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1994-01-04_Minutes 84-420 COMMON COUNCIL JANUARY 4, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourth day of January, AD. 1994, at 7:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Knibb, Landers, Rogers and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Tim Davidson of Harvest Christian Fellowship offered the opening prayer. 2. Approval of Minutes On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on December 20, 1993, be approved. Question being taken, the motion was carried. 3. Deputy Mayor's Remarks Deputy Mayor McAlary thanked the 300 to 400 citizens who attended the City's New Year's Levee on January 1; advised that a letter of best wishes for 1994 to the members of Council and the citizens of Saint John has been received from the City of Newport, Rhode Island, Saint John's Sister City; proclaimed January 1994 as Alzheimer's Awareness Month in the City of Saint John; asked that Saint John citizens participate in Keep Saint John Beautifullnc.'s 5th Annual Christmas Tree Mulch by taking their trees to the Sears parking lot at McAllister Place on Saturday, January 8 for mulching, rather than disposing of them with their garbage; the latter which results in the utilization of much space in the landfill site; and, with regard to weekly garbage collection, requested the citizens to put their garbage out on the morning of, rather than the night before, the scheduled pick-up time because high winds and snow can make it difficult for the City workers to collect it if it is put out too early, and the procedure relevant to vehicular parking on City streets during snow removal was broached, as was the action to be taken to collect garbage which was put out for collection as scheduled and not picked up and is now buried in the snow. 4. Street Closing By-Law Amendment - Lake Drive & Gibson Road The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to close a portion of Lake Drive and Gibson Road, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed street closing. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In 84-421 COMMON COUNCIL JANUARY 4, 1994 The City Of Saint John", with regard to closing a portion of Lake Drive and Gibson Road, 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 And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor M. Vincent 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 Lake Drive and Gibson Road, 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". 5. Cities of New Brunswick Association - 1994 Membership Dues On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the submitted invoice S-001-94, in the amount of $18,884, for 1994 Cities of New Brunswick Association membership dues. Question being taken, the motion was carried. 6. Tender for Hydrofluosilicic Acid On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Stanchem Inc. be accepted for the supply of hydrofluosilicic acid, for a period of one year at the unit prices bid as follows: $0.3175/KG for shipments of approximately 22 tonnes, and $0.3015/KG for shipments of approximately 30 tonnes, GST included an F.O.B. delivered. Question being taken, the motion was carried. 7. Contract 93-14 Tender for SealinQ Watermain Joints On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, contract 93-14, sealing 900 mm diameter watermain joints, be awarded 0 Miller Utility Services Ltd., at the tendered price of $33,114 as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor M. Vincent advised that he favours the third bidder, QM Construction Ltd. of Saint John, on the basis that, as indicated in the City Manager's report, the parent company would provide the training program for a local company awarded the work as well as supervise the installation which, he would think, would provide an opportunity for the development of this service in the City and that, if there were more local people trained, the City should be in a position to get a more favourable tender as compared to bringing an outside company in. Mr. Robichaud explained that one of the problems he has with that situation relates to the question of how one gets experience without first getting jobs, and the company recommended by staff has a lot of good experience based on the information submitted to the City during the tender 84-422 COMMON COUNCIL JANUARY 4, 1994 process, and as well there is a greater chance of something going wrong if somebody has not done the work before, but that is not to say they cannot do it; and also that one of the other concerns when the bid was submitted was that the indication that the company would supervise the installation was not clearly understood, although staff could probably find out what this means. (Councillor Chase withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 8. BorrowinQ Resolutions Read a report from the City Manager recommending adoption of the submitted resolution as requested by the Bank of Nova Scotia to formalize the line of credit with the City. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that for general operating purposes: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1994; 2. That any two of the Commissioner of Finance, the Deputy Commissioner of Finance or the Manager of Accounting Services are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. That the Commissioner of Finance if hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for current year and for any preceding years and all of the monies collected or received from any other source: AND FURTHER that for the purposes of bridge financing on Capital Expenditures: 5. That the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 6. That any two of the Commissioner of Finance, the Deputy Commissioner of Finance or the Manager of Accounting Services are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine, and 7. That any two of the Commissioner of Finance, the Deputy Commissioner of Finance or the Manager of Accounting Services are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the 84-423 COMMON COUNCIL JANUARY 4, 1994 Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each promissory note at such rate as the Bank may from time to time determine. Question being taken, the motion was carried. 9. Tender for Renovation of Washrooms Lancaster Arena On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the bid or Pro Woodworking Enterprises Ltd., in the amount of $14,841.39 (taxes included), be accepted for renovations to washrooms at the Lancaster Arena. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 10. ZoninQ By-Law Amendment - Cedar Point On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-333 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 30 acres of City-owned lands, being portions of NBGIC Numbers 49908 and 51771, and 39 acres of Provincially- owned lands, being a portion of NBGIC 52845, located at Cedar Point, from "RS-2" One- and Two-Family Suburban Residential to "RSS" One-Family Serviced Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-333 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 11. ZoninQ By-Law Amendment - 86 ReQent Street On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-334 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property at 86 Regent Street (NBGIC Number 343178), from "R-2" One- and Two-Family Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to a condition limiting the use of the property to a community centre. The by-law entitled, "By-Law Number C.P. 100-334 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 12. Committee of the Whole Report - (December 20, 1993) Read a report of the Committee of the Whole (as follows) 84-424 COMMON COUNCIL JANUARY 4, 1994 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on December 20, 1993 when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, with regard to the Old Provincial Building at 55 Canterbury Street, with frontage on Princess and Prince William Street: (1) the lease for the space at 112 Prince William Street with Angela Grew be renewed for a 3-year period commencing January 1, 1994, at the following rentals: 1994 - $725; 1995 - $775; 1996 - $825; and (2) the office space at 55 Canterbury Street containing an area of 435 square feet be leased to James Grannan for a period of 1 year commencing January 1, 1994, at a rental of $220 per month, with the City to be responsible for cleaning and maintenance of the interior. 2. That as recommended by the City Manager, (1) approximately 14,532 square feet of land at the intersection of Smythe and Station Streets be leased from CN Real Estate under the following terms and conditions: (1.1) the lease to be for a five-year period commencing December 1, 1993; (1.2) the rental for the first two years to be $3,000 per year and for the last 3 years to be $3,500 per year payable in advance; and (1.3) the City be responsible for maintenance of the property and any taxes that may be applied against it; (2) the rental on the property as well as any maintenance on the property be paid by the Saint John Parking Commission and that the taxes be paid by the City and charged to the budget of Harbour Station; and (3) the Mayor and Common Clerk be authorized to sign a lease with CN Real Estate for the parcel of land under the terms and conditions as outlined. Tuesday, January 4, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 12(1). Rentals Old Provincial BuildinQ On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 13. Minister of Income Assistance re Support Payments Consideration was given to a letter from The Honourable Ann Breault, Minister of Income Assistance, acknowledging Common Council resolution of November 8, 1993 regarding support payments by one parent to another who is in receipt of income assistance; providing background as to why the Department has taken this position; and advising that the Department will continue to look at this issue and she is certain that it will come up in the public debate which will follow the tabling of the discussion paper on social policy reform. Councillor Knibb proposed a motion to receive and thank the Minister for the above letter but insist that Council would like to see the policy changed; and Deputy Mayor McAlary noted the above letter does not address the question of a reduction in social assistance payments to single people, whereupon Councillor Knibb made the observation that this issue was not broached at the same time as the above matter. Councillor Rogers asked what Council asked of the Minister to which Mrs. Munford replied that the request of Council was contained in the resolution which was forwarded to the Minister and that, as indicated in the first paragraph of the Minister's letter, the subject matter dealt only with support payments. Councillor Knibb suggested that this matter could be tabled for one week until the content of the Council resolution is determined; and with regard to Deputy Mayor McAlary's observation that the City, if it has not already, should be receiving a copy of the Province's discussion paper on social 84-425 COMMON COUNCIL JANUARY 4, 1994 policy reform. Councillor Rogers suggested that the Minister could be asked to address Council in this forum on the discussion paper so that the citizens can be apprised of the direction to be taken by the Provincial Government in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above letter from the Minister of Income Assistance be laid on the table. Councillor Coughlan suggested that the above motion should be on the understanding that the Minister or her designate will be asked if they wish to comment further, perhaps in person, and Deputy Mayor McAlary suggested that a copy of the discussion paper should be obtained so that Council members can read it before inviting the Minister to come to Council. Question being taken, the tabling motion was carried. 14. Minister of Municipalities, Culture and HousinQ re Municipal Pension Plan On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, acknowledging Common Council resolution of November 8, 1993, concerning the repeal of a statute governing the operation of a municipal pension plan; and advising that other municipalities have presented somewhat similar situations to this and the Department is in the process of considering an approach that would address the various issues, and will provide additional information as it becomes available -- be received and filed. Question being taken, the motion was carried. 15. Minister of Environment re Activity in East Saint John On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, responding to Common Council resolution of November 22 concerning activity in East Saint John on the weekend of November 20 with regard to the Irving Oil Limited Refinery; and advising that she would be pleased to provide further information once the results of the investigation are available and decisions on any formal action are taken -- be received and filed. Question being taken, the motion was carried. 16. Minister of Finance re liquor License Applications On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Allan E. Maher, Minister of Finance, explaining that, further to previous correspondence concerning written approval for the liquor licensing process which caused some confusion among certain municipalities and in some cases every application for a liquor license was approved through a resolution of Council, Section 69(1)(c) of the Liquor Control Act has now been amended with a proclamation date of January 1, 1994, and that it will therefore not be necessary for municipal councils to consider the requests for approval of liquor license applications, and that the only requirement will be a letter from the planning or development officer indicating that the proposed premises meets with the planning and zoning requirements of a city, town or village -- be received and filed. Question being taken, the motion was carried. 84-426 COMMON COUNCIL JANUARY 4, 1994 17. Re Applications for Five-Star Community Awards On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the joint letter from Alderman Ron Hayter, President of the Federation of Canadian Municipalities, and The Honourable Lloyd Axworthy, Minister of Human Resources Development, inviting Council, on behalf of the National Selection Committee, to apply for the 1994 Five-Star Community Awards for accomplishments in removing barriers to participation for Canadians with disabilities in each of the Five-Star areas: transportation, housing, employment, recreation, and education -- be received and filed and copy be forwarded to Recreation Supervisor Susan Fitzpatrick. The mover and seconder of the above motion agreed to add to the motion to forward a copy of the correspondence to Susan Fitzpatrick who is assigned specifically to work with persons with disabilities and with the Saint John Ability Advisory Committee, as suggested by Councillor Landers, a member of the Committee, on the basis that the information required for award application is now more readily available than when the City applied previously for an award. Question being taken, the motion was carried. 18. National Safety Council's Request For Contribution On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Emile-J. Therien, President of Canada's National Safety Council, asking if the City would be the official sponsor of the opening reception through a contribution of $500.00 for the Council's 1994 national conference to be held in Saint John on May 15-16, and followed by the New Brunswick Council annual conference on May 17 -- be referred to the City Manager. Councillor Knibb advised that, with regard to the reference in the above letter of $50 for a Town Crier, on the occasions when requested to be Town Crier, he has done, and will continue to do, so for free. Councillor M. Vincent asked to be advised of the members of the local organizing committee and whether or not the City's Tourism Department was involved in bringing this conference to Saint John. Deputy Mayor McAlary expressed the understanding that Saint John's Safe City Committee will be asked to make a presentation at the conference. Question being taken, the motion was carried. 19. FCM's Request For Resolutions On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the March 1994 meeting of the FCM National Board of Directors or at the Annual Conference in June 1994 -- be referred to the City Manager with the specific request for a resolution pertaining to the preservation of the national rail network. Councillor Rogers suggested that another issue of concern is the downloading effect of finances through the Province to the municipalities. Question being taken, the motion was carried. adjourned. 84-427 COMMON COUNCIL JANUARY 4, 1994 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk