decision - City of Saint John

Transcription

City of Saint John
Common Council Meeting
AGENDA
Monday, December 1, 2014
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plaît utiliser l'entrée Chipman Hill
Si vous avez besoin des services en francais pour une réunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1.
Call to Order - Prayer
2.
Approval of Minutes
2.1
Minutes of November 10, 2014
2 - 10
2.2
11 - 12
2.3
13 - 21
3.
Approval of Agenda
4.
Disclosures of Conflict of Interest
5.
Consent Agenda
5.1
ARCf: Letter of Support for Fort LaTour Development (Recommendation:
Receive for Information)
6.
Members Comments
7.
Proclamation
22 - 22
7.1
Proclamation - World AIDS Day
23 - 23
7.2
Proclamation - International Day of Persons with Disabilities
24 - 24
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8.
Delegations / Presentations
8.1
9.
Saint John Police Force: Presentation to Council
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
11.
Submissions by Council Members
11.1
12.
13.
25 - 30
CNIB Free Transportation (Councillor McAlary)
31 - 31
Business Matters - Municipal Officers
12.1
Contract 2014-06: Beaver Court - Water Main Lining
32 - 33
12.2
Contract 2014-18: Hickey Road - Wastewater Lift Station Upgrades
34 - 35
12.3
2014 Year End Projections
36 - 40
12.4
Saint John Transit Commission Funding Assistance
41 - 41
Committee Reports
13.1
Saint John Transit Commission - Projected 2014 Deficit
13.2
Finance Committee (Report to Follow)
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
42 - 44
15.1
Imperial Theatre: Request for Council - Imperial Theatre Restoration Project
45 - 48
15.2
North Star Holdings Ltd. - Incentive Program
49 - 51
16.
Supplemental Agenda
17.
Committee of the Whole
18.
Adjournment
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City of Saint John
Common Council Meeting
Monday December 1, 2014
1. Call to Order
Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez
contacter le bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant
to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8th Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Financial Matter 10.2(4)(c)
1.3 Media Reporting of Disposal of Waste Water from Fracking (Councillor Fullerton)
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98COMMON COUNCIL/CONSEIL COMMUNAL
NOVEMBER 10, 2014/LE 10 NOVEMBRE 2014
COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN
CITY HALL – NOVEMBER 10, 2014 - 5:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
- and W. Edwards, Commissioner of Transportation and Environment
Services and Acting City Manager; J. Nugent, City Solicitor; G.
Yeomans, Commissioner of Finance and Treasurer; Staff Sgt. T.
Hayes, Police; K. Clifford, Fire Chief; J. Taylor, Common Clerk;
P. Anglin, Deputy Common Clerk.
1.
Call To Order
The Mayor called the meeting to order and Major Danny Pinksen offered the evening
prayer.
2.
Approval of Minutes
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the minutes of the meeting of
Common Council, held on October 27, 2014 be approved.
Question being taken, the motion was carried.
3.
Approval of Agenda
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 ZoneSJ: Follow-Up from the Council Q&A
Session; 16.2 2015 Water and Sewer Utility Capital and Operating Budgets; 16.3 Bell
Mobility / The Power Commission of the City of Saint John Easement for Public Utilities
off Burnside Crescent; 16.4 Designation of Staff for entry under the Community Planning
Act; and, 17.1 Saint John Transit Deficit.
4.
5.
Consent Agenda
5.1
That the sponsorship request from Harbour Skating Club be approved for $100
from unspecified grants.
5.2
That the grant request from Seniors’ Resource Center be referred to the 2015
budget.
5.3
That the letter from Discover Saint John re: Infrastructure – Fort La Tour be
received for information.
5.4
That the sponsorship request from Crescent Valley Resource Center be referred
to the City Manager for a report.
5.5
Refer to Item 14.1.
5.6
That the support request from Symphony New Brunswick be referred to the 2015
budget.
5.7
That the support request from Elementary Literacy Inc. be refered to the 2015
budget.
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5.8
Refer to Item 14.2
5.9
That the request from Simonds High School - Duke of Edinburgh's Award
Presentation be scheduled for November 24, 2014.
RESOLVED that the recommendation set out for
each consent agenda item respectively with the exception of items 5.5 and 5.8 which
have been identified for debate, be adopted.
6.
Members Comments
Council members commented on various community events.
7.
Proclamation
8.
Delegations/Presentations
17.1
Saint John Transit Deficit
The City Manager commented that the Saint John Transit deficit is approximately
$600,000 and requires additional cash flow to meet its financial needs. Legislation states
that the City must pay for the deficit of the Transit Commission.
RESOLVED that Saint John Transit be invited to comment on the
deficit in Open Session.
The Mayor directed that the meeting be scheduled at the earliest time permitted under
the Procedural Bylaw.
16.2
2015 Water and Sewer Utility Capital and Operating Budgets
The City Manager advised on the projections for the budgets and the projected decrease
in water and sewer rates by 2019.
Seconded by Councillor Lowe
RESOLVED that the bylaw entitled, “By-Law
Number M-16, A By-Law to Amend a By-Law Respecting Water and Sewerage”
repealing and substituting Schedules “A” and “B”, be read a first time.
Read a first time by title, the by-law entitled, “By-Law Number M-16, A By-Law to Amend
a By-Law Respecting Water and Sewerage.”
On motion Councillor McAlary
RESOLVED that the bylaw entitled, “By-Law Number M-16, A ByLaw to Amend a By-Law Respecting Water and Sewerage” repealing and substituting
Schedules “A” and “B”, be read a second time.
Read a second time by title, the by-law entitled, “By-Law Number M-16, A By-Law to
Amend a By-Law Respecting Water and Sewerage.”
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11.
11.1
How's My Driving? (Councillor Strowbridge)
On motion of Councillor Strowbridge
Seconded by Councillor Farren
RESOLVED that that the City Manager implement
a fleet safety program to include a 1-800 How's My Driving system or similar program for
all City of Saint John vehicles.
12.
12.1
One-Stop Delivery Shop Service Delivery Model
RESOLVED that as recommended by the City
Manager in the submitted report One-Stop Development Shop Service Delivery Model
Options, Common Council authorize the One-Stop Development Shop team to engage
stakeholders on the Draft Service Delivery Model as outlined in the submitted report and
attachments.
9.
Public Hearings 6:30 P.M.
9.1
Staff Presentation - Proposed Section 39 Amendment and Similar and/or
Compatible Use for 30 Stonegate Drive/65 Drury Cove Road
Proposed Section 39 Amendment 30 Stonegate Drive/65 Drury Cove
Road
Planning Advisory Committee Recommending Approval of Section 39
Conditions
9.1.1
9.1.2
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed Section 39 Amendment amending the Section 39 conditions imposed on
the July 16, 2007 rezoning of the property located at 30 Stonegate Drive / 65 Drury Cove
Road, also identified as PID No. 55187736, to permit a dwelling unit in the existing
building, with no written objections received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of planning staff’s report considered at its October 21, 2014 meeting at
which the Committee recommended the amendment of the existing Section 39
conditions.
The Mayor called for members of the public to speak against the amendment with no
one presenting.
The Mayor called for members of the public to speak in favour of the amendment with
Mr. Dennison on behalf of Dennison Consulting presenting.
Responding to questions, the City Solicitor advised that the section 39 conditions are
registered in the Property Registry Office as defects on title and are documented on real
estate transactions between vendor and purchaser.
On motion of Councillor Lowe
Seconded by Councillor Norton
RESOLVED that
1. Common Council amend the Section 39 conditions imposed on the July 16, 2007,
rezoning of the property located at 30 Stonegate Drive/65 Drury Cove Road, also
identified as PID Number 55187736, by permitting the establishment of a dwelling unit.
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2. That, pursuant to Section 39 of the Community Planning Act, the development and
use of the parcel of land with an area of approximately 11,000 square metres, located at
30 Stonegate Drive/65 Drury Cove Road, also identified as PID Number 55187736, be
subject to the condition that the occupancy of the proposed dwelling unit at the subject
site be limited to the owner of the property.
Question being taken, the motion was carried with Councillors Reardon,
Strowbridge, McAlary and Merrithew voting nay.
9.2
9.2.1
9.2.2
Staff Presentation - Proposed Zoning ByLaw Amendment 168-172 Belmont
Street
Proposed Zoning ByLaw Amendment 168-172 Belmont Street
Planning Advisory Committee Recommending Rezoning with Section
39 Conditions
amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel
of land having an area of approximately 690 square metres, located at 168-172 Belmont
Street, also identified as PID number 55213987, from “R-2” One and Two Family
Residential to “R-4” Four Family Residential, with no objections being received.
submitting a copy of planning staff’s report considered at its October 21, 2014 meeting at
which the Committee recommending the rezoning of a parcel of land located at 168-172
Belmont Street as described above with Section 39 conditions.
The Mayor called for members of the public to speak against the amendment with Ms.
Carol Rice, residing at 164 Belmont Street presenting.
The Mayor called for members of the public to speak in favour of the amendment with
Ms. Phyllis Flowers, property realtor, presenting.
On motion of Councillor MacKenzie
Seconded by Councillor McAlary
RESOLVED that the by-law entitled, “A Law to
Amend the Zoning By-Law of The City of Saint John” amending Schedule “A”, the
Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of
approximately 690 square metres, located at 168-172 Belmont Street, also identified as
PID number 55213987, from “R-2” One and Two Family Residential to “R-4” Four Family
Residential, be read a first time.
Question being taken, the motion was carried with Councillor Lowe voting
nay.
Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The
City of Saint John.”
On motion of Councillor Reardon
Seconded by Councillor MacKenzie
Amend the Zoning By-Law of The City of Saint John” amending Schedule “A”, the
Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of
PID number 55213987, from “R-2” One and Two Family Residential to “R-4” Four Family
Residential, be read a second time.
Question being taken, the motion was carried with Councillor Lowe voting
nay.
Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of
The City of Saint John.”
On Motion Councillor McAlary
RESOLVED that the Proposed Zoning ByLaw
Amendment for 168-172 Belmont Street matter be referred to staff for a report and
recommendation on section 39 conditions including fencing.
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9.3
Staff Presentation - Proposed Municipal Plan and Zoning ByLaw
Amendment for 1808 Hickey Road
Mark Reid presented on the amendment impacts in context with the Municipal Plan,
advising that staff are of the opinion that the amendment is premature and should be
denied.
9.3.1
9.3.2
Proposed Municipal Plan and Zoning ByLaw Amendment 1808 Hickey
Road
Planning Advisory Committee Recommending to Deny the Application
the proposed Municipal Plan amendment of a parcel of land having an area of
approximately 14.5 hectares, located at 1808 Hickey Road, also identified as being PID
Nos. 00418491 and 55102628, from Rural Resource Area (outside of the Primary
Development Area) to Stable Area (within the Primary Development Area) classification;
and amending Schedule B – Future Land Use, by re-designating the same parcel of
land, Rural Resource (outside of the Primary Development Area) to Stable Residential
(within the Primary Development Area) classification to permit a rural residential
subdivision as requested by Douglas Cyr and Kimberly Wilson.
submitting a copy of Planning staff report considered at its October 21, 2014 meeting at
which the Committee recommended denial of the Municipal Plan amendment as set out
in the staff recommendation.
The Mayor called for members of the public to speak against the Municipal Plan
amendment with Morgan Lanigan, PAC Chairman, presenting.
Responding to questions, the City Solicitor advised that staff and PAC verbal
presentations are not prohibited at public hearings and that Council by resolution allows
staff presentations at public hearings.
The Mayor called for members of the public who wished to speak in favour of the
Municipal Plan amendment with John Wheatly presenting on behalf of the Northrup
developer.
Responding to questions on what is a significant benchmark for a PDA change, the City
Solicitor advised on what is a substantial change to the PDA, stating that the PDA is not
a survey map but an interpretative map. It is Council prerogative to make a policy
decision to vary the PDA boundary.
Responding to questions on procedure, the City Solicitor advised on the vote required
under the Community Planning Act to enact a bylaw that the PAC has recommended not
be passed, stating that the vote must be a majority of the full Council and may include
the Mayor and further if the Mayor does not vote under the Procedural Bylaw it counts as
a vote in favour of the motion.
Seconded by Councillor Reardon
RESOLVED that the matter be tabled for three weeks to
allow the developer and the staff to look at a land swap for the area.
Question being taken, the motion was defeated with Councillors McAlary,
Merrithew, Fullerton, Lowe, Farren, Norton, and Strowbridge voting nay.
On motion of Councillor Merrithew
Seconded by Councillor Strowbridge
Amend the Municipal Plan By-Law” amending Schedule A – City Structure, by
redesignating a parcel of land with an area of approximately 14.5 hectares, located at
1808 Hickey Road, also identified as being PID Nos. 00418491 and 55102628, from
Rural Resource Area (outside of the Primary Development Area) to Stable Area (within
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the Primary Development Area) classification; and amending Schedule B – Future Land
Use, by redesignating the same parcel of land, Rural Resource (outside of the Primary
Development Area) to Stable Residential (within the Primary Development Area), be
read a first time.
Question being taken, the motion was carried with Councillors Rearon
and MacKenzie voting nay.
Read a first time by title, the by-law entitled, “A Law to Amend the Municipal Plan ByLaw.”
Amend the Municipal Plan By-Law” amending Schedule A – City Structure, by
redesignating a parcel of land with an area of approximately 14.5 hectares, located at
1808 Hickey Road, also identified as being PID Nos. 00418491 and 55102628, from
Rural Resource Area (outside of the Primary Development Area) to Stable Area (within
the Primary Development Area) classification; and amending Schedule B – Future Land
Use, by redesignating the same parcel of land, Rural Resource (outside of the Primary
read a second time.
Question being taken, the motion was carried with Councillors Reardon
and MacKenzie voting nay.
Read a second time by title, the by-law entitled, “A Law to Amend the Municipal Plan ByLaw.”
10.
10.1
Third Reading - Bylaw Respecting Traffic on Streets in The City of Saint
John
Amend a ByLaw Respecting Traffic on Streets in The City of Saint John made under the
Authority of the Motor Vehicle Act, 1973, and amendments thereto”, amending Schedule
“B” No Parking Anytime, be read.
The by-law entitled, “A Law to Amend a ByLaw Respecting Traffic on Streets in The City
of Saint John made under the Authority of the Motor Vehicle Act, 1973, and
amendments thereto”, was read in its entirety.
Amend a ByLaw Respecting Traffic on Streets in The City of Saint John made under the
Authority of the Motor Vehicle Act, 1973, and amendments thereto”, amending Schedule
“B” No Parking Anytime, be read a third time, enacted, and the Corporate Common Seal
affixed thereto.
Read a third time by title, the bylaw entitled, “A Law to Amend a ByLaw Respecting
Traffic on Streets in The City of Saint John made under the Authority of the Motor
Vehicle Act, 1973, and amendments thereto”.
10.2
Third Reading - Bylaw with respect to Parking Zones and the Use of
Parking Meters and Pay and Display Machines
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RESOLVED that the by-law entitled, “ByLaw
Number M-7 A ByLaw to Amend a ByLaw with respect to Parking Zones and the Use of
Parking Meters and Pay and Display Machines”, amending Schedule “A”, be read.
The by-law entitled, “ByLaw Number M-7 A ByLaw to Amend a ByLaw with respect to
Parking Zones and the Use of Parking Meters and Pay and Display Machines”, was read
in its entirety.
RESOLVED that the by-law entitled, “ByLaw
Number M-7 A ByLaw to Amend a ByLaw with respect to Parking Zones and the Use of
Parking Meters and Pay and Display Machines”, amending Schedule “A”, be read a third
time, enacted, and the Corporate Common Seal affixed thereto.
Read a third time by title, the bylaw entitled, “ByLaw Number M-7 A ByLaw to Amend a
ByLaw with respect to Parking Zones and the Use of Parking Meters and Pay and
Display Machines”.
13.
Committee Reports
14.
14.1
Shamrock Park Signage
RESOLVED that the P. Ram letter re: Shamrock Park –
Signage be referred to the City Manager.
Question being taken the motion was carried.
14.2
License Renewal Agreement Westside Food Bank – Carleton Community
Centre
RESOLVED that as recommend by the City
Manager in the submitted report M&C 2014-192: License Renwal Agreement Westside
Food Bank - Carleton Community Centre,
1) The City enter into the License Agreement with Westside Food Bank Inc. attached to
the submitted report as Appendix A; and
2) The Mayor and Common Clerk be authorized to sign the license agreement.
15.
15.1
Union of the Municipalities of New Brunswick
Seconded by Councillor Strowbridge
RESOLVED that the letter re: Union of the
Municipalities of New Brunswick be referred to the City Manager.
16.
Supplemental Agenda
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16.1
ZoneSJ: Follow-Up from the Council Q&A Session
Seconded by Councillor Fullerton
RESOLVED that item 16.1 ZoneSJ: Follow-Up from
the Council Q&A Session be tabled to allow Council the opportunity to ask questions of
staff.
Question being taken, the motion was carried with Councillor
Strowbridge voting nay.
16.3
Bell Mobility/The Power Commission of the City of Saint John Easement for
Public Utilities off Burnside Crescent
Manager in the submitted report M&C 2014-191: Bell Mobility/The Power Commission of
the City of Saint John Easement for Public Utilities off Burnside Crescent,
1. The City of Saint John grant an Easement for Public Utilities together with a Pole and
Anchor Easement to The Power Commission of the City of Saint John and Bell Mobility
Inc., identified as "E-1 Proposed 5.0 Wide Power Easement" on the submitted
subdivision plan titled, "Galbraith Equipment Co. Ltd. Subdivision" located in and through
a portion of PID No. 55051676, located off Bumside Crescent for the sum of $1,000.00
plus H.S.T. (if applicable), as generally shown on the submitted subdivision plan, dated
February 27, 2014, subject to the terms and conditions as set out in the submitted
agreement; and
2. The Mayor and Common Clerk be authorized to sign the Easement Agreement.
16.4 Designation of Staff for entry on premises under the Community Planning Act
Responding to questions, the Deputy Commissioner of Growth and Community
Development stated that this is a routine housekeeping resolution to address staffing
changes.
Responding to questions the Fire Chief advised that there are similar roles for fire
prevention staff under the the Fire Protection Act.
Manager in the submitted report regarding the Designation of Staff for Entry on Premises
under the Community Planning Act, Common Council adopt the following:
WHEREAS the Common Council of The City of Saint John has enacted certain by-laws
pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C-12, and
amendments thereto, (the "Community Planning Acf') including the Saint John Building
Bylaw,By-law Number C.P. 101, The Zoning By-law a/the City o/Saint John, By-law
Number C.P. 110, and the City a/Saint John Flood RiskAreas By-law, By-law Number
C.P. II and amendments thereto for each of these By-laws, and it may from time to time
be necessary to make inspections for the administration of these By-laws;
AND WHEREAS subsection 92(1) of the Community Planning Act provides that a ouncil
may authorize persons to enter at all reasonable times upon any property within its
jurisdiction for the purpose of making any inspection that is necessary for the
administration of a by-law:
NOW THEREFORE BE IT RESOLVED, that each of Amy Poffenroth, Pamela Bentley,
Christopher McKiel, Nicole McKenna, Lorraine Denton, Mark Slader, Marc Goguen,
Jason Waye, Vincent Chan, Tamara Duke, Rick Armstrong, Patrick McCarthy, Katelyn
Davis, and Carl Brandon, each of whom is a City Inspector, is hereby authorized to enter
at all reasonable times upon any property within the territorial boundaries of the City of
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Saint John for the purpose of making any inspection that is necessary for the
administration of the Building By-law, Zoning By-law, and the City of Saint John Flood
Risk Areas By-law,effective immediately, and this authorization shall continue until
he/she ceases to be an employee of Growth and Community Development Services of
The City of Saint John or until rescinded by Common Council, whichever comes first.
Question being taken the motion was carried with Councillors
Fullerton and Lowe voting nay.
18.
Adjournment
RESOLVED that the Common Council meeting of
November 10, 2014 be adjourned.
The Mayor declared the meeting adjourned at 9:50 p.m.
Mayor / maire
Common Clerk / greffier communal
10
COMMON COUNCIL SPECIAL MEETING – THE CITY OF SAINT JOHN
CITY HALL – November 14, 2014 - 4:00 P.M.
Present:
Mel Norton, Mayor
MacKenzie, McAlary, Merrithew, Norton, Reardon and
Strowbridge
- and P. Woods, City Manager; S. Brittain, Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; J. Taylor, Common
Clerk.
1.
Call To Order
RESOLVED that item 1.2 Committee of the Whole:
Long-Term Disability Letter of Agreement be added to the agenda of this meeting.
1.2
Committee of the Whole: Long-Term Disability Letter of Agreement
RESOLVED that as recommended by the
Committee of the Whole, having met on November 13, 2014, Council approve the
submitted LTD Letter of Agreement.
1.1
Saint John Transit Commission
The Mayor commented that Common Council intends to work with the Saint John Transit
Commission in a collaborative and constructive manner, acknowledging that the
Commission is a separate legal entity that operates at-arms-length from the City, with a
separate board and a separate management and governance.
The Mayor explained that Common Council provides the Transit Commission’s annual
budget through taxpayers funding therefore creating accountability both on the
Commission and Council.
The Mayor commented that Council became aware of a $400,000 – $600,000 shortfall in
the Transit operating budget on Monday November 10th and has invited the Transit
Commission to comment on the shortfall.
Councillor Reardon, Chair of the Transit Commission, introduced the guests: General
Manager, Frank McCarey, Manager of Transportation, Charles Freake, Board Members
Don Smith and John Campbell.
Mr. McCarey presented an overview of the Transit operating costs from 2010 – 2014
commenting that service hours reflect the costs of the transportation service. During the
years under review budget shortfalls were met by the City granting a subsidy and/or by
reducing the equity of Saint John Transit.
In summation, the Mayor commented that Common Council cannot dictate the service
the Transit Commission provides, however, the decisions of the Commission reflects on
Council. Council sets the Transit Commission budget, which is the extent of Common
Council involvement. However, Council wants dialog about how services are being
provided which is information sharing not direction. He remarked that the Commission
should have notified Council much earlier about the financial shortfall, adding that such
overruns are not acceptable.
11
The Chair of the Commission stated not withstanding that the Saint John Transit
Commission Act provides that the City is liable for the operating loss, the evening’s
meeting has provided a clear message about informing Common Council of budget
overruns. The Chair also commented that the following are ex-officio members of the
Commission, the City Treasurer, the City Manager and the Commissioner of Growth and
Community Development.
1.4
Adjournment
Mayor / maire
12
COMMON COUNCIL– THE CITY OF SAINT JOHN
CITY HALL – NOVEMBER 24, 2014 - 6:00 P.M.
Present:
Mel Norton, Mayor
MacKenzie, McAlary, Merrithew, Norton and Reardon
Regrets: Councillor Strowbridge
- and P. Woods, City Manager; J. Nugent, Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; W. Edwards,
Commissioner of Transportation and Environment Services;
Jacqueline Hamilton, Commissioner of Growth and Community
Services; Stacey Forfar, Planner; K. Clynick, Divisional Chief; G.
McCloskey, Sergeant at Arms; P. Anglin, Deputy Common Clerk;
R. Evans, Administrative Assisant
1.
Call To Order – Prayer
Mayor Norton called the meeting to order and Rose Misner offered the opening prayer.
2.
Approval of Minutes
2.1
RESOLVED that the minutes of the meeting of
Common Council, held on November 3, 2014, be approved.
3.
Approval of Agenda
RESOLVED that the agenda of this meeting be
approved with the additions of 16.1 Future Greater Saint John Letter re True Growth 2.0;
16.2 ZoneSJ Draft ByLaw (Verbal); 17.1 Committee of the Whole: Distraint for Rent;
17.2 Committee of the Whole: Field House at Exhibition Park.
8.1
Simonds High School - Duke of Edinburgh's Award Presentations
Duke of Edinburgh bronze certificates were presented by Mayor Norton to Simonds High
School students Olivia Beckingham and Alex Lunn and a silver certificate for Catherine
Titus. Nicky Thorne was awarded the gold certificate, the presentation will be made by a
member of the Royal Family or the Governor General at a later date.
4.
5.
Consent Agenda
5.1
That as recommended by the City Manager in the submitted report: 2015
Common Council Meeting, Common Council approve the 2015 Common Council
Meeting Schedule.
5.2
That the sponsorship request from the Saint John Amateur Speed Skating Club
be approved for $250 from unspecified grants.
5.3
That the letter from D. Robichaud re: Support for Option 3 – Curbside Recycling
and Composting be received for information.
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5.4
That as recommended by the City Manager in the submitted report M&C 2014203: 2015 Water & Sewer Utility Capital & Operating Budgets, Common Council adopt
the following:
1. RESOLVED that the estimated revenue for the Water and Sewerage Utility for the
year 2015 in the amount of $42,371,000 be adopted (Appendix "B");
2. RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the
2015 in the amount of $42,371,000 be approved (Appendix "A"); and
3. RESOLVED that the By-Law entitled A By-Law to Amend a By-Law Respecting Water
& Sewerage (Appendix "C") be given third reading: Schedules "A" and "B" o/the By-law
respecting Water and Sewerage be amended to reflect the proposed rates/or 2015.
4. RESOLVED that subject to subsection 189 (7) (b) of the Municipalities Act, Common
Council authorize the establishment of a capital reserve fund.
5. RESOLVED that Common Council approve the 2015 Capital Budget for the Utility
Fund in the amount of $12,708,000 (gross) with contributions from other sources of
$2,255,000 yielding a Capital budget in the amount of $10,453,000 (net) as set in the
attached report.
5.5
That as recommended by the City Manager in the submitted report M&C 2014199: Proposed Public Hearing Date - 431 Eldersley Avenue, Common Council schedule
the public hearing for the rezoning application of Jaclyn Carr (431 Eldersley Avenue) for
Monday, December 22, 2014 at 6:30 p.m. in the Council Chamber, and refer the
application to the Planning Advisory Committee for a report and recommendation.
5.6
That as recommended by the City Manager in the submitted report M&C 2014198: Initiate Street Closure and Subsequent Sale of Sears Street Common Council
adopt the following resolution:
1. That the Public Hearing for the consideration of the passing of a By-law to Stop Up
and Close Sears Street in its entirety, be set for Monday, December 22, 2014 at 6:30
p.m. in the Council Chamber;
2. That Common Council authorize the publishing of a notice of the intention to consider
passing of such By-law identified above; and
3. In the event that Sears Street is stopped-up and closed; the City being neither
explicitly nor implicitly obligated to enact any by-law to stop-up and close any public
street, the City shall sell the closed street pursuant to the Agreement attached to this
report as Schedule “A” and the Mayor and Common Clerk be authorized to sign the
agreement.
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
6.
Members Comments
Council members commented on various community events.
7.
Proclamation
8.
Delegations/Presentations
9.
Public Hearings 6:30 P.M.
10.
10.1
Third Reading - Proposed Municipal Plan Amendment - 1808 Hickey Road
14
RESOLVED that the by-law entitled, “By-Law
Number C.P. 106-7, A Law to Amend the Municipal Plan By-Law” amending Schedule A
– City Structure, by redesignating a parcel of land with an area of approximately 14.5
hectares, located at 1808 Hickey Road, also identified as being PID Nos. 00418491 and
55102628, from Rural Resource Area (outside of the Primary Development Area) to
Stable Area (within the Primary Development Area) classification; and amending
Schedule B – Future Land Use, by redesignating the same parcel of land, Rural
Resource (outside of the Primary Development Area) to Stable Residential (within the
Primary Development Area), be read.
The by-law entitled, “By-Law Number C.P. 106-7, A Law to Amend the Municipal Plan
By-Law” was read in its entirety.
RESOLVED that the by-law entitled, “By-Law
Number C.P. 106-7, A Law to Amend the Municipal Plan By-Law” amending Schedule A
– City Structure, by redesignating a parcel of land with an area of approximately 14.5
hectares, located at 1808 Hickey Road, also identified as being PID Nos. 00418491 and
55102628, from Rural Resource Area (outside of the Primary Development Area) to
Stable Area (within the Primary Development Area) classification; and amending
Schedule B – Future Land Use, by redesignating the same parcel of land, Rural
Resource (outside of the Primary Development Area) to Stable Residential (within the
Primary Development Area), be read a third time, enacted, and the Corporate Common
Seal affixed thereto.
Read a third time by title, the by-law entitled, “By-Law Number C.P. 106-7, A Law to
Amend the Municipal Plan By-Law.”
10.2 Proposed Section 39 Conditions - 168-172 Belmont Street
10.2.1 Third Reading - Zoning ByLaw Amendment - 168-172 Belmont Street
10.2.2 Section 39 Conditions - 168-172 Belmont Street
RESOLVED that a by-law entitled, “By-Law
Number C.P. 110-231, A Law to Amend the Zoning By-Law of The City of Saint John”
of land having an area of approximately 14.5 hectares, located at 1808 Hickey Road,
also identified as being PID Nos. 00418491 and 55102628, from Rural Resource Area
(outside of the Primary Development Area) to Stable Area (within the Primary
Development Area) classification; and amending Schedule B – Future Land Use, by
redesignating the same parcel of land, Rural Resource (outside of the Primary
read.
The by-law entitled, “By-Law Number C.P. 110-231, A Law to Amend the Zoning By-Law
of The City of Saint John”, was read in its entirety.
RESOLVED that, pursuant to Section 39 of the
Community Planning Act, the development and use of the parcel of land with an area of
being PID No. 55213987, be subject to the following conditions:
a) That the required front yard extending to the edge of the travelled right-of-way be
landscaped within one year of the Building Permit to legalise the use being issued, and
15
b) That a board-on-board fence be constructed within one year of the Building Permit at
the location where the existing stone fence approximately ends, and extend for a
minimum of 18 metres toward the rear of the lot.
RESOLVED that a by-law entitled, “By-Law
Number C.P. 110-231, A Law to Amend the Zoning By-Law of The City of Saint John”
of land having an area of approximately 14.5 hectares, located at 1808 Hickey Road,
also identified as being PID Nos. 00418491 and 55102628, from Rural Resource Area
(outside of the Primary Development Area) to Stable Area (within the Primary
Development Area) classification; and amending Schedule B – Future Land Use, by
redesignating the same parcel of land, Rural Resource (outside of the Primary
read a third time, enacted, and the Corporate Common Seal affixed thereto.
Read a third time by title, the by-law entitled, “By-Law Number C.P. 110-231, A Law to
Amend the Zoning By-Law of The City of Saint John.”
10.3 Third Reading - A ByLaw to Amend a ByLaw Respecting Water and
Sewerage
Responding to a question, Mr. Edwards advised Council that water meters are only
available for commercial, industrial or institutional properties. He also advised that there
is no relief available for customers with high bills in the current by-law but that it will be
included when the by-law is revised in the future.
RESOLVED that the by-law entitled, “A By-Law to
Amend a By-Law Respecting Water and Sewerage” be amended by repealing and
substituting Schedules “A” and “B”, be read.
The by-law entitled, “A By-Law to Amend a By-Law Respecting Water and Sewerage”,
was read in its entirety.
RESOLVED that the by-law entitled, “A By-Law to
Amend a By-Law Respecting Water and Sewerage” be amended by repealing and
substituting Schedules “A” and “B”, be read a third time, enacted, and the Corporate
Common Seal affixed thereto.
Read a third time by title, the by-law entitled, “A By-Law to Amend a By-Law Respecting
Water and Sewerage”.
13.2
Saint John Development Corporation - Asset Management - Market Square
RESOLVED that Council approve the following
recommendations:
1. To immediately commence the expansion joint replacement at the Hilton
Hotel/Boardwalk location, utilizing the existing approved capital funds.
2. To pre-approve the expansion joint replacement ($105,000) for 2015 - to solidify the
contractual arrangement with Alternative Concrete Technologies Ltd.
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12.4
PRO Kids Committee - Terms of Reference - Amendment
On motion of Councillor Reardon
manager in the submitted report M&C 2014-200: P.R.O. Kids Committee – Terms of
Reference – Amendment, Common Council approve the amended "P.R.O. Kids
Committee - Terms of Reference" attached as Schedule "A.
11.
11.1
Energy East Pipeline (Mayor Norton)
Seconded by Councillor Norton
RESOLVED that,
WHEREAS Council of the City of Saint John consider the TransCanada Energy East
Pipeline project to be of the utmost importance to the Saint John Area by providing the
area with the possibilities of economic and community development;
WHEREAS Council of the City of Saint John feel that it is in the best interest of the
citizens of Saint John to endorse said project;
WHEREAS Safety and the environment are of utmost importance to Council and the
City of Saint John
BE IT RESOLVED that the City of Saint John support the TransCanada Energy East
Pipeline project.
AND BE IT FURTHER RESOLVED that the City of Saint John work with TransCanada
and the regulator to ensure that the pipeline is safely constructed in such a way as to
protect the environment.
RESOLVED that Council advise the surrounding
municipalities, Cities of New Brunswick, the Provincial Government and the Federal
Government of the City of Saint John’s support for the TransCanada Energy East
Pipeline project.
RESOLVED that Council direct staff to provide
advice on what role Council should play as an intervener in the upcoming National
Utilities Board meetings.
11.2
Saint John Go Bike Project (Councillor Norton)
On motion of Councillor Norton
RESOLVED that the Saint John Go Bike Project be
referred to the Common Clerk for scheduling of the Saint John Go Bike Project
Presentation.
17
Question being taken, the motion was carried with Deputy Mayor Rinehart
and Councillors Mackenzie and Reardon voting nay.
11.3
City of Saint John Sunshine List (Councillor Norton)
Responding to questions, the City Solicitor advised Council that the provincial Right to
Information and Protection of Privacy Act (RTIPPA) does not allow a municipality to post
precise salaries of employees but a salary range is perfectly acceptable and that there
are certain other dimensions of compensation or remuneration that are able to be
disclosed under RTIPPA.
The City Manager stated that staff are currently working on an Open Data Policy to
provide more transparency and that many documents such as collective agreements,
reports, minutes, etc… are available from the Common Clerk’s office. He said that the
Open Data Policy will allow all of these types of documents to be placed in one location
on the City’s website for easy access to the public.
RESOLVED that Council adopt the following
recommendations:
(1.) Whereas listing exact salary by name is not allowable under current RTIPPA
Legislation then the direction adopted would be a duplicate model that is currently
disclosed by the Province of New Brunswick by which employee names and a
corresponding salary range are reported including regular earnings, overtime, personal
service contracts, and any other employee remuneration in lieu of exact salary amounts.
The following hyperlink provides a current example of the before mentioned:
http://www2.gnb.ca/content/dam/gnb/Departments/fin/pdf/OC/PA13Emp.pdf
(2.) Request the Common Clerk send a copy of this resolution to all of the ABCs urging
them to adopt a likeminded policy. {It should be noted that police services throughout the
province of Ontario and elsewhere (e.g. Alberta) do not hold this information under
embargo as per the Public Sector Disclosure Act, 1996.}
11.4
City of Saint John Collective Agreements (Councillor Norton)
RESOLVED that Council:
(1.) Request the City Manager investigate possible solutions to how Collective
Agreements settled with the City of Saint John can be made more accessible to the
public.
(2.) Request the City Manager investigate possible solutions to how Collective
Agreements settled with any ABCs that receive funding from the City can be made more
accessible to the public.
12.
12.1
Guidelines for Common Council Referrals
The City Manager commented that there is quite a backlog of referrals from Council and
that this report is intended to give some guidelines to make the process more efficient
and referrals more precise. He stated that it would be like a triage system that would
allow the most time sensitive and important referrals to be dealt with in an orderly
fashion.
Council expressed the desire that the next step would be to have another meeting in the
new year to discuss the outstanding referrals.
18
RESOLVED that as recommendd by the City
Manager in the submitted report, Guidelines for Common Council Referrals, Common
Council adopts the following process:
1. Council Members are encouraged to connect with the City Manager prior to bringing a
matter to a Council meeting;
2. City Manager be directed to use his/her discretion in supporting Council Members with
pre-referral research;
3. Common Council approve the Resource Implications Questionnaire and
approve the guidelines associated with its use;
4. Council Members formulate referral motions with the following
considerations:
(a) Refer only to the City Manager and refrain from referring to other Staff, ABCs and/or
initiatives, unless otherwise required;
(b) Refer without indicating timelines, unless the matter is truly pressing;
(c) Council Members should define the nature of the referral follow up, including verbal
report, written report, Resource Implications Questionnaire or refer to existing initiative
within the motion.
5. City Manager use the following types of delegation when processing the actionable
items inventory:
(a) Referral to the City Manager with written report back;
(b) Referral to the City Manager verbal update;
(c) Referral to an existing initiative;
(d) Referral to Resource Implications Questionnaire;
6. The Common Clerk ensure that the City Manager or a designate has the opportunity
to deliver verbal updates in both Committee of the Whole and Open Session;
7. The Common Clerk periodically update the actionable items inventory, and ensure it is
available to Common Council to review and monitor through Laserfiche;
8. The City Manager review the existing list of actionable items inventory with newly
elected Members of Council after they have established their Council Priorities;
9. The City Manager includes referrals that require a more substantive workload into
annual work plans and the City's Service Based Budget.
Question being taken, the motion was carried with Councillor Farren
voting nay.
12.2
Funding Flemming Court Park
Mr. Kevin Watson advised that once this playground is completed then the other 2
playgrounds in the area will be closed. Responding to questions, he also stated that one
of the parcels of land could be used for residential purposes in the future.
Manager in the submitted report M&C 2014-205: Funding Flemming Court Park,
Common Council approve a total of $50,500 as follows;
a. $30,000 to support the Flemming Court Park, Phase 2; and,
b. $20,500 advance funds to enable the Crescent Valley Resource Centre to purchase
the playground structures in 2014 which will be subsequently reimbursed to the City of
Saint John upon the release of funding by the Regional Development Corporation.
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12.3 Engagement of Planning and Engineering Consultant: Transportation
Strategic Plan - Phase 1
Manager in the submitted report M&C 2014-201: Engagement of Planning and
Engineering Consultant: Transportation Strategic Plan – Phase 1, that the proposal from
IBI Group for planning and engineering consulting services for the City of Saint John
Transportation Strategic Plan (MoveSJ) (the "Project"), be accepted as follows:
a) Phase 1 of the project is to be completed by IBI Group, at a cost of $201,104.00, all
applicable taxes included;
b) That the Mayor and Common Clerk be authorized to execute the Consulting
Engineering Agreement.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
13.
Committee Reports
13.1
Saint John Police Force – Public Opinion Survey
RESOLVED that the Saint John Police Force –
Public Opinion Survey be received for information and a letter of thanks be sent.
14.
15.
16.
Supplemental Agenda
16.1
Future Greater Saint John Letter re: True Growth 2.0
RESOLVED that Council support the unification of
the economic development agencies and give direction to the City Manager to arrange
meetings between the Mayor and stakeholders.
16.2
ZoneSJ Draft ByLaw (Verbal)
RESOLVED that the ZoneSJ draft ByLaw be added
to the agenda of the next meeting where a full quorum of Council is in attendance.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
17.
17.1
Committee of the Whole: Distraint for Rent
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RESOLVED that the recommendation made by the
Committee of the Whole, at a meeting held on November 24, 2014, respecting distraint
for arrears in rent of City owned property, be adopted.
17.2
Committee of the Whole: Field House at Exhibition Park
RESOLVED that as recommended by the
Committee of the Whole, having met on November 24, 2014, Common Council approve
the request to finance $10,000 for the Field House site plan initiative.
Question being taken, the motion was carried with Councillors Fullerton
and McAlary voting nay.
18.
Adjournment
Mayor / maire
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24
Saint John Police Force
Presentation to Council
December 1, 2014
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Key Topics
 Our Priorities
 Clarifying our Constraints/Exploring the
Opportunities
 Our Commitment to the Citizens of Saint
John
 Moving Forward through Collaboration
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Our Priorities
 In the Fall of 2012, the Commission gathered to align
on our Priorities and discussed how to measure them:
Priority
Indicator
How are we doing?
1. Citizens are safe
Crime Rates
Significant reduction in all major crime
types since 2009
2. Citizens feel safe
Citizen Satisfaction
Survey
Significant improvement since 2010
(Report submitted to Council Nov 24)
3. Police Force is
Efficient
Delivering above
results within allocated
budget
Reduced staffing levels over 5 years;
Collective Agreement payout in 2013;
overruns in OT due to reduced
staffing levels and 2 major
investigations (increased investigation
time and increased court time)
27
Our Constraints and Opportunities
for Increased Efficiencies
Collective
Agreement Clauses
Impact to Staffing/Budget
What CAN we investigate further?
No layoff clause in
place
Unable to layoff any current
unionized members (Constable
to Sergeant)
Review options to align multiple
departments to streamline
management responsibilities; review
staffing models to ensure shift/day staff
are allocated efficiently
Minimum manpower
clause for Patrol
shifts
Constable staffing levels already
at minimum to support minimum
manpower requirements
Review possibility of realigning
resources over time through attrition
and civilianization, and still maintain
minimum manpower requirements
Negotiated wage
increase in January
2015
Requirement to pay increased
rate on scheduled time AND
overtime
Review staffing model and policies on
OT to stay within expected OT budget
Employee-initiated
Career Development
Fund ends on Dec
31, 2014
We will realize savings of $100125k annually with this
negotiated change in the2820132015 Collective Agreement.
Significantly increased flexibility and
influence over training spend starting in
2015
What We’ve Heard – Your
Concerns
 Citizens want transparency: Committed to adopting our own “Sunshine
List”; details to be discussed at our next Commission Meeting on December 2
 Citizens want efficiency: There are already a number of initiatives
underway to reduce our 2014 deficit and reduce the “ask” for the 2015 Budget,
including:
 Committed to continuing to provide revenue-generating opportunities for the City
(approx. $1M/year) and investigate additional opportunities
 Management instituted a spending freeze starting in August 2014 to reduce the
projected $500k deficit for 2014, including non-essential training and travel; the
Board will receive more information on these numbers in upcoming meetings
 Improve our OT spending: Report due from Chief on Dec 2 meeting outlining 4
year trending details to look for efficiency opportunities going forward
 Citizens want safety and security: Committed to continuing to improve
crime rates/citizen satisfaction as we increase focus on driving efficiency
29
Moving Forward - Collaboratively
 We would like to work with the City to develop multi-year
Service Level Agreements and regular review process to
ensure ongoing alignment
 We are committed to working with the new Police
Association executive to look for innovative solutions to the
growing national issue of rising police costs
 We want to reassure both Council and the citizens of
Saint John that the Board and the SJPF management
team is committed to continuing to deliver a high
quality, effective, and efficient service that is affordable
30
November 26, 2014
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: CNIB Free Transportation
Background
I personally have always been concerned that one of most oldest and valued commissions moved
forward in this direction, although I believe that the Commissioners of Saint John Transit felt that
they were doing what was the most fair for all disabled organizations, it is most difficult to remove a
long standing service without having an alternative measure put in place. This action has caused
undue hardship and distress to the members of the visually impaired in our community. It eliminates
one of their most valued pleasures.
I also understand that some will say that we are inferring with the decisions that are made by the
Saint John Transit Commission, however sometimes decisions are made that are found over time
not to be in the best interest of our city as a whole and we should always to be able to work together
enough to improve upon our decisions and to accept input from others if it provides for a better
quality of life for our citizens in our city.
We the city, Transit Commission and the visually impaired now find ourselves in human rights and
legal issues that although may only be of a small degree at this point in time can evolve into huge
issues in a very short time span for the city and transit, which to me will become very costly and ugly
and unnecessarily spending of taxpayer’s monies. Please I plead with all of you to remove this
situation so our visually impaired can move forward as proud citizens of our great city.
Motion:
That the Common Council of the City of Saint John request the Saint John Transit Commission to
rescind a motion that they adopted earlier this year on February 21st, 2014, to revoke free transit
passes from the visually impaired for travel on the transit system and that in doing so, that starting
immediately citizens who are visually impaired be allowed to travel free on our transit system.
Respectfully Submitted,
(Received via email)
Shirley McAlary
Councillor at Large
City of Saint John
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decision - City of Saint John

Transcription

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