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2002-09-03_Minutes 89-241 COMMON COUNCIL SEPTEMBER 3, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the third day of September, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed and Titus - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; C. Campbell, Planner; G. Tait, Fire Chief; C. Cogswell, Chief of Police; Ms. A Poffenroth, By- law Enforcement Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order, and Rev. Gordon O'Coin of Calvary Temple offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Councillor Fitzpatrick RESOLVED that the minutes of the meeting of Common Council, held on August 19, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda & *Added Items Councillor Desmond moved a motion to approve the agenda whereupon Councillor Teed asked that two items (copies of which were forwarded to the Council members as information items), being letters from the Recreation and Parks Division and Trinity Church, be added to the agenda for consideration at this meeting on the basis that they were addressed to the Mayor and Council. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the agenda of this meeting be approved with the addition of the two above-mentioned items as 3A and 3B, respectively. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". *3A & *3B Recreation & Parks Division I Trinitv Church - Invitations To Events On motion of Councillor Fitzgerald Seconded by Councillor Teed RESOLVED the letter from the Recreation and Parks Division inviting the Mayor and Common Council to the Annual Seniors' Picnic to be held on September 18, 2002, and the letter from Trinity Church inviting the Mayor and Council to an ecumenical service to celebrate and give thanks in the fiftieth anniversary of the accession to the throne of Her Majesty Queen Elizabeth on November 3, 2002, be received and filed. 89-242 COMMON COUNCIL SEPTEMBER 3, 2002 Question being taken, the motion was carried. 4. 5. 6. 7 & 8 Land/LeQal/Labour Items On motion of Councillor Fitzgerald Seconded by Councillor Court RESOLVED that agenda items 4, 5, 6, 7 and 8, being a letter from the Saint John Port Authority, a letter from the Saint John Fire Fighters' Association, Local 771, IAFF, a letter from the City Manager on a staffing matter, a letter from the City Manager with regard to Harbour Passage, and a letter from Saint John Industrial Parks Ltd., respectively, be referred to Committee of the Whole for consideration on September 9,2002. Question being taken, the motion was carried. The Mayor called for a motion to bring forward agenda items 16 and 17. On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that agenda items 16 and 17 be brought forward for consideration at this time. Question being taken, the motion was carried. 16. Power Commission - 2001 Annual Report On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the 2001 Annual Report of the Power Commission of the City of Saint John be received and filed. Councillor Titus, Chairman of the Commission, highlighted the 2001 Annual Report, and the presence at the meeting of Vice-Chairman E. R. Bates and Commissioners P. 1. Riley and Councillor Desmond, as well as President and Chief Executive Officer R. A. Burpee, Vice President and Chief Financial Officer A. L. Furness, and J. Garrett of the Finance Department, was acknowledged. Question being taken, the motion was carried. 17. ParkinQ Commission - 2001 Annual Report On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED that the 2001 Annual Report of the Saint John Parking Commission be received and filed. Councillor Desmond, a member of the Parking Commission, noted the presence at the meeting of Commission Vice Chairman Norman Hamburg. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that Norman Hamburg be invited to address Council at this time in the above regard. Mr. Hamburg noted the presence at the meeting of the Commission's General Manager Richard Smith and, in highlighting the Commission's 2001 Annual Report, made the observation that the Commission's report on its study of parking- related issues in the Central Peninsula area of the City was in its final stages and should be presented to Council in the next month. Question being taken, the motion was carried. 89-243 COMMON COUNCIL SEPTEMBER 3, 2002 Councillor Fitzpatrick asked that agenda item 14 be brought forward. On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that agenda item 14 be brought forward for consideration at this time. Question being taken, the motion was carried. 14. WestQate Park Apartment Development On motion of Councillor Fitzpatrick Seconded by Councillor Desmond RESOLVED that the report from the City Manager commenting on a Westgate Park apartment development be referred to Committee of the Whole for discussion. Councillor Fitzgerald advised that he would have thought it appropriate for the City Manager to have discussions with Mr. Rocca to see if an exchange of land were possible and that is what he would like to see done at this time rather than refer it to Committee of the Whole. Councillor Chase proposed an amendment to the motion, which was seconded by Councillor Ball, that the City Manager prepare a list of City available land for consideration, and Councillor Fitzpatrick expressed disagreement with the proposed amendment in that the whole matter should be referred to Committee of the Whole without giving guidance or direction to the City Manager at this time. The Mayor expressed the opinion that the amendment did not fit with the referral motion, therefore she could not accept the amendment; and Councillor Titus advised that, as at this point in time Council has talked around the motion so much so as to have lost any negotiating power it might have had, he would not support it going to Committee of the Whole, thus the matter should be discussed at this time. Question being taken, the referral motion was carried with Councillors Fitzgerald and Titus voting "nay". 