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1992-01-27_Minutes 83-329 COMMON COUNCIL JANUARY 27,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of January, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; D. O'Leary, Director of Economic Development; B. Morrison, Director of Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; D. Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Richard Damon, Pastor of the Full Gospel Assembly, offered the opening prayer. Her Worship the Mayor proclaimed February 1 to 8 to be Bowl for Kids Week in the City of Saint John in support of Big Brothers-Big Sisters of Saint John Inc.; and advised of her forthcoming visit to Germany with two representatives from each of the other two levels of government, from February 16 to March 1, having been invited by the German Government at its expense to visit the Federal Republic of Germany, at which time she anticipates an opportunity to tour the educational system and certain aspects of industry. (Councillor M. Vincent entered the meeting during the above remarks.) Her Worship the Mayor extended condolences to the family of the late Paul Henderson, a District Fire Chief with the City of Saint John's Fire Department, who died unexpectedly, while on the job, on January 26. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on January 20, 1992, be approved. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Flewwelling referring to Council's consideration on October 20, 1990 of his suggestion that all Councillors should receive a copy of policy statements, in a loose-leaf book form, that can be amended or added to, with Council to review the policy statements, and asking that the City Manager report to Council on the status of this matter. Councillor Flewwelling expressed the understanding that a book of the above-nature is almost completed. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following progress certificates, namely:- 83-330 COMMON COUNCIL JANUARY 27,1992 1. Contract 91-5, Canon Street RetaininQ Wall Construction F. Andrew Simpson Contracting Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 21, 1992 Final holdback release 2. Contract 91-19, OranQe Street Reconstruction QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated January 16, 1992 Partial holdback release 3. Contract 91-25, Prince William Street RetaininQ Wall Construction Galbraith Construction Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated January 21, 1992 Partial holdback release $ 49,177.68 52,066.39 Nil 44,256.43 7,809.96 510.93 $ 7,809.96 $202,233.50 188,621.21 1,450.00 151,598.25 35,572.96 2,327.20 $ 35,572.96 $115,580.00 108,507.50 600.00 92,231.37 15,676.13 1,025.54 $ 15,676.13 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in the amount of $65,000, be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 491 Bayside Drive. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in the amount of $7,500, be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 990 Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in 83-331 COMMON COUNCIL JANUARY 27,1992 the amount of $30,000, be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 1651 Sand Cove Road. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the report from the City Manager referring to Council's refusal on October 15, 1991 to amend the Municipal Development Plan, re-zone and amend the existing Section 39 conditions of property on Douglas Avenue, Main Street and Chesley Drive for Deans Hill Company Ltd.; commenting on the substantial revisions in a revised application submitted on January 16, 1992, such application having been reviewed and is a different proposal from that previously considered; and recommending that the application be considered different from the previous application considered by Common Council on October 15, 1991, and an advertisement for a public presentation of the proposed amendment to the Municipal Development Plan be placed in the newspaper -- be received and filed and the recommendation adopted. In commenting on the differences between the previous proposal and the revised development proposal, Mr. Bedford advised that the proposed high-rise apartment building has been relocated from the centre of the property to a site closer to Chesley Drive and it has been increased in height from 6 to 10 storeys, and the dwelling unit has been changed to 162 units from the previously-proposed 75 units, and confirmed that there will be no demolition on Douglas Avenue, with the exception of 50 Douglas Avenue. Mr. Rodgers confirmed that, based on Mr. Bedford's rationale, the application is different from previous applications. Question being taken, the motion was carried. Consideration was given to a letter from the Chief of Police referring to his letter, which Council tabled at his request on January 20, regarding Constable John Richardson's request for a leave of absence for one year commencing February 1, 1992; explaining that Constable Richardson had advised him that his request for a leave of absence was under article 24:08(d) of the collective agreement which, in Constable Richardson's opinion, would entitle him to receive his regular salary and benefits; however, he advised Constable Richardson his opinion that his request was under article 28:08(c) which did not provide for full salary and benefits during the period of absence; and advising that, as it is also the opinion of City Solicitor Frank Rodgers and Deputy Finance Commissioner Terry Totten that the leave of absence is under article 24:08(c) and not (d), he re-iterated his view to Constable Richardson, who requested that his view that the leave of absence should be with full salary and benefits be brought before Council; and recommending that the leave of absence be approved under article 24:08(c), on which Council's decision will be awaited. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Chief of Police, Constable John Richardson be granted a leave of absence for one year, commencing February 1, 1992, under article 24:08(c) of the collective agreement between the City and Local No. 61, C.U.P.E. Councillor A. Vincent suggested that section (c) cannot be separated from article 24:08 which is made up of sections (a), (b), (c) and (d). Mr. Rodgers expressed the understanding that the issue centres around whether pensionable service continues or is broken; and expressed the opinion that, considering the circumstances and facts presented to him and in reviewing the collective agreement, (c) is the applicable paragraph; therefore, pensionable service would have to be broken because of the policy and the practice of the City with respect to leaves of absence without pay. Chief Sherwood, in response to Councillor A. Vincent's question about the difference between Constable Richardson's leave and leaves of two other police officers, explained that the two officers in question are employed in the policing field dealing with policing issues, and their salaries and benefits are being refunded to the 83-332 COMMON COUNCIL JANUARY 27,1992 City on a quarterly basis, under secondment agreements with the Atlantic Police Academy and the Department of the Solicitor General, respectively. Councillor Landers asked if Constable Richardson's leave could be the subject of a secondment agreement to which Chief Sherwood expressed the understanding that, based on Constable Richardson's submitted letter, he will be working, not for Local No. 61, but for an affiliate, C.U.P.E., and, while he has no direct information, he has been led to believe that Constable Richardson's work will not be totally involved in the Province of New Brunswick, but will be outside the Province as well. Mr. Rodgers expressed the opinion that Constable Richardson's indication that he will be working for the Canadian Union of Public Employees clearly falls within article 24:08(c) which deals with an employee elected or selected for a full-time position with the Union or any body with which the Union is affiliated and that, in view of this and based on the facts of which he is aware and the City's past practice, this particular case cannot be within (c) and have pension benefits. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table. Councillor Fitzpatrick asked the grounds for tabling to which the Mayor replied that the reason is that further information and review is required and that a full report should be submitted by the City Solicitor and the Commissioner of Human Resources explaining article 24:08(c) and (d). Mr. Rodgers made the observation that Constable Richardson has not requested that the matter be tabled, but rather has requested a leave of absence and, on the basis that he is not satisfied with the Chief's recommendation, is prepared to grieve the matter under the collective agreement. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, A. Vincent and M. Vincent voting "nay". During ensuing discussion Mrs. Munford clarified that Constable Richardson informed her, prior to the last Council meeting, that he referenced the wrong section number in his submitted letter and that the covering letter from the Chief of Police is correct; and Mr. Rodgers expressed the opinion that Council should proceed under article 24:08(c) and, if through further research it is determined that Constable Richardson is legally entitled to not have his pension broken, the Council resolution is not taking that away; and, if that occurs, Council will be so informed, and that, if there is any legal way that Constable Richardson can meet his obligations in accepting the request to go full time with the affiliate and also not have his pension broken, Council will be so advised. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from High Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 83-333 COMMON COUNCIL JANUARY 27,1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-262 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law C.P. 100-262 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. 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 January 20, 1992, 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 recommendations, namely:- 1. That as recommended by the City Manager, Mr. Mark Giberson be appointed as the City's nominee to the board of arbitration of Local No. 18, C.U.P.E., grievance 91-35 concerning heavy-equipment operator positions in the Works Department. 2. That as recommended by the City Manager, the City enter into an agreement with NB Tel Co. for the supply and installation of a joint dispatch centre at a total cost of $617,881.92 plus the one-time tariff charge of $2,675, and that the Mayor and Common Clerk be authorized to sign the necessary contract documents. 3. That as recommended by the City Manager, the City of Saint John allocate up to a maximum of $1,000 towards a musical composition to be presented to the City of Montreal in commemoration of its 350th anniversary. 4. That as recommended by the Nominating Committee, William R. Fitzpatrick be appointed to the Board of Police Commissioners for a term of three years. January 27, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried with Councillor Rogers voting "nay". 83-334 COMMON COUNCIL JANUARY 27,1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Deputy Chief Tait explained that the proposed centre for Fire and Police will also have the capability to dispatch the ambulance at a later date, as well to provide a regional dispatch centre, and that the centre is quite unique in its proposed management and how it will operate, although negotiations must take place with respect to restrictions in the collective agreement and, if these negotiations are not successful in that it is not possible to hire civilians, who will be cross-trained to take any type of call and dispatch the equipment, Fire and Police dispatchers will remain in place, and, while the use of one or two systems would have to be evaluated at that time, regardless of whether or not the dispatch centres are consolidated, the equipment in question is required in order to upgrade the current system. The Mayor asked if it would create a problem should Council table the above matter for one week in order to discuss with the Province the possibility of funding being available to assist the City in this regard, to which Deputy Chief Tait replied in the negative on the basis that one week would not make much difference, although staff would like to proceed in that, from the time the order is placed, it will take six months to get delivery. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Winnifred L. Jennings submitting a copy of a petition, which she forwarded to Grafton- Fraser Inc., to try to keep the Jack Fraser Men's Store in the Lancaster Mall, and asking Council's consideration of this matter on the basis that there is a need for more, not less, stores on the West Side -- be referred to the City Manager. The Mayor advised that, while the above matter is outside the City's jurisdiction and is a private sector issue, the City Manager will have a staff person contact Mrs. Jennings and explain the situation. Question being taken, the motion was carried. 83-335 COMMON COUNCIL JANUARY 27,1992 On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Board of Directors of North End Residents and Business Association Inc. advising that concerned residents consider the pedestrian crossings at the corners of Lansdowne Avenue and Metcalf Street, Adelaide and Metcalf Streets, and Main and Adelaide Streets, to be dangerous and hazardous; and asking for help to alleviate the hazards of the crosswalks, such as enforcement of law or no right-hand turns on a red light -- be referred to the Traffic Branch of the Police Department. Chief Sherwood concurred with Councillor Coughlan's suggestion that training might be necessary for cross-walk guards, who are supervised by the Corps of Commissionaires and involved with the Police Department only insofar as their salary and benefits are concerned; advised that, in the event a cross-walk guard is not available due to illness or other reason, the Police Department provides a police officer on a temporary basis upon being called by the Corps; and also advised that the 1991 statistics relative to the intersections in question indicate that there were 8 vehicular accidents at the intersection of Main and Adelaide Streets, 6 vehicular accidents at the Adelaide and Metcalf Streets intersection, and 22 vehicular accidents at the intersection of Metcalf Street and Lansdowne Avenue, with 14 violations issued for the total accidents, and that 3 persons were injured, in one case being a pedestrian who was at fault. Chief Sherwood further advised that the number of violations for failing to yield to pedestrians was not available to him, and expressed the opinion that the statistics are not unreasonable in view of the high volume of traffic at the subject intersections. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letters from New Brunswick Housing Corporation and the Department of Municipalities, Culture and Housing asking the City's input in the naming of senior citizens projects located at 656, 684 and 738 Brunswick Drive, 880 Danells Drive at the corner of Bleury Street, and 22- 28 Anglin Drive, and that recommendations are to be returned to Alan L. Rayner, Manager of Property Management, for approval by the Department's Executive Management Committee -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The Gideons International In Canada requesting permission to hold gospel services in Loyalist Plaza at its annual convention on July 9 and 10, between 12:15 p.m. and 12:45 p.m. -- be received and filed and permission be granted, subject to it not interfering with Loyalist Days activities. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 83-336 COMMON COUNCIL JANUARY 27,1992 Common Clerk