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1996-09-16_Minutes 86-70 COMMON COUNCIL SEPTEMBER 16, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of September, A.D. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; M. Chisholm, Acting Manager of Accounting Services; D. Sherwood, Chief of Police; G. Tait, Fire Chief; 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 Doug Woods, Pastor of Silver Falls United Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on September 9, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary noted the declaration of September 20 as Alzheimer Coffee Break Day in support of the Alzheimer Association, and the forthcoming Terry Fox Run for Cancer Research on September 22; and, having commented on her attendance with the City Manager at the opening on September 11 of the new City Hall building in Moncton, called for a motion congratulating Moncton on its new facilities. Moncton's New City Hall On motion of Councillor Gould Seconded by Councillor Vincent RESOLVED that the Common Council of the City of Saint John extend congratulations to the City of Moncton on the opening of its new City Hall complex. Question being taken, the motion was carried. Councillor Arthurs advised that, further to her reference at the August 26 Council meeting to the proposed imposition of user fees at libraries and the taxing of reading materials, she broached this issue at a meeting of the Environment and Social Issues Committee of the Cities of New Brunswick Association, on which she represents Council. Deputy Mayor Chase suggested that, with the recent establishment of a Chapter of Habitat for Humanity in Saint John, Council should consider its surplus property list in an attempt to make available property on which a home could be built as part of this group. 86-71 COMMON COUNCIL SEPTEMBER 16, 1996 4. Effect Of Proposed CBC Cut-Backs On Saint John Consideration was given to a letter from Councillor Ball requesting that, as the Board of Directors of the Canadian Broadcasting Corporation is meeting on September 16 and 17 to decide on cutbacks in the operation of CBC Radio and Television outlets across the country, the Mayor and Council send a letter of strong support to CBC President Perrin Beatty, with copies to Sheila Copps and MP's Elsie Wayne and Paul Zed, resisting any cutbacks diminishing the effectiveness of CBC programming in Saint John. On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that a letter of strong support be forwarded to CBC President Perrin Beatty, with copies to Sheila Copps and MP's Elsie Wayne and Paul Zed, resisting any cutbacks diminishing the effectiveness of CBC programming in Saint John. Question being taken, the motion was carried. 5. Tender For Contract 96-19 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, contract 96-19, Simpson Drive - Todd Street water and sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $289,556.84, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 6. Tender For Plows & WinQ On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, the tender of Wallace Equipment Ltd., in the amount of $40,690 (plus taxes), be accepted for the supply and installation of a plow and wing assembly on a 1989 Dresser loader and a plow only on a 1994 Caterpillar loader. Question being taken, the motion was carried. 7. Reallocation Of Funds Transportation Capital ProQram Consideration was given to a report from the City Manager advising of two projects requiring City funds estimated at $176,000 to be expended during the 1996 construction season and not proposed in the approved 1996 Capital Program for Transportation, as well as of the four projects proposed for cancellation for this year estimated at $86,000 in order to proceed with the new projects; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the reallocation of funds in the 1996 Capital Transportation Program to provide for the reconstruction of a portion of Fairville Boulevard and relocation of a storm sewer on Riverside Lane with the understanding 86-72 COMMON COUNCIL SEPTEMBER 16, 1996 that the total envelope of the 1996 Transportation Capital Program will not be overspent. Question being taken, the motion was carried. 8. Repairs Lord Beaverbrook Rink Read a report from the City Manager submitting a letter to his attention from the Treasurer and a Trustee of the Lord Beaverbrook Rink requesting that, as there is only $9,200 remaining in the Rink's capital budget for this year and it is necessary to remove and rebuild the kick boards at the base of the rink boards and provide some strengthening to the rink boards around the bench and penalty box areas at an estimated cost of $22,900, any amount over the $9,200 be deducted from its 1997 capital budget; advising that, at the City's carpenter shop has indicated that it could carry out the repairs for less cost, the Trustees have decided that the Carpenter Shop should carry out the necessary work; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, the City's Carpenter Shop carry out the necessary repairs at the Lord Beaverbrook Rink as outlined in the City Manager's submitted report dated September 16, 1996, and the Lord Beaverbrook Rink's 1997 capital budget allocation be reduced by any overexpenditure of its 1996 capital budget. In reply to a query on the Carpenter Shop's estimate for the above work, Mr. Totten advised that Council could be advised of the cost upon completion of the project. Question being taken, the motion was carried. 