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1997-09-22_Minutes 86-609 COMMON COUNCIL SEPTEMBER 22, 1997 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 September, A.D. 1997, 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; P. Woods, Acting Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; P. Groody, Commissioner of Human Resources; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facilities Management; R. Pollock, Planner; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on September 15, 1997, be approved. Question being taken, the motion was carried. * Added Item The Mayor called for a motion to add to the agenda of this meeting an item from Legal Session of this date. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that a resolution dealt with in Legal Session earlier this date be added to the agenda of this meeting for consideration as item 3A. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary proclaimed September 22, 1997 as Global Day for Freedom from Debt in the City of Saint John further to the 1992 Debt Treaty signed by non-governmental organizations at the Global Forum recognizing that foreign debt was crushing the countries of the Third World resulting in untold suffering for their people; and noted forthcoming fund-raising events, including the AIDS Walk and the Lung Run on September 28. 86-610 COMMON COUNCIL SEPTEMBER 22, 1997 *3A. Agreement Of Settlement With Local 61 Re Stanlev Arbitration Award On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the City pay to C.U.P.E. Local 61, in settlement of the November 1996 Stanley Arbitration Award dealing with vacation and sick pay entitlement, the sum of $375,000, and further that the Mayor and Common Clerk be authorized to execute the Agreement of Settlement in that regard as submitted to Common Council by the City Solicitor under covering letter dated September 19, 1997, with the single change that the amount to be paid to C.U.P.E., Local 61 shall be $375,000. Question being taken, the motion was carried with Councillors Fitzpatrick, Gould and Waldschutz voting "nay". 4. Saint John Police Force Implementation Team Update Consideration was given to a report from the Saint John Police Force Implementation Team updating Council on its activities during the past week. Chief Sherwood presented the above report, and clarified that, as there seemed to be some misinformation in the community about the forthcoming appointment of a District Services Coordinator for the South and West sides of the City, the selection process would not be completed until tomorrow and he would expect a recommendation to him on Wednesday at the earliest. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the Saint John Police Force Implementation Team updating Council on its activities during the past week -- be received and filed. Question being taken, the motion was carried. 5. Re N.B. People First - Request For Payment Of Travel Expenses Consideration was given to a letter from Mayor McAlary submitting correspondence from Mr. David Reid requesting on behalf of N.B. People First funding for attendance at a conference in Halifax in November. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that with regret Council is unable to support the request of N.B. People First for funds for travelling expenses to a conference in Halifax. Question being taken, the motion was carried. 6. Re August 18 Presentation Truck Traffic In Montreal Avenue/Bleurv Street Area On motion of Councillor Arthurs Seconded by Councillor Vincent RESOLVED that the letter from Councillor Arthurs advising that nothing has changed further to the August 18 presentation to Council by a group of concerned citizens of the Montreal Avenue/Bleury Street area about the dangers, including damage to property, as a result of a large Brookville truck, 86-611 COMMON COUNCIL SEPTEMBER 22, 1997 out of control, constant noise and pollution 24 hours a day; and asking Council's support on behalf of the citizens that this issue will be given back to proper staff and assurance of a truck route designated with appropriate signage away from this residential and school neighbourhood before winter and icy road conditions -- be received and accepted by Council. The Mayor commented in terms of the various issues to be addressed in the anticipated report being prepared by the City Manager for Council; and, in terms of interim action that could be taken to at least try to minimize some of the conditions that exist, Mr. Totten advised that he could undertake to come back to Council by the end of October with a report addressing whether or not changes could be made in response to the request in the above letter for immediate action with respect to truck routes and appropriate signage prior to winter; however, on the much more complicated issue of the location of the warehouse and trucks, he could not commit to a report by October with a solution. The motion on the floor was questioned in that Councillor Arthurs' letter asked that truck traffic be taken away from the area in question and the City Manager could make no assurances at this time in this regard; and Mr. Totten suggested that, while staff's focus since the issue was put before Council has been aimed at finding a permanent solution and what was being asked at this time was if there were a more immediate situation with respect to this winter, on the latter basis he would have staff meet with the residents to look at alternative truck routes and, if it were possible that some solution could be found which was pleasing to the majority of residents, appropriate signage would be put up and staff would come back to Council. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager with the letter from Councillor Arthurs for a report to Council. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the referral motion was carried. 7. Tender For Chiller On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Electrical and Refrigeration Services Ltd., in the amount of $25,426, plus tax, be accepted for the supply of one new tube-style chiller for the Charles A. Gorman Arena, as specified in Tender 97-085002T as Option "B". Question being taken, the motion was carried. 8. Tender For Contract 97-18 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 97-18: Fairville Boulevard sewer pipe lining, be awarded to the low tenderer, Insituform Technologies Limited, at the tendered price of $92,182, 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. (Councillor Fitzpatrick re-entered the meeting.) 86-612 COMMON COUNCIL SEPTEMBER 22, 1997 9. Amendment To Agreement With Renforth Re Water Supplv Consideration was given to a report from the City Manager further to Council's consideration on August 18 of the submitted request from the Village of Renforth for a change in the existing agreement with the City in order to service a proposed church from the City watermain on Rothesay Road; advising that staff has reviewed and supports the request which would result in the water consumption by the church being a portion of the total consumption by the Village at the rates established in the Water and Sewerage By-Law; and recommending that: (1) Common Council approve the requested changes; (2) the City Solicitor prepare the appropriate documents; and (3) the Mayor and Common Clerk execute the document on behalf of the City. Mr. Nugent expressed the understanding that, although the intention was for the additional water service to serve solely the church, the submitted change as requested by the Mayor of the Village of Renforth intimates that the additional water service would serve not only the church but the properties generally along Rothesay Road; and suggested that the intention to serve solely the church should be reflected in the resolution to be adopted by Council. Mr. Nugent advised that, because of the coming into existence early next year of the new municipality of Rothesay, there may be the requirement for the Lieutenant Governor-in-Council to approve this amendment to the contract; and confirmed the Mayor's indication that the motion to adopt the City Manager's recommendation should be changed so that (2) would indicate that the City Solicitor prepare the appropriate documents, including that water be used solely for the church. Mr. Robichaud asked that the reference to 25 mm water services be changed to 25 mm or larger because of his understanding that the pipe could be as large as 50 mm, and the initial motion to adopt the City Manager's recommendation was changed accordingly. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that (1) Common Council approve the requested changes in the water agreement with the Village of Renforth; (2) the City Solicitor prepare the appropriate documents including that water be used solely for the church and a change from 25 mm water services to 25 mm or larger water services; and (3) the Mayor and Common Clerk be authorized to execute the document on behalf of the City. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. (Councillors Trites and Vincent withdrew from the meeting as they were not present for the August 18 public hearing of the proposed re-zoning of 199 Westmorland Road.) 10. Zoning By-Law Amendment To Re-Zone 199 Westmorland Road Consideration was given to a report from the City Manager submitting a copy of the City Manager's report tabled at the September 15 Council meeting to allow the applicant an opportunity to submit a revised proposal which would address concerns raised at that meeting with respect to the proposed re-zoning of 199 Westmorland Road, which was given first and second readings at the August 18 public hearing; also submitting the applicant's revised plan providing for 6 parking spaces on the subject lot which would be accessed via a wide driveway and, as discussed with the City Solicitor, would not present the same problems as the earlier proposal; advising that the proposal and potential resolution have been discussed with the applicant who has found this satisfactory with the clarification that an office and/or a residence could be developed on the site; and providing for Council's convenience the Section 39 resolution should this revised proposal be found acceptable. 86-613 COMMON COUNCIL SEPTEMBER 22, 1997 On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-447 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a property containing an area of approximately 520 square metres (5,597 square feet) located at 199 Westmorland Road (NBGIC Number 315457), from "R-2" One- and Two-Family Residential to "B-1" Local Business classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:- (a) the use of the property is limited to a business office and/or dwelling unit; (b) the parking area must be developed in accordance with a detailed site plan to be prepared by the proponent of the development and subject to the approval of the Development Officer; (c) notwithstanding condition (b), the said parking area may be developed in a manner similar to the submitted site plan submitted by the applicant and dated September 17, 1997, including location of parking spaces, gravel surfacing, no curbs, and driveway off Fern Street. The by-law entitled, "By-Law Number C.P. 100-447 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. 11. Tender For Dual Axis Jovsticks On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, the tender of CFM Fluid Systems Ltd., be accepted for the supply and installation of 5 new joystick operating systems in 5 City of Saint John snow plow trucks. Question being taken, the motion was carried. 12. Tender For Pre-EnQineered Steel BuildinQ On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Atlantic Building Contractors (1992) Ltd., in the amount of $145,230, tax included, be accepted for the construction of a new pre-engineered steel building at the Spruce Lake water treatment facility, and the Mayor and Common Clerk be authorized to execute any necessary contract documents. Question being taken, the motion was carried. (Councillors Trites and Vincent re-entered the meeting.) 13. Establishment ChanQe Consideration was given to a report from the City Manager advising of vacancies in the Local #18 bargaining unit in the Works Division through the normal staffing process, and that the proposed Establishment changes have been discussed with Human Resources and the Local 18 Executive members and the Union does not favour creating Labourer positions from the higher positions noted; and recommending an Establishment change. 86-614 COMMON COUNCIL SEPTEMBER 22, 1997 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council amend the Establishment by increasing the number of Labourer positions by 2 from 30 to 32, and decreasing the number of Chauffeur positions by 1 from 39 to 38, and the number of Welder positions by 1 from 4 to 3. (Deputy Mayor Chase re-entered the meeting.) Question being taken, the motion was carried. 14. City Market Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that the by-law entitled, "By- Law Number C-115-12 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", with regard to Sunday opening on October 5, October 12 and December 21, 1997, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-12 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 15. Legal Session Resolution Participation In Hearing Re Matter Of Crane Mountain Landfill Read a letter from the Common Clerk submitting a resolution adopted in Legal Session on September 15, 1997. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the City Solicitor or his designate be authorized to initiate the appropriate steps to participate in the hearing to be held in the matter of Rev. Dr. Philip J. Lee on behalf of a class of River Road area residents, intended Plaintiff and Applicant, and the Fundy Region Solid Waste Commission, intended Defendant and Respondent S/C/1 064/97 and, in particular, to oppose the order sought therein by the Applicant. The Mayor noted that, at the hearing on September 18, the judge reserved decision until next week. Mr. Nugent confirmed that a judgement was expected to be delivered sometime during the week of September 29, and addressed a question of Council approving in open session action that had already been taken on the basis that the City of Saint John, alone among municipalities in the Province, has been given by legislation the opportunity to meet in Legal Session; that is, Common Council meeting in Legal Session for very specific purposes for discussing with the City Solicitor matters of potential liability to the City, with his view being that discussion in the above regard was an appropriate matter for discussion in Legal Session, with this resolution now being considered in open session of Council in accordance with the Municipalities Act. Mr. Nugent advised that, to be certain that there would be no difficulty, he asked counsel who represented the other parties, in advance of the appearing, if they were going to raise any objection and, if they had, he would have suggested to Council that a special meeting be convened to deal with this matter beforehand. Question being taken, the motion was carried. 86-615 COMMON COUNCIL SEPTEMBER 22, 1997 16. 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 Monday, September 15, 1997, 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 with regard to the letter from Paul Daeres offering the former Odeon Theatre to the City for purchase, Mr. Daeres be advised that the City is not interested in purchasing this property. September 22, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Offer For City To Purchase Former Odeon Theatre On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 17. Saint John Parking Commission Traffic Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Parking Commission submitting a proposed amendment to the Traffic By-Law as the time period for loading zone areas conflicts with Schedule "J" and the loading zone on Prince William Street was not included when Schedule "P" was approved -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to the time period for loading zones and a loading zone on Prince William Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John 86-616 COMMON COUNCIL SEPTEMBER 22, 1997 Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to the time period for loading zones and a loading zone on Prince William Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 18. Saint John Parking Commission Traffic Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Saint John Parking Commission submitting a proposed Traffic By-Law amendment further to Council's consideration on July 21 of a letter from Dr. RA. Alexander concerning parking issues in the area of his veterinary clinic at 234 Main Street North relative to a lack of parking in the area -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Main Street North, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Main Street North, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 19. Saint John Parking Commission Traffic Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Parking Commission submitting a proposed Traffic By-Law amendment further to a request by the owner of Lancaster Florists that the loading zone in front of his business at 11 Main Street West be removed -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", to remove the loading zone at 11 Main Street West, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law 86-617 COMMON COUNCIL SEPTEMBER 22, 1997 Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", to remove the loading zone at 11 Main Street West, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". 20. Elsie E. Wayne, M.P. Infrastructure FundinQ Consideration was given to a letter from Elsie E. Wayne, M.P. Saint John, submitting a copy of her letter to Mr. Brian Dick, Vice President of ACOA, advising that all three levels of government had agreed that Saint John's Infrastructure Program would be the expansion of the North End wastewater treatment plant; and asking, as to date no application has been forwarded from Fredericton to the Minister in charge, to be advised of where this matter stands with the Mayor and Council at this time. Mayor McAlary advised that, since the time the three levels of government agreed to spend the money on the North End wastewater treatment plant, the Provincial Government has asked both the City and the Federal Government if they would consent to some money for Lantic Sugar to upgrade its facilities if necessary and, as a decision in this regard was expected by the end of July, a letter has been forwarded to the Premier to determine the status of this issue; and made the observation that, as the infrastructure funding for 1997 has been extended until March 1999, there was no fear of losing this funding. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Elsie E. Wayne, M.P. Saint John, regarding Saint John's Infrastructure Program, be received and filed and Mrs. Wayne be advised that Council understands that the deadline for infrastructure funding has been extended, and, in Council's estimation, the preservation of the Lantic Sugar Refinery in Saint John is a higher priority than the immediate dealing of wastewater treatment from the Millidgeville area. Question being taken, the motion was carried. 21. Minister Of Finance - Response Re Application Of Property Tax On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from The Honourable Edmond P. Blanchard, Minister of Finance, responding to Common Council resolution of July 21 regarding the application of property tax on owner-occupied residential properties -- be received and filed and a copy be forwarded to the Auditor General of New Brunswick. Councillor Knibb noted that Mr. Thomas J. Hammett, whose correspondence Council forwarded to the Minister, passed away recently. Question being taken, the motion was carried. 86-618 COMMON COUNCIL SEPTEMBER 22, 1997 22(a)(b) Letters Re Proposed Canteen Adjacent To IrvinQ Nature Park Consideration was given to a letter from (a) Brian and Sherrill Killam and from (b) Stanley D. Rhodenizer regarding the proposal for a canteen facility adjacent to the Irving Nature Park, which was the reason for an application for the re-zoning of 1770 Sand Cove Road for which a public hearing was held on September 15. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from (a) Brian and Sherrill Killam and (b) Stanley D. Rhodenizer regarding the proposal for a canteen facility adjacent to the Irving Nature Park -- be received and filed for consideration when the matter of the proposed re-zoning of the property at 1770 Sand Cove Road is further considered by Council. Question being taken, the motion was carried. 23. Western Beaches Preservation Society Inc. Motorized Vehicles On Abandoned Rail Line On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Western Beaches Preservation Society Inc. requesting that the City enact local laws to prevent the trespassing of all terrain vehicles (A TVs) or any other motorized vehicles over land within the City limits commonly known as the abandoned rail line from Saint John to St. Stephen, which would allow owners of properties adjacent to these lands to have quiet, safe use of their properties and to allow local citizens of Saint John and visitors to enjoy a safe walkway the full length of the linear park as well as to and from the Irving Nature Park, and also permit the City Police the necessary authority to patrol any unauthorized use of said lands by motorized traffic and also help eliminate erosion of the sensitive environment of the seashore cliffs -- be referred to the City Manager and the City Solicitor. Question being taken, the motion was carried. 24. Leighside Holdings Ltd. Amendment To Section 39 Conditions Of Re-ZoninQ Of 691 Somerset Street On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Leighside Holdings Ltd. for an amendment to the Section 39 conditions of re-zoning of 691 Somerset Street 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, October 27, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that this meeting be adjourned and a meeting be held in Committee of the Whole. 86-619 COMMON COUNCIL SEPTEMBER 22, 1997 Question being taken, the motion was carried. Common Clerk