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2002-10-07_Minutes 89-304 COMMON COUNCIL OCTOBER 7, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of October, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Woods, Deputy City Manager; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; W. Edwards, Commissioner of Buildings and Inspection Services; S. Galbraith, Director of Works; G. Yeomans, Comptroller; D. Logan, Purchasing Agent; K. Galbraith, Manager of Public Affairs; J. Mcintyre, Manager of Human Resources; D. LeBlanc, Senior Manager, Real Estate Services; E. Giffin, Senior Project Engineer; B. Keenan, Engineer; P. Morgan, Personnel Officer; G. Tait, Fire Chief; Ms. J. Holt, Police Sergeant; Ms. L. Farrell, Solicitor; 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. Vicars Hodge of St George's Anglican Church offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the minutes of the meetings of Common Council, held on Saturday, September 28, 2002, and Monday, September 30,2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda & *Added Item On motion of Councillor Trites Seconded by Councillor Court RESOLVED that the agenda of this meeting be approved, with the addition of Nominating Committee recommendations from Committee of the Whole earlier this date as agenda item 6A Question being taken, the motion was carried. 4. Land/LeQal/Labour Item On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Fire Fighters' Association, Local 771, IAFF, further to its previous letter on a letter of intent, be received and filed. Question being taken, the motion was carried. 5. Municipal Plan Amendment - 1382 Hickev Road Public presentation was made of a proposed Municipal Plan amendment to amend Schedule 2-A - the Future Land Use Plan, and Section 2.4.7.15 by 89-305 COMMON COUNCIL OCTOBER 7, 2002 redesignating a parcel of land with an area of approximately 150 metres (500 feet) and an area of approximately 1.5 hectares (3.7 acres), located at 1382 Hickey Road (NBGIC Number 55007066), from District Centre Commercial to Light Industrial classification, to permit re-zoning of the parcel of land from "B-2" General Business to a special zone that would permit the development of self-storage warehouse units, in addition to the uses currently permitted by the "B-2" General Business zoning of the property, as requested by Dale Mott / Andrew MacDonald. The Mayor asked that agenda items 7 and 8 be brought forward. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that agenda items 7 and 8 be brought forward for consideration at this time. Question being taken, the motion was carried. 7. Employee Development Consideration was given to a report from the City Manager advising that the following staff members have recently earned certificates in Local Government Administration from Dalhousie University - Amy Lynn Poffenroth, By-law Enforcement Officer, Building and Technical Services; Susan Garnett, Senior Personnel Officer, Human Resource Division; Maria J. L. Tait, Human Resource Records Analysis, Human Resource Division; and Holly Catherine Young, Design Engineer, Water and Wastewater, Municipal Operations, and that Stephanie Dawn Walsh, Human Resource Administrator, received her Certificate in Human Resource Management from UNB Saint John, and asking Council to recognize these achievements. 8. Professional EnQineer DesiQnations Consideration was also given to a report from the City Manager advising that the following four staff members have recently earned their Professional Engineer designations - Stephanie Rackley-Roach, Systems and Program Management; Kevin O'Brien, Public Works Services; Holly Young; Brent McGovern, Water and Wastewater Engineering; and Amy Lynn Poffenroth, and asking Council to recognize these achievements. The Mayor presented certificates to the above-named City employees, congratulating them on their achievements. 6. Enterprise Saint John - Regional Economic Development StrateQY & MarketinQ Plan Consideration was given to a letter from Stephen MacMackin of Enterprise Saint John submitting an overview of the action plan to be followed this fall in order to build a comprehensive community economic development strategy and marketing plan, as well as a background document on Matthew Fischer who has been retained to consult with community leaders and representatives of key economic sectors in order to develop the economic development strategy for Greater Saint John. Raymond French, Chairman of the Greater Saint John Economic Development Commission, addressed Council with regard to Enterprise Saint John's initiative, under the Chairmanship of Stephen MacMackin and having evolved from the Mayor's Growth Strategy, to develop a regional economic development strategy and marketing plan; and Mr. MacMackin introduced Matthew Fischer who, in highlighting the project action plan, described the recommendations that would be coming from his report as hard or action-oriented recommendations, with a set of measurement systems that the Board of Directors of Enterprise Saint John could use in order to demonstrate the performance of the various sectors of the economy and the work being done to support those; and advised that the general public would have an opportunity to provide input to the strategic planning directions through e-mail. 89-306 COMMON COUNCIL OCTOBER 7, 2002 *6A. NominatinQ Committee Recommendations On motion of Councillor Court Seconded by Councillor Desmond RESOLVED that as recommended by the Nominating Committee, Diana Alexander be appointed to the Preservation Review Board, replacing Don Smith who has resigned. Question being taken, the motion was carried. On motion of Councillor Desmond Seconded by Councillor Court RESOLVED that as recommended by the Nominating Committee, John Buchanan, Vijay Kawatra and Gary Faloon, and John A. Dorrington and Richard W. Steeves from the taxi industry, be appointed to the Taxi Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Deputy Mayor White RESOLVED that as recommended by the Nominating Committee, Terry Keleher and Franyois Beaulieu be appointed as co- chairpersons of the 400th anniversary celebration. Question being taken, the motion was carried. 9. Section 39 Amendment - 630 MillidQe Avenue Consideration was given to a report from the City Manager advising that, further to Common Council resolution of September 16, 2002 regarding Rocca Property Management Inc.'s application for an amendment to the conditions of re-zoning of 630 Millidge Avenue for which the public hearing was scheduled for October 21,2002, the applicant has further revised his proposal and the development may consist of a larger residential component and less commercial space than described in the advertisement, the first which appeared in the Telegraph-Journal on September 24, 2002, and this would require cancellation of the public hearing as scheduled, and the applicant has agreed to pay the cost of the first advertisement. On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Common Council cancel the scheduled October 21,2002 public hearing for the proposed Section 39 amendment with respect to 630 Millidge Avenue, and authorize the necessary advertising for a new public hearing to be held on Monday, November 18, 2002, and the applicant pay the cost of the September 24, 2002 advertisement for the October 21, 2002 public hearing. Question being taken, the motion was carried. 10. Tender For Tires On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender for the establishment of a supply agreement for the provision of tires and tire-related services be awarded to the low bidder for each individual item as indicated in the submitted summary of bids. Question being taken, the motion was carried. 89-307 COMMON COUNCIL OCTOBER 7, 2002 11. Tender For Contract 2001-21 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Contract 2001-21, Millidgeville Wastewater Treatment Plant expansion, be awarded to the low tenderer, Cardinal Construction Inc., at the tendered price of $6,745,000.00, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents: AND FURTHER that an amount of $1,200,000.00 be approved for a project under the 2003 Water and Sewerage Utility Fund Capital Program - Wastewater Treatment category as outlined in the City Manager's submitted report. During discussion Councillor Court, noting that the tendered price was approximately $1 million over the Engineer's estimate, suggested that the City should perhaps look at doing some of these projects itself; and advised his concern that, if it were a case of estimating future projects based on previous similar work, anything else like this coming in would cost the City a million dollars more because there was now a new benchmark with the above tendered amount. Question being taken, the motion was carried with Councillor Court voting "nay". 12. Tender For Contract 2002-28 On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, Contract 2002-28, Taylor Avenue/MacLaren Boulevard/Sandy Point Road area sanitary sewer and water main, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $1,662,577.00, 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. 13. Adjustments To 2002 Water And SeweraQe Utility Fund Capital ProQram On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council approve the revisions to the 2002 Water and Sewerage Utility Fund Capital Program as outlined in the City Manager's submitted report. Question being taken, the motion was carried. 14. OperatinQ Results To AUQust 31.2002 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising that, further to the report to Council on August 6, 2002 on the operating results to the end of April at which time staff reported that a deficit for the year of $350-$400,000 was likely, at the present time it is projected that the General Operating Fund will be in a break-even position at the end of the year based on actual expenditures to August 31, 2002, savings in the debt service area as a result of lower interest rates and lower than anticipated borrowing requirements having resulted in an anticipated positive variance for the year in this expenditure area; and listing a number of costs that have arisen over the year which exceed budget allocations, be received and filed. 89-308 COMMON COUNCIL OCTOBER 7, 2002 Question being taken, the motion was carried. 15. Amendment To Council Resolution Awarding Contract For Harbour PassaQe Proiect Phase I Consideration was given to a report from the City Manager citing Common Council resolution of September 9, 2002 amending Council's resolution of August 19, 2002 respecting the award of the contract for the Harbour Passage Phase I Project to Meridian Management Inc., advising that, based on the continual verbal assurances that staff has received from the Department of National Defence officials that an agreement will be forthcoming and the continued support for the Harbour Passage Project by the local HMCS Brunswicker administrative officers, staff is recommending that the construction of the Harbour Passage proceed on the Federal Crown lands; also advising that another factor that provides comfort to the City is that on March 9, 1992 Council adopted the North End Renewal Scheme such that the proposed naval reserve facility shall "include parking area, access, landscaping, signage, and a pedestrian system to be located between the main building and the boat house and to travel along the Harbour at the eastern side of the site", and the Harbour Passage Project is an upgrading of the pedestrian system and landscaping as originally constructed at the naval reserve facility in 1973. On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that as recommended by the City Manager, Common Council rescind item 4 of its resolution of September 9, 2002 amending Common Council resolution of August 19, 2002 respecting the award of the contract for the Harbour Passage Phase I Project to Meridian Management Inc. and replace it with the following: "(4) in the event that the City has acquired the right to construct, operate and maintain the Harbour Passage Phase I Project from NB Southern Railway Company Limited, the Saint John Port Authority, the Province of New Brunswick, the Saint John Harbour Bridge Authority and Maritimes & Northeast Pipeline or those land owners have provided in writing to the City and to the City's satisfaction, permission to enter upon their respective lands for the purpose of constructing the Harbour Passage Phase I Project, and committed to execute in due course the formal documentation required by the City in that regard, and based on the verbal assurances that an agreement will be forthcoming from the Federal Crown (Department of National Defence) granting the right to occupy the lands required for the Harbour Passage Project, approve the award of Contract 2002-25, Harbour Passage Phase I to Meridian Management Inc. at the total stipulated lump sum price of $1 ,923,850 inclusive of HST, and the Mayor and Common Clerk be authorized to execute the aforesaid Contract. Mr. Butler, in response to Councillor Teed, advised that the above- mentioned contract has not been signed by the City and, in acknowledging that Meridian had begun work, noted that Meridian did so at its own risk, and Councillor Teed advised that his concern was for a policy of not following the law, and the law was that a contract be executed. Question being taken, the motion was carried with Councillor Teed voting "nay". 16. Saint John Parking Commission - Phase 2 Action Plan For Implementation Of Residential ParkinQ And Snow Removal Study On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from the Saint John Parking Commission requesting an opportunity for the Commission and Municipal Operations to make a presentation, in two parts, at the earliest possible time, of the submitted Phase 2 Action Plan for Implementation of the Residential Parking and Snow Removal Study of the Saint John Central Peninsula, be received and the Common Clerk schedule a presentation as soon as possible. Question being taken, the motion was carried. 89-309 COMMON COUNCIL OCTOBER 7, 2002 17. Saint John Board Of Police Commissioners 2002 OperatinQ BudQet Results To AUQust 31 On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Board of Police Commissioners submitting, in accordance with Section 7(3) of the New Brunswick Police Act and by the Board's resolution at its October 1, 2002 meeting, the report of the Saint John Police Force 2002 Operating Budget results for the period ended August 31,2002, be received and filed. Question being taken, the motion was carried. 18. 2003 Budgets - Harbour Station, Imperial Theatre Aquatic Centre. Trade And Convention Centre On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that the letter from Mayor McAlary submitting the 2003 budgets of Harbour Station, the Imperial Theatre, the Canada Games Aquatic Centre and the Trade and Convention Centre; and advising that the recommended budget approvals would be finalized by the Regional Facilities Commission, be received and filed. The Mayor suggested that, if the Council members had any questions or concerns in the above regard, they should voice them to either her or Deputy Mayor White who represent Council on the Regional Facilities Commission, and indicated her intent to provide the Council members with information on the City's contribution to the various facilities for 2003 which she understood to be approximately $6,000 or $7,000 more overall than in 2002. Question being taken, the motion was carried. 19. OfferinQ Of New DeQree ProQram Read a letter from Councillor Teed regarding the offering of a new degree program, being a Bachelor in Health Services in Nuclear Medicine, and proposing that a letter of congratulations from the City be forwarded to UNBSJ, NB Community College at Saint John and the Atlantic Health Sciences Corporation. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that a letter of congratulations be forwarded to UNBSJ, NB Community College at Saint John and the Atlantic Health Services Corporation in the above regard. Question being taken, the motion was carried. 20. HeritaQe Award On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the letter from Councillor Teed asking how the Canadian Heritage Award is to be presented to the City, as well as where such Award is to be located, be received and filed. The Mayor advised of the City's receipt of the Prince of Wales Award and the intent to hold a public event, probably in November, for those involved in heritage in the City; and also advised that the City's Heritage Planner Jim Bezanson accepted the Award on behalf of the City at a ceremony in Halifax at which time several members of the Preservation Review Board, as well as several members of the heritage area were in attendance. 89-310 COMMON COUNCIL OCTOBER 7, 2002 Question being taken, the motion was carried. 21. Emplovment Applicant Consideration was given to a letter from Councillor Teed advising that he was surprised to learn that the City was still engaging employees irrespective of their residence; and expressing the view that, if the City cannot at least initially start to say all persons applying for employment must have their permanent residence in the City, the City is failing in its duty to the City as a whole. On motion of Councillor Teed Seconded by Councillor Fitzgerald RESOLVED that the City policy respecting employment shall be "no applicant for employment who does not have a permanent residence in the City at the time of employment shall be exempted from the requirement the applicant must have a permanent residence within the City to be considered unless Council approves an exception for such person". Councillor Chase asked that the mover and seconder amend the motion to the effect that all persons in the employ of the City of Saint John shall reside in the City of Saint John. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the above matter be referred to the City Solicitor. Councillor Desmond advised that he did not agree with the referral motion because the City Solicitor had given an opinion, and suggested that Council should request an opinion from outside counsel. The Mayor suggested that the City Solicitor could be asked to take a second look at this and to possibly get advice from outside counsel, and called for the question on the referral motion with the request that the City Solicitor thoroughly investigate the whole issue and get outside legal counsel if necessary. Question being taken, the referral motion was carried with Councillor Desmond voting "nay". 22. Minister Of Natural Resources And Energy Transfer Of MusQuash Infrastructure To City On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the letter from The Honourable Jeannot Volpe, Minister of Natural Resources and Energy, advising that he would like to explore the transfer of the Musquash infrastructure to the City of Saint John, including the dams, the diversion tunnel, the power plant and associated facilities including the penstock, the land footprint under the infrastructure, water rights and rights of access of Crown Land to the infrastructure, and for the City of Saint John to consider accepting to complete the repairs and rehabilitate the infrastructure, maintain it in a safe condition, operate it in such a way as to minimize negative environmental effects and to implement a flood risk management strategy; and also advising that he would like to hear if the City were interested in further pursing discussions, be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 23. MindCare New Brunswick - Skate To Care Event On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from Peggy Brittain, Executive Director of MindCare New Brunswick, submitting information on how 89-311 COMMON COUNCIL OCTOBER 7, 2002 the City could contribute to the 16th Annual Skate to Care event happening February 8, 2003 at Harbour Station, and asking for support, be referred to the City Manager to determine what specifically MindCare New Brunswick is requesting from the City. Question being taken, the motion was carried. 24. Housing Working Group, Business Community Anti- Poverty Initiative - Enforcement Of BuildinQ Standards On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from John Wheatley, Chair of the Housing Working Group, Business Community Anti-Poverty Initiative, expressing support for continuing and, where necessary, increased support and resources for enforcement of building standards by-laws in the City, and urging the City to continue the more public and what was perceived as more aggressive enforcement of such by-laws in the face of pending budget reductions, be received and filed. The Mayor advised that Saint John Non Profit Housing and Housing Alternatives would be making a presentation at the next Council meeting with respect to housing issues. Question being taken, the motion was carried. 25. Friends Of St. Josephs - Protective Services On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the letter from J. Esmonde Barry, Past President of Friends of St. Josephs, expressing the view that, while appreciating the dilemma which confronts Council as it attempts to balance the City's budget, the fundamental rights of wellbeing, protection and safety of the general populace must be prioritized ahead of any demands of self-interest groups and individuals who may favour what is expedient; and urging Council to review the essential priorities of the City for the common good of the citizenry which would mean rejecting any effort to reduce the full manpower complement of the Fire and Police Departments, be received and filed. Question being taken, the motion was carried. 26. Saint John Federal Progressive Conservative Association - Annual FundraisinQ Dinner On motion of Councillor Desmond Seconded by Councillor Trites RESOLVED that the letter from the Saint John Federal Progressive Conservative Association advising of its annual fundraising dinner to be held on November 14,2002, be received and filed. Question being taken, the motion was carried. 27. Saint John Board Of Trade - Input To Water And SeweraQe Business Plan Review On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from the Saint John Board of Trade providing input to the City of Saint John's Water and Sewerage Business Plan review, the Board having reviewed the overview and executive summary documents and noting that it did not find adequate information within these documents to reach detailed conclusions on each of the issues raised, thus the comments provide 89-312 COMMON COUNCIL OCTOBER 7, 2002 guidance only as to the fundamental beliefs of the Board's members, be received and filed and the Board be thanked for its comments. Question being taken, the motion was carried. 28. Saint John Horticultural Association - Request To Present Business Plan For Restoration Of Lilv Lake Pavilion On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from the Saint John Horticultural Association requesting a time to appear before Council, at a closed or open session, on October 28, 2002, to file its business plan for the restoration of the Lily Lake Pavilion further to Common Council resolution of September 16, 2002, and update Council on the progress of the project, be referred to the Common Clerk to schedule a public presentation. Question being taken, the motion was carried. Adiournment The Mayor expressed condolences to the family and friends of Dr. Joseph MacDougall, a former Mayor of the City of Saint John, who passed away on September 30, 2002, as well as to City Solicitor John Nugent and his family on the passing of his mother, Catherine Nugent on October 3, 2002. The Mayor advised that Deputy Mayor White would be chairing the next Council meeting on October 15 in view of her forthcoming trip to China, having been invited to the official opening of the Shenzhen Concord College of Sino-Canada and the International School of Sino-Canada, and also to visit the Beijing Concord College of Sino-Canada to investigate and promote opportunities for the City of Saint John, noting the interest of the New Brunswick Community College - Saint John and the University of New Brunswick - Saint John in this endeavour. The Mayor declared the meeting adjourned. Common Clerk