November 12, 2013

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MINUTES OF A REGULAR MEETING OF FREDERICTON CITY COUNCIL
TUESDAY, NOVEMBER 12, 2013
Minutes of the Regular Meeting of Fredericton City Council held on
Tuesday, November 12, 2013, at 7:30 p.m. in the Council Chamber,
City Hall, Fredericton.
Attendance
ATTENDANCE
Council:
Deputy Mayor Stephen Chase, Councillors Greg Ericson, Bruce
Grandy, John MacDermid, Dan Keenan, Eric Megarity, David Kelly,
Marilyn Kerton, Scott McConaghy, and Kate Rogers.
Staff:
Chris MacPherson, Chief Administrative Officer
Brenda L. Knight, City Clerk/Manager, Legislated Services
Michelle Brzak, City Solicitor
Chantal Gauthier, Staff Solicitor
Ken Forrest, Director, Growth & Community Services
Tina Tapley, Director, Finance & Administration/City Treasurer
Paul Fleming, Fire Chief
Leanne Fitch, Police Chief
Marcello Battilana, Manager, Community Planning
Michael Baldwin, Manager, Information Services
Sean Lee, Manager, Engineering Services
Brad Cameron, Assistant Director, Public Safety
David Seabrook, Assistant Director, Growth & Community Services
Brent Blackmore, Senior Advisor to the CAO
Amy Cronkhite, Recording Secretary
Absent:
Mayor Brad Woodside
Councillor Mike O’Brien
Councillor Steven Hicks
Approval of Minutes
APPROVAL OF MINUTES
Moved by Councillor Marilyn Kerton, seconded by Councillor
David Kelly THAT the Minutes of the Regular City Council
meetings of Monday, September 9th, 2013 and Monday, September
23rd, 2013, be approved as circulated.
CARRIED UNANIMOUSLY
Regular City Council Meeting – Tuesday, November 12, 2013
page 2
Moved by Councillor Greg Ericson, seconded by Councillor David
Kelly THAT the Minutes of the Special City Council meeting of
Monday, September 30th, 2013 be approved as circulated.
CARRIED UNANIMOUSLY
PRAYER
Prayer
Rev. Matthew Maxwell was present and led Council in prayer.
OATH OF OFFICE – COUNCILLOR JOHN MACDERMID
Oath of Office – Councillor
John MacDermid
The City Clerk, Brenda L. Knight, administered the Oath of Office to
Councillor-elect John MacDermid.
Deputy Mayor Stephen Chase and members of Council offered
congratulations to Councillor John MacDermid.
by
Tony
PRESENTATION BY TONY WHALEN PROMOTING THE Presentation
Whalen promoting the Film
FILM “ALL THE WRONG REASONS”
“All the Wrong Reasons”
Former Fredericton City Councillor Tony Whalen announced that the
film “ALL THE WRONG REASONS” is set to open theatrically at
Cineplex Cinemas Fredericton on Friday, November 15th, 2013, and
will run for one week.
Mr. Whalen advised that the film was shot in Halifax and was written
and directed by his wife, Gia Milani. The film features Cory Monteith,
Karine Vanasse , Kevin Zegers and Emily Hampshire and was
produced by Strong Arm Pictures & Shore Road Pictures based in
Fredericton, NB and Buffalo Gal Pictures based in Winnipeg MB.
“ALL THE WRONG REASONS” follows four co-workers at a big box
department store who are all struggling to connect and come to terms
with their lives.
The script received two major awards prior to going to camera,
including the Script Accessible Award at the Slamdance film festival
in 2010, and the Final Draft Big Break Competition.
Mr. Whalen advised that he is very proud of the film and excited to
show it in front of his home town crowd in the local theatre.
Regular City Council Meeting – Tuesday, November 12, 2013
PROCLAMATIONS
page 3
Proclamations
Deputy Mayor Stephen Chase read the following proclamations:
PHILANTHROPY APPRECIATION DAY
WHEREAS:
On October 27, 2009, the Minister of Canadian
Heritage officially declared November 15th as
National Philanthropy Day in Canada; and,
WHEREAS:
National Philanthropy Day is celebrated around the
world as a day to recognize the work of charities
and remember the extraordinary achievements that
philanthropic giving, volunteering and social
engagement has made in all aspects of life; and,
WHEREAS:
National Philanthropy Day is an opportunity to
recognize those who are actively making our
community a better place to live, work and play,
and an ideal way to say thanks to donors and
volunteers; and,
WHEREAS:
The citizens of Fredericton are known for their
generous spirit and financial support in addressing a
broad spectrum of community needs and interests;
and,
WHEREAS:
The Fredericton Community Foundation has a 56
year history of supporting local charities in
enhancing and strengthening the quality of life of all
citizens in the greater Fredericton region.
THEREFORE:
I, Brad Woodside, Mayor of the City of Fredericton,
do hereby proclaim the 15th day of November, 2013
as Philanthropy Appreciation Day in the City of
Fredericton, and pay tribute to the generous citizens
of Fredericton. I recognize the leadership role the
Fredericton Community Foundation has played in
shining a light on philanthropy in action locally.
Finally, I urge everyone to become the
philanthropist we all have the ability to be, by
giving of your time, talent or treasure.
Philanthrophy Appreciation
Day Proclamation
Regular City Council Meeting – Tuesday, November 12, 2013
page 4
YMCA World Peace Week
Proclamation
YMCA WORLD PEACE WEEK
WHEREAS:
The responsibility for peace begins with each
person; and
WHEREAS:
The responsibility extends to our relationship with
family and friends, community and national
activities; and
WHEREAS:
For 155 years the YMCA of Fredericton has
worked for peace internationally, at home and
within its diverse communities; and funded the
Peace Medallion Award; and
WHEREAS:
YMCAs around the world will join to
commemorate YMCA World Peace Week together
from November 16 to 23, 2013; and
WHEREAS:
This is an important event that contributes to our
citizens’ awareness of their role in creating a
peaceful world; and this year YMCA Peace Week
asks people to Join the Peace Movement. Think it,
Say it, Do it!
THEREFORE
I, Brad Woodside, Mayor of the City of Fredericton
hereby proclaim the week of November 16 to 23,
2013 as “YMCA WORLD PEACE WEEK”.
KELLER WILLIAMS REALTY FOOD DRIVE
A request was received from Sandra Comeau, from Keller Williams
Realty Fredericton, to canvass door to door in the Crocket Street area of
Marysville for non-perishable food items and toiletries for the
Fredericton Food Bank on Thursday, December 12th, 2013.
Moved by Councillor Marilyn Kerton, seconded by Councillor
John MacDermid THAT City Council adopt the following
resolution:
BE IT RESOLVED that permission be granted to Keller Williams
Fredericton to conduct a door to door food drive in support of the
Fredericton Food Bank in the City of Fredericton on Thursday,
December 12, 2013 from 6:00 p.m. to 8:00 p.m.
CARRIED UNANIMOUSLY
Keller Williams Realty Food
Drive
Regular City Council Meeting – Tuesday, November 12, 2013
REPORTS OF COUNCIL-IN-COMMITTEE
page 5
Reports of Council-inCommittee
The following reports of Council-in-Committee were presented:
REQUEST FOR PROPOSAL #P13-44 – SNOW REMOVAL, Request for Proposal #P13SALT AND SANDING, AND SPRING CLEAN UP FOR 44 – awarded to Admiral
Building Maintenance, CVARIOUS CITY OF FREDERICTON LOCATIONS
Mac Property Services,
Moved by Councillor Eric Megarity, seconded by Councillor Bruce C.W. Guthrie & Son Ltd.,
Earthworks Garden Design,
Grandy THAT City Council adopt the following resolution:
Garden’s Edge Landscaping,
BE IT RESOLVED that the Council of the City of Fredericton ME Wilson Contraction
awards Request for Proposal #P13-44 – Snow Removal, Salt and Ltd., Lawn Care ExtraSanding, and Spring Clean Up for Various City of Fredericton Ordinaire Inc. (Nutri-Lawn),
Locations to each of the highest scored and lowest cost bidders for Roherty Property Care Inc.
four annual segments (1st Segment - November 15, 2013 to April and Waybren Enterprises
15, 2014; 2nd Segment - November 15, 2014 to April 15, 2015; 3rd Limited
Segment - November 15, 2015 to April 15, 2016; and 4th Segment November 15, 2016 to April 15, 2017) as follows:
Admiral Building Maintenance
Brunswick Street Parking Garage and Lot - $51,980.00
Officers’ Square Parking Lot - $15,820.00
Fredericton Public Library - $15,820.00
Police Station - $61,020.00
Frederick Square Parking Lot - $51,980.00
Kimble Road Fire Station - $21,696.00
C-Mac Property Services
Tourism Entrance - $2,794.45
York Street Carpark - $36,793.59
Upper Queen Parking Lot - $23,287.26
Tannery Parking Lot - $19,621.66
Northside Fire Station - $28,876.01
1570 St. Mary’s Street - $4,191.69
York Street Fire Station - $26,081.57
C.W. Guthrie & Son Ltd
Parking Lot (Asian Noodle) - $7,037.64
East End Parking Garage - $45,987.23
Sutton House - $7,037.64
Campbell Court Parking Lot - $7,037.64
Regular City Council Meeting – Tuesday, November 12, 2013
Earthworks Garden Design
Garrison Washrooms - $4,611.08
Queen Street Parking Lot - $10,552.98
York Arena - $18,444.30
150 and 300 Urquhart - $13,833.23
369 Lincoln Road - $8,299.94
Lady Beaverbrook Rink - $18,443.60
Garden’s Edge Landscaping
505 Union Street Parking Lot - $6,327.00
ME Wilson Contraction Ltd
Nashwaaksis Middle School - $61,200.00
Lawn Care Extra-Ordinaire Inc. (Nutri-Lawn)
Northside NAT Office - $9,175.60
Royal Road Fire Station - $9,115.94
Roherty Property Care Inc.
City Hall Concourse - $38,400.00
Waybren Enterprises Limited
Willie O’Ree Place - $79,996.00
Grant•Harvey Centre - $95,600.00
All prices are for four (4) years and include HST.
AND BE IT FURTHER RESOLVED that the Mayor and City
Clerk are authorized to execute the necessary legal documents as
required to facilitate this transaction.
On the Question:
Councillor Bruce Grandy commented that the City has undertaken
many different processes to find efficiencies and savings within the
organization and he wanted to give a shout-out to Bob Cormier,
Manager of Purchasing, who looked into the tender process. Councillor
Grandy indicated that this year’s tendering process for snow removal,
salting and sanding, etc. saved the City over $68,000.00 from last
year’s tender price. Mr. Cormier came up with the idea to modify the
tender specifications in an effort to obtain more bidders.
The original motion was then put to vote and declared CARRIED
UNANIMOUSLY.
page 6
Regular City Council Meeting – Tuesday, November 12, 2013
page 7
PROPOSED RELEASE OF EASEMENT – 2 TOWNVIEW LANE Proposed Release of
Easement – 2 Townview
(WARD 4)
Lane
Moved by Councillor Dan Keenan, seconded by Councillor David
Kelly THAT City Council adopt the following resolution:
BE IT RESOLVED that the Council of the City of Fredericton
authorizes the release of the existing ±6.096 metre wide Services
Easement at 2 Townview Lane, known as PID 01433242; in
consideration the property owner, Lawrence Henry Durling, shall
grant to the City of Fredericton a new ±10.00 metre wide Municipal
Services Easement centred on the new sanitary sewer trunk; in
addition, the City shall receive an indemnity agreement that will
permit the property owner to install and maintain a storm water
outfall over new ±10.00 metre wide Municipal Services Easement,
subject to applicable taxes, adjustments, and conditions; and that
the Mayor and City Clerk are authorized to execute all necessary
legal documents to facilitate this transaction.
CARRIED UNANIMOUSLY
AMENDMENT TO BY-LAW NO. A-13, A BY-LAW TO Amendment To By-Law No.
CONTINUE THE SUPERANNUATION PLAN FOR CERTAIN A-13, A By-law to Continue
the Superannuation Plan for
EMPLOYEES OF THE CITY OF FREDERICTON
Certain Employees of the
City of Fredericton
Moved by Councillor Kate Rogers, seconded by Councillor David
Kelly THAT City Council adopt the following resolution:
BE IT RESOLVED that the Council of the City of Fredericton
authorizes staff to prepare the appropriate by-law to amend By-law
No. A-13, A By-law to Continue the Superannuation Plan for Certain
Employees of the City of Fredericton in order to provide for the
Council appointment of one additional Councillor to the
Superannuation Board (for a total of 3 Councillors) and clarify the
longstanding Council appointment process.
CARRIED UNANIMOUSLY
TREASURER’S REPORT
Moved by Councillor Bruce Grandy, seconded by Councillor Greg
Ericson THAT City Council adopt the following resolution:
BE IT RESOLVED that expenditures for the month of October,
2013, pursuant to By-law
No. A-2, A By-law Respecting
Administration and the City Council, Paragraph 29.06, be
submitted for ratification in the amount of Ten Million, Two
Treasurer’s Report
Regular City Council Meeting – Tuesday, November 12, 2013
page 8
Hundred and Three Thousand, Four Hundred and Eight-eight
Dollars and Seventeen Cents. ($10,203,488.17).
CARRIED UNANIMOUSLY
TENDER # T13-47 – LONGWOOD RESERVOIR AND Tender # T13-47 Awarded
to Monteigh Underground
KILLARNEY RESERVOIR DEMOLITION
Services Ltd.
Moved by Councillor Bruce Grandy, seconded by Councillor Scott
McConaghy THAT City Council adopt the following resolution:
BE IT RESOLVED that the Council of the City of Fredericton
authorizes the award of Tender # T13-47 Longwood Reservoir and
Killarney Reservoir Demolition to Monteith Underground Services
Ltd., low bidder meeting specifications at the tendered price of
Sixty-Four Thousand, Nine Hundred and Seventy-Five Dollars
($64,975.00), HST Included; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized to execute the necessary legal documents to facilitate
this transaction.
CARRIED UNANIMOUSLY
3RD QUARTER 2013 DEPARTMENT OF PUBLIC SAFETY 3rd Quarter 2013 Department
of Public Safety Statistical
STATISTICAL REPORT
Report
Moved by Councillor Scott McConaghy, seconded by Councillor
Kate Rogers THAT the 3rd Quarter 2013 Statistical Report be
received and placed on file.
On the Question:
Police Chief Leanne Fitch provided highlights of the Statistical Report
and advised that overall the Fredericton Police Force is pleased with the
3rd quarter results. She indicated that typically the 3rd quarter statistics
show an increase; however, the 3rd quarter results for 2013 shows a
decrease in the number of categories when compared with the previous
year. Chief Fitch commented that she was disappointed to see accident
injuries up.
She indicated that officers will be paying particular
attention to traffic enforcement in the coming year to address the
increase.
Fire Chief Paul Fleming indicated that the calls for service remained
stable when compared to previous quarters. He indicated that fire
responses decreased slightly by 4% between quarters in 2013. Chief
Fleming commented that the Fredericton Fire Department conducted a
pilot project called Dump the Dorms with St. Thomas University which
Regular City Council Meeting – Tuesday, November 12, 2013
page 9
was deemed a success and the program is scheduled to run again next
year as it was a great safety initiative.
The original motion was then put to vote and declared CARRIED
UNANIMOUSLY.
Due to being absent from the City Council Meeting held on October 28,
2013, when Hearing of Objections took place, Councillor Dan Keenan
and Councillor John MacDermid excused themselves and retired from
the meeting at 8:06 p.m.
ZONING AMENDMENT – 285 CARRIAGE HILL ROAD (660439 Adoption of Terms and
Conditions – Zoning
NB LTD.)
Amendment – 285 Carriage
Hill Road (660439 NB Ltd.)
Adoption of Terms and Conditions
Moved by Councillor Greg Ericson, seconded by Councillor
David Kelly THAT the following terms and conditions be
adopted pursuant to Section 39 of the Community Planning
Act in regard to an amendment to the Zoning By-law (Z-5) to
amend the Future Development Zone to permit a “dwelling unit –
farm help” within an existing barn at 285 Carriage Hill Road,
subject to the following terms and conditions:
a) The site be developed generally in accordance with Map
III attached to Planning Report 86/13 to the satisfaction
of the Development Officer.
b) No additions to the building be permitted to
accommodate the dwelling unit.
c) A Building Permit be obtained prior to construction of
the dwelling unit.
d) The number of dwelling units on the property be
limited to a maximum of one (1).
e) Approval be obtained from the NB Department of
Health ensuring that the existing well and septic can
adequately supply an additional dwelling unit prior to
the issuance of a Building Permit.
CARRIED UNANIMOUSLY
Third Reading of By-law No. Z-5.14
Moved by Councillor Greg Ericson, seconded by Councillor David By-law No. Z-5.14 Read by
Kelly THAT By-law No. Z-5.14, A By-law to Amend By-law No. Z- Section Number
5, A Zoning By-law for the City of Fredericton, be read by section
number pursuant to Sections 11.1 (1) and (2) of the Municipalities
Act.
Regular City Council Meeting – Tuesday, November 12, 2013
page 10
On the Question:
Councillor Marilyn Kerton commented that putting a residential unit
ontop of an existing barn so a caretaker can be at the facility at all times
is important, as well as a good idea. This will provide safety measures
for the animals in the event of a fire or incase an animal gets sick.
Councillor Kerton advised that for that reason, she would be supporting
the motion.
The original motion was then put to vote and declared CARRIED
UNANIMOUSLY.
By-law No. Z-5.14 was read by section number and is attached to these
Minutes as Appendix 1.
Moved by Councillor Greg Ericson, seconded by Councillor David By-law No. Z-5.14 Given
Kelly THAT By-law No. Z-5.14, A By-law to Amend By-law No. Z- Third Reading
5, A Zoning By-law for the City of Fredericton, be given third
reading by title.
CARRIED UNANIMOUSLY
ZONING AMENDMENT – 73-79 WOODMOUNT DRIVE Adoption of Terms and
Conditions – Zoning
(WILLIAM WHITE)
Amendment – 73-79
Woodmount Drive (William
Adoption of Terms and Conditions
White)
Moved by Councillor Greg Ericson, seconded by Councillor Scott
McConaghy THAT the following terms and conditions be adopted
pursuant to Section 39 of the Community Planning Act in regard to
an amendment to the Zoning By-law (Z-5) to permit a temporary
detached dwelling unit (Garden Suite) at 73 - 79 Woodmount
Drive, subject to the following terms and conditions:
a) Site to be developed substantially in accordance with
Maps III and IV attached to Planning Report 88/13 to the
satisfaction of the Development Officer.
b) A final landscaping plan be provided to the satisfaction
of the Development Officer prior to the issuance of a
building permit.
c) The property owner enter into and register, prior to the
issuance of a Building Permit, a Section 39 Development
Agreement with the Municipality to ensure the garden
suite will be removed by the Applicant when no longer
required.
d) Access, servicing and storm water management be
provided at the expense of the Applicant and to the
satisfaction of the Director of Engineering and
Regular City Council Meeting – Tuesday, November 12, 2013
page 11
Operations.
e) A Building Permit be obtained prior to installation of the
temporary garden suite.
f) Efforts be made to install the new sewer and water
infrastructure in a manner that does not require removal
of the tree if the tree is determined to be located within
the City right-of-way. If removal of the tree is required,
removal must be completed by the Parks & Trees Division
at the Applicant’s expense.
CARRIED UNANIMOUSLY
Third Reading of By-law No. Z-5.15
Moved by Councillor Greg Ericson, seconded by Councillor Scott By-law No. Z-5.15 Read by
McConaghy THAT By-law No. Z-5.15, A By-law to Amend By-law Section Number
No. Z-5, A Zoning By-law for the City of Fredericton, be read by
section number pursuant to Sections 11.1 (1) and (2) of the
Municipalities Act.
CARRIED UNANIMOUSLY
By-law No. Z-5.15 was read by section number and is attached to these
Minutes as Appendix 2.
Moved by Councillor Greg Ericson, seconded by Councillor Scott By-law No. Z-5.15 Given
McConaghy THAT By-law No. Z-5.15, A By-law to Amend By-law Third Reading
No. Z-5, A Zoning By-law for the City of Fredericton, be given
third reading by title.
CARRIED UNANIMOUSLY
Councillors Dan Keenan and John MacDermid returned to the
Council Chamber at 8:11 p.m.
MAYOR AND COUNCILLORS EXCUSED
Moved by Councillor Dan Keenan, seconded by Councillor Greg
Ericson THAT Mayor Brad Woodside, Councillor Mike O’Brien
and Councillor Steven Hicks be excused from the meeting and be
relieved of the penalty as provided by By-law No. A-2, A By-law
Respecting Administration and the City Council.
CARRIED UNANIMOUSLY
Councillors Excused
Regular City Council Meeting – Tuesday, November 12, 2013
COMMENTS BY COUNCILLOR MACDERMID
page 12
Comments by Councillor
MacDermid
Councillor MacDermid commented briefly about his campaigning
experience and advised that for the most part, the residents of ward 10
were pleased with the way the city is being run. Councillor
MacDermid thanked the residents of Ward 10 for their votes and
expressed appreciation to his wife and the people who helped him with
his campaigning efforts, for their support.
ADJOURNMENT
Moved by Councillor Kate Rogers, seconded by Councillor Marilyn
Kerton THAT the meeting adjourn. CARRIED UNANIMOUSLY
The meeting adjourned at 8:26 p.m.
(sgd.) Deputy Mayor Stephen Chase
__________________________
Stephen A. Chase,
Deputy Mayor
(sgd.) Brenda L. Knight
_________________________
Brenda L. Knight,
City Clerk
Adjournment
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