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1994-02-14_Minutes 84-481 COMMON COUNCIL FEBRUARY 14, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of February, AD. 1994, at 7:00 o'clock p.m., being the day fixed for swearing in Mayor-elect Thomas J. Higgins. present Thomas J. Higgins, 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. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; G. Tait, Fire Chief; K. Galbraith, Manager of Public Affairs; Mrs. M. E. Gray, Administrative Assistant/Secretary to Mayor; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Also present at the meeting was a large assembly of relatives and friends of the Mayor-elect, and other interested citizens. 1. MeetinQ Called To Order Deputy Mayor McAlary called the meeting to order, and Mr. Kenneth Galbraith, Sergeant-at-Mace, bearing the City Mace, entered the Council Chamber, followed in procession by Mayor-elect Thomas J. Higgins, escorted by Mr. David Sherwood, Chief of Police; and Mrs. Mary L. Munford, Common Clerk. 2. Administration of Oath of Office to Mayor HiQQins Thomas J. Higgins, Mayor-elect, took the Oath of Mayor before the Common Clerk of the City of Saint John, and took his seat at the Council table. 3. Invocation A special invocation was offered by Reverend Raymund Stack, Pastor of St. John the Baptist Roman Catholic Parish. 4. Mayor's Address Mayor Higgins gave the following address:- "Deputy Mayor, Members of Council, Ladies and Gentlemen - It is with pride and eagerness that I accept the honour of receiving from the citizens of Saint John the mandate to become the sixty-second Mayor of this wonderful City. To my wife, Dorothy, my family, my extended family, my friends and supporters, I extend my thanks for their affection, understanding and patience, especially during the last two months. I take this opportunity to commend Deputy Mayor Shirley McAlary for the fine job she did through trying times. I would also like to thank the Deputy Mayor, members of Council, and City management for making me feel welcome, and for being so cooperative and helpful in attempting to get me up to speed with the many issues facing the City. Having expressed my appreciation to the citizens of Saint John for providing me this opportunity to serve, I think it is important for me to take a few moments to set out those areas in which I believe I can make a significant contribution during the next fifteen months. 84-482 COMMON COUNCIL FEBRUARY 14, 1994 First of all, I recognize that Council is a reflection of the community in which we live. We are simply eleven individuals with varied backgrounds and interests, each having a different perspective on any issue coming before us as a Council. At the very outset of my tenure as Mayor, I want to commit to each Councillor that, as Chairman, I welcome and will respect each Councillor's right to openly express their views on any issue. After all, each of you has been elected as a Councillor because you, indeed, represent a viewpoint shared by many in the community and, as such, your views should be heard and respected. In return, I must ask Council to remember that, in addition to being a reflection of the community, we are also a reflection on this City and its administration. During the recent campaign, I had the opportunity to meet with hundreds of citizens, and seldom did I encounter someone objecting to the initiatives being undertaken by the City. Generally, I found citizens very much enthused about the future of this community and appreciative of the amenities and services that have been provided by the City. What I did encounter was that citizens from all walks of life expressed the view that Council conduct its business in a professional business-like manner, thus projecting a positive image for the citizens, as well as the entrepreneurs and companies with whom we plan to attract to the City. I believe that the onus is on all of us to reflect on how we handle the business of this community, the courtesy and respect we afford one another and to our staff. As each of you know, I have expressed this concern privately and now I want to publicly ask for support from each and every Councillor in this regard. During the last couple of weeks, I have had the opportunity to meet with the City Manager and discuss the initiatives that have recently been announced in the 1994 budget and the workforce adjustment program. It is my belief that Council and the administration, working together, arrived at a course of action that is in the best interests of the majority of our citizens. I recognize that some decisions were not easy, but I commend Council for its commitment to make these decisions. It is my intention to continue to foster a close working relationship between Council and staff so that all of us can find solutions to the challenges that lie ahead. With change, there is always anxiety. I suspect that nowhere is this more prevalent than within our labour force at the current time. I recognize that it is not necessarily one particular employee group that has exclusive rights to the answers to the problems that lie ahead. Management cannot set about its course without the cooperation of the unions and, conversely, unions' future lies in their ability to be more adaptive and flexible in a fast-changing world. My commitment to management and the Unions is to work with both groups to arrive at solutions which are, first of all, in the best interests of citizens and, secondly, in the best interests of employees. Finally, I want to state that I recognize the success of this Council is very much dependent on our ability to work with others who have a vested interest in the future of this community. We cannot afford to ignore the initiatives being taken by the other levels of government, and establishing post-professional relationships with our local MLAs and MPs is paramount to our success. Equally important will be our ability to form effective working partnerships with such groups as the Board of Trade, Uptown Saint John Incorporated, the Greater Saint John Economic Development Commission and others. The future of providing service to the community will rest with our ability to joint venture with others. Tonight, I want to commit to citizens and these various groups that, during the next fifteen months, my priority will be to enhance these relationships, both at the political and administrative levels." Mayor Higgins stated he is honoured to be the Mayor of Canada's oldest incorporated City and pledged to do the best possible job he can and to conscientiously serve the community of people of this City. 5. Mayor's Remarks Mayor Higgins urged all citizens to support the Big Brothers-Big Sisters Annual Bowl-For-Kids campaign to be held at the Saint John Bowlarama on February 19; and proclaimed February 20-26 to be Heritage Week and February 21 as Heritage Day in the City of Saint John. 84-483 COMMON COUNCIL FEBRUARY 14, 1994 Council members extended congratulations and best wishes to Mayor Higgins, and commended Deputy Mayor McAlary for her efforts on behalf of Council during the vacancy in the Office of Mayor. Councillor Trites extended congratulations to the members of the curling team skipped by Ellen Brennen from the Thistle-St. Andrews Curling Club for successfully defending their Provincial Ladies Senior Championship and will be representing New Brunswick in the forthcoming national championship bonspiel. * Added Items On motion of Deputy Mayor McAlary Seconded by Councillor Coughlan RESOLVED that two items which were considered in Committee of the Whole earlier this date be added to the agenda for consideration at this meeting, one being a recommendation on a motor vehicle for the Mayor as item 11A, and a recommendation with regard to the Greater Saint John Economic Development Commission as item 11 B. Question being taken, the motion was carried. 6. Approval of Minutes On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on February 7, 1994, be approved. Question being taken, the motion was carried. 7. Municipal Plan Amendment and Re-Zoning ManawaQonish Road & WestQate Drive Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land located at the intersection of Manawagonish Road and Westgate Drive, being NBGIC Numbers 469700 and 55098222, and having a lot area of approximately 9 acres, from District Centre Commercial to Low Density Residential classification, to permit re-zoning of the site from "B-2" General Business to "R-1A" and "R-1 B" One-Family Residential classification, in conjunction with the development of a residential subdivision, as requested by Hughes Surveys & Consultants Ltd. for 051833 N.B. Ltd. Mayor Higgins asked that Council members hold their motions until the Common Clerk has had an opportunity to identify the item being considered. 8. Progress Payment Contract 93-17 St. John Street - Walsh Place Water & Sewer Construction On motion of Councillor Trites 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 93-17: St. John Street - Walsh Place Water & Sewer Construction Nautilus Construction & Rentals Ltd. Original estimated value of work Total work done, Estimate Number 2 109,407.79 Retention Payments previously approved $299,212.90 Nil 88,070.58 84-484 COMMON COUNCIL FEBRUARY 14, 1994 Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated February 3, 1994 Final holdback release for completed portion of project. 21,337.21 1,395.89 $ 21,337.21 Question being taken, the motion was carried. 9. Temporary Approval of Mobile Home - 890 Lorneville Road Consideration was given to a report from the City Manager submitting a copy of a letter from Kevin G. Campbell listing the reasons why he is requesting permission to leave his mobile home on his lot of land at 890 Lorneville Road; noting that Council, since November 1989, has granted three consecutive one-year approvals for the subject property; and suggesting that, as staff cannot support the applicant's request for a fourth year and if the mobile home placement is to continue, the appropriate venue for Council to consider this application is through the re-zoning process. The report also advises that, in view of the circumstances, staff considers it appropriate to allow the applicant three months (due to the time of year) to have the mobile removed from the premises; and recommending that the mobile home be removed from 890 Lorneville Road no later than May 15, 1994. A motion was proposed by Councillor Knibb and seconded by Councillor Landers to adopt the City Manager's recommendation. On motion of Councillor Chase Seconded by Councillor Landers RESOLVED that item 12 from the agenda of this meeting be brought forward for consideration at this time. Question being taken, the motion was carried. 12. Donald Robinson's Objection to Mobile Home. 890 Lorneville Road Consideration was also given to a letter from Donald Robinson advising that he owns a home at 860 Lorneville Road, and explaining why he is objecting to the application for an extension of a one-year permit filed by Mr. Kevin Campbell so as to allow his trailer to remain on the adjacent lot. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the mobile home be removed from 890 Lorneville Road no later than May 15, 1994: AND FURTHER that the letter from Donald Robinson regarding the mobile home at 890 Lorneville Road be received and filed and Mr. Robinson be informed of the action taken. During discussion Mr. Bedford advised that staff has had extensive discussions with Mr. Campbell since the November 1993 expiration of the temporary approval, as well as two formal contacts by letter informing him of the fact that he had not complied with Council's wishes; and the mover and seconder of the proposed motion agreed to include item 12 in the motion. Question being taken, the motion was carried. 84-485 COMMON COUNCIL FEBRUARY 14, 1994 10. Incident on Germain Street On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager responding to Council's request for further information regarding an incident at 157 Germain Street on February 1 and the Fire and Police response in this regard -- be received and filed. Question being taken, the motion was carried. 11. Committee of the Whole Report 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 February 7, 1994, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Knibb, Landers, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the store in the Old Provincial Building at 114 Prince William Street, with an area of approximately 600 square feet, be leased to Non Entity Press Ltd. at a rental of $600 per month for a period of one year commencing February 1, 1994, with the City to be responsible to supply heat and exterior maintenance. 2. That as recommended by the City Manager, the former fire station at 20 Church Avenue be sold to Peter A Martin Ltd. under the following terms and conditions:- (1.1) the purchase price to be $36,000; (1.2) the City to retain an option to reacquire the property for the purchase price if the exterior of the property has not had the stucco removed and the windows replaced within three months of the transfer of the property; (1.3) the sale to be dependent on the successful re-zoning of the property to permit the proposed use; (1.4) agreement to sell the property does not implicitly nor explicitly obligate the City to complete the re-zoning; (1.5) Peter A Martin Ltd. be authorized to apply for the necessary re-zoning of the property, such application to be made within 15 business days of the approval of the sale by Common Council; and (1.6) the transfer to take place within 30 days of the completion of the re-zoning process; and (2) the former fire station at 298 Main Street be sold to Peter A Martin Ltd. under the following terms and conditions:- (2.1) the purchase price to be $28,200; (2.2) the City to retain an option to reacquire the property for the purchase price if the roof is not replaced, the 2nd floor cleared, and the problems with the condition of the apparatus bay floor resolved within six months of the transfer of the property; (2.3) the sale to be dependent on the successful re-zoning of the property to permit the proposed use; (2.4) agreement to sell the property does not implicitly nor explicitly obligate the City to complete the re-zoning; (2.5) Peter A Martin Ltd. be authorized to apply for the necessary re-zoning of the property, such application to be made within 15 business days of the approval of the sale by Common Council; and (2.5) the transfer to take place within 30 days of the completion of the re-zoning process. February 14, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 84-486 COMMON COUNCIL FEBRUARY 14, 1994 11 (1). Rental of Office Space 114 Prince William Street On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 11 (2). Sale of Former Fire Stations On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. *11A. Greater Saint John Economic Development Commission On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the Greater Saint John Economic Development Commission, Mr. Steve Carson be engaged as a consultant by the City to manage the activities of the Commission, commencing February 21, 1994, to expire not later than June 30, 1994, on the following conditions:- (1) direction will be given by the Greater Saint John Economic Development Commission, which will review his performance on a regular basis; and (2) Mr. Carson will be paid at the rate of $44.50 per hour, with a maximum of 35 hours per week, and be entitled to reimbursement for all reasonable and necessary expenses incurred in connection with the performance of his duties, and that the Mayor and Common Clerk be authorized to sign whatever documents are required for this consulting engagement. Question being taken, the motion was carried. *11 B. AssiQnment of Motor Vehicle to Mayor On motion of Councillor Chase Seconded by Councillor Landers RESOLVED that a motor vehicle be assigned to the Mayor as incidental to the discharge of duties. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Mayor Higgins invited those in attendance to a reception following the meeting. Question being taken, the motion was carried. 84-487 COMMON COUNCIL FEBRUARY 14, 1994 Common Clerk