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2001-04-23_Minutes 88-464 COMMON COUNCIL APRIL 23, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of April, AD. 2001, at 4:30 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White - and - Messrs. T. 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; W. D. Todd, Director of Information Systems & Support; J. Baird, Manager of Community Planning; G. Yeomans, Comptroller; D. Logan, Purchasing Agent; B. Belyea, Budget Officer; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. K. Holyoke, Assistant Comptroller; 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 Major Larry Bridger of the Salvation Army 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 Tuesday, April 17, 2001, be approved. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary proclaimed May 1 to 31,2001 as Salvation Army Month in the City of Saint John and recognized Kendra Black, President of the Salvation Army Advisory Board and Board members in attendance at the meeting; and Major Larry Bridger expressed appreciation for Council's support to the Salvation Army over the years, and commented on the Red Shield Appeal to be held in May. The Mayor proclaimed May 1, 2001 as Hepatitis C Awareness Day, and May 1 to 31, 2001 as Multiple Sclerosis Awareness Month in the City of Saint John. (Councillor Fitzpatrick entered the meeting during the above remarks.) Mayor McAlary noted, with sympathy, the death on April 21,2001 of Allan H. Bennett, a member of Board of Directors of the Aitken Bicentennial Exhibition Centre and Saint John Non-Profit Housing, and extended condolences to his family. 6. Tender For Fire Department Uniforms On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the tender of Atlantic Police & Security Supply Ltd., at a total cost of $35,890.50, plus tax, be accepted for the supply of new uniforms for the Saint John Fire Department. Question being taken, the motion was carried. 88-465 COMMON COUNCIL APRIL 23, 2001 7. Tender For Contract 2001-4 On motion of Councillor Court Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2001-4, Charles Street retaining wall construction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $47,526, as 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. 8. Tender For Contract 2001-10 On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, Contract 2001-10, Brinley Street - Waterloo Street water and sewer renewal, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $252,196.50, 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. 9. EnQineerinQ Inspection And TestinQ Services 2001 On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the proposal of Jacques, Whitford and Associates Limited, in the amount of $13.80 per cylinder for testing Portland cement concrete, $15,987.67 for testing and/or inspection of asphalt concrete, and professional services for soils compaction testing (an Engineering Technologist at $34.50 per hour and Geotechnical Engineer at $75 per hour) be accepted. Question being taken, the motion was carried. 3. Saint John Abilitv Advisorv Committee - Accessibilitv Report Read a letter from J. Keith MacManus, Chair of the Saint John Ability Advisory Committee, submitting an Accessibility Report designed and compiled by him, Albert Morgan and Barry Freeze, describing in detail areas of the City which are accessible to people in wheelchairs and areas in the City which need improvement. Keith MacManus and Albert Morgan were present at the meeting, and Mr. MacManus highlighted the Accessibility Report which, he advised, was the latest of three reports on which the Board worked with the City's Works Division over the past year and takes in the area of the Viaduct to Union Street to Main Street and the intersection on Station Street, he, Mr. Morgan and City staff member Barry Freeze having walked the area in question, grading the ramps or cutaways in terms of wheelchair accessibility. Mr. MacManus advised the effect on a person in a wheelchair who hits the transition point, or gap, between a cutaway or ramp and the road, as described to him by people in wheelchairs, and also that the Committee, in first doing the routes taken by people in wheelchairs, has completed its assessment of King's Square, Sydney Street, King Street North and South and King Street and also intends to look at Water Street, and thanked Council for having set aside money in the capital budget to work on accessibility issues. The Mayor expressed appreciation to Mr. MacManus and the members of the Saint John Ability Advisory Committee for their work on behalf of the community. 88-466 COMMON COUNCIL APRIL 23, 2001 4. New Brunswick Senior Friendship Games Committee - 10th Anniversarv of Games Consideration was given to a letter from Roly Macintyre, Chair of the New Brunswick Senior Friendship Games Committee, submitting a report on the 10th anniversary of the Senior Friendship Games in 2003. Roly Macintyre acknowledged Jack Brownell, President, and Gerry Hudson, First Vice President, of New Brunswick Senior Friendship Games Inc., and a delegation of senior citizens as part of the volunteer base needed to operate the 2003 Senior Friendship Games; and, in highlighting the report, provided information on the purpose of the Games and why they should be held, the number of participants, resources needed to operate the Games, and the benefits of the Games to the City of Saint John. Mr. Macintyre outlined the budget for the 2003 Games, and requested a grant of $20,000 from the City, over the two-year period of 2002 and 2003, to assist in staging the Games, subject to all other funding being available. Asked if the Committee had any requirement for seed money for 2001, Mr. Macintyre advised that, as the Organizing Committee would start to meet in September and was already putting a team together and in the process of identifying rooms and headquarters, advance money could be used through the Seniors' Resource Centre; and Mr. Totten confirmed the availability of $2,500 in the Unspecified Grants Budget. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that, with regard to the request of the New Brunswick Senior Friendship Games Committee for a grant of $20,000 to assist in staging the 2003 Senior Friendship Games, a grant of $2,500 be approved and the request for the remaining $17,500 be referred to the budget process. Question being taken, the motion was carried. (Councillor Ball withdrew from the meeting.) 10. Agreement With Province - Communication Services For MusQuash Fire Department On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council approve the submitted Agreement Respecting Communication Services between the Department of Environment and Local Government for the Province of New Brunswick and the City of Saint John, relative to services provided to the Musquash Fire Department, subject to a final review of the document as to form by the Legal Department; and the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City. Question being taken, the motion was carried. 11. Agreement With Town Of Grand Bay-Westfield Communication Services For Fire Service On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the submitted Agreement Respecting Communication Services between the Town of Grand Bay-Westfield and the City of Saint John, relative to services provided to the Grand Bay-Westfield Fire Service, subject to a final review of the document as to form by the Legal Department; and the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City. Question being taken, the motion was carried. 88-467 COMMON COUNCIL APRIL 23, 2001 12. Zoning By-law Amendment & Imposing Section 39 Conditions - Re-ZoninQ Of 74 Loch Lomond Road On motion of Councillor Vincent Seconded by Councillor Desmond RESOLVED that the by-law entitled, "C.P. 100-567 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 74 Loch Lomond Road (NBGIC Numbers 322115, 55069876 and 55069884), having an area of approximately 1300 square metres, from "R-2" One and Two Family Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common 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 non-residential use of the site is restricted to a business office, (b) mobile signs are prohibited, and (c) the site must not be developed or used for non-residential purposes except in accordance with a detailed site plan, prepared by the applicant and subject to the approval of the Development Officer, indicating all site features, including buildings and structures, paved driveway and parking area, landscaped areas and location and size of any freestanding sign, and the approved site plan must be attached to the application for building permit for the proposed non-residential use. The by-law entitled, "C.P. 100-567 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. 13. Zoning By-law Amendment To Add To List Of Uses In "US" Utilitv And Service Zone On motion of Councillor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "C.P. 1 00-568 A Law To Amend The Zoning By-law Of The City Of Saint John", by adding the following to the list of permitted uses in the "US" Utility and Service zone, Section 670(1)(a):" - as a secondary use, a dwelling unit for a caretaker or watchman", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "C.P. 100-568 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 with Councillor Desmond voting "nay". 14. Zoning By-law Amendment To Re-Zone Portion Of Bon Accord Subdivision On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled, "C.P. 1 00-569 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning zoning various parcels of land located in the Bon Accord Subdivision, at the western ends of Strathorne Avenue and McGregor Place, also identified as NBGIC Numbers 55147243,55147250,55147268,55147227,55147219, 55147201,55096309,55086755 and portions of 55147185,55096325, 55096317, 55096291,55096283 and 55086714), from "RS-2 One and Two Family Suburban Residential to "R-2" One and Two Family Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "C.P. 100-569 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. 88-468 COMMON COUNCIL APRIL 23, 2001 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 Tuesday, April 17, 2001, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, 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 acquire the fee simple interest in 190 Osborne Avenue (NBGIC Number 25601), as generally shown on the submitted plan, from Phyllis Hanson, for the price of $12,500 (+ HST if applicable), for the purpose of corner widening and street realignment, upon the following terms and conditions: as part of the transaction, the City of Saint John will pay for all survey costs incurred, and pay to a maximum of $300 the legal fees incurred by Phyllis Hanson in connection with this transaction, and further that the Mayor and Common Clerk be authorized to execute all necessary documents. 2. That as recommended by the City Manager, Common Council approve the following changes to the 2001 Establishment: delete one (1) System Specialist, Group 9, CUPE Local 486, and add one (1) Information System Assistant, Group 5, CUPE Local 486. April 23, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 15.1. Acquisition Of 190 Osborne Avenue On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 15.2. Establishment ChanQe On motion of Councillor Court Seconded by Councillor White RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 16. Finance Committee 2000 Financial Statements General Fund, Water And Sewerage Utility And SinkinQ, Reserve And Trust Funds Consideration was given to a letter from Councillor Fitzpatrick, Chair of the Finance Committee, submitting the audited 2000 Financial Statements of the City of Saint John General Fund, Water and Sewerage Utility, and the Sinking, Reserve and Trust Funds to be presented to Council at this meeting, at which time any questions related to the audit should be directed to Ernst & Young representatives who will be in attendance and any questions relating to the operating results or the financial position of the General Fund or Utility should be directed to the Commissioner of Finance in recognition of management's responsibility for the finances of the City and the preparation of the financial statements. 88-469 COMMON COUNCIL APRIL 23, 2001 Councillor Fitzpatrick, Chair of the Finance Committee, recognized the other Committee members Councillors Desmond, Titus and Trites, as well as Ernst & Young and City staff, noting the surplus position of both the General Fund and the Water and Sewerage Utility. Mr. Beckett noted the presence at the meeting of Messrs. Yeomans and Belyea, Ms. Holyoke, and Ernst & Young representative Bill Higgins, and read from the Commissioner of Finance's report on the City of Saint John 2000 Audited Financial Statements (copies of which were distributed to Council members at this meeting), referencing the General Fund surplus of $860,595 and the Water and Sewerage Utility surplus of $871,694 and summarizing the major contributing factors for the former in terms of both positive and negative variances. Mr. Yeomans reviewed the City of Saint John Ten Year Highlights as at December 31,2000, submitted as part of the Commissioner of Finance's report, highlighting some of the significant trends that have emerged over the past ten years in the City's General Operating Fund. The Mayor, referencing in the Schedule of Expense Items in the 2000 Operating Fund the $50,000 and $310,000 amounts under cultural expenses for the New Brunswick Museum, expressed the understanding that the City has not paid the $310,000, and Mr. Beckett advised that, while that money has not been paid, the Province is withholding certain revenue items that are owing to the City to offset that amount, and discussions were still underway with the Province to resolve the actual amount that would be owing in relation to the Museum. Mr. Totten added that the City has finalized its position in this regard and he is hopeful that by the end of this week staff of both the Province and The Hardman Group will agree with the City's position, and a report would be forthcoming to Council. Ernest & Young representative Bill Higgins, having been asked to advise the City's financial status in terms of good, fair or poor, advised that, from Ernst & Young's perspective, the City's financial status was good, and referenced the Auditors' Report included in the Financial Statement in terms of the Auditors' unqualified opinion stating that the financial statements present fairly, in all material respects, the financial position of the General Fund of the City as at December 31, 2000 and the results of its operations and the source and application of its capital financing for the year then ended in accordance with generally accepted accounting principles adopted for New Brunswick municipalities. Mr. Totten noted that the City has had a plan in place that has allowed this and former Councils over the last decade, by charging off capital expenditures against current operations, to expend $17 million on capital assets and not borrow a cent and, had such a policy not been in place, the City would have been another $17 million in debt. (Councillor Ball re-entered the meeting.) On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the audited financial statements of the City of Saint John General Fund, the Water and Sewerage Utility and the Sinking, Reserve and Trust Funds for the year ended December 31, 2000 be approved as presented. Question being taken, the motion was carried. 17. Parking Commission - Appointment Of Bv-Iaw Enforcement Officer Read a letter from the Saint John Parking Commission requesting Council's approval of the resolution as set out. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-law, namely: Michael Ryan, and further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 88-470 COMMON COUNCIL APRIL 23, 2001 18. Environment Committee - SmokinQ Bv-Iaw On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from the City of Saint John Environment Committee advising that, following completion of its review of the environmental issues in the Comprehensive Community Plan, the Committee would address the Smoking By-law covering the recommendations made by David Boudreau, in his presentation to Council on April 2, 2001 on behalf of the Saint John High School 120 Law Class, be received and filed. Question being taken, the motion was carried. 19. Race Committee, Saint John Police Force Request For Donation To 3rd Annual Race On motion of Councillor Titus Seconded by Councillor White RESOLVED that the letter from Cst. John Parks on behalf of the Race Committee, Saint John Police Force, requesting a donation of $150 to the 3rd Annual 'Catch the Bug' road race to be held on June 17,2001, the proceeds remaining from the run to be awarded in the form of a scholarship to the Atlantic Police Academy for a Saint John resident, be received and filed and the request for $150 be granted. Question being taken, the motion was carried. 20. Taco Pica Worker Co-Operative Ltd. - Serving Of liquor At Patio Tables & Chairs, 96 Germain Street On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the letter from Taco Pica Worker Co-Operative Ltd. requesting approval to serve liquor at four patio tables with five chairs each at the front of Taco Pica Restaurant at 96 Germain Street starting this summer, be referred to the City Manager. Question being taken, the motion was carried. 21. R. E. Darling Ltd. - Re-Zoning Of Property On Lakewood Avenue On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of R. E. Darling Ltd. for the re-zoning of property on Lakewood Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 11, 2001. Question being taken, the motion was carried. 22. Jeffery Dutchak & Fellow Skateboarders Request For Skate Park In Red Head On motion of Councillor Desmond Seconded by Councillor White RESOLVED that the letter from Jeffery Dutchak submitting signatures of fellow skateboarders, with the request for a skate park in Red Head, be referred to the City Manager. Question being taken, the motion was carried. 88-471 COMMON COUNCIL APRIL 23, 2001 Adjournment The Mayor advised the intent, after a short break, to meet in Committee of the Whole, and declared the meeting adjourned. Common Clerk