9. License Agreement With Port Of Saint John Western Collector Trunk Sewer Project Consideration was given to a report from the City Manager submitting a recommendation with respect to a proposed license agreement with the Saint John Port Corporation relevant to the construction of a trunk sewer line running through the Port of Saint John from City Line to Market Place, picking up a series of major outfalls currently discharging into the Harbour. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize the entering into of a license agreement, or similar, with the Saint John Port Corporation for the installation of a trunk sewer line over various portions of property owned or controlled by the Saint John Port Corporation, and the annual fee for this license will generally be equal to the sewage charges for the sewage discharged from: (a) the building known as the Canadian Enterprises building; (b) the building known as the Saint John Port Corporation maintenance shed; (c) the two buildings located on the north and south sides of Shed 12; and (d) the building known as Shed 8, containing a total of 29 fixture units, as existing on September 4, 1996; and further that the Mayor and Common Clerk be authorized to execute all such documentation as to be acceptable to the City Solicitor as to form and legality as is necessary to give affect to this recommendation. (Rescinded November 12,1996 Bk. 86 Pg. 145 ) Question being taken, the motion was carried. 10. Sanitary Landfill - Crane Mountain Consideration was given to a report from the City Manager noting the Provincial Cabinet's recent approval of the environmental impact assessment on the Fundy Region Solid Waste Commission's proposal for a sanitary landfill at Crane 86-73 COMMON COUNCIL SEPTEMBER 16, 1996 Mountain, and submitting a copy of the press release and a copy of the 13 terms and conditions attached to the EIA approval. 20. Fundy Region Solid Waste Commission ReQional Landfill - Crane Mountain Consideration was also given to a letter from the Chairman of the Fundy Region Solid Waste Commission submitting for Council's information copies of two reports recently forwarded to the Minister of the Environment supporting the Commission's request and indicating clearly that Crane Mountain is the absolute best option for a landfill for the Fundy Region. 10. & 20. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the report from the City Manager regarding the Provincial Cabinet's recent approval of the environmental impact assessment on the Fundy Region Solid Waste Commission's proposal for a sanitary landfill at Crane Mountain; and the letter from the Chairman of the Fundy Region Solid Waste Commission with respect to Crane Mountain -- be received and filed with appreciation to the Fundy Region Solid Waste Commission, Environment Minister Vaughn Blaney and the Saint John Board of Trade. During discussion Councillor Knibb suggested that the above motion should express appreciation to the Fundy Region Solid Waste Commission, Environment Minister Vaughn Blaney, and the Board of Trade, as well as assure the River Road residents that Council, as a member of the Commission, will do its best to abide by the thirteen terms and conditions imposed by the Environment Minister, and the Mayor called for the question on the motion to receive and file and extend thanks as suggested. Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". The Mayor welcomed to the Council Chamber Mr. Marc Gosselin, owner of the jet boat operation in the City of Saint John, and, having expressed appreciation to Mr. Gosselin and jet boat operator Mr. Andre Faust for their rescue efforts at Saints Rest Beach on September 2, presented Mr. Gosselin with plaques recognizing the service to the City in this regard by both Messrs. Gosselin and Faust. In accepting the plaques, Mr. Gosselin acknowledged the efforts of the members of the Saint John Fire and Police Departments and the jet boat crew in affecting the rescue. The Mayor advised that she has forwarded letters of appreciation to the members of the Saint John Fire and Police Departments, as well as a member of the Grand Bay Police Department, for their involvement in the rescue. 11. Tender For Contact 96-20 12. Agreement With Village Of Renforth - Watermain Extension The Mayor called for a motion to withdraw both items 11 and 12 from the agenda of this meeting. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that items 11 and 12, being reports from the City Manager recommending the award of the tender for contract 96- 20, Rothesay Road/Park Drive watermain, and recommending the execution of an agreement with the Village of Renforth for a watermain extension, respectively, be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 86-74 COMMON COUNCIL SEPTEMBER 16, 1996 The Mayor advised that the reason for the request to withdraw the above agenda items was that the Village of Renforth was not yet ready to come forward with the agreement. 13. Proposed Bill C-302. Oath Of AlleQiance Consideration was given to a report from the City Solicitor advising that, further to Council's request at its September 16 meeting for further information with regard to M.P. Brenda Chamberlain's proposed Bill C-302 which would establish an Oath of Allegiance to the Flag of Canada, a person who is a Canadian citizen by virtue of birth is not required to take such an oath, while a person who wishes to become a Canadian citizen is required under the Citizenship Act to take an oath of citizenship swearing (or affirming) to be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, according to law and to faithfully observe the laws of Canada and fulfil the duties as a Canadian citizen; and submitting a copy of the proposed Bill C-302, as well as a copy of a memorandum from Mr. Ralph Meechan, Ms. Chamberlain's assistant, which advises that the Bill is not intended to replace the oath of citizenship. 18. Elsie E. Wayne, M.P. Bill C-302. Oath Of AlleQiance Consideration was also given to a letter from Mrs. Elsie E. Wayne, M.P., submitting a copy of Private Member's Bill C-302 and a copy of her letter to, and the response from, the Minister of Citizenship and Immigration, expressing her disagreement with this Bill; and urging the City of Saint John to take a leadership role to strongly oppose any notion that would remove the Queen from Canada's Oath of Allegiance. 13. & 18. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the City Solicitor's report and the letter from Mrs. Elsie E. Wayne, M.P., regarding Private Member's Bill C- 302 - An Act to Establish an Oath of Allegiance to the Flag of Canada -- be received and filed. Councillor Knibb, in proposing the above motion, made the observation that Council, by receiving and filing the above correspondence, would be taking no further action nor endorsing the Private Member's Bill. Question being taken, the motion was carried. The Mayor, during discussion in the above regard, welcomed to the meeting Mr. Andre Faust, Captain of the jet boat, to whom she expressed appreciation for his part in the September 2 rescue at Saints Rest Beach, noting her earlier presentation in the meeting to Mr. Gosselin. 14(a) Proposed Subdivision 555 Woodward Avenue (b) Requests To Address Council Re Above 14{a) Consideration was given to a report from the City Solicitor referring to the Planning Advisory Committee's recommendation to Council at its last meeting that Council assent to the proposed subdivision plan for land located at 555 Woodward Avenue, which was referred for a legal opinion on the operation of section 16(6) of the City's Subdivision By-Law in light of the pertinent enabling provisions of the Community Planning Act, in particular Section 42 thereof; and expressing the opinion that subsection 16(6) is not one of the specific provisions permitted by Section 42(3) of the Community Planning Act. On the position taken by those who spoke in opposition to the proposed subdivision plan that the proposed lots were inappropriately narrow, the report advises that the lots satisfy the minimum lot width requirement set out in the 86-75 COMMON COUNCIL SEPTEMBER 16, 1996 Zoning By-Law for the R-1 B (One-Family Residential) zoning classification in which the land is located; therefore, in his opinion, to the extent that S.16(6) of the Subdivision By-Law would operate to require a lot width or depth greater than that stipulated in the Zoning By-Law is invalid or, in other words, if Council were to refuse assent to the proposed subdivision plan on the ground that the proposed lots were not wide enough, Council would be acting as though the minimum lot width stipulated in the Zoning By- Law has been amended while the necessary procedure to affect such an amendment to the Zoning By-Law has not occurred; and expresses the opinion that it would be improper and beyond Council's authority to refuse assent to the proposed subdivision plan on the basis of the width of the proposed lots. 14{b) Consideration was also given to letters from Messrs. Doug Mannette and Michael W. Jones requesting to address Council at this meeting on the above regard. A motion was proposed by Councillor Knibb and seconded by Councillor Fitzpatrick that Common Council accept the City Solicitor's advice in the above regard, and proceed with the motion to adopt the Planning Advisory Committee's recommendation for the subdivision and plan. The Mayor re-iterated her request at the last meeting that the motion include in the Planning Advisory Committee's recommendation, along with its recommendation for Council to request to staff to examine and make a recommendation regarding the construction of a sidewalk on the northwest side of Woodward Avenue between Cedarwood Drive and Ragged Point Road with a crosswalk to the proposed subdivision, the request that staff examine and make a recommendation on the construction of a sidewalk on the other side of the proposed subdivision. Councillor Trites suggested that the motion could request staff to examine and make a recommendation on the construction of sidewalks on both sides of the subdivision; and, in response to the Mayor's observation that one sidewalk would be paid for by the City and one by the developer, Mr. Robichaud advised of staff's discussion in this regard to the effect that it was agreed that the developer, as part of the requirement, would build a sidewalk and the City, in the future, would construct a sidewalk on the other side. In response to the Mayor's concern should the motion not include direction with regard to an additional sidewalk, Mr. Nugent advised that, based on his understanding of Mr. Robichaud's comments, it is at the discretion of the Chief City Engineer whether to require a sidewalk immediately adjacent to the proposed subdivision and, if it is the case that as a result of discussion among staff the decision will be to require that sidewalk to be constructed, that provision would be included in the subdivision agreement with the developer and nothing further would be required by Council to see that this would an imposition imposed upon the developer. The requests to address Council, under item 14(b), were noted and a motion was proposed by Councillor Gould and seconded by Councillor Arthurs that Messrs. Doug Mannette and Michael W. Jones be invited to address Council at this time. As to the procedure for a motion in this regard in view of the motion already on the floor, Mrs. Munford made the observation that, under section 15 of the Council Procedure By-Law, after a motion is made by the Common Council, no person shall address the Common Council unless two-thirds of the total membership of the Common Council rule otherwise. It was suggested that, rather than have two motions on the floor at one time, the initial motion proposed by Councillor Knibb and seconded by Councillor Fitzpatrick should be withdrawn, and the initial motion was withdrawn with the consent of the mover and seconder. 14{b) On motion of Councillor Gould Seconded by Councillor Arthurs RESOLVED that Messrs. Doug Mannette and Michael W. Jones be invited to address Council at this time. Question being taken, the motion was lost with Councillors Brown, Chase, Fitzpatrick, Knibb and Trites voting "nay", a two-thirds affirmative vote of the 86-76 COMMON COUNCIL SEPTEMBER 16, 1996 Council being required to adopt the motion. 14{a) On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Common Council (1) assent to one or more subdivision plans, in one or more phases, for the submitted photo-reduced subdivision plan of 555 Woodward Avenue, with the proposed future street, and any required municipal services and public utility easements; (2) authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; (3) authorize cost-sharing for the extension of municipal services outside the limits of the proposed subdivision; and (4) request staff to examine and make a recommendation regarding the following: (a) the construction of a sidewalk on the northwest side of Woodward Avenue between Cedarwood Drive and Ragged Point Road with a crosswalk to the proposed subdivision (b) the restriction of on-street parking along both sides of Woodward Avenue in the area of the proposed development; (c) the improvement of the existing street intersection of Boars Head Road, Woodward Avenue and Ragged Point Road; and (d) the run-off problems at the intersection of Cedarwood Drive and Woodward Avenue. Question being taken, the motion was carried with Councillor Gould voting "nay". 15. 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 September 9, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That Common Council accept the resignations of Messrs. Henry Meinhardt and J. Harold Stafford from the Board of Directors of The Market Square Corporation and express appreciation to them for their service to the City of Saint John. September 16, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Resignations From The Market Square Corporation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 86-77 COMMON COUNCIL SEPTEMBER 16, 1996 16. Saint John Parking Commission Amendment To ParkinQ Meter Bv-Law On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Parking Commission advising that, with the completion of the Canterbury Street Parking Garage, an amendment to Schedule "B" of the Parking Meter By-Law is required by adding the following words "Canterbury Street Parking Garage" -- be received and filed: AND FURTHER that the by-law to amend the Parking Meter By-Law, with regard to the Canterbury Street Parking Garage, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Parking Meter By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the Parking Meter By-Law, with regard to the Canterbury Street Parking Garage, be read a second time. AND FURTHER that the proposed By-Law amendment be referred to the Legal Department for the necessary action. Question being taken, the motion was carried. Read a second time the by-law to amend the Parking Meter By-Law. 17. Board of Trustees Of City Of Saint John Pension Plan - Actuarial Review On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Board of Trustees of the City of Saint John Pension Plan advising that the Board's actuary has revised his opinion on the position of the City of Saint John Pension Plan as at December 31, 1994 in that, while in his original report, the Pension Plan had an unfunded liability of $2,163,000 as reported in 1995 Audited Financial Statements, the actuary since that time has revised his calculations and the Plan now has an unfunded liability of $668,400 -- be received and filed. Question being taken, the motion was carried. 19. Gordon Dalzell - Boating Activitv In City Watershed On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Gordon Dalzell expressing objection to the practice of power boating activity being permitted in the municipal drinking water supply, namely, Loch Lomond Lakes, and other bodies of water that make up the City's watershed; and submitting documentation in this regard, as well as recommendations both on the short- and long-term regarding this problem, with the request that a full report on this matter to be made public clearly stating the 86-78 COMMON COUNCIL SEPTEMBER 16, 1996 City's position on this matter -- be referred to the City Manager and the Environment Committee. Question being taken, the motion was carried. 21. John MacKenzie - Jet Boat Rescues On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the letter from John MacKenzie referring to the near tragedy at Saints Rest Beach on September 2, and suggesting that Council should come to an agreement with the owner of the jet boat and pay him a set amount each year to keep his service at the ready -- be received and filed. Question being taken, the motion was carried. 22. The Saint John Theatre Co. Inc. Request For Ad Placement In ProQram On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from The Saint John Theatre Co. Inc. requesting that the City, once again as it has for the past two seasons, purchase the back cover of its production program for the entire season at the cost indicated in the submitted information regarding the size of the ad and the deadline for ad copy -- be received and filed and the request be approved at a cost of $1,000 for the back cover ad. Question being taken, the motion was carried. 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