local 771 in 2011 and 2012. This would result in a reduction of the initial funding
request by $560,000 for 2013.
The vast majority of fire service costs are salary related and this adjustment will mean a
consequent reduction in staffing strength in the department. The Fire Chief will develop a
staffing plan in line with the proposed level of funding.
City Clean Up — there continues to be interest in re- instating the City wide spring clean -up
program. It is estimated that this service would cost approximately $380k annually. Staff are
20
Page 6
suggesting that given the availability of the large item pick -up service and the white goods drop -
off program it may be more beneficial to the entire community to first explore the potential for
curb side pick -up of recyclables. Once a cost comparison is completed Council can consider the
available options for the 2014 Budget year.
Value for Money — each year the City identifies a service area for an in -depth value for money
review. In 2011, a Fleet Review was undertaken and in 2012 a Mobile Communication Services
review was completed by our IT department. It is proposed that a value for money review of
Legal Services be undertaken in 2013. This review will not require additional fimding. Instead it
is proposed that we move to a bi- annual Ipsos Reid satisfaction survey and redirect the available
funds ($50,000) for the value for money project. Should sufficient funding be available it is
suggested that Engineering Services also be reviewed. The Citizen survey would then be
undertaken in 2014 and again in 2016.
Corporate Strategic Plan — Common Council has identified its priorities for its term of office.
It is now imperative that the organization fully embrace and implement these key goals. A
review and update of the Corporate Strategic Plan will ensure that corporate plans and initiatives
are supportive of and contribute to Council's objectives. It will also provide a clear and common
understanding across the organization of our overall direction, priorities and objectives. The
plan will require limited outside resources ($25k) and will be led by our Corporate Planning
staff.
Core Service Review — The second phase of the Core Service Review will begin in 2013 with a
budget of ($50k). The information gathered will provide peer benchmarks, identify opportunities
for additional revenue, new approaches to service delivery and generally assist in challenging the
status quo. Implementation of the results of the first phase of the review will also begin next
year with particular attention to:
Triggers for multi -level Medical First Responder Calls in the Fire Service
• Winter day time vs night time shift deployment for snow removal
Arena staff redeployment — daytime operations
• Turf maintenance with consolidation and new remote operation site
• Seek the cooperation of the Board of Police Commissioners on a 3 year civilianization
Plan for Police Services with cost reduction targets
• Begin public consultation on right sizing of parks /playgrounds/fields
YM -YWCA — the City has agreed to provide property to facilitate the development of the new
YM -YWCA. This facility will introduce a marked increase in services in the Crescent Valley
area and will also allow the City to refine its program delivery in this neighbourhood. The Y has
requested that they be provided relief from the building permit and plumbing fees. It is
estimated that their costs will total approximately $175,000. The City cannot exempt individuals
or organizations from such fees however it can provide a grant to offset the cost incurred. The
budget will show revenue for the permit fees and a grant for the same amount in the expense
budget.
Regional Service Commission — the Province of New Brunswick has begun implementation of
Regional Service Commissions across the Province, including the Greater Saint John area, as
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Page 7
part of its Local Governance Reform process. The Commission will initially be responsible for
solid waste management, regional planning and EMO planning. It is hoped that a formal regional
structure will also lead to more sharing of services at the regional level. The City's contribution
to the 2013 Commission is $42,054.
Revenue Opportunities — the City introduced increases to ice time rates and development fees
during 2012 as well as a small increase in parking meter rates. The primary focus in 2013 will be
to pursue contracted service rates with other agencies. The Fire Service has identified some
potential revenue generation opportunities and will be developing a bylaw for Council's
consideration.
Tax Rate Reduction
The potential for a tax rate reduction was raised in the context of potentially offsetting some of
the proposed increase in water rates. The water rate issue has largely been mitigated in the
revised rate submission.
A tax rate reduction is much like a corporate dividend in that it should not be extended unless
there is certainty that it can be sustained for an extended period. The decision to provide a tax
reduction rests with Council but should be made in full consideration of the current and projected
financial position of the City.
More particularly, the City will be facing reductions in the order of $350 -400K per year in the
provincial grant transfer in both 2014 and 2015. In addition, the rate of tax base growth is
expected to slow given the relative lack of major development in the community. As well,
because of the significant increases to the pension contribution envelope in recent years there is a
real service backlog in various service areas (transit, recreation, roads etc.). Finally, we are only
in the first year of the pension reform process and some financial flexibility should be retained
until all the implications are fully known (LTD, deferral, Market returns etc.)
It is staffs opinion that the financial position of the City first be fully stabilized and that a tax
rate reduction be considered only when there is more certainty with respect to the concerns
previously noted.
Establishment
The approved establishment sets out the number of permanent employee positions included in
the budget and acts as a control mechanism for Council in that any change in the total number of
permanent positions requires Council approval. It is proposed that Common Council adopt a
resolution establishing the number of permanent positions funded in the budget at 547 for the
coming year (a net reduction of two positions).
Wage Increases
The operating budget includes contracted wage increases for our unionized employees as set out
below. A 2.5% wage adjustment for the management, non -union and professional employees is
proposed for 2013 but is proposed to split into a 1.25% adjustment on January 1s` and a further
1.25% adjustment on July 1'. Phasing the adjustment in over b months reduces the budget
22
Page 8
impact to approximately 2% in 2013. With the exception of Local 771, each of the unionized
groups has had a two year wage freeze applied to their scheduled adjustments. The non -union
group has had three years of wage freezes in the last four years.
City of Saint John - Comparative Salary Increases 2005 - Present
Year
Management
Local 486
Local 771
Local 18
S1PA
% Increase
% Increase
% Increase
8'a Increase
% Increase
Expiration of
Dec 31,
Collective
2014
Dec 31, 2014
June 30, 2014
Dec 31, 2012
Agreement
2005
2.90%
3.005/6
400%
2.75%
400%
2006
3.006/6
3.00%
4.00%
2.75%
4.00%
2007
3.25%
3.00%
6.00%
3.25%
4..50%
2008
2.50%
3.50%
575%
3.25%
5,75%
2009
0.00%
3.25%
4.50%
3.50%
450%
2010
0.00%
3.25%
4.50%
3.25%
5.25%
2011
2.909Woo
3.00%
2.00%
0.00%
0.0036
2012
0.00%
0.00%
2.00%
0.00%
aoox
2013
2.50%
0.00%
4.00%
3.00%
N/A
2014
N/A 1
2.90% j
4.00%
1x50%
N/A
Total
1705%
24.90%
40.75%
23.25%
28.00%
Annual Avg
1189%
2,49%
4.08%
233%,
350%
Citizen Responsibility
The City continues its efforts to identify efficiencies and cost reductions in its day to day
operations. Citizens also have a role to play in helping to control service delivery costs. Off
street parking during winter storms directly reduces snow clearing costs, recycling plastics and
metals reduces our solid waste charges at the landfill, using the compost bin reduces our costs by
another $75 per tonne. Likewise, fixing faulty alarm systems reduces the waste of fire and police
resources. Individual actions may not seem like they make a difference but taken across the
community it does make a significant difference.
Conclusion
With the exception of the new costs for the City's share of the Regional Service Commission,
each of the enhanced investments is intended to contribute to the achievement of Common
Council's priorities and to respond to identified community needs.
Council identified three broad focus areas when establishing its priorities: Economic Health,
Community of Choice, and Sustainable Infrastructure. Enhanced enforcement of the dangerous
and unsightly bylaw provisions coupled with new emphasis on recreation programming, arts and
23
Page 9
culture activities and improved transit services will all contribute to creating a vibrant and livable
community. The pension reform, value for money review, Core Service ReN.riew and the updated
Corporate Strategic Plan will help to ensure that public resources are used in a responsible
manner and maintain a healthy financial position. The major new investment in road repairs will
benefit the entire community with improved infrastructure while continued support for priority
neighbourhoods will support revitalization of these areas. Finally the commitment to a
coordinated economic development strategy and aggressive implementation of the core elements
of P1anSJ will help to create new wealth in the community and create the environment for sound
development in the years ahead.
Recommendation
It is recommended that Common Council approve the 2013 Operating Budget for the General
Operating Fund and adopt the following resolutions:
Therefore be it resolved:
1. That the sum of $147,914,458 be the total operating budget of the City of Saint John for
2013;
2. That the sum of $118,239,743 be the Warrant of the City of Saint John for 2013;
3. That the tax rate for the City of Saint John be $1.7850;
4. That Common Council orders and directs the levying by the Minister of Environment and
Local Government of said amount on real property liable to taxation under the
Assessment Act within the City of Saint John;
5. That Common Council authorizes the Commissioner of Finance and Administrative
Services to disburse, at a time acceptable to him, to the named Commissions, Agencies,
and Committees, the approved funds as contained in the 2013 budget;
6. That Common Council approves the 2013 Establishment of Permanent Positions at 647;
and
7. That Common Council approves an increase in the 2013 Management Professional Pay
Scale of 1.25% on January 1st, 2013 and 1.25% on July 1st, 2013.
Respectfully submitted,
062-61�
J. Patrick Woods CGA
City Manager
24
12/12/2012
The City of Saint John
2013
Budget Summary
25
20'13
2012
PROPOSED
BUDGET
BUDGET
VARIANCE
Total Expenditures:
$
144,642,653
$
147,914,458
$ (3,271,805)
Less: Non -Tax Revenue:
$
(11,219,478)
$
(11,094,792)
$ (124,686)
$
133,423,175
$
136,819,666
$ (3,396,491)
Unconditional Grant
$
18,918,728
$
18,579,923
$ (338,805)
Net Budget
$
114,504,447
$
118,239,743
$ 3,735,296
Tax Denominator
$
6,414,814,937
$
6,624,075,264
Tax Rate
$
1.7850
$
1.7850
25
City of Saint John
2012
2013
2013 Budget Summary
Approved
Base Budget
FC•i -.r
361,523
Community Planning & Development Service
1,493,282
1,356,837
Development Engineering
372,287
361,523
Geographic Information Systems
285,314
311,563
Heritage Conservation
317,672
300,994
Permitting & Inspection Servlce
960,142
993,679
By -Law Enforcement Service
655,645
758,885
Dangerous and Vacant Building Program
13 ?1341
281,632
Minimum Property Standards Program
169,646
23? 671
Other By -Laws
168,343
156,779
Animal Control
80,315
82,743
Tourism Service
845,000
845,000
Oestrnavon Marking Otgonizahun
845,000
345,000
Economic Development Service
2,183,237
2,190,231
Regional Economic Development (Enterprise)
332,000
332 000
Saint John Trade and Conwontion Center
570,283
536,576
HarbourStation
374.662
384,390
City Market
906,292
937,265
Urban Development Service
2,343,939
2,553,352
SaintJohn Development Corporation
160,000
160,00o
Waterf'ontDetlefopmerrtCorporu bon
95.i)0G
170,600
Market Square - Common Area
2,088,539
2,273,35[
Regional Service Commission 42,054
Industrial Parks Development Service 300,000 300,000
Saint John lndy% trial Parks 300,000 300,00D
Total Growth & Development Services 9,756,518 10,014,118
Neighourhood Improvement
639,836
655,692
CommunKV Development 314,663 315,053
2013
Adjustments For Approval
Comments
2012,12.12
Contract positions to move PlanSJ bylaw completion
230,000
1,586,837
forward - $50,000 included for Legal
361,523
311,563
300,994
993,679
953,885
Dangerous Bldg - one new position, demolition,
195,000
476,692
legal support
237,671;
156,779
82,743
845,000
845,000
2,333,231
143,000
475,ono
ESJ - enhance role to pursue True Growth 2.0
536,576
384 390
937,265
2,553,352
160.000
1.20,000
2273,351
Legislated responsibility - city share determined by
42,054
formula
300,000
300,00+7
10,582,118
705,692
Establish community development grants to
26 so,doD
366,053
leverage programs with neighbourhood groups
City of Saint John
2013 Budget Summary
Neighbourhood Development
Loch Lomond Comrnunrty Centel
Ability Advisory Committee
Recreation Community Groups
P R.0 Kids
Community Development Service Grants
Paviliop Cup
Cherry Brook Zoo
Litrrary
LiNEM Capital Campaign ?a
Seniors Crbzen Centre Rem
Human Development Caunc l
Human Development Council Rent
PRUDE Rent
Seafarer's Mission
Senior Resource tenter
Recreation, Parks & Cultural Programming
Recreation Programming
Contract Service - Boys & Girls Flub
Contracted Seance - YMCA- FGCC1mCC
North End Community Centre
Cultural Affairs
Arts & Culture Grants & Other Funding
Impenal Theatre
Saint Jahn Arts Center
Saint Jahn Community Arts Board
Public Art - Maintenance and Repair Budget
MB Arts Board (Puhhc Art Reserve)
Fundy Fan ye Festival
Jazz and Blues Festival - Saity lam
Saint John 7heatrle Company
Festival de la Bare Francois
New V earl Canada pay Cefehratrons
Remembrance Voy Ceremonies
2012.12.12
2012
2013
2013
Approved
Base Budget
Adjustments
For Approval
Comments
150,000
15,250
152,250
45,000
45,000
45,000
1,500
1,523
1,523
30,000
30,450
30 450
98,673
110,416
L10,ai6
666,765
666,765
666,765
2,500
,'.500
'2 500
00,035
60,035
60,035
456,230
456,230
456 230
41,000
41,000
41000
35,000
3.5,000
35,040
16,000
16,000
16,000
32,0110
52,"
52 000
1.000
1,0(10
1.000
31000
3,000
3,000
1,254,034
1,350,571
1,513,071
915,460
1,010,655
72,s00
1,083.155
5 sessionals -more youth programming
122,400
124,236
114,236
105,126
.106.703
60,000
166,703
Establish free programs
30,000
30.0oo
Half year operation by One Change
111,048
108 977
108,973
539,584
555,861
560,861
320,817
337,039
337,039
74.767
74.822
74,822
30.000
35,000
35,000
15,0M
15000
15,004
10.000
5100(1
5,000
20,OW
20,000
20,000
10,000
10,000
14,OOn
4,000
4,000
4,00n
15.000
15,000
15,000
2,000
2,000
2,0
00
27
City of Saint John
2013 Budget Summary
NB Nutorical Socrety - Loyalist 11DUSE
unspecified Grants
N0170nal Basketball League All Star
Srulpture symposium
Water Supply and Hydrants
Fire Services
2012 2013
2013
Approved Base Budget Adjustments For Approval
10,000
23.000
5,000
2,200,000
20,629,263
10:000
28,OW
2,270,000
20,683,989
Flire Rescue and Suppression
19,44k868
19,428,400
Medical First Responder
71,640
86,000
Hazardous Materials Emergency Response
115,413
121,428
Technical Rescue Response
55.981
63,6118
Fire Prevention
918.761
963,498
Fire Investigation
29.600
21,055
Emergency Management Service
334,304
325,421
Police Services
22,724,065
22,777,842
Public Safety Communications
2,292,610
2,491,853
Street Lighting
1,070,000
1,075,350
Total Urban Environment Services
52,350,461
-
52,853,344
10.000
28,000
5,000 5,000
Comments
2012.12.12
2,270,000
20,123,989
Assumes 0,0 for 2011 & 2012 with current
560,000 18,868,400 establishment
86,000
121,428
63,608
963,49E
?1,055
325,421
22,777,842
2,491,853
1,075,350
52,510,844
Roadway Maintenance Service
13,158,400
13,561,415
14,861,415
Snow Control streets
4,433,349
5.000.888
5_ow.889
Street Cleaning
1.783,921
4,749,414
1.749 414
Street Services (surface Maintenance)
Sidewalk Maintenance Service
6,94.1,130
6,811,112 11300,000
8.111,11,
Road repairs and maintenance
1,319,949
1,410,490
1,560,490
Snow- Control Sidewalk
762,202
893,257
893,, 57
Sidewalk Maintenance
Pedestrian & Traffic Management Service
557;74%
517,233 150,000
667,233
Curbing to allow for road re- instatement
Storm water Management
1,620,138
1,684,800
1,684,800
Solid Waste Management
3,324,138
3,366,348
3,366,348
Engineering
3,965,640
3,568,529
3,568,529
Parks & City Landscape
459,351
541,451
541,451
2,456,817
2,654,268
2,729,268
Parks Maintenance
2,084,961
2,237,921
2,237,921
2,237,921
Lifeguards
`8 28 30,000
147,720
Extend service to Sept 2nd
City of Saint John
2013 Budget Summary
Uiban Forestry
Mispec
Saintlohn HorticulturalA5soclation
Sports & Recreation Facilities Service
Arena Operation & Maintenance
Sports field Operation & Maintenance
Other Facility Operation & Maintenance
Sport Administration
Minor Hockey Subsidy
Aquatic Clubs
Lord Beaverbrook Rink
Aquatic Centre
Saint John Track Club
Parking Service (Administration Support)
2022 2013
2013
Approved Bake Budget Adjustments For Approval
Comments
2012.12.12
331,856
258,627
258,627
3,247,518
Financial Management Service
45,000 45,000 Contracted operation plus maintenance
40,000
40,000
40,000
3,395,542
3,659,644
3,659,644
1,254,898
1,442,420
1,442,420
1,208,259
1,325,655
1,325,655
297,655
362,130
362,130
68,879
Insurance
150,000
165,000
165,000
15,361
15,822
15,822
154,000
154,000
154,000
231,490
194,617
194,617
15,000
1,081,302
1,7-]81,302
530,845
560,379
560,379
Transit Service 5,570,256 6,517,991
Environment Committee 1,520 -
Total Environment & Transportation Services 35,802,596 37,525,315
350,000 6,867,991 Enhanced service - evenings, UNBSJ /SJRH, mornings
39,400,315
29
3,247,518
Financial Management Service
3,106,115
3,247,518
Finance
1,861,641
1,961,447
1,962,447
Assessment
1,244,474
1,285,071
1,2235,071
Asset Management
6,577,469
6,629,116
6,641,116
Purchasing& Materials Management
1,082,953
971,819
Insurance
971819
Liability insurance
157.977
157.977
Fleet
633,605
596,700
12,000 608,700 Agency tee increase
1,231,969
1,081,302
1,7-]81,302
Facilities Management
997,856
1,031,337
1,031,3j7
Carpentry Shop
466.896
438,876
418,876
City Hall Building
7-1766,204
1,979, 795
1,_ v 79,795
Real Estate
307,986
371,310
371,310
Total Administrative services
9,683,584
9,876,634
g,$$8'
29
City of Saint John
2012
2013
2013
2013 Budget Summary
Approved
Base Budget
Adjustments For Approval
703,834
Common Clerk
813,130
735,400
Human Resources
1,289,937
1,428,037
1,428,037
Corporate Planning
505,331
499,585
499,585
Intergovernmental Affairs
143,151
148,658
148,658
Corporate Communications
521,346
521,505
521,505
Information Technology
1,946,235
2,087,058
2,087,058
Total Strategic Services
4,406,000
4,684,843
4,684,843
2012.12.12
Comments
Includes 100,000 for 15N investigation
401,268
703,834
735,400
585,785
183,305
20.000 402,430 Weekly Council - translation /meals
2,426,287
0
Fiscal Charges 15,757,821 16,333,837 426,757 16,760,594 To be used to fund capital projects
LTD Payments 1,780,743 1,780,743 Annual estimated cost of current LTD pensions
Pension 14,220,080 14,220,080 (4,340,000) 9,880,080 Assumes deferral approved and SRP adopted
Tota l Other Charges 29,977,901 30,553,917 28,421,417
Total Budget (Expenditures) 144,642,653 147,914,458 147,914,458
30
City Manager
399,574
401,268
Legal
823,759
703,834
Common Clerk
813,130
735,400
Mayor & Council
629,130
565,785
Mayor's Office
201,630
183,305
Council
427,500
3$::,4+40
Total Legislated Services
2,665,593
2,406,287
2012.12.12
Comments
Includes 100,000 for 15N investigation
401,268
703,834
735,400
585,785
183,305
20.000 402,430 Weekly Council - translation /meals
2,426,287
0
Fiscal Charges 15,757,821 16,333,837 426,757 16,760,594 To be used to fund capital projects
LTD Payments 1,780,743 1,780,743 Annual estimated cost of current LTD pensions
Pension 14,220,080 14,220,080 (4,340,000) 9,880,080 Assumes deferral approved and SRP adopted
Tota l Other Charges 29,977,901 30,553,917 28,421,417
Total Budget (Expenditures) 144,642,653 147,914,458 147,914,458
30
REi'ORT TO COMMON CnUNCIL
M &C- 2013 -01
December 19, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: DIGITAL ORTHOPHOTOGRAPHY AGREEMENT WITH
SURROUNDING MUNICIPALITIES
Backeround
City of Saint john
The City of Saint John GIS Division has been coordinating and managing bi- annual
digital orthophotography acquisition projects for the greater Saint John area including the
surrounding municipalities of Grand Bay - Westfield, Rothesay, Quispamsis and Hampton,
since 2004. The primary reason for including the surrounding municipalities in the
project is to realize an economy of scale, i.e. the greater the project area, the lower the per
square kilometer cost for all partners.
In an effort to recover some of the project costs, the partners have all agreed to the make
available for sale the project deliverables. This has taken place since the original project
in 2004, with partners selling some of the data at prices based on a GIS Data pricing
scheme previously endorsed by Council. However earlier this year, a new GIS Data
pricing scheme was endorsed by Council. Staff thought this would be a good time to
formalize the agreement between the Digital Orthophotography project partners and
ensure that all partners will sell the data following the revised GIS Data pricing scheme.
A copy of the Agreement is attached to this report.
All other partners' Mayors and Clerks have signed the agreement.
Input from other departments
The City's Legal Department prepared the agreement.
31
Recommendation
It is recommended that the City enter into a Digital Orthophotography Agreement
generally in the form as attached to this M&C report No. 2013 -01 with the municipalities
of Grand Bay - Westfield, Rothesay, Quispamsis and Hampton and that the Mayor and
Common Clerk be authorized to execute the said agreement on the City's behalf.
Respectfully submitted,
Ken o
rrest, MC1P, RPP
Commissioner
Growth and Development Services
J. a 'ck Woods, CGA
City Manager
YL
32
2012.
BETWEEN;
DIGITAL ORTHOPHOTOGRAPHY AGREEMENT
THIS AGREEMENT made in quintuplicate this � day of 11.E V - *'L J-
THE CITY OF SAINT JOHN, having its offices at the
City Hall Building at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter, confirmed
and amended by Acts of the Legislative Assembly of the
Province of New Brunswick, hereinafter called the "City"
OF THE FIRST PART
and —
THE TOWN OF QUISPAMSIS, THE TOWN OF
ROTHESAY, THE TOWN OF GRAND BAY -
WESTFIELD, and THE TOWN OF HAMPTON, all
municipalities pursuant to the Municipalities Act, R.S.N.B.
1973, c. M -22, hereinafter collectively called the "Towns"
OF THE SECOND PART
WHEREAS the City and the Towns require updated aerial/orthophotography and
terrain elevation data (hereinafter "Data") for their respective mapping systems;
AND WHEREAS the City co- ordinates and manages digital orthophotography
acquisition projects for the Greater Saint John Region (hereinafter the "Project Area ") on a
bi- annual basis;
NOW THEREFORE THIS AGREEMENT WTTNESSETH that in consideration of
the mutual covenants and agreements herein contained and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
covenant and agree each with the other as follows:
1. General Conditions
1.1 The City and the Towns shall pay the cost related to their respective region of the
Project Area for each digital orthophotography acquisition project co- ordinated and managed
by the City as determined by the City from time to time for each project.
1.2 The City and the Towns are permitted to use any and all of the Data for the entire
Project Area for their own internal purposes only.
1.3 Any person, corporation, agency or entity hired by a party to this agreement to do
work on its behalf may use that portion of the Data designated by the party and which forms
part of that party's region of the Project Area free of charge upon signing a Single Use Data
Agreement generally in the form as attached as Schedule "B" hereto and forming part hereof.
1.4 Charitable, non -profit organizations and educational institutions may use any portion
of the Data free of charge for their own internal or educational purposes upon signing a
Single Use Data Agreement generally in the form as attached as Schedule "B ".
2. Pricing and Resale
2.1 The parties may sell all or part of the Data for the Project Area upon the following
terms and conditions:
(a) the sale price for the latest digital orthophotography data shall be Ninety Dollars
($90.00) (exclusive of HST) per orthophotography tile;
(b) the sale price for historic digital orthophotography data shall be Sixty Dollars
($60.00) (exclusive of HST) per orthophotography tile;
(c) the sale price for any digital elevation data shall be Twenty-Seven Dollars ($27.00)
(exclusive of HST) per elevation data tile;
33
Digital Orthophotography Agreement
Page 2
(a) where the total sale price of the Data is greater than One Hundred Dollars ($100.00)
(exclusive of HST), the party selling the Data shall forward the total amount of the
sale to the Town or City whose data was purchased;
(b) where the total amount of the sale is less than One Hundred Dollars ($100.00)
(exclusive of HST), the party selling the Data shall retain the proceeds of the sale.
2.2 Each party to the Agreement shall track all sales and distribution of Data, including
those distributions referred to in sections 1.3 and 1.4, completed by them. All information
pertaining to sales and distribution of the Data shall be made available to the other parties to
this Agreement upon request.
2.3 Each party to the Agreement may distribute any part of the Data in hard copy format
to anybody at no cost.
2.4 When selling the Data in digital format, each party shall cause the person receiving
the Data in digital format to execute a Commercial User Conditions of Sale Document
generally in the form as attached in Schedule "C" attached hereto and forming part hereof,
before releasing the Data.
2.5 The Single Use Data Agreement and the Commercial User Conditions of Sale
Document referred to in sections 1.3, 1.4 and 2.4 shall be managed and maintained by the
parties and be made available to any other party to the Agreement upon request.
3. Term
3.1 Unless otherwise terminated in accordance in section 4, this Agreement shall be for a
period of five (5) years commencing on November 1, 2012 and terminating at midnight on
October 31, 2017.
4. Termination
4.1 The City reserves the right to termmate this Agreement immediately and without
notice upon any of the Towns breaching any o f the provisions of the Agreement.
4.2 The City reserves the right to terminate the Agreement without cause upon sixty (60)
days written notice to the Towns.
5. Governing Law
5.1 This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick and all applicable federal laws of Canada.
6. Modification and Amendments
6.1 This Agreement may not be modified or amended except by an instrument in writing
signed by all the parties or by their successors and permitted assigns.
7. Enurement
7.1 This Agreement shall extend to, be binding upon and enure to the benefit of the
parties and their respective successors and permitted assigns.
8. Miscellaneous
8.1 The parties and each of them shall at all times and from time to time hereafter and
upon every reasonable written request to do so, make, do, execute, deliver or cause to be
made, done, executed and delivered all such further documents, acts, deeds, assurances and
things as may be required to more effectively implement and carry out the true intent and
meaning of this Agreement.
8.2 Time shall be of the essence of this Agreement.
8.3 This Agreement may be executed in one or more counterparts, each of which will be
deemed to be an original copy of this Agreement and all of which, when taken together, will
be deemed to constitute one and the same Agreement.
34
Digital Orthophotogmphy Agreement
Page 3
Authority of Representatives
9.I The parties represent that their respective representatives have the authority to legally
bind them to the extent permitted by applicable laws.
IN WTINESS WHEREOF the parties have affixed their respective corporate seals,
attested by the hands of their respective officers duly authorized in that behalf on the day
aforementioned.
SIGNED, SEALED & DELIVERED
in the presence of:
35
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
THE TOWN OF QL`ISPAMSIS-
r
11L�J
Council Resolution:
THE TOWN OF ROTHESAY
Council Resorption:
THE TOWN OF GRAND BAY -
WF TFIELD
May ry
Clerk
Council Resolution:
Digital Oilhopholography Agreement
Pago 4,
THE TOWN OF HAMPTON
Mayor
C?&
Co nc -2 Resolution:
,� i3. acld
'41.1
SCHEDULE "B"
Digital Qrthophotography
Single Use Agreement
1. General
1.1 The User of the digital data is:
1.2 Description of the data:
1.3 Description of the digital data file(s):
Format:
Extent:
Media:
Date delivered:
1.4 The digital data will be used by for work on behalf of the
1.4.1 The digital data will be used exclusively by for this
purpose and will not be given, loaned, leased, distributed or sold to any other
party.
2. Ownership
2.1 The City of Saint John, the Town of Grand Bay - Westfield, the Town of
Quispamsis, the Town of Hampton and the Town of Rothesay will retain sole
ownership and copyright to the digital data.
2.2 The User shall have the right to use the digital data for the purpose described in
Section 1.4, subject however to the restrictions and conditions herein set forth,
and in the case of a corporation, shall not extend to affiliates of the User as
defined in the Business Corporations Act, R_S.N.B. 1973, Chapter B -9.1.
2.3 The User may not give, loan, lease, sell, copy, publish, distribute, or otherwise
make the digital data available, as part of a value -added product, to any other
party without first negotiating a licensing agreement with The City of Saint John,
the Town of Grand Bay - Westfield, the Town of Quispamsis, the Town of
Hampton and the Town of Rothesay.
2.4 The User shall not use the digital data for purposes other than those stated in
Section 1.4, without first obtained written approval from The City of Saint John,
the Town of Grand Bay - Westfield, the Town of Quispamsis, the Town of
Hampton and the Town of Rothesay.
3. Limited Warranty
3.1 The digital data is licensed as is, subject to no warranties or representations,
either express or implied. If the media is defective, the User may return it within
30 days of the date of delivery, and it will be replaced at no charge.
3.2 While the digital data may not be free from error or omission, care has been
taken to ensure the best possible quality. The digital data is a graphical
representation of land - related features which approximates the size,
configuration and location of features. It is not a survey and is not intended to be
used for legal descriptions or to calculate exact dimensions or area.
3.3 The City of Saint John, the Town of Grand Bay - Westfield, the Town of
Quispamsis, the Town of Hampton and the Town of Rothesay shall not be liable
for any loss or damage of any kind, including personal injury or death, or
economic loss arising from the use of the digital data or accompanying written
materials, or from errors, deficiencies, or faults therein, whether such damage is
caused by negligence or otherwise.
37
4. Assignment
4.1 This agreement, or any rights arising hereunder, shall not be assigned by the
User either in whole or in part, without the prior written consent of The City of
Saint John, the Town of Grand Bay - Westfield, the Town of Quispamsis, the Town
of Hampton and the Town of Rothesay_
4.2 If the User undergoes a change in either ownership or organisation, this
agreement will automatically become null and void, and the license conferred on
the User hereunder shall terminate.
5. Entire Agreement
5.1 This agreement is the entire agreement between the parties and supersedes all
previous agreements, arrangements, or understandings between the parties
hereto whether written or oral, in connection with or incidental to the digital data.
6. Time is of the Essence
6.1 Time shall be of the essence of this agreement.
7. Interpretation
7.1 It is hereby agreed that where the context requires, words in the singular include
the plural, and words in the plural include the singular, and words imparting the
masculine gender include the feminine and neuter genders.
8. Law of the contract
8.1 This agreement shall be governed by and construed in accordance with the laws
of the Province of New Brunswick and the laws of Canada applicable in the
Province of New Brunswick.
Within 10 business days of receiving this agreement, a signed copy is to be returned and
addressed to:
GIS Manager
Growth and Development Services
City of Saint John, 10"' Floor City Hall
P.O. Box 1971
15 Market Square
Saint John, N.B. E21-41-1
Or faxed to: (506) 658 -2837
The above conditions are agreed to:
User signature
Title =y
Date
SCHEDULE "C"
Digital Orthophotography
Commercial User Conditions of Sale
1. General
1.1 The Purchaser of the digital data is:
1.2 Description of the data:
1.3 Description of the digital data file(s):
Format:
Extent:
Media:
Date delivered:
1.4 The City of Saint John, the Town of Grand Bay - Westfield, the Town of
Quispamsis, the Town of Hampton and the Town of Rothesay reserve the right to
modify and/or update the data without obligation to notify the Purchaser.
1.5 The Purchaser shall pay the sum of $ CND, plus HST, within 30 days of
receipt of the data.
2. Ownership
2.1 The City of Saint John, the Town of Grand Bay - Westfield, the Town of
Quispamsis, the Town of Hampton and the Town of Rothesay will retain sole
ownership and copyright to the digital data.
12 The Purchaser shall have the right to use the digital data subject however to the
restrictions and conditions herein set forth, and in the case of a corporation, shall
not extend to affiliates of the Purchaser as defined in the Business Corporations
Act, R.S.N.B. 1973, Chapter B -9.1.
2.3 The Purchaser shall have the perpetual, non - exclusive right to create value -
added products from the digital data.
2.4 The Purchaser may give, loan, lease, sell, copy, publish, distribute, or otherwise
make available, any value -added product, to any other party without first
negotiating a licensing agreement with The City of Saint John, the Town of Grand
Bay - Westfield, the Town of Quispamsis, the Town of Hampton and the Town of
Rothesay.
3. Limited Warranty
3.1 The digital data is licensed as is, subject to no warranties or representations,
either express or implied. If the media is defective, the Purchaser may return it
within 30 days of the date of delivery, and it will be replaced at no charge.
3.2 White the digital data may not be free from error or omission, care has been
taken to ensure the best possible quality. The digital data is a graphical
representation of land- related features which approximates the size,
configuration and location of features_ It is not a survey and is not intended to be
used for legal descriptions or to calculate exact dimensions or area.
3.3 The City of Saint John, the Town of Grand Bay - Westfield, the Town of
Quispamsis, the Town of Hampton and the Town of Rothesay shall not be liable
for any loss or damage of any kind, including personal injury or death, or
economic loss arising from the use of the digital data or accompanying written
materials, or from errors, deficiencies, or faults therein, whether such damage is
caused by negligence or otherwise.
M
4. Assignment
4.1 Any rights arising under this sale, shall not be assigned by the Purchaser either
in whole or in part, without the prior written consent of The City of Saint John, the
Town of Grand Bay - Westfield, the Town of Quispamsis, the Town of Hampton
and the Town of Rothesay.
4.2 If the Purchaser undergoes a change in either ownership or organisation, this
sale will automatically become null and void, and the rights conferred on the
Purchaser hereunder shall terminate.
5. Entire Agreement
5.1 These conditions of sale are the entire agreement between the parties and
supersedes all previous agreements, arrangements, or understandings between
the parties hereto whether written or oral, in connection with or incidental to the
digital data.
6. Time is of the Essence
6.1 Time shall be of the essence of this sale.
7. Interpretation
7.1 It is hereby agreed that where the context requires, words in the singular include
the plural, and words in the plural include the singular, and words imparting the
masculine gender include the feminine and neuter genders.
8. Law of the contract
8.1 This sale shall be governed by and construed in accordance with the laws of the
Province of New Brunswick and the laws of Canada applicable in the Province of
New Brunswick.
Within 10 business days of receiving these conditions of sale, a signed copy is to be
returned and addressed to:
GIS Manager
Growth and Development Services
City of Saint John, 10th Floor City Hall
P.O. Box 1971
15 Market Square
Saint John, N.B. E2L 41-1
Or faxed to: (506) 658 -2837
The above conditions are agreed to:
Purchaser (authorised signature)
Title
Date
40
Canada Games Centre Aquatique
Aquatic Centre Jeux du Canada
Your Love of Swimming Starts Here f'
November 28, 2012
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Canada Games Aquatic Centre Commission Response
RE: Affordability...
Thank you your letter dated October 23 regarding affordability. The Aquatic Centre encourages active
living for all ages and abilities through its quality programs and services. There are a number of
promotions /opportunities which enable the Greater Saint John Community to use the Aquatic Centre at
a reduced cost or for free.
The tot's toonie swim and the tropical swim have reduced admission fees and are offered twice per
week. We also have reduced rates for families, students and seniors. Children under the age of 3 are
free. A monthly family swim is also available and excess learn to swim capacity is donated to Prokids.
The Aquatic Centre also promotes swim specials on a regular basis such BOGO and $1 off coupons.
Healthy living is important for everyone and being active is an important component.
The Aquatic Centre offers a number of free activities and free swims during Water Safety Week, The
Aquatic Centre's Annual Open House, Winter Carnival and other special events. The Aquatic Centre
continually strives to contribute to the health, welfare and well -being of the citizens of the surrounding
communities.
Thank you for the opportunity to bring these programs to your attention.
Yours in Fitness and Health,
Colleen Kemp - Mitchell
Chair
Canada Games Aquatic Centre Commission
50 Union Street, Saint John, New Brunswick E2L 1A1 * 50 rue Union Street, Saint—Jean, Nouveau -
Brunswick E2L 1A1 Info Line/ Reseignemnets Geneat*1506) 658 -4737 www.a uatics. nb.ca
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TO:
FROM:
FOR:
PREPARED BY:
Mark OTlearn
Planning Officer
SUBJECT:
OCTOBER 12, 2012
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING PLANNING AND DEVELOPMENT
MEETING OF OCTOBER 16, 2012
REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Name of Applicant: DKB Enterprises Inc.
Name of Owner: DKB Enterprises Inc. & 010808 NB Ltd.
Location: 418 -424 & 419 -421 Rothesay Avenue
PID: 00305771 & 00303966 (portions)
Municipal Plan: Commercial Corridor
Zoning: "I -1" Light Industrial
Proposal: To vest small portions of two commercial properties in order to
facilitate the construction of a signalized intersection.
Type of Application: Subdivision and Variance that would increase the maximum access
width standard of 11 metres to approximately 14 metres.
f�
SAINT JOHN
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P.O. Box 1971 Saint johr, NB Canada E2L 4473, wwwsair�t ohn.ca ' C.P. 1971 Saint john, N. -B. Canada E2L 4L "1
DKB Enterprises Inc. Page 2
418 -424 & 419 -421 Rothesay Avenue October 12, 2012
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council
concerning the vesting of public streets and municipal services and public utility easements.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning By -law. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council assent to one or more subdivision plans, in general accordance with the
attached tentative subdivision plans prepared by exp Services Inc., that would vest an
approximate 23- square metre portion of the property at 418 -424 Rothesay Avenue and an
approximate 13- square metre portion of the property at 419 -421 Rothesay Avenue, as part of the
Rothesay Avenue public street right of way, as well as to any necessary municipal services and
public utility easements concerning the construction of a proposed signalized intersection at this
location.
2. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By-
law that would increase the maximum access width standard of 11 metres to approximately 14
metres in order to allow for the reconstruction of an existing access at 418 -424 Rothesay
Avenue, on condition that the final subdivision plan(s) above is not endorsed by the
Development Officer for registration until such time that an Agreement regarding the installation
of the signalized intersection has been executed between the City of Saint John and the DKB
Enterprises Inc.
BACKGROUND:
On May 15, 2012, the Planning Advisory Committee favourably considered an application from the City
of Saint John (Municipal Operations and Engineering) for the construction of a signalized intersection
80 metres to the south of the subject site. This previous application involved vesting on both sides of the
street that involved the properties at 411 & 418 -424 Rothesay Avenue. The Committee recommended
the street and easement vesting, and granted a variance in order to allow for the reconstruction of a
commercial access from 11 metres to approximately 11.5 metres. On June 4, 2012, Common Council
assented to the vesting.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has provided the following comments concerning the
proposed street vesting:
44
DKB Enterprises Inc. Page 3
418 -424 & 419 -421 Rothesay Avenue October 12, 2012
(a) The vesting of proposed Parcels "A" & "B" is supported for the installation of traffic signal
infrastructure at this location. The design of these signals has not yet been finalized with the
applicant. The actual area required for street vesting will be determined once the design has
been finalized.
(b) The vesting of proposed Parcels "A" & "B" should not be finalized until the City and the
landowner of 418 -424 Rothesay Avenue have entered into an Agreement regarding the
installation of the traffic signals at this location.
(c) The owner's traffic engineering consultant must submit to the City for review and approval the
design of the traffic signals at this location. It is the owner's responsibility and cost to supply
and install the traffic signal infrastructure.
(d) There is an existing Emera Brunswick Pipeline easement at this location. It is the responsibility
of the owner to obtain the necessary permissions /agreements for the installation of the traffic
signals within this easement.
(e) The owner's engineering consultant must submit to the City for review and approval a
stormwater management plan and design brief. From the information submitted, it appears that
an existing drainage ditch will be filled in order to accommodate the proposed expanded parking
area and widened driveway to 418 -424 Rothesay Avenue. This drainage ditch is part of a larger
stormwater system draining the hill behind the properties on Rothesay Avenue. The owner's
engineering consultant must analyze the impacts on this drainage system should this ditch be
filled in and piping installed.
(f) There is an existing municipal services easement located on 418 -424 Rothesay Avenue.
Absolutely nothing permanent is to be constructed over top of this easement. If approved, this
area will become part of the public street right -of -way.
(g) The owner is responsible for obtaining all necessary permits /approvals.
Buildings and Inspection Services has been advised of this application.
Real Estate Services has been advised of this matter.
Saint John Energy has indicated that there are overhead facilities along Rothesay Avenue where the
proposed intersection would be constructed. The facilities can be relocated, and the new traffic
controller can be serviced. The cost for this work can be discussed later.
Bell Aliant has been advised of this project.
Rogers has been advised of this matter.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have advised that the
proposed signalized intersection will require a crossing agreement between the City and Brunswick
Pipeline. No final drawings have yet been received.
45
DKB Enterprises Inc. Page 4
418 -424 & 419 -421 Rothesay Avenue October 12, 2012
ANALYSIS:
Earlier this year an application was favourably considered by the Planning Advisory Committee
involving the vesting of small portions of two commercial properties (411 & 418 -424 Rothesay Avenue)
in order to facilitate the construction of a signalized intersection near the existing entrance of the Avenue
Plaza/TD Insurance complex at 418 -424 Rothesay Avenue (see Background).
Since that time a revised proposal has been received that would relocate the proposed signalized
entrance approximately 80 metres further north where another driveway exists. The revised proposal is
illustrated on the attached plans.' The proposed signalized entrance is no longer opposite 411 Rothesay
Avenue, but now involves a small portion of the property at 419 -421 Rothesay Avenue (Mediterranean
Restaurant).
The area is zoned "I -1" Light Industrial. The Community Planning Act requires a recommendation by
the Planning Advisory Committee to Common Council with respect to the proposed street vesting.
The attached plans also indicate that, in conjunction with this intersection proposal, the owner of the
Avenue Plaza/TD Insurance complex property also plans to expand and reconfigure the parking area
along the northerly side of the plaza. These proposed changes to the existing site layout comply with
Zoning By -law standards.
As mentioned in the May 15, 2012 report, a traffic report commissioned by the City indicated that high
traffic volumes along Rothesay Avenue are causing delays when exiting the DKB Enterprises Inc.
property. In particular, TD Insurance leases a portion of the commercial plaza on the property and
operates a call centre with 450 employees. Delays will increase with an expansion to this business with
an additional 100 more employees. The City was requested to install traffic signals in order to alleviate
traffic congestion, especially during shift changes.
Previously, the City commissioned exp Services Inc. to complete a traffic study. Based on the expected
volumes resulting from the planned expansion and traffic circulation changes to the existing
development, the study recommended that signals be installed at the entrance of the property (existing
commercial plaza). Municipal Operations and Engineering indicated that an intersection at this location
would also provide a safe pedestrian crossing in close proximity to a transit bus stop.
Since the consideration of this matter earlier this year, the proponent has commissioned a further traffic
study to examine a more preferable location for the proposed intersection further north immediately
adjacent to the Leon's furniture business at 426 Rothesay Avenue (see attached plans). An existing
second driveway access and parking area is situated at this location on the subject property.
Municipal Operations and Engineering is supportive of the proposed new location for the signalized
intersection. Therefore, the requested street vesting for the proposed intersection is recommended. The
assent of any necessary municipal services or public utility easements related to this intersection is also
recommended.
' The original application illustrated a 184.25- square metre area to be vested from the 418424 Rothesay Avenue property,
but applicant's consultant later submitted the attached plan which now illustrates an area of only 22.81 square metres. This
change has also increased the access width from 12 metres to approximately 14 metres (measured at the proposed new
property line). 46
DKB Enterprises Inc. Page 5
418 -424 & 419 -421 Rothesay Avenue October 12, 2012
Besides the mentioned vesting, a variance is also required in order to reconstruct a new commercial
access on the subject property with an approximate width of 14 metres (measured at the property line),
since the Zoning By -law normally only allows for a maximum width of 11 metres. Given that the
access would be situated at a signalized intersection, and has been designed by consulting engineers (and
subject to the approval of the Chief City Engineer), approval of this variance is recommended.
However, as suggested by Engineering, a condition has been recommended that the final subdivision
plan(s) not be endorsed by the Development Officer for registration until such time that an Agreement
regarding the installation of the signalized intersection has been executed between the City of Saint John
and DKB Enterprises Inc. This condition was not necessary in the previous approval as an arrangement
had already been approved by Common Council.
The necessary street and easement assent and variance is recommended with the mentioned condition
above.
MO
Project No. 12 -260
47
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The city of saint john
December 28, 2012
Subject: Pension Information Session
I am requesting that a pension information session be arranged for past and present city
employees so that they learn more about the newly adopted shared -risk pension model.
Motion: That the City Manager be directed to arrange a pension information session in
collaboration with the City union representatives, Susan Rowland of the Pension Task
Force, and the Superintendent of Pensions for the city's past and present employees.
Respectfully submitted,
John MacKenzie
Councillor
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