1995-09-11_Minutes
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COMMON COUNCIL
SEPTEMBER 11, 1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the eleventh day of September, AD. 1995, at 4:00 o'clock p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites and Waldschutz
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D.
Wilson, Commissioner of Finance; C. Robichaud, Commissioner
of Municipal Operations; J. C. MacKinnon, Commissioner of
Environment and Infrastructure Services; P. Groody,
Commissioner of Human Resources; P. Woods, Deputy
Commissioner of Finance; B. Morrison, Director of Parks; W.
Edwards, Building Inspector; K. Galbraith, Manager of Public
Affairs; G. Tait, Fire Chief; B. Thompson, Deputy Chief of Police;
Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant
Common Clerk.
1. MeetinQ Called To Order - OpeninQ Prayer
Mayor McAlary called the meeting to order, and offered the opening
prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that minutes of the meeting of
Common Council, held on Tuesday, September 5, 1995, be approved.
Question being taken, the motion was carried.
3. Mayor's Remarks
Mayor McAlary welcomed to the Council Chamber members of the
Canada World Youth Group; and Ms. Phyllis Power, Project Leader for Canada World
Youth spoke briefly of the activities, while in Saint John, of the fourteen-member group
of seven young people from each of Canada and Egypt; and Mr. Sherief Mishrief of the
Supreme Council for Youth & Sport, addressed Council on behalf of the Group.
The Mayor proclaimed September 11 to 17 as Terry Fox Run Week in
the City of Saint John; and, at her invitation, Co-Chairmen of the Terry Fox 1995
Committee Ms. Linda Nickerson and Mr. Bobby Donnovan appeared before Council on
behalf of the Committee with respect to the forthcoming Run on September 17.
Mayor McAlary noted the Harley Davidson Toy Run for the Saint John
Regional Hospital held on September 9.
The Mayor expressed concern and consideration, on behalf of Council,
for the Red Head residents whose homes were severely damaged through an act of
nature and, at her request, Mr. Totten related the series of events in this regard
beginning on September 7 with a telephone call to City staff about the washing away of
property along Red Head Road and, because of the unsafe situation, the City's action
in having the property vacated, the power to the homes disconnected, the site
protected with barricades and a Police officer stationed there, as well as the continued
monitoring of the site and, with the assistance of the Emergency Measures
Organization, the provision for two of the displaced families with temporary
accommodation. Mr. Totten advised that the Soils Engineer is of the opinion that the
road is not in any immediate jeopardy, although two of the homes will most likely slide
down the escarpment in the very near future and appear not to be salvageable and one
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home is in jeopardy, but not to the extent of the other two homes, and appears to be
salvageable, and that the existing vertical slopes are unstable and will continue to
slump; and that the City has offered assistance through space offers at the Simonds
Arena and Hazen Creek property for storage of home contents, in facilitating meetings
between homeowners and the Provincial Emergency Measures Organization and
others to deal with their situations relative to assistance and possibly funding under the
EMO's Disaster Fund, as well as temporary accommodations to the families; and also
advised that City staff will continue to secure the site and, in dealing with the
homeowners and those concerned, make the site safe as soon as possible, the City's
ability to do so being very much dependent on the residents and the decisions they
have to make with respect to their homes after having discussions with their insurers
and mortgage companies and that, as the City would like to be in a position where the
homes were removed, City staff would work with the other levels of government to
secure the slope and ensure that there is not a worse situation. Mr. Totten further
advised that staff has already identified an alternative access that could be made
available in the short-term and is also exploring alternative routes that, if need be,
would be implemented if a long-term solution is needed; and that, while the road is in
no immediate danger, staff recognizes that, while it will have to address some work on
the Red Head Road, it is not in the foreseeable future.
* Added Item
Deputy Mayor Chase suggested that the Red Head matter should be
added to the agenda of this meeting in order to provide an opportunity for discussion.
On motion of Deputy Mayor Chase
Seconded by Councillor Ball
RESOLVED that the matter of the Red Head
Road soil erosion be added to the agenda item 3A.
Question being taken, the motion was carried.
*3A. Red Head Soil Erosion
During discussion Mr. Totten advised that, depending on the degree of
erosion of Red Head Road, if one lane or a portion of the Road were severely
damaged, the engineers have informed him that, within two hours, the area in question
could be by-passed, although all the professional advice staff is receiving indicates that
this is not likely to occur, and Mr. Robichaud commented on the action the City would
take, depending on the degree of erosion, in providing an access road; and it was
suggested that a delegation from the Red Head area might request to appear before
Council in open session next week to relate any questions or concerns.
4. Request Of Saint John Naval Veterans
Association "Main Brace" For Donation
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mayor
McAlary advising that the President of the Saint John Naval Veterans Association Inc.
"Main Brace" met with her regarding the submitted letter from the Association, and the
Association's request for $1,000 for its project on the celebration of its 50th anniversary
to refurbish the painting of the HMCS Saint John which adorns the side of the building
at 507 Main Street -- be referred to the City Manager.
Question being taken, the motion was carried.
5. Tender For Contract 95-10
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
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City Manager, contract 95-10, Lower West Side force main, be awarded to the low
tenderer, Fairville Construction Ltd., at the tendered price of $233,540, as calculated
based upon estimated quantities, and that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
Question being taken, the motion was carried.
6. Lease Of City Market Space
To Ganz Convenience Ltd.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended
by the City Manager, Council approve a lease between the City of Saint John and Ganz
Convenience Ltd., owned by Sharon and Terry Ganz, for Stalls Band C in the Saint
John City Market, for a period of 5 years from September 1, 1995 to August 31, 2000,
and the Legal Department be directed to prepare the necessary documents and the
Mayor and Common Clerk be authorized to execute the documents.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried.
6A. August 28 Grant Request Of The Committee
To Establish The Saint John Free-Net
Consideration was given to a report from the City Manager
recommending approval of a grant to The Committee to Establish the Saint John Free-
Net, further to the request to Council on August 28.
On motion of Deputy Mayor Chase
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the City of Saint John provide financial support to The Committee to
Establish the Saint John Free-Net" in the amount of $1,000.
Messrs. J. van der Laan and H. LaBillois were present at the meeting,
and responded to Council queries on the Saint John Free-Net proposal. Councillor
Waldschutz made the observation that it is the intent to set up a terminal which would
provide a means to people who not have computers to access documents through
Inter-Net in much the same manner as they would by withdrawing a book from the
library; and proposed that the grant should be $2,000 which was the amount requested
by the group to provide this service.
(Councillor Fitzpatrick re-entered the meeting.)
Moved in amendment by Councillor Waldschutz
Seconded by Councillor Arthurs
RESOLVED that the above amount be
amended to $2,000.
Councillor Trites spoke in opposition to the amendment on the basis that,
in reviewing the budget of $2,291.18 (which was included in an information package of
which copies were distributed to Council members at this meeting), $1,000 will certainly
cover the legal start-up costs; and advised that he would be open to further
presentations from the Committee as it moves ahead in this regard. The Mayor asked
the reason for the recommendation for a $1,000 grant, to which Mr. Wilson replied that,
as staff understood the request, the group was looking for assistance to get
incorporated at an estimated cost of $2,000, and it is felt that incorporation could take
place for $1,000; and Mr. Totten advised that, in recommending $1,000, City staff is
very supportive of this initiative and, through Data Processing Manager Les Graham, is
working with this group.
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Question being taken, the amendment to the motion was lost, a tie vote
having been created with the Mayor and Councillors Brown, Fitzpatrick, Knibb and
Trites voting "nay".
Question being taken, the motion was carried.
7. Committee Of The Whole Report
Read the 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 Tuesday, September 5, 1995,
when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits
the following recommendation, namely:-
1. That as recommended by the City Manager, Mr. James LeMesurier be
appointed as the City's nominee to the Board of Arbitration of the Local No. 18,
C.U.P.E., grievance 95-1, regarding injury on duty and loss of pay.
September 11, 1995
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
7.1. Nominee To Arbitration Of
Local 18 Grievance 95-1
On motion of Councillor Knibb
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.
8. Lancaster Lions Club
Request To Hold Voluntarv Toll
Consideration was given to a letter from the Lancaster Lions Club
requesting permission to hold a voluntary toll on Fairville Boulevard, between the
Lancaster Mall and Main Street, on either September 18 or 25.
Councillor Knibb proposed a motion, which was not seconded, to refer
the above matter to the City Manager and the Saint John Police Department,
whereupon Mr. Totten explained that staff has some difficulty with the idea of a road toll
and, having received requests of this nature in the past, has steered people away from
this course of fund-raising and encouraged groups to either go to private parking lots or
malls, or somewhere other than a main thoroughfare; and this would be staff's position
with respect to this specific request.
On motion of Councillor Knibb
Seconded by Councillor Brown
RESOLVED that the letter from the
Lancaster Lions Club requesting permission to hold a voluntary toll on Fairville
Boulevard, between the Lancaster Mall and Main Street, on either September 18 or 25
-- be received and filed and the Club be advised that Council regrets that it cannot
accede to its request and suggests an alternate means of fund-raising.
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Question being taken, the motion was carried.
9. Centre Scolaire-Communautaire
Samuel-De-Champlain Re Acadian
Theme Dav - Lovalist City Festival
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from the Centre
scolaire-communautaire Samuel-de-Champlain expressing its disappointment regarding
this year's edition of the Loyalist City Festival, more particularly concerning the Acadian
theme day -- be referred to the City Manager to arrange a meeting with the Loyalist City
Festival committee.
Question being taken, the motion was carried.
10. Municipality Of Annapolis County
Proposed Commemoration Of Port Roval
Read a letter from Mr. Peter G. Terauds, Warden, Municipality of
Annapolis County, requesting on behalf of the Municipal Council the support of
Common Council to have Port Royal, which is Canada's first permanent European
settlement, depicted on the new $2 coin.
A motion was proposed by Councillor Brown that Council deny the above
request on the basis that Council, on July 31, agreed to forward a letter of support for a
commemorative coin for the Marco Polo; and Councillor Ball proposed that Council
should support the above request and ask that the Municipality of Annapolis County
support the request for a Marco Polo commemorative coin. The Mayor, noting no
seconder, called for a motion prior to discussion of the matter.
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mr.
Peter G. Terauds, Warden, Municipality of Annapolis County, requesting on behalf of
the Municipal Council the support of Common Council to have Port Royal, which is
Canada's first permanent European settlement, depicted on the new $2 coin -- be
received and filed and the Common Council of the City of Saint John go on record as
supporting a commemorative coin relating to the 400th anniversary of the
establishment of Port Royal, that being the $2 coin for one year, the year 2005.
Councillor Knibb suggested that it would be unlikely that the Federal Mint
would do a special minting for one year only.
Question being taken, the motion was carried with Councillors Ball,
Brown, Knibb and Waldschutz voting "nay".
11. Trinity Church - Request For
Grant Increase For Clock Upkeep
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
Rector of Trinity Church noting the City's annual grant of $300 toward the maintenance
of the clock in the Trinity Church tower; and asking that, as the present contract for the
clock maintenance costs the Parish Corporation some $800 each year, consideration
be given to significantly increasing the amount of the City's grant for the maintenance
of the "City Clock" in the tower of Trinity Church -- be referred to the City Manager.
Mr. Totten advised his intent to make a recommendation in the above
regard in his budget report to Council.
Question being taken, the motion was carried.
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Adjournment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk