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1994-02-07_Minutes 84-473 COMMON COUNCIL FEBRUARY 7, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of February, AD. 1994, 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. 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. Logan, Purchasing Agent; B. Malone, Planner; G. Tait, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor McAlary offered the opening prayer. 3. Deputy Mayor's Remarks Deputy Mayor McAlary proclaimed February 13 to 19 to be Bowl For Kids Week, which is a fund-raising campaign sponsored by Big Brothers-Big Sisters of Saint John Inc., and the week of February 7 to 13 to be Post Anaesthetic Nurse Awareness Week in the City of Saint John; and extended condolences to the family of the late Dr. Deborah Mitton, who passed away earlier this date. The Deputy Mayor advised that February is International Black History Month and that PRUDE Inc. opened a new Heritage Centre earlier this date on the 3rd floor of the City Market Building; and Mr. David Peters, President of PRUDE Inc., addressed Council on behalf of the Black Community of the Province of New Brunswick concerning PRUDE Inc.; and presented to Council a plaque concerning Grenville 1. Woods, 1856 to 1910, who was known as the "Black Edison", with the request that, through Council's influence, this plaque be eventually hung in the Imperial Theatre. Deputy Mayor McAlary accepted the plaque with appreciation. Deputy Mayor McAlary noted the 75th Anniversary Luncheon of the Saint John Regional Hospital Auxiliary earlier this date, as well as the success of the February 5 Moosehead Skate to Care event. Councillor Trites extended congratulations to the curling team skipped by Brian Dobson from the Thistle-St. Andrew's Curling Club, who, along with the Heidi Hanlon team from the same Club, will be representing New Brunswick at the forthcoming national championships. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend congratulations to the Saint John Regional Hospital Auxiliary on its seventy-five years of service to the community. The Deputy Mayor advised that she forwarded a letter, on behalf of Common Council, extending congratulations to the Auxiliary. Question being taken, the motion was carried. Deputy Mayor McAlary advised that the Swearing In Ceremony for Mayor Elect Thomas J. Higgins will be held at the next regular meeting of Council in open session at 7:00 o'clock p.m. on February 14, followed by a public reception on the 8th floor of City Hall. 84-474 COMMON COUNCIL FEBRUARY 7, 1994 Councillor A Vincent, referring to the February 1 fire on Germain Street which claimed the life of a woman and to an apparent problem with telephones, requested that the City Manager give Council a complete report next week in Legal Session because of possible liability. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on January 31, 1994, be approved. Question being taken, the motion was carried. 4. ProQress Payment - #6 Fire Station Renovations On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC00001 0483 - Choice Drywall Ltd. Renovations - #6 Fire Station Original estimated value of work Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated January 5, 1994 Holdback release. $19,400.00 20,064.29 Nil 16,490.00 $ 3,574.29 Question being taken, the motion was carried. 5. ProQress Payment - Contract 93-24 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 93-24, Mount Pleasant Avenue (C) - Park Avenue RetaininQ Wall Construction F. Andrew Simpson Contracting Ltd. Original estimated value of work Total work done, Estimate Number Two Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number Two, dated January 31, 1994 Final holdback release. $ 8,288.67 $55,805.00 55,257.83 Nil 46,969.16 8,288.67 542.25 Question being taken, the motion was carried. 84-475 COMMON COUNCIL FEBRUARY 7, 1994 6. Salvage Corps and Fire Police - Cancellation of Warrants On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the warrants for Messrs. Donald Burnett, Robert Campbell, Harold Mayes, Alvin McKinley and James Purdy for membership in the Saint John Salvage Corps and Fire Police be cancelled. Question being taken, the motion was carried. 7. Bids for Supply of P.V.C. Pipe Read a report from the City Manager advising that, further to Council's adoption on January 17 of a resolution dealing with the Wastewater Treatment Strategy and cost sharing with the Province of the western beaches collector sewer system and due to the nature of the cost-shared funding for this project and the time limits imposed for the expenditure of funds, it was necessary to seek bids by other than the formal public tender method, and that specifications, sizes, quantities, terms and conditions were incorporated in a standard Request for Quotation document which was distributed to companies currently on the City's vendor file; submitting a bid summary of the prices quoted by the five companies which responded to the City's call for bids; and recommending the acceptance of the bid of McLennan Sales Ltd. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the bid of McLennan Sales Ltd., Saint John, be accepted for the supply of DR35 P.V.C. pipe, at the amounts specified in the submitted summary of bids. Question being taken, the motion was carried. 8. Report of the Commission on Land Use and the Rural Environment Consideration was given to a report from the City Manager advising that, since Council's receipt in May 1993 of the Summary Report of the Final Report of the Commission on Land Use and the Rural Environment, Provincial departments have been reviewing the document in preparation for a staff response to Cabinet; and submitting a copy of the Government Response to the Final Report of the Commission on Land Use and the Rural Environment, which was released in November 1993 and on which the Select Committee intends to hold public hearings early in February. The report also advises that the Government Response is largely supportive of the Commission Report and successful implementation of the recommendations will depend on sensitive detailed evolution and advancement of the proposed structure and process, in consultation with partners in local government, and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the City support, in general, the direction of the Report of the Commission on Land Use and the Rural Environment and the Government Response, and present the concerns of this report to the Select Committee on Land Use and the Rural Environment: (1) that consultations with the Cities of Saint John and Fredericton take place before a Province-wide structure and process for local and district planning is finalized, and the structure be integrated with the process of any government restructuring in this region; (2) that Government take immediate steps to introduce interim user fees or special rates in unincorporated areas, and introduce suitable permanent measures after necessary analysis and consultation is complete; (3) that 84-476 COMMON COUNCIL FEBRUARY 7, 1994 local authorities remain responsible for maintenance and management of lands for public purposes; (4) that the Government expedite development of Provincial mineral aggregate policy; and (5) that the Government identify and commit to a process and schedule to develop a new Community Planning Act to implement the various Commission recommendations which require revisions to the Act. Following Mr. Malone's overview of the above report and recommendations, staff responded to Council queries in this regard during which time Mr. Bedford made the observation that staff expects to have before Council within the next six to eight weeks a report and recommendation on pits and quarries, and that the issue of aggregate resources which can be found along the coastline near and around Saint John will form part of the overall aggregate study and there will be policies coming forward on that matter. Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting.) 9. Greater Saint John Economic Development Commission - Communications StrateQy/Public Relations StrateQY On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that the Greater Saint John Economic Development Commission chose the firm of Corporate Communications Ltd. to create a visual image for the Commission, create an "Open for Business" video, and create a lure brochure and kit folder at a cost of $13,260, $35,000 and $33,385, respectively, for a total cost of $81,645; and recommending that Common Council support the efforts of the Commission, and further that it approve the engagement of Corporate Communications Ltd. to undertake the design and completion of the three projects as contained in the body of this report with an overall cost of $81,645 -- be received and filed and the recommendation adopted. Deputy Mayor McAlary advised that, when the video is ready, the Commission could present it publicly in open session of Council, and noted that, while not all Council members were present, the Commission gave Council a presentation in this regard at which time Corporate Communications Ltd. was present. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) 10. Salvage Corps and Fire Police - Appointment of Officers - 1994 On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council approve the appointment of officers of the Saint John Salvage Corps and Fire Police for the year 1994 as follows:- Captain - Gary Ewart; First Lieutenant - John Pipes; Second Lieutenant - Joe Savoy; Secretary - Harold Peddle; and Treasurer - Ernest Best. Question being taken, the motion was carried. 11. Extraordinary Overtime Requirements - Deputy Market Clerk Consideration was given to a report from the City Manager referring to the list of recommended managers approved by Common Council, on August 3, 1993, to be included in the list of employees under Human Resources Policy #811, "Recognition for Extraordinary Time Requirements", and the lack of inclusion at that 84-477 COMMON COUNCIL FEBRUARY 7, 1994 time of the position of Deputy Market Clerk; advising that the resulting impact of the transfer of the staff person in the position of Superintendent of Rockwood Park to Venue Saint John meant that the duties of that position would be absorbed by other managers in the Parks Department, with one of the changes in duties being that the Deputy Market Clerk became responsible for the administration of the concession contracts in Rockwood Park and the management of the business of the Golf Course and Driving Range and also would become part of the "on call" duty rotation vacated by the Superintendent of Rockwood Park, which results in staff's recommendation that the Deputy Market Clerk be included on the list approved for Extraordinary Time Requirements and that the position of Superintendent of Rockwood Park be deleted from the qualifying list. On motion of Councillor Coughlan Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the position of Deputy Market Clerk be approved for compensation at Level III under Human Resources Policy #811 and that the position of Superintendent of Rockwood Park be deleted from the qualifying list under Human Resources Policy #811. Question being taken, the motion was carried. 12. Louis E. Murphy, MLA - Saint John Harbour - Snow PlouQhinQ of Milford Road Sidewalk On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Mr. Louis E. Murphy, MLA - Saint John Harbour, advising that he has received a number of complaints from the residents that the City of Saint John is ploughing the sidewalk on Milford Road down only as far as the Kingsville Road, leaving the rest of the sidewalk from Kingsville Corner to the end of Milford Road unploughed, impassable and making it necessary for children and the elderly to walk on the road; and requesting that the necessary corrective action be taken in future -- be received and filed and Mr. Murphy be provided with an explanation of the City's policy on sidewalk ploughing. Mr. Robichaud advised that the City ploughs approximately half the sidewalks in Saint John and that, for example, in the area in question, basically a loop is ploughed around the Milford Peninsula of Greenhead, Dwyer, Kingsville and Milford Roads and all of the sidewalks on other streets in the area are not ploughed, nor have they ever been ploughed; confirmed that the City in the past has only ploughed the sidewalk on Milford Road down as far as Kingsville Road; and explained that the major problem is that, with a fleet of only eight sidewalk snow ploughs or snow blowers, at this point in time it still takes three days after a storm to plough the sidewalks the City does do and, basically, the sidewalks done first are the ones that take children to school, the Uptown sidewalks, and the sidewalks utilized to get to bus stops and so on. Mr. Robichaud also advised that the City has a sidewalk ploughing plan and ploughs the same sidewalks after every storm, sometimes taking three days to get out to the third priority sidewalks in that, if there is another storm following the storm for which the ploughing is being done, the ploughs go back and start all over again meaning that it could be five or six days before the City gets to the sidewalks further out; however, schools are the first priority and, of course, the Uptown area where there is much pedestrian traffic and, after that, is basically collectors where children have to walk to get to areas like school areas. Mr. Robichaud made the observation that a difference will be probably be noticed this year as the City is not ploughing sidewalks on overtime as per the budget submission and, if there is a storm on the weekend, the City will be waiting until Monday morning to start that process. It was suggested that the City Manager or Mr. Robichaud should not only write to Mr. Murphy in this regard, but should give him the courtesy of a telephone call to explain the situation. Question being taken, the motion was carried with Councillor A Vincent voting "nay". 84-478 COMMON COUNCIL FEBRUARY 7, 1994 13. City of Saint John Retired Members Association - Formal Complaints Under Pension Benefits Act On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the City of Saint John Retired Members Association submitting a copy of formal complaints lodged by the Association under the Pension Benefits Act of the Province of New Brunswick; and advising that the Association takes very strong objection that the pension plan is the subject of continued media attention -- be received and filed and the appropriate staff respond to Danielle Metivier, Superintendent of Pensions for the Province of New Brunswick, on the claim that three of the Trustees are in violation of their positions. Councillor Knibb, a Trustee of the City of Saint John Pension Plan, noted that the above letter contains two main issues, one dealing with him based on the Association's explanation in the above letter as to why he is in violation of section 17(3) of the Pension Benefits Act; and expressed the opinion that, having made the general statement that Council should not be congratulating persons who go out on disability because in fact it hurts the fund in that nothing would kill the fund faster and make it impossible for the retirees to survive if half the City staff retired on disability because they draw full pension and contribute far less than their share, in those circumstances his remarks are not prejudiced nor unfair, and he stands by them. With regard to the other issue of the City Manager and the Commissioner of Finance being in a conflict of interest position, Councillor Knibb suggested that, unfortunately, the Retirees somehow have the impression that the City is recommending that the Pension Plan be cancelled, as the recommendation was to ask the Province at some stage to provide legislation so that municipalities could, in fact, operate their pension plans unchanged, except that they would be under the by-laws of the municipality rather than under a Provincial act; and made the observation that Council will be considering in Committee of the Whole later this date a proposed new Pension Act. Mr. Wilson, Treasurer of the Board of Trustees, emphasized that the Association's conclusion is wrong with respect to what the City is trying to do in its request to the Province to amend the Municipalities Act to permit, sometime in the future, a municipality such as Saint John to repeal its Pension Act and have it administered by a by-law, as the City is not at the stage suggested by the Association, and also that it would be necessary to go back to the Legislature to request a change in the way the Pension Act is administered; referenced the 1992 attempt to have the Pension Act amended at which time not only the amendments opposed by the Trustees were lost but all the other amendments were lost as well; and expressed the opinion that this type of approach of using the Legislature, could be detrimental to what the Board is trying to do. During discussion Councillor M. Vincent advised that it would be his preference that the above letter should be referred to the City Solicitor for file purposes and to be called up when the City goes forward for changes to the legislation, and Mr. Rodgers advised that he has no problem with the resolution presently before Council. With regard to Councillors Gould and Knibb's indications that the proposed new Act could have been discussed in public session, Councillor M. Vincent, referencing his recent request to Council in Committee of the Whole to establish a policy of what would be in Committee of the Whole and abide by it rather than getting to open session of Council and subsequently deciding whether or not to take items from Committee of the Whole at that time, advised that, if Council wanted everything discussed in open session, he would certainly support it; however, he has no intention of sitting in Council and being placed in any form of a compromising position when other Councillors are saying that items should be in the open; whereupon he proposed a motion, which was seconded by Councillor A Vincent, that the teach-in regarding the proposed Pension Act, which is on the agenda of Committee of the Whole on this date, be added to the agenda for consideration at this time. Deputy Mayor McAlary noted the motion on the floor and called the question thereon. Question being taken, the motion was carried with Councillor A Vincent voting "nay". 84-479 COMMON COUNCIL FEBRUARY 7, 1994 On motion of Councillor M. Vincent Seconded by Councillor A Vincent RESOLVED that item 18, being a teach-in regarding the proposed Pension Act, be taken from the Committee of the Whole agenda of this date and added to the agenda for consideration at this meeting. Councillor M. Vincent served notice that, if this is going to continue, it would be his intention at each meeting to move a motion that all items in Committee of the Whole, with the exception of those affecting the liability of the City or personnel matters, be brought to open session; and advised that, while he would have hoped that Council would have dealt with this properly and established a policy as a team and followed it, he does not think that Council is conducting it properly by doing it piecemeal like this. Deputy Mayor suggested that, while she has no problem in having the 30 to 45 minute teach-in in open session, Council has not allowed staff to be prepared for a teach-in in open session and would have to give them an opportunity to get the material together. Councillor Coughlan advised that he respects the City Manager form of government and, in the absence of a strict policy, the item in question has been placed in Committee of the Whole because the City Manager has decided that is where he would like to have it; therefore, he would not support the above motion. Councillor Trites expressed concern with the above motion as he sees it as a reaction to what somebody else said as much as anything else; and expressed the opinion that the item should be discussed in Committee of the Whole for the reason that it is a detailed matter on which Council requires a good understanding and, because of time and space constraints, the media might only half report on the matter and, if the wrong half of the report were reported, it could lead to unnecessary community concern. Councillor Chase commented on the motion from the point of view that it would mean taking a piecemeal approach to agenda items and that Council should look at the whole thing, and not take a one-by-one approach; and Councillor Rogers suggested that the item in question meets the criteria for Committee of the Whole in that it relates to personnel and finances and, from a legal point of view, proposed legislation. Question being taken, the motion was lost with Deputy Mayor McAlary and Councillors Chase, Coughlan, Knibb, Landers, Rogers and Trites voting "nay". 14. Donna M. Gray - Application For Re-ZoninQ of 34 McLauQhlin Crescent On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of Donna M. Gray for the re-zoning of 34 McLaughlin Crescent 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 March 14, 1994. Question being taken, the motion was carried. 15. Multicultural Association of Saint John - re January 17 Request for Information On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Multicultural Association of Saint John referring to Council's response to its January 17 request for copies of letters or otherwise concerning the erection of a memorial in the Loyalist Burial Ground; re-iterating its request for all communications that have been communicated to the Council from all people concerned with the erection or clean-up of the Public Ground known as the United Empire Loyalist Burial Ground; and advising that, if the Council cannot supply it with all the information at its disposal, the 84-480 COMMON COUNCIL FEBRUARY 7, 1994 Association will be unable to make a reasonable decision on any offer that has been reported to have been made by the concerned people -- be received and filed. Councillor Coughlan initially proposed that Council respond to the above letter to the effect that the appropriate information will be given to it at the appropriate time, whereupon Deputy Mayor McAlary expressed the understanding that all public letters and documents that have been discussed in open session in this regard can be forwarded to the Association, and called for a motion to receive and file the above letter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk