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1990-03-19_Minutes 82-275 COMMON COUNCIL MARCH 19, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of March, AD. 1990, at 4:00 o'clock p.m. present Arthur L. Gould, Esquire, Deputy 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; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; 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; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Father William Phillips of the Cathedral of The Immaculate Conception offered the opening prayer. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council held on March 12, 1990, be approved. Question being taken, the motion was carried. (Councillor M. Vincent entered the meeting.) Deputy Mayor Gould proclaimed March 21 to be International Day for the Elimination of Racial Discrimination, and the week of March 18 to 24 to be National Physiotherapy Week in the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a proposed schedule of Common Council meetings to the end of April 1990 as follows:- March 26 at 7 p.m.; April 2 at 4 p.m.; April 9 at 7 p.m.; April 23 at 7 p.m.; and April 30 at 4 p.m., with no meeting proposed for the week of April 16 -- be received and filed and accepted. Councillor Knibb asked if the Mayor will be away on the week of April 16, and Councillor Fitzpatrick suggested that Council could meet on Tuesday, April 17 in view of April 16 being Easter Monday and proposed that the matter be tabled for further discussion. Question being taken, the motion was carried with Councillors Fitzpatrick, Flewwelling and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for operating canteen concessions at Dominion Park and Shamrock Park be awarded to Fred Little Convenience at a fee of $300 plus 5% of gross sales each, and that the Mayor and Common Clerk be authorized to execute the necessary contracts. 82-276 COMMON COUNCIL MARCH 19, 1990 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from Mrs. G. Audrey McCartney regarding drainage in the area of 1221 Red Head Road be withdrawn from the agenda of this meeting and added to the Committee of the Whole agenda of this date. Deputy Mayor Gould noted that Mrs. McCartney requested in her letter that this matter be discussed in closed session. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a summary of tenders received for the City's annual requirements of traffic paint and glass beads, including the Province of New Brunswick's prices as the Province has advised that all municipalities in the Province have the opportunity to purchase from its contracts; also advising that, by taking advantage of the Provincial offer, the City's costs for the products is reduced by $11,526.60; and recommending purchase of the products at the prices supplied by the Province, the total value of the tender, based on acceptance of the Provincial suppliers (Laurentide for paint and J. W. Bird for glass beads), being $29,640.90. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the City's 1990 paint and glass bead requirements be purchased at the prices supplied by the Province of New Brunswick at a total cost of $29,640.90. Question being taken, the motion was carried. Read a report from the City Manager advising that both the 174 Carmarthen Street and 219 Princess Street housing projects, for which Council approved Housing Through Infill Development funding on October 3, 1988 and March 28, 1989, respectively, are completed and final assessments received and that, in each case, the available H.I.D. funding exceeds that originally approved by Council; submitting application summaries for each project; and recommending increases in the H.I.D. funding. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, (1) the level of Housing Through Infill Development funding approved on behalf of Mr. David Thompson for the project at 174 Carmarthen Street be increased from $35,700 to $40,800; and (2) the level of Housing Through Infill Development funding on behalf of Manford Thompson Construction Company Limited for the project at 219 Princess Street be increased from $30,285 to $34,560. Mr. Todd, in response to Council queries, explained that the reason for the majority of the difference in grant amounts is that the original grant is based on an estimated building permit value and does not include an allowance for land and the final grant is based on the Provincial assessment which includes the value of the land; and further that, while the original H.I.D. guidelines did not include the land when the initial calculation was carried out, this has been corrected for applications in 1989; and he advised that provision is made in the capital budget estimate to allow for such increases, and concurred that, in reviewing the program guidelines for a report to Council in the near future, a manner in which provision for normal assessment increases could be made so that the City would not be expected to provide increased H.I.D. funding could be considered. 82-277 COMMON COUNCIL MARCH 19, 1990 Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, further to Council's consideration on February 12 of the request of Metropolitan Toronto for support of a Federal Government apology to Italian Canadians, the resolution adopted by the Municipality of Metropolitan Toronto has a particular significance to that area which is home to more than 400,000 Canadians of Italian background; expressing the opinion that, as there are people of many diverse national backgrounds in Saint John, it would be inappropriate for Council to support the historical claims of one group alone, particularly where the issue is not the responsibility of municipal government; and recommending that the resolution of the Municipality of Metropolitan Toronto be received and filed -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the report from the City Manager advising that, with regard to the submitted letter and petition from Mr. William Reynolds requesting that the City snowplow the road known as Lime Kiln Road in Brookville and the sketch showing the local common right-of-way in question, Brookville