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1993-04-05_Minutes 84-45 COMMON COUNCIL APRIL 5,1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of April, AD., 1999, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites, 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; 1. Totten, Commissioner of Management Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; R. Johnston, Deputy Fire Chief; B. Thompson, Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend James Webber of Forest Hills United Baptist Church offered the opening prayer. On motion of Councillor A Vincent Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on March 29, 1993, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) Deputy Mayor McAlary noted that Mayor Elsie Wayne, on invitation from the Mayor of Cernavoda, is in Romania where twenty-two New Brunswick families are working while Romanian families are working at the Point Lepreau nuclear generating station with N B Power. Councillor Knibb asked that the letter from the Saint John Retired Members Association regarding the Pension Plan, which is on the Committee of the Whole agenda of this date, be added to the agenda for consideration at this meeting, in that this matter was dealt with in open session previously when Council received the Pension Board's Annual Report. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the above-mentioned letter be added to the agenda for consideration at this meeting. Councillor A Vincent suggested that the letter in question should first be discussed in Legal Session, to which Mr. Rodgers replied that, having looked at the letter, he did not see anything potentially affecting the legal liability of the City but, if there is some specific question that somebody wants to pursue with him privately in Legal Session, Council, of course, has the right to do so. Question being taken, the motion was carried with Councillor A Vincent voting "nay". On motion of Councillor A Vincent Seconded by Councillor Gould RESOLVED that the copy of a letter to Mayor Wayne from Mr. Robert Corbett, M.P. (Fundy-Royal), Chairman of the Standing Committee on Transport (copies of which were forwarded to Council members as an information item), be added to the agenda for consideration at this meeting. 84-46 COMMON COUNCIL APRIL 5,1993 Question being taken, the motion was carried. (Councillor M. Vincent entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Honourable Allan E. Maher, Provincial Minister of Finance, including information detailing the restructuring of the Liquor Licensing Board and other legislation and regulation changes relating to licensed establishments, expected to come into effect April 1, 1993 -- be referred to the City Manager. Councillor Knibb noted that the Minister's letter indicates that, if there are compelling reasons, his Department could consider a short administrative moratorium, and asked if the Planning Department is ready to take on this burden immediately and, if not, the Province should be asked to continue to exercise that authority until the City is ready to do so; to which Mr. Bedford replied that the process will really only require the Development Officer to review the application with respect to conformity with the Municipal Plan and zoning and, if the proposal meets the Municipal Plan and zoning, then the Development Officer will inform the Liquor Licensing Board of that, and that he does not anticipate that any additional work will be required because of the change in process, at least not at the present time. During discussion Mr. Bedford advised that staff has met with officials from the Province and it is his understanding that the Liquor Licensing Board of the Province will continue to provide the inspections that it has always provided, the City's Building Inspector will have to inspect building permit applications and the City's Fire Inspectors will also be inspecting these premises, but those inspections are not difference from anything that occurs at the present time; and Mr. Brown concurred with the suggestion that Council could be provided with a teach-in by senior staff on these amendments. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting information from the Department of the Secretary of State of Canada outlining the Canada Day Youth Award, and inviting the submission of a nomination for the Award. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the availability of Canada Day Youth Awards be advertised in the six high schools in the City, as well as in the Volunteer Centre, noting that the deadline for applications is April 30, and that notification of the Award availability be advertised in the City's section of the local newspaper. The mover and seconder of the motion concurred with Councillor Rogers' suggestion that the Volunteer Centre also be made aware of the Award and that the City's section of the local newspaper should include notification of it. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Jean Urquhart outlining concerns about the proposed mall project at the corner of McAllister Drive and Westmorland Road, and the expansion of the Three Mile Tavern - be referred to the City Manager for appropriate action. The motion initially proposed was to receive and file the above letter, whereupon Deputy Mayor McAlary asked, because the subject letter refers to a development, if it should be referred to the Planning Advisory Committee for its information. Councillor Rogers suggested that, as Council has not yet referred the proposal for advertising of a public hearing and to the Planning Advisory Committee, the letter could be held in abeyance and referred to the Planning Department through the City Manager. 84-47 COMMON COUNCIL APRIL 5,1993 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the letter from Mayor Wayne submitting a letter from Bill Donovan, Chairman of the 1993 Air Atlantic Celebrity Golf Tournament, requesting that Council waive the green fees at the Rockwood Park Municipal Golf Course and the rental fee for the Lily Lake Pavilion for the July 14 and 15 Tournament - be referred to the City Manager for a report to Council. Mr. Brown confirmed Deputy Mayor McAlary's observation that last year the equivalent value that the City contributed was $1,500 to $2,000 in terms of waiving the green fees, with no contribution made to the Lily Lake Pavilion; and suggested that perhaps $2,000 is quite a generous contribution from the City of Saint John to this event at this point in time. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent asking five questions with respect to the Simonds Lions Field on Westmorland Road. Mr. Robichaud responding to the questions in the above letter, advised that the City of Saint John does not have a lease with the Exhibition Association for the Simonds Lions Field, and expressed the understanding that in 1965 the Association had a gentlemen's agreement with the Lions Club which did the bulk of the work on the Field. Mr. Robichaud also advised that the City expends approximately $3,500 a year to maintain the Field, including grass cutting, lining the Field, dragging the infield and fence repairs, and that, as the fence was in such a deplorable state, last year the City decided to spend an additional $1,500 to replace approximately 250 lineal feet of fence using t- bars and wire mesh nailed to two by fours, which is salvageable should the City ever decide to relocate the field or the fence, and that is part of the operating budget. In response to the question in the above latter as to what, if the City intends to give up this ball field, is City staff recommending for a replacement, Mr. Robichaud expressed the understanding that that decision has not been made yet; in other words, if the Field is part of a proposed development, it will be necessary to come to Council with suggestions as to possibly where to place another field; otherwise, the City will continue to use the Field if it is not part of a development; and also that the 1993 Canadian Little League Championship is being played at the Forest Hills Fields, and a sign was placed on the Simonds Lions Field, as there is a large amount of traffic in the area, indicating that the Championship will be held at the Forest Hills Fields. In response to Councillor A. Vincent's comments about an expenditure of capital funds, Mr. Robichaud advised that the City did not have any capital funds identified for the Field in question and that he was assured by staff earlier this date that the City has expended only maintenance funds on it, and also that he was assured earlier this date that the Field is not programmed to be utilized for the 1993 Little League Championship Tournament. (Councillor Trites withdrew from the meeting during the above discussion.) On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above letter from Councillor A. Vincent be referred to the City Manager for a full report at the next meeting of Council. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent asking if a developer is legally permitted to erect a promotional sign on the Exhibition Park property at the corner of McAllister Drive and Westmorland Road, across from the Bank of Nova Scotia, stating that a mall will be erected in an area that is zoned strictly for Parks and not Commercial use; and also asking to be informed what action the City of Saint John intends to take to enforce its Sign By-Law. Mr. Bedford advised that, when staff became aware that there was concern about the sign on the above property and inquired as to whether or not a permit 84-48 COMMON COUNCIL APRIL 5,1993 had been issued, a permit has not been issued for the sign and staff has been in contact with the owner and has asked that the owner apply for a permit for the sign; and he confirmed that the property in question, on which there is signage indicating a mall development, will require a Municipal Plan amendment and re-zoning prior to development of the site for a mall. (Councillor Trites re-entered the meeting during the above comments.) On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above letter from Councillor A. Vincent be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor A. Vincent asking that the City Manager instruct the Works Department to correct the unsatisfactory condition which exists at the intersection of Park Hill Drive and Byron Street in that the two manholes are elevated higher than the centre of the Streets creating an ice build-up when water runs down them - be referred to the City Manager for a report to Council. Mr. Robichaud advised that staff is aware of the above problem but cannot do anything until the warmer weather when hot mid asphalt can be placed in the centre of the Street in question to force the water over to the catch basins at the curb line; and he also advised that the Capital Program, which Council will see in the near future, includes local drainage improvements. Question being taken, the motion was carried. Read a letter from Councillor A. Vincent referring to his September 1992 request for a copy of the Hay Management Consultants' report, and insisting that Council be given the report with no further delays and Council decide whether to lock it up or make it public. Deputy Mayor McAlary commented on the above matter from the point of view of Council's receipt of the Hay Management Consultants' re3port at a Committee of the Whole meeting in October 1992, and the availability to all Council members of the report from the Common Clerk who has copies of it for those Council members who wish to receive a copy; and the referral in Committee of the Whole of the report to the City Manager and the Commissioner of Human Resources. Mr. Brown advised that staff has been reviewing the report since it was referred to staff by Council and that he anticipates a report to Council within the next two weeks. Discussion ensued during which time reference was made to an article in the April 5 edition of the local newspaper in this regard; Councillor A. Vincent expressed the opinion that copies of documentation distributed in Committee of the Whole meetings should be forwarded to any Council members who were not present at such meetings in their Council kits for the next meeting; and Mr. Brown clarified that there are two reports involved, one being the report Council asked Hay Management Consultants to prepare for it, which was completed and delivered to Council; the other being a report prepared by the administration which addresses the Hay report and develops recommendations for Council, which will be available within the next two weeks. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above letter from Councillor A. Vincent be referred to the City Manager. Question being taken, the motion was carried. 84-49 COMMON COUNCIL APRIL 5,1993 On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the copy of the letter to Mayor Wayne from Mr. R. A. Corbett, M.P. (Fundy-Royal), Chairman of the Standing Committee on Transport, responding to the Mayor's invitation for the Committee to visit Saint John and conduct hearings regarding the reduction of rail infrastructure and the MRFA/ARFAA; and advising that the Committee will be studying the Rivard Commission review of the National Transportation Act which was recently tabled in the House of Commons and referred to the Committee by the Minister of Transport and will be deciding upon a travel agenda shortly, with Saint John expected to be included as one of the locations for public hearings - be received and filed, and Council thank Mr. Corbett for his letter and advise him that Council encourages the Standing Committee to conduct a public hearing in Saint John. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the tender of Classic Construction Ltd. be accepted for the supply of asphaltic concrete mixes at the unit prices quoted as indicated in the submitted bid summary. Mr. Robichaud, in response to Council queries, explained that the above tender award will cost the city more because of the extra fifteen minutes involved in travelling to the plant to pick up the product; however, as Councillor Trites suggested at the March 8 teach-in in this regard, staff is reviewing ways to mitigate the losses by making changes; for example, the night crew will be used to pick up asphalt at 7 a.m., deliver the full trucks to the yard and have the day drivers pick it up at that time thereby eliminating the crews waiting for asphalt, and the drivers will actually be worked through lunch time paying two times payroll for that one hour which again would cut down the cost of four employees waiting for the asphalt; therefore, the biggest cost related to the four employees in each of the five or six crews waiting for the asphalt will be eliminated. Mr. Robichaud advised that personnel costs have not been factored into the cost because staff will not know what the total impact will be on the operation until this is tried in that there is no question that taking employees off the night shift will result in a loss of those employee hours in doing uptown cleaning or litter and street cleaning in general. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the National Access Awareness Week Employment Subcommittee has invited the City to participate in a program entitled "Face To Face" during National Access Awareness Week on May 31 to June 6 during which employers are asked to pair a disabled person with one or several employees for one day based on the interests and skills of the job seeker; and submitting a recommendation in this regard. Consideration was also given to a letter from the National Access Awareness Week Employment Subcommittee requesting a financial donation from the City of Saint John to offset costs as indicated in the submitted budget related to the "Face to Face" Program for employers and persons with disabilities, which is part of this year's N.A.A.W. activities. On motion of Councillor Chase Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the City of Saint John accept the invitation of the National Access Awareness Week Employment Subcommittee to participate in the "Face To Face" program during National Access Awareness Week from May 31 to June 6, 1993. Question being taken, the motion was carried. 84-50 COMMON COUNCIL APRIL 5,1993 On motion of Councillor Landers Seconded by Councillor Chase RESOLVED that the letter from the National Access Awareness Week Employment Subcommittee requesting a financial donation from the City of Saint John to offset costs as indicated in the submitted budget related to the "Face to Face" Program for employers and persons with disabilities, which is part of this year's N.A.A.W. activities - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that he has approved, under article 24:03 of the collective agreement with Local No. 61, C.U.P.E., a general leave of absence as requested by Constable John Richardson, which now requires that he bring the matter to Council for its automatic granting of approval - be received and filed and Council approve a general leave of absence for Constable John Richardson. Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of R. E. Darling Ltd. have been completed and that the required waiting period for objections expired on March 31, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of R. E. Darling Ltd. for a Municipal Plan amendment and re-zoning of property at 134 Sydney 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 10, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "By- Law Number C.P. 100-309 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar as it concerns re-zoning the property at 77-79 Sewell Street (NBGIC Number 38513), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the above re-zoning be subject to the following conditions:- (1) the use of the property be limited to a group care facility licensed by the Province for up to ten residents; and (2) all improvements to meet the requirements of the Building Code be completed by September 30, 1993. The by-law entitled, "By-Law Number C.P. 100-309 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 84-51 COMMON COUNCIL APRIL 5,1993 Your Committee reports that it sat on March 29, 1993, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Council consider giving the unused portion of the Ross Memorial Park Project budget in the amount of $49,936 at December 31, 11992 (with interest) to the Royal Canadian Legion, on condition that the City of Saint John will not be responsible for the maintenance of the Park. 2. That as recommended by the City Manager, (1) the request of Roger McKellar for financial assistance be denied; (2) the request of the Southwest Region of the Canadian Red Cross Society for a donation be denied; and (3) in light of the existing financial environment, Council adopt the position that financial assistance will not be provided to any organization or individual during the balance of 1993 that does not fall within any of the previously adopted policies. April 5, 1993, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that section 2 of the above report be adopted. Councillor Rogers expressed concern that, if the above motion is adopted, organizations such as the Red Cross will no longer see a social conscience from the City of Saint John, while a way will be found to provide funding to an organization or a glamorous convention or something of a sort that the majority of Council likes. Question being taken, the motion was carried with Councillor Rogers voting "nay". Consideration was given to a letter from the Saint John Ability Advisory Committee requesting Council's adoption of its new Terms of Reference as submitted and its previously-submitted Mission Statement and Goals and Objectives, the latter which were part of its formal presentation to Council in January 1992; and asking for information as to the status of the report on its final report and recommendations on the Handicapped Parking Survey submitted to Council in November 1992. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that Council approve in principle the request of the Saint John Ability Advisory Committee and refer this matter, as well as the request for information on the status of the report on its Handicapped Parking Survey, to the City Manager for a report to Council within two weeks. The mover and seconder of the initial motion to adopt the Mission Statement and Goals and Objectives and refer the matter of the Handicapped Parking Survey to the City Manager agreed to change the motion as indicated above during discussion when Councillor Knibb requested that the number of persons with disabilities on the Committee be limited to half the total membership so as to provide a balance, rather than the total membership being comprised of persons with disabilities; Councillor Trites proposed that the Terms of Reference should be amended by deleting the word "shall" from the statement in the Committee composition section that, when appointing members to the Committee, Common Council shall take the following into consideration; 84-52 COMMON COUNCIL APRIL 5,1993 and Councillor Rogers expressed concern about the indication that the majority in attendance shall constitute a quorum in that for example, if only two, of a committee of fifteen, members were present, they could constitute a quorum. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from the Saint John Ability Advisory Committee recommending that Council ensure the accessibility to all persons with disabilities to the three new facilities currently under development in the city - those being the civic centre, the Mercantile building and the Bi-Capitol, accessibility referring to not only the physical structures, i.e. ramps and washrooms, but also to accessible requirements, i.e. braille signage in elevators and colour contrasting for persons with visual impairments - be referred to the City Manager for a report to Council in two weeks. Councillor Rogers, in proposing the above motion asked that the City Manager assure Council that the three buildings in question are barrier-free according to the terminology provided by the Safety Council of Canada, not just simply wheel-chair accessible, taking into consideration that the Mercantile Centre is not City-owned; and Deputy Mayor McAlary clarified that the matter would be referred to the City Manager to consult the Exhibition Centre Commission, The Market Square Corporation as overseer of the construction of the civic centre and the Imperial Theatre projects, and the Mercantile Centre, and report to Council. Question being taken, the motion was carried. Consideration was given to a letter from the City of Saint John Retired Members Association expressing the understanding that the City and the Pension Board intend to make application to the Legislature to amend the City of Saint John Pension Plan in 1993 after the failed attempt in 1992; advising that it is most disturbed that the two submitted articles which appeared in the Times Globe newspaper on February 23, 1993 as reported to Common Council are at variance with what actually took place and why the amendments were scuttled by the Legislature Committee in Fredericton; also advising the reason why the Association feels the amendments were scuttled; and requesting to be advised in writing of how and when its concerns under the proposed 1993 pension amendments will project the acquired rights of surviving spouses whose husbands die of job-related injuries. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the City of Saint John Retired Members Association regarding the Pension Plan be referred to the City Manager for a response. Councillor Knibb, a member of the Board of Trustees of the City of Saint John Pension Plan, and Mr. Wilson, Treasurer of the Board, commented on the above matter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk