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1999-04-06_Minutes 87-438 COMMON COUNCIL APRIL 6,1999 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the sixth day of April, AD., 1999, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Vincent and White - and - Messrs. P. Woods, Deputy City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; S. Galbraith, Director of Works; W. Butler, Commissioner of Community Services; W. Todd, Director of Information Technology; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; D. Logan, Purchasing Agent; R. Simonds, Deputy Fire Chief; A Bodechon. Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Secretary. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and Reverend David Nicholson of Douglas Avenue Christian Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on March 29, 1999, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks On a point of order, Councillor Titus stated he was unable to find provision in Council's Procedural By-law for Mayor's Remarks to be included on the Council agenda, and if there is no such provision, any remarks by the Mayor under this item are out of order. Mayor McAlary stated that such item has been listed on the agenda for at least her term of office, to make public announcements, express appreciation, and for proclamations, and asked that the matter be referred to her for a report to Council, whereupon Councillor Fitzpatrick proposed such a motion. Upon the Mayor indicating that she intended to proceed, Councillor Titus stated he wished to appeal to the full Council the decision of the Mayor in this regard. He suggested as a courtesy that the Mayor inform Councillors before remarks are made under this item, and provide background information. The Mayor stated that for this meeting this item is out of order and there will be no Mayor's Remarks. 4. Year 2000 Computer Problem Read a report from the City Manager advising Council of the initiatives established as a guide for an Action Plan by the Year 2000 Project Team adopting the following definition of 'readiness', "software or devices utilizing dates within them will continue to perform adequately for specific business functions(s) during the change over to the next century"; advising of the following ongoing activities: the City is currently installing a new Management Information System which in part will respond to identified Year 2000 issues with existing applications such as the Local Government Financial system; the City's Emergency Measures Organization has initiated steps to prepare contingency plans to respond to potential Year 2000 associated incidents; and staff is participating in a number of regular information sessions with other agencies regarding Y2K. 87 -439 COMMON COUNCIL APRIL 6,1999 Mr. Todd, on behalf of the Year 2000 Project Team, made an overhead presentation explaining the process being taken through an Action Plan established by the Project Team, as submitted, advising the potential impact on the City's software which could affect the functioning of Protective Services, Communication Services, Building Inspection and the water distribution network resulting in problems with the delivery of these particular services; the Project Team will focus on the following critical services: fire suppression, police patrols, potable (drinking) water, streets, and waste water treatment; a comprehensive inventory is being undertaken of the City's entire fleet as well as traffic controllers; an inventory has been taken of any potential Y2K issues and those which are specific to a certain Department are the responsibility of that Department to determine Y2K readiness; the Information Technology area has assumed responsibility for all computer hardware and software issues; a corporate approach is being taken in developing contingency plans which will be reviewed and approved by the Executive Committee; the Materials Management Division of Corporate Services is coordinating contacts with suppliers of software to the City to determine the current and future compliance status; a clause regarding year 2000 compliance has been affixed to all Purchase Orders, Quotations, Tenders and Requests for Proposals; a communication plan is being developed by the Project Team and Mr. Todd noted he will be handling any questions or requests regarding Y2K. Mr. Todd stated everything possible is being done to assure the City is not adversely affected but the City does not, at this time, represent or guarantee that all of its operations, including the services that it provides, will not be adversely affected by the Year 2000 computer problem. On motion of Councillor Ball Seconded by Councillor Fitzpatrick RESOLVED the above report from the City Manager regarding the Year 2000 Project Team's Action Plan and ongoing activities -- be received and filed. Question being taken, the motion was carried. 5. Status ReportinQ - Capital ProQrams Read a report from the City Manager submitting a Status Report on 1998 Capital Programs - Transportation/Storm/Water/Sanitary for the period ending February 28, 1999, containing the following information: projects approved, method for estimating scope and value of work required, payment process, and advising it is proposed to provide these reports on the status of Capital Programs to Council on a quarterly basis for the periods ending May 31, August 31, November 30 and February 28 of each year. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the system of status reporting for Capital Programs, as proposed in the submitted report -- be received and filed. An overview of the submitted report was given by Mr. Groody noting the report covers the general fund, from the property tax base, which covers the transportation capital program, storm drainage capital program and environmental capital program; and the water and sewerage fund, which comes from the rates payers of the water and sewerage utility which covers the programs for water, sanitary sewerage and infrastructure; Mr. Groody noted two critical goals in Municipal Operations with regard to Capital Programs: (1) an early submission of project lists; and (2) develop a system for regular reporting on the status of projects. Mr. Groody responded to questions regarding the status report and noted when there is a significant over expenditure for any particular project the variance is reported back to Council for approval. Question being taken, the motion was carried. 87-440 COMMON COUNCIL APRIL 6,1999 6. Re Tender Calls for Capital Projects Consideration was given to a report from the City Manager further to Council's request on March 22, 1999, regarding the matter of timing of tender calls for capital works projects; submitting a partial listing of the tentative schedule for tender calls, and advising an additional report will be submitted to Council on the remainder of the work in a few weeks. On motion of Councillor Court Seconded by Councillor White RESOLVED that as recommended by the City Manager the above report be received and filed. Councillor Titus referring to his request on March 22, 1999 asked the status of a report from staff verifying what City Commissions do not presently use the City tendering process. Mayor McAlary advised this matter is being pursued by the City Manager. Deputy Mayor Chase questioned the possibility of having local engineers carry out the work for regular street reconstruction, curb and gutter work which would in turn allow City staff more time to deal with other more urgent issues; Mr. Groody advised there have been discussions on this matter and a policy could be ready for Council's consideration in the near future. Question being taken, the motion was carried. 7. Request To Expend Monies From Stockford Memorial Trust Fund Read a report from the City Manager further to Council's referral on March 15, 1999, regarding a request from staff for allocation of monies from the Stockford Memorial Trust Fund to purchase a sweeper for a tractor used for maintenance in King's Square and the Uptown area; advising that funds from the Stockford Memorial Trust Fund must be used for maintenance items exclusively in King's Square. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize the expenditure of an amount not greater than $10,000 to purchase bedding plants, mature trees, benches and waste receptacles for use in King's Square and further that monies for these expenditures be provided from the Stockford Memorial Trust Fund as supported by invoices. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the possibility of placing a memorial in King's Square in recognition of the Stockford Memorial Trust be referred to the City Manager. Question being taken, the motion was carried. 10. Proposed Expenditure From The Stockford Memorial Trust Fund Consideration was given to a letter from the City Solicitor regarding the City Manager's recommendation for Council's approval on March 15, 1999, for funding to be provided from the Stockford Memorial Fund in an amount not greater than $10,000 for the purchase of a sweeper attachment for a tractor used for maintenance in King's Square and the Uptown area; referring to Council's resolution on December 28, 1939 which established the Stockford Fund as a result of the bequest of $3,000 from the 87-441 COMMON COUNCIL APRIL 6,1999 Estate of Fannie M. Stockford; and advising it would be improper to expend money from the Stockford Memorial Trust Fund to purchase a piece of equipment which is intended from time to time to be used other than for the upkeep and maintenance of King's Square. On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the letter from the City Solicitor regarding the proposed expenditure from the Stockford Memorial Trust Fund -- be received and filed. Question being taken, the motion was carried. 8. Tender For Collection Of Residential Solid Waste On motion of Councillor Ball Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender for the collection of residential solid waste as per the terms and conditions of the tender, be accepted in accordance with the prices contained in the submitted summary of bids; and in general terms as follows; 1) zones number 1, 2, and 3 to Mr. Dumpster Inc. and 2) zones 4, 5, 6 and 7 to Dominion Refuse Collectors Ltd. In responding to a question regarding tipping fees Mr. Logan confirmed they are included in the tender price. Councillor Chase noted next year the recycling program will be underway to extract dry recyclables from the system and stated he anticipates a reduction in this tender contract. Councillor Vincent inquired what the pickup schedule for the eastern section of the City is when a statutory holiday falls on a Monday, and Mr. Groody confirmed that when Monday is a holiday, the garbage is picked up the following Monday. Question being taken, the motion was carried. 9. Tender For Asphaltic Concrete Mixes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Lafarge Canada Inc., as per the prices contained in the submitted summary of bids, be accepted for the supply of asphaltic concrete mixes for the 1999 construction season. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting as he was not present at the March 29, 1999 public hearings with regard to the Peninsula Neighbourhood Plan and property at 91 Prince Edward Street.) 11. Municipal Plan Amendment Peninsula NeiQhbourhood Plan On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the by-law entitled "A Law To Amend The Municipal Plan By-law" adopting the Peninsula Neighbourhood Plan as Part 10, which sets out additional policies to guide the development of the peninsula area surrounding the uptown; and amending Schedule 2-C, the Central Peninsula Land Use Plan, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled "A Law to Amend The Municipal Plan By-law", was read in its entirety. 87-442 COMMON COUNCIL APRIL 6,1999 Question being taken, the motion was carried with Councillor Chase voting "nay". 12. Zoning By-law Amendment To Re-zone 91 Prince Edward Street On motion of Councillor White Seconded by Councillor Court RESOLVED that the by-law entitled, "By- Law Number C.P. 100-494 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 91 Prince Edward Street, having an area of approximately 850 square metres (9,150 square feet), also identified as being NBGIC Number 12427, from "IL-1" Neighbourhood Institutional to "B- 2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-494 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. (Councillor Vincent re-entered the meeting.) 13. Municipal Plan Amendment And Re-zoninQ 177-187 Manners Sutton Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of G.A (Sandy) Robertson regarding property at 177-187 Manners Sutton Road have been completed, and no written objections have been received. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the application of G.A(Sandy) Robertson for a Municipal Plan amendment and re-zoning of property at 177 -187 Manners Sutton Road 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 Tuesday, May 10, 1999 at 7:00 o'clock p.m. Question being taken, the motion was carried. 14. 1998 Auditor's Report And Financial Statements For Fundv ReQion Solid Waste Commission Read a letter from John King, Chairman, Fundy Region Solid Waste Commission, submitting the Auditor's Report and Financial Statements for 1998 for the Commission, pursuant to Section 7.1 in N.B. Regulations 96.11 under the Clean Environment Act. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the Auditor's Report and Financial Statements for 1998, as submitted, for the Fundy Region Solid Waste Commission -- be received and filed. Councillor Chase advised that the Chairman and General Manager of the Fundy Solid Waste Commission would accept an invitation to address Council regarding the financial statements for 1998. Councillor Fitzpatrick questioned why rent is being paid in the amount of $18,000 for a facility rather than having a structure on site; and in referring to the Recreation Fund requested further information on the Fund and what policies are in place. Question being taken, the motion was carried. 87-443 COMMON COUNCIL APRIL 6,1999 15. Elizabeth Fry Society Re Police Commission Membership On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the letter from Elizabeth Fry Society of Saint John referring to the Police Commission membership, noting there are no female City appointees on the board, as well as no appointee from the eastern region of the City, and requesting Miss Sharon Nesbitt be given consideration as a member of this Commission -- be referred to the Nominating Committee. Question being taken, the motion was carried. 16. Eric L. Teed Re Policy On Appointments To Boards And Commissions On motion of Councillor Fitzpatrick Seconded by Councillor White RESOLVED that the letter from Eric L. Teed, dated April 1, 1999, commending Council's decision to adopt a policy that Saint John residents be appointed to its official boards and commissions -- be received and filed. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk