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1996-09-23_Minutes 86-79 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. 86-80 COMMON COUNCIL 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. 86-81 COMMON COUNCIL SEPTEMBER 23, 1996 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 86-82 COMMON COUNCIL SEPTEMBER 23, 1996 Village should Renforth request it. 86-83 COMMON COUNCIL SEPTEMBER 23, 1996 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 ) 86-84 COMMON COUNCIL SEPTEMBER 23, 1996 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. 86-85 COMMON COUNCIL SEPTEMBER 23, 1996 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 86-86 COMMON COUNCIL SEPTEMBER 23, 1996 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 86-87 COMMON COUNCIL SEPTEMBER 23, 1996 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