10. Street Name ChanQe - Glenburn Court Read a report from the City Manager advising of the necessity, in order to accommodate new development, to rename a portion of Glenburn Court, which would also provide an opportunity to correct two existing address discrepancies; highlighting the proposed change on the submitted map; and recommending that Common Council amend the list of official street names and approve the following changes: the addition of Autumn Street and renaming the portion of Glenburn Court between its northeast - southwest portion and the intersection with Wright Street. On motion of Councillor Titus Seconded by Councillor Teed RESOLVED that as recommended by the City Manager, Common Council amend the list of official street names and approve the following changes: the addition of Autumn Street and renaming to Autumn Street the portion of Glenburn Court between its northeast - southwest portion and the intersection with Wright Street. Question being taken, the motion was carried. 11. Crosswalks On Fairville Boulevard Consideration was given to a report from the City Manager regarding the matter of crosswalks on Fairville Boulevard, which was referred at the last Council meeting having been discussed previously with Council by the Saint John West Business Association; advising of a recent meeting with Phil Brewer and Chuck Crawford of the Association who confirmed that the Association would like to see crosswalks in place at the intersection with Catherwood Street, at O'Brien Street and possibly at Keirstead Road, the primary concern being Catherwood Street, and also advising that one crosswalk had been installed across Fairville Boulevard on the east 89-244 COMMON COUNCIL SEPTEMBER 3, 2002 side of the intersection with Catherwood Street and, since the discussions with Messrs. Brewer and Crawford, this has been repainted with prominent block markings and a second crosswalk painted across Catherwood Street on the northern side of the intersection with the same block markings, and, in addition, staff will proceed with the installation of pedestrian crossing signals at each end of these two crossings, to be synchronized with the existing traffic signals, subject to the acquisition of necessary components. With respect to O'Brien Street and Kierstead Road, the report advises that the lack of a sidewalk on the south side of Fairville Boulevard is seen as a larger deficiency than the lack of crosswalks and, while the intersection of O'Brien Street is a logical place for a pedestrian crossing, staff would not recommend simply a painted crosswalk, with four lanes of heavy traffic and a fifth turning lane in the centre but would recommend pedestrian activated stoplights and then only with a sidewalk along the developed section of the south side of Fairville Boulevard, and, given the nature of the traffic and function of Fairville Boulevard as an arterial in the City's transportation network, plus the types of development occurring on the inner section, the standard of construction should include sidewalks on both sides and this would be recommended in future capital improvement projects, and pedestrian crossings further along Fairville Boulevard would be incorporated into the reconstruction design, and staff would continue to liaise with the Association as plans are developed and construction projects are undertaken on Fairville Boulevard. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that the report from the City Manager regarding crosswalks on Fairville Boulevard, which was referred at the last Council meeting having been discussed previously with Council by the Saint John West Business Association; be received and filed and a copy be forwarded to representatives of the West Saint John Business Association. Question being taken, the motion was carried. 12. Amendment To Council Resolution Re Lease For Tourist Information Centre - Market Square Read a report from the City Manager referring to Common Council resolution of February 4, 2002 to enter into a lease agreement for a tourist information centre at Market Square for Unit 137 A and Unit 138; and advising that this resolution should be modified to fully reflect the approved lease in that the City currently leases Unit 137A but merely retains a first right of refusal for Unit 138. On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, Common Council amend its resolution of February 4, 2002 by deleting "Unit 138", and all other elements of the resolution remain the same. Question being taken, the motion was carried. 13. Easement To Permit Encroachment At 27 Queen Street Consideration was given to a report from the City Manager submitting correspondence from the Legal Department advising of a request from William C. Kean of Clark Drummie, solicitor for J. Craig Maguire, the owner of 27 Queen Street, for a grant of easement to permit the encroachment of the building at 27 Queen Street upon Queen Street, and recommending adoption of the resolution as set out. On motion of Councillor Titus Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized, in consideration of the payment of $1.00, to execute a grant of easement in favour of the owner, J. Craig Maguire, to permit the encroachment of his dwelling at 27 Queen Street upon Queen Street, such easement to terminate with the demolition or removal of the encroachment. 89-245 COMMON COUNCIL SEPTEMBER 3, 2002 Question being taken, the motion was carried. 15. Proposed New Taxi Bv-Iaw Consideration was given to a letter from the City Solicitor submitting the proposed new Taxi By-law further to Council's August 19, 2002 referral of amendments to the By-law for review prior to consideration of third reading; advising that the following changes have been made: (1) the heading "Short Title" was inserted immediately prior to Section 1; (2) the reference in Section 3 to the "Narcotics Control Act" was changed to "Controlled Drugs & Substances Act"; (3) the requirement in item (4) of Sections 6 and 12 that the decals be displayed on the front and rear bumpers has been changed so that the decals are to be displayed on the rear window and on the windows of the rear doors; (4) the fee for a taxicab license has been reduced from $250 to $150; and (5) Schedule "C" with respect to the airport fare has been deleted; and also advising that third reading was in order if Council so wished. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the proposed By-law be further amended as set out in the City Solicitor's August 30, 2002 letter to Common Council. In terms of changes being made to the proposed By-law further to first and second readings having been given, Mr. Nugent advised that this was not an issue of concern with the Taxi By-law as it was with the Zoning By-law, because of the requirement to advertise in the latter regard as well as a legislative requirement when substantial changes are made after the advertisement. The Mayor advised that, although Schedule "C" on the taxicab fare to and from the Airport was submitted with the proposed new By-law, it was proposed to delete it from the By-law because the taxi industry felt that, if it were going to regulate its own fares, it should be able to regulate the fee to and from the Airport and, while Schedule "C" refers to a fare of $25, the taxi industry charges $25 from the downtown area but from Martinon, for instance, it charges $40, thus from different parts of the City the fee to and from the Airport is different. Councillor Teed expressed concern about the way the proposed By-law has developed, having started sometime back in 2000 when it was given first and second readings with third reading to be given four weeks from that time and, more recently, the Mayor brought in a number of revisions which did not clear any committee of which he was aware and now more changes were being proposed, noting that he was not aware at any time that all reference to Airport rates was to be deleted. Question being taken, the motion was carried with Councillor Teed voting "nay". On motion of Councillor Court Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", be read. Question being taken, the motion was carried. The by-law entitled, "A By-law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", was read in its entirety. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the by-law entitled, "A By- law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. 89-246 COMMON COUNCIL SEPTEMBER 3, 2002 Read a third time the by-law entitled, "A By-law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John". 9. Environment Committee - SmokinQ Bv-Iaw Terry Gray, Chairman of the City of Saint John Environment Committee, and Committee members Don Shaw, Jeffrey Garrett, Michael Arbow, Michael Sauerteig, Peter McKelvey and James LeMesurier were present at the meeting for a presentation regarding the Smoking By-law, further to the Committee's request to Council on May 21, 2002, Council in April 2001 having referred this issue to the Committee subsequent to hearing a presentation by students of the Saint John High School Law 120 Class. Through a computer-aided presentation, Mr. Gray noted the students' recommendations that (1) the Smoking By-law be enforced and the fines increased so enforcement is economically feasible, (2) the Smoking By-law be reviewed and updated to meet citizens' current views, (3) information be provided to the public to ensure that legitimate complaints are received, and (4) the ventilation requirements in the current By-law be reviewed to ensure any health risks are avoided; and apprised Council of the Committee's research and facts considered by it as a basis for decision-making. Mr. Gray expressed the view that, while the City of Saint John's current Smoking By-law was progressive at the time it was enacted, times have changed and the City now has the opportunity to take the initiative once again on this issue - one that has serious health effects on local citizens and one that can be significantly influenced by action at the local municipal level; and recommended, on behalf of the Environment Committee, that Council implement a one hundred percent smoke free by-law that would include all indoor public places, including restaurants, bars and clubs. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that the presentation on behalf of the Environment Committee be referred to the City Manager and the City Solicitor to come back to Council with a one hundred percent smoke free by-law. Mr. Gray responded to questions in the above regard and Councillor Chase's membership on the Environment Committee was acknowledged. Question being taken, the motion was carried. 18. ParkinQ Commission - Appointment Of Bv-Iaw Enforcement Officer Read a letter from the Saint John Parking Commission requesting approval of the resolution as set out for the appointment of Christopher Barsalou as a by-law enforcement officer. On motion of Councillor Teed Seconded by Councillor Titus RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-law, namely: Christopher Barsalou, and further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. 19. Service In Tribute To Victims Of TraQic Events Of September 11. 2001 On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the letter from Mayor McAlary advising that the City of Saint John would be having a short ceremony on 89-247 COMMON COUNCIL SEPTEMBER 3, 2002 Wednesday, September 11, 2002 in King's Square to pay tribute to those who lost their lives in the tragic events of September 11, 2001, be received and filed. Question being taken, the motion was carried. 20. Ambassadors For Disabilitv Awareness Publication On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Councillor Teed submitting a copy of a publication of the Ambassadors for Disability Awareness - The Employer's Handbook for Disabilities in the Workforce, which he would propose be given to the City Manager to pass on to the personnel department for its guidance, be received and filed. Question being taken, the motion was carried. 21. New Construction Of Sidewalks On KinQ Street Read a letter from Councillor Teed advising his concern about the new construction of the sidewalks on King Street in that he feels there is a serious defect at the junction of the north side of King Street and the west side of Charlotte Street where there is a depressed circular cover which is in the direct line of walking and, as the City insurers have indicated publicly that the City must be informed of a defect or danger in the street before the City is liable and while he does not agree with this position, he hereby gives public notice and notice to the City that the construction of the new sidewalk located at the head of King Street at the junction of the north side of King and the west side of Charlotte could be considered a trap and hazard for pedestrians, and proposing that this notification be forwarded (a) to the City Manager, and (b) to the City insurers. Councillor Teed proposed a motion, which was not seconded, that the above notification be forwarded to the City Manager and the City insurers. 22. Deadlines For BilinQual Service Consideration was given to a letter from Councillor Teed advising that it appears there are functional deadlines for bilingual services for Saint John, not just by- law translation but for general operation, and he feels that Council should request an early report as to what is required, how it is planned to implement, and what will be the additional cost, if any. Councillor Teed proposed a motion, which was not seconded, that Council request an early report in the above regard, whereupon it was noted that a report had already been requested. 23. HealthlDentallDisabilitv Benefits On motion of Councillor Titus Seconded by Councillor Fitzgerald RESOLVED the letter from Councillor Titus advising of his increasing concern, as a Councillor and more significantly as a Trustee of the City of Saint John Pension Plan, with respect to the number of employees eligible to retire, however, based on medical evidence, elect to draw a disability pension and, in doing so, taxpayers pay an additional cost in the form of health care premiums until the disabled employee reaches age 65; and requesting support from Council to direct the City Manager to report back on this issue, as well as the current status of the cost to the City associated with employee health and dental benefits, be referred to the City Manager for a report. Question being taken, the motion was carried. 89-248 COMMON COUNCIL SEPTEMBER 3, 2002 24. Greater Saint John General Council Of Municipalities/Fundv ReQional Council Consideration was given to a letter from Councillor Chase proposing a Greater Saint John general council of municipalities / Fundy regional council in that, in his belief, Greater Saint John would be better served by a collaborative structure of municipal governance through a structure which would create a forum that would generate communication between the communities and subsequently cooperation on issues that impact upon the greater community. On motion of Councillor Chase Seconded by Councillor Fitzgerald RESOLVED that the Saint John Common Council formally invite the Mayor and Councils of the other communities that comprise the Greater Saint John region to develop such a regional council. Question being taken, the motion was carried. 25. IncreasinQ Interest In Soccer Read a letter from Councillor Teed expressing the view that the popularity of soccer is of increasing interest and importance to this City, particularly as it involves youth, and proposing that a letter of congratulations be forwarded from Council to the Millidgeville Under 12 Soccer Team through the organization, Fundy Soccer, on winning the Soccer New Brunswick Under 12 title, and also that the City Manager or his delegate be requested to prepare a report. On motion of Councillor Teed Seconded by Councillor Court RESOLVED that the City Manager or his delegate be requested to prepare a report on the number of soccer fields in the City and the cost of operation and on how and where development of additional soccer or general playing fields on property owned by the City that might be suitable locations for soccer fields and an approximate cost of development of a soccer field on such locations. Councillor Desmond noted the previous submission of a staff report on the City's sportsfields, and also that the Fundy Soccer Association was working with the City in the development of fields. Question being taken, the motion was carried with Councillor Desmond voting "nay". 26. MLA Carole Keddv - FundinQ For Skateboard Park In Red Head On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Carole Keddy, MLA Saint John-Champlain, advising that she has obtained $15,000 in funding through the YCAP Program for a skateboard park in the Red Head subdivision, and requesting matching funds from the City as she would like construction to start as soon as possible, be referred to the City Manager. Question being taken, the motion was carried. 27. Laurie Arsenault - Offer Of Property For New Police Station On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Laurie Arsenault offering property on Prince Edward Street for a new Police station site, and submitting a copy of an old newspaper clipping, be referred to the City Manager. Question being taken, the motion was carried. 89-249 COMMON COUNCIL SEPTEMBER 3, 2002 28. AmalQamated Transit Union - FundinQ For Transit Service On motion of Councillor Fitzpatrick Seconded by Councillor Ball RESOLVED that the letter Tony Freake, President of the Amalgamated Transit Union, Local 1182, referring to the City's 2003 budget planning on the basis that the Saint John Transit Commission cannot withstand any further cutbacks and continue to provide a modern transit system for a City that needs to grow, and expressing the view that it is time the Transit Commission had funding and authority to move forward and help the City grow, be referred to the budget process. Question being taken, the motion was carried. 29. Dallas Moyer - Permission To Build Home On Acamac Backland Road On motion of Councillor Fitzpatrick Seconded by Councillor Fitzgerald RESOLVED that the letter from Dallas Moyer asking for permission to build a home on his lot on the Acamac Backland Road and also to appear before Council to explain his reasons for building there as opposed to Planning's reasons for him not to do so, be referred to the City Manager for a report. Mr. Baird advised that staff has had various communications with Mr. Moyer on this matter which is one on which staff should prepare a report so that Council would have all the information in making a decision. Question being taken, the motion was carried. 30. Michael McDonald - Request To Address Council Re Proposed Outdoor Speed SkatinQ Oval On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Michael McDonald requesting to address Council about his idea for a 400m outdoor speed skating oval on the now-vacant land behind the Charles Gorman Arena, be referred to the Recreation and Parks Advisory Board for a recommendation to Council. Question being taken, the motion was carried. 31. Brenda And Paul Seelye Re Development Of Property - Fieldcrest Crescent. WestQate Park On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Brenda and Paul Seelye concerning Ellerdale Investments Ltd.'s plan to build apartment buildings on Fieldcrest Crescent in Westgate Park, as per the submitted letter; and advising that, as residents of 44 Downsview Drive in Westgate Park, the proposed apartment buildings would cut them off from all other single-family homes, and being surrounded by high buildings as well as higher traffic causes concern, and asking Council to take this letter into consideration when dealing with the development of this property and Ellerdale Investments, be referred to Committee of the Whole for consideration with agenda item 14. Question being taken, the motion was carried. 89-250 COMMON COUNCIL SEPTEMBER 3, 2002 32. Mr. & Mrs. Gerald Davis - Traffic LiQhts On Crown Street On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from Mr. and Mrs. Gerald Davis thanking the Mayor, Council and staff for their wisdom in placing traffic lights on Crown Street, be received and filed with thanks. Question being taken, the motion was carried. Adiournment The Mayor noted that the next regular meeting of Common Council on September 9,2002 would commence at 7:00 o'clock p.m., and declared the meeting adjourned. Common Clerk