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1994-03-07_Minutes 84-514 COMMON COUNCIL MARCH 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 March, AD. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Trites, A Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 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; B. Malone, Planner; K. Galbraith, Manager of Public Affairs; J. Mcintyre, Manager of Industrial Relations; D. Sherwood, Chief of Police; J. Morrison, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call to Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on February 28, 1994, be approved. Councillor A Vincent, referring to the matter of the Interns Residence and Walkway considered at the last meeting, expressed concern that the property is open to the public, and asked for assurance that the Building Inspector will see that the windows are boarded up and the owner notified forthwith; and Mr. Totten made the observation that the reason that the item was before Council was because, in the opinion of the Building Inspector, the property was not secure and has not been secure for quite some time; however, last week because of some legal complications, staff, with some risk, thought it was appropriate to afford the owner an opportunity to obtain some technical information with respect to the steel structure; and advised that, while staff did undertake to have discussions with the owner about securing the property, he would not want to leave the impression that staff will be successful in having that property secured. (Councillor Trites entered the meeting during the above discussion.) Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins extended messages of sympathy to Assistant City Manager of Operations Charles Robichaud, and the Robichaud family, on the passing of his father, Mr. Henry Robichaud, this past week; and to Councillor Kathy Rogers, on the death of her sister, Linda Gallant, on March 6. Deputy Mayor McAlary noted that International Women's Day is being celebrated on March 7 and 8; and Mayor Higgins advised that Saint John Pro Sports Inc. and the Saint John Flames are making every effort in an application to bring the first American Hockey League All-Star Game to Saint John in 1995, and are optimistic of getting this bid for an AHL All-Star Game for at least 1996; and welcomed to the Council Chamber members of the 8th Courtenay Scout Troop who are working toward their citizenship badge. 84-515 COMMON COUNCIL MARCH 7, 1994 The Mayor welcomed to the Council Chamber representatives of the Irish-Canadian Cultural Association of Saint John and, at his invitation, Dr. Danny Britt addressed Council concerning the activities scheduled for the March 11 to 17 St. Patrick's Week celebration in the City of Saint John, noting that the 1994 marks the 10th anniversary of the celebration. * Added Item Mayor Higgins called for a motion to add to the agenda of this meeting as item 3A, item 31 from the Committee of the Whole agenda of this date, being the City Manager's report on the Rifle Range rehabilitation project, which was inadvertently placed in Committee of the Whole. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting as item 3A. Question being taken, the motion was carried. *3A. Rifle RanQe Rehabilitation Project Consideration was given to a report from the City Manager advising that CMHC is advertising tenders in early March for the rehabilitation of its properties on Elizabeth, Roberts, Margaret, Foulis and Cabot Courts in the Rifle Range and, in conjunction with this work, the City is planning to replace existing concrete block manhole and existing concrete block valve chambers, and to separate the sewer system within the area being rehabilitated by CMHC, with no work to be done on Churchill Boulevard with the exception of connecting storm sewers into the trunk sewer main; also advising that the estimated cost of this work is as follows:- (1) water $60,000; (2) sanitary $100,000; and (3) storm $100,000, and that, if this work is to be coordinated with CMHC, tenders for the City's portion will have to be advertised in March and awarded in April, which is before the 1994 Capital Works Program details are presented to Council for approval; and submitting 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 provide $100,000 in the 1994 Storm Sewer Capital Program, $60,000 in the 1994 Water Capital Program, and $100,000 in the 1994 Sanitary Sewer Capital Program in order to fund the necessary work in conjunction with the Rifle Range Rehabilitation Project. Deputy Mayor McAlary asked if crosswalks and lights on Churchill Boulevard, which was the subject of a previous report to Council about a year ago, are part of the above project, to which Mr. Armstrong replied that, in the preparation of the Capital Programs for Transportation, staff is considering work on Churchill Boulevard which will be brought forward to Council around the end of March when dealing with the details of the Transportation Programs. Question being taken, the motion was carried. 4. Grievance HearinQs Read a letter from Councillor Coughlan advising that it is his belief that, while traditionally grievances reaching the Common Council level have been heard in Committee of the Whole, this process should cease and that future hearings should be conducted in open session of Council. Councillor Coughlan suggested that Council should have input on the above matter from the four civic unions and City management as to the appropriateness of changing the process; and also that, while traditionally Council has dealt with personnel issues in closed session, grievances are extremely expensive 84-516 COMMON COUNCIL MARCH 7, 1994 issues considering two recent arbitrations that took approximately seven and six days, respectively, dealing with Local 61 and Local 18 at a cost of thousands of dollars to the municipality, not to mention the time employees were off the job in arbitration; therefore, in a public forum there might be an opportunity to possibly expedite a conflict resolve to these disagreements in that grievances may not necessarily reach the Council forum if management and union were to give a little extra effort and have a little more respect for each side. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager and the City Solicitor with a clear understanding that sufficient input is to be requested from each of the Executives of the City's four Locals. Councillor A. Vincent suggested that, as the Local 61 collective agreement is silent with respect to grievance hearings, Council already has the right to decide whether grievances are to be heard in open or closed session; and expressed the view that the City cannot win publicly with respect to grievances. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 5. Progress Payment - Replace FloorinQ, Main Level City Hall On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract - B & N Flooring/ Coastal Tile Ltd. PC000010858 Replace flooring, Main Level - City Hall Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, February 28, 1994 Holdback release. $14,150.00 14,524.50 Nil 12,027.50 $ 2,497.00 Question being taken, the motion was carried. 6. Rockwood Park Golf Course Lease Renewal Food & BeveraQe Service On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the lease with Bob and Connie Creamer for the operation of the canteen concession at the Rockwood Park Municipal Golf Course be extended from March 9, 1994 to December 31, 1994 for $4,550, with the provision that the City of Saint John may terminate the lease on 30 days written notice, and that the Mayor and Common Clerk be authorized to execute the lease renewal. Question being taken, the motion was carried. 7. Street Vendors Consideration was given to a report from the City Manager resubmitting a copy of the report considered by Council on January 17 respecting street vendors which suggested a number of policy directions, and directed Planning staff to 84-517 COMMON COUNCIL MARCH 7, 1994 undertake additional consultation and the Legal Department to redraft the appropriate by-laws accordingly; advising that, while licensed vendors Guy Bourque and John Kehoe strongly advocate that hours of operation be extended to 3:00 a.m., it is recommended that the proposal to extend hours further to 3:00 a.m. be considered again in 1995 after a season of experience with the current by-law amendments; also advising that Planning staff has completed consultations with vendors, Uptown Saint John Inc., the Board of Trade, the managers of the Hilton and Market Square and various City departments, and all those who obtained a vendors license in 1993 were contacted by mail; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, (1) the appropriate by-laws be amended to incorporate the proposed by-law revisions listed on Schedule A as submitted with the City Manager's above report, Schedule A being a consolidation of the proposed by-law amendments from the above report and the City Manager's report of January 17; (2) Council again consider extending vending hours to 3:00 a.m. in 1995, after a season of experience with the current by-law amendments; and (3) for the first year a public auction process will be used to generate bids for sites. During discussion the matter of extending the vending hours to 3:00 a.m. was broached; and, in response to Council queries, Mr. Bedford explained that, as South Market Street is not a public street, licensed vendors under the Sidewalk By-Law would not be permitted there unless they have the permission of the City Market management; and suggested that, based on his understanding that from a legal perspective the City does not have the power to regulate the appearance of these carts, staff could review this matter further if Council so wished; and Mr. Malone advised that staff contacted by mail the approximate eighteen vendors who received licenses in 1993 and two of the vendors responded personally. Moved in amendment by Deputy Mayor McAlary Seconded by Councillor Landers RESOLVED that the vending hours be amended to extend them to 3:00 a.m. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 8. Provincial Initiatives Towards Municipalities - Report On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the City Manager submitting a copy of the report "Provincial Initiatives Towards Municipalities: An Analysis", which was prepared at the request of the four municipal associations in the Province and is intended to provide municipalities with some insight into the effect that Provincial initiatives, specifically the Transfer Reduction Program, the CLURE Report, the Grant Report and Government Restructuring, will have on municipal tax rates; and advising that staff's view, which is shared by the five other cities, is that this Report is a starting point and that the Cities Association must continue to actively pursue those initiatives that are in the best interests of the urban areas, and that at a meeting in Fredericton on Thursday past it was agreed by representatives of the cities to have further discussions at ensuring that the interests of the Cities Association are of paramount importance at the Provincial level -- be received and filed. Question being taken, the motion was carried. 84-518 COMMON COUNCIL MARCH 7, 1994 9. Challenge '94 Student Summer Emplovment ProQram - Applications On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager listing the positions with which the City is able to proceed under Challenge '94, the Federal subsidy program for student summer employment; advising that the Executive of Local #486 has advised that it concurs with these applications, and also that the positions identified are not related to the work of other bargaining units; and recommending that Common Council authorize execution of the necessary application/agreements by the Mayor and Common Clerk for submission to Employment and Immigration Canada by March 11, 1994 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 10. Federal Infrastructure ProQram On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the City Manager advising that, further to the report to Committee of the Whole on February 7 proposing several projects to pursue as an application to the Canada/New Brunswick Infrastructure Program, staff has now processed individual applications for each project and submitted them by the March 1 deadline; commenting on the following projects as listed, with the estimated cost and City share, respectively:- Wastewater Strategy $13,100,000 - $4,366,000; Streets - $5,200,000 - $1,734,000; Museum $1,100,000 - $367,000; Industrial Parks $1,500,000 - $500,000; and Lead Services $2,000,000 - $667,000, for a total of $22,900,000; and recommending that the list as submitted be submitted to the Infrastructure Program Secretariat as the City of Saint John's application to the Canada/New Brunswick Infrastructure Program -- be received and filed and the recommendation adopted. Councillor Gould expressed the view that the Infrastructure Program is a municipal, not a Provincial, infrastructure program, based on an article in the January- February 1994 issue of FORUM, the official publication of the Federation of Canadian Municipalities, and that possibly the City should attempt to obtain funding for a new police headquarters; disagreed with the indication that Common Council has approved the New Brunswick Museum proposal in that, while discussions on this have gone on for months, much of the time Councillors were not even aware of it and that someone, maybe a board or a commission, committed the City to the Museum proposal without even informing Council; and advised that he does not believe that the Museum proposal qualifies for Infrastructure grants as it is the responsibility of the Province. Councillor Gould suggested that, if Council wants to proceed with the Museum on the list, there is much more that should be told the public in that it involves more than just the $367,000 from the City to get the project started and other commitments could cost the City millions of dollars, and the City has no responsibility for the Museum; and asked that, as he approves of everything in the above list except for the Museum item, Council deal with everything except the Museum item so that he can support the items of which he is in favour. Councillor A. Vincent, in indicating support of Councillor Gould's remarks, suggested that Council should meet with the MLAs with respect to the Museum. Mr. Totten clarified that what Council is approving at this time is an application to be made under the Infrastructure Program for, for example, $1,100,000 for the Museum and that in addition to that, as Council knows, the Museum and others have been having negotiations with a number of government departments and, eventually, the matter will come back to Council for support or rejection of a move of the New Brunswick Museum to Market Square; so, while there is an application before Council, there is another step as Council retains the right to enter into an agreement involving subsidies, rents and such and that, when the time is right, the agreement will be submitted to Council in open session and; with regard to Councillor Gould's suggestion that the time has come to outline to the people of Saint John exactly what the total Museum deal really is, Mr. Totten advised that there are discussions going on 84-519 COMMON COUNCIL MARCH 7, 1994 that would involve the Province of New Brunswick making a significant commitment to the community and he would not want to publicly state anything at this time that would upset those discussions between the owners and the Province. Question being taken, the motion was carried with Councillors Gould and A. Vincent voting "nay". 11. Environment Committee - Terms of Members On motion of Councillor M. Vincent Seconded by Councillor Chase RESOLVED that the letter from the Environment Committee noting that the terms of its members all expired as of January 1, 1994; and advising that, due to the fact that the Committee has not received any notification of reappointment and/or renomination, the Committee is disbanding until such time as it receives notice from Council of its status -- be referred to the Nominating Committee and the City Manager. Deputy Mayor McAlary noted that the Strategic Plan Review Committee recommended that the Environment Committee's mandate be increased, and the previous City Manager was asked to assist in this regard; however, because of a change in staff this has not been done and that, once a new mandate is in place, the matter will be considered again by the Nominating Committee to put the Environment Committee back in place. Mr. Totten advised that the Chairman of the Nominating Committee has his report dealing with his views on the Environment Committee in anticipation that the Nominating Committee would deal with it and at some time bring the matter before Council. Councillor Knibb suggested that all of the big environmental issues are now being dealt with in environmental impact studies, and the Committee should be disbanded. Councillor Trites, Chairman of the Strategic Plan Review Committee, asked the status of the anticipated report from the City Manager on the recommendations which came through the Committee, one of which was for a review of the entire mandate and focus of the Environment Committee, to which Mr. Totten replied that he would be quite prepared to discuss his views on the Environment Committee at the appropriate time, having responded to the Nominating Committee as requested. Question being taken, the motion was carried with Councillor Knibb voting "nay". 12. Premier Frank McKenna - BudQet Process On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Premier Frank McKenna commending Council and all municipal staff for a tremendous effort with the completion of the 1994 municipal budget process -- be received and filed. Question being taken, the motion was carried. 13. FCM - AQenda For CominQ Year On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Federation of Canadian Municipalities acknowledging receipt of Council's membership fee to March 31, 1995; and advising that FCM has a full agenda for the coming year focusing on three major issues, namely: the successful implementation of the Intergovernmental Infrastructure Program with a view to having the program renewed in 1996; the new Liberal Government's commitment to abandoning or restructuring the GST; and ending the odious Federal freeze on payments of property taxes -- be received and filed. Councillor Knibb suggested that Council should make public the 84-520 COMMON COUNCIL MARCH 7, 1994 communique from FCM (copies of which were forwarded to Council members as an information item) indicating that the budget leaves the Federal property taxes in limbo, and should pursue the matter with the City's Member of Parliament, and that the City Manager should be instructed to draft a letter for Council to the City's Member of Parliament, Elsie Wayne, with a copy to Paul Zed, Member of Parliament Fundy-Royal, in this regard. Question being taken, the motion was carried. 14. Uptown Saint John Inc. Monument in Lovalist Burial Ground On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from Uptown Saint John Inc. indicating its support for the proposal to place a monument to the late K.C. Irving in the Loyalist Burial Ground; and submitting a copy of a letter from the Corporation to Mr. Arthur Irving in the hopes that discussions between the City and the Irvings can resume so that the project will soon come to fruition -- be received and filed. Question being taken, the motion was carried. 15. Strait Crossing Inc. - Federal Government Infrastructure ProQram On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Strait Crossing Inc. advising that its primary focus for the next two years will be the Federal Government's Infrastructure Program, and that it is attempting to identify the City's "wish list" as to projects which it would like to have qualified under this Program; and requesting information on the City's five-year plan for capital projects and, specifically, learning which of those projects identified would be appropriate for inclusion in the Program, as well as any other capital projects which may not qualify for the Program but may be pursued on a privatization or user pay model -- be referred to the City Manager. Question being taken, the motion was carried. 16. Crane Mountain As Site For Sanitary Landfill On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the following letters regarding Crane Mountain as a site for a sanitary landfill from (a) Elmer and Joyce Mersereau advising that, as official members of the River Road Action Team, they wish to add their voices in opposition to the proposed site of Crane Mountain for a sanitary landfill site; (b) Eric G. and Florence P. Chapman voicing their displeasure as to the proposed location; and (c) D. Sidney Hyslop stating his strong support for the location of the sanitary landfill site at the Paddy's Hill location and his very strong objections to the site at Crane Mountain -- be received and filed and copies be forwarded to Fundy SWAT. Question being taken, the motion was carried. 17. St. John's Stone Church - PornoQraphv On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from St. John's Stone Church expressing concern that little action has been undertaken by the City in order to restrict the type of enterprise selling pornographic items, and assuring Council 84-521 COMMON COUNCIL MARCH 7, 1994 of its support of any measurers it takes which would indicate that pornography is unwelcome in the City and that the City is determined to do something about it -- be referred to the City Solicitor. Mr. Rodgers advised that his report dealing with the issue of pornography should be before Council within the next two weeks, and possibly at the next meeting. Question being taken, the motion was carried. 18. Saint John Home Builders Association Inc. Involvement In Future Residential Developments On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Saint John Home Builders' Association Inc. advising that it would like to be included in discussions with the City and Council regarding the five-year plan for future residential development, lot sizes and density; and suggesting that, as it is concerned about the future of the home building industry, by working together new home construction in Saint John can be encouraged -- be referred to the City Manager. Question being taken, the motion was carried. 19. Gay Wittrien and Frank J. Hogan "Stoop-and Scoop" Bv-Law On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Gay Wittrien and Frank J. Hogan noting that some time has passed since the subject of a "poop-and-scoop" by-law has been before Council; and advising that, as the recent snow melt has unveiled a considerable accumulation of this nuisance, a number of citizens concur with them that it is time to revisit this issue; requesting that the same strong stand be taken as in implementing a Smoking By-Law and a similar procedure be followed in this case; and suggesting that a referral to the City's Environment Committee with direction to City staff to examine by-laws in other communities would be timely and appropriate, and several by-law options could then be presented to the Committee which, in turn, would make recommendations to Council -- be referred to the City Manager. Councillor Knibb initially proposed a motion to receive and file the above letter, whereupon Mayor Higgins suggested that it should be referred to the City Manager. Question being taken, the motion was carried. 20. Grove Construction (1986) Inc. - Section 39 Amendment To Re-ZoninQ 2435 Golden Grove Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Grove Construction (1986) Inc. for a Section 39 amendment to the conditions of re- zoning of 2435 Golden Grove Road 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 April 11, 1994. Question being taken, the motion was carried. 21. New Direction Inc. Re-ZoninQ 26 Tavlor Avenue On motion of Councillor Knibb 84-522 COMMON COUNCIL MARCH 7, 1994 Seconded by Councillor Chase RESOLVED that the application of New Direction Inc. for the re-zoning of 26 Taylor Avenue 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 April 11, 1994. Question being taken, the motion was carried. 22. The Marco Polo Project On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from The Marco Polo Project Inc. announcing that the novel "To Hell or Melbourne", written by Betty (Flora) Kidd and printed by MacMillan Press Ltd. of Saint John, is now available in book stores -- be received and filed and The Marco Polo Project Inc. be complimented on the publication of the novel. Mayor Higgins, displaying a copy of the novel in question, advised that he had the honour earlier this date to represent Council at the public presentation of the Betty (Flora) Kidd novel. Question being taken, the motion was carried. 23. Saint John Construction Association - Uptown StrateQV On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Construction Association Inc. advising that the Development Working Group, which was set up by Common Council to look into streamlining the overall development process, has been meeting on a continuing basis and is making progress in assisting people and firms in getting through the planning and development process; and asking for Common Council's consideration of referring the Uptown Strategy Report to the Working Group as it is directly related to its work -- be referred to the City Manager. Question being taken, the motion was carried. 23A. Three Mile Beverage Room (1978) Ltd. Re-ZoninQ of 25, 27 & 29 Golden Grove Road On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Three Mile Beverage Room (1978) Ltd. for the re-zoning of 25, 27 and 29 Golden Grove Road 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 April 11, 1994. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 84-523 COMMON COUNCIL MARCH 7, 1994 Common Clerk