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1996-01-22_Minutes 85-658 COMMON COUNCIL JANUARY 22,1996 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 January, A.D. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; W. Edwards, Building Inspector; G. Tait, Fire Chief; B. Thompson, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Roger Graham of Forest Hills United Baptist Church offered the opening 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 January 15, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary proclaimed January 21 to 27, 1996 as V.O.N. Week in the City of Saint and, at the Mayor's invitation, Mrs. Anita LeBlanc of the Victorian Order of Nurses addressed Council regarding the home-care services provided by the organization and the activities scheduled for V.O.N. Week. The Mayor declared January 20 to 27 as the Royal Bank Canadian Hockey Week in the City of Saint John to salute minor hockey; noted the 9th Annual Moosehead Skate-To-Care fund-raising event to be held at Lily Lake on February 3; and declared February 14 as Milk Day in the City of Saint John for the love of all children and in recognition of the number of children who go to school hungry each day, with a milk fund drive to be sponsored by the Saint John Home Economics Association to provide milk to 800 children in kindergarten to grade 3. Mayor McAlary advised that she has been informed by Camp Gagetown that the 175 members of the Canadian Armed Forces going to Bosnia on February 1, 1996, will be naming their barracks after the City of Saint John. The Mayor accepted, with appreciation, a gift from Mayor Antonio Cambraia of Fortaleza, Ceara, Brazil, presented to her by Councillor Ball who recently returned from a trip to Brazil. Councillor Trites expressed concern, having read press reports last week, about the decision of the Fundy Region Solid Waste Commission to embark on a landfill site development without going to a public proposal call, recognizing that much new technology has been put in place since the 1992 proposal call; and suggested that, as the City of Saint John is responsible for about 70% of the total cost of construction and operation of the landfill site, it is incumbent on Council to ask for 85-659 COMMON COUNCIL JANUARY 22, 1996 pertinent information from the City Manager and the City Solicitor as to the correctness of going ahead with a 1992 proposal without giving others an opportunity to input into the proposal and do costing on it, as well as on whether or not it is within Council's mandate to question the Commission's decision. Councillor Trites advised that he would like answers to his concerns prior to suggesting that Council communicate with the Province which is also sharing the cost of the landfill and, when asked if he was proposing a motion, clarified that he has asked for the City Manager and the City Solicitor to report to Council as to what direction Council might take with regard to the Commission's decision and he would abide by the City Solicitor's recommendation as to the need for a motion. The Mayor suggested that Council could either make a motion or put the item on the agenda. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the above item be added to next week's Council agenda with a report from staff. During discussion Mayor McAlary, Chairman of the Fundy Region Solid Waste Commission, apprised Council of the Commission's consideration of four options in reaching its decision. Question being taken, the motion was carried. Mayor McAlary, referring to a letter from Victoria Cobham (copies of which were distributed to Council members at this meeting), advised of a community meeting to be held on January 23 at the Carleton Community Centre regarding the planned move of adolescent sexual offenders into Guilford House on Guilford Street West. 4. Residential Tax Base Consideration was given to a letter from Mayor McAlary proposing that a committee be set up to exchange ideas on how to increase the City's residential tax base. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that a Mayor's committee be appointed to promote, in whatever way possible, residential development in the City of Saint John. Question being taken, the motion was carried. (Councillor Arthurs withdrew from the meeting due to a possible conflict of interest.) 5. Amendment To July 31, 1995 Resolution Sale Of Land 600 Fairville Boulevard (Formerlv 450 Ravnes Avenue) Consideration was given to a report from the City Manager referring to Common Council resolution of July 31,1995 approving the sale of land on the west side of Raynes Avenue to M. Wayne Moore Building Contractors Inc. for a quoted price of $40,000 ($.82 square foot); advising that, in the process of preparing a plan for the closure of this portion of Raynes Avenue, it was determined that the area available for closure and sale is 38,374 square feet and the design of the project has been modified based on the smaller lot area and construction of the proposed pizza and sandwich restaurants will proceed, M. Wayne Moore Building Contractors Inc. having agreed on a price of $31,466 at the $.82 per square foot price previously accepted by Council; and recommending an amendment to the July 31, 1995 Council resolution in this regard. 85-660 COMMON COUNCIL JANUARY 22,1996 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council resolution of July 31, 1995 be amended by: (a) deleting the reference to the sale of 49,000 square feet for the quoted price of $40,000; (b) authorizing the sale of an approximately 38,374:t square foot parcel of land on the west side of Fairville Boulevard to M. Wayne Moore Building Contractors Inc. for the quoted price of $.82 per square foot, plus GST; and (c) all other terms contained in the July 31, 1995 resolution to remain unchanged. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting, and Councillor Ball withdrew from the meeting, not having been present for the January 15 public hearing for the re- zoning of 90-92 Lansdowne Avenue.) 6. Zoning By-Law Amendment 90-92 Lansdowne Avenue On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- Law Number C.P. 100-392 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 90-92 Lansdowne Avenue (NBGIC Number 371112), from "R-4" Four-Family Residential to "B-2" General Business 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. 100-392 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. (Councillor Ball re-entered the meeting.) 7. Water And SeweraQe Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", with regard to receipts for income tax purposes and statements for property transaction purposes, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", was read in its entirety. Question being taken, the motion was carried. 8. 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 85-661 COMMON COUNCIL JANUARY 22, 1996 The Committee of the Whole reports Your Committee reports that it sat on January 15, 1996, when there were present Mayor McAlary and Councillors Arthurs, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by The Power Commission of the City of Saint John, the submitted agreement negotiated between the Power Commission and the New Brunswick Power Corporation for the supply by NB Power of power and energy to the City of Saint John be approved and the Mayor and Common Clerk be authorized to execute the agreement. 2. That as recommended by the City Manager, Council approve the application of the Frank A. Rodgers, City Solicitor, to retire on April 19, 1996 under the Early Retirement Program. January 22, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 8.1. AQreement With NB Power On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 8.2. Earlv Retirement - City Solicitor On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 9. Saint John Board of Police Commissioners - Taxi Bv-Law On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Board of Police Commissioners advising that it is the position of the Board that taxi appeals be heard by the Commission rather than by Council -- be referred to the City Solicitor to check against the Taxi By-Law. Question being taken, the motion was carried. 10. Wieslaw Wojcik - Barricade At End Of McGuire/Stevens Road On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mr. Wieslaw Wojcik asking that the City immediately remove the current blockade at the newly- 85-662 COMMON COUNCIL JANUARY 22,1996 reconstructed end of the McGuire/Stevens Roads as it restricts access to emergency vehicles and blocks his right-of-way, and to install, for safety, an appropriate guard rail on the border of Mr. Barton's property -- be received and filed. Question being taken, the motion was carried. 11. Residents Of Francis/Allison Streets Water Run-Off/Ice Build-Up Problem On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the petition from residents of Francis and Allison Streets advising of a problem with water run-off and ice build-up in the area in that, with the constant thawing and freezing, large ruts appear and water pipes in the area break; and asking for action in this regard -- be referred to the City Manager. Question being taken, the motion was carried. 12. CUPW - Fundy Local Canada Post Mandate Review On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Bruce Thorne, President of CUPW - Fundy Local, submitting information on the upcoming Canada Post Mandate Review on the basis that the implications this Review may have on postal service should be of particular worry to all citizens and especially to those in rural areas -- be referred to the City Manager. Question being taken, the motion was carried. 13. Janet Brockway - Application To Re-Zone 381 Churchland Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Ms. Janet Brockway for the re-zoning of 381 Churchland Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, February 26, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. William H. Watts Police Code Of Conduct On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. William H. Watts responding to a question asked during his January 2, 1996 presentation to Council, on behalf of the Multicultural Association of Saint John, respecting a code of conduct for police officers -- be received and filed and a copy be forwarded to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. 85-663 COMMON COUNCIL JANUARY 22, 1996 15. HodQes Hamm - DeclininQ Growth In Saint John On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Hodges Hamm, Associate Broker/Manager of Realty World, volunteering to serve on any committee which Council may wish to implement in order to combat the problem of declining growth in Saint John -- be received and filed and Mr. Hamm be advised that his correspondence has been forwarded to the Mayor for consideration when establishing the Mayor's committee on the residential tax base. Question being taken, the motion was carried. 16. Saint John School Of Nursing Community Health Centre - St. Joseph's Hospital Support For Women's Conference On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Mary Ann Ketchum and Judy Glennie, Co-Chair for the Saint John School of Nursing and the Community Health Centre, St. Joseph's Hospital, respectively, of a Women's Conference to be held in Saint John on March 23, 1996; and asking for support in this regard -- be referred to the City Manager to determine an appropriate level of participation. Question being taken, the motion was carried. 17. N.B. Chapter United Nations Association Nominee Re International Women's Dav On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the N.B. Chapter of the United Nations Association in Canada inviting Council to submit its nomination for International Women's Day on March 8 -- be referred to the Nominating Committee. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk