1996-10-28_Minutes
86-123
COMMON COUNCIL
OCTOBER 28, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the twenty-eighth day of October, A.D. 1996, at 4:00 o'clock
p.m.
present
Shirley McAlary, Mayor
Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould,
Knibb, Trites, Vincent and Waldschutz
- 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; B. Morrison, Director of Recreation and
Parks; J. Baird, Manager of Community Planning; D. Logan,
Purchasing Agent; W. Edwards, Building Inspector; M. Chisholm,
Acting Manager of Accounting Services; D. Sherwood, Chief of
Police; G. Tait, Fire Chief; Mrs. C. Graham, Financial Analyst;
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 David
Nicholson, Pastor of the Douglas Avenue Christian 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 21, 1996, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary recognized the presence at the meeting of City
employees Randall Nelson, Peter Kierstead and Christopher Gaudet of the Parks
Division, to whom she extended congratulations on their accomplishment in earning
their Professional Certification as Certified Arborists from the International Society of
Arboriculture; and expressed appreciation to them for their work in the City's gardens
and public parks.
The Mayor proclaimed November 2, 1996 as CBC Day in celebration of
CBC Radio's 60th anniversary; and November 1996 to be Family Violence Prevention
Month, as well as Diabetes Month, the latter which Mr. Robert Whipple addressed,
noting that November 14 is recognized as International Diabetes Day. The Mayor also
proclaimed November 3 to 9, 1996 as Key Club Week on behalf of Kiwanis
International which sponsors this high school service organization.
Mayor McAlary advised that, further to the City's requests to Provincial
Finance Minister Edmond Blanchard to ensure that the harmonization of the GST and
PST does not result in any extra cost to the municipalities, municipalities will not only
continue to receive a 57.14% rebate of the GST paid the Federal Government but after
April 1 , 1997 will also receive a 57.14% rebate of the Provincial portion of the new
harmonized sales tax. The Mayor suggested that a letter on behalf of Council in
appreciation to the Finance Minister would be in order.
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OCTOBER 28, 1996
Appreciation
On motion of Councillor Gould
Seconded by Councillor Ball
RESOLVED that a letter be forwarded to The
Honourable Edmond Blanchard, Provincial Minister of Finance, expressing appreciation
in the above regard.
Question being taken, the motion was carried.
The Mayor commented on the new unconditional grant formula to be
implemented over a 5-year period during which time there would be no cuts or
increases to anyone municipality that would be greater than 10%; and advised that the
City is expected to be better off because of the new formula than it would have been
had it not been put in place.
The Mayor also commented on her presentation of the City's brief on Bill
C-44, Canada Marine Act, to the Standing Committee on Transport in Ottawa on
October 24.
* Added Items
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that item 24 from the
Committee of the Whole agenda of this date being a report from the City Manager
regarding CCO September 23, 1996 on the sale of land on Crown Street, and a copy of
a letter to Mayor McAlary from the Minister of Health and Community Services (copies
of which were forwarded to Council members as an information item), be added to the
agenda of this meeting for consideration as items 18A and 18B.
Question being taken, the motion was carried.
* Added Item
The Mayor called for a motion to add to the agenda of this meeting as
4A a Committee of the Whole report from this date.
On motion of Councillor Waldschutz
Seconded by Councillor Trites
RESOLVED that a Committee of the Whole
report from this date with regard to the Saint John Board of Police Commissioners be
added to the agenda of this meeting for consideration as item 4A.
Question being taken, the motion was carried with Councillors Brown
and Knibb voting "nay".
4. Infrastructure FundinQ ProQram
Consideration was given to a letter from Mayor McAlary advising of her
recent meeting in Ottawa with several Federal Cabinet ministers who informed her that,
although there is a strong possibility that the Infrastructure Program will be re-initiated
in early 1997, there is still a need to indicate how important this program is; and asking
for the support of the members of Common Council to send letters to various Cabinet
ministers, including the Finance Minister, to strongly indicate the City's desire for the
Infrastructure Funding Program.
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COMMON COUNCIL
OCTOBER 28, 1996
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that letters be forwarded to
the Cabinet ministers concerned indicating Common Council's support of the
continuation of the Infrastructure Funding Program on the same basis as the previous
Program.
Question being taken, the motion was carried.
*4A. Committee of The Whole Report
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on October 28, 1996, 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 the Saint John Board of Police Commissioners is hereby dissolved.
October 28, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
4A.1. Dissolution Of Saint John
Board of Police Commissioners
On motion of Councillor Waldschutz
Seconded by Councillor Vincent
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Councillor Knibb spoke in opposition to the above motion on the basis of
his opinion that it flies in the face of the recommendation in the Perivale & Taylor report
that the Board of Police Commissioners should be strengthened so that it can become,
in fact, the employer and engage in the necessary labour negotiations and have
effective budget control over the operation of the Police Department and, as well, so
that no commissioner could be removed from the Commission except by authorization
from the New Brunswick Police Commission; and that Council's first step in moving
forward should not be to abolish the Police Commission but rather that the Police
Commission should appoint a go-forward committee involving some City staff and some
Councillors and all the necessary components to put in place the recommendations of
the Perivale & Taylor report. During discussion Council members, in turn, spoke in the
above regard as well as on the Perivale & Taylor report, and Councillor Brown advised
his intent to oppose the above motion in that, in his opinion, it was too soon for Council
to act accordingly and that Perivale and Taylor should be invited to meet with Council to
discuss the report; and note was made of the presence at the meeting of Saint John
Board of Police Commissioners Chairman Gary Foster and Commissioners Kenneth
Cox and Marilyn Upton to whom appreciation was expressed, as was to the other
Board members, for their service to the City of Saint John.
Question being taken, the motion was carried with Councillors Brown
and Knibb voting "nay".
5. Saint John Police Review Report
Read a letter from Mayor McAlary advising her intent to update Council
on the progress with regard to the Saint John Police Review Report.
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OCTOBER 28, 1996
The Mayor advised Council's intent to discuss the above matter either in
Committee of the Whole later this date or within the next couple of days and to review
various options that senior City staff has presented to Council, including a possible
request to the Provincial Legislature for the necessary changes to the New Brunswick
Police Act as recommended in the Perivale & Taylor report, and also that it is
anticipated that, by the November 4 Council meeting, information will be available for
the public in this regard.
6. Tender For Janitorial Services - City Hall
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, the tender of Maritime Custodian Services Ltd., in the amount of
$5,157.92 (plus taxes) per month, be accepted for the provision of cleaning services to
the portion of the City Hall Complex presently occupied by the City of Saint John, for a
period of two years.
Question being taken, the motion was carried.
7. Temporary Reclassification Of
Positions In EnQineerinQ Division
Consideration was given to a report from the City Manager advising that
recent staff reductions brought about by the various elements of the Workforce
Adjustment Strategy in place since 1994 have resulted in a significant reduction in
managerial and professional staff in the Engineering Division of Municipal Operations
and it has now become apparent that two positions within the Division are in need of
reclassification, given that the individuals holding these positions have been required to
assume the majority of workload most recently created by the loss of senior staff, those
positions being Design Engineer, Group 3, and Project Engineer, Group 4; and
proposing that each position be temporarily upgraded by one classification grade until
the reorganization/review process has been completed at which time a new
organizational structure will be proposed, during which time the existing employees in
these positions will be granted acting status.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the positions of Design Engineer and Project Engineer in the
Engineering Division of the Municipal Operations Department be temporarily
reclassified from Classifications Grade 3 and 4 to Grade 4 and 5 for the period
September 1, 1996 to March 31, 1997, by which time a new organizational structure for
the Division will be completed.
Question being taken, the motion was carried.
8. Workforce Adjustment ProQram
The Mayor called for a motion to withdraw item 8 from the agenda of this
meeting because the report on the Workforce Adjustment Program has not been
completed.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that item 8, being a report
from the City Manager on the Workforce Adjustment Program, be withdrawn from the
agenda of this meeting.
Question being taken, the motion was carried.
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COMMON COUNCIL
OCTOBER 28, 1996
9. Lease Of Space In
St. Patrick Street Pedwav
Read a report from the City Manager advising that, further to Council's
consideration in Committee of the Whole on October 15 of the submitted report
recommending the lease of space in the St. Patrick Street pedway, staff has had
further discussion with NBR Holdings Limited and is recommending changes to the
recommendations therein, such changes dealing primarily with authorizing staff to
approve construction plans, signs and future changes which may be undertaken by
NBR Holdings or its tenant.
On motion of Councillor Trites
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council authorize the lease of up to 50 square feet of the St.
Patrick Street pedway to NBR Holdings Limited, subject to the following terms and
conditions:- (a) the term to be 15 years commencing March 1, 1997 with an option for 4
five-year renewals; (b) NBR Holdings Limited may only sublease the leased area (the
area leased to NBR Holdings Limited) to The Hong Kong Bank of Canada; (c)
termination to be: (i) on termination of the lease between NBR Holdings Limited and the
sublessee, (ii) in the event the lessee fails to comply with the terms of the lease,
including the payment of rent on 60 days notice, (iii) by the lessee at the end of the
tenth year of the lease; (d) the lessee to keep in force liability insurance of not less than
$1,000,000 in which the City is named as co-insurer; (e) the lessee maintain the leased
area including but not limited to: (i) cleaning, (ii) repairs and maintenance of the
ceilings, walls, doors, windows, floors, lighting, heating and other accessories; (f) the
annual rent which includes property taxes, to be $15 per square foot plus GST for the
first 10 years, to be increased to $17 per square foot for the next 5-year period and a
rent approved by Council for subsequent years; (g) all improvements to the leased and
non-leased area, excepting signs, become the property of the City without
compensation at termination of the lease; (h) no renovations are to be carried out in the
leased or non-leased areas without first obtaining the written approval of the Manager,
Real Estate and Facility Management; (i) the leased area to be used only to provide
access to the premises of the sublessee including 24-hour access, via an exterior door
to the leased area, to automatic banking machines; U) the doors from the leased area
and from the area to be leased by NBR Holdings Limited to the Bank to the non-leased
area (the pedway) to be usable by the public only during normal business hours of the
Bank and to be kept locked by the Bank at all other times; (k) NBR Holdings Limited to
supply all heat and electricity required for the leased area from systems located within
NBR Holdings' building; and (I) interior and exterior signs, permitted under the City's by-
laws, be permitted subject to the design and location being approved by the Manager,
Real Estate and Facility Management.
Question being taken, the motion was carried.
10. Rescinding CCO July 31, 1995 & Approving
Purchase of Municipal Services Easements
Simpson Drive/Broadway Street
Broadwav Street Storm Sewer Extension
Read a report from the City Manager advising that, at the time staff
submitted the July 31, 1995 recommendation to Council for the purchase of easements
on Broadway Street, discussions were being held with the Provincial Supply and
Services Department to acquire another easement required for this project and, as the
Province informed staff that the land through which the easement was required was
surplus to the needs of the Province and the Walkers were interested in purchasing the
land, staff agreed with the Province to allow Linda Walker to proceed with the purchase
of the property, and also that Linda Walker has agreed to grant an easement on the
land she has since acquired from the Province; also advising that, although Council
also approved the purchase of an approximately 176-square metre easement from
Georgie Stein, the final survey plan indicates the area to be approximately 150 square
metres; and submitting a recommendation in this regard.
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COMMON COUNCIL
OCTOBER 28, 1996
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council resolution of July 31, 1995 approving the purchase
of municipal services easements on Simpson Drive and Broadway Street be rescinded:
AND FURTHER that as recommended by the City Manager, Common
Council approve: (a) the purchase of an approximately 428-square metre municipal
services easement from Linda Walker for $200 plus legal costs, which may be incurred
by Linda Walker; and (b) the purchase of an approximately 150-square metre municipal
services easement from Georgie Stein for the previously-approved price of $100 plus
legal costs, which may be incurred by Georgie Stein.
Question being taken, the motion was carried.
11. Payment Of Legal Fees - City Of
Saint John V. 501156 N.B. Ltd. Et AI
Consideration was given to a letter from the City Solicitor submitting a
detailed breakdown of the account of the firm of Gilbert, McGloan, Gillis, which was
retained as counsel for the City in the matter of the City of Saint John v. 501156 N.B.
Ltd. et al (Chez Cherie), and recommending that Council authorize the payment
thereof.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that authority be granted for
payment of the submitted account of the firm of Gilbert, McGloan, Gillis, in the amount
of $12,419.32, with regard to the matter of the City of Saint John v. 501156 N.B. Ltd. et
al (Chez Cherie).
Councillor Waldschutz proposed an amendment to the above motion to
pay the bill only after attempting to negotiate a lower bill; and, in response to the
Mayor's query as to the acceptability of the proposed amendment, Mr. Nugent
expressed the opinion that, procedurally, the suggested amendment would impose a
condition on the approval to pay which would lie outside what normally would be
considered an amendment to a motion to be.
Question being taken, the motion was carried with Councillor Waldschutz
voting "nay".
12. Schedule Of Common Council MeetinQs
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the letter from the
Common Clerk submitting a proposed schedule of Common Council meetings to the
end of February 1997, including a proposal that, to comply with the requirement for
Council to meet every two weeks, no meeting be held the week of December 30 and
that a regular meeting be held on Monday, January 6, 1997 at 7:00 o'clock p.m. -- be
received and the schedule be adopted.
Question being taken, the motion was carried.
13. Junior Achievement Of
Saint John - FundinQ Request
On motion of Councillor Trites
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from Junior
Achievement of Saint John requesting funding from the City of Saint John; and
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OCTOBER 28, 1996
outlining
specifically what such financial assistance would do -- be received and filed and
Council regretfully decline the application and extend the group best wishes for
success.
Councillor Knibb advised his intent to oppose the above motion on the
basis of his opinion that a grant of $500 should be approved and, upon Councillor
Arthurs' indication that she would second a motion for a grant of $500, the Mayor noted
the motion on the floor.
Question being taken, the motion was lost with the Mayor and
Councillors Arthurs, Chase, Knibb, Vincent and Waldschutz voting "nay".
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that a grant of $500 be
approved for Junior Achievement of Saint John.
Question being taken, the motion was carried with Councillors Fitzpatrick
and Trites voting "nay".
14. MindCare New Brunswick
Skate-To-Care '97
Consideration was given to a letter from MindCare New Brunswick
expressing appreciation to the City of Saint John for its past involvement and for the
tremendous support given to Moosehead Skate-To-Care; and, in requesting the City's
renewed commitment to Skate-To-Care '97 to be held February 8, requesting the use
of the Lily Lake area, the Interpretation Centre and the Lily Lake Pavilion on February 7
and February 8, as well as (1) preparation of the ice surface; (2) plowing the Lake and
campground areas, entrance and exit roads; (3) cooperation with transportation and
parking strategies; (4) sleigh rides on February 8, weather permitting; (5) waiver of the
Pavilion and Interpretation Centre rental fees; and (6) site preparation, operation and
dismantling.
A motion was proposed by Councillor Knibb and seconded by Councillor
Vincent to support Skate-To Care '97 in principle and refer the above request to the
City Manager. The Mayor questioned the need for a report from the City Manager in
the above regard as requested by Councillor Vincent, to which Councillor Knibb
suggested that a report would be required only because of the retirement of the City
employee who looked after this in the past, and Councillor Vincent concurred that the
City Manager should advise Council that there is a staff replacement for this event. Mr.
Totten advised that, if Council were to support the request of MindCare, one of the
Parks Superintendents could be assigned accordingly; and the proposed motion was
withdrawn with the consent of the mover and seconder.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the City of Saint John
support Skate-To-Care '97 as requested in the submitted letter from MindCare New
Brunswick, dated October 22, 1996.
Question being taken, the motion was carried.
15. Advisory Council On The Status Of
Women - Take Our Kids To Work Dav
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from the Advisory
Council on the Status of Women requesting that Council and City employees
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OCTOBER 28, 1996
participate in the November 6 "Take Our Kids To Work" program, and also requesting
the declaration of November 6 as "Take Our Kids To Work" Day -- be received and filed
and Council support the request.
Question being taken, the motion was carried.
16. Katharine Goldberg Association For
Burlesque Entertainers - Lap DancinQ
On motion of Councillor Fitzpatrick
Seconded by Councillor Vincent
RESOLVED that the letter from the
Katharine Goldberg Association for Burlesque Entertainers updating previous
information sent to Council about lap dancing in strip clubs -- be received and filed.
Question being taken, the motion was carried.
17. Irving Oil Ltd. - Application
To Re-Zone 82-84 Welleslev Avenue
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that the application of Irving Oil
Ltd. for the re-zoning of 82-84 Wellesley Avenue 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, December 2,
1996, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
18. Speak Easy Inc.
Request For Grant
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Speak
Easy Inc. requesting a grant to cover the travel expenses of one of its keynote
speakers to attend the annual Canadian Stuttering Conference '97 in Saint John on
August 14 - 16, 1997 -- be referred to the City Manager.
Question being taken, the motion was carried.
*18A. Rescinding CCO September 23, 1996 &
ApprovinQ Sale Of Land On Crown Street
Consideration was given to a report from the City Manager advising of
two minor errors in Common Council resolution of September 23, 1996 approving the
sale of the City's interest in Parcels F and G on Crown Street to Universal Sales Ltd.,
one error being that the purchaser is Universal Industries Ltd., not Universal Sales Ltd.,
the other error being that, while the resolution referenced clause 7(a) of the November
28, 1968 North End Urban Renewal Agreement, the Crown Street area was actually
redeveloped under an Urban Renewal Agreement which predates the North End
Agreement and which represents an additional $7,965 in proceeds for the City; and
recommending the rescinding of CCO September 23 and adoption of a new resolution
in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council resolution of September 23, 1996, pertaining to the
sale of Parcels F and G on Crown Street, be rescinded:
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COMMON COUNCIL
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AND FURTHER that as recommended by the City Manager, Common Council
approve the sale of the City's interest in Parcel F (NBGIC Number 18242) and Parcel G
(NBGIC Number 18267) to Universal Industries Ltd. for the sum of $106,200 (plus GST,
if applicable) and the proceeds of the sale be shared with the other two levels of
government, or agencies thereof, on a percentage basis consistent with the past
practice for the sharing of lease revenues from the subject properties (less appraisal
fees), and the Mayor and Common Clerk be authorized to execute all such
documentation required to complete this transaction.
Question being taken, the motion was carried.
*18B. Minister Of Health And Community Services
Joint EmerQencv Services Dispatch Centre
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the copy of the
letter to Mayor McAlary from The Honourable Russell H. 1. King, Minister of Health and
Community Services, affirming that the Department concurs with the pending
agreement as to the implementation of a joint emergency services dispatch centre
serving police, fire and ambulance -- be received and filed.
Mr. Totten advised that, although the date of October 27 was set for the
City's Public Service Communications Centre to take responsibility for dispatching
ambulance services, some difficulty has developed and the City is now looking to mid-
November to have that service in place.
Question being taken, the motion was carried.
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that this meeting be
adjourned and Council meet in Committee of the Whole.
Question being taken, the motion was carried.
Common Clerk