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1996-10-21_Minutes 86-116 COMMON COUNCIL OCTOBER 21, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of October, 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; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; D. Logan, Purchasing Agent; 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 Douglas Kinsman, a retired Baptist Minister currently working in social action matters out of the Lancaster Baptist 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 Tuesday, October 15, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks At the Mayor's invitation, Mr. David Huestis addressed Council regarding the activities scheduled for the Atlantic Health Sciences Corporation's 2nd Annual Health Promotion Wellness Week to be held October 28 - November 1, 1996. The Mayor recognized the presence at the meeting of Mmes. Molly Wells, Volunteer Coordinator, and Jean Macaulay, Co-Coordinator of the Senior Resource Centre located at Brunswick Square who, in turn, addressed Council in appreciation of Council's initial interest and assistance in organizing the seniors and the Centre, and about the services provided by the Centre in its work of seniors helping seniors. 4. Brief To Standing Committee On Transport Re Bill C-44, Canada Marine Policv On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mayor McAlary submitting a copy of the City's brief to be presented to the Standing Committee on Transport on Bill C-44, Canada Marine Act -- be received and Council endorse the brief for presentation. Mayor McAlary noted that she will present the above brief on October 24 in Ottawa. Question being taken, the motion was carried. 86-117 COMMON COUNCIL OCTOBER 21, 1996 5. Tender For HiQhwav Salt On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Akzo Nobel Salt Ltd., in the amount of $33.25 per tonne for salt and $4.87 per tonne for trucking, be accepted for the supply of highway salt to the City of Saint John for the winter period 1996/97. Question being taken, the motion was carried. 6. Tender For Roof Replace- ment - Lilv Lake Pavilion On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the tender of Atlantic Roofers Ltd., in the amount of $34,843.48 (all taxes included) along with the quoted costs for any additional, hidden work which may be required and as identified in the submitted report from the City Manager dated October 17, 1996, be accepted for the replacement of the roof of the Lily Lake Pavilion. Question being taken, the motion was carried. 7. Rockwood Park Golf Course ParkinQ Lot Improvements Consideration was given to a report from the City Manager advising that, as staff and the operator of the Rockwood Park Golf Course are in agreement that repairs to the parking lot are warranted, a design was completed for the improvements and tenders were called with one bid received in the amount of $41,000, which staff felt was excessive and requested that the Works Department provide an estimate for undertaking the improvements which indicated that the work can be completed for approximately $30,000; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, parking lot improvements at the Rockwood Park Golf Course be added to the 1996 Community Services Department capital program at an estimated cost of $30,000. Councillor Brown expressed concern about the time and cost involved for a company to tender on the above project only to have the City decide not to proceed by tender but rather have the work undertaken by City workers at a cost determined after the tender call; and suggested that, if it is a matter of the City competing with the private sector, benefits paid the City employees concerned, the materials and equipment to do the job, the building space and operational costs of the space taken up by staff and equipment, and back-up support within City Hall must be factored into the cost. Mr. Totten confirmed Councillor Gould's observation that funds for the above project would come from funds allocated for improvements to the Reversing Falls and Fallsview Park, and advised the nature of the improvements involved in the above project; and, in response to Councillor Gould's concern that other asphalt projects might be delayed or not done this year in order to carry out the above project, Mr. Totten advised that it would not be the intent to take away from any other major street work. Question being taken, the motion was carried with Councillors Brown and Gould voting "nay". The Mayor called for a motion to add to the agenda of this meeting a letter from the Fundy Region Solid Waste Commission (copies of which were 86-118 COMMON COUNCIL OCTOBER 21, 1996 distributed to Council members at this meeting). * Added Item On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above- mentioned letter from the Fundy Region Solid Waste Commission, dated October 18, 1996, be added to the agenda of this meeting as item 9A. Question being taken, the motion was carried. The Mayor asked Council's consideration at this time of items 8, 9, 9A and 15. 8. Sanitary Landfill At Crane Mountain Consideration was given to a report from the City Manager referring to his report on the agenda of this meeting under item 9 with respect to certain financial issues related to a sanitary landfill at Crane Mountain; submitting a copy of a press release dated September 11 from the Department of the Environment, together with the thirteen Environmental Impact Analysis approval conditions to remind Council of the EIA conditions imposed by the Provincial Government; and commenting on the process currently underway by the Technical Review Committee which will result in a recommendation to the Fundy Region Solid Waste Commission, and on the components of the waste stream. 9. Fundy Region Solid Waste Commission's Notice To Vote To Borrow Monev Consideration was also given to a report from the City Manager referring to the letter from the Fundy Region Solid Waste Commission to Council at its September 30 meeting giving notice that it will be seeking approval from the Municipal Capital Borrowing Board (MCBB) to borrow $11,377,500 on a long-term basis and $5,750,000 on a short-term basis; and explaining the City's position vis-a-vis the Clean Environment Act and the sections of the Act which give the City of Saint John, or at least the City's representative, significant influence over how the Commission will proceed in spending capital money and to what level, although, once the capital budget and the related borrowing is approved, the City's weighted voting position is lost. The report suggests that, while a decision is not required by Common Council as to the Commission's intention to seek borrowing money from the Board, Council will no doubt want to provide direction to its representative on the Commission, Her Worship Mayor Shirley McAlary, and also that an important position for the City's representative to take to the October 24 meeting would be that the Commission should have proper procedures in place to ensure that no funds are expended until the capital budget is approved as this would give Council an opportunity for input on the critical issues as to how the project is to proceed and at what cost because article 15.7 of the Clean Environment Act requires a 30-day written notice before any vote can be taken on the capital budget, and to be clear on this point, the City's representative could support the request to seek short- and long-term borrowing on the clear understanding that no funds will be expended on capital until a capital budget is approved. *9A. Fundy Region Solid Waste Commission Re Intent To Seek Approval To Spend As Stated In Clean Environment Act Consideration was also given to a letter from the Fundy Region Solid Waste Commission, dated October 18, 1996, referring to its correspondence to Council on September 30 which indicated that the authorization to seek borrowing must comply with the 2/3 - 2/3 voting requirements in the legislation governing the operation of solid waste commissions, as well as the Commission's intent to seek a 2/3 - 2/3 vote on all capital expenditures which would draw on its approved borrowing from the MCBB; and citing a resolution in this regard on which members of the Commission will be asked to vote at the October 24 meeting. 86-119 COMMON COUNCIL OCTOBER 21, 1996 15. Fundy Region Solid Waste Commission October 24 Vote To Seek BorrowinQ Consideration was also given to a letter from the Fundy Region Solid Waste Commission, dated October 7, 1996, noting that the upcoming vote of the Commission on October 24 is not a vote to approve spending but is a vote to grant approval to seek borrowing from the Municipal Capital Borrowing Board, and also that any capital expenditure by the Commission still requires a vote of approval by the Commission whereby at least two-thirds of the members of the Commission present, who represent at least two-thirds of the total population represented by all the members present, vote in favour; and advising that, should the Commission receive approval to seek borrowing, it will proceed with the required advertising and appear before the Board for a public hearing at the earliest possible date and, if granted authority to borrow, will be able to hold a vote on expenditures for the purchase of the Crane Mountain site as well as payment for detailed designs before Christmas, which will be necessary if the Commission plans to start construction as early as possible in the spring of 1997. Mr. Totten suggested that, in considering the City Manager's reports under 8 and 9, the primary focus should be item 9, while item 8 is to remind Council of the various conditions that are placed on the Commission and what must be in place as it works towards its capital budget and is simply for information purposes. 8. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report from the City Manager regarding a sanitary landfill at Crane Mountain be received and filed. Question being taken, the motion was carried. 9. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the City's representative support the borrowing resolutions proposed by the Fundy Region Solid Waste Commission on the understanding that no funds will be expended until the annual capital budget is approved. Mr. Wilson explained the rationale and the recommendation as set out in item 9 and, with regard to the resolution set out in item 9A, expressed the opinion that this resolution, which the Commission intends to vote on prior to the Commission's application for borrowing money, would give the City much more control that what he believes the legislation would require. In response to Councillor Fitzpatrick, Mr. Wilson suggested that Tables 10.1 and 10.2 submitted to Council by the Commission at Council's September 30 meeting and resubmitted with the City Manager's report under item 9 on the agenda of this meeting should not be perceived as a budget and that the City's representative's vote for the borrowing should in no way be construed as support for the budget or accepting those tables as being the budget, and also that the legislation is very clear as to the Commission having to come to Council to request to borrow money which the Commission has done, as well as for approval of the budget which it has not done as yet. Councillor Vincent expressed concern about rushing with this matter and asked why Council should give approval to the Commission to seek funding for land it does not yet have and for which an expropriation process would be required to obtain, and when there is no proposal nor design for the project. Councillor Gould suggested that the resolution set out in the Commission's letter dated October 18 should have been passed by the Commission prior to Council being asked to pass the recommendation in item 9 in that the Commission may not pass the motion, and suggested that Council should move slowly in this regard. 86-120 COMMON COUNCIL OCTOBER 21, 1996 Moved in amendment by Councillor Trites Seconded by Councillor Knibb RESOLVED that the above motion be amended by adding: "and on the understanding that the resolution contained in the last paragraph on page 1 of the letter from the Fundy Region Solid Waste Commission to the Mayor and Council, dated October 18, will be adopted prior to the vote taking place on the borrowing resolutions". Question being taken, the amendment to the motion was carried with Councillors Gould and Vincent voting "nay". Question being taken, the motion as amended was carried with Councillors Fitzpatrick and Vincent voting "nay". 10. Environment Committee - Boating Activitv In City's Watershed On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the City of Saint John Environment Committee referring to the letter considered by Council on September 16 from Gordon Dalzell respecting power boating activity in the City's watershed; and expressing support of the City's initiative to have its watersheds designated as protected areas and the City's pursuance of this issue with the Minister of the Environment to have some action taken to have the existing legislation reviewed and to ensure that the review considers restricting swimming and the use of motorized watercraft -- be received and filed. Question being taken, the motion was carried. 11. Santa Claus Parade Committee 44th Edition Of Annual Parade On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from the Saint John Santa Claus Parade Committee inviting Council members to participate in the 44th edition of the Saint John Santa Claus Parade on November 16 and asking if Council would award the prizes to the winning entries in the Council Chamber on November 25 -- be received and filed and the invitation be accepted. Question being taken, the motion was carried. 12. Planning Advisory Committee - Disposal Of Land For Public Purposes, 22 St. Coeur Court On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that as recommended by the Planning Advisory Committee, Common Council authorize the sale of the property at 22 St. Coeur Court, which was vested as land for public purposes on December 3, 1987, with the exception of an approximate 6-metre (20-foot) wide strip of land along the western property boundary in order to protect an existing pedestrian walkway. Question being taken, the motion was carried. 86-121 COMMON COUNCIL OCTOBER 21, 1996 13. Solicitor General - Community Safety & Crime Prevention Week CampaiQn On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Solicitor General Jane Barry asking Council to get involved in a major Provincial Community Safety & Crime Prevention Week Campaign scheduled for November 4 - 9 to coincide with National Crime Prevention Council initiatives and the Canada Safety Council's week-long campaign which begins November 1 and to support this important investment in the future -- be received and filed and Council support this Campaign. Question being taken, the motion was carried. 14. New Brunswick Consortium Of Professional Writers - Support For Ned Landrv BioQraphv On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the New Brunswick Consortium of Professional Writers advising that it has taken on the task of publishing and promoting the biography "Ned Landry - Master of the Fiddle" by Sandra L. Gowan; and inviting Council to participate in ensuring the success of this biography by helping the Consortium bring it to fruition -- be received and filed and the group be advised that, while the City will offer promotional support, it will not involve itself in any financial commitment through the purchase of books. Question being taken, the motion was carried. 16. Wendy Goldsworthy - Property Adjacent To 224 Sydney Street On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the letter from Wendy Goldsworthy requesting a variance to the by-law concerning the property at the corner of Sydney and Britain Streets adjacent to her property at 224 Sydney Street as, having recently taken out a mortgage to improve and renovate her family's home, she has received notice that she is forced to put up a fire wall on the side facing the empty lot in question -- be referred to the City Manager. Question being taken, the motion was carried. 17. John M. Wood - Cost Of Acadian Games On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from John M. Wood asking for a reply, including an estimated date of release of a report, to his previous query to Council on the cost to the City of the Acadian Games, further to Common Council resolution of July 15, 1996 referring to the City Manager his letter asking for this information and for Council to openly address this timely and appropriate issue -- be referred to the City Manager. Question being taken, the motion was carried. 86-122 COMMON COUNCIL OCTOBER 21, 1996 18. The Business Resource Centre Re Cruise Ship Visits To City On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Business Resource Centre extending congratulations and appreciation to all City staff who helped make the visit of the Royal Princess and the QE2 the tremendous success it was -- be received and filed with appreciation. Question being taken, the motion was carried. 19. Theatre New Brunswick Request For Grant On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Theatre New Brunswick submitting a copy of its Season Supplement and its budget and financial statements; and requesting financial assistance for the coming year -- be received and filed and TNB be advised that, although the City is unable to offer financial support, Council extends its moral support. Question being taken, the motion was carried with Councillor Ball voting "nay". Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk