Loading...
1995-10-10_Minutes 85-496 COMMON COUNCIL OCTOBER 10, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the tenth day of October, AD. 1995, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Development Services; W. Butler, Commissioner of Community Services; P. Woods, Deputy Commissioner of Finance; B. Thompson, Deputy Chief of Police; G. Tait, Fire Chief; S. Armstrong, Director of Engineering; W. Edwards, Building Inspector; J. Baird, Manager, Community Planning; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and led in the recitation of the Lord's Prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on October 2, 1995, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary welcomed to the Council Chamber students of Grade 6 of Holy Trinity School; extended a welcome to His Excellency The Right Honourable Romeo LeBlanc, Governor General of Canada, noted that a civic ceremony was held at noon in front of City Hall and there will be a dinner this evening at the Centre scolarie- communautaire Samuel-de-Champlain in honour of the Centre's tenth anniversary; reminded citizens of the Operation Number for Life and encouraged all citizens to ensure that their civic numbers appear on their homes; noted that the Saint John Visitor and Convention Bureau has announced that the Atlantic Canada Showcase will be held in Saint John in 1996, a major group tour and motor coach market place for potential buyers of Atlantic Canada travel products; proclaimed October 14 to be Children's Wish Day in the City, and thanked all the volunteers involved in this effort; proclaimed the week of October 8 to 14 as Fire Prevention Week, noting that October 14 has been designated as Fire Service Recognition Day and expressed her appreciation on behalf of the members of Common Council to the members of the Fire Department and Salvage Corps for the work they do throughout the City. Councillor Vincent noted that Fire Prevention Week was established to commemorate the Great Chicago Fire, and reminded the public that fire can happen at any time and no one is exempt from it. 4. Proposal For City's Future Direction Consideration was given to a letter from Councillor Ball requesting the opportunity to discuss with Council a proposal to determine the future direction of the City and to propose a course of action which will hopefully result in a renewed focus by Coundlduringi~term. 85-497 COMMON COUNCIL OCTOBER 10, 1995 On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that a Strategic Planning Session be convened by Council to give focus toward planning the future direction of the City of Saint John, and that the Planning Session be held in Committee of the Whole, as soon as possible, with the session being guided by a professional facilitator versed in the special techniques required in a Strategic Planning Session, and that following the session it is paramount and most important that agency and citizen input through public form be an integral part of the process. Referring to his letter, dated October 8, 1995, outlining the above course of action (copies of which were distributed at this meeting), Councillor Ball suggested that the purpose of convening a planning session with the Mayor and members of Common Council would give a focus toward planning the future direction of the City. Councillor Knibb advised he would not be supporting the motion as it was decided by the previous Council, and reaffirmed by the present Council, that it would secure input from those important bodies in the community who had some ideas to give it; that there are two housekeeping items, the demolition of the General Hospital and the landfill site, one of which is highly controversial; that his next project is the Marco Polo project and next would be some type of housing strategy, but he wants input from the Saint John Board of Trade and Enterprise Saint John and any other interested citizens; that he will not be supporting the motion because he feels it is putting a strategic session of Council ahead of the real thing. Councillor Ball agreed that there are common threads and he would have no problem getting together with these organizations after the planning session has taken place. Councillor Vincent referred to an effort brought by him to the previous Council, and which was unanimously passed, which centered on bringing together the groups referred to by Councillor Knibb; noting that there is a need for Saint John to meet with Federal representatives to reinstate itself as a changing and growing City and suggested there is room for the suggestions from both Councillor Knibb and Councillor Ball. Question being taken, the motion was carried with Councillor Knibb voting "nay". 5. Tender For Contract 95-25 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 95-25: Spruce Lake water supply - fluoride and ph control systems, be awarded to the low tenderer, Master Mechanical Contractors Inc., at the tendered price of $438,000, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Responding to a query as to the reason for the $100,000 difference in the tendered price and the engineer's estimate, Mr. Armstrong advised that upon analysis the bulk of the difference is in the electrical components of the contract, and that GST may not have been added into the City's estimate; that the consultant has looked at the figures and he feels this is likely best result the City can get; and further noted that the City does not fluoridate industrial water. Question being taken, the motion was carried. 6. Sun Life Skate Canada International Read a report from the City Manager commenting on the Sun Life Skate Canada International premier figure skating event to be held at Harbour Station on November 2 - 5, 1995, with respect to the number of anticipated visitors to the City, the economic impact to the community, media coverage, and the City's platinum sponsorship; and submitting a recommendation in this regard. 85-498 COMMON COUNCIL OCTOBER 10, 1995 On motion of Councillor Vincent Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, Common Council approve the platinum sponsorship by the City of Saint John for Sun Life Skate Canada International, to be held at Harbour Station on November 2 - 5, 1995, with funding to be $15,000 for services-in-kind and a $10,000 grant from Venue Saint John, and the Mayor and Common Clerk be authorized to execute any necessary legal documents. Question being taken, the motion was carried. 7. Nova Scotia Health Services Tax Read a report from the City Manager submitting information from the Nova Scotia Department of Finance on the subject of convention guidelines for hotel operators in that convention delegates attending conferences in Nova Scotia may qualify for an exemption from Health Services Tax, the current tax in Nova Scotia being 11 %, equal to the New Brunswick Provincial Sales Tax; advising that this exemption provides an advantage to Nova Scotia in the competitive convention market; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager submitting information from the Nova Scotia Department of Finance on the subject of convention guidelines for hotel operators in that convention delegates attending conferences in Nova Scotia may qualify for an exemption from Health Services Tax, the current tax in Nova Scotia being 11 %, equal to the New Brunswick Provincial Sales Tax; advising that this exemption provides an advantage to Nova Scotia in the competitive convention market, be received and filed and Common Council request The Honourable Frank McKenna, Premier of New Brunswick, and The Honourable Edmond Blanchard, Minister of Finance, to investigate this issue and resolve to create an equal basis for levying provincial tax on convention delegates in the four Atlantic Provinces. At the request of the seconder, Councillor Knibb agreed to include in his motion referral of this matter to the Minister of Finance as well as the Premier. Question being taken, the motion was carried. 8. Sale Of 51-53 St. James Street Consideration was given to a report from the City Manager recommending, further to Council's adoption of the recommendation in the submitted report to Committee of the Whole on August 14, the sale of property at 51-53 St. James Street to Mr. Robert Young. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize the sale of the property located at 51-53 St. James Street to Mr. Robert Young for $2.00 per square foot on condition that: (a) Mr. Young take title to the property on or before January 1, 1996; (b) the property be accepted by the purchaser as is; (c) the City pay the 1995 property taxes; (d) the City pay costs (except for a survey) to transfer title; and (e) the purchaser deposit with the City the sum of $500 on or before November 10, 1995 as a guarantee the purchaser will accept title to the property, said deposit to forfeit to the City should the purchaser not take title to the property by the date specified; and the Mayor and Common Clerk be authorized to execute all documents necessary in this regard. Question being taken, the motion was carried. 85-499 COMMON COUNCIL OCTOBER 10, 1995 9. Lease For Somerset Community Centre. 215 Churchill Boulevard Consideration was given to a report from the City Manager noting the agreement with the District 8 School Board for the space occupied in the former Crescent Valley/St. Pius School by the Somerset Community Centre upon its relocation there as part of the establishment of the North End Police District Office, as well as the closure of the School in June 1994 at which time the building was transferred to the Provincial Department of Supply and Services; advising the details of the proposed monthly rent for the Centre; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council authorize rent payments to the Provincial Department of Supply and Services of $24,282 per year plus GST for three years commencing July 1, 1994 for the occupancy and use of the portion of the former Crescent Valley/St. Pius School occupied by the Somerset Community Centre at the time the building was taken over by the Department of Supply and Services (July 1, 1994); and the Mayor and Common Clerk be authorized to execute all documents necessary in this regard. Question being taken, the motion was carried. 10. Leases With Saint John Port Corporation Read a report from the City Manager submitting a recommendation for the renewal of leases with the Saint John Port Corporation for a number of installations, including water and sewer lines, streets and recreational facilities. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, Common Council approve the renewal of the leases with the Saint John Port Corporation as follows: 1. For a term of three years and one month commencing October 1, 1995 at an annual rent of $300 plus GST for (a) Minette Street and (b) Robertson Square; 2. For a term of three years commencing November 1, 1995 at an annual rent of $25 plus GST for Market Place West; 3. For a term of three years commencing January 1, 1995 at an annual rent of $300 plus GST for (a) Courtenay Bay Causeway (42" sewer) and (b) Lower Cove Loop (Broad Street); 4. For a term of three years commencing January 1, 1995 at an annual rent of $2,000 plus GST for Courtenay Bay Causeway (60" sewer and embankment); and further that staff be authorized to negotiate the purchase of the land occupied by Broad Street with a further report and recommendation to be made to Council; and the Mayor and Common Clerk be authorized to execute all documents necessary in this regard. Question being taken, the motion was carried. 11. License Agreement For Community Centres In Schools Read a report from the City Manager commenting on an agreement prepared by staff of the School District No.8 Board and the City which incorporates into one agreement the provisions of the four expired agreements for community centres within schools and a new agreement for the Millidgeville Community Centre; and submitting a recommendation in this regard. 85-500 COMMON COUNCIL OCTOBER 10, 1995 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the renewal of a license agreement to replace the expired agreements between the City of Saint John, the Minister of Education and School District No.8, respecting the operation of community centres attached to and/or located within King Edward/St. John the Baptist School, Lorne School, Forest Hills School and Simonds High School, and the entering into of an agreement respecting the operation of a community centre attached to and/or within the M. Gerald Teed School, provided the agreement contains the following provisions:- (a) the term of the agreement will be ten (10) years commencing January 1, 1995, with further renewals by mutual agreement; (b) termination notice will be six months except the Minister may terminate with 30 days notice under special conditions; (c) the hours of operation of the community centres are established in the agreement with a provision that by mutual agreement they can be changed; (d) the agreement recognizes the City owns the land and building attached to Lorne School and retains all rights and privileges with respect to this ownership; (e) a provision whereby the Director of Recreation and the Superintendent of Schools may by mutual consent establish rules and regulations respecting the mutual sharing of their respective facilities and hours of operation; (f) the City shall maintain in effect liability insurance; (g) the agreement provides that, in the event the community centre is damaged or destroyed, the Minister is obligated to rebuild and further, should the Minister determine that the community centre will not be rebuilt, the Province will make a prorated payment to the City based on the unexpired period of a 20-year term and the City's actual contribution at the time of construction; and (h) annual rents: (i) North End Community Centre - the City pays all costs associated with the operation and maintenance of the portion of the Community Centre which the City owns, and the Province pays for all costs associated with the operation and maintenance of the School building; (ii) Forest Glen and MillidQeville Community Centres - the City pays all costs associated with the operation and maintenance of the portion of the School used by the City as a Community Centre, and the Province pays for all costs associated with the operation and maintenance of the balance of the School building and, in addition, labour and material for the cleaning and maintenance of the Community Centre is paid by the City at the rate of the salary of one custodial employee of the School Board, plus material as needed; (iii) South End Community Centre - the City pays reasonable costs incurred by the School Board over and above the costs which the School Board incurs from the operation of the School, plus the costs of any agreed-upon repairs; and (iv) Simonds HiQh School (SwimminQ Pool) - the City pays 1/52 of the operating costs of the swimming pool for each week the City has exclusive use of the swimming pool; and further that the Mayor and Common Clerk be authorized to execute all documents necessary in this regard. Question being taken, the motion was carried. 12. Committee Of The Whole Report Read the 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 October 2, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council authorize staff to notify Paul's Trucking & Demolition Limited that the City is not interested in purchasing the property at 8 Sewell Street at this time. 85-501 COMMON COUNCIL OCTOBER 10, 1995 Tuesday, October 10, 1995, Saint John, N.B. 12.1. 8 Sewell Street Respectfully submitted, (sgd.) Shirley McAlary, C h air man. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 13. Saint John Aquatic Centre Commission SUQQestions Proposed Bv The YMCA-YWCA On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Leo Maloney, Chairman of the Saint John Aquatic Centre Commission, expressing concern with some of the suggestions that have been proposed by the YM-YWCA in that two of the Y's proposals are what led the Commission to pursue an expansion that will help to control the Aquatic Centre's deficit and provide quality, diverse recreation opportunities for the citizens; and setting out a table which illustrates the financial contribution of the fitness/members and aquatics program areas at the Canada Games Aquatic Centre to illustrate that the fitness side of the facility is the primary cash generator -- be received and filed. Mayor McAlary noted that representatives of the YM- YWCA and members of the Aquatic Centre Commission are scheduled to meet with Council at its next meeting, and that the Aquatic Centre Commission has an agreement in place for expansion of the facility which they want Council to agree on. Mr. Totten advised that Council has approved the acquisition of the land in question, approved the issuance for a call for proposals for architectural services for the design of the expansion and he has a report with respect to a design call and has been holding it until such time as the YM-YWCA and the Aquatic Centre Commission appear before Council. Question being taken, the motion was carried. 14. Romero House Soup Kitchen Inc. Grant For Expansion Of Facilitv On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mrs. Carolyn McNulty, Executive Director of Romero House Soup Kitchen Inc., submitting general statistics outlining the services and number of individuals utilizing Romero House, as well as the growth that has subsequently occurred over the past few years; and explaining why Romero House Soup Kitchen Inc. is seeking the support of the City of Saint John in the form of a grant for the expansion of the facility -- be referred to the City Manager. Question being taken, the motion was carried. 15. Shirlev Morrison Re 165 Alma Street On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Ms. Shirley Morrison submitting various items of correspondence with respect to the property and building at 165 Alma Street, such property being of a size and shape which would preclude the installation of another dwelling thereon and the dwelling 85-502 COMMON COUNCIL OCTOBER 10, 1995 thereon being such that repairs or renovations would be cost prohibitive; and asking the City's favourable consideration of taking possession of this property for at least $7,500 -- be referred to the City Manager. Councillor Vincent suggested that if the building was demolished, the adjacent property owners could be approached regarding possible purchase of the vacant land. Question being taken, the motion was carried. 16. Westmorland Home Centre - Financial Assistance For Proposed Playground Latimore Lake Mobile Home Park On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from the Westmorland Home Centre submitting the proposed layout, cost estimates and letter of support from a resident for a playground in the Latimore Lake Mobile Home Park; and requesting 50 per cent financial assistance from the City from the Land Subdivision Fund -- be referred to the City Manager. Question being taken, the motion was carried. 17. The Children's Wish Foundation Of Canada New Brunswick Chapter - 1995 Wish maker Parade On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Children's Wish Foundation of Canada, New Brunswick Chapter, inviting Council to attend the 1995 Wishmaker Parade on October 14, which is one of the largest fundraisers to be held in the Maritimes -- be received and filed. Question being taken, the motion was carried. 18. E. Ann Mowatt - Proposed Aquatic Centre Expansion On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Ms. E. Ann Mowatt expressing concern about the City of Saint John's subsidy to the Canada Games Aquatic Centre and the proposed Aquatic Centre expansion; and suggesting that an expansion of the Aquatic Centre not only duplicates existing services available within the uptown area of the City, but also threatens the membership base and fitness revenues of the Saint John YMCA-YWCA -- be received and filed. Question being taken, the motion was carried. 19. Mind Care New Brunswick Support Re Skate-To-Care '96 On motion of Councillor Vincent Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mind Care New Brunswick requesting permission to use the Lily Lake area, Interpretation Centre and Lily Lake Pavilion on February 2 and 3, 1996 for the Skate- To-Care '96 event, as well as (1) preparation of the ice surface; (2) plowing the Lake and campground areas, entrance and exit roads; (3) cooperation with transportation and parking strategies; (4) sleigh rides on February 3, weather permitting; (5) waiver of the 85-503 COMMON COUNCIL OCTOBER 10, 1995 Pavilion and Interpretation Centre rental fees; and (6) site preparation, operation and dismantling -- be received and filed and the request granted. Question being taken, the motion was carried. 20. (a) Beverly Grew; (b) Douglas Avenue Neighbourhood Association; (c) Home Owners On Clarendon Street; (d) David N. Stevens Non-ConforminQ Use 34-38 DouQlas Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters from (a) Beverly Grew; (b) Douglas Avenue Neighbourhood Association; (c) Home Owners On Clarendon Street; and (d) David N. Stevens, regarding the non-conforming use of the property at 34-38 Douglas Avenue, the latter requesting to address Council in this regard -- be referred to the City Manager. Question being taken, the motion was carried. Mayor McAlary noted that the Cities of New Brunswick Association will be meeting in Saint John the weekend of October 13th and encouraged all members of Council to attend. Adjournment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk