Loading...
2002-06-24_Minutes 89-147 COMMON COUNCIL JUNE 24, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of June, AD. 2002, at 7:15 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. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; S. Galbraith, Director of Works; J. Mcintyre, Manager of Human Resources; G. Tait, Fire Chief; A Bodechon, Deputy Chief of Police; D. Logan, Purchasing Agent; P. Morgan, Personnel Officer; S. Garnett, Senior Personnel Officer; 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 Deacon Robert Freill of the Roman Catholic Diocese of Saint John offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the minutes of the meeting of Common Council, held on June 10, 2002, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Of Re-Zoning Of 640 McAllister Drive (now 550 McAllister Drive) The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the 1988 re-zoning of a parcel of land located at 640 McAllister Drive (now 550 McAllister Drive), having a frontage of approximately 366 metres (1200 feet) on McAllister Drive and approximately 34 metres (112 feet) on Loch Lomond Road, and an area of approximately 10 hectares (25 acres), also identified as NBGIC Number 436675, to permit a portion of the subject site to be subdivided and developed as a wholesale warehouse facility with a retail component, fronting directly on McAllister Drive, as requested by Carquest Canada Realty Inc., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at the Committee's June 18,2002 meeting at which Richard Turner of Hughes Surveys & Consultants Inc. appeared on behalf of the applicant and expressed agreement with the staff recommendation and, with regard to the submitted letter of concern from Little Angels Daycare, indicated that the truck driveway will be paved and the proposed condition (h) could be modified to specifically include that fencing between the two properties as one of the features to be approved by the Development Officer on the site plan; advising that the Committee adopted the staff recommendation with the addition of fencing to condition (h) as suggested by the applicant; and recommending an amendment to the Section 39 conditions. 89-148 COMMON COUNCIL JUNE 24, 2002 Richard Turner of Hughes Surveys & Consultants Ltd. appeared on behalf of the applicant in support of the proposed re-zoning; advised the applicant addressed the concerns raised regarding fencing; and expressed agreement with the staff report and the Planning Advisory Committee's recommendation. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the 1988 re-zoning of a parcel of land located at 640 McAllister Drive (now 550 McAllister Drive), having a frontage of approximately 366 metres (1200 feet) on McAllister Drive and approximately 34 metres (112 feet) on Loch Lomond Road, and an area of approximately 10 hectares (25 acres), also identified as PID Number 436675, to permit the creation and development of proposed Lot 02-1 as follows: (a) the development of proposed Lot 02-1 is limited to the proposed wholesale warehouse facility, which may include incidental retail sales; (b) the proponent must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; (c) adequate site drainage facilities must be provided by the proponent in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (d) all utilities, including power and telephone, must be provided underground; (e) all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the proponent, and the landscaping must extend onto the City street right-of-way to the edge of the City curb/sidewalk; (f) there shall be no outdoor storage of goods or materials; (g) buildings must be constructed to the standards required by the "BP" Business Park zone, including the use of high-quality finishes on elevations facing McAllister Drive, and may not include on any surface: galvanized, unfinished metal or concrete block or panels without an architectural finish; (h) the site shall not be developed except in accordance with a detailed site plan and building elevation plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas, fencing adjacent to the property at 815 Loch Lomond Road and other site features, and the approved site plan must be attached to the application for building permit for the development; and (i) all site improvements as shown on the approved site and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business, and landscaping must be completed within one year of building permit approval. Question being taken, the motion was carried. On motion of Councillor Ball Seconded by Councillor Trites RESOLVED that the correspondence in the above regard be received and filed. Question being taken, the motion was carried. The Mayor recognized the presence at the meeting of Carole Keddy, MLA for Saint John Champlain, and asked for consideration at this time of agenda items 17 and 18. 17. Saint John ThrouQhwav Access And Truck Traffic Study Read a report from the City Manager submitting the Saint John Throughway Access and Truck Study prepared by ADI Limited, which was recently completed as a supplement to the 1999 Transportation Study with the general objective of providing safe and fluent general and truck traffic access to the East Saint John industrial area and to divert truck traffic from Uptown commercial, waterfront and pedestrian-oriented areas and a secondary objective of evaluating truck routes in West Saint John to reduce conflicts with residential areas and improve pedestrian safety; and providing an overview of the five options recommended for further study - Option 1: Crown Street Interchange Ramp, Option 2: One-Mile House Interchange, Option 3: McAllister Drive Interchange and East Side Extension; Option 4: Fox Farm Road East Side Extension; Option 5: East Side Extension from Route 111 (Airport). The report 89-149 COMMON COUNCIL JUNE 24, 2002 advises that the One-Mile House Interchange - Option 2 was found to be the most cost- effective means of fulfilling truck routing network objectives to satisfy present and future Throughway access demands of East Saint John; comments on the Study in terms of secondary objective; and sets out a recommendation for Council's consideration. Mr. Groody gave an overview of the study which was completed on a cost-sharing basis with the Province of New Brunswick; reviewed the proposed best option being the One-Mile House Interchange; spoke to the issue of truck traffic on the west side of the City and Simms Corner; and asked for Council's support regarding the project. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council (1) reaffirm the Saint John Throughway Transportation Access Project (One-Mile House Interchange) as the City's foremost transportation system priority; (2) request input and support from the Saint John business-industrial sector for the Saint John Throughway Access Project (One-Mile House Interchange) and authorize the City Manager to circulate copies of the study report to appropriate representatives; (3) authorize the City Manager to initiate discussions with NBDOT and others on the importance of this Project to the economic vitality and industrial growth of this region; (4) authorize the City Manager to make application under the Municipal Designated Highways Grant Program to upgrade the Ocean Westway segment of Route 100 and further formally request its de-designation as a truck route, upon completion of approved upgrading; (5) postpone any request to remove truck traffic on the Manawagonish Road segment of Route 100, extending eastward from Route 7 to Fairville Boulevard; (6) authorize the City Manager to request NBDOT to reconfigure the eastbound exit ramp from the Throughout at its intersection with Bleury Street and further to conduct traffic analysis and install traffic signals if warranted; and (7) maintain truck routes to the Ferry Terminal and the Port of Saint John until such time that Simms Corner and Fairville Boulevard are reconfigured. Councillor Teed expressed concern regarding the recommendation that after due consideration Council reaffirm the Saint John Throughway Access Project as the City's foremost transportation system priority, and questioned when due consideration would be given; whereupon Councillor Trites proposed an amendment which was seconded by Councillor Desmond, that the words "after due consideration" in recommendation (2) be removed, and the numerical sequence of recommendations (1) and (2) be reversed. The Mayor called for the question on the motion, with the amendment, as set out above. Question being taken, the motion was carried. 18. WorkinQ AQreement With CUPE Local 18 On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council approve the renewed working agreement with the Canadian Union of Employees, Local 18 (Outside Workers) for a term to December 31, 2006, and the associated transition letter of agreement, both as outlined in the City Manager's submitted report and in the submitted package of documentation, subject to review by the City Solicitor as to legality and form. Mr. Totten noted the workforce has been reduced from 421 in 1992 to 298 in 2002; and explained the renewed working agreement addresses education, flexibility for the City, and recognizes a number of cost concerns. Mr. Groody pointed out the proposed agreement will introduce a completely new work structure which is comprised of the following areas of service, Water and Waste Waster, Public Works and Transportation, Recreation and Parks, and Materials and Fleet Management; advised the agreement will allow the City to prepare for the future by making it a learning workplace and explained that staff will be attaining industry recognized certification which is accepted across North America. Mr. Beckett reviewed the financial 89-150 COMMON COUNCIL JUNE 24, 2002 implications; advised a new wage structure will commence July 1, 2002; commented regarding the training and development program; and stated the wage settlement proposed for the three year period 2004-2006, beyond the current working agreement, is an annual increase of 2.75%. During discussion Councillor Ball questioned if the City would still be afforded the opportunity to have discussions with Local 18 if an operational review was carried out; expressed concern that employees seem to be dictating to management the number of staff required to do jobs; stressed that management should be deciding the number of employees required; and advised he was not prepared to support the agreement at this time. Councillor Chase advised he could not support the agreement unless the clause guaranteeing 293 positions was removed. Question being taken, the motion was carried with Councillors Ball, Chase, and Teed voting "nay". The Mayor asked for consideration at this time of agenda items 47 and 49. 47. Brent Mason - Request To Present Petition Re Possible Sale Of ExistinQ Park & Green Spaces Within City 49. M.E. cobham-Mollins - Request To Speak On Issue Of Green Space. Tucker Park Consideration was given to a letter from Brent Mason requesting to present a petition to Common Council on the subject concerning the possible sale of existing park and green space within the City of Saint John, and a letter from M.E. Cobham-Mollins requesting to speak on the issue of green space, Tucker Park, regarding its possible sale, should this item be addressed at Council's June 24, 2002 meeting. Mayor McAlary explained that the possible sale of existing park and green spaces were ideas put forth by the Task Force and were not recommendations made by Council; and called for a tabling motion with the intent of contacting the individuals who submitted the above noted letters if and when this matter is dealt with by Council. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the letters from Brent Mason and M.E. Cob ham Mollins regarding the possible sale of existing park and green space be referred to the Mayor's Task Force on New Ways of Doing Business and, if Council determines to consider this suggestion of the Task Force, Mr. Mason and Ms. Cobham Mollins would be given the opportunity to appear before Council to express their opinion in this regard. Mr. Brent Mason submitted a petition regarding the above matter and Mayor McAlary advised that a copy of the petition would be distributed to the Task Force on New Ways of Doing Business. Question being taken, the motion was carried. 19. 2002 Bond Issue Consideration was given to a report from the City Manager advising that, further to the Notice of Motion at Council's April 16, 2002 meeting of the need to borrow $18,360,000, the total borrowing requirement has been reduced to $15,660,000, and the remaining $2,700,000 in cash flow is not required at this time and will be borrowed during the 2003 bonding period; and recommending adoption of the resolution as set out herein. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: 89-151 COMMON COUNCIL JUNE 24, 2002 GENERAL FUND: General Government Protective Services Transportation Services Environmental Health Environmental Development Recreation and Culture $ 250,000 $ 940,000 $3,960,000 $ 320,000 $2,090,000 $ 400,000 $ 7,960,000 WATER & SEWERAGE UTILITY Water System Sewer System $2,660,000 $5,040,000 $ 7,700,000 Public Transit $ 0 $15,660,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $15,660,000: AND FURTHER that, subject to paragraph 4 of this resolution, the Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the Corporation) a City of Saint John bond or debenture in the principal amount of $15,660,000 at such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agrees to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation: AND FURTHER that the Commissioner of Finance is hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 7.00% and at a term not to exceed 10 years: AND FURTHER that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. 20. EnQineerinQ Inspection And TestinQ Services 2002 On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the proposal of ADI Limited, in the amount of $18.75 per cylinder for testing Portland cement concrete, $15,700.00 for testing and/or inspection of asphalt concrete, and professional services for soils compaction testing (an Engineering Technologist at $31.05 per hour and Geotechnical Engineer at $75.00 per hour), be accepted. Question being taken, the motion was carried. 21. Design And Construction Management - Sandy Point Road Water And Sewer Extension And Road Reconstruction On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of Key Surveys & Engineering Limited be accepted for 89-152 COMMON COUNCIL JUNE 24, 2002 engineering services (design and construction management) for the Sandy Point Road water and sewer extension, and road reconstruction. Question being taken, the motion was carried. 22. Tender For Contract No. 2002-11 24. Tender For Contract 2002-22 Consideration was given to a report from the City Manager regarding tenders for Contract 2002-11, High Ridge Road - First Avenue water and sewer construction, noting that Nautilus Construction & Rentals Ltd., the second lowest tenderer, failed to bid item B7 (for closed circuit television video inspection) and staff is of the opinion that its bid should be rejected for its failure to comply with subsection 3(c) of the procedures; and Dean Construction Ltd., the lowest tenderer, in subsection 4.3.02 respecting recent contracts, listed three contracts, with the most recent being almost five years ago in Sept./Nov. 1997 and did not fill in anything in subsection 4.3.03 of the form, and staff is of the opinion that its bid should be rejected; and that the third lowest tenderer, Maguire Excavating Ltd., was found to be formal in all respects and staff is of the opinion that it has the necessary resources and expertise to perform the work, and recommends that its tender be accepted. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2002-11, High Ridge Road - First Avenue water and sewer construction, be awarded to Maguire Excavating Ltd, at the tendered price of $431,698.50, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary documents. During ensuing discussion, it was noted that the report from the City Manager on the tender for Contract 2002-22, Olive Street water and sewer renewal, which is to be considered at this meeting, advises that the low bidder was afforded the opportunity subsequent to the tender closing to provide more detailed information regarding the projects listed in section 4.3.02. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the reports from the City Manager regarding tenders for Contract No. 2002-11 - High Ridge Road - First Avenue water and sewer construction, and Contract No. 2002-22 Olive Street water and sewer renewal, be referred for consideration in Legal Session. Question being taken, the referral motion was carried with Councillors Ball, Fitzgerald and Titus voting "nay". 23. Tender For Contract 2002-17 On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Contract 2002-17, Golden Grove Road expanded asphalt stabilization project, be awarded to Industrial Cold Milling, at the tendered price of $43,482.00, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 89-153 COMMON COUNCIL JUNE 24, 2002 25. Tender For Flow MonitorinQ Equipment On motion of Deputy Mayor White Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender for flow monitoring equipment be awarded to ABB Inc. and Veronics Instruments Inc. as indicated in the submitted bid summary. Question being taken, the motion was carried. 26. Tender For Municipal castinQs On motion of Councillor Trites Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the tender submitted by Strescon Ltd. be accepted for the establishment of a supply agreement for the provision of municipal castings, for a period of 24 months, as detailed in the submitted summary of bids. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. 27. Tender For Computer Network Equipment On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the tender of XWave be accepted for the supply of computer network equipment, at a total cost of $71,855.21, plus tax. Question being taken, the motion was carried. 28. Tender For Safety Work Boots On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, the tender submitted by Green Lee Shoes be accepted for the establishment of a supply agreement for the provision of safety work boots, for a period of 2 years from the date of award by Council, as indicated in the submitted bid summary. Mr. Logan confirmed that the bid summary should show that item 1. B Liners #VFOBEDFC is awarded to Green Lee Shoes. Question being taken, the motion was carried. 29. EnQineerinQ Consultants On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that the report from the City Manager providing follow-up information in response to a question, at the May 21,2002 Council meeting, as to the possibility of other municipalities engaging only local consulting firms to carry out engineering work; and concluding that the procedures of other municipalities regarding consultant engagement will be monitored by staff and, if it becomes evident that other municipalities are engaging only local consulting firms to carry out engineering work, then staff will advise Council and recommend that Council consider this issue for discussion at future meetings of the Cities of New Brunswick Association, be received and filed. Question being taken, the motion was carried. 89-154 COMMON COUNCIL JUNE 24, 2002 30. Market Place Crosswalk On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the report from the City Manager referring to his previous report to the April 8, 2002 Council meeting on the pedestrian crossing near the Carleton Community Centre at Market Place and Council's request that staff review the situation again to see what other steps could be taken to improve pedestrian safety; advising of the installation, since his previous report, of high- visibility (fluorescent yellow/green) crosswalk warning signals, on a trial basis, in advance of the Duke Street intersection from both directions and the installation of new crosswalk signs at the crosswalk location itself, as well as the addition to Market Place of speed limit signs (50 km/hr) and the recent repainting of the crosswalk with a more visible pattern to be added; and advising of a number of other options considered by staff to increase pedestrian safety, be received and filed and a copy forwarded to the Carleton Community Center Advisory Committee. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 31. Acquisition Of 238-240 Crown Street Read a report from the City Manager further to the Committee of the Whole referral of an offer from Kenneth C. Layden to sell to the City the building and lot at 238-240 Crown Street for $1.00. On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, (1) the City of Saint John acquire the fee simple absolute interest in 238- 240 Crown Street (PID Number 55003339 - see submitted plan), from Kenneth C. Layden for $1.00 (plus HST, if applicable); (2) the City shall pay up to $350.00 for a mortgage discharge from the Royal Bank of Canada in relation to this acquisition; (3) the City shall demolish 238-240 Crown Street; and (4) the City shall administer the payment of all legal requirements related to this acquisition. Question being taken, the motion was carried. 32. PUB HearinQ On Point Lepreau Refurbishment Proposal On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the report from the City Manager presenting information concerning the Public Utility Board's review of the Point Lepreau refurbishment proposal, staff having attended the hearings on the load forecast of NB Power, held by the Board on April 29 and 30, 2002, be received and filed. Question being taken, the motion was carried. (Councillor Court withdrew from the meeting as he was not present for the June 10,2002 public hearing for the proposed re-zoning of 165 Union Street.) 33. Zoning By-law Text Amendment & Re-ZoninQ Of 165 Union Street On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John", by (1) adding "special zones "SZ#10" to the list of zones in Section 30(1) and its uses and standards as Section 740(10); and (2) re-zoning a parcel of land located at 165 Union Street (PID Numbers 12161 and 12179), having an area of approximately 1210 89-155 COMMON COUNCIL JUNE 24, 2002 square metres, from "B-3" Central Business to "SZ#10" Special Zone #10 classification, be read. Question being taken, the motion was carried. (Deputy Mayor White withdrew from the meeting.) The by-law entitled, "By-law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John", was read in its entirety. On motion of Councillor Titus Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-law Number C.P. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John", by (1) adding the following to the list of zones in Section 30(1): "special zones SZ#10"; (2) adding the following as Section 740(10): "(10) Special Zone #10 (SZ#10) (a) Uses - Any land, building or structure may be used for the purpose of, and for no other purpose than, (i) the following uses: a club or lounge, all other uses permitted in Section 540(1)(a), subject to any applicable conditions contained in Section 540(3); (ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 540(1)(b), subject to any applicable conditions contained in Section 540(3); (iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone; (b) Zone Standards - Standards for development in Special Zone #10 shall be as set out in Section 540(4), and Section 810 to 910 where this zone shall be considered a "B-3" zone, a "B" zone, or a business zone, as the case may be"; and (3) re-zoning a parcel of land located at 165 Union Street (PID Numbers 12161 and 12179), having an area of approximately 1210 square metres, from "B-3" Central Business to "SZ#10" Special Zone #10, 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. 100-597 A Law To Amend The Zoning By-law Of The City Of Saint John". (Deputy Mayor White and Councillor Court re-entered the meeting.) 34. 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, June 10, 2002, when there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase, Desmond, Fitzgerald, Fitzpatrick, 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 subdivide and sell an 11-acre portion of PID Number 55058986 located the north side of the former Howes Lake dumpsite (as generally shown on the submitted plan) to Property Management/PROMAN Ltd., for the sum of $22,000 plus HST, subject to the following terms and conditions: (a) Property Management/PROMAN Ltd. will reimburse the City of Saint John for all costs in relation to the subdivision of PID Number 55058986, (b) Property Management/PROMAN Ltd. will save harmless and indemnify the City of Saint John from any and all actions or claims arising out of the purchase and/or future development of the subject parcel; and (c) Property Management/PROMAN Ltd. be advised that the City of Saint John is not implicitly or explicitly obligated to approve re- zoning applications or subdivision plans arising out of this sale; and further that the Mayor and Common Clerk be authorized to execute any document required to facilitate this conveyance. 89-156 COMMON COUNCIL JUNE 24, 2002 2. That as recommended by the City Manager, Common Council seek the concurrence of the Planning Advisory Committee for the sale of PID Number 55143010 (221 Cosy Lake Road) as generally shown on the submitted plan and, in the event the Planning Advisory Committee concurs with the sale of the aforesaid land, the City of Saint John sell PID Number 55143010 to Joseph R. Debly for $2,400 (plus HST, if applicable) on the condition that PID Number 55143010 is not a building lot and must be used in conjunction with an adjacent parcel(s), and the Mayor and Common Clerk be authorized to execute and transfer any related documents. June 24, 2002, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. (Councillor Chase withdrew from the meeting.) 34.1. Subdivision I Sale Of Land North Of Former Howes Lake Dumpsite On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) 34.2. Sale Of 221 COSy Lake Road On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 35. Planning Advisory Committee - Land For Public Purposes WestQate Park Subdivision. 1854 ManawaQonish Road On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the proposed exchange of an existing land for public purposes dedication, identified as PID Number 55118624, with an area of approximately 538 square metres (5,791 square feet), for an equivalent area of land from a parcel identified as PID Number 55118764, as illustrated on the submitted diagrams, at the Westgate Park Subdivision, 1854 Manawagonish Road. Question being taken, the motion was carried. 36. Minister Of Environment And Local Government Closure And Remediation Effort At Landfill Sites On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from The Honourable Kim Jardine, Minister of Environment and Local Government, to the Mayor, confirming, further to the initiatives regarding the permanent closure and remediation effort at the City of Saint John landfill sites, that financial participation is committed by her Department for the current budget year 2002-2003 as outlined, be received and filed. Question being taken, the motion was carried. 89-157 COMMON COUNCIL JUNE 24, 2002 37. New Brunswick Historical Society - Revival Of Charter Fairs On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from Dennis Knibb, Past President of the New Brunswick Historical Society, further to Council's May 21, 2002 referral of the suggestion for a revival of Charter fairs in the City of Saint John; providing his personal response as the Society's new Executive will not meet until September; and advising that, on balance, he sees little point in reviving the concept of a Charter fair, which has not been held for over a century, and suggests efforts be put into a livelier Loyalist City Heritage Festival in mid-July, be received and filed. Question being taken, the motion was carried. 38. Saint John Canada Day Celebration Committee Financial Support For Fireworks Displav 39. Saint John Canada Day Celebration Committee Financial Support Re Cost Of Celebrations On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from Mike McGraw, Chair of the Saint John Canada Day Celebration Committee, requesting financial support for a grand finale fireworks display over Saint John Harbour to celebrate Canada Day in Saint John; and the letter from Heather Peterson of the Saint John Canada Day Celebration Committee requesting financial support to help cover the cost of celebrations to be held on July 1, 2002, be received and filed and the requests be denied with regret, and Council extend best wishes to the Committee. Councillor Chase expressed concern that the City was unable to assist the Committee due to its budgetary constraints. Question being taken, the motion was carried with Councillor Chase voting "nay". 40. Saint John Citizens' Coalition for Clean Air Ban On Cosmetic Use Of Pesticides On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the letter from Vern M. Garnett of the Saint John Citizens' Coalition for Clean Air advising of the Coalition's adoption of a motion that it wants to see the cosmetic use of pesticides banned in the City of Saint John, and requesting that Council create and pass a by-law for a total ban phased in over the next three years, the goal being to see the City of Saint John pesticide-free by the year 2005, and by lobbying the Provincial and Federal politicians, a total Province and country wide ban of cosmetic pesticide use by 2007, be referred to the Environment Committee. Question being taken, the motion was carried. 41. Cornerstone Enterprises Ltd. - Police Station Location On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Paul Daeres of Cornerstone Enterprises Ltd. advising that he has a property known as the Haymarket Square Shopping Centre located on City Road which he believes would be ideal for a police station location, being located on one of the main streets and having close proximity to North, East and South areas of Saint John and within a short distance of the Harbour Bridge which provides direct access to the western side of the City, be received and filed. 89-158 COMMON COUNCIL JUNE 24, 2002 Question being taken, the motion was carried. 42. UNB Art Centre - Role Of ABEc And Value To Community On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Marie E. Maltais, Director of the UNB Art Centre, advising that she was pleased that the City of Saint John honoured its commitment made to four Saint John artists to exhibit at the Carnegie Building, and urging Council to consider the role of the ABEC and its value to the City and the wider community, be received and filed. Question being taken, the motion was carried. 43. South Central Citizens' Council - Changes To Residential ParkinQ Permit ProQram On motion of Deputy Mayor White Seconded by Councillor Titus RESOLVED that the letter from Dominick Eden, Chair of the South Central Citizens' Council, setting out a number of concerns with respect to the proposed changes in the Residential Parking Permit Program as detailed in the Parking Commission study; and asking that Council take these concerns into consideration in hopes of assisting to facilitate the process, be referred to the Saint John Parking Commission for response. Question being taken, the motion was carried. 44. University Of New Brunswick Recipient Of City Of Saint John Award On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Susan Montague, Director of Development and Donor Relations, University of New Brunswick Fredericton, advising that the City of Saint John Award was presented to Jane Seviour at the recent UNB Saint John Spring Convocation ceremony, be received and filed, and a letter of congratulations be forwarded to the recipient. Question being taken, the motion was carried. 45. Blair Construction Ltd. - Re-zoning Of 646 And 648 Westmorland Road On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the application of Blair Construction Ltd. for the re-zoning of property located at 646 and 648 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 Tuesday, August 6,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 46. Carnegie Building Working Group - Request To Make Presentation Of Proposal To Reopen carneQie BuildinQ Read a letter from the Carnegie Building Working Group requesting to be granted the opportunity to make a presentation to Common Council, possibly on July 8, 2002, concerning a proposal for reopening the Carnegie Building (formerly the Aitken Bicentennial Exhibition Centre) as a community arts centre. 89-159 COMMON COUNCIL JUNE 24, 2002 Mayor McAlary reminded Council of the policy which requires that information be submitted one week prior to a presentation and suggested that Ms. Wells and her group submit a proposal. Mr. Totten commented regarding a meeting with the Working Group and advised they had a presentation, which referenced other groups, ready for submission to Council but he suggested they contact the other groups before submitting the document for Council's consideration and advised he would ask if Council would consider their request for the July 8th meeting. Mayor McAlary expressed the opinion she would prefer to have the City Manager's report regarding the matter first. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from the Carnegie Building Working Group concerning a proposal for reopening the Carnegie Building be laid on the table pending a report from the City Manager. Question being taken, the tabling motion was carried. 48. Marie Elizabeth Purcell & Burton Leroy Purcell Re-zoninQ Of 17 Robinson Street On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the application of Marie Elizabeth Purcell & Burton Leroy Purcell for the re-zoning of property located at 17 Robinson Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on Tuesday, August 6,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 50. Centenary Queen Square Care Centers Familv Fun Dav FundraisinQ Event On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Centenary Queen Square Care Centers, a charitable organization and United Way agency that provides a service for families under stress, as well as adult care, advising of a family fun day fundraising event to be held on July 20,2002 (rain date July 21), be received and filed. Question being taken, the motion was carried. (Councillor Trites withdrew from the meeting.) 4. Re Report Of Mayor's Task Force On New Ways Of DoinQ Business Consideration was given to a letter from Mayor McAlary recommending, further to the presentation at the last meeting of the report of the Mayor's Task Force on New Ways of Doing Business, that Council select a few of the issues and proceed to move forward by having the research and background completed and presented back to Council for final approval; and suggesting that Council proceed to investigate, from the "Revenue Enhancing Suggestions Requiring Support and Action of the Provincial Legislature" section of the report, the suggestions numbered in the report as follows: (1) seek Provincial legislation that would allow municipalities to impose a room or hotel tax; (2) petition the Province of New Brunswick to amend the Municipalities Act so as to allow municipalities (if they wish) to charge for annual business licences; (5) petition the appropriate other levels of government for legislation that would allow municipalities to levy annual fees to utilities and private industries that use the public right-of-way (telephone, cable, gas companies); (10) petition the Province of New Brunswick to amend legislation that would combine the Transit Commission and the Parking Commission; (11) seek legislation that would essentially create one commission to replace the Harbour Station Commission, the Aquatic Centre Commission and the Trade 89-160 COMMON COUNCIL JUNE 24, 2002 Center Oversight Committee; (14) seek legislative changes that would allow municipalities to institute licencing requirements for properties which store hazardous materials; (16) seek legislative changes that would create a "deed transfer tax" for any change in ownership of a property within the municipal boundary; (17) petition the Province of New Brunswick to amend legislation so that both Police and Fire would be allowed to invoice citizens and properties as a result of an excessive number of false alarms. Under the "Revenue Enhancing Suggestions Upon Which Common Council can Proceed" category of the report, the Mayor suggests that Council study and investigate the suggestions numbered in the report as follows: (20) identify areas of City property where selective harvesting of the forest could produce a positive cash flow to the municipality; (25) charge for private water-flow testing; (26) establish new lease arrangements with tenants of the City Market such that the City would receive rent revenue based on sales volume rather than the current arrangement based on area only; (27) immediately amend the by-law to increase the water and sewer hookup charge so as costs are recovered; (32) have a look at the usage of the community centres and arenas to determine if all are needed or if they could be operated by private citizens, as well as to determine if the City should be in this business; (33) review the City's Tourism operation to determine if some of the Tourism Department and Economic Development could be combined and if the City should be in this business; (35) institute benchmarking for all departments and adopt policies with respect to Council's expectations related to performance targets; (36) direct the City Manager and Treasurer to contact all other municipal commissions to determine if a business plan could be developed that would indicate possible expenditure reductions by centralizing all processing of financial information; and (37) explore avenues to move effectively to utilize staff who for whatever reason are unable to fulfill their current responsibilities. The Mayor, in her letter, also suggests that, if Council wishes to proceed in this manner, the Task Force members be allowed to continue to meet to ensure that these issues are followed up on and that final recommendations are returned to Common Council. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the above letter from Mayor McAlary be referred back to the Mayor's Task Force on New Ways of Doing Business for consideration. Question being taken, the motion was carried. (Councillor Trites re-entered the meeting.) On motion of Councillor Titus Seconded by Councillor Court RESOLVED that time be set aside at Council meetings in August or September to afford citizens the opportunity to present new ideas to assist the City. Question being taken, the motion was carried. 5. Council Procedural Bv-Iaw Committee Report Read a letter from Mayor McAlary advising the items on the agenda of the Council Procedural By-law Committee which met on June 17, 2002 with her, Deputy Mayor White and Councillors Ball, Titus, Court, Teed and Desmond in attendance and the current By-law was reviewed; and presenting recommendations with respect to the following items with which Council has had concerns at past meetings (1) the confidentiality of closed Committee of the Whole meetings is important and each Council member should respect that duty; (2)(a) all agenda items are to be placed on open session and items pertaining to land, legal and labour may be referred to closed Committee on the majority vote of Council and documents pertaining to these items would not be given to the media or members of the public, (b) requests made to Council from citizens / organizations to meet in Committee of the Whole will be voted on at open session of Council and it is the understanding that the items referred to closed Committee will be dealt with at the next meeting of closed Committee which would be the following week and, in the summer season, two weeks after, and (c) items on land, legal and labour will be indicated as such, without disclosing details on the agenda, and all presentations, teach-ins, etc. will be given at open session of Council; (3) issues 89-161 COMMON COUNCIL JUNE 24, 2002 pertaining to land, legal or labour are sensitive and should be in closed session; (4) on the issue of an item being on the agenda so that Councillors have an opportunity to each speak at the commencement of open meetings, all remarks at the commencement of the meeting, including Mayor's remarks, with the exception of proclamations, be presented to Council as an agenda item; (5) as to the number of times each Council member speaks on an item, each member, unless an outstanding exception, should speak only two times on each item; (6) Council legally cannot restrict the number of letters that each Council member places on the agenda; and (7) it would be at the discretion of the Mayor, and the Mayor has agreed, that members of Council be given the opportunity to chair closed Committee meetings. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that Council adopt the procedures as recommended by the Council Procedural By-law Committee. Councillor Fitzpatrick expressed the opinion that procedures are not being streamlined but rather more work is being added; and advised he could not support the proposed motion. It was suggested the first item on the Council agenda, if the proposed recommendations are accepted, should be the adoption of the agenda at which time it would be determined if any items should be referred to Committee of the Whole; a timing schedule for Council meetings was broached and it was suggested the open session meeting begin at 4:30 p.m. with a forty-five minute break for supper commencing at 6:15 p.m., returning back to open session at 7:00 p.m. until all items are dealt with and then moving into Committee of the Whole, if necessary. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that effective July 8,2002 Common Council meetings commence at 5:00 p.m., recess at 6:15 p.m. and reconvene at 7:00 p.m. for public hearings and business not completed; and, following adjournment, Council meet in Committee of the Whole, if necessary. Concern was expressed regarding the proposed meeting time of 4:30 p.m.; whereupon Councillor Trites proposed an amendment to the motion, which was seconded by Deputy Mayor White that open session commence at 5:00 p.m. The Mayor called for the question on the motion, with the amendment, as set out above. Question being taken, the motion was carried with Councillors Ball, Desmond, Fitzpatrick and Teed voting "nay". 6. Operational Review Consideration was given to a letter from Mayor McAlary expressing the opinion that Council should engage the City's auditors to serve as its independent advisors to assist in setting up and monitoring an operational review and establish an operational review steering committee comprised of the following members: the municipal auditors, some or all members of Council and selected senior staff, the committee's mandate to be to set the terms of reference for the study, issue the request for proposals to a selected list of eligible consultants, select the successful consulting team and monitor the operational review with regular reports to Council; and commenting further in this regard as a starting point for the implementation of an operational review. On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that the above letter be received and filed and the recommendation contained therein be adopted. 89-162 COMMON COUNCIL JUNE 24, 2002 On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above matter be referred for consideration at a future meeting of Common Council with the report from the City Manager. Councillor Chase spoke in opposition to the proposed motion and explained that he was prepared to support an operational review now based on the City Manager's previously submitted report. Question being taken, the motion was carried with Councillor Chase voting "nay". 7. Expansion Of Tax Base ThrouQh Land Development 8. IncreasinQ Residential Development AlonQ Loch Lomond Road On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letters from Councillor Desmond proposing resolutions (1) that the City change its policy of 1 1/4 acres of land to 1 acre of land for self-contained unserviced housing units and that the developer be required to use the filtration system for on-site sewerage, and (2) that residential housing construction on unserviced lots of 1 OO-foot frontage on a road or street be approved and that such residential housing employ filtration systems that compliment on-site sewerage system, be referred to the City Manager for a report at the next meeting. Question being taken, the motion was carried. 9. HousinQ Problems & Bv-Iaw Enforcement Read a letter from Councillor Teed advising that the matter of the problems facing the City in ensuring that adequate standards are maintained for what could be classed poorly kept maintenance of housing was raised at the annual meeting of the Saint John Law Society, and five lawyers have indicated that they would be prepared to undertake one enforcement on a pro bono basis and, if the City agreed, he understood that the Society would cooperate in seeing to what extent other lawyers would be able to contribute their services; and suggesting this be referred to the City Solicitor for his views and, if acceptable, it be instituted for a trial basis, the Saint John Law Society to be then contacted to determine who might be available and how arrangements can be completed. On motion of Councillor Teed Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Solicitor. Question being taken, the motion was carried. 10. Canadian Association Of Police Boards' Call For Resolutions Consideration was given to a letter from Councillor Teed advising of the June 17,2002 deadline for resolutions to be forwarded to the annual conference of the Canadian Association of Police Boards to be held in Ottawa on August 21 to 24; suggesting that, as the City of Saint John is ultimately responsible for the provision of appropriate police services, it seems reasonable that Council should be informed if the Saint John Board of Police Commissioners has been able to formulate and forward any resolutions to the Association respecting any issue involving policing in Saint John important to the Board; and proposing that the Board be requested to inform Council what resolutions, if any, have been sent in accordance with the call for resolutions by the Canadian Association of Police Boards. 89-163 COMMON COUNCIL JUNE 24, 2002 On motion of Councillor Teed Seconded by Councillor Trites RESOLVED that the Saint John Board of Police Commissioners be requested to inform Council what resolutions, if any, have been sent in accordance with the call for resolutions by the Canadian Association of Police Boards for the annual conference to be held in Ottawa on August 21 to 24. Question being taken, the motion was carried. 11. Concept Or Philosophv Of Ward System Read a letter from Councillor Teed suggesting a concept or philosophy of a ward system that could be implemented forthwith without any great difficulty which would divide the City on a geographic basis into four wards - west on the west of the River, north being north of City Road, south being south of City Road and east being east of Marsh Creek, and two Councillors would agree or be appointed to represent a particular ward and two Councillors would remain at large, and this concept could be done on an experimental basis by appointment of two Councillors who can agree on which ward to represent or even appointment by a draw; and proposing that this matter be laid on the table until the meeting of July 8, 2002 to enable the public an opportunity to make representations and input by letter or attendance. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the above letter be laid on the table until the next meeting. Question being taken, the tabling motion was carried with Mayor McAlary voting "nay". 12. RecoQnition Of Queen Of Canada's 50th Anniversary Jubilee Year Read a letter from Councillor Teed suggesting that, notwithstanding that it appears that the Queen of Canada, Elizabeth II is not yet scheduled to visit Saint John during this year of her Golden Jubilee, Saint John, being Canada's first City, should have some recognition of the fact that it was constituted by those loyal to the Sovereign and probably has a closer affinity to the Sovereign that any other municipality in Canada; and proposing a motion in this regard. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above letter be referred to the City Protocol Office to contact the Provincial Office of Protocol to offer the assistance of the City regarding the forthcoming Royal Visit. Mayor McAlary advised that a book of congratulations to commemorate Her Majesty Queen Elizabeth II's Golden Jubilee would be available for citizens to sign in the Red Room commencing July 2, 2002. Question being taken, the motion was carried. 13. Commemorative Stamp For Historic Or HeritaQe Feature Of City Consideration was given to a letter from Councillor Teed noting that the Canada Post Corporation on June 1, 2002 issued a heritage commemorative stamp depicting the King's Landing Historical Settlement; and proposing that a letter be sent to Canada Post suggesting a number of historic or heritage features in Saint John for a postage stamp. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that Council write to the Canada Post Corporation congratulating it on its recognition of heritage property in New 89-164 COMMON COUNCIL JUNE 24, 2002 Brunswick (King's Landing), and pointing out that the City has (a) Martello Tower, built for the war of 1812 which is unusual and unique in Canada and might be the subject of a heritage stamp, (b) a historic block of buildings built of brick construction in the same style and architecture, immediately after the Great Fire of 1877, most in the period of 1877 and 1878, (c) some of the finest stone carvings in Canada on the facade of some heritage buildings, (d) a unique Theatre in the presence of the Imperial Theatre, (e) a heritage feature, the only one in Canada - the Three Sister Lamps used as a marine guide, and (f) noting the location of the Celtic Cross as a memorial to immigrants. Question being taken, the motion was carried. (Councillor Desmond withdrew from the meeting.) 14. Resolutions For Cities Of New Brunswick Association MeetinQs On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Teed recommending that early action be taken to enable resolutions to be formulated and forwarded with enough advance time before the next meeting of the Cities of New Brunswick Association to enable a longer period of time between receipt of any proposal or resolution and the meeting when they will be presented, which should facilitate a clearer appreciation and understanding of the intent of the resolutions by all members, prior to their consideration, be received and filed. Question being taken, the motion was carried. 15. Harbour PassaQe Concept Read a letter from Councillor Teed advising his concern with regard to the Harbour Passage concept in that those proposing the walkway or trail have not considered the health concept of the trail users and the long-term problems caused by the use of paved trails, especially for joggers and runners, as well as about what is intended to be a nature way being planned as a major passageway completely different from the trails which one could enjoy at other locations throughout the Province. Councillor Teed proposed a motion, which was not seconded, that Council express its concern to the Waterfront Development Plan, particularly with a request that the specifications and design recognize the desirability of a non-paved walkway for those who are expected to use the same for recreational travel. 16. City Operations and Priorities On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that the letter from Councillor Teed regarding city operations and priorities, be laid on the table until July 22nd. Question being taken, the motion was carried with Mayor McAlary voting "nay". *16A. Appointment to Mutual Interest Committee of the Fire Department Consideration was given to a Committee of the Whole recommendation regarding the appointment of a Council member to the Fire Department Mutual Interest Committee. 89-165 COMMON COUNCIL JUNE 24, 2002 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that Councillor Fitzgerald be appointed to serve on the Mutual Interest Committee of the Fire Department as per the requirement of article 9: mutual interest committee, in the collective agreement between the Fire Fighters' Union, Local 771, and the City of Saint John. Question being taken, the motion was carried. Adiournment The Mayor noted the next regular meeting of Common Council in open session on July 8,2002 at 5:00 p.m., and declared the meeting adjourned. Common Clerk