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