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2002-08-06_Minutes 89-206 COMMON COUNCIL AUGUST 6, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the sixth day of August AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Chase, Court, Desmond, Fitzgerald, Teed, Titus and Trites - and - Messrs. P. Woods, Deputy City Manager; 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; W. Edwards, Commissioner of Buildings and Inspection Services; S. Lodhi, Manager of Real Estate and Facility Management; R. Simonds, Deputy Fire Chief; C. Cogswell, Chief of Police; G. Yeomans, Comptroller; Ms. H. Young, Design Engineer; Ms. S. Greer, Communications Officer; Ms. L. Farrell, Solicitor; Ms. C. Mosher, Assistant 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 Councillor Trites RESOLVED that the minutes of the meeting of Common Council, held on July 22, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the agenda for this meeting be approved: AND FURTHER that two items be added to the agenda as follows: an FCM grant announcement, and three Nominating Committee recommendations from Committee of the Whole earlier this date. Question being taken, the motion was carried. 4. Re-naming Of Street; 5. Land Access Agreements - Harbour PassaQe Project; 6. Acquisition Of Land On Russell Street On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that agenda item 4, 5 and 6, being a letter from Mayor McAlary regarding the renaming of a street, a report from the City Manager regarding land access agreements - Harbour Passage, and a report from the City Manager with respect to the acquisition of land on Russell Street, respectively, be referred to Committee of the Whole on August 19, 2002 for discussion. Question being taken, the motion was carried. 89-207 COMMON COUNCIL AUGUST 6, 2002 *6A. FCM Grant Announcement Mayor McAlary announced that a grant was received from the FCM Green Municipal Enabling Fund, in the amount of $31,000, which will allow the City Hall building to become more energy efficient, making the operation of the building more environmentally friendly and cost effective. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that agenda item 27 be brought forward for consideration at this time. Question being taken, the motion was carried. 27. FCM StandinQ Committee On Race Relations Read a letter from Deputy Mayor White submitting a letter from FCM President John Schmal inviting him to serve on the FCM Standing Committee on Race Relations, and asking Council to support a motion at this time that would ratify his membership on this Committee. On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that Common Council approve the appointment of Deputy Mayor White to the FCM Standing Committee on Race Relations, and congratulate him on having been invited to serve on this Committee. Question being taken, the motion was carried. 7(a) Zoning By-law Amendment To Re-Zone 17 Robinson Street The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a property situated at 17 Robinson Street (PID Numbers 00024885 and 00024919), having an area of approximately 1350 square metres (14,532 square feet), from "R-4" Four Family Residential to "RM-1" Three Storey Multiple Residential classification, to permit the continuation of a long-existing five unit apartment building on the subject property, as requested by Marie Elizabeth Purcell and Burton Leroy Purcell, and no written objections were received in this regard. 7{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 July 30, 2002 meeting at which Thomas McGloan appeared on behalf of the property owner in favour of the application and recommended staff conditions; and recommending that Common Council (1) re-zone the property situated at 17 Robinson Street, having an area of approximately 1350 square metres (14,532 square feet), also identified as being PID Numbers 00024885 and 00024919, from "R-4" Four Family Residential to "RM-1" Three Storey Multiple Residential classification, subject to a Section 39 condition limiting the use of the property to a multiple dwelling with no greater than five apartment units; and (2) not give third reading to the re-zoning until such time that confirmation is received that all necessary minimum property standard deficiencies are resolved to the satisfaction of the Building Inspector. Thomas McGloan appeared on behalf of the applicant in support of the proposed re-zoning, and, referring to the Planning Advisory Committee's recommendation to delay third reading until confirmation was received that all necessary minimum property standard deficiencies were resolved to the satisfaction of the Building Inspector, advised that that has been completed and everything was now up to Code. 89-208 COMMON COUNCIL AUGUST 6, 2002 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- law Number C.P. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a property situated at 17 Robinson Street (PID Numbers 00024885 and 00024919), having an area of approximately 1350 square metres (14,532 square feet), from "R-4" Four Family Residential to "RM-1" Three Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, "By-law Number C.P. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning a property situated at 17 Robinson Street (PID Numbers 00024885 and 00024919), having an area of approximately 1350 square metres (14,532 square feet), from "R-4" Four Family Residential to "RM-1" Three Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-599 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the correspondence regarding the above proposed amendment be received and filed. Question being taken, the motion was carried. 8(a) Zoning By-law Amendment To Re-Zone 646-649 Westmorland Road The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 646-648 Westmorland Road (a portion of NBGIC Number 303545), having an area of approximately 5 acres, from "IL-I" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, to permit the construction of a senior citizens' apartment building on the land located to the rear of St. Mary and St. Bartholomew's Church, and no written objections were received in this regard. 8{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report, thirteen letters in favour of and two letters in opposition to the proposal, which were considered at the Committee's July 30, 2002 meeting at which Malcolm Blair, on behalf of the applicant, expressed agreement with the staff recommendation and Gordon Hazen, Warden of St. Mary and St. Bartholomew's Church, spoke in support of the proposal; and recommending that Common Council re-zone a parcel of land located at 646-648 Westmorland Road, having an area of approximately 5 acres, also identified as being that portion of NBGIC Number 303545 identified as Lot C on the submitted site plan, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act setting out the following conditions: (a) the use of the re-zoned area is limited to a senior citizens' apartment development; (b) the developer must pave all new parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in- 89-209 COMMON COUNCIL AUGUST 6, 2002 place concrete curbs to protect landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities (including catch basins) must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; (d) all utilities, including power and telephone, must be provided underground; (e) the portion of the re- zoned area abutting the lots fronting on Longview Court must consist of a landscaped planting strip with a minimum width of 3 metres (10 feet), and shall include a continuous row of deciduous and/or coniferous trees and a continuous board-on-board fence with a minimum height of 1.5 metres (5 feet); (f) all other disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer; (g) the site shall not be developed except in accordance with a detailed site plan and building elevation plans, 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 and other site features, including those listed above, and the approved site plan must be attached to the application for building permit for the development; and (h) all site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. Malcolm Blair of Blair Construction Ltd., addressing Council in support of the proposed re-zoning, advised his agreement with the above recommendation and that the proposed upscale development will be for those people 55 years of age and older, and also that he was approached by members of the community who expressed a need for senior citizens' housing. Gordon Hazen, Warden of St. Mary and St. Bartholomew's Church, spoke in support of the proposed development on behalf of the congregation of the Church. Elizabeth Betts of 19 Harmony Drive appeared in favour of the proposal and indicated that she had received positive feedback about the proposal from members of the neighbourhood. John Golding of 10 Byron Street addressed Council in support of the proposal, and pointed out the convenience it would offer to seniors being close to the shopping malls and a number of churches. On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-600 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 646-648 Westmorland Road (a portion of NBGIC Number 303545), having an area of approximately 5 acres, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "By-law Number C.P. 100-600 A Law To Amend The Zoning By-law Of The City Of Saint John". On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "By- law Number C.P. 100-600 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 646-648 Westmorland Road (a portion of NBGIC Number 303545), having an area of approximately 5 acres, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential classification, pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-law Number C.P. 100-600 A Law To Amend The Zoning By-law Of The City Of Saint John". 89-210 COMMON COUNCIL AUGUST 6, 2002 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the correspondence regarding the above proposed amendment be received and filed. Question being taken, the motion was carried. 9. Municipal Plan Amendment - 11 KinQ William 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 at 11 King William Road (PID Numbers 286641 55031298 and 55158794), having an area of approximately 20 hectares (50 acres) and located on the east side of King William Road immediately north of Highway No.1, from Low Density Residential to Light Industrial classification, to permit re-zoning of the property from "RS-2" One and Two Family Suburban Residential to a special zone that would permit development of a truck and freight transfer terminal with repair and maintenance facilities, as well as a limited range of other uses currently permitted in the "BP" Business Park and "1-1" Light Industrial zones, as requested by General Freight Carriers Inc. Discussion ensued regarding truck traffic on Ocean Westway, which was a concern of residents in the area. On motion of Councillor Trites Seconded by Councillor Court RESOLVED that Council, through the Mayor by letter, contact Minister Norman McFarlane, MLA, requesting him to personally intervene in having the truck route designation removed from Ocean Westway as soon as possible. Question being taken, the motion was carried. *9A. NominatinQ Committee Recommendations On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the Nominating Committee, Greg Paterson be appointed to the Preservation Review Board for a term of three years. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the Nominating Committee, Claude MacKinnon and Tony Gogan be appointed to Saint John Industrial Parks Ltd. for a term of three years. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the Nominating Committee, Doug Fifield and Michael Hunter be appointed to the Saint John Transit Commission for a term of three years. Question being taken, the motion was carried. 89-211 COMMON COUNCIL AUGUST 6, 2002 10. Tender For Contract 2002-11 Consideration was given to a report from the City Manager regarding the tender for Contract 2002-11, High Ridge Road - First Avenue water and sewer construction (which was referred by Council at the last meeting to the City Manager and the City Solicitor), recommending the award of Contract 2002-11 to Maguire Excavating Ltd., as per the resolution prepared by the City Solicitor, as submitted. On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that as recommended by the City Manager, the following resolutions be adopted, namely: 1. RESOLVED that the tender of Dean Construction be rejected on the basis of the Company's failing to provide the required information respecting its experience, which information is critically important in assessing the Company's bid. 2. RESOLVED that the tender of Nautilus Construction be rejected on the basis of the Company's failing to bid Item B7 - (Closed Circuit TV Video Inspection). 3. RESOLVED that Contract No. 2002-11: High Ridge Road - First Avenue - Water and Sewer Construction, be awarded to Maguire Excavating Ltd., at their tender price of $431 ,698.50 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Chase advised that he would not support the motion based on the following three points: (1) staff, after the tender for Contract 2002-22 closed, called one of the companies that bid on it and asked for further information, and that privilege was not extended in the tender at issue here; (2) there was an operative word "may", in may be grounds for dismissing the bid, and (3) this process precludes any new company, any start-up construction company, from entering into bidding on the construction industry for the City of Saint John. Councillor Teed advised that he would not accept the recommendation, firstly, because the whole procedure was a mess; secondly, it was critically important that the person set out the most recent contract within the last year of similar size or value or better and this was to be used to determine if they could complete the present contract, and the contract that is proposed says the last thing he did within a year was radial limited site work, which has nothing to do with water and sewerage and the amount is unknown and yet staff says that this is critically important to the recommendation, and, as for the tender form wanting particulars of work tendered within the last year, if a person did not tender any work in the last year he would not put anything down, and that was not a vacancy but the fact that there was nothing there; and the third thing was, and he gathered that all contractors were advised to put in a note that they would continue their tender as otherwise it would run out, he did not know whether they also continued their security, and the City would be losing $70,000 and he did not know why and that did not make sense to him. Deputy Mayor White advised that he would not be supporting the motion for similar reasons as given by Councillor Chase. Question being taken, the motion was lost with Deputy Mayor White, Councillors Chase, Fitzgerald, Teed and Trites voting "nay". A motion was proposed by Councillor Trites and seconded by Councillor Fitzgerald to refer the tender for Contract 2002-11 back to the City Manager for a recommendation on a different process, whereupon Mr. Woods advised that he felt obliged to point out that at this point the City Engineer, the City Manager and the City Solicitor were all unanimous in the recommendation before Council and there was no fact of which he was aware that would change that decision and, in referring it back, the recommendation with respect to the tender would essentially be the same in terms of an award. Councillor Titus advised he would not support the referral motion, referencing Mr. Woods' explanation for why he would not do so, and suggested that the tender should be sent back out again and the City take the legal ramifications that may go with that. Councillor Trites advised that he would withdraw as mover of the referral motion for a motion to re-tender the project whereupon Councillor Titus proposed a motion to re- tender the project, and Councillor Fitzgerald withdrew as seconder of the referral motion. The Mayor noted that there was now a mover to re-tender, and Councillor Titus 89-212 COMMON COUNCIL AUGUST 6, 2002 suggested that Council could ask the Deputy City Manager for advice and agreed with Councillor Trites' indication that Council should perhaps cancel the project. On the matter of the process, Mr. Woods, noting that staff would be undertaking a review of the tendering process for a report to Council, advised that he had been advised by the Solicitor's Office that, in terms of an award or a rejection or whatever the case may be on this particular tender, it would have to be governed by the process in effect at the time the tender was issued or called, thus, if it were Council's desire to reject the tenders or re-tender, Council should seek the advice of its Solicitor before doing that. The Mayor noted that there was no seconder to Councillor Titus' motion to re-tender. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the tender for Contract No. 2002-11, High Ridge Road - First Avenue water and sewer construction, be referred back to the City Manager and City Solicitor for a recommendation. Councillor Court spoke against the referral motion in that the Company recommended by the City Manager for the contract followed the procedure of the tender and that Company was now being penalized because the process was flawed, thus the process, not the contact, should be referred. Question being taken, the motion was carried with Councillor Court voting "nay". 11. Tender For Contract 2002-22 Consideration was given to a report from the City Manager (which was tabled at Council's last meeting) regarding the tender for Contract 2002-22, Olive Street water and sewer renewal. On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2002-22, Olive Street water and sewer renewal, be awarded to Nautilus Construction & Rentals Ltd., at the tendered price of $225,796.80 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. 12. Request To Purchase 315 Metcalf Street Read a report from the City Manager regarding the property at 315 Metcalf Street, Council on April 8, 2002 having rejected the two bids received further to it having been publicly advertised for sale and instructed staff to open discussions with the higher of the two bidders (Canterbury Developments Ltd.) to determine if better financial terms could be reached; advising that, when finalizing negotiations with Canterbury Developments Ltd., the other bidder (059673 N.B. Ltd. which owns the adjacent medical clinic) expressed concern over the possible sale of the adjacent City land in that it also owns and has a development proposal for the former Dufferin School site located on the other side of the 315 Metcalf Street parcel which includes the City land which critical to its land assembly and, to secure ownership of it, offered the sum of $50,000 which is more than Canterbury Development Ltd. is willing to pay for the property; and recommending the subdivision and sale of the subject property to 059673 N.B. Ltd. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, the City of Saint John (1) prepare and file an amending subdivision plan to vest a 5.75 metre :t wide "municipal services easement" over and along the eastern sideline of 315 Metcalf Street (PID Number 55040224), as generally shown on the submitted plan; (2) assent to any required municipal services easements; (3) sell 315 Metcalf Street (PID Number 55040224) to 059673 N.B. Ltd. for $50,000 (plus HST, if applicable), on or before November 30, 2002; and (4) as part of the sale, provide an 89-213 COMMON COUNCIL AUGUST 6, 2002 Appointment of Agent Form to permit the purchaser's solicitor to register title to the land under the Land Titles Registry System prior to closing; and further that the Mayor and Common Clerk be authorized to sign the transfer related documents. Councillor Teed questioned if there was any commitment or guarantee that the land would be developed. Question being taken, the motion was carried with Councillor Teed voting "nay". 13. Residential Infrastructure Assistance Applications #11 & #12 On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the following Residential Infrastructure Assistance Program applications: #11 - Parkwood Developments Ltd. for the development of 14 one and two family units on Parkwood Avenue and Thornbrough Street, with an estimated expenditure of $48,000 in 2002; and #12 - W & S Holdings Ltd. for the development of 6 townhouse and apartment buildings at 1491 Manawagonish Road, with an estimated expenditure of $42,000 in 2002. Question being taken, the motion was carried. 14. Issues Related To Establishment Of Hotel Tax / Visitor Levv On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the report from the City Manager summarizing the current visitor levy situation in Canada and presenting the advantages and disadvantages of such a levy, the idea of implementing a hotel tax or visitor levy as a way to raise local revenues having recently been presented to Council in the Mayor's Task Force Report; advising that the accommodation sector of the local tourism industry needs the opportunity to educate itself about the visitor levy and develop a position regarding it, and taking time to consult with industry and make it a partner in any discussions with the Province regarding enabling legislation would prevent negative reactions and a stalled process as occurred in previous attempts by New Brunswick municipalities; and recommending that further industry education and discussions be encouraged in August and a meeting of key accommodation sector representatives, City Tourism staff and members of Council take place in September to investigate the best course of action in requesting the Province's action in this regard, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 15. Tender For Contract 2002-8 On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Contract 2002-8, asphalt concrete resurfacing 2002 - No.2, be awarded to the low tenderer, LaFarge Canada Inc., at the tendered price of $469,016.60, 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. 16. Assessment & Classification Study - Former Howes Lake Landfill Read a report from the City Manager advising the results of the proposal call for an assessment and classification study of the former Howes Lake landfill, further to Council's authorization on April 16, 2002 to proceed in terms of developing terms of reference and calling for proposals for consulting firms to study the former site and develop the closure plan; also advising that the submission from GEMTEC Limited met 89-214 COMMON COUNCIL AUGUST 6, 2002 all of the requirements of the proposal call in a manner acceptable to the committee with a cost-effective bid for the project of $41,200, and noting that the project is to be cost shared at 50% by the New Brunswick Department of Environment and Local Government. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the proposal of GEMTEC Limited be accepted for the assessment and classification study of the former Howes Lake landfill, and the Mayor and Common Clerk be authorized to execute the appropriate contract documents. Question being taken, the motion was carried. 17. DesiQnation Of Staff To Issue BuildinQ Permits On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that pursuant to Section 9.1.4 of the Saint John Building By-law and in accordance with the recommendation of the City Manager, Amy Poffenroth, P.Eng., is hereby designated and authorized to issue building permits for the construction or renovation of single family dwellings and of a single storey accessory building serving a single family dwelling provided that the accessory building can be entirely evaluated using Part 9 of the National Building Code of Canada; this designation and authorization shall continue for so long as she is employed by the City of Saint John in its Buildings and Inspection Services Department or until the appointment is cancelled by Common Council. Question being taken, the motion was carried. 18. Re-ZoninQ Of 621 Rothesav Avenue / ParkinQ On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the report from the City Manager regarding the proposed re-zoning of property at 621 Rothesay Avenue, to which Council gave first and second readings at its last meeting, and a concern that overflow parking might occur on streets such as Todd Street; and advising that a report is being prepared for Council's consideration which would prohibit parking on a number of streets, including a portion of Todd Street as there is already a concern in this area with the safety of turning school buses and, on the parking concern associated with the re-zoning, this area could be monitored and further changes made if required, be received and filed. It was suggested that the residents on Todd Street who expressed concern in the above regard during the re-zoning process should be provided with a copy of the above report. Question being taken, the motion was carried. 19. Street ClosinQ Bv-Iaw Amendment - Wilson Street On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising of the request of William Patterson and David Huestis (adjoining land owners) for the City to stop up and close a portion of Wilson Street, the subject portion of street right-of-way being an undeveloped portion of Wilson Street, so as to enlarge their respective properties and, as the process of stopping up and closing a street takes several months, staff would like to initiate the process now so as to give staff time to finalize the proposed terms of sale without delaying the eventual closing date of the sale (if authorized by Council) and present the proposed terms of sale to Council at a later date; and recommending that Common Council authorize the publishing of a notice 89-215 COMMON COUNCIL AUGUST 6, 2002 of its intention to consider the passing of a by-law to stop up and close an undeveloped portion of Wilson Street in West Saint John, as generally shown on the submitted plan, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 20. 2002 Operating Results Consideration was given to a report from the City Manager referring to Council's request during presentation of the 2001 Financial Statements on April 8, 2002 for staff to provide updates on actual operating results throughout the year; advising that the submitted projections, which were prepared on the basis of actual results to the end of April, are very preliminary as they reflect only four months of actual operations, and the four main factors contributing to the projected deficit of $350-$400,000 for the year are (1) an increase in funding to Saint John Transit - $150,000, (2) external IT support - $100,000, and (3) the demolition of the Simonds Arena - $65,000; and also advising that a detailed analysis has been completed on all line items and staff could provide details for Council on any areas of particular interest or concern. Mr. Beckett advised that, having looked at the results to the end of June to make sure that there was nothing else significant that would alter the projection of a deficit of between $350,000 to $400,000 for the operating year, every effort was being made from an administrative level to try to control expenditures as much as possible so that the City would not end up incurring this result, which is a very preliminary number based on only four months of actual operation. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the above report from the City Manager be received and filed: AND FURTHER that the City Manager develop a process and/or suggestions on ways to eliminate the projected deficit of $350-$400,000 before year-end and report back to Council. Question being taken, the motion was carried. 21. City Of Saint John Employee Pension Plan Consideration was given to a report from the Commissioner of Finance submitting a copy of a recent article from the Globe and Mail newspaper, one of a number of recent media reports regarding the impact of recent stock market declines on the funding of defined benefit pension plans similar to the City's Pension Plan; and, in providing Council with the most recent information regarding the funding level of the City's Plan, advising that, while at December 31, 2000 the Plan's assets had a market value of $275,375,000, as of June 30, 2002 the assets were valued at $239,232,000 or a decrease of just over $36 million in 18 months of which almost $17 million took place in the last six months, and also that the Plan's liabilities were estimated at $251,062,000 at December 31, 2000 and, at June 30, 2002 it was estimated that these liabilities have increased to approximately $271,080,000; and summarizing, in table form, the net impact of both of these factors on the funding of the Plan. In terms of financial implications, the Commissioner of Finance reports that there is no immediate impact to the City as a result of the projected funding shortfall as the next formal actuarial evaluation is not scheduled until December 31, 2003; however, if at that time the assets have not increased significantly, there could be significant financial consequences for the City as the Pension Benefits Act requires that, if there is an unfunded liability on a "going-concern basis", then the total of the employee plus employer contributions being put into the Plan each year must be at least enough to cover the full annual current service cost plus a special payment which would amortize the unfunded liability over not more than 15 years and, if a valuation report were required to be filed at June 30, 2002 in order to meet the funding requirements under the Pension Benefits Act, the City would have had to increase its annual contribution to the Plan by at least $3.6 million; and also advises that the Pension Plan's Board of Trustees continues to be vigilant in its efforts to minimize the potential of an unfunded liability through careful management of the Plan's assets, and the Fund employs a number of professional investment managers to oversee the investment of the Plan's assets and also has an independent consultant 89-216 COMMON COUNCIL AUGUST 6, 2002 engaged to monitor the managers' performance; and comments on the issue of solvency valuation in that, at the last valuation on December 31, 2000 the Plan showed a solvency surplus of $8.2 million, while a very rough estimation of the Plan's solvency position at June 30, 2002 would indicate an unfunded liability of approximately $49.2 million which, if it existed at this magnitude at the next valuation date, compliance with the Pension Benefits Act would require the City to contribute an additional $11.9 million a year for five years (this would include the $3.6 million required for the going-concern liability), and the Pension Plan's Board of Trustees is pursuing discussions with the Province to have the City's Plan exempted from the requirement to have a solvency valuation. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the Commissioner of Finance, the above report be received and filed and Common Council support the Pension Plan's Board of Trustees in its efforts to have the City's Plan exempted from the requirements for a solvency valuation under the Province's Pension Benefits Act. Question being taken, the motion was carried. 22. Response To Questions On Newspaper Articles On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the Commissioner of Finance providing background on questions raised at Council's July 22, 2002 meeting regarding an article in the July 16, 2002 Telegraph Journal newspaper under the headline "Finance Commissioner wants City to hike taxes", and an earlier article reporting on data from Statistics Canada on the City's dependency ratio, be received and filed. Councillor Court explained why he disagreed with the Mayor's indication at the last meeting that he was being unfair to staff by not having listed his questions in accordance with the Procedural By-law, and why he had a right, if a staff person was quoted in the media and he had a concern, to address that staff member in open session of Council; and asked the Deputy City Manager to respond to this in that the above report did not tell him anything he did not read in the newspaper and he wanted to ask his questions at this time. The Mayor read a section of the Procedural By-law dealing with a member of Council wishing to present a matter to Council, and made the observation that the letter put before Council had to include a motion and also that the enforcement of the By-law was the responsibility of the Presiding Officer -the Mayor. On a point of order, Councillor Court made the observation that his letter was on the July 22, 2002 agenda and the agenda was accepted, and requested to ask the same questions from the July 22, 2002 meeting to the staff member concerned, to which the Mayor advised that, as Mr. Beckett had had an opportunity to report back, Councillor Court would be permitted to ask questions on that report. Councillor Court, noting that 71 % of the City's tax revenue came from residential taxes, asked the effect on that 71 of a 15 or 18 cent tax increase, to which Mr. Beckett replied that the 71 % referred to in terms of revenue base was actually what came from both residential and commercial property taxes and that would rise to just over 73% if the tax rate went up accordingly; and, as to Councillor Court's question on the percentage of the City's population that was carrying the City of Saint John and the outlying areas for the maintenance of the City of Saint John, Mr. Beckett indicated he did not have the information to answer that. Question being taken, the motion was carried. (Deputy Mayor White withdrew from the meeting as he was not present for the July 22, 2002 public hearing for the proposed Zoning By-law amendment for 621 Rothesay Avenue) 89-217 COMMON COUNCIL AUGUST 6, 2002 23. Zoning By-law Amendment To Re-Zone 621 Rothesay Avenue And ImposinQ Of Section 39 Conditions On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the by-law entitled, "By-law Number C.P. 100-598 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 621 Rothesay Avenue (NBGIC Number 55036875), having an area of approximately 6400 square metres, from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 100-598 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 Desmond RESOLVED that the by-law entitled, "By-law Number C.P. 100-598 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 621 Rothesay Avenue (NBGIC Number 55036875), having an area of approximately 6400 square metres, from "1-1" Light Industrial to "SZ#9" Special Zone #9 classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition requiring that the subject property will only ever have one facility with a club or lounge liquor licence at anyone time. Question being taken, the motion was carried. Read a third time the by-law entitled, "By-law Number C.P. 100-598 A Law To Amend The Zoning By-law Of The City Of Saint John". (Deputy Mayor White re-entered the meeting.) 24. Saint John Art Advisory Board CarneQie BuildinQ Sculpture Project On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the letter from Wm. (Bill) R. Fitzpatrick, Chair of the Saint John Art Advisory Board and Chair of the deep see Visual Arts Festival, advising that the last project of the deep see 2001 Festival is about to become a reality in the form of an outdoor sculpture for Saint John, the jury having chosen the sculpture proposal of Saint John artist James (Jim) Boyd - a stylized fiddlehead created in a green granite and approximately two metres high, to be erected in front of the Carnegie building (formerly the Aitken Bicentennial Exhibition Centre); and also advising that it is expected that the sculpture will be erected on site no later than mid-October, be received and filed. Question being taken, the motion was carried. 25. Vision Statement For City On motion of Councillor Desmond Seconded by Councillor Teed RESOLVED that the letter from Councillor Teed setting out a suggested "vision" for the City be forwarded to the following organizations with the request that they review this concept of a "vision" statement and inform the City within two months (by October 31) as to the organization's views for adopting the statement, making changes to the statement or rejecting the statement: (1) the Saint John Board of Trade, (2) the Saint John West Business Association, (3) the 89-218 COMMON COUNCIL AUGUST 6, 2002 South Central Citizens' Council, (4) Uptown Saint John Inc., (5) the University of New Brunswick, Saint John, (6) the New Brunswick Community College, Saint John, (7) the Atlantic Health Sciences Corporation, (8) the Saint John Arts Council and the Post Arts Summit Steering Committee, (9) the New Brunswick Historical Society and (10) the New Brunswick Museum. Mayor McAlary noted that the City Manager was requested by resolution at the July 8, 2002 meeting of Council to prepare a vision statement for Council's review in September. Question being taken, the motion was carried. 26. HirinQ Freeze Consideration was given to a letter from Councillor Titus noting that the 2003 budget was fast approaching and the City is required to provide details to the Province (November 30); and requesting support, as an interim measure as it would appear that the financial challenges will require considerable review of all aspects of City operations including personnel, to direct the City Manager to impose a hiring freeze in all departments and, furthermore, to encourage commissions to impose a freeze until Council can fully consider the 2003 budget. On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that as an interim measure the City Manager impose a hiring freeze in all departments. Mr. Woods advised that, ideally, he would like an opportunity to bring this back to Council as part of the response to the budget shortfall, and that it would be his preference that the freeze apply to full-time permanent positions only as some flexibility was needed with respect to casual-type positions. Question being taken, the motion was carried. 28. Status Of New Police Headquarters Facilitv Consideration was given to a letter from Councillor Titus explaining why he believed that there was a need for Council to commit to supporting a new Police headquarters facility project now and to determine options on how to finance the project through the capital program; and requesting the City Manager to submit a report in this regard, ensuring that he communicates with the appropriate stakeholders to produce the desired results. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the Saint John Board of Police Commissioners be requested to report on the detailed cost of a new Police headquarters facility, with the City Manager to report on options on how to finance the project. The initial motion proposed was to ask the Police Commission for the detailed cost of a new Police headquarters facility and the City Manager to report on options on how to finance the project through the capital program, and the mover and seconder agreed to change it at Councillor Trites' indication that he would support the motion if reference to the capital program was removed from it. Question being taken, the motion was carried. 29. Tidv-Up ProQram For Grassv. Weedy Areas Of City Read a letter from Councillor Teed advising that it has been brought to his attention that there are areas of the City (the Uptown area in particular) which appear scruffy due to the growth of grass and weeds at the junction of buildings and sidewalks and in yards abutting streets, and proposing a motion in this regard. 89-219 COMMON COUNCIL AUGUST 6, 2002 On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that Common Council request Uptown Saint John Inc. to investigate and promote such action as it might deem effective in instituting a tidy-up program respecting not only streets and sidewalks but areas visible to the pedestrian public. Question being taken, the motion was carried. 30. Province's Recognition Of Seniors' Difficultv Of SecurinQ Familv Doctor Consideration was given to a letter from Councillor Teed regarding the growing number of senior citizens in Saint John and a growing problem for Saint John citizens, particularly seniors, to find a family doctor, and the Province's recognition of this difficulty. On motion of Councillor Teed Seconded by Councillor Chase RESOLVED that a resolution be forwarded to the Minister of Health and the local area MLAs informing them that the City of Saint John appreciates the recent action taken by the Government in recognizing the difficulty of senior citizens securing a family doctor and as an inducement to take seniors by establishing a special fee for medical practitioners who accept persons over 75 years of age as a new patient. Question being taken, the motion was lost with the Mayor, the Deputy Mayor and Councillors Court, Desmond, Fitzgerald, Titus and Trites voting "nay". 31. Expansion Of NursinQ ProQram At UNB Consideration was given to a letter from Councillor Teed advising of a proposal to expand the nursing program at UNB in that it raises the question of why not at UNBSJ in that Saint John is still the medical centre of New Brunswick and it would seem logical that any expansion of nursing programs should take place in Saint John. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the Mayor, as the City's official representative on the UNB Board of Governors, be urged to make forceful representation enlisting the assistance of those members of the Board of Governors residing in the Saint John area leading to any expansion of nursing programs to take place in Saint John. Question being taken, the motion was carried. 32. Fuel Tax Exemption For Public Transit Read a letter from Councillor Chase proposing that the City address the issue of fuel tax exemption for public transit with the Premier in formal written communication. Councillor Chase advised of a recent incident involving a City Transit bus when its fuel tank fell off in front of his home, referencing photographs (copies of which were circulated to the Council members at this meeting) and expressing concern about the aging bus fleet and the condition of City roads; and suggested that, as relief from the Provincial road tax would assist the Transit Commission, Council should request the Premier directly to consider this as a policy. 89-220 COMMON COUNCIL AUGUST 6, 2002 On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that Council address the above issue with the Premier in a formal letter and also refer it to the next meeting of the Cities of New Brunswick Association. Mayor McAlary suggested that Council could request the support of Fredericton and Moncton as this would affect only them and Saint John, and the mover and seconder of the motion agreed to add to it to take this matter forward to the next meeting of the Cities of New Brunswick Association. Question being taken, the motion was carried. 33. One-Acre Lots for Self-Contained Unserviced HousinQ Units Consideration was given to a letter from Councillor Desmond referring to his submission to Council on June 24, 2002 of the issue of housing lot size, and to the City Manager's report to Council on July 8, 2002 in this regard, advising why he differs with the City Manager's report; and reintroducing his resolution in the best interest of economic development and tax base growth. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the City of Saint John change its policy of 1'V4 acres of land to 1 acre of land for a self-contained unserviced housing unit in accordance with the terms of Regulation 80-159 under the Provincial Subdivision Regulation - Community Planning Act and that the developer be required to use the new filtration system for on-site sewerage. Mr. Baird confirmed the Mayor's understanding that, with the above policy, only single-family homes of three bedrooms or less could be built on one-acre lots and larger homes would require larger lots, and advised that, to implement this policy change, the Zoning By-law would need to be amended, adding that, according to the Provincial Department of Health, the Department typically does not approve the filtration system in new lots but rather uses it as a retrofit when other systems have failed. Councillor Trites advised that, prior to moving in this direction, he would like to see the supporting documentation from the officials to whom Councillor Desmond had spoken, and Councillor Chase proposed a tabling motion, which was not seconded, to table the matter for two weeks. Question being taken, the motion was carried with Councillor Trites voting "nay". 34. Canada Post Corporation - HeritaQe Commemorative Stamps On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the letter from Micheline Montreuil, Director of Stamp Products, Canada Post Corporation, in response to Common Council resolution of June 24, 2002 regarding the Corporation's commemorative stamp program recognizing heritage property, be received and filed. Question being taken, the motion was carried. 35. Candace Schedler - Ban On ParkinQ On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that the letter from Candace Schedler asking that the proposed total ban on parking during snowstorms be reconsidered, be referred to the Saint John Parking Commission. (Councillor Titus withdrew from the meeting.) 89-221 COMMON COUNCIL AUGUST 6, 2002 Question being taken, the motion was carried. 36. Barsa Ventures Limited - Re-Zoning Of Property On Boars Head Road On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the application of Barsa Ventures Limited for the re-zoning of property located on Boars Head 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, September 9,2002 at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment The Mayor advised that the next regular meeting of Council in open session would commence at 7:00 o'clock p.m. on August 19, 2002, and declared the meeting adjourned. Assistant Common Clerk