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.
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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.
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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
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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.
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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.
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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.
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COMMON COUNCIL
FEBRUARY 14, 1994
Common Clerk