Loading...
2002-12-09_Minutes 89-403 COMMON COUNCIL DECEMBER 9, 2002 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of December, A.D. 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; J. Nugent, City Solicitor; 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; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; B. Morrison, Director of Recreation and Parks; W. D. Todd, Director of Information Systems and Support; D. Logan, Purchasing Agent; C. Cogswell, Chief of Police; R. Simonds, Deputy Fire Chief; 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 December 2, 2002, be approved. Question being taken, the motion was carried. 3. Approval of AQenda On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the agenda of this meeting be approved Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that agenda items 6, 10, 18, 19, 20 and 21 be laid on the table. The Mayor noted that the above items were being tabled on the understanding that they would not be placed on the Council agenda again until the new year. Question being taken, the tabling motion was carried. 4. Translation & Interpretation Services Read a report from the City Manager advising that, further to the previous report to Council outlining the requirements and timetable for the provision of services in both official languages, it was determined that it would not be in the best interest of the City, or any potential bidder, to seek competitive bids until such time as the full scope of the required services could be better defined, thus staff is recommending that the City 89-404 COMMON COUNCIL DECEMBER 9, 2002 take advantage of the work already done by the Province by utilizing the resources it presently has under formal agreements; distinguishing between the two very different service requirements that presently exist, each provided by very different types of firms - simultaneous interpretation of the spoken word and translation of the written word, and also advising the cost associated with each service. On motion of Councillor Trites Seconded by Councillor Desmond RESOLVED that as recommended by the City Manager, the City of Saint John engage the services of Ms. Louise Beland as interpreter and facilitator for interpretation services, and Alayn Noel, 1.A. Inc., Lexi-tech International, McLaughlin Ltd. and Optimum Translations Inc. for translation services, all in accordance with the existing supply contracts or future supply contracts with the Province of New Brunswick until such time as the City believes it to be in its best interest to seek its own competitive bids and establish its own supply agreements. Question being taken, the motion was carried. 5. Underground Water Pipe Crossing Agreement Watermain AlonQ Thorne Avenue & Russell Street Read a report from the City Manager seeking Council's approval for the City to enter into a 1 O-year licence agreement for the underground water pipe crossing under the railway line that crosses Thorne Avenue in the vicinity of the Superstore entrance, formerly recognized as the Dry Dock Spur (Mile .42), the City in the summer of 2002 having installed a new watermain along Thorne Avenue and Russell Street. On motion of Deputy Mayor White Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, (1) the City of Saint John enter into the submitted Underground Water Pipe Crossing Agreement dated as of July 1, 2002, with Canadian National Railway Properties Inc., and (2) the Mayor and Common Clerk be authorized to execute the Underground Water Pipe Crossing Agreement Licence. Question being taken, the motion was carried. 7. City Market Promotion Committee Consideration was given to a report from the City Manager advising that the City Market tenants adopted the Deputy Market Clerk's recommendations, with some amendments, that the Market merchants be divided into three merchant groups with each group electing three representatives to the City Market Promotion Committee and asked the Deputy Market Clerk to proceed to hold an election of representatives and, on November 18, 2002, by secret ballot of all tenants, nine members were elected to the City Market Promotion Committee as follows: representing restaurants: Mary Lou Flogeras - Yogel's, Michelle Hooton - Sisters Italian Food, Shelley Poirier - The Wild Carrot; representing gift, craft, clothing and service merchants: Lynn Freeze - Leather and Lyrics, Pat MacLeod - Pat's Secret Garden, Clare Smith - Clare & Company, and representing meat, produce, fish and baked goods vendors: Geoff Lander - Pete's Frootique, Vera Bochar - The Baking Stone, Ann French - Raymond's Meats; and also advising that the newly elected Committee met on November 21,2002 at which time Clare Smith was elected Chairperson and Pat MacLeod Co-Chairperson. On motion of Councillor Desmond Seconded by Councillor Ball RESOLVED that as recommended by the City Manager, Common Council (1) establish the City Market Promotion Committee and adopt the Terms of Reference for the Committee, submitted as Appendix "A", and (2) authorize the Commissioner of Finance to pay to the Committee annually an amount equal to the promotion fees collected from all the merchants. Councillor Trites suggested that, as there could be questions in the above regard, the matter should be tabled. 89-405 COMMON COUNCIL DECEMBER 9, 2002 On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. The Mayor noted that the above item would not be back to Council until January 2003. 8. City Market WeiQh Scales On motion of Councillor Fitzpatrick Seconded by Deputy Mayor White RESOLVED that the report from the City Manager advising, further to Council's previous referral of the matter of utilizing the warehouse sales at the City Market as an attraction, that the City Market currently owns three scales, none of which may be used for legal trade but, through an understanding with Consumer & Corporate Affairs Canada, can be used for display and demonstration purposes and, although consideration has been given to using one of the warehouse scales as an attraction, the Deputy Market Clerk has been unable to determine a suitable location for it without displacing tenant space, thus foregoing rental income, and staff will continue to monitor the situation and seek an opportunity to display a warehouse scale should a suitable change in occupancy permit, be received and filed. Question being taken, the motion was carried. 9. Practicalitv Of UtilizinQ Concrete Crosswalks On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the report from the City Manager commenting on the experience in the City of Woodstock, Ontario where two different types of crosswalks have been installed in various parts of the City, as well as on the experience in Saint John in utilizing concrete sidewalks at the foot of St. Patrick Street, at the head of Water Street and crossing Prince William Street, further to the October 28, 2002 request for a staff report with respect to the practicality of utilizing concrete crosswalks especially where streets are being reconstructed; and suggesting, as a test location should Council wish to try a standard concrete walkway, a portion of a deteriorated concrete crosswalk at St. Patrick Street, and also, with Council's approval, the crosswalk on Water Street at Loyalist Plaza, be received and filed. Question being taken, the motion was carried. 11. Fundv ReQion Solid Waste Commission's 2003 BudQet Proposal Read a report from the City Manager advising that, with regard to the Fundy Region Solid Waste Commission's 2003 budget proposal as presented to Council on November 18, 2002, it would appear that significant progress has been made in improving the general business functioning of the Commission's operations that were a concern last year and careful management of ongoing operations, particularly in the area of leachate management and recycling, will be required to avoid significant increases in the tipping fees in future years; and also advising that the increase in tipping fee from its present level of $96 per tonne to $110 per tonne will result in the City's cost for this service increasing by approximately $125,000 and provision has been made in the City's proposed 2003 Operating Budget for this amount. On motion of Deputy Mayor White Seconded by Councillor Fitzgerald RESOLVED that as recommended by the City Manager, Common Council encourage its representative on the Fundy Region Solid Waste Commission to support the 2003 Operating Budget submission of the Fundy Region Solid Waste Commission. 89-406 COMMON COUNCIL DECEMBER 9, 2002 Question being taken, the motion was carried. (Councillors Ball, Fitzpatrick and Trites withdrew from the meeting as they were not present for the December 2, 2002 public hearing with regard to the proposed Zoning By-law amendment to re-zone property located at 23-25 Jean Street.) 12. Zoning By-law Amendment & Imposing Of Section 39 Conditions - 23-25 Jean Street On motion of Councillor Desmond Seconded by Deputy Mayor White RESOLVED that the by-law entitled, By- law Number C.P. 100-606 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 23-25 Jean Street (PID Numbers 00322065 and 55021117), having a total area of approximately 930 square metres (10,011 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, By-law Number C.P. 100-606 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 Deputy Mayor White RESOLVED that the by-law entitled, By- law Number C.P. 100-606 A Law To Amend The Zoning By-law Of The City Of Saint John", insofar as it concerns re-zoning an area of land located at 23-25 Jean Street (PID Numbers 00322065 and 55021117), having a total area of approximately 930 square metres (10,011 square feet), from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read a third time and enacted and the Corporate Common 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 limiting the use of the re-zoned area to a maximum of three dwelling units. Question being taken, the motion was carried. Read a third time the by-law entitled, By-law Number C.P. 100-606 A Law To Amend The Zoning By-law Of The City Of Saint John". (Councillors Ball, Fitzpatrick and Trites re-entered the meeting.) 13. P.R.O. Kids - Request To Make Presentation On motion of Deputy Mayor White Seconded by Councillor Desmond RESOLVED that the letter from P.R.O. Kids (Positive Recreation Opportunities for Kids) requesting to be placed on the agenda at an open session of Common Council to provide information and an update on the status of the program, be received and referred to the Common Clerk to schedule a presentation in the new year. Question being taken, the motion was carried. 14. The Saint John Jeux Canada Games Foundation, Inc. Appointment To Board Of Governors On motion of Councillor Fitzpatrick Seconded by Councillor Titus RESOLVED that the letter from The Saint John Jeux Canada Games Foundation, Inc., requesting that Derek Wisdom and Ann 89-407 COMMON COUNCIL DECEMBER 9, 2002 Cox be appointed Governors of the Foundation, be referred to the Nominating Committee. Question being taken, the motion was carried. 15. The Saint John Jeux Canada Games Foundation, Inc. 2001 Activities And Financial Statements On motion of Councillor Titus Seconded by Councillor Trites RESOLVED that the letter from The Saint John Jeux Canada Games Foundation, Inc., reporting on its 2001 activities, and submitting its audited Financial Statements for the year ending December 31, 2001, be received and filed. Question being taken, the motion was carried. 16. Saint John Board Of Police Commissioners Format For PlacinQ Items On MeetinQ AQendas On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from the Saint John Board of Police Commissioners submitting, further to Common Council resolution of September 30, 2002 requesting a copy of the Board's rules governing the conditions and format for placing items on the non-public agenda, a copy of sections 27 and 28 of the Commission's Procedural By-law; and advising that its legal counsel confirmed that the Board is following an appropriate process for determining whether items will be discussed in a public or a non-public session, be received and filed. Question being taken, the motion was carried. 17. Saint John Board Of Police Commissioners Police Force Honour Guard Policv On motion of Councillor Desmond Seconded by Councillor Titus RESOLVED that the letter from the Saint John Board of Police Commissioners submitting a copy of a report from the Chief of Police with regard to the provision of honour guards, further to Common Council resolution of September 30, 2002 requesting to be informed of the policy as to the provision of a Police Guard of Honour at funerals, be received and filed. Question being taken, the motion was carried. 17 A. Saint John Board Of Police Commissioners EvaluatinQ Effects Of BudQet Reduction On motion of Councillor Trites Seconded by Councillor Titus RESOLVED that the letter from the Saint John Board of Police Commissioners requesting to present a report on evaluating the effects of budget reductions, as requested by the Committee of the Whole of Council as a follow-up to the Board's 2003 budget submission, be referred to the budget process. Question being taken, the motion was carried. 89-408 COMMON COUNCIL DECEMBER 9, 2002 22. W. Ravmond Dovle - Port Of Saint John On motion of Councillor Titus Seconded by Deputy Mayor White RESOLVED that the letter from W. Raymond Doyle submitting a photocopy of a newspaper article from the 1960s regarding the Chignecto Canal Project, and suggesting that the City should check it out in terms of an indication that the hundreds of boats that would use it and call Saint John the main port would put the City back in the mainstream, be received and filed. Question being taken, the motion was carried. 23. Local 771 - Request To Make Presentation On motion of Councillor Fitzpatrick Seconded by Councillor Court RESOLVED that the letter from Local 771, IAFF, Saint John Fire Fighters' Association, requesting to make a presentation in open session of Council prior to the budget being passed to voice concerns about the recent cuts and further proposed cuts to the fire service, be received and Local 771 be invited to address Council. Councillor Trites advised that, as Council was expecting to bring the budget down next week, he did not see how Council could accommodate the request, and he could not support the motion. Question being taken, the motion was lost with the Mayor, Deputy Mayor and Councillors Ball, Chase, Court, Desmond, Fitzgerald, Teed, Titus and Trites voting "nay". Adiournment The Mayor declared the meeting adjourned. Common Clerk