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1995-09-11_Minutes 85-453 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 85-454 COMMON COUNCIL SEPTEMBER 11, 1995 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 85-455 COMMON COUNCIL SEPTEMBER 11, 1995 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. 85-456 COMMON COUNCIL SEPTEMBER 11, 1995 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. 85-457 COMMON COUNCIL SEPTEMBER 11, 1995 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. 85-458 COMMON COUNCIL SEPTEMBER 11, 1995 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