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2000-11-14_Minutes 88-234 COMMON COUNCIL NOVEMBER 14,2000 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourteenth day of November, AD., 2000, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Titus, Trites, Vincent and White - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Deputy City Manager; J. C. MacKinnon, Commissioner of Environment and Development Services; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; S. Lodhi, Manager of Real Estate and Facility Management; 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. David Warren of the Saint John Foursquare 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 November 6, 2000, be approved. Question being taken, the motion was carried. 3. Uptown Saint John Inc. - Year 2001 BudQet Consideration was given to a letter from Margaret M. Campbell, General Manager of Uptown Saint John Inc., submitting the Uptown Saint John Inc. 2001 budget to be presented at this meeting. David O'Brien, President; Margaret Campbell, General Manager, and several members of the Board of Directors of Uptown Saint John Inc. were present at the meeting in the above regard, and Mr. O'Brien, in addressing Council, pointed out that, as Uptown Saint John Inc. has not as yet received the final assessment figure from the Province, the business improvement levy of 13 cents per $100 was only an approximation and, while it is anticipated that the BIA levy may be down slightly, the figure will be adjusted based on the precise figure once it is received from Fredericton. Mr. O'Brien, in highlighting activities carried out in the Year 2000 by Uptown Saint John Inc., commented in terms of Uptown Saint John Inc.'s greatest priority over last year in working with Council as the City and its sister organizations - the Saint John Development Corporation, Enterprise Saint John, the Board of Trade, the Port Authority and the Parking Commission to promote redevelopment of the waterfront, and expressed appreciation to City staff members with whom Uptown Saint John Inc. is involved for their work in helping to make the Uptown a better place. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that authority be granted for the necessary advertising with regard to the Year 2001 budget of Uptown Saint John Inc. Question being taken, the motion was carried. 88-235 COMMON COUNCIL NOVEMBER 14,2000 4. Mayor's Remarks Mayor McAlary extended condolence to the family of the late Bruce Coombs, a member of CUPE Local 18 Outside Workers in the City's Works Division, who passed away on November 7,2000; and expressed appreciation to the members of the Saint John Police and Fire Departments for their participation in the November 11, 2000 Remembrance Day ceremonies in the City. The Mayor proclaimed November 2000 as Family Violence Prevention Month in the City of Saint John. 5. Noise By-law On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the letter from Councillor Desmond noting that the Noise By-law does not cover noise made by machinery operated by companies in close proximity to residential housing which do not have their equipment in buildings, and suggesting that this be given to staff for addition to the Noise By-law, be referred to the City Manager with the idea of including in the Noise By-law a provision with respect to industrial noise in residential areas. Question being taken, the motion was carried. 6. Truck Traffic On Ocean Westway On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Councillor Desmond recommending that the issue of truck traffic on Ocean Westway from the off ramp at #7 Highway to the intersection of Ocean Westway and King William Road be referred to staff for a by-law prohibiting truck traffic on this portion of Ocean Westway and, after the by-law has been drafted, that letters be sent to all trucking companies in the Spruce Lake Industrial Park, be referred to the City Manager. Question being taken, the motion was carried. 7. Tender For Fire Pumper On motion of Councillor Vincent Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Metalfab Ltd., in the amount of $358,800, plus tax, be accepted for the supply of one new fire pumper in accordance with City of Saint John Bid Number 2000-421001 P. Question being taken, the motion was carried. 8. 2000-2001 Christmas Decorative LiQhtinQ ProQram On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the Board of Commissioners of Saint John Energy be approached to fund 100% of the costs of the Christmas decorative lighting program for the Year 2000. Question being taken, the motion was carried. 9. Sublease Of 12th Floor Of City Hall BuildinQ Read a report from the City Manager advising that, after considerable negotiations with the Province, NBTel and Enterprise Saint John, the Spiegel Group short listed Saint John as a potential site for its new 500 to 600 person catalogue contact centre, the Spiegel Group's location decision having come down to which jurisdiction 88-236 COMMON COUNCIL NOVEMBER 14,2000 could provide temporary space to immediately set up a 100-person operation; and submitting a proposed sublease agreement for Council's approval for space on the twelfth floor of the City Hall building. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the City of Saint John sublease the 12th floor of 15 Market Square (City Hall) to Group Teleservices - Canada Inc., on terms and conditions similar to those submitted, and the Mayor and Common Clerk be authorized to execute the sublease agreement. Question being taken, the motion was carried. 10. Purchase Of Land 120 Kennebecasis Drive Consideration was given to a report from the City Manager advising that Ron Lister, owner of the 120 Kennebecasis Drive property, has submitted an amending subdivision plan which indicates three lots plus Part "V" for conveyance to the City as an easement over a stream that is part of the existing storm draining system and, as the Legal Department has advised that municipal service easements are not appropriate for streams, the City owns the adjacent Part "X" and other stream property in the area and Mr. Lister has agreed to sell Part "V" subject to Council approval. On motion of Councillor Ball Seconded by Councillor White RESOLVED that as recommended by the City Manager, the City of Saint John acquire a fee simple interest in Parcel "V" at 120 Kennebecasis Drive (as per the submitted plan) in a :t 510 m2 portion of NBGIC Numbers 45328 and 55029904, as generally shown on the submitted plan, from Ron Lister, for a price of $1,200 (HST, if applicable) and $500 (approximately) towards the legal and survey costs. Question being taken, the motion was carried. 11. Termination Of Lease. 154 Thorne Avenue Read a report from the City Manager referring to the lease of a portion of City land located at 154 Thorne Avenue to Debmar Enterprises Ltd. to facilitate a fruit and vegetable stand, and advising that, as the proposed business did not flourish as planned and the vegetable stand has not opened in the over two years, Gerry Gallagher of Debmar Enterprises has requested that his lease be terminated. On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the lease between the City of Saint John and Debmar Enterprises Ltd. for the land at 154 Thorne Avenue be terminated and any rent owed to the City of Saint John after September 1, 2000 be forgiven. Question being taken, the motion was carried. 12. MindCare New Brunswick Skate To Care 2001 Consideration was given to a report from the City Manager advising of staff's review of MindCare New Brunswick's request to Council on October 2, 2000 for financial support, sponsorship of a team of skaters and continued in-kind services and the involvement of City staff members Randy Nelson and Kevin Watson for Skate To Care 2001; and setting out a recommendation in this regard. 88-237 COMMON COUNCIL NOVEMBER 14,2000 On motion of Councillor White Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council advise MindCare New Brunswick that (1) due to the level of in-kind support the City of Saint John provides to Skate To Care, it is unable to provide additional financial support; (2) the City will continue with the same in-kind support that MindCare New Brunswick has enjoyed in the past; (3) the City will provide sponsorship to a volunteer team of employees; and (4) Randy Nelson and Kevin Watson will be available to assist the organizing committee with Skate To Care 2001. Question being taken, the motion was carried. 13. LeQal Session Resolution Read a letter from the Common Clerk setting out a resolution from the November 6, 2000 Legal Session of Council. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED as recommended by the City Solicitor, the Mayor and Common Clerk be authorized to execute the submitted settlement agreement in the matter of George Freeze et ux (Plaintiffs) and Peter J. Lewis et ux (Defendants) and the City of Saint John et al (Third Parties). Question being taken, the motion was carried. 14. LeQal Session Resolution Consideration was given to a letter from the Common Clerk setting out a resolution from the November 6, 2000 Legal Session of Council. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the Mayor and Common Clerk be authorized to execute the non-waiver agreement with CGU Group Canada Ltd. which was presented to Common Council in Legal Session on November 6, 2000. Question being taken, the motion was carried. 15. 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 November 6, 2000, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, the City of Saint John sell Parcel "Y" on Egbert Street (being a 785:t m2 portion of NBGIC Number 411710), reserving out an easement for municipal services as generally shown on the submitted plan, to George W. Stackhouse & Sons Ltd.), in consideration for the acquisition of Parcel "Z" (being a 660:t m2 portion of NBGIC Number 19828), land owned by George W. Stackhouse & Sons Ltd.), provided by George W. Stackhouse & Sons Ltd. prepares and pays for the subdivision plan required to facilitate the conveyance of lands, and 88-238 COMMON COUNCIL NOVEMBER 14,2000 grants by way of the subdivision plan a municipal services easement over NBGIC Number 19828 as shown on the submitted plan, and further that the Mayor and Common Clerk be authorized to execute the necessary documents. 2. That as recommended by the City Manager, the City of Saint John acquire the fee simple interest in 1835 Latimore Lake Road (NBGIC Number 434050) from the Toronto Dominion Bank for the purchase price of $12,900 (plus HST, if applicable) with a closing date of on or before November 24,2000, and the Mayor and Common Clerk be authorized to execute the submitted Agreement of Purchase and Sale. 3. That as recommended by the City Manager, the City of Saint John purchase the fee simple interest in 420:t m 2 of property at 3542 Loch Lomond Road (NBGIC Number 327056) from Bruce and Emily Lawlor, for the price of $1,800 ($4.29 /m 2 :t), provided that the City of Saint John will: prepare and pay for plan of survey; pay HST in addition to the above-noted sum, if applicable; pay up to $500 for the legal fees incurred by Bruce and Emily Lawlor to complete this transaction; and further compensate Bruce and Emily Lawlor $1,500 for the cost to relocate their garage (plus HST, if applicable). 4. That as recommended by the Nominating Committee, Greg Hierlihy be appointed to the Saint John Transit Commission for a term to expire June 2001, replacing Donald Smith who has resigned. 5. That as recommended by the Nominating Committee, Councillors Trites and Titus be re-appointed to the Board of Trustees of the City of Saint John Pension Plan. 6. That as recommended by the Nominating Committee, James K. Horgan be appointed to the Atlantic Health Sciences Corporation for a term to expire June 2003, replacing Bill Dashwood who has resigned. Tuesday, November 14, 2000, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Easement & Land ExchanQe. EQbert Street On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. (Councillor Court entered the meeting.) 15.2. Acquisition Of Land 1835 Latimore Lake Road On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 15.3. Purchase Of Land 3542 Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 88-239 COMMON COUNCIL NOVEMBER 14,2000 15.4. Appointment To Transit Commission On motion of Deputy Mayor Chase Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 15.5. Appointments To Pension Board On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 15.6. Appointment To Atlantic Health Sciences Corporation On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 16. The Saint John Jeux Canada Games Foundation ResiQnation And Appointment Of Governor On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from The Saint John Jeux Canada Games Foundation, Inc., advising of the resignation of Norman C. Sinclair as a Governor of the Foundation, and the proposal to formally recognize him at the time of the annual meeting this coming spring; and recommending that William G. Bartlett, C.A., be appointed a Governor of the Canada Games Foundation for the unexpired term of Mr. Sinclair or until his successor is named, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 17. Fundy Region Solid Waste Commission Submission Of Annual BudQet For Year 2001 On motion of Councillor White Seconded by Councillor Ball RESOLVED that the letter from the Fundy Region Solid Waste Commission submitting a copy of its proposed capital and operating budget for the fiscal year 2001 on which the Commission will vote on December 12, 2000; and offering to attend a meeting of Council as may be required to discuss and explain the details of the proposed budget, be referred to the City Manager for consideration in the budget process. Councillor Chase, Council's representative on the Commission, noted the presence at the meeting of Jens Jensen, General Manager of the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 88-240 COMMON COUNCIL NOVEMBER 14,2000 18. Board Of Police Commissioners Trucks On Westmorland Road On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its acceptance of the Chief of Police's submitted report in response to Brian McLain's complaint to Common Council on September 5, 2000 about trucks on Westmorland Road, and also that it supports the staff recommendation that the Traffic By-law be amended to increase the penalty for violation of the truck route provision to $35, be received and the City Manager be requested to initiate the process to increase the minimum fine. Question being taken, the motion was carried. 18A. Board of Police Commissioners - Police Facility On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its approval on October 3, 2000 of the recommendations of Duchenes & Fish (DFS) Architects, which was awarded the contract for architectural services including site selection, design and costs for the construction of a new police facility, and its final approval for the report's release at its November 7,2000 meeting; and requesting an opportunity to meet with Council in open session to deliver a presentation on the findings of the report, be received and a date be set for the Commission to meet with Council in this regard. Question being taken, the motion was carried. 19. Alexander Robertson - Christmas Decoration On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the letter from Alexander Robertson of 242 Prince William Street submitting scale sketches of a planter he wishes to install which would accommodate saplings for Christmas decoration and, in the spring, small shrubs and flowers; and expressing the view that his end of Prince William Street is bleak and could well use some attention, be referred to the City Manager for consideration and, if at all possible, to work with Mr. Robertson to carry this out. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting the adjourned, and noted the intent to meet in Committee of the Whole at this time. Common Clerk