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1993-11-22_Minutes 84-370 COMMON COUNCIL NOVEMBER 22, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of November, AD. 1993, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; W. D. Todd, Director of Housing and Property Management; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Lloyd Lake, Retired Anglican Clergyman, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on November 15, 1993, be approved. Councillor A Vincent asked that the record show that he voted "nay" on the November 15 Council resolution concerning the lease of land at the corner of Millidge and University Avenues. Question being taken, the motion was carried. Deputy Mayor McAlary extended a message of condolence to the family of the late Dr. G. Forbes Elliot, who passed away on November 21, and referred to a red rose which was presented by a person in the Council Chamber on behalf of all citizens who loved Dr. Elliot. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of the Saint John extend condolences to the family of the late Dr. G. Forbes Elliot. Council members, individually, expressed sympathy on the passing of Dr. Elliot, who had served as a member of Common Council and as Deputy Mayor. Question being taken, the motion was carried. Deputy Mayor McAlary expressed appreciation to those involved in the November 20 Annual Santa Claus Parade; noted her and Councillor M. Vincent's attendance at the November 20 Annual Meeting of the Saint John Salvage Corps and Fire Police, and thanked Corps members who will be retiring on December 31, 1993 for their total of 172 years of outstanding service and dedication as follows:- Messrs. Harold Mayes for 48 years, Alvin McKinley for 39 years, Jim Purdy for 35 years, Don Barnett for 34 years, and Robert Campbell for 16 years of service; advised that the Festival of Trees, sponsored by the Saint John Regional Hospital Foundation Board and the Hospital Auxiliary, will be held at the Hospital from November 26 to 28 to raise monies to purchase a patient assessment monitor; and invited citizens of Saint John and surrounding areas to attend the Mayor's Tree Lighting Ceremony on November 26. 84-371 COMMON COUNCIL NOVEMBER 22, 1993 Councillor Chase suggested that the retiring Salvage Corps' members should be invited to attend the last Council meeting of 1993 and have them recognized for their service to the community. On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that Messrs. Harold Mayes, Alvin McKinley, Jim Purdy, Don Barnett and Robert Campbell be invited to the Common Council meeting of December 20, 1993, for recognition at that time of their service to the community through their membership in the Saint John Salvage Corps and Fire Police. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Councillor Knibb requesting that staff provide Council with (a) a list of tender responses for auctioneers for the City's auction of used and surplus equipment held last month; (b) a list of the major items of equipment for sale and the money received; and (c) a comparison of the success of auctions for the past three years -- be referred to the City Manager for a report at the next meeting. Councillor Gould asked that the City Manager's report include an indication of the amount of advertising actually carried out with respect to the City's auction, and asked why the firm concerned neglected to include the City's Coat of Arms in its printed advertisement that appeared in the press on the basis that the City uses its Coat of Arms in its advertising and anyone advertising on behalf of the City should use it too. Question being taken, the motion was carried. Read a letter from Councillor A. Vincent advising that it has been brought to his attention that the By-Election for Mayor of Saint John will cost the taxpayers $85,000; and recommending that Common Council go on record requesting the Minister of Municipalities, Culture and Housing to amend the Act so that it not be necessary to call a by-election for a term of fifteen months. Councillor A. Vincent noted that it would not be necessary to call a by- election had the vacancy in the Mayor's Office occurred twelve months immediately preceding the date of a municipal election, and that his recommendation is to seek an amendment to the Municipalities Act and not have a by-election in order to save the taxpayers $85,000. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that Common Council request the Minister of Municipalities, Culture and Housing to postpone the by-election if possible. Discussion was with regard to the propriety of Council getting involved in what is a Provincial responsibility, and in the democratic process. Question being taken, the motion was lost with Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites and M. Vincent voting "nay". Read a report from the City Manager submitting a letter from Janet Brockway to Common Council requesting approval of the placement of her mobile home on the property at 381 Churchland Road (NBGIC Number 352427); advising that further discussions have been held with Ms. Brockway to obtain further clarification of her proposal and the reasons for the request; and submitting a recommendation in this 84-372 COMMON COUNCIL NOVEMBER 22, 1993 regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be given to Janet Brockway to locate a mobile home at 381 Churchland Road (NBGIC Number 352427) for a temporary period of one year, pursuant to Section 27 of the Mobile Home Park By-Law. Deputy Mayor McAlary asked that the above matter be tabled on the request of the City Manager, as earlier this date staff learned that the subject property has now been sold. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that the above matter be laid on the table. Councillor Rogers noted her site visit and Councillor A. Vincent rose on a point of order in that tabling motions are not debatable. Question being taken, the tabling motion was carried with Councillor M. Vincent voting "nay". Consideration was given to a report from the City Manager advising that, due to growth in system usage of the Protective Services AS400 Computer System and as part of the ongoing program to maintain peak system performance, both AS400's have matured to the point that hardware upgrades have become necessary; explaining what the proposed upgrade will involve; and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, staff be authorized to proceed with the upgrade of the emergency services AS400 Computer System with I.B.M. Canada, and further that the existing lease be modified to include the cost ($130,839 plus taxes) of upgrade equipment for an additional 55 months. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to the letters on the agenda of this meeting dealing with the issue of the Federal Government's proposed Infrastructure Program; suggesting that it is now appropriate for the City of Saint John to go on record as supporting an initiative that would fall within the proposed Infrastructure Program; and expressing the opinion that, on the basis of the Wastewater Strategy, prepared in February 1993 for the City of Saint John, the Province of New Brunswick and the Government of Canada, the City of Saint John should now make application to the other levels of government for funding in that, as the total cost to implement the Strategy was estimated at $93,000,000 in 1993 dollars, obviously the Water and Sewer ratepayers of the community could not afford to fund such an initiative by themselves, and only by entering into a partnership with the other two levels of government can the citizens expect to see the Wastewater Strategy implemented; and recommending that Common Council adopt as its first priority, under the proposed Federal Infrastructure Program, the implementation of the Wastewater Strategy, and further that the City Manager be authorized to initiate discussions with the other levels of government aimed at reaching a tripartite agreement that would ensure funding for the Strategy's implementation. Consideration was also given to a letter from The Honourable Jane Barry, Minister of the Environment, advising that it is imperative, with the election of the new Federal Government, to move at once in approaching the Federal Government to discuss a potential agreement with regard to Saint John Harbour clean-up, and that she 84-373 COMMON COUNCIL NOVEMBER 22, 1993 has communicated with The Honourable Sheila Copps, Minister of the Environment for the Government of Canada, in hopes that a meeting of the three levels of government can be arranged in the near future; urging Council, given that it is currently considering capital expenditures for the next fiscal year, to provide for expenditures for Harbour clean-up with consideration to a multi-year approach, and to proceed at once building on the results of the Saint John Harbour Study; and reminding Council that Provincial dollars have been set aside in the current capital budget for planning for waste water infrastructure at $250,000. Consideration was also given to a letter from the Greater Saint John Economic Development Commission encouraging the City to look very carefully at taking advantage of the Federal Government Infrastructure Program, and to initiate steps quickly with the Federal Government and the Province to examine the alternatives. Consideration was also given to a letter from the Federation of Canadian Municipalities requesting an early reply to the submitted questionnaire surveying the municipalities relative to infrastructure projects/programs to assist the Federation in the preparation of an overview of the kinds of projects that have municipal support; and suggesting that, although the criteria for the Federal Infrastructure Program has not been confirmed, it is likely that building economic efficiency, a key element in promoting this Program, will become a major factor; therefore, when completing the questionnaire, emphasis should be placed on practical, essential projects that can be advanced to 1994 through tripartite funding. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council adopt as its first priority, under the proposed Federal Infrastructure Program, the implementation of the Wastewater Strategy, and further that the City Manager be authorized to initiate discussions with the other levels of government aimed at reaching a tripartite agreement that would ensure funding for the Strategy's implementation. During discussion Mr. Totten, in response to Councillor Trites, advised that funding for the above project would be carried as a function of the Water and Sewerage Utility and therefore would affect water, as opposed to tax, rates; and Councillor Knibb asked the guidelines of the Infrastructure Program in that it might be possible for the Marco Polo Project to commence under the same basis of a downtown development, with the City to put in some share of the cost of providing the site, and suggested that the City Manager should attempt to get as early as possible the information from the Federal Government to see if the Marco Polo Project could qualify under this type of cost sharing. Councillor A. Vincent suggested that, as the sewerage outfall into the Harbour is a health problem, Council, through Deputy Mayor McAlary, should arrange a meeting with The Honourable Jane Barry and invite the Deputy Prime Minister and Federal Environment Minister to tour the Harbour to determine if there might be Federal Manpower money available for a lift station and so on. Question being taken, the motion was carried. Councillor Knibb proposed a motion to receive and thank the Minister of the Environment and the Greater Saint John Economic Development Commission for their letters, whereupon Deputy Mayor McAlary asked that the letter from the Minister be referred to the City Manager to see if a project can be identified before the end of March. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Minister of the Environment concerning the Saint John Harbour clean-up be referred to the City Manager. Question being taken, the motion was carried. 84-374 COMMON COUNCIL NOVEMBER 22, 1993 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Greater Saint John Economic Development Commission regarding the Federal Government Infrastructure Program be received and filed and the Commission be thanked for its letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Federation of Canadian Municipalities submitting a questionnaire relative to infrastructure projects be referred to the City Manager to complete the questionnaire. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on November 15, 1993, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, (1) Common Council resolution of September 8, 1992, concerning the closing and sale of a portion of Tippett Drive, be amended by deleting section (2) and replacing it with the following section (2): on successful closing of the street, the land be subdivided and sold as follows: (2.1) Parcel "C" be sold to Arthur and Isabelle Sisk to be consolidated with their surrounding land to form the single lot at a price of $500 plus all costs necessary to complete the street closing and all property transfers involved; (2.2) Part "B" be transferred to Dorothy Peterson to be consolidated with her property to form the single lot; and (2.3) this agreement to sell neither implicitly nor explicitly obligates the City to complete the street closing and the sale will not take place if the street is not closed; and (2) the closing of the portion of Tippett Drive considered by Common Council at its meeting of November 30, 1992 and tabled at that time be removed from the table and the street closing be completed. 2. That as recommended by the City Manager, Mr. Dayle Messer be named as the City's nominee to the board of arbitration of Local No. 18 grievance 93-7 on behalf of Mr. Bill Belleville. 3. That as recommended by the City Manager, Common Council name Mr. James W. Clark as the City's nominee to the binding arbitration with C.U.P.E. Local 61. November 22, 1993, Saint John, N. B. Respectfully submitted, sgd.) Shirley McAlary, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted: 84-375 COMMON COUNCIL NOVEMBER 22, 1993 AND FURTHER that the by-law entitled, "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 closing a portion of Tippett Drive, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the by-law entitled, "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 closing a portion of Tippett Drive, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council approve the submitted photo- reduced subdivision plan of Lot 93-1 at 240 Mark Drive, which is a consolidation of a 103-square metre (1,1 09-square foot) parcel of land acquired by the City as land for public purposes, to an existing residential property; and (2) Common Council direct all money received through the sale of the land into the special account for acquiring and developing future land for public purposes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted photo-reduced subdivision plan of Lots 93-1 and 93-2 at 51 Celebration Street, as well as a portion of land to be included into the right-of-way of Celebration Street. Question being taken, the motion was carried. 84-376 COMMON COUNCIL NOVEMBER 22, 1993 On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, submitting a copy of the summary report prepared in October 1993 by the New Brunswick Departments of the Environment and Health & Community Services, entitled "An Analysis of the Trace Metal Content of Vegetables, Garden Soils and Surface Waters in East Saint John Following an Atmospheric Deposition of Particulate"; and advising that a number of recommendations have been prepared which the Department of the Environment will pursue as a part of its commitment to improve monitoring and a better understanding of these matters -- be referred to the City Manager for discussion in Committee of the Whole, and the Minister be thanked for the report and asked for a further report on activity in East Saint John over the weekend of November 20, 1993. Councillor Landers expressed the understanding that there was some activity in the above area over the weekend involving black smoke and a very loud rumbling that shook many homes; and suggested that, having spoken to the Minister of the Environment who is to prepare a report for her in this regard, Council could ask for that report, and the above motion was changed accordingly. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Stuart Jamieson, MLA Saint John Fundy, thanking the City for work done on the Clover Valley Road; advising that he has spoken to the Minister about the reconstruction of Ben Lomond Corner within the City of Saint John, at the intersection at Loch Lomond Lake where Route 820 to Baxter's Corner meets Route 111 to St. Martins, in that it should be realigned, and as well that Loch Lomond Road within the City from the Airport Arterial to Willow Grove should be upgraded; also advising that he is prepared to meet with City officials, along with Provincial District Engineer George Haines, to discuss the matter, and that he hopes that Council could see this as a priority for the City of Saint John in its Provincial-Designated Highway funding; and suggesting that, in the immediate future, the City of Saint John should install adequate lighting and do some shoulder work from Ben Lomond Corner to Willow Grove -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. William Reynolds, which was tabled at Council's meeting of November 8, regarding snow plowing on Lime Kiln Road -- be received and filed. It was noted that Council was provided with a teach-in on private roads. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Peggy & Jim Durning informing Council of the current events taking place at their home and the surrounding area of the Three Mile Tavern since their last letter to the Planning Advisory Committee in that everything they listed in their letter to the Committee that was happening previous to the re-zoning continues to do so, on a four times greater magnitude, every Wednesday, Thursday, Friday and Saturday until 2 or 3 a.m. of the next day and weekdays if special events are brought in; and asking to be informed of the next plan of action that can be taken to restore their lives as quiet and peaceful -- 84-377 COMMON COUNCIL NOVEMBER 22, 1993 be referred to the City Manager for a report. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City of Saint John Retired Members Association advising that it will be opposing the application being made by the City of Saint John to have the Province repeal the City of Saint John Pension Act and to further seek authority to have the City Pension Plan administered by City by-law as provided for under the provisions of the Municipalities Act -- be referred to the Board of Trustees of the City of Saint John Pension Plan. Councillor Knibb, a Pension Board Trustee, advised that, while he can understand the Retirees' concern on the basis that a change from a Provincial Act to a City by-law could be seen as a threat to them, he does not see it as such and that a by- law would make for more effective control and faster action; however, there is no intention to wind up the Pension fund or in any way threaten Retirees' regular payments to which they have contributed. Mr. Wilson, Treasurer of the Pension Board, confirmed that the proposed change is in no way intended to diminish the benefits being paid to City retirees; and he explained the difficulty in the present situation of seeking amendments to the Pension Act through the Province, compared to the process required should a by-law be in place. Councillor M. Vincent asked if all the proper notices been given in this regard on the basis of what happened the last time the Board sought to obtain amendments to the Act, to which Mr. Rodgers replied that this is not a procedure that requires notices and is a simple case of Council requesting the appropriate Minister to take steps to amend the Municipalities Act to allow the municipality to enact a by-law; and Mr. Wilson advised that, while notice must be given should amendments to the Pension Act be requested which affect the benefits being received by any current or future beneficiary, this is not a change to the Pension Act and the type of notification to which Councillor M. Vincent is referring is not required in this case. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the letter from the Fund- Raising Committee of the Loyalist Senior Friendship Games requesting assistance as in previous years for the 1994 Games for June 6-9 inclusive -- be referred to the City Manager and the City Manager be asked to contact the Canada Games Foundation in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Happily Ever After Ltd. for an amendment to the Section 39 conditions of re-zoning of 134 Sydney Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 17, 1994. It was noted that the above property is the site of the former 1880 Club. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters from (a) Dorothy Dawson and (b) the Multicultural Association of Saint John regarding the City's 84-378 COMMON COUNCIL NOVEMBER 22, 1993 intention to seek legislation to enable a monument to be erected in the Loyalist Burying Ground -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from Uptown Saint John Inc. submitting sketches from its tender package to construct an additional four outdoor and seven indoor signs relative to an Uptown Pedestrian Signage System to assist pedestrian movement throughout the Uptown; advising that Uptown Saint John Inc. is prepared to accept the full cost of $16,566 for installing the exterior signs as well as the annual cost of updating these signs and, should the City of Saint John wish to proceed with installing the interior signs which will be located at the pedway entrances and exits to the City Market, the Aquatic Centre and Harbour Station, the cost would be $10,292; also advising that, with Council's support, Uptown Saint John Inc. would be prepared to instruct the contractor to commence construction of the exterior signs this fall; and requesting any input which Council may have regarding this project -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk