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1996-10-15_Minutes 86-108 COMMON COUNCIL OCTOBER 15, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fifteenth day of October, A.D. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Fitzpatrick, Gould, Knibb, Trites and Vincent - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; W. D. Todd, Manager of Public Safety Communications Centre; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; P. Morgan, Project Coordinator, Human Resources Department; D. Sherwood, Chief of Police; G. Tait, Fire Chief; 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 Reverend Tim Davidson, Pastor of the Saint John Vineyard Church, offered the opening prayer. 2. Approval Of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on October 7, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary welcomed to the Port of Saint John the cruise ship Regal Empress which, although destined for S1. Andrews, arrived in the Saint John Harbour on this date due to the weather; and noted the anticipated arrival in the Port of the last two cruise ships for the season on October 16 and 18. The Mayor thanked the residents of Charlotte County who attended Saint John's reception in S1. George on October 10. Mayor McAlary proclaimed October 17 as a day to eliminate poverty in the City of Saint John and, at her invitation, Ms. Laticia Adair, Mrs. Pam Coates, President of the National Anti-Poverty Organization and Chair of One Voice For All; and Reverend Bob Johnson of Centenary Queen Square United Church, addressed Council, in turn, with regard to concerns about poverty in the country and the City of Saint John and on the rally to be held in King's Square on October 17. The Mayor, noting the Animal Control By-Law, displayed a sign of the type to be erected in various areas of the City as part of an attempt to educate people about being responsible pet owners. Mayor McAlary, having related information on the Fire Service Administration Program through Henson College, extended congratulations to Lieutenant David Silliphant, Captain James Lanigan, Firefighter James Oagles and Lieutenant Leon Daigle of the Saint John Fire Department on their successful completion of this program thereby attaining their Certificates in Fire Service Administration, and she and Chief Tait presented them with their framed certificates. 86-109 COMMON COUNCIL OCTOBER 15, 1996 Councillor Arthurs displayed an excerpt from the London Free Press newspaper featuring Saint John in an article; and Councillor Ball extended condolences to the family of the late Mr. Terrence E. Alderman, who passed away on October 12. 4. Charlotte Street ParkinQ Problems On motion of Councillor Arthurs Seconded by Councillor Vincent RESOLVED that the letter from Councillor Arthurs referring to a meeting in Committee of the Whole on June 3 with a number of Charlotte Street merchants with respect to major concerns about parking on Charlotte Street between Union Street and King's Square; and asking Council to instruct that this matter be examined for action and be kept informed about its progress -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 5. Tender For Contract 96-4 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, contract 96-4, Lower West Side collector sewer system, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $461,020, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 6. Establishment ChanQe Consideration was given to a report from the City Manager recommending a change in the Municipal Operations Establishment due to vacancies that have recently occurred in the Works Division through retirement and promotion; and advising that Local 18 has given its comments and is opposed to the amendments because it feels there is no lack of work for a mechanic and a packer truck operator. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council amend the Municipal Operations (Works) Establishment as follows:- the number of packer truck operator positions be reduced from 8 to 7; the number of mechanic positions be reduced from 19 to 18; the number of heavy equipment operator positions be increased from 40 to 41; and the number of chauffeur positions be increased from 38 to 39. Question being taken, the motion was carried. 7. BoatinQ Activity. Loch Lomond Watershed On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager responding to the concerns regarding boating activity in the Loch Lomond watershed, as expressed by Mr. Gordon Dalzell in his letter considered by Council on September 16; and advising that the Legal Department has been asked to review the reference in Mr. Dalzell's letter to a piece of 1914 legislation -- be received and filed. As to the City Solicitor's review in the above regard, Mr. Nugent advised that the Legal Department is reviewing all the private legislation dealing with the 86-110 COMMON COUNCIL OCTOBER 15, 1996 watershed to be certain that, if there is any authority which the City can exercise, it is identified and, within the next couple of weeks, he would expect to be in a position to come to some conclusion on that. Question being taken, the motion was carried. 8. Agreement With Atlantic Health Sciences Corporation Re Ambulance Service Communications Read a report from the City Manager advising that the City is now ready to extend its enhanced 911 emergency telephone service to an original partner of the tri-service emergency response concept - the emergency medical (ambulance) service and, further to Common Council's authorization on August 28, 1995 for staff to enter into negotiations with the Region 2 Hospital Corporation in the matter of call-taking and dispatch for the ambulance service, the submitted tentative has now been reached with the Region 2 Hospital Corporation, operating under the business name of Atlantic Health Sciences Corporation, which reflects staff's earlier discussions with Council in Committee of the Whole on May 21, 1996; and also advising that the Atlantic Health Sciences Corporation is prepared to execute the agreement and it is proposed that the City's Public Safety Communications Centre will commence the ambulance call processing service on October 27. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council approve the submitted Agreement Respecting Communication Services between the Atlantic Health Sciences Corporation and the City of Saint John and, subject to review as to legality and form by the City Solicitor, authorize the Mayor and Common Clerk to execute the agreement on behalf of the City. Messrs. Groody and Todd addressed Council in the above regard, commenting on the establishment and evolution of the City's Public Safety Communications Centre and the key components of the agreement with the Atlantic Health Sciences Corporation, respectively; and responded to Council queries about staffing of the Centre, the method of costing the ambulance service at a basic fee for the first year of $85,000, liability and insurance; and Mr. Todd confirmed that, although not listed in the coverage area referred to in the agreement, Fairvale should be included, and advised that the whole issue of staffing in the Centre is being reviewed and it is the intent to come forth to Council with a report in this regard; however, it is not expected that this report would indicate that additional staffing is needed specifically because ambulance service was taken on. Question being taken, the motion was carried. 9. Tender For Contract 96-23 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, contract 96-23, Fairville Boulevard street reconstruction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $292,473.70, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 10. Tender For Contract 96-24 On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the 86-111 COMMON COUNCIL OCTOBER 15, 1996 City Manager, contract 96-24, Ocean Westway curb and sidewalk construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $135,077.40, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 11. Tender For Aquatic Centre Renovations On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, the tender of Lisson Construction Ltd., in the amount of $411,963 (all taxes included) be accepted for the renovations, including the optional work identified in the addendum, to the Canada Games Aquatic Centre and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12. Zoning By-Law Text Amendment Re 1150 Fairville Boulevard Consideration was given to a report from the City Solicitor referring to the proposed Zoning By-Law text amendment, to which Council gave first and second readings at the October 7 public hearing, which would renumber section 640(3)(a) as Section 640(3)(a)(i) and add a new Section 640(3)(a)(ii) which would establish separate conditions or standards for the storage of salvaged bottles, rags and non-ferreous metal at a single site in the "1-3" zone, namely 1150 Fairville Boulevard; also referring to Section 34(3)(f) of the Community Planning Act as the enabling authority for Section 640(3) of the Zoning By-Law by allowing a Zoning By-Law to impose conditions or standards upon a specific use within a zone; and expressing the opinion that the legislation requires that the conditions or standards apply uniformly to the use in question within the zone or, to put it differently, the conditions or standards must apply equally and consistently to the use anywhere in the zone and must not vary from site to site; however, the proposed amendment would purportedly do just that; i.e., treat the site at 1150 Fairville Boulevard different from all other sites within the "1-3" zone with respect to the maximum floor area able to be occupied for the storage of the materials in question and, accordingly, the proposed amendment is beyond the authority conferred upon a municipal council by the Community Planning Act, although the result intended for the property in question could legitimately be achieved if Council were to enact the amendments set out as items 3 and 4 in recommendation B in the Planning Advisory Committee's report to Council at the October 7 public hearing, a copy of which is submitted. The Mayor called for a motion to receive and file the above report; and made the observation that, as Council at its last meeting set a public hearing date of November 18 for the proposed Zoning By-Law text amendment set out in recommendation B of the Planning Advisory Committee's report to Council which the City Solicitor references above, no motion would be required at this time for 1150 Fairville Boulevard. On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the above report from the City Solicitor be received and filed. Question being taken, the motion was carried. The Mayor, having noted the absence from this meeting of two Councillors, made the observation that six affirmative votes of Council would be required to pass third reading of the proposed Zoning By-Law amendment to re-zone 233 Lancaster Street, under item 13 on the agenda of this meeting, and that she could take a tabling motion or Council could proceed. 86-112 COMMON COUNCIL OCTOBER 15, 1996 13. Zoning By-Law Amendment To Re-Zone 233 Lancaster Street On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that third reading of the proposed Zoning By-Law amendment to re-zone 233 Lancaster Street be laid on the table. Question being taken, the tabling motion was carried with Councillors Ball, Fitzpatrick, Trites and Vincent voting "nay". The Mayor declared the above matter tabled for one week, whereupon Councillor Vincent, on a point of order, asked the City Solicitor to comment on the legality of tabling the above matter because two members of Council were absent from the meeting. Mr. Nugent, referring to section 23 of Council's Procedural By-Law, made the observation that a motion to table shall state a reason, always be in order and shall not be debatable, but does not address what qualifies or limits the reasons that give rise for the tabling motion being made; and expressed the opinion that the tabling motion passed above is, in fact, in order under the circumstances. Councillor Vincent asked the reason for tabling to which Councillor Knibb advised that he moved to table on the basis that, had the vote for third reading been a five-four vote, the City Solicitor would have said that it was not valid which would have ended the process; thus, with two members absent, he therefore moved to table until next week when, with all Council members on record from the last meeting on how they were voting, there would be a full Council present. In response to the Mayor, Mr. Nugent, having noted that the Planning Advisory Committee's recommendation to Council at its last meeting was that the subject re-zoning not occur, explained that the Community Planning Act provides that a Zoning by-Law enacted by Council will not be valid if the by-law fails to give effect to the written views of the Planning Advisory Committee and a by-law of that nature is not valid unless a majority of the whole Council votes in favour of the by-law, whereupon the Mayor re-iterated the need for six affirmative votes of Council in this instance. Councillor Gould, on a point of order, asked if what Council did in delaying the vote until next week was legal or if Council violated some basic principle, to Mr. Nugent advised that he did not believe that the circumstances, by virtue of the discussion at this meeting, that gave rise to the tabling motion are of a nature that would invalidate the motion and, while it may be that there would be disagreement as to the merit of those reasons, he believes that, providing those reasons are held in good faith, in his view that motion is a valid motion and would stand. Councillor Vincent suggested that, as nine Council members were present at this meeting, it would not be a valid reason to not vote unless there were only five Council members present and, to judge and to table because of that would pre-empt the fact that it is known that there were not six affirmative votes present as in the case of the first two readings; and expressed concern about the precedent Council might set that is not based on procedure. The Mayor suggested that Council could move a motion to reconsider the tabling motion. On motion of Councillor Arthurs Seconded by Councillor Fitzpatrick RESOLVED that the above tabling motion be reconsidered at this time. The Mayor asked if a motion to reconsider were debatable to which Mr. Nugent, referring to Section 13.(5) of the Council Procedural By-Law, replied in the affirmative. Question being taken, the motion was carried with Councillors Brown and Knibb voting "nay". On motion of Councillor Knibb 86-113 COMMON COUNCIL OCTOBER 15, 1996 Seconded by Councillor Brown RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing an area of 465 square metres (5,000 square feet) located at 233 Lancaster Street (NBGIC Number 366518), from "R-2" One- and Two-Family Residential to "R-4" Four-Family Residential classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. Councillor Brown asked if Council, in considering a re-zoning application, was being asked to judge whether or not the proper permits had been acquired and whether or not the construction had gone ahead without the proper re-zoning, or whether or not the application before Council meets the zoning qualifications. Mr. Nugent made the observation that Council, in dealing with a re-zoning, performs a legislative function, distinct from the function of, for example, awarding a contract, and the Community Planning Act does not explicitly limit the reasons that Council may entertain for making decisions; and advised that, generally, the range of reasons legislators may rely upon in reaching their conclusions are very broad and, essentially, limited only to prohibitions against malice or bad faith as motivator for the reason; consequently, the range of reasons an individual councillor may entertain in coming to a decision as to how to vote is very broad and, generally, if it is done in good faith - that is if a councillor is not motivated by ill will toward some person or wishes to give an unfair advantage to some other person or is not tainted by self-interest - the reason would be left to the individual councillor and, if challenged, would stand. Mr. Nugent clarified that he would not want to leave the misimpression that the background to this particular situation, which apparently involves failure to comply with certain provisions of particular by-laws, is necessarily information that a Council member is prohibited from considering in deciding currently whether to vote in favour or against third reading of the Zoning By-Law amendment. The by-law to amend the Zoning By-Law was read in its entirety. Question being taken, the motion was lost with Councillors Ball, Fitzpatrick, Trites and Vincent voting "nay", the affirmative vote of the majority of the whole Council being required to enact the by-law. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the above matter be referred to the City Solicitor to determine how the above re-zoning can be effected. Councillor Knibb noted that the above re-zoning obviously has the approval of the majority of Council and asked for a report at the next meeting on how the will of the majority of Council to support a re-zoning of the subject property could be effected and how the process can be continued. Question being taken, the motion was lost with the Mayor and Councillors Ball, Fitzpatrick, Trites and Vincent voting "nay". 14. Zoning By-Law Amendment To Re-Zone Properties In Central Peninsula On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-421 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the various parcels of land located within the shaded areas as shown on the submitted map which are currently zoned "RM-1" Three-Storey Multiple Residential or "RM-3" Central Area Multiple Residential to "RM- IF" Multiple Residentiallnfill classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-421 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. 86-114 COMMON COUNCIL OCTOBER 15, 1996 Question being taken, the motion was carried. 15. Environment Committee - Resignation Of Dr. Richard Scott & Vacant Positions On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the City of Saint John Environment Committee advising of the resignation from the Committee of Dr. Richard Scott and the election of Gay Wittrien to replace him as Chairman and David Bowen's election as Vice Chairman; and requesting that Council extend its thanks to Dr. Scott and that the vacant positions on the Committee be filled at the earliest possible time -- be referred to the Nominating Committee and Dr. Scott be thanked for his service to the City of Saint John. Question being taken, the motion was carried. 16. IBI Consultants - Familv First CampaiQn (Councillor Gould withdrew from the meeting.) On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from IBI Consultants advising of support offered to the Family First Campaign and a workshop to be held on October 29; and asking if a contact person in Saint John City Hall could be designated to assist in the flow of information -- be referred to the Mayor to forward a letter of support. The Mayor, noting her comments to Council in Committee of the Whole on May 23 on the Family First Campaign which was mentioned at a Cities of New Brunswick Association meeting, expressed the understanding that the City of Fredericton was the only City which acted in this regard; and suggested that the matter could be referred to her to forward a letter of support. Question being taken, the motion was carried. 17. Robert Doucette - Application To Re-Zone 1181 Latimore Lake Road On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Robert Doucette for the re-zoning of 1181 Latimore Lake Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, November 18, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting). 18. River Road Concerned Citizens Committee - Borrowing For EstablishinQ Waste ManaQement Facilities On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the River 86-115 COMMON COUNCIL OCTOBER 15, 1996 Road Concerned Citizens Committee expressing concern about several aspects of the Fundy Region Solid Waste Commission's request, considered by Council at its September 30 meeting, for approval of the borrowing of several millions of dollars for siting waste management facilities at Crane Mountain; and recommending that Common Council reject the Commission's request to approve borrowing monies for landfill development at Crane Mountain or elsewhere until all options have been given equal consideration and concrete cost figures enable Council to act with greater knowledge regarding this issue -- be referred to the City Manager. Councillor Knibb initially proposed a motion to receive and file the above letter and asked when Council could expect to receive the City Manager's report further to the Commission's letter considered at Council's September 30 meeting. Upon Councillor Trites' suggestion that the above letter should be referred to the City Manager, Councillor Knibb changed his motion accordingly. In response to Councillor Brown's suggestion that the Fundy Region Solid Waste Commission should be invited to make a presentation to Council at its next meeting on the figures involved, the Mayor, a member of the Commission, advised that the Commission cannot at this time give any firm figures and will not have the figures until proposals have been received and one is selected; and also advised that the Commission, on October 24, will vote on the borrowing issue, as well as on the call for proposals for the landfill and the MaxRF. Question being taken, the motion was carried. The Mayor extended a message of condolence to Councillor Brown and his family on the death of his mother, Georgie I. Brown, on October 9. Adiournment On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk