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2000-03-20_Minutes 87 -898 COMMON COUNCIL MARCH 20, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of March, A.D., 2000, at 7:15 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, 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; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; P. Hanlon, Manager of Water and Sewerage Services; D. Logan, Purchasing Agent; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. James Fudge of the First United Pentecostal Church and Chaplain of the Saint John Police Force offered the opening prayer. The Mayor apologized for the Council meeting starting late, explaining that additional time was needed in Committee of the Whole to finish up the items; and extended condolences to the family of the late Daniel Nolan, a City employee who passed away on March 16,2000. 2. Approval of Minutes On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on March 13, 2000, be approved. Question being taken, the motion was carried. 3. HST On Residential HeatinQ Costs Read a letter from Councillor Court advising that he would like to discuss the possibility of sending an HST resolution concerning residential heating costs to the Cities of New Brunswick Association meeting to be held in Bathurst during the month of May. Councillor Court, in noting that he had previously brought this matter to Council as well as NB Power's recent announcement of a rate increase to residential customers only, expressed concern that the greatest users were being subsidized by homeowners in the name of fair competition and, as home heating is a basic necessity of life, the addition of HST adds an undue financial burden to homeowners; and, having read the following resolution, asked that this resolution be passed on to City staff to add to it the financial burden that would relate and how much could be eliminated from wood, oil, gas and electrical costs and bring the resolution back to Council at the next open session with some financial figures so that it could be passed on to the forthcoming Cities Association meeting in Bathurst in May. On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that the following resolution be referred to the City Manager for a report at the next open session of 87 -899 COMMON COUNCIL MARCH 20, 2000 Council on financial implications, including how much of a saving there would be for homeowners in the Province of New Brunswick when it comes to domestic energy consumption in all areas, whether wood, oil, electricity or gas: WHEREAS domestic energy consumption is a necessity of life for New Brunswick families; and WHEREAS domestic energy consumption costs are an expensive cost per family for all New Brunswickers; and WHEREAS taxes are an important component in the price structure of domestic energy consumed by New Brunswickers: THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John refer a request to the Cities of New Brunswick Association to have the HST component eliminated on all domestic energy consumed by families, including electrical, wood, oil and gas for domestic consumption. Councillor Trites asked that the City Manager break out the PST and GST components involved in that the resolution was dealing with two different levels of government; and Mr. Totten advised that, although he could have the resolution back to Council at the next meeting in a proper form, he might require more time to do the research in order to provide Council members the information concerned before going to the Cities of New Brunswick Association meeting. Question being taken, the motion was carried. 4. Telephone System Used Bv City Departments Consideration was given to a letter from Councillor Titus requesting the opportunity to discuss with Council a review/study of the current telephone system used by various City departments, and also requesting the support of Council to refer this matter to staff for consideration with a report back to Council. Councillor Titus advised that the motivation behind his request was strictly a cost one in that he wanted to see if there could be any cost savings in view of possible other options that could be used. On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the above matter be referred to the City Manager for a report to Council with respect to saving. Question being taken, the motion was carried. 5. Review Of Committees I Commissions Read a letter from Councillor Titus requesting the opportunity to discuss with Council a "review" of the committees and commissions of Council. Councillor Titus expressed the view that it was time for Council to review its committees and commissions which number as many as thirty-two formal ones and various other informal ones with a view to making the system possibly more efficient and to determine if any cost savings would be derived from either the elimination or amalgamation of some of them. Councillor Titus proposed that Council set up a time to deal with this, possibly at the same time that it deals with his previously tabled item on the structure/operation of Council. On motion of Councillor Titus Seconded by Councillor Vincent RESOLVED that the above matter be laid on the table with the understanding that it will be taken from the table when the matter of the current structure/operation of Council, which was tabled for a couple of months on February 21, 2000, is taken from the table for consideration. 87 -900 COMMON COUNCIL MARCH 20, 2000 Question being taken, the tabling motion was carried. 6. Tender For Asphaltic Concrete Mixes On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of Lafarge Canada Inc. be accepted for the establishment of a supply agreement for asphaltic concrete mixes for the duration of the 2000 construction season, in accordance with the unit prices included in the submitted summary of bids. Question being taken, the motion was carried. 7. Tender For Video Sewer Inspection Services On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Melanson's Waste Management Ltd. be accepted for the provision of video sewer inspection services, for a period of one year from the date of award by Council, as per the prices included in the submitted summary of bids. Question being taken, the motion was carried. 8. Extension To Supply Agreements For Collection Of Residential Solid Waste Consideration was given to a report from the City Manager advising of the receipt of written requests from the two successful tenderers in the 1999 tender process for the collection of residential solid waste to extend the existing agreements in preparation for an anticipated significant increase in the tipping fee at the Crane Mountain landfill when the Fundy Region Solid Waste Commission submits its budget for 2001 in that they had to absorb the additional cost of an increase in the tipping fee for the Crane Mountain landfill approved by Council in December 1999 and feel that any changes to the tipping fees will not come into effect until January 2001; also advising that both vendors have also requested that, if the City wishes to extend the contract beyond December 2000, i.e. until the normal end of the term (March), consideration be given to negotiating an increase based on the possibility of a new tipping fee for 2001; further advising that, accepting the offer to extend the agreements until December 31, 2000 will benefit the City through the realization of both a financial reward and the benefits from having some degree of stability in this area; however, if the City were to extend the present agreements beyond December 2000, or call a new tender immediately, consideration would have to be given to the 2001 tipping fee, which would lead to a two-tiered pricing schedule; and recommending extending the agreements. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, Council extend, without change, the existing supply agreements with Dominion Refuse Collectors Ltd. and MDI Waste Management Inc. for the collection of residential solid waste for an additional period to end December 31,2000. Question being taken, the motion was carried. 9. Tender For New Works Depot - East On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, the tender of Atlantic Building Contractors Ltd., in the amount of $419,230, all taxes extra, be accepted for the design and construction of a new building required to house the operations of the Works Department's Eastern Depot, on the planned site at McAllister Drive. 87 -901 COMMON COUNCIL MARCH 20, 2000 Question being taken, the motion was carried. 10. Zoning By-law Amendment To Re-Zone Land On Water Street And 189 Prince William Street Read a report from the City Manager recommending the initiation of the re-zoning process with regard to properties located on the east side of Water Street, between Market Square and Duke Street, and at 189 Prince William Street, so as to implement the Uptown Regional Centre designation of the properties contained in the Municipal Development Plan. On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council initiate the re-zoning of the properties currently zoned "T" Transportation, located on the east side of Water Street, between Market Square and Duke Street, as well as the Federal Government office building property at 189 Prince William Street, from "T" Transportation and "RM-1" Three Storey Multiple Residential to "B-3" Central Business classification, refer the matter to the Planning Advisory Committee for a report and recommendation, and authorize the advertising of a public hearing to be held on Monday, May 1, 2000 at 7:00 o'clock p.m. Question being taken, the motion was carried. 11. Provision of Compensatory Storage For Westmorland Road Development On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the report from the City Manager advising that the City has again been approached by ADI Ltd., on behalf of First Westmorland Shopping Centres Ltd., seeking approval to begin construction on the next phase of the Westmorland Road commercial development project, as indicated in the submitted correspondence, for which it will be necessary to purchase an additional 10,700 cubic metres of flood storage; setting out the flood storage capacity at Golden Grove Road, as well as the total capacity required to date for Phases I, II and III for the Westmorland Road development and the anticipated total for the entire completed project at Westmorland Road, be received and filed: AND FURTHER that as recommended by the City Manager, First Westmorland Shopping Centres Ltd. be advised that Common Council will sell compensatory storage, calculated at the rate of $5.41 per cubic metre, for each cubic metre of flood storage displaced by the development on Westmorland Road, up to 10,700 cubic metres. Question being taken, the motion was carried. 12. Annual Sidewalk Vendor Auction And Requests For New Sites Consideration was given to a report from the City Manager submitting a history of sidewalk vendor sites sold at auction beginning in 1994 through to 1999, the number of sites having diminished significantly, along with the number of persons interested in purchasing sites, and also submitting street maps in this regard; advising of staff's receipt of a request from one of the sidewalk vendors for four new sites for the coming year, as well as the reasons for recommending that Council decline to approve the requested new sites; and also advising that the annual auction is scheduled for Tuesday, April 4, at 2:30 p.m. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council decline to approve the requested new sidewalk vendor sites, namely: (1) the sidewalk in front of NBGIC Number 00424234 at 18 Crown 87 -902 COMMON COUNCIL MARCH 20, 2000 Street (RMH Telemarketing Services); (2) the sidewalk in front of NBGIC Number 00018275 at 110 Prince Edward Street (main entrance to Cendant call centre); (3) the sidewalk in front of NBGIC Number 00033704 at 24 Main Street (Buccaneer's Pub) to be operated after 10:00 pm; and (4) the current Site 4 (sidewalk on Prince William Street in front of NBGIC Number 8987) to be relocated to the sidewalk in front of NBGIC Number 00008029 at 46 Princess Street (O'Leary's Pub) and operated from 11 :00 p.m. to 3:00 a.m. Question being taken, the motion was carried. 13. Response To Request For Inclusion Of Horses & Ponies In Animal Control Bv-Iaw On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the report from the City Manager advising that, further to Vicki Stephen's request to Council on January 24, 2000 for an amendment to the Animal Control By-law to include horses and ponies, in light of the relatively few problems associated with horse and pony owners in the City, staff cannot recommend that the Animal Control By-law be amended to include other domestic animals and, with respect to property damage which may result from a horse or pony getting loose and running across the Stephen's property, the City would not normally involve itself in that sort of issue between neighbours; and recommending that the Animal Control By-law not be amended to include horses and ponies and that a copy of this report be forwarded to Ms. Stephen, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 14. Warrants & Executive - Saint John SalvaQe Corps And Fire Police On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council (1) cancel the warrants of Saint John Salvage Corps and Fire Police members James Pipes, David Owen and Ronald Snow, as requested in the submitted correspondence to the Fire Chief from the Secretary of the Corps; (2) approve the newly elected Executive for the year 2000; and (3) issue warrants for the following new members: Thomas Harry Connor and Stephen William Belyea. The Mayor recognized the presence at the meeting of Salvage Corps Captain Harold Mayes. Question being taken, the motion was carried. 15. Building Permit Fees For Permits Issued After Work Has BeQun Consideration was given to a report from the City Solicitor addressing the jurisdictional issues on the prospect of increased fees for building permits issued subsequent to work having commenced, further to the referral to him at the last meeting of a draft of a revised Building By-law, his intent being to follow up with the entire proposed draft by-law as soon as possible; advising that the proposal to increase permit fees where work has commenced before a building permit has been obtained would effectively impose a penalty for violating the by-law prohibition against undertaking certain work without a building permit, and the Province has already provided the penalty for such an offence and has not given municipalities the authority to impose additional or alternative penalties; and expressing the opinion that it would be necessary for the Community Planning Act to be amended in order for the proposal arrangement to be included as an enforceable provision of a municipal by-law. 87 -903 COMMON COUNCIL MARCH 20, 2000 On motion of Councillor Ball Seconded by Councillor Desmond RESOLVED that the above report from the City Solicitor be received and filed. Councillor Court expressed concern that a fine of not less than $70 and not more than $250 and $500 for a second offence, as set out in s.56 (2) of the Provincial Offences Procedures Act, might not be a deterrent for people to build without a permit, and also that it would cost the City more than the fine to take a case to court, and suggested that pressure could be put on the Provincial Government to increase the fine. Mr. Nugent confirmed that, by and large, the cost to a municipality to pursue enforcement was more than received or recovered in terms of fines, and that Council could ask the Province to review the procedure for fines, whereupon Councillor Court proposed a motion to do so, and the Mayor noted the motion on the floor. Councillor Chase spoke on the basis of looking at the issue from the aspect of fees rather than penalties, fees being a method to recover administrative costs related to issuing a permit after a building was constructed as well as a deterrent to builders to erecting structures before getting building permits as is done in Fredericton and Moncton through by-laws, and Mr. Nugent re-iterated his view that Fredericton and Moncton's by-laws would penalize someone for commencing construction before a permit was issued, and he did not think there was authority for that. Mr. Nugent made the observation that Councillor Chase now seemed to be raising quite a different issue from that he thought was raised last week in dealing with the additional cost that may be associated with inspections for work done before a permit was issued, and advised that other issues would be brought forward to Council in connection with a review of the entire draft Building By-law from the perspective of the responsibility the municipality incurs in enforcing not only it but other by-laws and the entire permit charging scheme; however, he did not anticipate returning to Council further with respect to the above issue, being firmly of the view that municipalities in New Brunswick do not have the right to charge double or triple, or some other multiple of the building permit fee simply because someone begins a construction without a permit. In response to questions, Mr. Edwards advised that he could recall only two or three instances in the last six years where people have refused to get a building permit and the City has been in court with them; clarified that an individual, who has been fined through the court, is not relieved of the obligation of getting a building permit, and also that the real issue is in terms of getting the application on time in that almost every single person gets a permit when required, although quite often late; and advised that a relatively small proportion of the overall construction industry offended, with probably a half dozen or a dozen who are repeat offenders. Mr. Edwards also advised that, as to a comparison between the number of people who apply for permits and those who do not, he would guess at somewhere in the order of eighty-five percent, with the remaining fifteen percent having to be encouraged; and also that, if the Legislature could be convinced to change the Act to provide for greater or stiffer penalties, he would be in support of that. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Vincent RESOLVED that the Solicitor General be requested to change the fine in section 56(2) of the Provincial Offences Procedures Act to not less than the cost of the original building permit plus all court costs entailed if the person is found guilty. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager for a recommendation as to how the City can improve the enforcement mechanism of the building permit and what route should be followed in order to petition the Province to make whatever changes are necessary. Councillor Titus spoke against the referral motion in that, based on Mr. Edwards' indication that there were only two or three instances in the last six years where people have refused to get a building permit, the City did not have an 87-904 COMMON COUNCIL MARCH 20, 2000 enforcement problem; and also that, as ultimately Council wanted to ensure that buildings were properly inspected, he had confidence in Mr. Edwards that this was the case, even if people were delinquent in terms of getting a building permit. Question being taken, the referral motion was carried with Councillor Titus voting "nay". 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, March 20, 2000, when there were present Mayor McAlary and Councillors Ball, Chase, Court, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, the City of Saint John purchase an easement for municipal services of approximately 5,565 square feet, located at 407 Rothesay Avenue, from Canadian National Railway for the purchase price of $1.25 per square foot ($6,956.25), plus applicable taxes. 2. That as recommended by the City Manager, Common Council authorize the publishing of a notice of its intention to consider the passing of a by-law to stop up and close a 1.85:t hectare portion of Willett Avenue, as generally shown on the submitted plan, provided that all costs associated with the publishing and any subsequent closing be borne by Irving Pulp and Paper, Limited; and, in the event the subject portion of Willett Avenue is stopped up and closed, the former portion of street be sold to Irving Pulp and Paper, Limited for the purchase price of $14,711 per hectare plus HST, provided title is not transferred until such time as Irving Pulp and Paper, Limited has installed (to the satisfaction of the City's Chief Engineer) a manhole on the sewer line(s) and a chamber with metre and back-flow prevention valve on the waterline(s) at the point where Willett Avenue becomes private; and the Mayor and Common Clerk be authorized to execute the necessary documents. 3. That as recommended by the City Manager, the City of Saint John sell the freehold interest in the land at 65 Mecklenburg Street to the owner of the leasehold title, Robert Thorne, for $4,000 plus applicable taxes, and the Mayor and Common Clerk be authorized to execute the deed. March 20, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Purchase Of Land 407 Rothesav Avenue On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 16.2. ClosinQ & Sale Of Portion Of Willett Avenue On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. 87-905 COMMON COUNCIL MARCH 20, 2000 Question being taken, the motion was carried. 16.3. Sale Of Freehold Interest 65 MecklenburQ Street On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. (Councillor Vincent withdrew from the meeting.) 17. Board Of Trustees Of The City Of Saint John Pension Plan - 1999 Annual Report On motion of Councillor White Seconded by Councillor Ball RESOLVED that 1999 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. Question being taken, the motion was carried. 18. Greater Saint John Economic Development Commission. Inc. Re Annual MeetinQ On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from Greater Saint John Economic Development Commission, Inc. (Enterprise Saint John) inviting Council to participate in its annual meting on March 29, 2000, at which the audited financial statements would be presented and a brief review would be provided of the Commission's activities from 1999, with an outlook to 2000; and advising that a copy of the annual report will be forwarded in advance of the meeting, be received and filed. Question being taken, the motion was carried. 19. District Medical Health Officer For ReQion 2 - Fluoridation Of Potable Water On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the letter from Peter Ross, MD, Acting District Medical Health Officer, Public Health Services, Region 2, Saint John, advising that he had been requested to provide Council with advice regarding on- going fluoridation of potable water; confirming continued advocacy of fluoridation as an effective dental public health measure; and, in recognizing the ongoing controversies that make this issue confusing, attempting to provide clarification in this regard, be received and filed. Councillor Chase advised his intention to submit a rebuttal to the above letter by another medical health professional who takes a different opinion on fluoridating water; and also to submit information looking for Council's support on a motion to encourage the Province to renew its efforts to find a public health officer for the Saint John Region as, in his view, it is unacceptable that the Saint John Region does not have a full-time public health officer. Councillor Desmond advised his disagreement with the above letter and that he did not think any research has been done on recent surveys in this regard. Question being taken, the motion was carried with Councillor Desmond voting "nay". 87 -906 COMMON COUNCIL MARCH 20, 2000 20. Sue Hargreaves - Changes To Water And SeweraQe Bv-Iaw On motion of Councillor Titus Seconded by Deputy Mayor Chase RESOLVED that the letter from Sue Hargreaves expressing her concern regarding changes to the Water and Sewerage By- law, and requesting consideration of returning to the quarterly payments for water and sewerage bills, be received and filed and a letter be forwarded to Ms. Hargreaves explaining that quarterly payments can still be made or arrangements for payment can be made with the City Cashier. Question being taken, the motion was carried. Adiournment The Mayor noted that the next regular meeting of Common Council in open session would be held on Monday, April 3, 2000, at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk