Loading...
2001-10-09_Minutes 88-690 COMMON COUNCIL OCTOBER 9, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the ninth day of October, AD., 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Building and Inspection Services; R. Pollock, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. M. Totten, Director of Tourism; 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 offered the opening prayer. (Councillor Chase withdrew from the meeting.) 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on October 1, 2001, be approved. Question being taken, the motion was carried. 7. Queen's Visit Consideration was given to a letter from Councillor Teed regarding the anticipated visit to New Brunswick in 2002 by the Queen of Canada. Councillor Teed proposed a motion, which was not seconded, that (a) appropriate action be taken respecting the Queen's visit to have Saint John included, and (b) a committee of citizens be established to assist in coordinating any visit to Saint John. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above matter be referred to the City Manager for an update. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. 8. Future Street Planning For Persons Using Roller Blades & Similar Wheeled Means of Transportation Consideration was given to a letter from Councillor Teed concerning the growing interest in the actual use of roller blades as a means of travel and as a healthy form of exercise, advising that there is a growing number of progressive cities where there is a special travel section between the street proper and the usual pedestrian sidewalk for use by wheeled forms of travel which use physical power such as roller 88-691 COMMON COUNCIL OCTOBER 9, 2001 blades; and expressing the view that it would seem reasonable to have this concept considered as to the feasibility and means of implementation. Councillor Teed proposed a motion, which was not seconded, that the Planning Department be asked to investigate the concept that, in future planning of streets, there be a provision for a travel section to enable persons roller blades and similar wheeled means of transportation using physical power to proceed from one area in the City to another. The Mayor asked if the motion were to refer the matter to the City Manager and appropriate staff, to which Councillor Teed replied in the affirmative. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the above matter be referred to the City Manager. Councillor Trites advised that he had difficulty with the proposal when looking at the condition of the City's current roads, and that, if the City were to start to look at added lanes for people on roller blades or whatever in new subdivisions, ultimately one would come to a dead-end no matter where one went, and also it would probably be looked upon by the development community as an impediment because it would cost more to develop sites, thus the idea in his view might be one before its time. Question being taken, the motion was carried with Councillor Trites voting "nay'. 9. Liaison Councillors For Civic Departments Read a letter from Councillor Teed expressing the view that the matter of ensuring that a greater understanding and appreciation of the work, problems and achievements of the various City departments by Council members was something that should be of concern to Council, and proposing that the policy of appointing liaison Councillors to the City departments be reinstituted at least for a trial period. Councillor Teed proposed a motion, which was not seconded, that the past policy of Council appointing Councillors to be liaison Councillors be instituted on a trial basis, and the Nominating Committee bring in a recommendation of Councillors to be appointed as liaison Councillors to the various departments in the City organization. The Mayor noted that, for the four civic unions, the policy was already in place, although there was no change made this Council term in the liaison Councillors who were appointed during the last Council term. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above letter be received and filed. Councillor Trites advised that he proposed the above motion on the basis that the City has gone to interest-based negotiations with most of its civic unions, thus there is ongoing communication between management and labour. Question being taken, the motion was carried. 10. Appointment Of Joseph Dav To Canadian Senate Consideration was given to a letter from Councillor Teed regarding the appointment of Joseph Day to the Canadian Senate, and proposing that a letter of best wishes and congratulations be forwarded to him. 88-692 COMMON COUNCIL OCTOBER 9, 2001 On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that a letter of best wishes and congratulations be forwarded to Senator Joseph Day on his appointment to the Canadian Senate informing him that Saint John, being Canada's first City, is looking forward to learning of his work in the Senate which will result in benefit not only to Canada but to the people of the Province of New Brunswick and to the extent possible the municipalities within the Province, including the City of Saint John. Question being taken, the motion was carried. 11. Traffic Control And Street Repairs Consideration was given to a letter from Councillor Teed expressing the view that a matter has developed during the past week that indicates there is an apparent failure to recognize the travelling problems of the public as the paving and fixing of St. Patrick Street at the south end of the Viaduct was done at the peak of rush hours, impeding the traffic flow and that, if it were done by City forces, it was inexcusable and, if done by contractor, when contracts are let in the future there should be a provision that this type of work not be done at the height of rush hour traffic, which would be from 4:30 p.m. to 5:30 p.m. Councillor Teed proposed a motion, which was not seconded, that the City adopt as a policy that in street contracts for repairs there be a provision that, where there is a major traffic flow, such repairs will not affect traffic conditions at peak traffic hours, and further that, if this is not already in effect, the City workforce be required to follow the same conditions. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried. 3. Human Development Council Re 2002 FundinQ Consideration was given to a letter from Susan E. Davis, President of the Human Development Council, advising that Council's contribution in the past year of $44,000, of which $8,000 was in-kind for rent, assisted it in leveraging $470,633 for social development initiatives, some of which linked Saint John with other communities throughout the Province; and requesting that the City reinstate its funding to $47,000 which reflects the level of funding received from 1990 to 1999. Susan Davis referred to an information pamphlet on the Human Development Council (copies of which were distributed to Council members at this time), to illustrate the view that an investment in the Human Development Council was really an investment in the community in that the Human Development Council impacts on the community because (1) it has been relevant and responsive to community concerns and issues, (2) involves all sectors of the community in its efforts and (3) with funding assistance from the City, it leveraged an additional $470,000 this year for social development initiatives. Ms. Davis introduced Ken Anthony, a Board member of HDC and President of the Saint John Community Loan Fund, who addressed Council on the Loan Fund, a non-profit organization that supports good ideas by providing business and employment loans to individuals who cannot obtain credit elsewhere due to limited income, security or credit history; and, during her comments about the Human Development Council's provision of opportunities for individuals on low income to pool their skills and resources in starting a new business through its Community Business Development Manager, samples from The New Brunswick Tea Company, one of these businesses, were distributed to the Council members. Ms. Davis also introduced Mary Narrowmore, the Executive Director of the Victorian Order of Nurses, who addressed Council on how the VON uses some of the Human Development Council's publications; and Ms. Davis recognized the delegation of supporters and Board members present at the meeting. Peter Buck, Treasurer of the Human Development Council, spoke to the extent to which financial contributions to the Human Development Council from the City, 88-693 COMMON COUNCIL OCTOBER 9, 2001 the United Way, and the Province of New Brunswick leveraged funding for social development initiatives in the community, referring to information distributed to the Council members at this time by Human Development Council Executive Director Cathy Wright, and asked Council to consider restating funding to the Human Development Council to the 1999 level of $47,000. During discussion, Ms. Davis advised that there was no duplication of the services provided by the Human Development Council, and also that a copy of the Human Development Council's financial statement, objectives and list of Board members could be supplied to Council. (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the presentation on behalf of the Human Development Council regarding its 2002 funding be referred to the budget process. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 4. East Coast Music Awards Event Committee 2002 East Coast Music Awards Business Plan Consideration was given to a letter from Diana Alexander, Chair of the East Coast Music Awards Event Committee, expressing appreciation for the City's support of the 2002 East Coast Music Awards to be held in Saint John from January 31 to February 3, 2002 and for the in-kind contribution of office space and office supports afforded the Event Manager during the first four months of her employment with the ECMA; and requesting Council to review the submitted Business Plan which outlines the positive economic impacts that are anticipated to benefit the City of Saint John, and also that the City of Saint John consider contributing an additional $20,000 to the event, placing the City of Saint John at the gold level of sponsorship consistent with the level of support of previous host cities of this prestigious event. Diana Alexander, having thanked Council and City staff for their support in bringing the 2002 East Coast Music Awards to Saint John, advised that, since the last appearance before Council, the Event Committee has opened an office on the third floor of Brunswick Square with five employees, including an accountant, a marketing and communications director and a full-time event manager; and highlighted the 2002 Business Plan. Ms. Alexander introduced Chartered Accountant Andrew Logan whom, she advised, would answer questions of a financial nature. During discussion Mr. Logan confirmed that any deficit would be looked after by the East Coast Music Association, and that the budget for the 2002 event, which has not yet been passed by the Association, has been revised upward to $1.2 million from that indicated in the previously submitted Business Plan which was prepared earlier this year. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the presentation on behalf of the East Coast Music Awards Event Committee of its Business Plan for the 2002 EMCA in Saint John be referred to the budget process. Question being taken, the motion was carried. 12. Street Repairs Consideration was given to a letter from Councillor Teed expressing concern about the operations of the City respecting street repair and excavation in that, while repairs were apparently done last week on Fort LaTour Lane by filling in the potholes for a smooth surface to the Fort LaTour site, a main traffic artery - Chesley 88-694 COMMON COUNCIL OCTOBER 9, 2001 Street - was allowed to continue in disrepair, there being a depression on the surface of Chesley Street which manifested itself within two weeks after the pavement was patched to cover an excavation where a manhole was placed near the eastern end of the Ocean Steel building and, should a vehicle be damaged there because of the drop, the City could be liable for improper repair. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that (1) the City Manager be directed to cause the necessary repairs before the cold winter makes repairs ineffectual, (2) Council concerns be expressed for the apparent inefficiency or lack of concern for the proper upkeep of a major traffic artery, and (3) some form of priority be scheduled so that lanes with only occasional traffic should not be given priority in repairs over major traffic routes. Mr. Totten advised that Mr. Groody has directed the forces to repair the small sinkhole in question and, with respect to the Fort LaTour site, advised that the patch work was done there as a result of a request from a charitable organization doing a cure for cancer run as the site was part of the route. In response to a suggestion that the matter should be referred to the City Manager for input, Mr. Totten advised that he would appreciate a referral motion, as he had an issue with words in the proposed motion. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the above matter be referred to the City Manager. Question being taken, the referral motion was carried. 5. Waterfront Development Partnership Harbourfront Greenwav Concept Consideration was given to a letter from John D. Wallace, President of the Saint John Waterfront Development Partnership, and William 1. Grant, Chairman of the Saint John Development Corporation, submitting copies of materials provided to the Mayor and Members of Council during the September 24, 2001 Harbourfront Greenway Council information session. Mr. Grant, noting that the project to be presented was the first stage of development proposed for the waterfront, advised that the project would give green spaces on and public access to, the waterfront in a development of the type that just about every community with a harbour of any kind has come to expect over the last few years. Mr. Wallace commented on the various working groups created by the Waterfront Partnership to look at the components of waterfront development for the east side of the inner Harbour from Lantic Sugar through to Reversing Falls, including Partridge Island; and, as a suggested path forward, requested that Common Council (1) support the Harbourfront Greenway Concept, subject to public input and consultation; (2) approve the Harbourfront Greenway final design and capital costs, (3) consider allocating an amount not to exceed $95,000 to enable completion in 2001 of a detailed Harbourfront Greenway design, engineering and environmental work, and (4) consider allocating capital funds to the Harbourfront Greenway Project in 2002. Mr. MacMackin, Co-chair of the Harbourfront Greenway Working Group, through a computer-aided presentation including a conceptual design and map of the proposed waterfront / harbourfront park, highlighted the proposed route of the Greenway, starting at the end of the Market Square Boardwalk, connecting along through the back of Long Wharf to the Fort LaTour site, under the Highway Overpass and towards the Brunswicker from where there would be two links - one that travels along Chesley Drive and up Bentley Street to the old Museum property on Douglas Avenue thus providing a link between the current and the old Museum property, the other creating an access along Chesley Drive up to Main Street and connecting into Fort Howe; and advised that there has been consultation with most of the land owners who have been very supportive and open to seeing this type of development occur across the land. Mr. MacMackin noted that the proposed Greenway would represent one piece of a larger development and provide connections into the New Brunswick Trail routes through Saint John along Douglas Avenue and also would 88-695 COMMON COUNCIL OCTOBER 9, 2001 easily link into the future developments potentially connecting to Fallsview Park, Reversing Falls, Rockwood Park, the Western Beaches and the Irving Nature Park; advised that preliminary estimates indicate a cost in the range of $1.5 million to $1.8 million to complete the section from the downtown through to the old Museum site, the intent being to try to fund this through support from the City as well as private businesses and donors, and community groups; and reviewed the community benefits associated with the proposed Greenway. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the Harbourfront Greenway Concept presented at this meeting be referred to the budget process. During discussion Mr. Totten suggested that Council had three options as follows: (1) decide at this meeting to add $95,000 to the capital budget for this year, (2) refer the item to City staff to review the status of the capital budget and come back to Council next week, or (3) look to the group to move on with the project on the understanding that Council was not prepared to commit funds until the 2002 Capital Budget in January, thereby letting the work start; and advised that, if Council were supportive, he would be prepared to review those three options and make a recommendation to Council at the next meeting. Question being taken, the motion was carried. 6. Anne-Marie Mullin - Council Salaries Anne-Marie Mullin addressed Council, further to her letter advising that she represented a group of Saint John citizens who have expressed concern and opposition to the proposed increase in remuneration for Mayor and Members of Common Council and requesting to appear at this meeting to express these concerns; and, referring to a prepared brief, related her concerns, focusing on two areas - (1) the timing of the proposed increase in that (a) the community had not been given enough time to reflect upon Michaellrcha's report and recommendations, (b) any appearance of personal conflict of interest could have been avoided if the incumbents were not determining their own remuneration, and (c) there was and has been no opportunity for the electorate to influence the proposal, thus the great rush to implement Mr. Ircha's report and salary recommendations was disconcerting and appeared opportunistic; and (2) the message being sent to the community in view of (a) the Commissioner of Finance's indication that the City was faced with very tough financial challenges and many organizations, such as the Boys & Girls Club and ABEC, have already felt the pinch, (b) the manner in which the urban poor might perceive such a large increase at one time in light of their life circumstances, (c) part of the role of Council members being voluntary, (d) compensation not ensuring effectiveness or success, and (e) most candidates for Common Council not being solely motivated by remuneration. Ms. Mullin, in commending Council for its attempt to eliminate the problems caused by the per diem, suggested that the community deserved full disclosure of how the per diem process works; asked if it were Council's intention that the honoraria would not be paid to, or would it be recovered from, the Council members representing the City on boards or commissions; and recommended that Council revisit the process immediately and all current sources of Mayor and Council income be used to develop a fair level of remuneration to the Mayor and Council and to the community, with the focus of the review process to rest on roles and responsibilities not activities and that, as part of the disclosure process, Common Council should conduct some focus-group sessions to dialogue the remuneration/responsibilities issue, and further that a regular, periodic review process every three years prior to a municipal election should be built into any new by-law. At the Mayor's request, Ms. Mullin filed with the Common Clerk a petition including signatures of citizens in opposition to the proposed salary increase, and following discussion the Mayor, in acknowledging that people have concerns in this regard, thanked Ms. Mullin for coming forward with them. 88-696 COMMON COUNCIL OCTOBER 9, 2001 13. Red Head Embankment Problem (Councillor Court withdrew from the meeting.) On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the letter from Councillor Chase expressing the belief, given the recommendation from the New Brunswick Government's report on the Red Head embankment crisis and that the fall is the time of the year in which storm systems create the greatest risk, the City needs to act immediately; and proposing that Council (1) offer to the residents City-owned land for relocation of their homes, and (2) request the Province to pay for the actual relocation, be referred to the City Manager to explore the idea further and report back to Council. Councillor Chase suggested that, while the City did not have money to fix the problem in Red whether to build a breakwater or relocate the homes concerned, the City has land; and Councillor Trites, in seconding the motion, did so on the basis that staff would look at the idea in consultation with the appropriate Federal and Provincial officials and the residents. (Councillor Court re-entered the meeting.) Question being taken, the motion was carried. 14. Red Head Secondary Access & Related Matters On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the report from the City Manager advising that, since the proposal for the design and land acquisition of a future secondary access road for the Red Head area was included in the 2001 Capital Program for Transportation, there have been a couple of significant developments related to the future stability and/or suitability of portions of the existing Red Head Road; referencing the conclusions of the consultant's report prepared by AMEC Earth and Environmental Limited on behalf of the Province of New Brunswick - Assessment of Bank Erosion, Red Head Road Bluff, as well as the EIA process being considered for a proposed liquefied natural gas marine terminal at Mispec Point which has significant implications for the transportation system in the area, particularly along Red Head Road, and noting the importance, as earlier resolved, of the City continuing to monitor the project in follow up discussions with the Department of Environment and Local Government, as well as the need to coordinate any transportation system plans of the private sector with the needs of the public and the public transportation system and vice versa; proposing that the scope of the 2001 Transportation Capital Program project for a future secondary access road for the Red Head area be redefined and, rather than simply considering design and land acquisition, a broader mandate be undertaken, including monitoring slope stability, evaluation of and recommendations concerning existing transportation, storm drainage and sanitary sewerage systems, preliminary engineering report on possible alternative access roadways, identification of land acquisition requirements for possible roadways, consultation with the Province of New Brunswick, consultation with the private sector on future transportation plans, and providing geotechnical and engineering advice to the City of Saint John; and recommending that Common Council approve the redefined project scope for Red Head secondary access and related matters, as outlined herein, be received and filed and the recommendation adopted. (Councillor Teed withdrew from the meeting.) Question being taken, the motion was carried. 88-697 COMMON COUNCIL OCTOBER 9, 2001 15. Design And Construction Management Lakewood HeiQhts Water PumpinQ Station Project On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council approve the proposed additional fee of $60,058.43 from Crandall Engineering Ltd. to provide design and construction management services for the Lakewood Heights water pumping station project. (Councillor Teed re-entered the meeting.) Question being taken, the motion was carried. 16. Design And Construction Management East Saint John Water System ReconfiQuration On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the proposal of CBCL Limited be accepted for engineering services (design and construction management) for the reconfiguration of the East Saint John water system, and the Mayor and Common Clerk be authorized to execute appropriate contract documentation. Question being taken, the motion was carried. 17. Career Transition FundinQ Read a letter from the City Manager advising that, as previously discussed with Common Council, it would now be in order for Council to adopt the resolution as set out herein. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that Common Council authorize the payment of Career Transition Funding to the incumbent occupying the position of Engineering Manager - Transportation and Environment equal to fifty percent of the incumbent's current annual salary, upon condition that the City Manager receives a satisfactory release in favour of the City on or before October 12, 2001. Question being taken, the motion was carried. 17 A. BankinQ I BorrowinQ Resolutions Consideration was given to a report from the City Manager recommending the adoption of the submitted banking and borrowing resolutions required by the Bank of Nova Scotia, Council in June of this year having passed a resolution appointing the Bank as the City's banker for a five-year period with an option for an additional five years. On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED: A That the resolutions dated May 31, 1999 relating to the operation of bank accounts for the City of Saint John with the Bank of Nova Scotia be and are hereby rescinded: AND BE IT FURTHER RESOLVED: B.1 That accounts in the name of the City of Saint John (herein called the City) and bearing the following names and numbers shall be kept at the Bank of Nova Scotia: 88-698 COMMON COUNCIL OCTOBER 9, 2001 Pension Fund Operating Account Payroll Account US Dollar Account Employee Purchase Account Treasury Account Payroll Reject Account Pension Payroll Reject Account City of S.J. (Bond Account) City of S.J. Meal Purchase O'Connell Trust L. R. Ross Trust Stockford Trust Tucker Trust A Carle Smith Trust Land Subdivision Trust Equipment Replacement Fund 55.17 0053-12 0001-16 1864-14 0361-10 0106-18 0102-19 0122-11 14-14 626-18 0479-10 0484-10 0503-18 0520-19 0522-13 0957-10 2. That any two of the: Commissioner of Finance Assistant Comptroller Comptroller Budget Officer Deputy City Manager be and are hereby authorized on behalf of the City: (a) To borrow money from the Bank of Nova Scotia upon credit of the City on cheques, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; (b) To sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. 3. That anyone of: Commissioner of Finance Assistant Comptroller Comptroller Budget Officer Deputy City Manager be and is hereby authorized by the City: (a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; (b) To arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) To delegate any authority conferred on such person by sub-paragraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 88-699 COMMON COUNCIL OCTOBER 9, 2001 5. That the City shall furnish the Bank with a list of names of all persons authorized by this resolution to do any act or thing, together with the specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. 6. That this resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. C.1 That notwithstanding resolution B.2(b), the Bank of Nova Scotia is authorized and directed to pay any and all cheques, promissory notes, bills of exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. 2. That in consideration of the Bank of Nova Scotia's paying or negotiating cheques, promissory notes, bills of exchange or otherwise, issued on behalf of the City of Saint John and bearing the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Comptroller, the City of Saint John will and does hereby undertake to hold the Bank of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment of the negotiation of any cheque, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. AND BE IT FURTHER RESOLVED for general operating purposes: 1. That the Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 2001 ; 2. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller, Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source. 5. That the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 6. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller, Assistant Comptroller or Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine, and 88-700 COMMON COUNCIL OCTOBER 9, 2001 7. That any two of the Commissioner of Finance, the Deputy City Manager, Comptroller, Assistant Comptroller or the Budget Officer are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the Seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. (Rescinded February3, 2003 Bk.89 Pg. 487) Question being taken, the motion was carried. 18. Traffic Bv-Iaw Amendment - Rockv Terrace Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-law amendment, which was given first and second readings on October 1, 2001, following recommendation from Municipal Operations as a result of a request made by residents in the Rocky Terrace area who were concerned with the increase in traffic turning left from Mount Pleasant Avenue and using Rocky Terrace as a shortcut. On motion of Councillor Titus Seconded by Councillor Court 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 traffic turning left from Mount Pleasant Avenue to Rocky Terrace, 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. 19. Bv-Iaw ProvidinQ Salaries To Common Council Members Consideration was given to a report from the City Solicitor submitting the text of a proposed Council Salary By-law amendment to reflect the changes recommended by Professor Ircha, which was given first and second readings on October 1, 2001. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number M-113-2 A By-law To Amend A By-law To Provide For Salaries To The Members Of The Common Council Of The City Of Saint John", by amending sections 1, 2 and 3, and repealing subsection 4(1), be read a third time and enacted and the Common Corporate Seal be affixed thereto. During discussion Councillor Chase advised that he would accept the consultant's recommendations if it were to take effect for the next Council; and Mr. Nugent, in response to Councillor Titus' question as to whether or not he could talk about what took place in closed session on this issue, advised that it was his understanding that it was Council's policy and the policy of Committee of the Whole of Council that what was discussed in Committee of the Whole was there for the reason that the members of Council present chose not to discuss it in open session and it, therefore, remained with the members of Council themselves whether or not they wished to honour that arrangement and, obviously, if it were ignored entirely, it would be a hollow exercise or procedure and of little benefit; and he thought it was quite clear that the purpose of Committee of the Whole was precisely that - when a Committee of the Whole was held in private session that it be private, and there were no sanctions that he was familiar with of Councilor Committee of the Whole itself having fashioned for those sorts of transgressions. Councillor Titus referenced his indication in Committee of the Whole that he did not need to hear from Mr. Ircha in Committee of the Whole and that his whole 88-701 COMMON COUNCIL OCTOBER 9, 2001 presentation and discussion on the report should have taken place in open session; and advised that, while the increase did not concern him all that much, he was concerned about the way the increase was being brought into place in that it should not be something that this Council took advantage of but rather it should go to the next Council, and suggested that, if the concern was to have a level playing field, Council should make the decision to get rid of the per diem, honoraria, and $400 gift allowance now and the Council members live with the salary they have, based on what people expected them to be paid when they elected them. Councillor Fitzgerald advised that he would like to introduce two amendments - the elimination of the per diem of $125 per day effective January 1, 2002, and the elimination of the $400 gift allowance effective January 1, 2001, and the Mayor advised that, according to the City Solicitor, issues, other than the per diem which would be repealed with the proposed By-law amendment, would have to be dealt with by a resolution of Council. Councillor Chase asked for guidance on procedure in terms of, in the midst of third reading, eliminating the per diem only and continuing with the current salaries, and the Mayor advised that she would first take the vote on third reading of the proposed By-law amendment as it was approved in the first and second readings which would deal with salaries and the per diem, with the other issues to be dealt with by resolution. Councillor Titus, on a point of order, suggested that Council could defeat third reading and subsequently deal with the other issues; and Councillor Teed suggested that an amendment to third reading could strike out sections 1, 2 and 3 dealing with salaries, leaving section 4 eliminating the per diem, and also that, while the issue of the $400 gift allowance could be dealt with by resolution, there was no way Council could pass a resolution governing some of the boards and commissions to deal with monies paid per meeting, although it could be included in the Council Salary By-law. Mr. Nugent, with respect to Councillor Chase's question on how to proceed with the per diem only at this time, advised that Council's option would be to eliminate sections 1, 2 and 3 of the proposed By-law before Council, leaving the By-law with only one section that would repeal the per diem provision of the existing By-law, whereupon Councillor Trites noted that that would change the intent, and the Mayor advised that Council could not make that amendment to the By-law with which it was currently dealing and on which the Council members could vote either for or against. The by-law entitled, "By-law Number M-113-2 A By-law To Amend A By- law To Provide For Salaries To The Members Of The Common Council Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillors Chase, Teed and Titus voting "nay". On motion of Councillor Fitzgerald Seconded by Councillor Ball RESOLVED that the $400 gift allowance be eliminated effective January 1, 2002; that all tickets purchased for Councillors be eliminated effective January 1, 2002, and effective January 1, 2002 remuneration of Councillors for service on committees, boards or commissions be returned to the City of Saint John. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above motion be referred to a future open meeting of Council. Question being taken, the referral motion was carried with Councillors Chase and Teed voting "nay". A motion was proposed by Councillor Trites and seconded by Councillor Fitzpatrick to receive and file a letter from Ian Benjamin on the salary increase proposal of which copies were distributed to Council members on this date, whereupon the Mayor made the observation that the letter was not on, nor had it been added to, the agenda. 20. StoppinQ Up And ClosinQ Of Portion Of Atlantic Avenue Consideration was given to a report from the City Solicitor advising that, with regard to the Street Closing By-law amendment to stop up and close a portion of Atlantic Avenue to which Council gave third reading on October 1,2001, the description 88-702 COMMON COUNCIL OCTOBER 9, 2001 of the street incorrectly identified the survey plan upon which it appeared as well as the surveyor by whom it was prepared, consequently, Common Council must authorize the Common Clerk to undertake the advertising necessary to effect the correction; and submitting out the text of the appropriate resolution in this regard, adding that Common Council, as well, should repeal the by-law enacted on October 1, 2001 and could give first and second readings at this time to the appropriate amendment as submitted. On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that 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 342-square metre portion of Atlantic Avenue as shown on the submitted plan of survey titled "Plan of Survey Showing Portion of Atlantic Avenue, City of Saint John, County of Saint John and Province of New Brunswick" dated August 9, 2001 and certified correct Fulton Surveys Ltd. Per Robert AG. Fulton NBLS #234: AND FURTHER 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", by repealing Section 157, 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 Deputy Mayor White Seconded by Councillor Desmond 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", by repealing Section 157, 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". 21. 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, October 1, 2001, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Teed, Titus and Trites, and your Committee submits the following recommendations, namely: 1. That as recommended by the City Manager, the City of Saint John release 056975 N.B. Ltd. from all obligations arising from the license to install a boat dock on Parcel C, Reversing Falls Park and that the City of Saint John lease Parcel C in Reversing Falls Park, as generally shown on the attached plan, to 056975 N.B. Ltd. on terms and conditions contained herein: The term of the lease shall commence on November 1, 2001 and terminate June 30, 2015 or 90 days after the giving of a written notice by either party to the lease. There shall be no cancellation in the first two years. Annual rent during the term shall be as follows: o $1,740 $4,200 $4,320 88-703 COMMON COUNCIL OCTOBER 9, 2001 $3,600 $3,720 $3,840 $3,960 $4,080 $4,440 $4,560 $4,680 $4,800 $3,280 Payment of annual rent for year 2002/2003 shall be payable in 6 equal installments commencing on the 1 st day of May 2003. Annual rent for year 2003/2004 through to and including 2013/2014 shall be payable in 12 equal installments due on the 1st day of each and every month. Payment of annual rent for year 2014/2015 shall be payable is 8 equal monthly installments. Unless otherwise approved by the lessor, the use of the site shall be limited to a boat dock and stairway. The construction of the boat dock and stairway must be completed on or before December 31, 2002. No sanitary sewer lines shall be extended to Parcel C. Subject to approval from the Department of Health and Wellness (or other applicable Provincial Government Department), a holding tank(s) for water and sewerage may be installed on Parcel C. Parcel C shall be leased "as is". The lessor offers no warranty as to its development potential or soil conditions. Prior to the construction of the boat dock and stairway or the undertaking of site improvements, the lessee must submit plan(s) with a geo-technical report on the soil conditions to the Manager of Real Estate and Facility Management of the City of Saint John for approval. The boat dock and all site improvements must comply with all applicable municipal, provincial or federal by-laws, acts or regulations. The lessee must apply for and obtain all necessary permits and approvals prior to construction of the boat dock. The lessee shall be responsible for the maintenance of the boat dock and stairway. Commencing in year 2004, the lessee shall pay all real property taxes and local improvements levied against Parcel C and with the consent of lessor, the lessee may at its own means and expense appeal the property tax assessment. The lessor will not unreasonably withhold such consent provided the lessee has paid all outstanding real property tax levies in full. The lessee shall not have the right to assign or sublease any portion of Parcel C except to a company wholly owned by the lessee. In the event the lessor installs, repairs or renews any municipal services or streets in the vicinity of the leased land and if the lessor is of the opinion that the stairway or appurtenances thereof must be relocated in order to best perform the required installation, repairs, or renewals the lessee is obligated to relocate the stairway or portions thereof at the lessee's own expense, and in such event, the lessor shall not be liable for any payment of compensation for the loss or interruption of businesses which may have been caused by the required work and/or stairway relocation. All dock and stairway structures or pilings on the property must be maintained to a standard acceptable to the Building Inspector and comply with all municipal by-laws. The lessee shall indemnify and save harmless the lessor against all actions, expenses, claims and demands of any kinds on account of the non-performance of the covenants of the lessee in the lease; and the lessee agrees to indemnify, protect, defend and hold the lessor, its officers, employees and agents harmless from and against all claims, actions, losses, damages, costs, expenses and liabilities (except those caused solely by the willful or negligent acts or omissions of lessor), arising out of actual or alleged injury to or death of any person or loss of or damage to property in or upon the leased lands. 88-704 COMMON COUNCIL OCTOBER 9, 2001 Notwithstanding the rights given herein, the lessor retains the right to plan, construct, operate and maintain a public trail over and along Parcel C. The lessee must co-operate with the lessor with respect to the location of the public trail over the leased lands, provided the location of the trial does not unreasonably interfere with the lessee's operation and maintenance of the stairway and dock. The lessor retains the right to make other uses of Parcel C, provide such uses do not interfere with the operation and maintenance the lessee's stairway and boat dock. The lessee must purchase and maintain a public liability insurance policy in the amount of $2 million with the City of Saint John added as an additional name insured. The policy must be subject to a cross liability clause and remain in effect during the term of the lease, failing which the lessor has the right to terminate the lease. There shall be no renewal of this lease. The lessor shall take possession of the boat dock and stairway upon termination of the lease unless the lessee, prior to termination removes the stairway and boat dock. The lease shall be subject to the covenants or conditions numbered 11, 12, 13, 14, 15, 17,20,21,22,25,26,27,28,30,33,36,38,39,41,42,45, and 46 in Schedule C of Regulation 83-132 (Leases Regulation - Standard Forms of Conveyances Act); and further that the Mayor and Common Clerk be authorized to sign the lease. 2. That as recommended by the City Manager, Common Council rescind its resolution of August 18, 1997 authorizing the sale of 26 and 27 Lockhart Street and 197- 199 Cranston Avenue to Phillip Huggard Properties Ltd., and the City convey its interest in PID 24950 (27 Lockhart Street) to Kevin and Tina Standing for $500 (plus HST if necessary); and, as part of this transaction, the City of Saint John will provide an Appointment of Agent form to permit the purchasers' solicitor to register the title to the land under the Land Titles Registry system prior to closing, and further that the Mayor and Common Clerk be authorized to sign transfer and related documents. Tuesday, October 9, 2001, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 21.1. Lease Of Parcel C. ReversinQ Falls Park On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 21.1. Rescinding Of August 18, 1997 Resolution 26-27 Lockhart Street 1197-199 Cranston Avenue & Sale Of Lockhart Street Property On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 22. Saint John Board of Police Commissioners OperatinQ BudQet 1 AUQust 2001 Financial Results On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from the Saint John Board of Police Commissioners submitting, in accordance with section 7(3) of the 88-705 COMMON COUNCIL OCTOBER 9, 2001 Police Act and the request of Common Council, the August 2001 Report of the Saint John Police Operating Budget Results, be received and filed. Question being taken, the motion was carried. 23. Association Regionale De La Communaute Francophone De Saint-Jean Inc. - 2002 Festival On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from Association Regionale de la Communaute Francophone de Saint-Jean Inc. submitting a financial statement for the 2001 Festival de la Baie Franyaise and a budget for the 2002 Festival to be held June 5 to 9, and advising that a City investment of $15,000 is believed warranted in this event because of the economic and social fallouts which greatly outweigh the contribution, be referred to the budget process. Question being taken, the motion was carried. 24. Maritime Moving And Storage - Condition Of Property Corner Of Grandview Avenue And Industrial Drive On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Wayne Marshall, President of Maritime Moving and Storage, expressing frustration and annoyance over trying to get his property on the corner of Grandview Avenue and Industrial Drive cleaned up after the installation of the natural gas pipeline, and asking for help in trying to bring it back to the condition it was prior to having it dug up by the natural gas line contractors, be referred to the City Manager. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk