1996-09-23_Minutes
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COMMON COUNCIL
SEPTEMBER 23, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-third day of September, A.D. 1996, at 7:00 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; 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; B. Morrison, Director of Parks; J. Baird,
Manager of Community Planning; W. Edwards, Building
Inspector; G. Tait, Fire Chief; B. Thompson, 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 Michael Trites
of Edith Avenue Baptist Church offered the opening prayer.
(Councillor Vincent withdrew from the meeting.)
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 16, 1996, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
(Councillor Vincent re-entered the meeting.)
Mayor McAlary noted the City's success in the national Communities in
Bloom contest, having won two awards for floral displays and heritage conservation;
and expressed appreciation to City gardeners John Given, Christopher Gaudet, Peter
Kierstead, Mark Kincade, James Marr, Shane VanWart and Ron Dempster, as well as
to Local 18 for its efforts in making working hours more flexible to accommodate the
City, and to City corporations which have expressed support for the City's gardening
efforts. The Mayor and Mr. Morrison displayed the awards, and the Mayor commended
City Heritage Planner J. Bezanson and the Preservation Review Board for their efforts
in blending the City's heritage with the floral designs and gardening.
Mayor McAlary proclaimed September 30 as AIDS Awareness Week and
September 29 as AIDS Awareness Day in the City of Saint John; and welcomed to the
meeting Ms. Francine Quinn, a teacher at St. Malachy's High School, who addressed
Council on the fund-raising project being undertaken on September 27 by the Home
Economics Association for Saint John's School Milk Program.
Councillor Knibb extended an invitation, on behalf of the New Brunswick
Historical Society, to attend a celebration on September 28 at the Loyalist House to
view the exterior renovations.
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SEPTEMBER 23, 1996
4. Task Force On Immigrant And
Refugee Renewal - Creation
Of Audio-visual Presentation
Consideration was given to a letter from Councillor Ball, Chairman of the
Task Force on Immigrant and Refugee Renewal, advising that a primary consideration
of the Task Force was the need for creating an audio-visual presentation showing the
quality of life in Saint John directed toward attracting business immigrants and
international business ventures to the City; submitting a copy of a recent media article
on immigration; and recommending that the Common Council of the City of Saint John,
in cooperation with Enterprise Saint John Inc. and the Task Force on Immigrant and
Refugee Renewal, create an audio-visual presentation reflecting the quality of life in
Saint John to attract business immigration and international business opportunities to
the City.
The Mayor asked that, as the Residential Tax Base Task Force has
undertaken to have a video and printed material prepared on the quality of life in Saint
John for use by real estate agents and others in showing what the City has to offer, the
motion in the above regard include the Residential Tax Base Task Force of which
Councillor Ball is a member.
On motion of Councillor Ball
Seconded by Councillor Knibb
RESOLVED that the Common Council of
the City of Saint John, in cooperation with Enterprise Saint John Inc., the Task Force on
Immigrant and Refugee Renewal and the Residential Tax Base Task Force, create an
audio-visual presentation reflecting the quality of life in Saint John to attract business
immigration and international business opportunities to the City.
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager to allow time to coordinate the effort with the Residential
Tax Base Task Force, the Task Force on Immigrant and Refugee Renewal, Enterprise
Saint John and the Tourism and Communications Department, and also referred to the
budget process.
Councillor Trites, in proposing the above motion, suggested that referral
to the City Manager of the above matter in a positive vein might result in a video with
three or four meanings that would service the particular message the City wants to
send.
Question being taken, the referral motion was carried.
5. Provincial Policies For Development
On Flood Plains And Coastal Lands
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager submitting a copy of the proposed Provincial policies and a copy of the
proposed Provincial planning guidelines for development on flood plains, as well as a
copy of the draft policy for a Provincial land use policy for coastal lands, in response to
the 1993 recommendations of the Commission on Land Use and the Rural
Environment (CLURE); and explaining the nature and extent of these proposed policies
and the nature of the discussion and input which has been given at the staff level -- be
received and filed and discussions with Provincial officials continue on the basis of this
report.
Question being taken, the motion was carried.
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6. Agreement With Village Of
Renforth For Watermain Extension
Consideration was given to a report from the City Manager submitting a
copy of a letter from the City Solicitor with a copy of the water agreement between the
Village of Renforth and the City of Saint John for the extension of a 12-inch watermain
to supply potable water to the Village of Renforth based on terms and conditions
approved by Common Council resolution of July 15, 1996, which has been executed by
the Mayor and Clerk of the Village of Renforth; and recommending that the Mayor and
Common Clerk be authorized to execute this agreement. Submitted also was a copy of
Schedule 'A' as referenced in the City Solicitor's letter, being a copy of a letter from
Environment Minister Vaughn Blaney to Mayor McAlary informing her that the Province
is prepared to cost share 50% of the revised $1.5 million total cost of the water line
extension to Renforth in 1996-97 and 1997-98.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the Mayor and Common Clerk be authorized to execute the submitted
agreement with the Village of Renforth for the extension of a 12-inch watermain to
supply potable water to the Village of Renforth.
Councillor Waldschutz commented on the basis of his concern that the
agreement with Renforth was not particularly a sound deal for the City of Saint John as
the City would not receive any financial gain from it until the year 2006, unless there is
vast expansion which, in his opinion, is not probable; and put forth the view that, rather
than approve an expenditure of funds on infrastructure within the City of Saint John so
that another authority gains an increase in revenue, the City has a valuable resource in
its water and should not squander it but should strike a much harder bargain in selling it
to a community which is in competition with the City for taxpayers and businesses, and
also that, if the City were to get greater revenue from the project, it would enable the
City to expand its water services within the community. Councillor Waldschutz
questioned the increased cost to the project by the use of a larger-capacity pipe in the
eventuality of servicing the rest of the area, and also if, should it be the intent to provide
water for the whole Kennebecasis Valley area, research has been done to determine if
the water should be piped from Rothesay Avenue or across from Loch Lomond Lakes
by the Airport.
On motion of Councillor Waldschutz
Seconded by Councillor Gould
RESOLVED that the above matter be laid
on the table pending further clarification of the issues raised by Councillor Waldschutz.
Question being taken, the tabling motion was lost with the Mayor and
Councillors Ball, Brown, Chase, Fitzpatrick, Knibb, Trites and Vincent voting "nay".
During discussion Mr. Totten advised that the recommendation before
Council was brought forth based on a number of issues, including the occurrence of a
$1.6 million project in the City to which the City's contribution of $359,000 would be
returned to it over the 10 years, the importance of responding to past requests for this
expansion from Brookville and Torryburn when the economics of the project make it
feasible, the expectation of a new metered By-Law rate customer at the end of 10
years, the installation of water services in an area of the community where there is
some potential for development, and the issue in terms of helping an adjacent
community; and Mr. Robichaud commented on the benefits to the City by the use of the
12-inch line, including the servicing of 63 City residents and supply of fire flows at a
cost of approximately $250,000, as well as the repaving of Rothesay Road from the
point of connection to the existing system to the Village boundaries; and advised that it
would not be the intent for this line to become a major trunk line should services be
extended in the future, but rather be a distribution line to supply domestic water to the
Village of Renforth as there would be extra capacity to service the remainder of the
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Village should Renforth request it.
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Question being taken, the original motion was carried with Councillor
Waldschutz voting "nay".
7. Tender For Contract 96-20
License Agreements With
Canadian National Railwav
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, (1) contract 96-20, Rothesay Road/Park Drive watermain, be awarded to
the low tenderer, Fairville Construction Ltd. at the tendered price of $1,313,990, as
calculated based upon estimated quantities; (2) the City of Saint John enter into license
agreements with Canadian National Railway for the underground track crossing at Mile
81.38 - Sussex Subdivision, for the bridge crossing at Mile 82.1 - Sussex Subdivision,
and for the underground crossing at Mile 82.90 - Sussex Subdivision; and (3) the Mayor
and Common Clerk be authorized to execute the necessary contract documents and all
such documentation required to execute the license agreements.
Question being taken, the motion was carried.
8. Establishment ChanQes
Read a report from the City Manager recommending a number of further
changes to the 1996 Establishment of permanent positions - the deletion of a vacant
position, one reclassification and an addition (transitional), to reflect the ongoing
evolution of the City's workforce; and advising that the proposed changes have been
developed in conjunction with the department heads concerned and have also been
discussed with the Union representing the City's inside workers, Local 486, which
concurs with the addition of the GIS position and the change from Survey to Traffic but
is concerned about the loss of bargaining unit jobs generally.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, (1) the position of Forester (Clerical/Technical, Group 9) be eliminated
from the Establishment; (2) a position of Instrumentman II (Clerical/Technical, Group 4)
be eliminated from and one of Traffic Services Assistant (Clerical/Technical, Group 4)
be added to the Establishment at the classification shown; and (3) the position of GIS
Support Coordinator (Clerical/Technical, Group 6) be added to the Establishment at the
classification shown.
Question being taken, the motion was carried.
9. Sale Of Property Crown Street
Consideration was given to a report from the City Manager advising of
the request of Universal Sales Ltd. (Downey Ford), which leases property on Crown
Street shown as Parcels F and G on the submitted map, that the City appraise both
Parcels as part of the lease renewal process for Parcel G and, subject to the outcome
of the appraisals, to purchase Parcels F and G instead of renewing the lease; and
submitting a recommendation with respect to the sale of Parcels F and G.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Council approve the sale of the City's interest in Parcel F (NBGIC
Number 18242) and Parcel G (NBGIC Number 18267) on Crown Street to Universal
Sales Ltd. for the sum of $106,200 (plus GST if applicable) and the proceeds of the
sale be shared in accordance with Clause 7(a) of the November 28, 1968 North End
Urban Renewal Agreement, and the Mayor and Common Clerk be authorized to
execute all such documentation required to complete this sale. (Rescinded October 28,
1996 Bk. 86 Pg. 130 )
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Question being taken, the motion was carried.
10. Market By-Law Amendment
Re October 6 OpeninQ
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the report from the City
Manager advising that staff has received a letter from the City Market Tenants
Association requesting that the City Market be opened on Sunday, October 6 for the
visit to the City of two cruise ships, and those tenants who wish to remain closed may
do so by providing their own security; and recommending that Council give first and
second readings to the proposed amendments to the City Market By-Law as stated --
be received and filed:
AND FURTHER that the by-law to amend the City Market By-Law, with
regard to the October 6, 1996 opening, be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law to amend the City Market By-Law.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law to amend the
City Market By-Law, with regard to the October 6, 1996 opening, be read a second
time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the City Market By-Law.
11. Parking Meter By-Law Amendment
Re Definition Of ParkinQ Zone
Consideration was given to a report from the City Solicitor referring to the
proposed Parking Meter By-Law amendment which would result in the new Canterbury
Street Parking Garage being approved as a parking zone, to which Council gave first
and second readings on September 16; and submitting a proposed amendment to the
Parking Meter By-Law amendment which would repeal the By-Law definition for a
parking zone and substitute it with the definition from the Municipalities Act and which
should be enacted before enactment of the amendment approving the Canterbury
Street Parking Garage as a parking zone.
The Mayor asked Council's consideration at this time of first and second
readings of a Parking Meter By-Law amendment to include a parking garage in a
parking zone, rather than third reading of a proposed Parking Meter By-Law
amendment as indicated on the Council agenda of this date and, upon first and second
readings having been given, third reading of the above-proposed amendment, as well
as that for which Council gave first and second readings at the last Council meeting,
would be placed on the agenda of the next Council meeting for consideration.
On motion of Councillor Trites
Seconded by Councillor Waldschutz
RESOLVED that the by-law to amend
the Parking Meter By-Law, with regard to the definition of a parking zone, 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.
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COMMON COUNCIL
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On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the by-law to amend the
Parking Meter By-Law, with regard to the definition of a parking zone, be read a second
time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the Parking Meter By-Law.
(Deputy Mayor Chase and Councillor Gould withdrew from the meeting.)
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 September 16, 1996, 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 recommendations, namely:-
1. That as recommended by the Nominating Committee, Shirley Fifield be
appointed to the Aquatic Centre Commission for a term of three years.
2. That as recommended by the Nominating Committee, L. Elizabeth
Chase be re-appointed to the Board of Directors of Imperial Theatre Inc. for a term of
three years.
3. That as recommended by the Nominating Committee, Murray Carpenter
be appointed to the Recreation and Parks Advisory Board for a term of three years,
replacing Ronald Hughes, who has resigned from the Board.
4. That as recommended by the Nominating Committee, Harry Sanipass be
appointed to the Fort LaTour Development Authority for a term to expire December
1996, being the unexpired term of William Eaton, who is no longer a City resident.
5. That Peter Glennie, Joel Levesque, Ronald Drisdelle, Ward Skinner and
Councillor Walter Ball be appointed to the Board of Directors of The Market Square
Corporation for a term of three years.
September 23, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
12.1. Aquatic Centre Commission Appointment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
12.2. Imperial Theatre Inc. Appointment
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On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that section 2 of the
above report be adopted.
Question being taken, the motion was carried.
(Deputy Mayor Chase re-entered the meeting.)
12.3. Recreation And Parks
Advisorv Board Appointment
On motion of Councillor Trites
Seconded by Councillor Waldschutz
RESOLVED that section 3 of the
above report be adopted.
Question being taken, the motion was carried.
12.4. Fort LaTour Development
Authoritv Appointment
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that section 4 of the above
report be adopted.
Question being taken, the motion was carried.
12.5. The Market Square Corporation Appointments
On motion of Councillor Waldschutz
Seconded by Councillor Trites
RESOLVED that section 5 of the above
report be adopted.
Question being taken, the motion was carried.
(Councillor Gould re-entered the meeting.)
13. Environment Committee
Muriel Flood ResiQnation
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that the letter from the
Environment Committee submitting a letter of resignation from Muriel Flood -- be
received and referred to the Nominating Committee and Mrs. Flood be thanked for her
service to the City of Saint John.
Question being taken, the motion was carried.
14. Uptown Saint John Inc. - Support
For October 6 City Market OpeninQ
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COMMON COUNCIL
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On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Uptown
Saint John Inc. expressing support to the request of the City Market Tenants
Association for the City Market to be open on October 6 as the cruise ships, the Queen
Elizabeth II and the Royal Princess, will be visiting the City on that date -- be received
and filed.
Question being taken, the motion was carried.
15. Saint John High School Cheerleaders
Request For Financial Assistance
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Saint John High School Cheerleaders requesting financial support to help send
Jennifer Rigby and her chaperone to Hawaii to compete for college scholarships and
represent Saint John while performing -- be received and filed.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that this meeting be
adjourned and Council meet in Committee of the Whole.
Question being taken, the motion was carried.
Common Clerk