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2001-10-22_Minutes 88-720 COMMON COUNCIL OCTOBER 22, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of October, AD. 2001, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; 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; S. Galbraith, Director of Works; G. Tait, Fire Chief; C. Cogswell, Chief of Police; C. Campbell, Planner; Mrs. M. Munford, Common Clerk; and Mrs. J. Ferrar, Administrative Assistant. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Canon Wally Corey of St. Mary & St. Bartholomew's Anglican Church offered the opening prayer. 2. Approval of Minutes On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on October 15, 2001, be approved. Question being taken, the motion was carried. 6. Mavor's Remarks Mayor McAlary proclaimed October 21 to 27,2001 as National Occupational Therapy Week, and November 2001 as Family Violence Prevention Month in the City of Saint John. 7. FundinQ For Non-Profit OrQanizations Read a letter from Councillor Teed raising the question of what information is required by Council on which to form its basis for consideration of grants to non-profit organizations as there appears to be no formal policy; bringing to Council's attention the type of information that organizations must provide in applying for Federal Government funds, as well as from the Greater Saint John Community Foundation; and proposing that, as a future policy for the Council, any request for funding over $500.00 must include a financial statement, the principle of the funding, the objectives of the organization, and the current officers and members of the Board of Directors. Councillor Teed referred to the events taking place around the world on Wednesday, October 24th which is United Nations Day. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that any request for funding over $500.00 for non-profit organizations must include a financial statement, the principle of the funding, the objectives of the organization, and the current officers and members of the Board of Directors. 88-721 COMMON COUNCIL OCTOBER 22, 2001 Commenting with regard to the establishment of an appropriate funding amount, Councillor Trites suggested the matter be referred to the budget process where it could be included as a policy. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the budget process. Question being taken, the referral motion was carried. * Added Items The Mayor asked for a motion to add to the agenda of this meeting matters considered in Committee of the Whole earlier this date under items 20 and 21. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the following items be added to the agenda for consideration at this meeting as 7 A and 7B, respectively: a recommendation with respect to acquisition of an easement for municipal services, Ann St. East, and a recommendation to amend Council's previous resolution regarding acquisition of land, 148 Busby Street. Question being taken, the motion was carried. *7 A. Re Easement Acquisition - Ann St. East On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City of Saint John acquire a 660m2 :t easement for municipal services and a 330m2 :t temporary construction easement from Hugh and Darrellene MacGillivray upon the following terms and conditions: the City of Saint John will extend the water and sewerage services in Ann St. East to a point being 3 metres inside PID# 55027171 on or before November 30,2001; pay for any required survey/subdivision plans; and pay to a maximum of $500.00 the legal fees and disbursements incurred by Mr. & Mrs. MacGillivray to finalize this transaction. Responding to a question regarding the acquisition, Mr. Baird advised that approximately fifty feet of water service would be extended at this time, which is part of a long-term plan to provide looping over to Willow Roadway and Charles Street. Question being taken, the motion was carried. *7B. AmendinQ Resolution - 148 Busbv Street On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the September 10, 2001 Council resolution pertaining to the acquisition of land from Mr. and Mrs. Robert Ouellette at 148 Busby Street be amended as follows: delete "9.42/m2 (approximately $1,300 + HST)" and insert in its place "$2,000 (+ HST, if necessary)" and delete "PID 551494413" and insert in its place "PID 55149413" with all other aspects of the resolution to remain unchanged. Question being taken, the motion was carried. 8. Agreement For Infrastructure Funding North End SeweraQe Scheme - Churchill Boulevard Read a report from the City Manager recommending acceptance of the offer by the Province of New Brunswick of infrastructure funding for the North End 88-722 COMMON COUNCIL OCTOBER 22, 2001 Sewerage Scheme - Churchill Boulevard, staff from Municipal Operations and the Legal Department having reviewed the submitted document and recommended its acceptance, further to the referral of this matter at Council's last meeting. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the City of Saint John accept the offer by the Province of New Brunswick as per 1. Byron James, Deputy Minister of Environment and Local Government, for project #63.99.01.550.01, North End Sewerage Scheme - Churchill Boulevard, and the Mayor and Common Clerk execute the acceptance. Question being taken, the motion was carried. 9. Amendment To Traffic Bv-Iaw - Brunswick Place ParkinQ Consideration was given to a report from the City Manager submitting correspondence from the Saint John Police Force requesting that the Traffic By-law be amended to provide no parking on Brunswick Place between 9:00 a.m. and 4:00 p.m. further to a meeting with the Principal of Harbourview High School and residents of Brunswick Place; and recommending that the proposed amendment to the Traffic By- law, as set out, be given first and second readings and referred to the Legal Department for appropriate action. Mayor McAlary requested to have the proposed Traffic By-law amendment referred to the City Solicitor. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the proposed amendment to the Traffic By-law regarding parking on Brunswick Place be referred to the City Solicitor. Question being taken, the motion was carried. 10. Compensatory StoraQe - Westmorland Road Development On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, First Westmorland Shopping Centres Ltd. be advised that Common Council will sell compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 7,000 cubic metres, at Westmorland Road: AND FURTHER that the submitted report from the City Manager in this regard be received and filed. Responding to a question regarding the rate of $10.75, Mr. Edwards referred to a policy established by Council in 1999 and advised the rate of $10.75 would remain in effect until such time as the City undertook to either expand the retention ponds, or did some other work in the flood risk area, and any other work that was undertaken, whatever the unit cost would be, is what would be reflected in a future sale if Council chose to sell; advised that currently there is 26,000 cubic metres of space remaining which will be reduced to 19,000 cubic metres if the proposed sale to First Westmorland Shopping Centres Ltd. is approved; and explained that no further recommendations would be brought to Council to sell additional space until further space was created. Question being taken, the motion was carried. 88-723 COMMON COUNCIL OCTOBER 22, 2001 11. Amendment To List Of Official Street Names Consideration was given to a report from the City Manager advising that the 1.79-hectare parcel of land assented to by Council on October 15, 2001 for a street right-of-way situated at the intersection of McAllister Drive and Loch Lomond Road is located south of Loch Lomond Road and erroneously labeled as McAllister Drive (public street), although a street name sign has been in place at the intersection of Loch Lomond Road for several years identifying this street as Champlain Drive; also advising that, when construction of this road was undertaken, it was done with the intent to follow the Comprehensive Community Plan and bypass Champlain Heights, and the extension of McAllister Drive is now not possible, and this portion of the street network has never been officially named. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council amend the list of official street names by naming the parcel to be vested as a public street located south of Loch Lomond Road, Champlain Drive. Question being taken, the motion was carried. 12. Service & Street Improvements I Residential Infrastructure Assistance - Palmer Street Read a report from the City Manager advising of Kincade Roofing (1989) Ltd.'s application for Residential Infrastructure Assistance funding for a development on Palmer Street, and that servicing will result in six new units on land owned by the developer and also provide improved services to two existing homes and potential four other units, for a total of twelve units and, as existing units or lots are to be serviced, the City accepts a portion of the cost and fifty-fifty would be suggested; and recommending grant approval and cost sharing. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council (1) approve the cost sharing for service extension and street improvement on the existing Palmer Street on the basis of 50% of cost incurred to a maximum of $72,000; and (2) approve Residential Infrastructure Program application #9 for Kincade Roofing (1989) Ltd. for six units to a maximum of $24,000. Question being taken, the motion was carried. 13. Subdivision - 2550 Loch Lomond Road Consideration was given to a report from the City Manager referring to the Planning Advisory Committee's recommendation to Council, which was tabled on August 20, 2001 at the request of the City Solicitor, with respect to the Little River Estates Subdivision (Phase 1) at 2550 Loch Lomond Road and the subsequent requirement of a Section 39 amendment process for which Council held the public hearing on October 15, 2001 and rescinded the previously imposed condition prohibiting drilled wells, which now allows for the development to proceed with individual drilled wells on the proposed lots; advising that it is now appropriate for Common Council to consider the recommendation provided by the Planning Advisory Committee regarding the necessary subdivision assents and approvals, although item 4 of the Committee's recommendation is no longer applicable and therefore not to be considered; and recommending that (1) the Planning Advisory Committee's recommendation as set out in the copy of the Committee's previously submitted report to Council be taken from the table, and (2) Council adopt recommendations 1, 2 and 3 therein. On motion of Councillor Fitzgerald Seconded by Councillor Trites RESOLVED that recommended by the Planning Advisory Committee, Common Council (1) assent to the submitted Little River 88-724 COMMON COUNCIL OCTOBER 22, 2001 Estates Subdivision (Phase 1) tentative subdivision plan of 2550 Loch Lomond Road, and to any required municipal services or public utility easements; (2) authorize the preparation and execution of a City/developer subdivision agreement to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer; and (3) assent to the requested Land for Public Purposes dedication of 7,180 square metres (77,287 square feet or 1.77 acres) which satisfies the proposed subdivision and provides for a credit of 720 square metres (7,750 square feet) for future residential development. Question being taken, the motion was carried. 3. Saint John Chapter Of The Council Of Canadians Effect Of Trade AQreements On Municipal Government Julie Esselmont, of the Saint John Chapter of the Council Canadians, a citizens-based organization with approximately 100,000 members across Canada; addressed Council regarding a proposed resolution (copies of which were included in correspondence previously submitted) dealing with the effect of trade agreements on municipal governments, similar to a resolution passed by the Federation of Canadian Municipalities on June 4, 2001; referring to the Federal Government's current involvement in negotiations aimed at expanding the General Agreement on Trade in Services (GATS), one of many agreements under the umbrella of the World Trade Organization (WTO) which, along with the Free Trade Agreement of the Americas (FT AA) are bringing into force new rules and regulations that will affect the way local governments operate and their ability to respond to most of their electorate; and advising that, even though the GATS is not fully developed and some key parts of it are still untested, it is already having a significant impact on public policy, having played a pivotal role in several recent WTO cases where its broad wording was interpreted forcefully and the rulings on which show that the "services" agreement can be used to challenge an almost unlimited range of government regulatory measures that, even indirectly or unintentionally, affect the conditions of competition in international service suppliers. In listing the kinds of measures that local governments are routinely involved in that are potentially covered by the GATS, the group also advises that of particular concern to municipalities are GATS rules making regulations over all services "no more burdensome than necessary" and, as this provision alone can be used to attack local government authority, Canada has not fared well when its interpretation of WTO agreements has been challenged at the WTO, having lost all but one of eleven cases brought to the WTO panel; and requested Council to pass the submitted resolution. Mr. Harry Colwell responded to various questions; advising that the potential exists that a third party or foreign entrepreneur could offer to the City to take over, maintain, operate, or replace public services such as water and sewerage and, if the City were to commence negotiations in this regard it would open up the existing situations with labour contracts and potential suppliers for these services; stated in the event of existing Federal/Provincial or Federal/Provincial/Municipal agreements in terms of cost sharing and provisions, the independent entrepreneur would argue they could not compete and would opt to participate in the same cost sharing. Mr. Colwell cautioned the agreements are lacking the specific language required and advised it is the intention of the Saint John Chapter of the Council of Canadians to obtain the support of Common Council, other municipalities in the province and ultimately the Provincial Government regarding this matter. Councillor Trites apprised Council of discussions at a meeting of FCM in September regarding GATS and stated he would pass information which was distributed at that time along to the City Manager so that a resolution from the City of Saint John could reflect the same position as FCM. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the above matter be referred to the City Manager for the development of a resolution to be approved by Council. Question being taken, the motion was carried. 88-725 COMMON COUNCIL OCTOBER 22, 2001 (Councillor Fitzpatrick re-entered the meeting.) 4. NB Power - Point Lepreau Refurbishment Read a letter from Rod White, Vice President Nuclear, NB Power, advising the need for decisions to be made as to whether or not the Point Lepreau Generating Station should continue to maintain station equipment or to refurbish the plant with new equipment, thus NB Power has embarked upon an assessment of the physical condition of equipment at the Point Lepreau Generating Station, and has hosted several information sessions in various communities to inform the public about the proposed refurbishment project and to provide general information; and submitting an information package in this regard. Rod White, Vice President Nuclear, NB Power, and Jill Whitehouse, Account Director, Strategic Communications were present at the meeting; Mr. White addressed Council on the possible future refurbishment of the Point Lepreau Generating Station, through the use of overheads, outlining the strategic development plan for NB Power; advised that Point Lepreau began commercial operation in 1993; employees 660 people; has an operating budget of $1 OOM annually; and produces approximately 30% of the energy that is consumed in the Province of New Brunswick; commented that NB Power was awarded the Canadian Electricity Association Award for the lowest accident frequency and severity rate among utilities in Canada this year; and noted there are two completely independent safety systems on site that can shut the system down in case of a scenario. Referring to the environment Mr. White advised that no particulate, acid gases or carbon dioxides are produced at Point Lepreau; when running at a 75% capacity factor for a year 54,000 tonnes of sulfur dioxide, 11,000 tonnes of nitrogen dioxide, and 3 million tonnes of carbon dioxide would be displaced; and explained that an extensive radiation monitoring program is in place. Mr. White stated that Point Lepreau is approaching the end of its original design life which leaves two options for NB Power - either refurbish the Generating Station or shut it down and build another power station; in February 2000 NB Power Board of Directors approved Phase 1 - identify the scope and detailed cost by 2002; advised to refurbish the Generating Station it could take one and a half to two years starting early in 2006 giving the Station an additional life of 25-30 years with a cost of approximately three quarters of a billion dollars; reviewed the final business case components; preliminary work schedule; and major project activities. Mr. White stated that in 2002 a decision will be required to either refurbish or decommission Point Lepreau; and the business case will be presented to the NB Power Board of Directors. In concluding his presentation Mr. White asked Council for a letter of support for the refurbishment of the Point Lepreau Generating Station. Discussion followed with Mr. White responding to questions regarding his presentation; advising that all the power generated at Point Lepreau is used in New Brunswick with the exception of 5% which goes to Prince Edward Island as Maritime Electric and Prince Edward Island are 5% owners. Councillor Chase suggested having public consultations regarding the matter before a decision is made by Council. On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Manager. Question being taken, the motion was carried with Councillor Chase voting "nay". 5. Environment Committee (a) Urban Forest (b) Urban Transportation Showcase Proposal 5{a) Terry Gray Chairman of the City of Saint John Environment Committee, and Committee members Michael Arbow and Don Shaw were present at the meeting; Mr. Arbow presented to Council the next in a series of draft policy documents regarding Part Three of the Municipal Plan, this presentation being on Urban Forest, and, through a computer-aided presentation (copies of which were provided to the Council members in their Council kits), proposed that the City of Saint John's objectives be (1) to ensure the protection, conservation, maintenance and enhancement of the City's urban forest; 88-726 COMMON COUNCIL OCTOBER 22, 2001 (2) to ensure compatible land use and development in relation to the urban forest, and (3) to promote public and corporate awareness and interest in the importance of the urban forest, which would include all trees and related vegetation found in a City; and that the City's policies be (a) to encourage, help and educate community groups, schools, corporations and others in their efforts to preserve, protect and enhance the urban forest; (b) to enhance the quality of experience and the image of the City's open spaces, parks, streetscapes and property developments; (c) to develop and implement an urban forest strategy; (d) to develop and implement an urban forestry strategy; (e) to ensure that the number of trees in the City's urban forest increases over time; (f) to develop stewardship of the City's urban forest; and (g) to ensure that the various departments of the City of Saint John and other civic bodies, such as Saint John Energy, consult with the Department of Recreation and Parks or other appropriate departments prior to all tree pruning and removal operations, and undertaking construction activities that may directly or indirectly affect the health and viability of the surrounding urban forest. 5{b) Consideration was given to a letter from the City of Saint John Environment Committee proposing the submission of a Concept for Park & Ride / Bike & Walk proposal to the Urban Transportation Showcase Proposal Program, a Transport Canada program with the object of reducing greenhouse gases in the transportation sector and passenger transportation specifically; advising of the three stages of the Program, Stage 1 being the submission of an initial proposal with emphasis on passenger transportation, by October 31, 2001, following which, as Stage 2, in December 2001, ten to fifteen proposals would be picked from across the country based on various criteria with each proposal to be given expenses up to $30,000 to develop the proposal in detail - January to April 2002; and, as Stage 3, four of these detailed proposals would be picked for implementation in June and July 2002, with up to $10 million for each available in one-third matching funds from Transport Canada from July 2002 to March 2006, and the remainder of matching funds could include other government grants, but not more than 50% of the total can be Federal. Mr. Terry Gray, Chairman and Mr. Michael Arbow, member, of the Environment Committee presented Mayor McAlary with $200.00 for the City of Saint John Tree Reserve Fund on behalf of the Environment Committee members. Mr. Gray, through a computer aided presentation, gave an overview of the Urban Transportation Showcase Program Proposal - Concept for Park and Ride / Bike and Walk; reviewed the possible park and ride locations in Grand Bay-Westfield, Kennebecasis Valley, East and West sides of the City; noted the suggested partners for this proposal; advised Stage 2 would involve community consultation providing details such as the number and location for parks and rides, number of buses required and more efficient routing; stressed the importance of the community to plan, implement and make the program a success resulting in a better data system to monitor, more environment awareness and a healthier population; in relation to land use and transportation planning the proposal fits Municipal Plan land use policies; advised the City of Saint John and Saint John Transit would take a lead role regarding this proposal and it is anticipated that the Province would participate along with the City of Saint John - Community Services, Environment Committee with the regional municipalities being a key partner. Mr. Gray explained the costs involved noting that implementation would be over a four-year period; and concluded his presentation with a review of the steps to submission. The Mayor expressed appreciation to the members of the Environment Committee for the presentation. Mr. Gray responded to questions regarding the presentation pointing out their submission on the Park and Ride Concept must be in Ottawa by October 31,2001; and advised Rothesay and Quispamsis have agreed to the concept. On motion of Councillor Court Seconded by Councillor Ball RESOLVED that the above presentation from the City of Saint John Environment Committee be referred to the City Manager for review and submission to Transport Canada. 88-727 COMMON COUNCIL OCTOBER 22, 2001 Question being taken, the motion was carried. 14. Zoning By-law Amendment To Re-Zone 44 Albert Street West On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-578 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 44 Albert Street West (NBGIC Number 380105), having an area of approximately 680 square metres (7,319 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-578 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By- law Number C.P. 100-578 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 44 Albert Street West (NBGIC Number 380105), be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-578 A Law To Amend The Zoning By-law Of The City Of Saint John". 15. GeorQe Bucklev - Council Members' Salarv Increase On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the letter from George Buckley commenting on the Council members' salary increase, having watched what took place at the October 9, 2001 Council meeting and in view of comments as they pertain to certain Councillors and comments they made at the Council meeting were quoted in the newspaper as having made, be received and filed. Question being taken, the motion was carried. 16. H. Sauerteig - Fundy Region Solid Waste Commission OrQanics Facilitv Over BudQet On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that the letter from H. Sauerteig referring to his letter considered by Council at its last meeting on the Fundy Region Solid Waste Commission organics facility over budget; and expressing the view that it should be mandatory for Council's representative on the Commission to keep Council informed in a monthly report on the quantities of the various wastes that the landfill received, together with pertinent financial information on the Commission's general operation, and on the progress and cost of its capital projects, and that Councillor Chase should explain how the promised reduction in tipping fees can be achieved, be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 88-728 COMMON COUNCIL OCTOBER 22, 2001 17. E & P Holdings Ltd. (Through Comprop Inc. - Agent) Re-ZoninQ Of Property At 535 Westmorland Road On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the application of E & P Holdings Ltd. (through Com prop Inc. - Agent) for the re-zoning of property located at 535 Westmorland Road 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, December 3,2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 18. Hughes Surveys & Consultants Ltd. - Amendment To Section 39 Conditions Of Re-Zoning Of Property Located At Corner Of Cheslev Drive I Bentlev Street On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Hughes Surveys & Consultants Ltd. for an amendment to the Section 39 conditions of re-zoning of property located at the corner of Chesley Drive and Bentley 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 Monday, December 3, 2001, at 7:00 o'clock p.m. Question being taken, the motion was carried. 19(a) Anne Lavin - (b) Diana J. Webster Accessibilitv To Pool At Aquatic Centre On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that the letters from (a) Anne Laven noting that the pool at the Aquatic Centre is not wheelchair accessible; and (b) Diana J. Webster noting the lack of a ramp or hydraulic lift at the Aquatic Centre to assist physically challenged people to access the pool; and requesting the installation of a hydraulic lift at the Aquatic Centre, be referred to the Aquatic Centre Commission. Question being taken, the motion was carried. Adjournment The Mayor, in adjourning the meeting, noted that the next regular meeting of Council in open session was scheduled for Monday, November 5, 2001 at 7:00 o'clock. Common Clerk