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2001-12-17_Minutes 88-794 COMMON COUNCIL DECEMBER 17, 2001 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of December, A.D. 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 Buildings and Inspection Services; S. Galbraith, Director of Works; B. Morrison, Director of Recreation and Parks; P. Hanlon, Manager of Water and Sewerage Services; K. Galbraith, Manager of Public Affairs; G. Yeomans, Comptroller; B. Belyea, Budget Officer; D. Logan, Purchasing Agent; E. LeBlanc, Insurance & Claims Officer; D. Harvey, Superintendent of Wastewater Treatment and Pumping; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. S. Greer, Communications Officer; 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. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that minutes of the meeting of Common Council, held on December 10, 2001, be approved. Councillor Teed raised a point of order on the basis of a number of people, whom he presumed were not on official duty, in attendance at this meeting carrying weapons, noting that people did not go to the Legislature or Parliament carrying weapons, and expressed the view that, if the Chief tolerated this kind of action, there was something wrong with the Police Force. Question being taken, the motion was carried. 3. Municipal Plan Amendment - 77 Golden Grove Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land with a frontage of approximately 96 metres (315 feet) on Golden Grove Road and an area of approximately 1.4 hectares (3.5 acres), located at 77 Golden Grove Road (NBGIC Number 300111), from Low Density Residential to Service Corridor classification, to permit re-zoning of the parcel of land from "RS-2" One and Two Family Suburban Residential to a special zone, and subsequent development of a combination of retail/commercial buildings and self-storage warehousing, as requested by Norman Ganong. 6. 2002 OperatinQ And Capital BudQets - General Fund Consideration was given to a report from the City Manager seeking Council's approval (1) of the recommended 2002 Operating and Capital Budgets of the General Fund, as submitted, establishing the Municipal tax rate at $1.725 per one hundred dollars of assessment; (2) of a series of recommendations, as submitted, 88-795 COMMON COUNCIL DECEMBER 17, 2001 intended to assist Council in controlling anticipated future increases in the Municipal tax rate; and (3) to initiate a process that would assist the Municipality in determining realistic expectations related to tax base growth, the appropriateness or fairness of the current property taxation system and an analysis of demographic trends in the community and the effects on Municipal service levels; comparing the current state of the economy and the transfer payments from the Province to the situation when Council approved the budget last year; and, given the downturn in the local economy and the erosion of the City's tax base with the Province's amendment of the Assessment Act to assist specific industries and properties, advising that staff concluded that it would be inappropriate to recommend to Common Council an Operating and Capital Budget that would necessitate Council having to rescind its stated policy of maintaining a stable tax rate, thus the focus in 2002 and in the long-term would be to ensure that core municipal services are provided at an affordable level. With regard to the proposed 2002 Operating Budget of $90,075,926, the report refers to the submitted Schedule III which indicates that non tax revenues are projected to amount to $7,162,800 in 2002, the Unconditional Grant at $19,120,190 and the Warrant, being the amount to be raised from property owners, budgeted at $63,792,936; and advises that, in considering and approving the proposed 2002 Operating Budget, Council would be deciding (1) not to pursue at the current time the managed plan to significantly improve the roads and streets network as recently presented, (2) to re-think the annual spring clean-up week program, (3) to accept the level of by-law enforcement that currently exists, (4) to either borrow funds to do necessary small and minor repairs to City facilities or, in fact, not to do repairs, (5) to hold staffing levels within the Parks Division of Community Services at current levels, (6) to continue to finance the "refreshment of technology" by issuing long- term debt, (7) to "cap" the City's investment in fleet replacement at $500,000 in 2002, (8) to continue to resource the Emergency Measures Organization as it currently exists, (9) to exercise more control over the cost of providing Fire Protection, (10) to approve a budget allocation of $15,788,591 to the Saint John Board of Police Commissioners for the provision of Police Services; (11) to accept the impact of the decisions of the Regional Facilities Commission which have had very significant consequences to both the Aquatic Centre and the Aitken Bicentennial Exhibition Centre, (12) to set the City's funding to Enterprise Saint John at a level equal to the base funding provided by the Federal and Provincial Governments; (13) to advise the Transit Commission that Council is only able to provide funding for operations at 85% of the 2002 request; and (14) to fund certain other organizations at levels equal to 50% of that provided in the year 2001. On the proposed 2002 Capital Budget which contemplates an investment of $9,209,000 in capital assets and anticipated borrowings of $6,751,000, the report advises that 62% of the capital investments has been earmarked for the continued improvement of the roads and streets network, as indicated in the submitted Schedule V, with the more significant projects being Red Head Road, McAllister Drive, Millidge Avenue, King Street, Falls View Drive, Churchill Boulevard, Rothesay Avenue and Spar Cove Road; suggests that, while the proposed Capital Budget does not set aside funds for the Waterfront Greenway Project, the servicing needs of the industrial parks, the requested improvements to the Golden Mile or the planned rebuilding of Water Street, Council should be receptive to representations in 2002 in support of these projects if (A) a business plan is prepared that illustrates that an investment in McAllister Park has a very quick payback period with little or no risk, (B) community support for the Greenway Project is such that a number of other public and private partners are prepared to make investments, (C) the West Side Business Association is successful in having the Province commit to the Golden Mile, a Provincially designated highway, and (D) the Waterfront Development Partnership, along with other community stakeholders, can alleviate Council's concerns with respect to the timing of the rebuilding of Water Street; and submits Schedule 5A which lists the projects in the proposed 2002 General Fund Capital Program. With respect to planning for the future in (1) maintaining a stable, or perhaps even an acceptable, tax rate, while (2) being aware of Council's strong desire to position the Municipality competitively when it comes to property taxation levels, and (3) to ensure that residents and businesses can afford to live within this community, the report notes that, if Council accepts the premise that (a) the unconditional grant may continue to reduce in years to come, (2) the tax base growth will be minimal for the next few years, and (3) there will continue to be strong opposition to any decision by Council to raise more revenue by increasing the tax rate, a concerted effort must be made to control the overall operational costs and, with this in mind, staff in addition to seeking Council's approval for the 2002 Operating Capital Budgets is proposing a series of recommendations to assist Council in controlling operating costs, in ceasing involvement in certain activities, and in lowering community expectations; sets out a process to move forward so as not to lose sight of the Municipality's role in advancing the wellbeing of the community, involving seeking the advice of qualified professionals; and concludes that, 88-796 COMMON COUNCIL DECEMBER 17, 2001 in approving the recommendations in the submitted Schedules 1 and II, Council will be controlling costs in the short run and putting in place processes that will assist Council in dealing with these difficult issues over the longer term. Mr. Totten, having read the above report, expressed the understanding that Council would prefer to deal separately with the recommendations set out in Schedules I and II. On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the 2002 Municipal Tax Rate be set at $1.725 per $100 of assessment: AND FURTHER that the amount of $90,075,926 be adopted as the estimate required for the operation of the City of Saint John for 2002 as follows: 2.1 2.2 2.3 2.4 2.5 2.6 2.7 General Government Services Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation and Cultural Services Fiscal Charges $ 8,258,473 $34,858,822 $18,038,987 $ 2,662,856 $ 6,944,680 $ 6,326,812 $12,985,296 AND FURTHER that the amount of $7,162,800 be adopted as the estimate for Non-Tax Revenue for the Year 2002: AND FURTHER that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the Year 2002 be adopted in the amount of $63,792,936: AND FURTHER that the Commissioner of Finance be given authority to disburse funds, the time of which to be at his discretion, to the organizations mentioned in the submitted Schedule III C: AND FURTHER that the amount of $9,209,000 be adopted as the estimate of the 2002 Capital Budget for 2003 as follows: 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Economic Development Initiatives Transportation Initiatives Environment Landfill Closeout Processes Supported by Technology Fleet City Buildings and Facilities Municipal-owned Facilities Protective Services $ 545,000 $5,700,000 $ 325,000 $1,000,000 $ 500,000 $ 400,000 $ 525,000 $ 214,000 AND FURTHER that the Provincial Unconditional Grant of $19,120,190 be incorporated in the 2002 Budget. The attendance at the meeting of a number of City employees, including management and union personnel, as well as a delegation of police officers, was noted, and the Council members spoke, in turn, in the above regard during which time Councillor Court spoke to his concern about the significance and ramifications of the budget on the Police Force, the Fire Department and, at some point in time, a lesser number of people to deliver services whether it be police, fire or roads with a decrease in the City's ability to provide adequate and safe services to the citizens of Saint John, as well as on (1) the effect the budget would have on labour relations with the civic unions, (2) the lack of funding in it for, for example, the Simonds Arena and a new police station for sometime in the future, (3) the severe cutting to various organizations and groups, and (4) the possibility of the City being in the same position ten months from now in that, to make long-term plans, it needed to know where the Provincial Government was going in the area of the unconditional grant and how municipalities were to generate new or replacement funding if the unconditional grant disappeared. Councillor Fitzpatrick expressed concern about the effect of the budget proposal on the Transit Commission and on organizations such as the Cherry Brook Zoo, the Boys & Girls Club and the 88-797 COMMON COUNCIL DECEMBER 17, 2001 Human Development Council, as well as concern that, while the City reduced its funding to the Regional Facilities Commission by $23,000, he had no say in where the Commission would allocate it, and noted the closure of the Aitken Bicentennial Exhibition Centre and the increase in funding to the Imperial Theatre. Question being taken, the motion was carried with Councillor Court voting "nay". On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council authorize the Mayor to establish and serve as Chair of an ad hoc working group consisting of the City Manager, appropriate department heads, representatives from each of the four bargaining units and a representative of the Police Commission, the purpose of this committee being three-fold: (1) to explore all options with respect to controlling future labor costs, particularly but not limited to Protective Services, (2) to work cooperatively to protect and enhance the City's revenue-raising capacity, including that which flows from other levels of government, and (3) to provide a progress report to Common Council no later than April 30, 2002 so as to ensure that sufficient time is available to implement the committee's recommendations or to pursue other options: AND FURTHER that Common Council advise the Human Development Council, the Cherry Brook Zoo, the Saint John Horticultural Association, and the Rotary Boys and Girls Club that the City is no longer in a position to provide funding beyond the amount being approved in 2002: AND FURTHER that Common Council approach the Business Faculty of UNBSJ in an effort to have the Business School undertake an analysis with the following specific objectives: Investment: To provide Council with an objective assessment of the potential for future tax base growth in this community; Revenue: To provide Council with a detailed analysis of the property taxation system in New Brunswick and recommend changes so as to strengthen industrial urban cores; Planning: To provide a detailed analysis of the demographic trends in this community and their future impact on municipal service requirements and expectations. Question being taken, the motion was carried with Councillors Court and Fitzpatrick voting "nay". (Deputy Mayor White and Councillor Fitzgerald withdrew from the meeting.) 7. Tender For Pipe ThawinQ Machine On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender submitted by Hewitt Equipment Ltd. be accepted for the supply of one new pipe thawing machine, in the amount of $93,300, plus tax. (Deputy Mayor White and Councillor Fitzgerald re-entered the meeting.) Question being taken, the motion was carried. 8. Tender For Contract 2001-26 On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, Contract 2001-26: Phase X closure - Spruce Lake landfill engineered wetlands, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $280,762, as based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. 88-798 COMMON COUNCIL DECEMBER 17, 2001 Question being taken, the motion was carried. 9. 2002 Insurance On motion of Councillor Ball Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Council accept the insurance package offered by Frank Cowan Company Limited, and approve payment as follows: Frank Cowan Company Limited - $650,699; Huestis Insurance Limited - $34,000, for a total of $684,699. Question being taken, the motion was carried. 10. PeQQY's Lane On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising, further to Council's June 4, 2001 request for information on Peggy's Lane which is a short gravel road located in the western portion of the City at the intersection of Seawood Lane and Fishermans Road and provides access to four homes in the area, it has been determined that Peggy's Lane is in fact a public street which provides access to more than one citizen, and Municipal Operations will provide services to Peggy's Lane consisting of road maintenance, including periodic surface grading, drainage control (as can be provided on the narrow right-of-way) and snow clearing. Question being taken, the motion was carried. 11. Infrastructure Funding For MillidQeville Wastewater Treatment Plant Read a report from the City Manager recommending acceptance of the Province's offer of infrastructure funding for the Millidgeville wastewater treatment plant, as per the Minister of Environment and Local Government, which was considered by Council on November 5, 2001. On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the City of Saint John accept the offer by the Province of New Brunswick, as per The Honourable Jim Jardine, Minister of Environment and Local Government, for project #63.99.01.550.02, Millidgeville wastewater treatment plant, and the Mayor and Common Clerk be authorized to execute the acceptance. Question being taken, the motion was carried. 12. Municipal Services Easement - 385 Rothesay Avenue On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council assent to the submitted photo-reduced tentative subdivision plan of 385 Rothesay Avenue and to any required municipal services easements. Question being taken, the motion was carried. 88-799 COMMON COUNCIL DECEMBER 17, 2001 13. Amendment To Council Resolutions Re Sale Of Land Under Prince Edward Square Mall On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council amend its resolutions of April 17, 2001 and August 7, 2001 pertaining to the sale of land to Tidan Inc. by deleting the closing date of December 31,2001 and inserting in its place "March 29, 2002", and all other aspects of the resolutions remain the same. Question being taken, the motion was carried. 14. CompostinQ ProQram On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager providing Council with information relative to the community composting initiative, further to a request at a recent Council meeting for an update on how the composting program has been going in Saint John since it was introduced last August; and concluding that the program has gotten off to a good start, better than expected in many regards and, while this is positive, the participation rate needs to be increased and education efforts maintained and increased, thus the Fundy Region Solid Waste Commission should be encouraged to focus attention on this area in the coming months, be received and filed and staff continue to monitor the community composting program and report to Council periodically on the progress of implementation. Question being taken, the motion was carried. 14A. Provincially DesiQnated HiQhways - Funds From Province On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager submitting a table and graph indicating the amount of Provincial expenditures for capital improvements to Provincially designated highways for the years 1991 to 2000, further to Council's adoption on November 5, 20010f the 5-year capital improvement program for Provincially designated highways for 2002-2006 at which time the amount of funds reimbursed to the City by the Provincial Department of Transportation was questioned; and advising that, in addition to the funding for street improvements, the Province contributed $91,875.33 annually representing the 20-year amortization cost for Bayside Drive as per the DREE (Department of Regional Economic Expansion) agreement and it also contributes funding every year for summer and winter maintenance of Provincially designated highways within the City boundaries, such amounts not having been included in either column of the tabulated results, be received and filed. Question being taken, the motion was carried. 15. ReQional Facilities Commission - 2002 BudQet Decisions On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from the Regional Facilities Commission submitting a detailed schedule showing the funding approved for participating facilities and a breakdown of funding by municipal unit for the year 2002, be received and filed. Question being taken, the motion was carried with Councillors Court and Fitzpatrick voting "nay". 88-800 COMMON COUNCIL DECEMBER 17, 2001 16. Second Venture Ltd. - ParkinQ On Wentworth Street On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the letter from Pat Rocca, President of Second Venture Ltd. and owner of the property located at 211-219 Wentworth Street, requesting an amendment to the Traffic By-law by lifting the parking restriction that restricts parking on one side of Wentworth Street for one hour only, between St. James and Queen Streets, to coincide with the rest of the Street, be referred to the City Manager and the Parking Commission. Question being taken, the motion was carried. 17. Saint John Board of Trade (a) Modifications To New Brunswick Municipal Finance System ebl BudQet Considerations And Tax Rate On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the letters from the Saint John Board of Trade (a) regarding the meeting of the Mayor and Members of Council with its Municipal Affairs Committee to discuss areas of working together to grow the community and develop improved opportunities for the residents of Saint John; advising that the Board has reached consensus that it would like to play an active role in working with Council to pursue modifications to the New Brunswick municipal finance system starting in the new year; and offering its support to the Mayor and Members of Council in this regard; and (b) advising that the two suggestions made by the President of the Saint John Police Protective Association at its presentation at Council's last meeting that the Board of Trade was urging Council to reduce the size of the City's Police Department and also that it had successfully lobbied the Province to freeze industrial assessments were false; and commenting on the Board's focus in its submissions to the City over many years regarding the impact of property taxes, as well as on the opportunities it hopes will be identified in working with Council to pursue modifications to New Brunswick's municipal finance system, be received and filed. Question being taken, the motion was carried. 18(a) Catherine Doucette, (b) Brenda Cullins, (c) Dorina Justason, (d) Jeremy Merrithew eel Dawn L. Goff - 2002 BudQet Decisions On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the letters from (a) Catherine Doucette, (b) Brenda Cullins, (c) Dorina Justason, (d) Jeremy Merrithew and (e) Dawn L. Goff, commenting with respect to Council decisions on the 2002 budget, be received and filed. Councillor Teed suggested that the motion should also thank the people concerned for their letters and, in sending them a copy of the 2002 budget, ask them what they think of the number of City employees living outside the City. Question being taken, the motion was carried with Councillor Teed voting "nay". 19. Peter Buckland Gallerv - FundinQ To Arts & Culture Councillor Fitzpatrick proposed a motion, which was not seconded, to invite Peter Buckland to address Council in the new year regarding funding to the arts and culture sector in Saint John. 88-801 COMMON COUNCIL DECEMBER 17, 2001 On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Peter Buckland Gallery expressing concern regarding the continuing deterioration of funding to the arts and culture sector in Saint John, the most recent cuts in spending having seemingly signalled the end of the Aitken Bicentennial Exhibition Centre thus creating another serious void in the cultural life of the City; and requesting an opportunity to make a brief presentation to Common Council concerning this issue, be referred to the Regional Facilities Commission. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. 20. Andrea Schaerer & Linda Johnston - Amendment To Section 39 Conditions Of Re-ZoninQ Of 661 Dever Road On motion of Councillor Titus Seconded by Councillor Fitzpatrick RESOLVED that the application of Andrew Schaerer and Linda Johnston for an amendment to the Section 39 conditions of re-zoning of the property located at 661 Dever Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 21, 2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 21. Saint John District Labour Council - City's 2002 BudQet On motion of Councillor Fitzgerald Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John District Labour Council advising of the discussion at its December monthly meeting over the City's current predicament of its budget shortfall for next year at which time it was agreed that the shortfall was from the continued rising percentage of money the Provincial Government keeps for itself from tax dollars it collects from residents in Saint John and from the very kind financial gifts it has bestowed on different industries in the City; expressing concern that low staffing in the Fire Department, resulting in longer response time, could have an effect on higher insurance premiums for residents of Saint John, and that this might also apply to house and car insurance if there is not an adequate Police Force; and encouraging the Mayor and Council to lead the way and not to take the easy path by making cuts to any services, and to look after the people who elected them, a path that is known to be the safer one for all constituents, be received and filed. Question being taken, the motion was carried. 4. Tvpes Of Manholes In City Read a letter from Councillor Teed submitting pictures of various types of manholes used on streets and sidewalks in the City, the surfaces of which vary, being difficult for pedestrians to walk on and for snowplowing, including a picture of the type of cover used by the Power Commission which, when located on sidewalks, creates a hazard for pedestrians due to the unusual surfaces, in particular, a raised curved cover at the foot of King Street South; and proposing, keeping in mind the safety of pedestrians, that Saint John Energy be requested to review the use of this type of cover when power conduits need a manhole cover set in the surface of a sidewalk and further that Uptown Saint John be requested to forward its view on the type and use of manhole covers on City sidewalks, and further that City staff be directed to ensure that, when manhole covers are located on sidewalks or street crosswalks, the surfaces are compatible with pedestrians' use. 88-802 COMMON COUNCIL DECEMBER 17, 2001 On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the above letter from Councillor Teed be referred to the City Manager for discussion with Saint John Energy. (Councillor Trites re-entered the meeting.) Question being taken, the motion was carried with Councillors Court and Desmond voting "nay". 5. Use Of Road Salt Consideration was given to a letter from Councillor Teed regarding the City's recent acceptance of tenders for the supply of road salt for use during the winter and the Federal Government's announcement of a two-year plan for restricting the use of road salt and to add road salt to its list of toxic substances; and suggesting that, in view of the Federal Government's plans, it would seem appropriate that Council be better informed as to the use of road salt in relation to the use of sand and the weather conditions which require such, as well as the relative costs with a view of (a) using the most effective materials or mixtures of materials in relation to safety, (b) environmental damage, and (c) sewage treatment effects. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the above letter from Councillor Teed be referred to the City Manager. Question being taken, the motion was carried. SA. Development Of DanQerous Substance Laboratorv Read a letter from Councillor Teed advising that he learned, with interest, that Saint John has been chosen to be home to the Province's new dangerous substances laboratory, and proposing that Council place itself on record as appreciating this positive action by the Province, and Premier Bernard Lord be so notified. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the Common Council of the City of Saint John go on record in appreciation of the positive action by the Province in choosing Saint John to be home to the Province's new dangerous substances laboratory, and Premier Bernard Lord be so notified. (Councillor Desmond withdrew from the meeting.) Question being taken, the motion was carried. Adiournment The Mayor noted the next regular meeting of Common Council on January 7, 2002, and the City levee on January 1, 2002 commencing at 11 :00 o'clock a.m., as well as the holiday garbage collection schedule as advertised in the newspaper. The Mayor declared the meeting adjourned. Common Clerk