Loading...
1996-11-12_Minutes 86-141 COMMON COUNCIL NOVEMBER 12, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twelfth day of November, A.D. 1996, 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; J. Nugent, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; S. Armstrong, Director of Engineering; M. Jamer, Director of Water and Sewerage Services; J. Baird, Manager of Community Planning; W. D. Todd, Manager of Public Safety Communications Centre; W. Edwards, Building Inspector; G. Tait, Fire Chief; D. Sherwood, Chief of Police; 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 Dr. Mark McKim, Pastor of Germain Street Baptist Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that minutes of the meeting of Common Council, held on November 4, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Captain Bill Pond, Commander, and Captain Mark Chapman, G Second- in-Command, led by piper MWO Mike Sullivan, Sergeant-Major, of G Company, 2 RCR, Camp Gagetown, entered the Council Chamber; and Captain Pond, having commented on the 2nd Battalion of the Royal Canadian Regiment's affiliation with the City of Saint John having in 1983 been conferred the Freedom of the City and G Company's NATO tour in Bosnia from January to July 1996 where it flew the City of Saint John's flag at one of its platoon strong points which was named Saint John Barracks, presented to the Mayor and Council a Regimental Pipe Banner, mounted for display purposes. Captain Pond noted the G Company logo on one side of the Pipe Banner and the Royal Canadian Regiment crest on the other side, as well as the manner in which the moose, an emblem on the City of Saint John's crest, was incorporated into its design, and read the inscription on the plaque. The Mayor accepted the Pipe Banner, in appreciation, on behalf of Common Council, and advised that it would be displayed in a very prominent place in City Hall. Mayor McAlary noted the Veterans' Week activities and the November 11 Remembrance Day services in the City, and expressed appreciation to those involved, including the Saint John Fire Fighters who participated in the parade. The Mayor welcomed to the meeting Mr. Richard Burpee, the 1996 United Way Campaign Chair, who addressed Council on the 1996 Campaign goal and the importance of the City of Saint John's role in endorsing and achieving this goal; introduced Messrs. Chris Titus, Chair - Municipal Division, and Wayne McLaggan, Executive Director of United Way 1996; and noted the information (copies of which were distributed to Council members at this meeting) on the 1996 Campaign. 86-142 COMMON COUNCIL NOVEMBER 12, 1996 Mayor McAlary noted the announcement earlier this date of the anticipated relocation of the Hong Kong Bank of Canada from Crown Street to the former Canada Permanent building on St. Patrick Street, last occupied by Sherlock's, as well as the November 8 announcement by THEMAX Canada Inc. of its intent to locate an IMAX Theatre in Saint John. The Mayor also noted the official opening on November 15 of Air Canada in Saint John, as well as the forthcoming Santa Claus Parade on November 16. The Mayor extended condolences to the family of the late Judge Thomas Bell, who passed away earlier this date. Deputy Mayor Chase commented on his attendance, on behalf of Council, at the hand-over ceremony of the Office of Honourary Danish Consulate for the Province of New Brunswick from Mr. Eric Teed to Mr. Peter E.L. Teed, as well as at the opening of the MADD (Mothers Against Drunk Driving) Red Ribbon Campaign earlier this date, noting the Red Ribbons which were distributed to Council members at this meeting in this regard. The Deputy Mayor commended the members of the Saint John Police Force who perform in the Country Blues Band on a recent performance at Brunswick Square on behalf of the Telephone Pioneers. The Mayor commented on a meeting of the Mayors with the Premier earlier this date in Fredericton. 4. Residential Tax Base Review Committee Consideration was given to a report from the Residential Tax Base Review Committee recommending that (1) a reception and customer service centre be located in the pedway system in front of the elevators at City Hall for the general public; and (2) Council accept proposals from real estate agents to market for sale the inventory of lands that are owned by the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the Residential Tax Base Review Committee's recommendation that a reception and customer service centre be located in the pedway system in front of the elevators at City Hall for the general public -- be referred to the City Manager, and Council endorse the Committee's recommendation that Council accept proposals from real estate agents to market for sale the inventory of lands that are owned by the City of Saint John. The initial motion proposed was to adopt the above two recommendations and, further to Councillor Knibb's concern about the cost of a reception and customer service centre and the Mayor's suggestion that the motion should be to refer recommendation (1) to the City Manager for review, and to move ahead with recommendation (2), the motion was changed accordingly with the consent of the mover and seconder. Question being taken, the motion was carried. 5. BoatinQ Activitv In City Watershed On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor McAlary submitting a copy of a letter forwarded to her by the Minister of Advanced Education and Labour from the Minister of the Environment about the possibility of prohibiting boating on lakes which form the water supply for the City of Saint John, advising that water use on lakes and rivers within drinking water supply watersheds will be addressed in Phase II of the Watershed Protection Program which will be announced in the near future and the results of this review will form the basis for any necessary restrictions and/or limitations to be imposed on boating activity -- be received and filed. 86-143 COMMON COUNCIL NOVEMBER 12, 1996 Question being taken, the motion was carried. 6. GEMTEC Limited's Survey Of Spruce Lake Landfill Site On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mayor McAlary submitting a copy of a letter to the Minister of the Environment as well as a report from GEMTEC Limited addressing a number of issues raised in the Minister's September 19, 1996 letter to the City concerning the status of the Spruce Lake landfill - - be received and filed and Council thank the Mayor for her action and confirm her recommendation to the Minister of the Environment, as indicated in the final paragraph of her submitted letter to the Minister, to follow the consultants' suggestion that City staff, GEMTEC Limited and Department of the Environment staff work together to ensure that the Lorneville site may continue to be used for the short term until October 1997. Question being taken, the motion was carried. 7. Implementation Of Perivale And Tavlor's Audit On Police Department Consideration was given to a letter from Deputy Mayor Chase advising that he is not convinced that Council's referral last week to the Police Act Review Committee is where the matter ends, nor is he convinced that Council should wait for the Committee to do something; hence, he wishes to suggest some concurrent lines of movement on the issue of the implementation of Perivale and Taylor's audit on the Police Department. Deputy Mayor Chase suggested that Council should accept in principle the Perivale + Taylor report as a working document and also engage Perivale and Taylor, or one of the team, to return to the City to provide Council with follow up on the report and recommendations and discuss with Council a sequencing plan in terms of how the recommendations or time lines of them would come into effect and how they would impact on future budgets, the latter on the basis of his opinion that the 40 to 45 minutes the Council members had with Mr. Keith Taylor and Ms. Susan Eng was not sufficient for the cause of understanding all the nuances of what was in the report; and also suggested that Council should petition the Solicitor General on one item, that being establishing a police commission as the employer, and the New Brunswick Police Review Act Committee could deal with the rest, and also that Common Council should go on record as a body supporting the principle of a police commission, and that as much as possible of what Council does in this regard should be done with as much openness as possible. Deputy Mayor Chase proposed a motion, which was seconded by Councillor Waldschutz, that Common Council accept in principle the recommendations of Perivale and Taylor in their report on the review of the Saint John Police Force, which was presented to the City, and petition the Solicitor General this week to change the Police Act in the necessary areas as has been suggested both by the Perivale + Taylor report and the Minister with regard to employer status for a future police commission. Mayor McAlary noted Council's actions at its last meeting with regard to the Police issue, including referral of proposed legislative changes to the Police Act Review Committee, as well as Council's meeting with the Chief in Committee of the Whole on November 4 and its intent to meet later this date in Committee of the Whole with the Chief and members of senior management; and cautioned Council on taking action further to that already taken without having discussion with the Chief of Police and senior management, including the Deputy Mayor's suggestion about having Perivale and Taylor return to the City. The Mayor acknowledged Deputy Mayor Chase's point of order that the latter was not part of his motion. Speaking in support of the motion, Councillor Ball suggested that Council could work in parallel with the Police Review Act Committee; Councillor Brown 86-144 COMMON COUNCIL NOVEMBER 12, 1996 put forth the view that accepting the report in principle would not be endorsing it; and Councillor Waldschutz, in noting the Solicitor General's indication of her willingness and desire to amend the legislation, suggested that Council should take her up on her offer and go to her directly, rather than go through an extra level with the Committee. Councillor Knibb asked if staff would have any concerns about Council accepting the Perivale + Taylor report in principle, and suggested that the part of the motion dealing with the Police Act should be considered when the Solicitor General's letter is considered under item 14 on the agenda of this meeting, noting that a motion in this regard was tabled at the last meeting on the basis that Council should deal at this time with only the first portion of the motion to accept the report in principle. Councillor Trites expressed concern about the extent of Council's agreement with the recommendations in the Perivale + Taylor report should it accept the report in principle at this time, as well as about asking the Solicitor General to amend a small section of the Police Act to provide the ability to give a police commission authority as the employer, the latter on the basis that it could indicate that the next step would be to move towards a new police commission, as well as about taking an ad hoc approach to changes in the legislation; and suggested that the proposed motion would interfere with what Council has already asked City staff to do. Councillor Fitzpatrick spoke against the proposed motion on the basis that Council's action to date was the right way to proceed; and Councillor Arthurs advised that, although she could not support the motion, she agreed with bringing in experts, be it Perivale and Taylor or the Solicitor General, to help Council make its decisions. Councillor Gould suggested that the Perivale + Taylor report should be used as a guideline for correcting the obvious difficulties that now exist and, as to the terminology of accepting the report in principle, the report should be either accepted or not accepted as acceptance in principle has no meaning whatsoever. The Mayor proceeded to call the question on the above motion, whereupon Councillor Knibb, on a point of order, re-iterated his request for the two recommendations in the motion to be separated in that the latter should be dealt with during consideration of the Solicitor General's letter under item 14 on the agenda of this meeting and which was the subject of a tabled motion at Council's last meeting, and only the first recommendation should be dealt with at this time; and the mover and seconder changed the motion accordingly. On motion of Deputy Mayor Chase Seconded by Councillor Waldschutz RESOLVED that Common Council accept in principle the Perivale and Taylor recommendations as recently put before the members of Common Council in a report on a review of the Saint John Police Force. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Fitzpatrick, Gould, Knibb and Trites voting "nay". Deputy Mayor Chase advised his intent to propose the second motion during consideration of item 14. 8. Cost To City Of Les Jeux De L'Acadie On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that report from the City Manager advising that, further to Mr. John M. Wood's request for the City to disclose the financial involvement of the City of Saint John in hosting les Jeux de l'Acadie, the City's total "out-of-pocket" contribution was $36,980; and also, although no report has been completed on the economic impact of this event to Saint John, a report prepared for the 1995 games in Richibucto indicated that the impact on the local economy was in excess of $1.5 million and, as the City of Saint John drew more people because of the availability of accommodations, the economic impact should exceed that of Richibucto - - be received and filed and a copy be forwarded to Mr. John M. Wood. Question being taken, the motion was carried. 86-145 COMMON COUNCIL NOVEMBER 12, 1996 9. Memorandum Of Understanding Re NB 911 Service Consideration was given to a report from the City Manager advising that the City is now prepared to follow-up on the next phase of the New Brunswick Enhanced Emergency Telephone Service by extending the NB 911 service to the remainder of the region which will provide two prime functions - call-taking and call transfer - but not include the actual dispatch of emergency personnel and equipment for any agency other than the Saint John Fire Department and the Saint John Police Force; and recommending approval of the submitted Memorandum of Understanding in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council approve the submitted Memorandum of Understanding respecting the NB 911 Service between the Department of Municipalities, Culture and Housing for the Province of New Brunswick 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 Memorandum of Understanding on behalf of the City. Question being taken, the motion was carried. (Deputy Mayor Chase withdrew from the meeting.) 10. Rescinding CCO September 16, 1996 Re License Agreement With Saint John Port Corporation And Re Easement & Right-Of-Way Agreement Western Collector Trunk Sewer Proiect Consideration was given to a report from the City Manager advising that, further to Common Council resolution of September 16, 1996 authorizing a license agreement with the Saint John Port Corporation for the installation of a trunk sewer line, staff now wants to obtain an easement and right-of-way agreement due to timing issues and the forthcoming changes to the Marine Act after which staff will seek a long- term agreement from the Port; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council resolution of September 16, 1996, pertaining to the entering into of a license agreement or similar with the Saint John Port Corporation, be rescinded: AND FURTHER that as recommended by the City Manager, Common Council authorize the entering into of an easement and right-of-way agreement with the Saint John Port Corporation for the installation of a trunk sewer line over various portions of Port property, and the annual fee for this easement will generally be equal to the sewage charges for the sewage discharged from: (a) the building known as the Canadian Enterprises building; (b) the building known as the Saint John Port Corporation maintenance shed; (c) the two buildings located on the north and south sides of Shed 12; and (d) the building known as Shed 8, containing a total of 29 fixture units, as existing on September 4, 1996; and the Mayor and Common be authorized to execute all required documentation. Question being taken, the motion was carried. 86-146 COMMON COUNCIL NOVEMBER 12, 1996 11. City Market By-Law Amendment RespectinQ November 24 OpeninQ Read a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the City Market By-Law with respect to opening on Sunday, November 24, 1996, which was given first and second readings on November 4. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C-115-9 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", with regard to opening on November 24, 1996, be read a third time and enacted and the Common Corporate Seal be affixed thereto. (Councillor Waldschutz withdrew from the meeting.) The by-law entitled, "By-Law Number C-115-9 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Deputy Mayor Chase and Councillor Waldschutz re-entered the meeting.) 12. 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 November 4, 1996, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, Common Council appoint Mr. Gary Lawson as the City's nominee in the grievance arbitration in the matter of health and dental plan benefits. Tuesday, November 12, 1996, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 12.1. City's Nominee To Arbitration Of Grievance Re Health & Dental Plan 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. 86-147 COMMON COUNCIL NOVEMBER 12, 1996 13. Task Force On Marco Polo Project On motion of Councillor Ball Seconded by Deputy Mayor Chase RESOLVED that the report from Mr. David L. Doyle, Chairman of the Task Force on the Marco Polo Project, advising Council of the Task Force's actions since its appointment on August 25, 1995 and that it has not been able to identify any firm financial commitments from levels of government or from any private or corporate group; expressing the view that, while to promote this project in isolation, is not prudent at this time, the project in some form has merit and should be pursued, and the newly-appointed Market Square Corporation should include the Marco Polo in its future plans for the waterfront; and also advising that the Task Force members have completed their work and enjoyed the opportunity to serve -- be referred to Board of Directors of The Market Square Corporation and the members of the Task Force on the Marco Polo Project be thanked for their efforts in this regard. Councillor Knibb suggested that the motion should be to refer the above report to the Corporation with instructions that the Marco Polo Project is to go ahead, noting that on August 12, 1996 Council approved a list of priorities, number 2 of which was waterfront development in which the Marco Polo Project was referenced; and Councillor Trites suggested that a copy of the above report should be referred to Mr. Barry Ogden of the Marco Polo Project. Question being taken, the motion was carried. 14. Solicitor General Re Police Issue Consideration was given to letter from Solicitor General Jane Barry (which was referred to by Mayor McAlary at Council's last meeting) sharing her perspective on the Perivale + Taylor report on the review of the Saint John Police Department, further to her October 29 news conference to provide her response to this report; and offering the services of her Department to assist the City of Saint John in this important issue. Councillor Knibb suggested that Council should thank the Solicitor General for her letter and take from the table the motion tabled at Council's last meeting asking the Solicitor General's Department to meet with Common Council. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that Common Council take from the table for consideration at this time the motion to ask the Solicitor General's Department to meet with Common Council, which was tabled at the November 4, 1996 Council meeting. Councillor Knibb suggested that the meeting could occur in open or closed session of Council at the Solicitor General's choice. Question being taken, the motion was carried. The Mayor asked Council to now consider the motion which was taken from the table. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Solicitor General's Department be asked to meet with Common Council to discuss the Perivale + Taylor 86-148 COMMON COUNCIL NOVEMBER 12, 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. Question being taken, the motion was carried. 14. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the Solicitor General be thanked for her offer to assist the City of Saint John with respect to policing matters. Question being taken, the motion was carried. 15. Kevin Burnside & Janet Hebert Re-ZoninQ Of 30 Mountain Road On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Kevin Burnside and Janet Hebert for the re-zoning of 30 Mountain 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, January 6, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 16. 250 (Saint John) Air Force Association Of Canada Re Completion Of Memorial On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that the letter from 250 (Saint John) Air Force Association of Canada expressing appreciation to those who assisted in the completion of a memorial which pays tribute to those of all services, the Navy, Army, Air Force and Merchant Navy who made supreme sacrifices in World War I, World War II and the Korean War -- be received and filed. Question being taken, the motion was carried. 17. Co-Founder & Co-Chair White Ribbon CampaiQn On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mr. Jack Layton, Co-Founder and Co-Chair of the White Ribbon Campaign, requesting participation in this Campaign to put an end to violence against women -- be received and Council endorse the Campaign. 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. 86-149 COMMON COUNCIL NOVEMBER 12, 1996 Common Clerk