Manufacturing advises that it plows the access road east of the track which contains one privately-owned property and the request is for the City to snowplow the section west of the tracks between Old Rothesay Road and the tracks for the purpose of providing access to two properties; also advising that the right-of-way is not owned nor was it ever maintained by the City, and that in order for the City to accept responsibility for maintenance of this access road, City policy requires the homeowners or owner to construct the road to the appropriate standard and register the right-of-way in the name of the City of Saint John; and recommending that the City not provide the requested service -- be received and filed and the recommendation adopted. During discussion Mr. Robichaud advised that the City took over roads, such as Old Orchard Lane, Clairmont Road and Mount Loyal Road which are mentioned in the above letter, from the Province of New Brunswick during amalgamation and has to keep up the same service on these roads as had been provided by the Province; however, Lime Kiln Road and other small roads in the area were never plowed by the Province and therefore never plowed by the City; explained the manner in which the residents concerned gain access to their properties; and made the observation that it would cost millions of dollars for the City to start taking over and upgrading to City standards the hundreds of privately-owned rights-of-ways in the City. Councillor M. Vincent suggested that some consideration should be given to at least reviewing the above request to determine if, while the City is plowing other roads and streets in the area, the City might be able to plow Lime Kiln Road from time to time on the basis that consideration should be given, where possible, to citizens of the City who do not share all of the services. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Read a report from the City Manager advising that final assessments for the houses in the Glenwood Park development exceed the funding approved by Council on December 22, 1986 under the Greater Residential Incentive Program, such funding having been increased from $46,530 to $53,242.07 on April 24, 1989, resulting in a final calculation of G.R.I.P. funding of $156,863.07; and recommending approval of the increase. 82-278 COMMON COUNCIL MARCH 19, 1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council approve an increase in funding under the Greater Residential Incentive Program from $53,242.07 to $156,863.07 for Glenwood Park Subdivision. During discussion Mr. Todd explained that the initial grant in the above instance was based on a building permit value submitted by the applicant, and the fact that he chose to build a more expensive house than originally contemplated has resulted in assessments higher than contemplated when the initial grant was estimated with the result being a substantially higher grant from what was originally estimated when the application was approved by Council; and further that the procedure for advancing G.R.I.P. funds is two step in nature, the first advance being based on building permit value and the second advance being based on property assessment, the latter in some instances being almost twice as much as the building permit value is contemplated to be; however, the City will also receive a greater benefit from the development than originally contemplated because of a greater level of assessment in tax revenue; also explained that the initial grant is based on 8% of the building permit value, while the final grant is based on 10%, to ensure that funds are not over- advanced should the assessment be lower than the building permit value; and further that the above grant application was submitted in 1986 at the time the subdivision was approved and prior to starting any building at which time the developer would have estimated the building permit values and, on the assumption that as the market dictated, more expensive houses would be built, staff would become aware of the higher building permit values as received, while not becoming aware of the higher assessments until their receipt from the Province in March, and also that allowance for property value has been included in the initial grant calculation since 1988. (Councillor A. Vincent entered the meeting and Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation of the submitted application of Dr. P. W. Chase Professional Corporation have been completed and that the required waiting period for written objections expired on March 14, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Dr. P. W. Chase Professional Corporation for a Municipal Plan amendment regarding property at 881 Sand Cove Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 23, 1990. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation of the submitted application of John Walker Insurance Ltd. have been completed and that the required waiting period for written objections expired on March 14, with no written objections having been received. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the application of John Walker Insurance Ltd. for a Municipal Plan amendment and re-zoning of 167 Bayside Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 23, 1990. 82-279 COMMON COUNCIL MARCH 19, 1990 Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation of the submitted application of Joseph and Cathy Gould have been completed and that the required waiting period for written objections expired on March 14, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Joseph and Cathy Gould for a Municipal Plan amendment and re-zoning of 147-149 Bayside Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 23, 1990. 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. 100-199 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing approximately one acre with a frontage of 124 feet on Manawagonish Road, being a portion of 1260 Manawagonish Road (L.R.I.S. Number 398669), from "R-1A" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be subject to an agreement with the developer pursuant to Section 39 of the Community Planning Act. (Councillor Fitzpatrick re-entered the meeting.) The by-law entitled, "By-Law Number C.P. 100-199 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Councillor Rogers asked if the information which Council members received by mail on an individual basis and also the information distributed to Council members at this meeting should be included in Council's deliberation to which Mr. Rogers replied that, although there is no legal requirement to consider same in that the public hearing was held and concluded at the last Council meeting and first and second readings were given to the proposed By-Law amendment which is now being considered for third reading, Council can if it wishes consider any additional information prior to voting on third reading. Councillor M. Vincent, in noting his absence from the last meeting, asked if meetings were held between the area residents and the developer and if there was any clarification given regarding senior citizens' residency in the townhouse development. Deputy Mayor Gould reminded the Council members who were not present at the public hearing for the proposed By-Law amendment that they are ineligible to vote on third reading and, in response to Councillor A. Vincent's query as to whether or not it is necessary to withdraw from the Council Chamber or just abstain from voting, Mr. Rodgers replied that it is necessary to abstain from voting. Councillor Landers proposed a motion to table the above matter for one week in view of the information received by Council over the past few days and the concerns of the citizens about the consultation process and, upon Councillor M. Vincent seconding the proposed tabling motion, Mr. Rodgers expressed the opinion that it is improper and questions the validity of the whole matter if a councillor who was not at the public hearing votes in any way on this issue. (Councillor A. Vincent withdrew from the Council table.) Deputy Mayor Gould made the observation that, as Councillor M. Vincent has been declared ineligible to second the tabling motion which means that the tabling motion proposed by Councillor Landers has not been seconded, the third reading is 82-280 COMMON COUNCIL MARCH 19, 1990 now before Council for consideration; and Councillor M. Vincent acknowledged Mr. Rodgers' advice that, while Councillor M. Vincent under law is not required to withdraw from the Council Chamber in these circumstances, because he is ineligible to vote as he was absent from the public hearing he should publicly state that he is not voting, otherwise, the record will indicate his silence as affirmative. Question being taken, the motion was carried with Councillor Landers voting "nay". (Councillor A. Vincent returned to the Council table.) 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 March 12, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the following recommendations, namely:- 1. That the joint letter from Councillors Coughlan and Rogers recommending that, in light of discussion at the February 26 Common Council meeting regarding the feasibility of a personnel audit of City staff, the City Manager be directed to request representation from either the Saint John Regional Hospital or NB Tel regarding their experience in this endeavour, be received and filed and the City Manager explore action taken by other institutions and municipalities as to feasibility of a personnel audit of City staff. 2. That as recommended by the Saint John Board of Police Commissioners, Mr. Larry Gallant be appointed as the City's nominee in the matters of arbitration dealing with Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievances on behalf of (a) Constable P. J. Holden, involving articles 1 :01, 4:01, 15:03(d) and others; (b) Corporal G. W. Mott, involving 1 O-hour shift maintenance and articles 1 and 3; (c) Corporal D. L. Hatfield, involving articles 1 :01, 4:01, 8(2), 8(20), 8(22) and others; (d) Constable J. R. McEachern, involving articles 1 :01, 4:01, 7:05(c) and others; and (e) Constable M. E. Chisholm, involving articles 1 :01, 4:01, 7:05(c) and others of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 3. That Common Council adopt the following policy resolution concerning labour-management communication:- "WHEREAS the City of Saint John desires a good, healthy working relationship with its employees and their union representatives; AND WHEREAS regular communications between representatives of the parties to a collective agreement is essential to good labour-management relations; AND WHEREAS formal labour-management committee meetings are an important and necessary forum for dealing with workplace issues: BE IT RESOLVED that regular monthly or bi-monthly meeting labour-management committee meetings, attended by duly-designated City and union representatives, be held with each of the four civic unions, in accordance with the relevant provisions of the applicable collective agreements: AND FURTHER RESOLVED that the City of Saint John urge each civic union to adopt an equivalent commitment to regular labour-management communication". 4. That as recommended by the Nominating Committee, Mr. Stephen Bedford be re-appointed to the Saint John Central Business Development Corporation 82-281 COMMON COUNCIL MARCH 19, 1990 for the term of one year. 5. That as recommended by the City Manager, Council direct the City Solicitor or his designated representatives to make application to the Department of Justice and Corporate Affairs to file a name and style of business "City Market" and "Saint John City Market", and further that the Mayor and Common Clerk be authorized to execute any documents and pay any fees associated with the filing. 6. That as recommended by the City Manager, the position of Director of Communications and Public Relations be redesignated Manager of Civic Public Relations, and the establishment be so amended. March 19, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Mr. Taylor explained that, while the above motion refers to regular monthly or bi-monthly meetings and the four collective agreements presently have different meeting requirements with only one providing for monthly meetings, all labour- management committees will be encouraged to meet on a monthly or bi-monthly basis even if their collective agreements indicate, for example, three times a year. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 82-282 COMMON COUNCIL MARCH 19, 1990 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 6 of the above report be adopted. Councillor Rogers expressed opposition to the above motion on the basis that, not only has the position been downgraded from a director to a manager, but also because three years ago the City had neither a director of public affairs nor a director of public relations and, while it is important for the City to have a public relations person on staff, there is a question of whether the City now needs two persons doing somewhat similar jobs; and she made the observation that salaries for the two staff persons concerned total approximately $81,000 annually in the area of public affairs and public relations which, in her opinion, is too much and one person could do the job for $38,000 to $40,000, and further that, although she has requested the job descriptions for both positions, she has not received same for comparison purposes. Deputy Mayor Gould asked Councillor A. Vincent to delay his proposed tabling motion so that other Council members could have an opportunity to address the matter, and during ensuing discussion Mr. Taylor advised that, through this process, there has been much review of the persons in the various functions in the existing jobs and that, as indicated during the March 12 Committee of the Whole meeting, he feels very strongly that the public relations job should be filled, and that there is a review proceeding presently of the staffing positions within the City Manager's Office to indicate if there could be a realignment of other duties to cover off some of the areas of concern, and further that he has no problem providing job descriptions. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table until Council members are provided with a copy of the job descriptions at the next meeting. Question being taken, the tabling motion was carried with Deputy Mayor Gould and Councillors Fitzpatrick and Knibb voting "nay". On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Ronald Humphrey, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the application of Clearview Mobile Homes Ltd. for the re-zoning of 21 Marlborough Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 7, 1990. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the application of Ron Scott Satin Holdings Ltd. for an amendment to the Section 39 re-zoning of 1120 Loch Lomond Road be referred to the Planning Advisory Committee for a report and 82-283 COMMON COUNCIL MARCH 19, 1990 recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 7, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Demetre J. Bountalas for an amendment to the Section 39 re-zoning of 23 St. Anne Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on May 7, 1990. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Orange Street Preservation Steering Committee re-iterating its September 5, 1989 request that, in accordance with the recommendations of the Comeau MacKenzie Study and Plan, a program of street and sidewalk improvements for the Orange Street Preservation Area be included in the 1990 capital budget -- be referred to the City Manager for capital budget consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Training Co-Ordinator of Fundy Division Girl Guides requesting Council to waive the $400 rental fee of Lily Lake Pavilion which is to be used by the Guides for camp training on March 24 -- be referred to Committee of the Whole for discussion. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from the President of the Energy and Chemical Workers Union, Local 691, advising that, at the Local's March 7, 1990 meeting, a motion was placed on the floor which resulted in the Union being emphatically urged to condemn the newly-formed Saint John City Police Tactical Squad, the establishment of which is considered to be an outright affront to unionism at this time and its necessity is questioned, considering the good rapport and handling of any situations in the past by the regular Police Force -- be referred to the Saint John Board of Police Commissioner as the Board is responsible for the direction and policy of the Police Force. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Saint John District Labour Council advising that a motion was unanimously carried at its March meeting that a request be made for a meeting between Common Council and the Executive Members of the District Labour Council regarding the new unit being established within the Saint John Police Department -- be referred to the Saint John Board of Police Commissioners as the Board is responsible for the direction and policy of the Police Force. 82-284 COMMON COUNCIL MARCH 19, 1990 Deputy Mayor Gould, in response to Councillor A. Vincent's request for a response from the Chief of Police concerning equipment acquisition for the Tactical Unit, advised that the City Solicitor has informed him that the Chief of Police should not become involved in this discussion at this time as he is responsible to the Saint John Board of Police Commissioners; Councillor M. Vincent suggested that the above motion does not properly deal with the request to meet with Council in that, if Council is not going to meet with the Labour Council, the motion should so indicate with a reason given for not meeting, whereupon Councillor Coughlan concurred that the above two motions should explain the reason for the referral; and Councillor Landers, the Mayor's designate on the Saint John Board of Police Commissioners, advised that, to her knowledge, she has not received to date the above letter through the Commission, and confirmed that, as a member of the Police Commission, she had no prior knowledge of the establishment of the Tactical Unit, and that she is dealing with this matter internally with the Commission. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk