1994-05-16_Minutes
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COMMON COUNCIL
MAY 16,1994
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixteenth day of May, AD. 1994, at 4:00 o'clock p.m.
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; S. Bedford,
Commissioner of Development Services; S. Armstrong, Director
of Engineering; W. D. Todd, Director of Housing and Property
Management; S. Galbraith, Director of Supply and Services; B.
Morrison, Director of Parks; J. Brownell, Director of Recreation; D.
Logan, Purchasing Agent; K. Galbraith, Manager of Public
Affairs; W. Edwards, Operations Engineer, Works; D. McCaig,
Parks; B. Palmer, Parks; G. Ingraham, Assistant Deputy Chief of
Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce,
Assistant Common Clerk.
1. Call To Order - OpeninQ Prayer
The Mayor called the meeting to order and offered the opening prayer.
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 May 9, 1994, be approved.
Question being taken, the motion was carried with Councillor A Vincent
voting "nay".
Councillor A Vincent noted that, although an update report from the City
Manager in Committee of the Whole on this date references reports on the Simonds
Arena, the consultant's report on the Arena is not on the agenda of this meeting as he
requested at the last meeting of Council.
Note was made by Councillor Coughlan and Councillor Gould, a member
of the St. Joseph's Hospital Foundation, of a Foundation-sponsored Women's
Luncheon & Seminar on June 1, in support of the Breast Screening Program at the
Hospital.
(Councillor Rogers entered the meeting.)
3. Mayor's Remarks
The Mayor noted the forthcoming celebration in the City on May 18 of
the landing of the Loyalists in 1783 and the 1785 granting of the Royal Charter to Saint
John by King George III; and welcomed to the Council Chamber Mr. Wallace P.
MacMurray, President of the N.B. Branch of the United Empire Loyalists Association,
who addressed Council concerning the activities planned for the May 18 celebration.
Honourarv Charter Officials
The Mayor noted that, for the past several years, the City has selected
citizens to receive Honourary appointments to the ancient Charter Offices for a period
of one year in recognition of their contribution to the City through their volunteer efforts;
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and, having noted the accomplishments of the appointees for 1994, presented
Certificates to the following Honourary Charter Officials: Doreen Hamilton - Gauger; Dr.
Stephen Clark - Warden of the Port; William Swagerman - Bell Ringer; Marilyn
Galbraith - Surveyor of Bread; Brian Beckingham - Inspector of Timber; Clifford Warner
- Pilot; Ronald Park - Port Master; Marian Perkins - Inspector of Fish; Marian Lewis -
Surveyor of Highways; and Ann Andrews - Measurer of Food Stuff. The Mayor advised
that Marguerite Watts, who is being named Surveyor of Provisions, was unable to be
present at this meeting and will receive her Honourary Certificate at a late date.
The Mayor proclaimed May 22 to 28 to be Missing Children's Week in
support of Child Find, and May 19 to be Arbor Day in the City of Saint John.
The Mayor recognized the presence at the meeting of Parks Department
staff members Messrs. D. McCaig and B. Palmer and, reading from a letter from the
City Manager, commended Mr. Blake Palmer, Superintendent of Rockwood Park Golf
Course, on having been selected in 1993 by both Atlantic Canada and the Canadian
Golf Superintendents Association as the 1993 Golf Course Superintendent of the Year,
and displayed the award with which Mr. Palmer was presented at the National Score
Awards Dinner in Toronto this past weekend.
3A. Clean-Up Week
Consideration was given to a letter from Deputy Mayor McAlary
expressing appreciation to the City's Sanitation workers for the additional work relative
to Clean-Up Week.
Deputy Mayor McAlary noted the additional work required by the City's
Sanitation crew during Clean-Up Week.
4. ProQress Payment - Fire Stations #5 and #7
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 - Fire Stations #5 and #7
Opron Maritime Construction Ltd.
Original estimated value of work
Total work done, Estimate Number 14
Retention
Payments previously approved
Sum recommended for payment, Progress
Estimate Number 14, dated May 10, 1994
Partial release of holdback.
$2,941,000.00
3,057,031.76
11,342.00
2,977,691.26
$ 67,998.50
Question being taken, the motion was carried.
5. Tender For Wheel Loader
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender of Atlantic Tractors and Equipment Ltd., in the amount
of $150,000, less $45,000 trade-in (plus taxes), be accepted for a wheel loader, and
the Mayor and Common Clerk be authorized to execute the necessary seven-year total
cost bid contracts.
Question being taken, the motion was carried.
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6. Tender For Loader Backhoes
On motion of Deputy Mayor McAlary
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, the tender of Lounsbury Industrial Ltd., in the amount of $82,000 (plus
taxes), be accepted for tender 94-022 for one loader/backhoe; and the tender of
Atlantic Tractors and Equipment Ltd., in the amount of $65,000 (plus taxes), be
accepted for tender 94-023 for one loader/backhoe, and that the Mayor and Common
Clerk be authorized to execute the necessary seven-year total cost bid agreements.
Question being taken, the motion was carried.
7. Tender For BridQe Road Flow Meter
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, the tender of Security Mechanical Ltd., in the amount of $25,400 (taxes
included), be accepted for the supply and installation of a new Bridge Road water flow
meter.
Question being taken, the motion was carried.
8. Tender For Two Cars
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the tender of Lorne Brett Chevrolet GEO Oldsmobile Cadillac, in
the amount of $9,237 per each (plus taxes), be accepted for the supply of two new sub-
compact automobiles to the Building Inspection Department.
Question being taken, the motion was carried.
9. 1994 Maintenance Agreement
Provincially-DesiQnated HiQhways
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the Mayor and Common Clerk be authorized to execute the Maintenance
Agreement for Provincially-designated highways - 1994.
Question being taken, the motion was carried with Councillors Gould and
A. Vincent voting "nay".
10. Lease - 112 Prince William Street
Read a report from the City Manager advising that, while the rentals
stated in Common Council resolution of January 4, 1994 concerning the lease of space
at 112 Prince William Street to "Wild Willies" are payable monthly, the resolution does
not indicate this, and recommending an amendment to the resolution in this regard.
On motion of Councillor Knibb
Seconded by Councillor Rogers
RESOLVED that as recommended by the
City Manager, Common Council resolution of January 4, 1994, concerning the lease of
space at 112 Prince William Street to "Wild Willies", be amended by adding the word
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"monthly" before the word "rental".
Question being taken, the motion was carried.
11. March 21 Request For Stop SiQn On Mark Drive
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the report from the City
Manager advising that, further to the March 21 request of Caroline Adams for a stop
sign to be placed at the top of the hill on Mark Drive, in general there has been few
reported accidents on Mark Drive near Bonita and Michael Crescents and any action
that would disrupt traffic, especially the installation of a stop sign, is not appropriate --
be received and filed and a copy be forwarded to Caroline Adams.
Question being taken, the motion was carried.
12. Marco Polo Monument
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the report from the
City Manager advising that, further to the February 21 request of The Marco Polo
Project for direction and cooperation in determining a site to erect a National Sites and
Monuments Board plaque commemorating the national historical significance of the
Marco Polo, the proposed bronze plaque will be attached to an irregularly-shaped piece
of granite similar to the one on the submitted photo and, in addition, an interpretive
panel with a reproduction of the painting of the Marco Polo by artist Franklyn Wright as
well as signal flags will be installed at the base of the monument; and recommending
that Council approve the proposal to erect a monument to commemorate the national
historical significance of the Marco Polo in the planter area in front of City Hall at the
corner of Chipman Hill and King Street -- be received and filed and the
recommendation adopted.
Question being taken, the motion was carried.
13. DOQ By-Law/Stoop and Scoop
On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that the report from the
City Manager referring to Common Council resolution of January 18, 1993 with regard
to the Animal Rescue League's "Adopt A Pet" Program to emphasize the need for
responsible pet ownership regarding "stoop and scoop" and the use of the City's
information page in the local newspaper to promote responsible pet ownership, and to
the many requests Council has received indicating that a stoop and scoop by-law
should be enacted; submitting a copy of a legal opinion dated March 21,1984 which
confirms that Council does not, at the present time, have the authority to enact a stoop
and scoop by-law and that it would be necessary that the Province enact the necessary
legislation if Council wished to implement such a by-law; and recommending that
Council ask the Minister of Municipal Affairs to consider amending the Municipalities Act
to provide the necessary authority as follows: 96(1) A council may make by-laws (a a)
regulation of leashed or unleashed animals that defecate in a public place or on private
property other than that of the owner of the animal -- be received and filed and the
recommendation adopted.
Question being taken, the motion was carried.
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14. Municipal Plan Update
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the report from the
City Manager explaining why updating of the Municipal Plan is required, as well as the
steps required to update the Plan; and recommending that Council endorse the
proposed process -- be received and filed and the recommendation adopted.
Question being taken, the motion was carried.
(The Mayor withdrew from the meeting whereupon Deputy Mayor
McAlary assumed the chair.)
15. Pet Stores and Abuse of Animals
Consideration was given to a report from the City Solicitor referring to
Council's receipt on April 11 of letters from R. Jones and S. Gordon regarding pet
stores and abuse of animals, as well as to section 95.1 (1) of the Municipalities Act
which deals with pet establishment standards and section 95.2(3) which gives the City
authority to pass a by-law to provide for additional and higher standards than the
standards adopted by the Province through its regulations; expressing the opinion that,
as he has learned that the Province has not made regulations covering this subject, the
municipality is not able, from a legal standpoint, to pass a valid by-law at this time; and
suggesting that Council might wish to request the Minister of Municipalities, Culture and
Housing to consider adopting regulations to be effective throughout the Province under
Section 95.1 (1) of the Municipalities Act.
On motion of Councillor M. Vincent
Seconded by Councillor Rogers
RESOLVED that the Minister of
Municipalities, Culture and Housing be requested to consider adopting regulations to be
effective throughout the Province under Section 95.1 (1) of the Municipalities Act.
(Councillor Chase withdrew from the meeting.)
Question being taken, the motion was carried.
16. 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 May 2, 1994, when there were
present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers,
McAlary and Trites, and your Committee submits the following recommendation,
namely:-
1. That in recognition of his continuing philanthropic and humanitarian
efforts for the betterment of his fellow citizens, the Freedom of the City of Saint John be
conferred on Mr. Mitchell Franklin on the occasion of a dinner being held in his honour
on June 18, 1994.
May 16, 1994,
Saint John, N. B.
Respectfully submitted,
(sgd.) Thomas J. Higgins,
C h air man.
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16(1). Freedom of the City
On motion of Councillor Rogers
Seconded by Councillor Trites
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
17. 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 May 9, 1994, when there were
present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers,
McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the
following recommendation, namely:-
1. That as recommended by the City Manager, Mr. Mark Giberson be
named as the City's nominee to the board of arbitration of the Local No. 18, C.U.P.E.,
grievance 94-2 pertaining to management doing Local No. 18 work.
May 16, 1994,
Saint John, N. B.
Respectfully submitted,
(sgd.) Thomas J. Higgins,
C h air man.
17(1). Arbitration of Local 18 Grievance 94-2
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried with Councillors Rogers, A.
Vincent and M. Vincent voting "nay".
18{a) Letters re Adult Video Stores
Deputy Mayor McAlary referred to the form letters regarding adult video
stores, and asked the City Manager to advise Council of what occurred in this regard at
the May 6 Cities of New Brunswick Association meeting. Mr. Totten advised that Mayor
Higgins raised the issue at the Executive of the Association on the evening of May 6
with the intent being to determine if the other cities are of the opinion that the same
problem exists in their communities and to seek support and guidance from the other
cities with respect to possible amendments to the Municipalities Act, and that it was the
opinion that this is a local problem and any steps to be taken would be by the City of
Saint John to do whatever Council would like to do with respect to this issue, and that it
was the Mayor's intent to bring the matter back to Common Council to seek direction in
terms of what the next process would be. Mr. Totten suggested that it would be
appropriate to now refer the matter to the City Solicitor for guidance with respect to
restricting the location and number of adult video stores.
