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2000-04-17_Minutes 87 -932 COMMON COUNCIL APRIL 17, 2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of April, A.D., 2000, at 7:00 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; W. Butler, Commissioner of Community Services; S. Galbraith, Director of Works; J. Baird, Manager of Community Planning; W. Edwards, Building Inspector; S. Lodhi, Manager of Real Estate and Facility Management; E. Farren, Intergovernmental Affairs Officer; 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. Dan Trecartin of Grace Harvest Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Desmond Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on April 10, 2000, be approved. Question being taken, the motion was carried. 3(a) Zoning By-law Amendment Re 1099 Kennebecasis Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an area of land located at 1099 Kennebecasis Drive (the front portion of NBGIC Number 00049460), having an area of approximately 5640 square meters (60,710 square feet), from "US" Utility and Service to "R-1A" One and Two Family Residential classification, to permit the creation of three serviced residential lots for the construction of one-family dwellings, as requested by Maber & Somerville Joint Venture Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's April 11, 2000 meeting at which Randy Hatfield appeared on behalf of the applicant in support of the staff recommendation, and Brian MacDonald of 978 Kennebecasis Drive expressed concern regarding the proposed subdivision; advising of the Committee's adoption of the staff recommendation with a revision to address the concern raised by the area resident about the subdivision which will be contained in a further recommendation when third reading to the re-zoning is considered; and recommending that Common Council re-zone an area of land located at 1099 Kennebecasis Drive, having an area of approximately 5640 square metres (60,710 square feet), also identified as being the front portion of NBGIC Number 00049460, from "US" Utility and Service to "R-1A" One Family Residential classification. 87 -933 COMMON COUNCIL APRIL 17, 2000 Randy Hatfield, counsel for the applicant, appeared in support of the proposed re-zoning, requested that Council give first and second readings of the re- zoning request; and noted that the Planning Advisory Committee, in approving the recommendation to Council, took into account the objections of a local area resident and called a strict observance of development regulations, particularly as it relates to water and drainage in the area, and also noted the presence at the meeting of Gordon Mouland of Fundy Engineering & Consultants Limited, the firm retained by the applicant to advise on these matters. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning an area of land located at 1099 Kennebecasis Drive (the front portion of NBGIC Number 00049460), having an area of approximately 5640 square metres (60,710 square feet), from "US" Utility and Service to "R-1A" One Family Residential classification, be read a first time. Councillor Titus, having questioned the practice of relieving the developer of providing a land for public purposes dedication for the proposed three-lot subdivision and the amount of cash that would be anticipated if cash in lieu of such land dedication were to be required, asked if the three lots in question had received Housing Incentive Program grants, to which Mr. Baird replied that he was in receipt of a Housing Incentive Program application. Councillor Titus advised that he did not see the connection for waiving the cash-in-lieu of land for public purposes and that he thought there should be cash-in-lieu in this regard. Question being taken, the motion was carried with Councillor Titus voting "nay". Read a first time the by-law to amend the Zoning By-law of the City of Saint John. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the by-law to amend the Zoning By-law of the City of Saint John, insofar as it concerns re-zoning an area of land located at 1099 Kennebecasis Drive (the front portion of NBGIC Number 00049460), having an area of approximately 5640 square metres (60,710 square feet), from "US" Utility and Service to "R-1A" One Family Residential classification, be read a second time. In response to a request for staff to generate prior to third reading of the proposed re-zoning the numbers relevant to the amount of a cash-in-lieu of land for public purposes dedication, Mr. Baird advised that a ballpark amount could be provided. Mr. Nugent made the observation that the variance granted by the Planning Advisory Committee with respect to the land for public purposes requirement in the Subdivision By-law is one of the roles which is exclusively within the Committee's jurisdiction, and not a matter of Council being in a position to overturn that decision should Council find it not what it would do if it were Council's decision to make. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-law of the City of Saint John. 4. Street Closing By-law Amendment Re Portion Of Mcilveen Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed closing of a portion of Mcilveen Drive, and no written objections were received in this regard. 87-934 COMMON COUNCIL APRIL 17, 2000 On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-law to Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to Mcilveen Drive, 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 The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the by-law entitled, "A By- law to Amend A By-law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with regard to Mcilveen Drive, 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 The Stopping Up And Closing Of Highways In The City Of Saint John". 5. Mavor's Remarks Mayor McAlary advised that Clean-Up Week was scheduled for May 8 to 12,2000; and extended an invitation to citizens to be part of the "Dome Project, involving the restoration of the dome from the old General Hospital and the development of a park area where citizens of Saint John can enjoy some "history preserved" by preparing a one-page history on themselves and/or their families, and advised that the public ceremony for this project would be held in June. The Mayor advised of a presentation to the City in recognition of volunteers in Saint John during Volunteer week of April 17. * Added Item On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the presentation of the report used by the Council committee on shipbuilding in the meeting with The Honourable John Manley, Minister of Industry and Trade, as well as a copy of the delivery document that was used at that time, be added to the agenda of this meeting for consideration was item 5A. Question being taken, the motion was carried. *5A. Council Committee On ShipbuildinQ Councillor Vincent, chair of the Council Committee on Shipbuilding, recognized the presence at the meeting of members of the Canadian Shipbuilding Committee Darryl Goyetche and Peter Bessey and, reading from a prepared statement, advised a scenario of events following the finalization, on February 2 and 3, 2000 with the entire Committee involved, of a presentation package that, once translated and printed, was to be placed in the hands of The Honourable John Manley, Federal Minster of Industry and Trade, including the Council Committee's request to the Mayor and Council members on March 27, 2000 for permission to travel to Ottawa to meet with the Minister and his staff for the reasons as indicated and a resolution passed for the Committee to proceed, and the Council Committee's visit to Ottawa on March 29 to 31, 2000. On motion of Councillor Vincent Seconded by Councillor White RESOLVED that the above report be received and filed. 87-935 COMMON COUNCIL APRIL 17, 2000 Councillors Ball, White, Court and Desmond, members of the Council Committee on Shipbuilding, spoke in the above regard. Question being taken, the motion was carried. 6. Reduction In City's BudQet Consideration was given to a letter from Councillor Titus requesting the opportunity to discuss with Council a reduction in the budget, the Provincial budget representing a "budget of choices" and, in turn, requiring the City to prepare a "budget of choices" . Councillor Titus, in noting the controversy around the letters sent out by the City Manager at Council's direction in terms of the upcoming budget and the possible $2.2 to $2.3 million reduction in the City's 2001 budget, expressed the view that there would have to be major cuts in the upcoming budget process and suggested that Council members should cut their salaries by ten percent, to show a leadership role and motivate City agencies, boards and commissions to help Council tackle this problem. On motion of Councillor Titus Seconded by Councillor Chase RESOLVED that the above issue be referred to the budget process with the main principle behind it being that Council members cut their salaries by ten percent. The Mayor noted the forthcoming budget meeting in Committee of the Whole on April 25, and asked if it were the intent for the per diem allowance for Council members to be included in the motion, to which Councillor Titus advised that, as his position on the per diem was clearly on the record, that would be fine by him. Councillor Fitzpatrick, on a point of order, asked for clarification of an indication by Councillor Titus that, as mover of the motion, he could close debate on that motion, to which the Mayor replied that, while normal practice was that the person who put a motion forward was allowed to have the last word on it, the tradition of Council has been not to follow that. (Councillors Ball and Vincent withdrew from the meeting during discussion in the above regard.) Question being taken, the motion was carried. 7. Notice Of Motion Re Capital FinancinQ Read a letter from the City Manager submitting a Notice of Motion as the first step in the permanent financing of certain capital projects, the giving of which does not commit the City to any further action, although it does however place the City in a position to take action after the expiry of thirty days at such time as bond market conditions and opportunities permit; and advising that, at this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued as these will be established at a later date and will be related to the market conditions at that time. Her Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that, I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution: 'RESOLVED that occasion having arising in the public interest of the following public civic works and needed civic improvements, that is to say: Purpose of Issue GENERAL FUND General Government Protective Services Transportation Services Environmental Health $ 591,000 $ 443,000 $ 3,473,000 $ 739,000 87 -936 COMMON COUNCIL APRIL 17, 2000 Environmental Development Recreation and Culture $ 1,774,000 $ 370,000 $ 7,390,000 WATER AND SEWERAGE UTILITY Water System Sewer System $ 1,325,000 $ 2,815,000 Public Transit $ 4,140,000 $ 840,000 $ 1.200,000 $13,570,000 Saint John Energy THEREFORE BE IT RESOLVED that debenture be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $13,570,000."'. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager in the above regard be received and filed. Question being taken, the motion was carried. 8. Canadian Council On Social Development Release Of Report Urban Poverty In Canada Consideration was given to a report from the City Manager submitting a copy of the report Urban Poverty In Canada prepared by the Canadian Council on Social Development (CCSD); advising that the local ad hoc committee consisting of the City's Community Services Department, the Atlantic Health Sciences Corporation, the Human Development Council, Human Resources Development New Brunswick and the United Way of Greater Saint John, which partnered with CCSD approximately three years ago on this project, is currently preparing a summary on the report's findings concerning urban poverty in the Saint John Census Metropolitan Area and plans to present this summary to Common Council in early May. The report also advises that, as the submitted copy of the report does not include the full appendix, complete reports will be provided to Council when they become available; and makes the observation that the report provides statistical data that clearly indicates that Saint John faces different challenges from other New Brunswick or Atlantic Canada cities, providing several comparisons that poverty in Saint John is among the highest in Canada and certainly the highest in Atlantic Canada. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the above report from the City Manager be received and filed. Question being taken, the motion was carried. 9. Easement For Encroachment Of BuildinQ At 181 Adelaide Street Read a report from the City Manager submitting correspondence from the Legal Department advising of a request for a grant of easement permitting the encroachment of a building at 181 Adelaide Street upon Adelaide Street; and recommending adoption of the resolution as set out in this regard. On motion of Councillor Trites Seconded by Councillor White RESOLVED that the Mayor and Common Clerk be authorized, in consideration of the sum of one dollar ($1.00), to execute the grant of easement in favour of Christopher A. Snow and Paulette Marie Snow to permit 87 -937 COMMON COUNCIL APRIL 17, 2000 the encroachment of the foundation of their building at 181 Adelaide Street upon the said Adelaide Street, such easement to terminate with the destruction or removal of such encroachment. (Councillor Ball re-entered the meeting.) Question being taken, the motion was carried. 10. Job Groupings And Salary Adjustments Incumbents Of EiQht ManaQement Positions Consideration was given to a report from the City Manager presenting the recommended groupings for the following eight of the nine remaining management positions which, as previously advised, were delayed from the process of evaluation and ranking when Council approved the Human Resouces Job Evaluation Policy in December 1999: Commissioner of Finance and Commissioner of Corporate Services, Director Admin Corporate Services, Engineering Manager - Transportation & Environment, Engineering Manager - Water & Wastewater, Manager, Building Maintenance, Manager - Visitor & Convention Bureau, MIS Analyst, and Superintendent - Customer Service; advising that the remaining position of Fleet Manager has yet to be filled on a permanent basis. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the proposed job groupings for the eight management positions highlighted in Appendix A, submitted; and that salary adjustments for the incumbents in these positions, where applicable, be effective April 1, 2000. (Councillor Vincent re-entered the meeting.) Question being taken, the motion was carried. 11. Traffic By-law Amendment Re ParkinQ On MontQomerv Crescent Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the Traffic By-law which would eliminate parking on the south side of Montgomery Crescent for its entire length, such amendment having been given first and second readings on April 10, 2000. On motion of Councillor Desmond Seconded by Councillor White 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 Montgomery Crescent, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 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", was read in its entirety. Question being taken, the motion was carried. 12. Legal Session Resolution - Nominee To Board Of Arbitration Re Contract 98-16 Read a letter from the Common Clerk setting out a resolution adopted by Council in Legal Session on April 20, 2000 for a nominee to a Board of Arbitration respecting Contract 98-16. 87 -938 COMMON COUNCIL APRIL 17, 2000 On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Solicitor, Harry Colwell be the City's nominee to the Board of Arbitration with regard to Dean Construction Ltd.'s claims for extra payment on Contract 98-16 respecting water and sewer construction work at Oakland Street, Lloyd Street, Simpson Drive and Francis Street. Question being taken, the motion was carried. 13. Planning Advisory Committee Subdivision 1200 Sand Cove Road On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted tentative subdivision plan and to any required public utility easements with regard to 1200 Sand Cove Road. Question being taken, the motion was carried. 14. Federation Of Canadian Municipalities Re FCM-CH2M Hill Sustainable Community Award On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from the Federation of Canadian Municipalities submitting information on the FCM-CH2M Hill Sustainable Community Award recognizing excellence in municipal service delivery; and encouraging municipal governments of all population sizes to apply for this award, be referred to the City Manager. Question being taken, the motion was carried. 15. Latimore Lake & Area Residents Association Re Pits And Pulp CuttinQ In Area On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from the Latimore Lake & Area Residents Association advising its concerns with regard to (1) Thomas Construction's application to the Provincial Environment Department for a dumping permit for its pit in Latimore Lake; (2) Fundy Bay Holdings having a sign in front of a residentially zoned parcel of land advertising sand and gravel; (3) Mr. Arsenault appearing to be operating a combined junkyard, dump and sand and gravel operation; and (4) the cutting of pulp on Cottage Road, be referred to the City Manager. Question being taken, the motion was carried. 16. Human Development Council - Re Development Of Plan For Its Future On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Human Development Council advising of its disappointment to receive the letter from the City Manager regarding possible elimination of funding; and asking that a committee of Councillors, senior staff and the Human Development Council be established and mandated to develop a plan for the future of the Human Development Council, be referred to the City Manager. 87 -939 COMMON COUNCIL APRIL 17, 2000 Mr. Totten advised that he met with members of the Human Development Council's Board and undertook to ask two or three Councillors to participate with him; however, as this was delayed with the announcement of the Provincial budget just prior to that, he would be seeking some assistance from the Councillors, asking for one or two of them to help staff out and meet on that issue. Question being taken, the motion was carried. The Mayor noted that the next regular meeting of Council would be held on May 1,2000. Adjournment The Mayor declared the meeting adjourned. Common Clerk