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1996-11-04_Minutes 86-132 COMMON COUNCIL NOVEMBER 4, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of November, A.D. 1996, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillor Ball, Brown, Chase, 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; D. Logan, Purchasing Agent; 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 Allan Huskins, Interim Youth Pastor at Hillcrest Baptist Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that minutes of the meeting of Common Council, held on October 28, 1996, be approved. Question being taken, the motion was carried. 5. Mavor's Remarks Mayor McAlary noted that the Sea Belles national meeting will be held in the City of Saint John later this week; and advised that the City's recently-retired Director of Recreation Jack Brownell was recently honoured by Recreation and Parks Association of New Brunswick Inc. Mayor McAlary advised that an exercise storm warning will be carried out in the vicinity of the Carleton Community Centre on November 5 and 6 in order to test the ability of the City of Saint John Fire, Police and Emergency Measures Organization group to respond to an emergency situation. The Mayor proclaimed November 3 to 11 to be Veterans' Week in the City of Saint John and urged citizens to observe this week by wearing the memorial poppy of the Royal Canadian Legion. Mayor McAlary, referring to the recently-received Perivale + Taylor report on the Police audit, assured the citizens of the City of Saint John of the adequacy of Police protection in the City; and advised Council's intent, having met earlier this date, to meet again later this date to continue to put in place a plan of action to address the recommendations in the audit report and to work with Chief Sherwood and the City Manager, reporting to the public on a regular basis at Council's weekly meetings. Councillor Knibb noted the production of a play, "Fritz of Arnhem", at the Saint John High School on November 11, based on former Mayor Edis Flewwelling's book of the same title. Councillor Vincent commented on his attendance, representing the Mayor and Council, at the opening of Phase 1 of the Mispec Park ball park and restoration area, which was also attended by Councillors Brown and Waldschutz. 86-133 COMMON COUNCIL NOVEMBER 4, 1996 6. Police Act & ReportinQ Standards Consideration was given to a report from the City Manager referring to the considerable discussion and commentary in recent weeks with respect to both the Police Act and policing standards, as well as the considerable pressure for Common Council to request specific changes as recommended by Perivale and Taylor in its report on the review of the Saint John Police Force on the basis that the issue is far more complex; and also referring to action taken by the City of Saint John's partnership with the other cities of New Brunswick through the Cities of New Brunswick Association in a collective effort to forge ahead and address a number of concerns held by the City and its partners on the Police Act, and to the Solicitor General's correspondence on January 17, 1996 to the municipalities describing the process to be followed in the development of policing standards. The report advises that, while the City of Saint John could unilaterally ask the Solicitor General for specific changes in the Police Act as suggested in the Perivale + Taylor report, such a request at this time would do nothing to enhance the efforts of the other cities to push forward with the complete review with proper consultation that is currently underway; however, it has become apparent that there are concerns within the City of Saint John about specific sections of the Act (in addition to those shared with the other cities) related to: adequate independence and authority to permit a municipal board to govern effectively and, in particular (a) jurisdiction with respect to the dissolution of members, (b) police setting and appointment power, (c) budgetary authority and control, and (d) establishing the board as the employer; and recommends that, given the Cities of New Brunswick Association is currently participating in a Police Act Review Committee as established by the Solicitor General and that Mayor McAlary is the representative of the Association on this Committee, Council authorize the Mayor to table the recommendations contained in the Perivale + Taylor report for consideration in a full and complete review of the Police Act. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, given the Cities of New Brunswick Association is currently participating in a Police Act Review Committee as established by the Solicitor General and that Mayor McAlary is the representative of the Association on this Committee, Council authorize the Mayor to table the relevant recommendations contained in the Perivale + Taylor report for consideration in a full and complete review of the Police Act. Councillor Trites, in proposing the above motion adding to the City Manager's recommendation the word "relevant" prior to the word "recommendations", advised the intent to table the recommendations in the Perivale + Taylor report related to the Police Act, commissions and so on, as opposed to those of a more local nature. Councillor Brown commented on the basis of what appeared to be confusion as to applying to the Solicitor General's Office for legislation to allow a commission more control over policing services as the employer based on the Solicitor General's offer to assist in this regard, while at the same time Council was being given the indication that there had to be a review of the total Police Act and all, or no, changes made; and suggested that Council should meet with the Solicitor General's Office to clarify the intent of its offer to help. The Mayor, a member of the Police Act Review Committee, made the observation that, while a meeting with the Solicitor General could be the subject of a second motion as her Department has offered assistance to the City of Saint John in reviewing the Perivale + Taylor report and in implementing changes, the change relative to a commission would require Cabinet approval and would probably receive more support if included in the changes to be put forth by the Review Committee. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Brown Seconded by Councillor Knibb RESOLVED that the Solicitor General's Department be asked to meet with Common Council to discuss the Perivale + Taylor 86-134 COMMON COUNCIL NOVEMBER 4, 1996 recommendations on the Police Act as to having a police commission become the employer of the Police Force of the City of Saint John. Councillor Brown, whose initial motion was to ask the Solicitor General to meet, agreed to change the motion to ask the Solicitor General's Department to meet, at Councillor Trites' suggestion and indication of support for the latter. The Mayor, noting the motion adopted above, re-iterated the need to have the other municipalities' support for changes in the Police Act and questioned the purpose of the proposed motion which would have Council proceeding on its own. The Mayor advised of a forthcoming meeting of the Police Act Review Committee on November 13 in that she would, as in the past, keep Council apprised in this regard and, as to whether or not the above-proposed meeting was to be in open or closed session of Council, Councillor Brown advised the intent for the meeting to be in open session. Deputy Mayor Chase questioned the propriety of the above motion in that Council had already disposed of item 6 on the agenda, to which the Mayor replied that she accepted the motion because it was in conjunction with what was discussed under item 6. Mayor McAlary advised that, as mentioned in Committee of the Whole earlier this date, Council was in receipt of a letter from the Solicitor General, but not in time for inclusion on the agenda of this date; and read the subject letter at this time which, she added, would be placed on Council's agenda for the next meeting. Councillor Ball asked if the mover and seconder would consider withdrawing the above motion. On motion of Councillor Vincent Seconded by Councillor Ball RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillors Brown and Knibb voting "nay". 3. Uptown Saint John Inc. Perivale + Tavlor Report Consideration was given to a letter from Mr. J. Charles Swanton, President of Uptown Saint John Inc., requesting to appear before this meeting of Common Council to present comments regarding the Perivale + Taylor report, as well as a petition on behalf of businesses regarding the same issue. Mr. Swanton presented two petitions to Council on behalf of the business and property owners in the Business Improvement Area in the City of Saint John (the original of which he subsequently filed with the Common Clerk and of which he distributed copies to the Council members at this meeting), expressing concern with the policing services in the City, the documented mismanagement of the Saint John Police Force and the continued lack of appropriate crime prevention and deterrence by the Saint John Police Force to address the rising level of criminal activity in Saint John, one petition requesting that the Saint John Police Commission take the necessary actions to correct the ineffectiveness and inadequacies of present senior police management as detailed in the recent Perivale + Taylor review of the Saint John Police Force, the second petition requesting that the Mayor and Common Council of the City of Saint John undertake the necessary steps to bring about changes to Provincial legislation that would give the authority and ultimate responsibility of governing the Saint John Police Force to the Saint John Police Commission. Mr. Swanton, speaking on behalf of Uptown Saint John Inc., read a letter (copies of which were distributed to Council members at this meeting) expressing the opinion that, as one of the most critical recommendations contained in the Perivale + Taylor report is the fact that an effective police commission is absolutely critical, it is essential that a representative of Perivale and Taylor guide the interim team which will give short-term direction to the Saint John Police Force and, simultaneously, Council must make an application to the Solicitor General for a change to the Police Act allowing for the implementation of a police commission with total autonomy and responsibility for the Police Force. 86-135 COMMON COUNCIL NOVEMBER 4, 1996 4. Anne-Marie Mullin - Police Issue Consideration was given to a letter from Mrs. Anne-Marie Mullin requesting to make a brief presentation at this meeting on her concerns as a property and business owner and a citizen of the City of Saint John with regard to the Perivale + Taylor report and the Saint John Police Commission and to commend the men and women of the Saint John Police Force. Mrs. Mullin apprised Council of her concerns about the Saint John Police Force and, more specifically, what Council is prepared to do to ensure that the City of Saint John has an effective, efficient, attentive, responsive and proactive Police Force, reading from a prepared brief (copies of which were distributed to Council members at this meeting), and referencing the Perivale + Taylor report on the review of the Saint John Police Force. Mrs. Mullin expressed the view that a police commission is wanted and necessary in Saint John; requested that the Mayor and Common Council set aside and proclaim a day as Police Appreciation Day in recognition of the dedication, commitment and perseverance of the City's police officers in making the City a safer place in which to live; and presented the Mayor and Councillors with pins in recognition of the hard work ahead in moving forward together in the task of changing the way the community is policed. 7. Establishing Working Relationships With Saint John Police Force Consideration was given to a report from the City Manager making the observation that Council's assumption of responsibility for policing services in the community on October 28, 1996 creates a new working relationship between Council and members of the Saint John Police Force; and advising that, while given the relevant sections of the Police Act it should not be necessary for Council to adopt the recommendation proposed herein, the mere fact that Perivale and Taylor made the recommendations would indicate that there is either a misconception in the minds of the public or perhaps some misunderstanding by some individual officers. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely:- (a) Common Council may give orders and direction to the Chief of Police but not to other members of the Police service; and (b) no individual member of the Council shall give orders or direction to any member of the Police service. Question being taken, the motion was carried with Councillor Brown voting "nay". 8. Interaction With Police ManaQement Consideration was given to a report from the City Manager citing a statement from the Perivale + Taylor report on the review of the Saint John Police Force which references certain practices of the Board of Police Commissioners that excluded certain members of the management team; and recommending adoption of the submitted recommendation, given the current role of Common Council. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council adopt as a practice the extending of an invitation to the Deputy Chief of Police and the Assistant Deputy Chiefs of Police to attend all briefing sessions by the Police Chief, excepting those situations where the Chief specifically requests otherwise. Question being taken, the motion was carried. 86-136 COMMON COUNCIL NOVEMBER 4, 1996 9. ManawaQonish Road Truck Traffic Consideration was given to a report from the City Manager regarding the issue of truck traffic on portions of Manawagonish Road, particularly between the intersection of Manchester Avenue and Main Street West, as well as the most recent change to the Traffic By-Law in this regard and the August 26 presentation by Reverend Lloyd Lake on behalf of the Manawagonish Tree Preservation Committee; submitting a sketch showing the network of truck routes in the immediate area; and concluding that there is no easy way to address the concerns raised by the Manawagonish Road area residents without causing a significant disruption to other adjacent areas or to existing business concerns. The report suggests that changes to the By-Law in 1982 developed a reasonable compromise between concerns of residents and the interests of business establishments in the area, and also that, with the closure of the CP Express operation, there should be less truck traffic being generated in the area; and advises that it is staff's opinion that no changes to the present situation are warranted. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the submitted report regarding Manawagonish Road truck traffic, dated October 31, 1996, be received and filed and a copy be forwarded to Reverend Lloyd Lake for his information. Councillor Vincent suggested an amendment to the definition of truck in the Traffic By-Law so as to restrict truck traffic to smaller trucks for delivering of residential service, including fuel trucks, and Mr. Robichaud commented on the basis that the issue was not light trucks but rather a problem with heavy trucks and staff's opinion that, if the area were restricted to larger trucks and the By-Law changed so that only smaller trucks could use Manawagonish Road, it would be transferring, not dealing with, the problem. Councillor Brown expressed the opinion that, rather than receiving and filing the above report, a traffic study should be initiated in next year's budget and, upon Councillor Ball's indication that he would second such a motion, the Mayor noted the motion on the floor. Question being taken, the motion was carried with Councillor Brown voting "nay". 10. City Market By-Law Amendment Re November 24, 1996 OpeninQ On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising of the City Market Merchants Association's request for the City Market to be open on Sunday, November 24, 1996 from 12:00 noon to 5:00 p.m., the kick-off day for Christmas shopping in the Uptown area; and recommending that Common Council give first and second readings to the proposed amendments to the City Market By-Law as stated herein -- be received and filed: AND FURTHER that the by-law to amend the City Market By-Law with regard to the November 24, 1996 opening be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law to amend the City Market By-Law with regard to the November 24, 1996 opening be read a second 86-137 COMMON COUNCIL NOVEMBER 4, 1996 time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-Law. 11. Subdivision Of Paradise Row Rockland Road Properties Consideration was given to a report from the City Manager submitting Plan 1 showing the over 20 City-owned properties between Paradise Rowand Rockland Road which staff would like to better prepare for disposal and subsequent development, and a copy of Plan 2 showing the extreme northeastern portion of the subject property which is actually part of the Somerset Street right-of-way; and advising that staff would like to re-subdivide the lands shown on Plan 2 to facilitate the vesting of that portion of the Somerset Street right-of-way leading to and abutting the northeastern portion of the subject property, which would facilitate the disposal and development of the remaining land on the upper portion of the subject property. The report also advises the intent to present a further report to Council to recommend the closing of Munroe's Alley and the re-subdivision of the lower portion of the subject property; and submits a recommendation for Council's consideration. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council authorize staff to subdivide the City-owned lands on the upper portion of the property between Paradise Rowand Rockland Road, along with other City lands to the northeast of the subject property, as generally shown on the submitted Plan 2, for the purpose of establishing the limits of Somerset Street in relation to the subject property, and the Mayor and Common Clerk be authorized to execute the necessary plan. Question being taken, the motion was carried. 12. Amendment To CCO July 2, 1996 And July 29, 1996 - Municipal Services Easements 581 To 603 Rothesav Avenue Consideration was given to a report from the City Manager advising that title searches and surveys have revealed some inconsistencies with Common Council resolutions of July 2, 1996 and July 29, 1996 regarding municipal services easements at 581 to 603 Rothesay Avenue, with a change in name required for one property, the addition of the term approximate with respect to the area to facilitate the conversion from imperial to metric, and authorization for the City to pay legal costs incurred by the owners resulting from the purchase of easements which was not included in the recommendations; and recommending that these resolutions be amended accordingly. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council resolutions of July 2, 1996 and July 29, 1996, regarding municipal services easements at 581 to 603 Rothesay Avenue, be amended by: (a) authorizing the payment or reimbursement of legal costs incurred by the property owners from whom easements are being purchased; (b) adding the word "approximately" in front of all numbers which refer to the area of the easements to be purchased; (d) replacing the words "for replacement of storage building" and "for demolishing a garage", with the words "for the purchase of an accessory building to be demolished or otherwise removed by the City; and (d) replacing the name "Craig Jones" with the name "Bill's Siding Ltd.". Question being taken, the motion was carried. 86-138 COMMON COUNCIL NOVEMBER 4, 1996 13. Establishment Change - Sub-Foreman & Arena/Park Attendant Positions Read a report from the City Manager advising that a sub-foreman position has become vacant in the Parks Division of the Community Services Department due to a promotion of an individual to another position and, as the position of arena/park attendant is more valuable in a time where a shrinking workforce does not require the amount of supervision that was needed in the past, staff is recommending the deletion of a sub-foreman position and the addition of an arena/park attendant position; and also advising that, while CUPE Local 18 has advised that it does not favour the proposed Establishment change, the Union's concurrence is not required. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, one position of sub-foreman be deleted from the Establishment and one position of arena/park attendant be added to the Establishment. Question being taken, the motion was carried. 14. Tender For Uniform ClothinQ - Fire Department On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of R. Nichols Distributors Ltd., in the total amount of $35,280 (plus GST), be accepted for the supply of new tactical-style uniforms for the Saint John Fire Department. Question being taken, the motion was carried. 15. Control Of Activitv Within City's Watersheds Consideration was given to a report from the City Solicitor referring to Mr. Gordon Dalzell's letter considered by Council on September 16 in which he suggested that the City of Saint John enjoyed the authority to regulate and/or prohibit activity on the water bodies comprising the City's public water supply, as well as to various legislation examined in responding to this issue; and expressing the view that the better argument admits of exclusive authority in this regard vesting in the Minister of the Environment who, with the approval of the Lieutenant Governor in Council, may designate the water bodies in question as protected areas and that designation order can be incorporated in a regulation under the Clean Water Act, and also that, if the Legislature wishes to permit a municipality to adopt by-laws dealing with that same subject, it is incumbent upon the Legislature to express that intention more clearly than it has done. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Solicitor regarding the control of activity in the City's watershed be received and filed and a copy be forwarded to Mr. Gordon Dalzell as well as to the appropriate Provincial Minister with the request to move forward as quickly as possible with a designation that would protect the watershed area. Question being taken, the motion was carried. 16. Committee Of The Whole Report Read the report of the Committee of the Whole 86-139 COMMON COUNCIL NOVEMBER 4, 1996 (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 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 as recommended by the City Manager, in consideration of the sum of $500, the City grant to Pascal Realties Ltd. an uninterrupted right-of-way across and along a portion of the property identified as 80 Germain Street, as generally shown on the submitted plan, provided (1) the City will retain the right to designate from time to time the route to be travelled in the exercise of the right-of-way; and (2) the granting of this right-of-way in no way shall interfere with the existing use of, and parking space configuration on, the subject property, and the Mayor and Common Clerk be authorized to execute the necessary documents. November 4, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. RiQht-Of-Wav Germain Street 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. 17. Lois Muir - Condition Of Golden Grove Road On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Ms. Lois Muir concerning the condition of Golden Grove Road, particularly the lack of shoulders on the Road, and speeding traffic -- be referred to the City Manager. Question being taken, the motion was carried. 18. Saint John Construction Association Inc. Improvements To Golf Course ParkinQ Lot On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from Saint John Construction Association Inc. commenting on the basis of information brought to its attention that the tender for the improvements to Rockwood Park Golf Course parking lot was discarded in favour of doing the work "in house" at a cost less than the material cost; and suggesting that Common Council should abide by the City's public tendering policies and award the tender to the lowest qualified bidder, and should have been aware that there was a problem with the tender when seven bidders were invited and only one price was received, as well as ensure that the individuals on staff who are involved in tender calls are aware of the proper procedures for dealing with a tendering 86-140 COMMON COUNCIL NOVEMBER 4, 1996 thereby assuring that the process is consistent and fair for all involved -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk