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1990-01-08_Minutes 82-152 COMMON COUNCIL JANUARY 8, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of January, AD. 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; 1. Totten, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; D. Sherwood, Chief of Police; B. Thompson, Deputy Chief of Police; G. Tait, Deputy Fire Chief; J. Johnson, Building Inspector; and Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that minutes of the meeting of the Common Council, held on Tuesday, January 2, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor referred to a letter from The Association of Kin Clubs (copies of which were forwarded to Council members as an information item) and asked Council's permission to place a message of support in the Association's national publication, KIN Magazine, acknowledging the valuable service work performed by Kinsmen and Kinettes who are celebrating the 70th anniversary of the founding of the Association on February 20, 1990. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that Council approve the placement of an ad in the National KIN Magazine. Question being taken, the motion was carried. Her Worship the Mayor proclaimed the month of January 1990 to be Alzheimer Awareness Month in the City of Saint John and urged all citizens to support the work of the Saint John Alzheimer Society Inc. in its efforts to promote public awareness and search for the cause and cure of this disease; and commented on information she received from Transport 2000 of Nova Scotia regarding the possibility that the Federal Government did not have the right to remove the Moncton-to- Edmundston VIA Rail run during the VIA Rail cutback and on a subsequent meeting of the Mayors of the Cities of New Brunswick with the Minister of Transportation and the Deputy Premier of New Brunswick concerning a review of this information by the Department of Justice, and advised that Council will be kept informed on the legality of an injunction against the Federal Government in this regard. The Mayor commended those involved in the January 5 Christmas tree recycling project at McAllister Mall; and Councillor M. Vincent extended congratulations to Mr. Mark Lackie who finished second overall in the open class and senior men's division at the Eastern Canadian Indoor Speedskating Championships in Fredericton on January 6-7 and commented on the establishment of The Mark Lackie Trust Fund to allow Mr. Lackie to train and compete 82-153 COMMON COUNCIL JANUARY 8, 1990 in an international forum so that he will be better prepared to represent both Saint John and Canada in the 1992 Olympics to be held in France; and also commented on the plans for the January 13 New Brunswick Outdoor Speedskating Championship and the Charles I. Gorman Memorial re-enactment to be held at Lily Lake. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the City Manager's reports (copies of which were forwarded to Council members as information items) concerning expenditures of the Police Department, and the City's population, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager submitting a copy of a November 1989 Heritage Canada publication which features several articles of pertinence to Saint John, in particular, relating to incentives to assist preservation; noting that Council has under consideration for capital budget funding a proposal from the Preservation Review Board for a program focused on the rehabilitation and re-use of the upper floors of older buildings and that, during the early part of 1990, a study is proposed to define the criteria and other details of the program and, upon approval by Council, the program could proceed during the main building period; and concluding that the Preservation Review Board has proposed that $100,000 be allocated in the 1990 capital budget for the grant program for renovation of upper floors -- be received and referred for capital budget consideration. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager submitting the following financial information, which was requested during consideration of the 1990 operating budget, relating to the Saint John Police Department: (1) 1989 budget for legal fees - $45,000; (2) an itemized list of 1989 expenditures for legal services totalling $54,046.97; and (3) 1990 budget for legal fees - $45,000 -- be received and filed and a further report be submitted to Council at its next meeting with respect to the cost of arbitrations and negotiations. Chief Sherwood explained that the Petrie & Richmond expenditures of $43,159.59 cover all work done for the Police Force as well as any issues on which the City Solicitor may have requested clarification or an opinion, and that he scrutinizes and approves for payment accounts to a value of less than $5,000, with accounts over $5,000 scrutinized by him and recommended for payment to the Saint John Board of Police Commissioners; and also explained that the Giberson account of $2,344.57 represents his services to date as the City's nominee in several arbitrations, while the Central Labour Relations arbitration amount of $4,042.75 represents the City's portion of arbitration hearings. Councillor A. Vincent re-iterated his request for a complete breakdown of costs related to Police arbitrations, including the City's 50 per cent cost of chairmen's fees; and Councillor M. Vincent asked for a breakdown of the costs indicated for negotiations and arbitrations. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager confirming that, as indicated on the FCM invoice for the City's membership fee approved for payment on January 2, the official population figure for the City of Saint John is 76,381 as per the 1986 census -- be received and filed. 82-154 COMMON COUNCIL JANUARY 8, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the following resolutions be submitted to the Winter General Meeting of the Cities of New Brunswick Association to be held in Campbellton on January 20: (1) WHEREAS municipalities in the Province of New Brunswick rely on property assessments for a major portion of their operating revenue; and WHEREAS municipalities are not directly involved in the property assessment process; and WHEREAS municipalities may, from time to time, undertake initiatives in an attempt to increase property assessments; and WHEREAS municipalities require meaningful and timely information on property assessment trends within their jurisdiction: THEREFORE BE IT RESOLVED that the Province of New Brunswick be requested to provide, on an annual basis, information on property assessments by neighbourhood on a comparative basis: AND FURTHER BE IT RESOLVED that the information report assessment increases by neighbourhood between new construction and re-assessment: AND FURTHER BE IT RESOLVED that this information be provided for 1987, 1988, 1989 and 1990, as quickly as possible. (2) WHEREAS all levels of government are concerned that all citizens are able to live in housing units that comply with Provincial and municipal minimum standards; and WHEREAS the Provincial Departments of Health and Community Services, and Income Assistance are involved in the delivery of housing to needy New Brunswickers; and WHEREAS those in need are often forced to occupy substandard housing because of lack of resources; and WHEREAS the Province has the opportunity by taking action such that its clients are enabled to have access to accommodations that meet the appropriate standards; and WHEREAS the adoption of such a policy by the Province should effect the upgrading of sub-standard properties and be of benefit to those in need and to the larger community: THEREFORE BE IT RESOLVED that the Province take the necessary steps to ensure that all New Brunswickers are able to live in housing units that comply with Provincial and municipal regulations. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Parking Meter By-Law amendment regarding usage of the one-dollar coin, which was given first and second readings on December 18, 1989. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee for The Use 82-155 COMMON COUNCIL JANUARY 8, 1990 Or Occupation Of The Same By Means Of Mechanical Appliances", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, ""A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee for The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Councillor Flewwelling asked that the Parking Meter By-Law be reviewed to ensure that free parking at meters is still in place, upon enactment of the above amendment, on Sundays, holidays and other times currently exempt. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the matter of exemptions under the Parking Meter By-Law for Sundays and holidays be referred to the City Solicitor for review and a report to Council. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with regard to parking on Charlotte Street, which was given first and second readings on January 2. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Charlotte Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law 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. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with regard to parking on Northumberland Avenue, which was given first and second readings on January 2. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Northumberland Avenue, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law 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. Mr. Armstrong, in response to Councillor M. Vincent, explained that the parking restriction would ban parking on the side of Northumberland Avenue opposite the sidewalk for the reason that, with parking banned adjacent to the two court entrances to the Street, it provides for a safer site distance for vehicles attempting to 82-156 COMMON COUNCIL JANUARY 8, 1990 enter or exit the courts. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-192 A Law To Amend the Zoning By-Law Of The City Of Saint John", by deleting from Section 840(1) the words "and without a permit from the Building Inspector therefor.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-192 A Law To Amend the Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 101-10 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", by (1) adding to Section 2.1.(a) the words "including a sign" after the words "building or structure"; and (2) deleting Section 2.4.10) and replacing it with the following: "2.4.1.0) signs exempted by Section 840(11) of the Zoning By-Law.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-10 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on December 18, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, Mr. Frank Hogan be appointed to the Board of Directors of the Aitken Bicentennial Exhibition Centre Inc., to fill a vacancy due to the resignation of Carol Ann Nicholson. January 8, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole 82-157 COMMON COUNCIL JANUARY 8, 1990 (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Tuesday, January 2, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant of $1,500.00 be approved for The Saint John Symphony. 2. That as recommended by the City Manager, Council authorize the extension of the settlement date on the Refinancing Agreement for Market Square Hotel Limited to June 29, 1990, and the Mayor and Common Clerk be authorized to execute the necessary agreements. January 8, 1990 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Councillors Rogers spoke in opposition to the above grant approval on the basis of the precedent which such action could set should other groups whose grants were reduced in 1990 also request reconsideration, and also that it is the policy to phase out grants over five years to organizations for which the City grant is less than ten per cent of their operating budgets; and Councillor Landers asked why, when Council had good reason to reduce the Symphony's grant, Council should now change its decision. Question being taken, the motion was carried with Councillors Landers and Rogers voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Preservation Review Board submitting a copy of its letter (copies of which were forwarded to Council members as an information item on December 11, 1989) concerning the property at 1260 Manawagonish Road, and a report recommending to Common Council that (1) the process of designation of the historic Quinton farmhouse at 1260 Manawagonish Road under the Municipal Heritage Preservation Act be initiated; and (2) Common Council designate the historic Quinton farmhouse at 1260 Manawagonish Road based on the stated architectural and historical reasons; advising that discussions have taken place with Mr. Manford Thompson, the new owner and developer of the property; and requesting an opportunity to present the subject to the public meeting required by the Act and receive questions and comments. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the Common Clerk be 82-158 COMMON COUNCIL JANUARY 8, 1990 authorized to take the necessary steps to effect an amendment to the Heritage Preservation By-Law making the Quinton farmhouse at 1260 Manawagonish Road a preservation area, with the public hearing to be held on February 12, 1990. Discussion was with respect to the concern that the designation of the above building could result in it not being maintained and utilized, such as in the case of the Chipman Hill properties; and Mr. Bedford explained the process involved in consideration of the designation and advised that City staff has been working with Mr. Manford Thompson, the property owner, who is fully prepared to proceed accordingly and, in fact, has submitted to the Planning Department, revised plans of his proposed development to integrate the building into the development initially proposed, and also commented on the process involved in removing a heritage building. Councillor A. Vincent suggested that the proposed action constitutes expropriation without compensation and expressed opposition to the random selection of properties for designation in this manner. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Titus Bake Shop at 15 Prince Edward Street advising of considerable water damage to the Shop on New Year's Day, January 1, 1990; and requesting that snow be removed from the island across from the Shop and the surrounding Union and Waterloo Streets area -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. George Robertson suggesting that, for the 1990 Participaction Challenge, the City supply garbage bags and cotton gloves so that everyone can go out and pick litter from all around the City -- be referred to the Participaction Committee and the "Keep America Beautiful" campaign. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Central Business Development Corporation submitting a copy of a letter it recently forwarded to the businesses in uptown Saint John requesting them to clear the ice and snow from the sidewalks adjacent to their premises and that this will be supplemented by a public awareness campaign later this year if a positive response is received from the members --be received and filed and the Corporation be commended for its initiative in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Atlantic Vice President of the Canadian Citizenship Federation advising that 1990 marks the 25th anniversary of the acceptance of the Canadian Flag and that the Canadian Citizenship Council is endeavouring to encourage every household in Canada to have a Canadian Flag; making the observation that the Canadian Flag, for some reason, has not been flying for the past six weeks at Fort Howe; and asking Council to take steps to ensure that the citizens will continue to be able to see the Canadian flag flying on this most visible site of the City -- be received and filed. 82-159 COMMON COUNCIL JANUARY 8, 1990 Mr. Taylor advised that the flag pole in question is being repaired and will be back in place within a week to ten days. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Councillor A. Vincent expressed concern about the possible relocation of Social Services from the former Provincial Laboratory building to Rothesay Avenue on the basis that persons utilizing such services may find it difficult to access. Question being taken, the motion was carried. Common Clerk