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2001-05-12_Minutes 88-400 COMMON COUNCIL MARCH 12, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of May, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor Chase and Councillors 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. Edwards, Building Inspector; 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. Tim Davidson of the Saint John Vineyard Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor White RESOLVED that minutes of the meeting of Common Council, held on March 5, 2001, be approved. Question being taken, the motion was carried. 3. Environment Committee - Slopes & Erosion The Mayor advised that, as the Environment Committee member who was to make a presentation at this meeting was unable to attend, the presentation on unstable slopes and coastal erosion would have to be held at another Council meeting. On motion of Councillor Desmond Seconded by Deputy Mayor Chase RESOLVED that the presentation on behalf of the City of Saint John Environment Committee, with regard to unstable slopes and coastal erosion, be laid on the table until the Committee member concerned is available to make the presentation. Question being taken, the tabling motion was carried. (Councillor Vincent entered the meeting.) 4. Non-SmokinQ Poll On motion of Deputy Mayor Chase Seconded by Councillor Desmond RESOLVED that the letter from Deputy Mayor Chase submitting a collection, to date, of comments and replies he has personally received as to what the writer wishes to see accomplished with the non-smoking poll currently underway (electronically), be received and filed. Question being taken, the motion was carried. 88-401 COMMON COUNCIL MARCH 12, 2001 5. SmokinQ Bv-Iaw Read a letter from Councillor Chase advising that he wished to lift from the table the issue of Saint John's Smoking By-law, which was tabled at the last meeting, and to move that the City's Environment Committee be asked to review the By-law for recommendation of any changes or status quo, and recommending that, as part of the Environment Committee's recommendation process, it have input from the public. On motion of Councillor Chase Seconded by Councillor Fitzpatrick RESOLVED that the issue of Saint John's Smoking By-law be taken from the table. Question being taken, the motion was carried. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that agenda item 7, being background on the Smoking By-law, be brought forward for consideration with agenda item 5. Question being taken, the motion was carried. 7. SmokinQ Bv-Iaw - BackQround Consideration was given to a report from the City Manager providing background information on By-law Number M-117, the Saint John Smoking By-law, enacted by Council in June 1993 in response to recognition that passive exposure to tobacco smoke has been linked to negative health conditions, such as cancer, stroke, heart disease and respiratory illness, and intended to regulate/prohibit smoking in indoor public spaces, with some exceptions as indicated in the By-law; apprising Council of the City's efforts in terms of enforcement, although when the By-law was enacted it was not anticipated that individuals would be prosecuted and enforcement is focused on the physical layouts of regulated areas which staff inspects to ensure that the requirements are met, with the proprietors of the establishments being under no obligation to ensure that patrons respect the intent of the By-law (i.e., smoking only in designated areas); advising that the City's experience has been that the By-law does operate as intended and is supported by proprietors and patrons alike and, with regard to complaints to the Building Inspector's Office in the order of one to six complaints each year, the one legitimate complaint in 2000 relating to a bowling alley was discussed with the operator and resolved; and noting the recent requests from some members of the public to make Saint John one hundred percent smoke free on the basis that Council does not have that authority and the only way to achieve that would be for the Government to "outlaw" the sale and consumption of tobacco in the Province. Councillor Chase proposed a motion to refer the Smoking By-law to the Environment Committee for review and a report to Council and, in response to Councillor Fitzpatrick's question as to whether or not the referral was for the Committee's opinion but not to go out for public consultation, he advised that he would put full faith in the Committee to do what it felt necessary to bring back an appropriate recommendation to Council. The Mayor noted that there was no seconder to the motion, and asked if someone wanted to move a motion to receive and file the items. On motion of Councillor Desmond Seconded by Councillor White RESOLVED that agenda items 5 and 7 be received and filed. Question being taken, the motion was carried. 88-402 COMMON COUNCIL MARCH 12, 2001 6. Recycling Statistics & Budget Of Fundv ReQion Solid Waste Commission Consideration was given to a letter from Councillor Chase advising that he wished to address the following two issues with respect to the Fundy Region Solid Waste Commission: (1) the recycling statistics from the blue bin program, and (2) the decision of the Commission's Executive Committee to ask the Minister of Local Government and Environment to remove the provision that budgets can only be passed by 2/3 approval of those present representing 2/3 of a region's population which, effectively, gives Saint John a veto power over the budget. Councillor Chase compared the recycling statistics for January and February 2000 and 2001 as indicated in the above letter, and advised his concern about the Commission's decision to ask the Minister of Local Government and Environment to remove the provision for a 2/3 approval for budgets in that Saint John could lose its veto power over the budget. On motion of Councillor Chase Seconded by Councillor Desmond RESOLVED that a letter be forwarded to the Minister of Local Government and Environment, The Honourable Kim Jardine, reminding her of the importance of the veto power of a 2/3 majority of 2/3 present for approval of a regional solid waste commission's budget, and advising that the City of Saint John does not want this provision to be removed. Councillor Trites advised that he would be meeting in Fredericton tomorrow and Wednesday as a member of the Minister's Round Table on Governance, and one of the presentations to come forward during that time would be on solid waste commissions; and during discussion Councillor Chase was asked to provide information to Council on the composting program, including the type of cart to be purchased, the difference in the price of the carts purchased and those used in the Commission's pilot project, whether or not sewage sludge would be accepted at the composting facility, an updated cost on the landfill site to date related to the initial estimated cost of $12 million to $15 million, and whether or not the cell at the landfill is filling more rapidly than initially expected; and the City Manager was asked to advise the City's cost to equip its sanitation trucks with devices to lift the composting carts of the type to be purchased and, if sewage sludge was not accepted as compost, the additional cost to the City to take it to the landfill. Question being taken, the motion was carried. 8. Zoning By-law Amendment To Provide For Dwelling Unit For Caretaker Or Watchman In "US" Utilitv And Service Zone On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the report from the City Manager advising that Municipal Operations and Engineering has expressed a desire to have the Zoning By-law amended to provide for a residence for a watchman or caretaker where deemed necessary for safety and security purposes in that it is proposed that a caretaker's station be constructed at the Latimer Lake water treatment plant off Eldersley Avenue, which is outside the actual watershed boundary and would be located more than 150 metres from the edge of the Lake as required by the general provisions of the Zoning By-law; submitting as Schedule "A" a proposed amendment to the Zoning By-law that would permit a dwelling unit for a watchman or caretaker as a secondary use to the main utility and service facility in the "US" Utility and Service Zone; and recommending that Common Council refer the proposed amendment to the Planning Advisory Committee for a report and recommendation, authorize the advertisement and set a public hearing date of Monday, April 2001, at 7:00 o'clock p.m. for consideration of the amendment, be received and filed and the recommendation adopted. Councillor Desmond noted that, while the above report refers to a caretaker/watchman residence at the Spruce Lake water treatment plant, it does not mention the house at Robertson Lake which the City owns and he would like to know 88-403 COMMON COUNCIL MARCH 12, 2001 what happened to it; asked, if damage at the watershed were an issue, who would look after the house when the employee living in it went on holidays; and advised that he did not know if the reason for putting a house on the Lake was justified. Question being taken, the motion was carried with Councillor Desmond voting "nay". 9. Tender For Motorized LiQht Equipment On motion of Councillor Titus Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender for the supply of new motorized equipment for various areas of the City's operations be awarded to the lowest bidder in each case, at the unit prices as indicated with taxes being extra, as follows: Tender Item 231001T 1 compact wagon 231002T 5 passenger sedans 232001T 5 2WD 1/2 pickups 232002T 3 4WD 1/2 pickups 232003T 2 4WD 3/4 pickups 232004T 1 4WD/ c/w dump body and plow 1 4 WD cab and chassis 1 cargo van 1 4WD extended cab and chassis 1 3/4 ton 4WD c/w plow Bidder Downey Ford Sales Downey Ford Sales Dobson Chrysler Dobson Chrysler Downey Ford Sales Unit Price $19,543.00 $20,804.00 $21,435.58 $24,391.58 $38,993.00 Parkway Mercury $52,330.00 232005T 232006T 232007T Downey Ford Sales Centennial Pontiac $31,678.00 $25,791.00 Downey Ford Sales $53,926.00 232010T Downey Ford Sales $37,315.00. Question being taken, the motion was carried. 10. Tender For Traffic SiQnal Equipment On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for the supply of various components of traffic control equipment be awarded to the lowest tenderer(s) in each case with the exception of items 2 and 3 which will be grouped and awarded to the lowest total cost bidder, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 11. Tender For Janitorial Services On motion of Councillor Trites Seconded by Councillor White RESOLVED that as recommended by the City Manager, the tender of Jani-King Ltd., in the amount of $5,639 (including Options A & B as indicated in the submitted summary) per month, be accepted for the provision of cleaning services to that portion of the City Hall Complex presently occupied by the City of Saint John, for a period of two years. Question being taken, the motion was carried. 12. Maintenance Of WatercourselDrainaQe System Consideration was given to a report from the City Manager referring to an issue raised at the June 12, 2000 Council meeting concerning the drainage system running from Blackall Lake, under Loch Lomond Road, to the Little River, at which time a request was made to have this stream ditched along a section below Loch Lomond Road where it has silted up and water overflows onto adjacent fields; advising that this 88-404 COMMON COUNCIL MARCH 12, 2001 request has been considered and researched by staff but the requested excavation work has been deemed not a public responsibility as the affected part of the stream in question is on private property and public funds are not utilized for improvements to private property - as a matter of practice or principle. The report also advises that, subsequent to the original request, the suggestion was made that the City carry out the requested work as storm water runoff from the public right-of-way enters the stream (presumably carrying sand and debris with it and contributing to the silting of the streambed) and, in fact, storm drainage from the upper section of Bon Accord Subdivision plus a section of Loch Lomond Road and a number of private properties is directed into this stream; further advises that it is difficult to determine, with certainty, whether runoff from the public right-of-way has materially worsened the natural silting process; and cautions against taking a decision to proceed with the requested excavation work because of the tenuous, if any, connection between runoff from the right-of-way and the current conditions in the lower streambed in that such an excavation would presumably obligate taxpayers generally to assume this responsibility into the future and could be regarded as a precedent-setting action for other situations where water flows from the public right-of-way into watercourses across private property. On motion of Deputy Mayor Chase Seconded by Councillor White RESOLVED that the above report from the City Manager be received and filed. Councillor Desmond spoke on the basis of his view that this was the City's problem and it should do what was reasonable to make the two people named in the above report satisfied that their property was not going to be flooded, and it was not fair to expect them to look after it. Councillor Vincent, in agreeing with Councillor Desmond's points, asked why the City would not clear the ditches out, and Mr. Groody responded on the basis that, as indicated in the above report, staff would not suggest that this would fall within the City's responsibility and would require work on private property which did not fall within the City's mandate and, more importantly, that staff believed that the most significant contributing factor to the drainage problem rested not with the City but with the natural flow from the Lake down the stream to the flatland at the bottom, thus for those reasons the City of Saint John should not be involved on the property concerned. The Mayor asked for the City Solicitor's input in this regard, and Mr. Nugent expressed the view that the critical point, from a legal perspective, was that Council should be always cautious about accepting responsibility where there was an absence of clear evidence that it was a problem caused by any action or inaction on the City's part and the above report makes reference to a tenuous if any connection between the runoff and the problem that was being described and, on that basis, he would think that the appropriate thing to do would be proceed as the City Manager has suggested in the report. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillors Desmond and Vincent voting "nay". 13. Design And Construction Management Spruce Lake Dam Reconstruction Consideration was given to a report from the City Manager advising the results of a public call for proposals for consulting engineering services for the reconstruction of the Spruce Lake dam for which proposals were received from Acres International Limited, ADI Limited, AMEC E&C Services Limited, CBCL Limited and Gemtec Limited, with the submission from Acres International Limited meeting all of the requirements of the proposal in a manner acceptable to the review committee of staff, with a cost-effective bid for the project of approximately $146,300. On motion of Councillor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of Acres International Limited be accepted for engineering services (design and construction management) for the reconstruction of the Spruce 88-405 COMMON COUNCIL MARCH 12, 2001 Lake dam, and the Mayor and Common Clerk be authorized to execute the appropriate contract documentation. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 14. 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 5, 2001, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Solicitor, Council authorize the purchase of professional liability coverage through the New Brunswick Law Society for two lawyers in the Department at an annual cost of approximately $5,000, further to the introduction of the Land Titles System in Saint John County on February 19, 2001 requiring any lawyer engaged in the transfer of title to land to have such insurance. 2. That as recommended by the City Manager, the City of Saint John acquire, for future street purposes, a 408 m2 :t portion of 20 Galbraith Place, as generally shown on the submitted plan, from Tabufile Atlantic Ltd. for the price of $15,000 (plus HST if applicable), and an 850 m2 :t portion of 11 Galbraith Place, as generally shown on the submitted plan, from Superior Propane Inc. for the price of $15,000 (plus HST if applicable). 3. That as recommended by the City Manager, the City of Saint John purchase the fee simple title to Lots 87-1,87-2,87-4, 85-5, 87-6, 87-8 and 87-10 as shown on the plan filed in the Saint John County Registry Office on February 15, 1988 as number 2264, from Loch Lomond Park Inc., for $112,000 (plus HST if applicable), on or before May 30, 2001; and further that the City of Saint John purchase 250 :t acres of NBGIC Number 351403, as generally shown on the submitted plan, for $130,500 (plus HST if applicable), on or before June 30, 2001; provided on closing, Loch Lomond Park Inc. grant to the City of Saint John an irrevocable option arising five years from the date of closing for 90 days to purchase the remaining acreage of NBGIC Number 351403 (as generally shown on the submitted plan) for $1 (plus HST, if applicable). March 12,2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 14.1. Purchase Of Professional Liabilitv CoveraQe On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 14.2. Acquisition Of Land Galbraith Place On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. 88-406 COMMON COUNCIL MARCH 12, 2001 Question being taken, the motion was carried. 14.3. Acquisition Of Land For Watershed Purposes On motion of Councillor Court Seconded by Councillor White RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 15. Saint John Board Of Police Commissioners Re Election Of Officers On motion of Councillor Desmond Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its election of officers as follows: Mr. Edward W. Keyes, Chairman, Mr. William D. Farren, Vice Chairman, and Dr. G. Edward Lund, Secretary, be received and filed. Question being taken, the motion was carried. 16. Saint John Automobile Dealers Association Mobile SiQnboard Use And Location On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Saint John Automobile Dealers Association going on record as supporting Council's efforts in standardizing the location and use of mobile signboards, be received and filed and the Association be thanked for its letter. The City's action in the above regard was questioned to which Mr. Edwards advised that there was no new initiative being undertaken by the City with respect to the location of such signs, although standards were contained in the Zoning By-law on the positioning of the signs, how far they can be from property lines, how many square feet can be advertised and those sorts of things. Question being taken, the motion was carried. 17. Dante Foriere - Amendment To Section 39 Conditions Of Re-ZoninQ Of 10 Tim Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Dante Foriere for an amendment to the Section 39 conditions of the re-zoning of property located at 10 Tim Street 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 Tuesday, April 17, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. Philip J. Lee & Roberta W. Lee Need For Well- TestinQ Subsidy On motion of Councillor Chase Seconded by Councillor Titus RESOLVED that the letter from Philip J. Lee and Roberta W. Lee submitting a copy of their letter to the Fundy Region Solid Waste 88-407 COMMON COUNCIL MARCH 12, 2001 Commission regarding an urgent need of residents in the "host community" for well- testing subsidies; and advising that, as they are aware that there is currently some controversy over the proper spending of the funds entrusted to the Fundy Future Benefits Council, they trust that Council will give serious consideration to their concerns as expressed in their letter to the Commission, be received and filed. During discussion Councillor Chase, Council's representative on the Fundy Region Solid Waste Commission, apprised Council on the two sets of water tests done, one being the Commission's three-tiered well monitoring system which involves the monitoring of wells drilled near the cell, near the perimeter of the landfill and off-site; the second being residential well testing carried out by the Department of Environment; and advised that, having had a lengthy discussion with the Department of Environment earlier this date, it was indicated to him that there was not a problem with the wells related with the landfill. Question being taken, the motion was carried. 19. Julie Esselmont - Condition Of Brick Sidewalks On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Julie Esselmont commenting on the condition of the City's brick sidewalks in that the deterioration of the bricks is causing considerable concern, leaving large gaps, icy holes and other problems which are particularly dangerous to seniors and disabled citizens and to women who often wear narrow heals as they constantly catch on a heel thus inhibiting walking; suggesting that the uptown sidewalks should be an immediate priority even if it is necessary to sacrifice or delay the proposal of making Water Street a two- way street, be referred to the City Manager. Question being taken, the motion was carried. 20. Saint John Board Of Trade Nominees To Enterprise Saint John Read a letter from the Saint John Board of Trade noting that the term of office for two of its nominees to the Board of Directors of Enterprise Saint John will expire shortly, and recommending that Darryl Goyetche, General Manager of the Board, be re-appointed, and Gary Smith be appointed to the Board of Enterprise Saint John to serve three years beginning April 1, 2001. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Saint John Board of Trade, Darryl Goyetche be re-appointed and Gary Smith be appointed to the Board of Enterprise Saint John for a three-year term beginning April 1, 2001. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk