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1993-10-04_Minutes 84-291 COMMON COUNCIL OCTOBER 4, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of October, A.D. 1993, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. 1. Totten, 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. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Sherwood, Chief of Police; G. Tait, Fire Chief; J. Mcintyre, Manager of Industrial Relations; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Roger Graham of Forest Hills Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that minutes of the meeting of Common Council, held on September 27, 1993, be approved. Question being taken, the motion was carried. The Mayor called for a motion to add to the agenda of this meeting a resolution concerning the position of City Manager. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that a resolution regarding the position of City Manager be added to the agenda of this meeting. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Trites RESOLVED that the salary range for the position of City Manager be a minimum of $89,739 to a maximum of $95,204 with two step adjustments, all subject to a performance review being satisfactory to Council: AND FURTHER that at the end of twenty-four months from the date of appointment, the salary and other benefits for the position of City Manager shall be reviewed: AND FURTHER that the City Manager be entitled to the use of a City leased vehicle for business and personal use, with service and maintenance, including fuel, to be provided by the City, with the exception being that fuel for personal usage outside of the City is at the employee's expense: AND FURTHER that Terrence L. Totten be appointed to the position of City Manager under section 74(1) of the Municipalities Act and the City Government Act, effective the fourth day of October, 1993 at the salary of $89,739 per annum. 84-292 COMMON COUNCIL OCTOBER 4, 1993 The Mayor clarified that, as Commissioner of Finance Daryl Wilson withdrew his application, there were four, not five, applications for the position of City Manager. Question being taken, the motion was carried. Mr. Totten thanked and commended Council for the highly-professional way it conducted the interviews for the position of City Manager, as well as for allowing him an opportunity to have some very direct and frank discussion with Council subsequent to the interview, and a round of applause was given in recognition of Mr. Totten's appointment. The Mayor commented on the opening of Harbour Station on October 2 and on the ongoing events scheduled for the week; congratulated City Intergovernmental Affairs Officer Ed Farren on his successful completion of courses at the London School of Economics; proclaimed October 3 to 9 as Celiac Awareness Week and as Nuclear Medicine Week in the City of Saint John; noted the Port Days activities which commenced on this date; read a letter from the Alzheimer Society of Saint John regarding its first major fundraising event to be held on October 16; and noted that the public will have an opportunity to meet the members of the Saint John Flames Hockey Team at Market Square later this date. Deputy Mayor McAlary acknowledged Mrs. Mary Nelson's efforts in promoting UNICEF for the past 35 years in Saint John. Councillor A. Vincent asked to place a motion at this time concerning the tragedy of six-year old Samantha Dawn Toole to ask the Chief of Police what Council could do to assist and if a reward is in order. On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above matter be added to the agenda. Question being taken, the motion was carried. Chief Sherwood advised that, at this point in time, there is little that Council could do in the above matter, and that the investigation is ongoing and he remains optimistic that this will be successful; and he thanked Council for its interest. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from the Moosehead Skate to Care group requesting the use of the services at Lily Lake and the Pavilion as in the past for Skate to Care '94 -- be received and filed and the request be granted. Councillor Chase advised that the Victorian Order of Nurses, upon inquiring, was told by City staff that no bookings are being taken for the Pavilion after December 31 because substantive renovations are to be done to the Lily Lake Pavilion; and the Mayor advised that, as the Skate To Care group indicated likewise, this matter will have to be looked into as neither Mr. Totten nor Mr. Todd are aware of this. Deputy Mayor McAlary asked for information from City staff, with all the services provided by the City, on the total cost of Skate To Care to the City. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting a copy of documentation released by The Honourable Bruce A. Smith, Solicitor General of New Brunswick, containing the Government's response to the New Brunswick Police Study Project, more commonly known as The Grant Report; commenting on the three- stage program for the reorganization of police services in the Province comprised of planning, legislation and implementation; and submitting a recommendation in this regard. 84-293 COMMON COUNCIL OCTOBER 4, 1993 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that (1) the Saint John Board of Police Commissioners be requested to present to Council its position with respect to the position which the Government has taken, as documented in the press release of September 28, 1993, responding to The New Brunswick Police Study Project; and (2) the City Manager be requested to review the Government's position as it relates to the broader issues of municipal authority, financing, employee relations, and others, and report back to Council. During discussion Chief Sherwood advised that the above matter will be addressed by the Board of Police Commissioners at its regular monthly meeting on October 21, and that the Board's position should be available for Council in mid- January; and that, at his meeting with the Deputy Minister last week, it was indicated that a five-year time table is in place, with all interested parties to be consulted and a great many issues to be addressed before any implementation can occur, and that certainly all of the stakeholders will have to be involved in the process. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-15, Chipseal 1992 Atlantic Colas 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 September 24, 1993 Final holdback release. $114,992.20 126,210.67 Nil 110,030.29 16,180.38 1,058.53 $16,180.38 2. Contract 93-9 Union Street Reconstruction Standard Paving Maritime Limited 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 September 29, 1993 Partial holdback release. $141,275.00 124,356.58 600.00 82,348.88 41,407.70 2,708.92 $ 41,407.70 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $25,000 be accepted from Galbraith Construction Ltd. as security to ensure the rehabilitation of the gravel pit at 2400 Ocean Westway (NBGIC Number 286500). 84-294 COMMON COUNCIL OCTOBER 4, 1993 Question being taken, the motion was carried. The Mayor advised that the City Manager has asked that the report on the September 20 request for football fields to remain open in inclement weather be withdrawn from the agenda for one week so that staff can prepare a further report. On motion of Councillor McAlary Seconded by Councillor Landers RESOLVED that the above-mentioned report be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Mr. Rodolphe Theriault has applied to the Liquor Licensing Branch for a lounge license for the Bolorama Restaurant located at LaTour Terrace, with no increase in seating proposed, and that the Municipal Plan designation and zoning permit the operation of a lounge in this location. On motion of Councillor McAlary Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council give its approval for the operation of a lounge at the Bolorama Restaurant located at LaTour Terrace at 61-65 Union Street. Question being taken, the motion was carried. Read a report from the City Manager submitting a summary of a Housing Through Infill Development application by Mr. Peter Pappas for funding for a project at 675 Bonner Place, and recommending approval of a H.I.D. grant. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve a Housing Through Infill Development grant in the amount of approximately $16,005 for Mr. Peter Pappas for the construction of a two-family dwelling at 675 Bonner Place, and further that the application be subject to approval of the final plans and specifications by the Director of Housing and Property Management. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase 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 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from Medium 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. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- 84-295 COMMON COUNCIL OCTOBER 4, 1993 Law Number C.P. 100-326 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 9 Somerset Street (NBGIC Numbers 25502 and 30759), with frontage on Somerset, Barker and Webster Streets, from "BR" Business 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 Number C.P. 100-326 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 reports that it sat on September 27, 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 Acting City Manager, (1) Phoenix Commercial Cleaning Ltd. be engaged to provide the necessary janitorial services for the pedestrian link from City Hall to Harbour Station, for the period October 1, 1993 to February 1, 1994; and (2) public tenders for this service be requested on or before January 1, 1994: AND FURTHER that discussion be undertaken with all properties linked by the pedway system as to cost-sharing arrangements. 2. That as recommended by the Acting City Manager, Common Council authorize the payment of $43,871.81 to William Snodgrass as the final settlement related to the expropriation of 92 Station Street. October 4, 1993, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Trites 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 Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Councillor A. Vincent alluded to a committee of the whole meeting held in the Mayor's Office after the above Committee of the Whole meeting, and asked when he could obtain a copy of the minutes of that meeting, whereupon the Mayor advised that there was no committee of the whole meeting in her office, but rather that, when Council finished meeting in Committee of the Whole, she asked the Council members to her office to talk over a subject which Council has just finalized, and there were no minutes nor motions taken. 84-296 COMMON COUNCIL OCTOBER 4, 1993 On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that the letter from Kevin and Barbara Perry expressing appreciation for Council's stand in rejecting the recent proposal for a night club with exotic dancers -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. C. R. Waldschutz advising that, further to his representations to Council in 1992 about parking on Germain Street, the investigation in this regard directed by Council having ended the week of September 20 with a report by the Parking Commission which, while no doubt thoroughly and competently compiled, had little bearing on the issue that he raised in that he does not really care how they park in Montreal, Toronto, Moncton and Fredericton as his interest lies in Council's jurisdiction, specifically his block of Germain Street, and the final outcome of his request for changed regulations for parking by residents on Germain Street is that there is to be no change; and reiterating his request that the sticker currently issued by the Parking Commission, which allows parking by residents beyond the posted one hour limit but does not permit parking beyond twenty- four hours, be extended to permit parking, if not indefinitely, at least for seven days; and, alternatively, that Germain Street be closed at Duke Street on the south side by installing a large flower pot or two, or, if there is sufficient room for the passage of emergency equipment behind vehicles parked at right angles to the curb, there would be many parking spaces for rent -- be referred to the City Manager. Councillor Knibb, in proposing the above motion, noted that discussion with the Parking Commission may be in order. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. D.F. O'Brien expressing opposition to the proposed re-zoning of the property at 1414 Hickey Road, for which the public hearing was held at Council's last meeting -- be referred to the Planning Advisory Committee. (Councillor M. Vincent entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Landers RESOLVED that the letter from The Saint John Rape Crisis Line Inc. bringing to Council's attention, on behalf of the members of the Saint John and Fredericton Rape Crisis Centres, a very disturbing problem with police forces in that, as front-line workers in the fight against violence against women, they have begun to document a specific pattern of young women who have been sexually assaulted, being either dismissed without investigation or charged by the police; commenting on two recent cases that have prompted them to go public with this information; and requesting to meet with Council to discuss this problem with police forces and what, as elected members of the City, Council can do about it -- be referred to the Saint John Board of Police Commissioners. Councillor Knibb expressed opposition to the above motion on the basis that the matter is before the courts and should not be discussed, and the letter should 84-297 COMMON COUNCIL OCTOBER 4, 1993 be received and filed as he would not want to give credence to the letter by referring it to the Board of Police Commissioners; and he noted that Fredericton is not in the jurisdiction of the City of Saint John. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Trites Seconded by Councillor Landers RESOLVED that the letter from Saint John Learning Exchange Ltd. requesting the City's support for the recently-established partnership with the Saint John Flames Hockey Team to promote education among children and youth by contributing $1,500 toward the $3,000 cost of renting Harbour Station for a funding-raising pledge skate and auction to be held in March 1993 -- be referred to the City Manager and the Saint John Regional Exhibition Centre Commission. The initial motion to refer the above matter to the City Manager was questioned by Councillor M. Vincent on the basis that the Saint John Regional Exhibition Centre Commission is in place, and he expressed concern about precedent should such requests be referred to the City Manager, and the mover and seconder concurred that the resolution should be changed to include referral to the Commission. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk