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2002-11-12_Minutes 89-365 COMMON COUNCIL NOVEMBER 12, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twelfth day of November, AD. 2002, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Deputy Mayor White and Councillors Ball, Desmond, Fitzgerald, Teed, Titus and Trites - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A Beckett, Commissioner of Finance and Commissioner of Corporate Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; D. Logan, Purchasing Agent; E. LeBlanc, Insurance and Claims Officer; C. Cogswell, Chief of Police; Ms. S. Greer, Communications Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - Prayer Mayor McAlary called the meeting to order and offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that the minutes of the meeting of Common Council, held on November 4, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda & *Added Item On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the agenda of this meeting be approved with the addition of a report from the City Manager recommending a lot levy with respect to a Drury Cove residential development (which was considered in Committee of the Whole earlier this date under item 30) as item 7 A Question being taken, the motion was carried. 4. Design And Construction Management Services Forest Hills/Uly Lake Water StoraQe Reservoirs & Mains Consideration was given to a report from the City Manager submitting a copy of a report on the engagement of engineering services previously submitted to Council on March 18, 2002 at which time Council approved the recommendation authorizing staff to conduct the necessary negotiations with the consultants identified to carry out design and construction management services for the 2002 Water and Sewerage Utility Fund and General Fund Capital Programs, one of which was Godfrey Associates Ltd. to carry out design and construction management services for the Forest Hills/Lily Lake water storage reservoirs and water mains; advising of the proposal submitted by Godfrey Associates Ltd., and its subsequent revised proposal at the request of staff as the Review Committee agreed that the upset fee was significantly greater than the amount budgeted for engineering services and appeared high for the level of work requested, as was the case with the revised proposal; and also advising that staff has been unable to reach an acceptable agreement with the consultant, therefore, a public call for proposals will be issued for engineering services (design and 89-366 COMMON COUNCIL NOVEMBER 12, 2002 construction management) for the Forest Hills/Lily Lake water storage reservoirs and water mains project. On motion of Councillor Trites Seconded by Councilor Ball RESOLVED that as recommended by the City Manager, the above report be received and filed. Question being taken, the motion was carried. 5. Citizen EnQaQement Project Results On motion of Councillor Desmond Seconded by Councillor Fitzgerald RESOLVED that the report from the City Manager advising that a total of 315 responses were received from the public through the City's Citizen Engagement Project in relation to the 2003-2004 budget deliberations, this project having been a great success and Service New Brunswick and the University of New Brunswick are very interested in pursuing future projects with the City to further enhance contact with citizens of the community; submitting Appendix A - a summary of the responses to questions that allow for a quantitative summary, and Appendix B - a copy of the consultation questionnaire with "thematic" summaries of the responses received to the open dialogue questions; and recommending that this report be referred to the City Manager for consideration as part of the 2003-2004 budget preparation process, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 6. Municipal PoolinQ Of Insurance For New Brunswick Cities Read a report from the City Manager advising of the Cities of New Brunswick Association's consideration of the feasibility of developing a municipal pool for insurance for New Brunswick cities in that, with the pooled approach, municipalities would have a common interest in the development of Provincial legislation that would provide a clear method of operation for many municipal activities, and it is the Association's recommendation that Marsh Canada Ltd. be engaged to undertake a feasibility study for the adoption, establishment and implementation of a pooled approach to insurance. On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council adopt the prior recommendation of the Cities of New Brunswick Association for the engagement of Marsh Canada Ltd. to undertake a feasibility study for the establishment of an insurance pool by the members of the Association and further that the necessary funds to cover the City's share of the cost - $12,574.00, be allocated. Question being taken, the motion was carried. 7. City Of Saint John Residential Study On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that the report from the City Manager submitting a copy of the City of Saint John Residential Study conducted by Corporate Research Associates Inc. which was commissioned in June 2002, and hoped to be of benefit to Council as it considers various alternatives with respect to 2003 and beyond, be received and filed. Question being taken, the motion was carried. 89-367 COMMON COUNCIL NOVEMBER 12, 2002 *7 A. Drurv Cove Residential Development - Lot Levv Read a report from the City Manager regarding the proposed re-zoning of property located at Drury Cove to which Council on September 23, 2002 gave first and second readings and resolved that third reading not be given until a further report was prepared recommending a specific levy amount that had been negotiated with the proponent and also until receipt of a cost benefit analysis related to the levy and payback to the City and a report from the City Solicitor on the use of environmentally friendly products being included in the covenant; and, in noting that the latter issue would be the subject of a future report from the City Solicitor, advising that, in meetings of City staff with the developer, it was agreed that the basis of any levy should be $1 million which could be distributed over the anticipated development of 500 units on the subject site and other lands in the immediate area, which would translate in simple terms into a levy amount of $2,000 per lot or residential unit and, at the same time, the City would like to see an "up-front" financial commitment by the developer, an accelerated repayment schedule and assurances that the development is going to proceed and, from the developer's perspective, there is a desire that the City provide assurance that there will be sufficient "downstream" treatment capacity to handle the developer at full build- out and also that the developer's action in carrying out a major investment in the option to purchase the re-zoned area plus additional future development lands in the Drury Cove area for a price that is in excess of $1 million is evidence that the developer is serious about proceeding with this development. The report also advises that, with these criteria in mind, it is proposed that the following form the basis of an agreement with the City, pursuant to Section 39 of the Community Planning Act: (1) the developer will make an "up-front" contribution of $100,000 which would be paid to the City immediately upon completion of the trunk services, and this up-front payment would be credited toward the lot levy charge for the first 40 lots in the development; (2) the developer will pay a $2,500-per-lot levy to the City at the time of creation of each lot after the initial 40 lots, and the $2,500 charge (rather than $2,000) will provide for an accelerated repayment schedule; (3) the developer will agree that the City will not proceed with any spending or construction on the required trunk services until documentary evidence is provided to the City indicating that the applicant has purchased development lands for a value exceeding $1 million, the purpose of this provision being to demonstrate the proponent's commitment to the carrying out of the proposed development; and (4) the City will agree to be responsible for various "downstream" upgrades to existing trunk lines, pumping station facilities and treatment facilities that would be required to accommodate the equivalent 500 residential units. With regard to the last point, the report advises that, while the developer is suggesting this commitment by the City which would include other future development lands of the applicant, the actual area being considered for re-zoning at this time consists of approximately 320 single family lots and, although it would not be possible to include a commitment for more units than are included on the specific property that is the subject of the Section 39 agreement, it should be noted that the City is committed to proceeding in any event with the necessary upgrading of the overall sewage collection and treatment system for East Saint John that will result in full treatment and allow the larger development to proceed; also advises that the issue that still needs to be resolved is the sharing of the initial City investment between the Water and Sewerage Utility and the General Fund; and indicates that the developer is anxious to proceed and would like to have this issue resolved. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the points as outlined in the City Manager's submitted report on the lot levy for a Drury Cove residential development be the basis of the agreement between the City and the developer that will set out the timeframes and details of construction of the required trunk sewer and water improvements, and the final agreement be returned to Common Council for approval prior to third reading of the re-zoning. Question being taken, the motion was carried. 8. Municipal Plan Amendment & Re-ZoninQ - 1382 Hickev Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Dale Mott / 89-368 COMMON COUNCIL NOVEMBER 12, 2002 Andrew MacDonald for property located at 1382 Hickey Road, and no written objections were received in this regard. On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the application of Dale Mott / Andrew MacDonald for a Municipal Plan amendment and re-zoning of property located at 1382 Hickey 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, December 16,2002, at 7:00 o'clock p.m. Question being taken, the motion was carried. 9. Fundv ReQion Solid Waste Commission - 2003 BudQet Proposal On motion of Deputy Mayor White Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Solid Waste Commission submitting its proposed operating budget for the fiscal year 2003 and giving notice, pursuant to section 15.7 (1) of the Clean Environment Act, that it will vote on the proposed budget on or before Wednesday, December 11,2002; and extending the offer for the Commission Chair and General Manager to attend such meetings of Council, committees and staff as may be required to discuss and explain the details of the proposed budget, be received and the Commission be invited to address Council in this regard. Councillor Desmond, Council's representative on the Commission, suggested that the Commission should be invited to make its presentation as soon as possible so that Council would know the implications of the proposed budget, and the Mayor noted that the Commission would be invited in at the next regular meeting of Council where it could be fitted in. Question being taken, the motion was carried. 10. Finance Committee - Appointment Of Auditors Read a letter from Councillor Desmond, Chairman of the Finance Committee, advising of the Committee's meeting to discuss the appointment of auditors for the current year (2002), the 1996 appointment of Ernst & Young having expired with the completion of the 2001 audit, and that, in light of the timing and the process required for a proposal call, it was considered prudent to recommend the extension of the existing contract for a period of one year on the same terms and conditions as were in place for 2001 at a total cost, exclusive of taxes, of $67,635. On motion of Councillor Ball Seconded by Councillor Fitzgerald RESOLVED that as recommended by the Finance Committee, Ernst & Young be appointed auditors for the City of Saint John General Fund, the City of Saint John Water and Sewerage Utility, the Saint John Parking Commission, and the City of Saint John Sinking, Reserve and Trust Funds, for the year 2002 on the same terms and conditions as were in place for 2001: AND FURTHER that as recommended by the Finance Committee, Common Council direct the Finance Committee to develop a policy for review by Common Council with respect to the ongoing appointment of auditors. Question being taken, the motion was carried. 11. Saint John Floral Museum Read a letter from Councillor Teed referring to the establishment by Keirstead's Flower Shop of the Saint John Floral Museum as another positive step in 89-369 COMMON COUNCIL NOVEMBER 12, 2002 keeping with the proposed vision statement for the City in that Saint John will continue to be recognized as the heritage centre of New Brunswick. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that Council extend congratulations and best wishes to Keirstead's Flower Shop for its positive action in establishing the Saint John Floral Museum. Question being taken, the motion was carried. 12. ProQram To Certify Personal Fitness Trainers Consideration was given to a letter from Councillor Teed referring to the new program being offered by the New Brunswick Council for Fitness and Active Living to certify personal fitness trainers as in keeping with the proposed vision statement for the City as being recognized as the leading Municipality in New Brunswick as the health centre and as progressive in developing programs to enhance the quality of life for its residents. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that a letter of congratulations be forwarded from Council to the New Brunswick Council for Fitness and Active Living, which is located on Sand Cove Road in Saint John, for initiating positive and progressive steps which will assist citizens of Saint John and New Brunswick in attaining a fuller life style. Question being taken, the motion was carried. 13. North End Police Station Read a letter from Councillor Teed commenting on the North End Police Station building in that, while there are three possible entrances to the third floor where people enter the Station, there is no means of getting the attention of persons within the building as there is no bell, push button, alarm system or otherwise, and also there appears to be community meeting hall on the north side of the building which is now closed due to a mould, fungus and ceiling mushrooms found in the hall and it is not clear whether such could be detrimental to health; asking what action is being taken and who is responsible to prevent further growth and spread of the mould, and proposing that (a) the question of control and management, (b) the matter of installation of a bell or buzzer system, and (c) the matter of mould or fungus on the building and what is being done to remedy this, be referred to the City Manager for a report. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above letter be referred to the Saint John Board of Police Commissioners. The initial motion proposed by Councillor Desmond and not seconded was to refer the matter to the City Manager. Question being taken, the motion was carried. 14. Exit Ramp At Junction Of HiQhwavs 7 And 1 Read a letter from Councillor Teed advising his concern about the exit ramp at the junction of Highways 7 and 1, and proposing that the City express its concern to the Minister of Transportation and urge the Minister to initiate action to rectify the curve in such a manner as to make it less dangerous and more comfortable for drivers. 89-370 COMMON COUNCIL NOVEMBER 12, 2002 On motion of Councillor Teed Seconded by Councillor Desmond RESOLVED that the above matter be referred to the Minister of Transportation. Question being taken, the motion was carried. 15. Enforcement Of Tenants' Duties Re GarbaQe Bv-Iaws Consideration was given to a letter from Councillor Teed regarding a proposed resolution respecting changes in tenancy laws to assist in the enforcement of garbage by-laws, which the Cities of New Brunswick Association referred to Council on October 15, 2002 for reconsideration and explanation; setting out a revised proposal of the original resolution, and proposing a resolution to be adopted and forwarded to the Association for consideration. Councillor Teed proposed a motion, which was not seconded, to forward the above-mentioned resolution to the Cities of New Brunswick Association. 16. CiQarette Butts On Streets And Sidewalks Consideration was given to a letter from Councillor Teed regarding the matter of smoking and cigarette butts on streets and sidewalks, which was raised previously. Councillor Teed proposed a motion, which was not seconded, to refer the question of the control of the proliferation of cigarette butts in the central part of the City to the City Manager and Uptown Saint John with a request for a report on the feasibility of acquiring a small cigarette butt disposal container fixable to walls or poles, the cost of same and how such could be implemented. 17. APEC Conference On Urbanization And AQinQ Population Read a letter from Councillor Teed submitting information on an APEC conference to be held in Moncton on November 27,2002 on urbanization and the aging population, which are topics that may be pertinent to actions of Council in the future, and asking if any member of staff or a representative of the Seniors' Advisory Committee plans to attend this conference. Councillor Teed proposed a motion, which was not seconded, for the City to pay the cost of a City staff member or a representative of the Seniors' Advisory Committee to attend the above-mentioned conference. 18. Frank RodQers - ResiQnation From Saint John Industrial Parks Ltd. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that with regard to the letter from Frank Rodgers submitting his resignation as a Director of Saint John Industrial Parks Ltd. effective upon Council's approval, Mr. Rodgers' resignation be accepted and he be thanked for his service, and the matter be referred to the Nominating Committee. Question being taken, the motion was carried. 19. VillaQe Of Minto - Rural Health Care In Province On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that with regard to the letter from Gary Di Paolo, Mayor of the Village of Minto, New Brunswick, asking for Council to lend support to its cause to save its emergency room service and its in-patient beds as indicated in the submitted letter, by writing, phoning, e-mailing or personally contacting its MLA, the Minister of Health and Wellness - The Honourable Elvy 89-371 COMMON COUNCIL NOVEMBER 12, 2002 Robichaud, and Premier Bernard Lord, a letter be forwarded on behalf of the rural communities in New Brunswick in support of the cause to save emergency room service and in-patient beds. Question being taken, the motion was carried. 20. Lovalist City HeritaQe Festival - Request To Present BudQet On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Graham MacDonald, President of Loyalist City Heritage Festival, requesting to present the Festival's submitted report on the 2002 Festival and its 2003 budget, be referred to the budget process. Councillor Desmond proposed a motion to give Loyalist City Heritage Festival a time to make its presentation, whereupon the Mayor noted that Council had already received the presentation with the above letter. Question being taken, the motion was carried. 21. Admiral Beattv Seniors' Club - Transportation For Seniors On motion of Councillor Fitzgerald Seconded by Councillor Trites RESOLVED that the letter from the Admiral Beatty Seniors' Club submitting a copy of a notice of appreciation for the involvement of the City's Recreation and Parks Division in many of the seniors' clubs in the Saint John area being able to travel from the City to many points in the Maritimes, and visit other seniors groups, and in support of keeping this program on the City's agenda, be referred to the budget process. Question being taken, the motion was carried. 22. Coverdale Centre - LaunchinQ Of CampaiQn On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the letter from Betty MacDonald, Executive Director of the Coverdale Centre, extending an invitation to the launching of the 4th Annual Purple Ribbon Campaign, on November 25, 2002, to raise awareness of the impact of family violence, be received and filed. Question being taken, the motion was carried. 23. Eileen McLauQhlin - Support Of Human Development Council On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from Eileen McLaughlin in support of the Human Development Council, be received and filed. Question being taken, the motion was carried. 24. Cities Of New Brunswick Association - 2003 Dues Consideration was given to a memorandum from the Cities of New Brunswick Association submitting a document indicating the dues for each City for the fiscal year 2003, as approved by the General Assembly on October 26, 2002, for which payment is due January 1, 2003. Councillor Desmond proposed that the above matter be referred to the budget process or to the City Manager to be paid. 89-372 COMMON COUNCIL NOVEMBER 12, 2002 On motion of Councillor Trites Seconded by Deputy Mayor White RESOLVED that approval be given for payment of the City of Saint John's 2003 dues for membership in the Cities of New Brunswick Association in the amount of $21 ,949.80. Question being taken, the motion was carried. 25. Community Meals-On-Wheels Saint John Inc. In Support Of Human Development Council On motion of Councillor Trites Seconded by Councillor Fitzgerald RESOLVED that the letter from Community Meals-On-Wheels Saint John Inc. in support of the Human Development Council, be received and filed. Question being taken, the motion was carried. 26. Board Of Trade - BudQetarv Issues & StrateQic Decisions On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the letter from the Saint John Board of Trade advising its support for Council's efforts to deal with the City's budgetary issues through significant expenditure reduction, and commending Council on recent strategic decisions made for the use of scarce financial resources which the Board believes will be of significant benefit to Saint John, such as the Mcilveen Drive expansion project and the investment in Harbour Passage; and re-iterating its position, as Council deals with the City's budget for 2003, that Saint John cannot sustain further property tax increases, be received and filed and the Board be thanked for its letter. Question being taken, the motion was carried. Adjournment The Mayor declared the meeting adjourned. Common Clerk