(Councillor Chase re-entered the meeting during the above remarks.)
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On motion of Councillor Coughlan
Seconded by Councillor Chase
RESOLVED that the form letters from
Helen Yeomans, Sergeant Gary Mott of the Family Protection Unit, Jean and Robert
Cormack, Shelley G. Courser, Laurie Flood, Kimberley Anne Green, Congress of Black
Women of Canada - Saint John, N.B. Chapter, Mariea Hudson, Angelina Martz,
Catherine Ferris, Constance Murphy, Faye Reed, Rosemarie and R. Kierstead, and
Norma Golding, urging Council to develop and implement a by-law that would control
the number of adult video stores and the locations of such in the City -- be referred to
the City Solicitor to advise Council on how to continue toward appropriate legislation.
During discussion the basis for the reference in the above
correspondence to specific Councillors who are supportive of a by-law was questioned
by Councillor A. Vincent, and it was suggested that the Mayor should follow up with the
Anti-Pornography Coalition in this regard.
Question being taken, the motion was carried.
(The Mayor re-entered the meeting and reassumed the chair.)
18{b) Clixxx Boutique Ltd. - Adult Video Stores
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from Clixxx
Boutique Ltd. noting the recent articles on pornography and expressing the opinion that
adult videos should only be available in adult video stores -- be referred to the City
Solicitor.
(Councillor M. Vincent withdrew from the meeting.)
Question being taken, the motion was carried.
Councillor Trites asked if it is the intent for the Mayor to forward a letter
to Heather DeBouver of the Anti-Pornography Coalition advising that Council takes
exception to the portion in the above correspondence which names four Councillors
who are in support of the Coalition's position, which he believes is inaccurate as no
position was taken, and to the indication that silence means acceptance, if it is being
used to undermine the integrity of the rest of the Council members.
On motion of Councillor Trites
Seconded by Councillor Rogers
RESOLVED that the Mayor respond as
suggested to the statements made in the above form letters.
Deputy Mayor McAlary made the observation that Council has previously
received correspondence with the same wording as in the above form letters, and
suggested that the Coalition's intent should be first clarified.
Question being taken, the motion was carried.
19. New Direction Inc. Fund- RaisinQ Proiect
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the letter from New
Direction Inc., a non-profit organization providing housing and in-home supports to
residents who are coping with or recovering from a mental health disability, asking for
Council's support and/or participation in its fund-raising project on May 28 to clean up
the Throughway -- be received and filed, and Council extend best wishes for success in
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New Direction Inc.'s project and encourage citizens to support it.
(Councillor M. Vincent re-entered the meeting.)
Question being taken, the motion was carried.
20. Rifle Range Residents Association - Traffic
Visart Street. Churchill Boulevard Area
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Rifle Range Residents Association referring to its previous letter to Council on May 17,
1993 concerning traffic in the area of Visart Street, Churchill Boulevard, Sobeys and
Zellers, and asking to be advised of improvements that will be made to provide for the
safety of pedestrians in consideration of the hazardous conditions described in its letter
of May 10, 1993 -- be referred to the City Manager for an update report.
Question being taken, the motion was carried.
21. Human Development Council
1993 Annual Report & Financial Statements
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from the
Human Development Council expressing appreciation for the financial support received
from the City for 1994; and submitting a copy of its 1993 audited Financial Statements
and Annual Report -- be received and filed.
Question being taken, the motion was carried.
22. The Rotary Club of Saint John
Support For Marco Polo Proiect
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from The
Rotary Club of Saint John, N.B., endorsing the Marco Polo II Project and soliciting
Council's support for this vitally important venture -- be received and filed and referred
to the City Manager.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that this meeting be
adjourned and Council meet in Committee of the Whole.
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
Common Clerk