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1996-11-25_Minutes 86-160 COMMON COUNCIL NOVEMBER 25, 1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth 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, 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; W. Edwards, Building Inspector; G. Tait, Fire Chief; D. Sherwood, Chief of Police; G. Ingraham, Assistant Deputy Chief of Police; A. Martin, Assistant Deputy Chief of Police; B. Fillmore, Assistant Deputy Chief of Police; A. Bodechon, Assistant Deputy Chief of Police; K. MacDonald, Police Department; Ms. J. Holt, Police Department; 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 Warren, Pastor of Saint John Foursquare Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that minutes of the meeting of Common Council, held on November 18, 1996, be approved. (Deputy Mayor Chase entered the meeting.) Question being taken, the motion was carried. 3. Mavor's Remarks The Mayor welcomed to the meeting Ms. Terri Levine who addressed Council on the Festival of Trees fund-raising project, a joint venture of Mindcare New Brunswick, the St. Joseph's Hospital Foundation and the Saint John Regional Hospital Foundation, to be held November 27 - December 1 at the New Brunswick Museum in Market Square; and expressed appreciation to the people who donated prizes for the raffle to be held during the Festival, thanking Councillor Walter Ball who built a rocking horse for this purpose. Mayor McAlary called upon Ms. Anne Merzetti, Chairman of the 1996 Santa Claus Parade Committee who announced the award-winning participants in the 1996 Parade to whom the Mayor presented the awards as follows: Russel Metals Inc. - Best Float; Saint John Port Corporation - Best Theme; Full Gospel Assembly - Best Association Entry; McAllister Place - Best Retail Entry; Jeff White of St. Stephen for Best Out-of-Town Entry; #1691 Saint John Army Corps - Best Marching Band; #527 Simonds Royal Cadet Air Squadron - Best Marching Group; Barnhill Memorial Junior High School - Best Cheerleaders; #24 Courtenay District Scouts - Best Non- Commercial Float; Simonds High School - Best High School Float; Esso Home Comfort - Chairman's Choice; Joseph Goguen - Best Individual Entry; Fundy Twirl Frame - Best Majorette Group; Russel Metals Inc. - Best Individual Float; and Skate-To-Care, Diamond Taxi, Irving Oil, Saint John Power Commission, Quispamsis Junior High School Cheerleaders, CB Club, Lancaster Girl Guides and Loch Lomond Twirlers - 86-161 COMMON COUNCIL NOVEMBER 25, 1996 Honourable Mention. Following a brief recess, the Council meeting reconvened. At the Mayor's invitation, Ms. Marion Moore, Maritime Regional Co- Ordinator for Amnesty International, and Mr. Robert Holmes-Lauder, Chair of Amnesty International, Group 24 in Saint John, addressed Council with regard to the December 10 celebration of the signing of the International Declaration of Human Rights. Mayor McAlary proclaimed December 1996 to be Lung Awareness Week on behalf of the New Brunswick Lung Association, and December 1, 1996 to be World AIDS Day on behalf of the World Health Organization. The Mayor noted an Opera New Brunswick concert at the Imperial Theatre on November 27 featuring Maureen Forrester; and Councillor Gould noted the television airing on November 30 of the 1996 Empty Stocking Fund. 4. Julian Fantino - Community-Based PolicinQ Chief Sherwood introduced Mr. Julian Fantino, Chairman of the Criminal Intelligence Service, and Chief of Police of London, Ontario, who addressed Council on the philosophy of community-based policing, referencing his article published in Blue Line Magazine (copies of which were forwarded to Council members as an information item at the November 18 Council meeting). Mr. Fantino explained that there is no formula, nor "canned" program that can be bought, for community policing, also referred to as community-based policing, neighbourhood policing, zone policing and problem-solving policing, in that the role of police has always been to provide quality service to the community - the best possible police service that the community wants, is able to sustain and willing to support, and the terminology refers to an appropriate group of tactics jointly employed by the police and the public to reduce crime and restore a public sense of safety and security. Mr. Fantino suggested that, at the outset, there has to be a reality about the whole issue of what is expected and how to reach it, the latter being a community effort with a shared equal responsibility by the City and the community, including the Police Department, thus the Police Department should not be put in a position of higher accountability than all other entities; and commented on the basis that, although the long-term cost and benefits of problem-solving policing remain unknown, this approach as a corporate-wide policing policy or strategy is very important, taking into account the cost of training, communication, buy-in, the wants and expectations of the community, and identification of the cause of problems rather than just dispatching police continuously to calls for service. Mr. Fantino referred to community policing as a philosophy, an attitude and a way of thinking, but a not-so-new way of policing, with the main focus being on local problem-solving to improve public safety with the specific strategies to be determined in accordance with the problems and resources in the community; advised that things should not be expected to happen without dedicating the resources necessary to do what needs to be done as determined by the community; and cautioned against thinking that community policing in other areas might be the City's panacea in that, while that might be the case, it must be ensured that it is tailored and specific to the problems with which the City needs to deal and solve. Mr. Fantino re-iterated that community policing involves all segments of the community, including the full-range of residents, business people and agencies, and that, while programs can be obtained that compliment the philosophy of community- based policing, be it storefronts, foot patrol or dedicated patrol, community-based policing requires leadership, resources, commitment and buy-in. Mr. Fantino responded to Council queries on issues, including the need for specialized units to support officers on the street; the dedication, commitment and continuity needed for community-based policing; the need to get people to do things for themselves; and relative to the Police Department in London, Ontario. The Mayor, in thanking Mr. Fantino for his presentation, presented him with a gift in appreciation; and noted the Annual Report of the London, Ontario Police Force (a copy of which was circulated among the Council members at this meeting). 5. Cost Of Ice Rental At City Arenas On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mayor 86-162 COMMON COUNCIL NOVEMBER 25, 1996 McAlary submitting a letter from Mr. Bob LeBreton, Tournament Director for the Saint John Youth Hockey Association, regarding the cost of ice rental for the use of City arenas during tournaments, and expressing the view that the City's charge per tournament is too steep for minor hockey -- be referred to the City Manager. Councillor Trites spoke against referral to the City Manager in that Council, in the 1996 budget, made a decision as to the cost of ice rental; and suggested that, rather than create an unnecessary workload for staff and as in his opinion Council does not have the funds to consider tournaments as a special situation, the letter should be received and filed and Council express its understanding of the situation but that the municipality is not in a position to deal with the request financially. Question being taken, the motion was carried with Councillor Trites voting "nay". 6. Zoning By-Law Text Amendment Redemption Centres - Recycling Operations In Industrial Zones On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-422 A Law To Amend The Zoning By-Law Of The City Of Saint John", by (1) amending Section 620(1)(b) by deleting the words "storage of scrap paper, bottles, rags and non-ferreous materials without processing of any kind and contained in a building not exceeding 190 square metres in area" and inserting the words "storage and/or recycling depot for scrap paper and paper products, plastic products, aluminum and steel cans, bottles and other beverage and food containers, including a redemption centre, provided that it is contained within an enclosed building"; (2) amending Section 630(1)(b) by deleting the words "subject to subsection 2(f), the storing, baling or processing of scrap paper, bottles, rags and metal" and inserting the words "subject to subsection (2)(f), the storing, baling or processing of scrap paper and paper products, plastics, bottles, rags and metal"; (3) amending Section 640(1)(a) by deleting the words "subject to subsection 3(a), storage of salvaged bottles, rags and non-ferreous metals" and inserting the words "subject to subsection (3)(a), storage and/or recycling depot for scrap paper and paper products, plastic products, aluminum and steel cans, bottles and other beverage and food containers, including a redemption centre"; (4) deleting Section 640(3)(a) and replacing it with the following: "(a) a storage and/or recycling depot for scrap paper and paper products, plastic products, aluminum and steel cans, bottles and other beverage and food containers, including a redemption centre shall be contained within an enclosed building"; (5) amending Section 650(1)(a) by deleting the words "subject to subsection 3(a), storage of salvaged bottles, rags and non-ferreous metals" and inserting the words "subject to subsection (3)(a), storage and/or recycling depot for scrap paper and paper products, plastic products, aluminum and steel cans, bottles and other beverage and food containers, including a redemption centre"; (6) deleting Section 650(3)(a) and replacing it with the following: "(a) a storage and/or recycling depot for scrap paper and paper products, plastic products, aluminum and steel cans, bottles and other beverage and food containers, including a redemption centre shall be contained within an enclosed building" -- be read a third time and enacted and the Common Corporate Seal be affixed thereto. (Councillor Vincent withdrew from the meeting.) The by-law entitled, "By-Law Number C.P. 100-422 A Law To Amend The Zoning By-Law Of The City of Saint John", was read in its entirety. Question being taken, the motion was carried. Councillor Knibb questioned the status of a proposed Zoning By-Law text amendment relative to a redemption centre at 1150 Fairville Boulevard, which was given first and second readings on October 7, 1996, to which Mr. Nugent replied to the effect that the above Zoning By-Law amendment would allow the redemption centre at 1150 Fairville Boulevard to proceed and there would be nothing further required by way of legislation to permit that. 86-163 COMMON COUNCIL NOVEMBER 25, 1996 (Councillor Vincent re-entered the meeting.) 7. Zoning By-Law Amendment 1181 Latimer Lake Road On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the by-law entitled, "By- Law Number C.P. 100-423 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar as it concerns re-zoning a parcel of land at 1181 Latimer Lake Road (NBGIC Number 333633), from "IL-1" Neighbourhood Institutional to "RS-1 M" One- and Two-Family and Mobile Home Suburban Residential 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. 100-423 A Law To Amend The Zoning By-Law Of The City of Saint John", was read in its entirety. Question being taken, the motion was carried. 8. Preservation Review Board Election Of Officers 1997 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Preservation Review Board advising of its election of the following officers for the 1997 calendar year: Robert Ring - Chair, Philip Huggard - 1 st Vice, and Lisa Tracey - 2nd Vice -- be received and filed and the Preservation Review Board be wished well in its endeavours. Question being taken, the motion was carried. 9. Teed & Teed, Representing North End Family Housing Co-Operative Limited Vandalism Victoria And EIQin Streets On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Teed & Teed, representing North End Family Housing Co-Operative Limited, advising of incidents, including vandalism, at Co-Op buildings at 147-149 Victoria Street and 50 Elgin Street and that, although members of the Co-Op have called the police, they have been advised by the Chief of Police that there is nothing the police can do unless the offending parties were caught in the act; and requesting that Council give this matter its immediate attention and take positive action before something more serious happens and someone gets injured -- be referred to the Chief of Police. Chief Sherwood advised that, as a surplus is anticipated in the 1996 Police budget, it would be the intent to use some of that money to put additional officers on the street during the holiday season and, in the above regard, advised that he would like an opportunity to review the matter and submit a report to Council. Question being taken, the motion was carried. 10. FCM - Presidents' Activities On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Byron Wilfert, President of the Federation of Canadian Municipalities, advising of his activities as FCM President since his last letter to Council -- be received and filed. Question being taken, the motion was carried. 86-164 COMMON COUNCIL NOVEMBER 25, 1996 11. UNBSJ - Sponsorship Of Second Annual Faculty Of Business High School Business Simulation Competition On motion of Councillor Waldschutz Seconded by Councillor Vincent RESOLVED that the letter from the Faculty of Business of the University of New Brunswick - Saint John Campus requesting that the City of Saint John become affiliated with UNBSJ's second annual Faculty of Business High School Business Simulation Competition - Orientation to Running an Entrepreneurial Organization (OREO), through a sponsorship of $175 -- be received and filed and a grant of $175 be approved. Question being taken, the motion was carried. 12. Fundy Region Solid Waste Commission Notice Of Vote To Purchase Crane Mountain Site On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Fundy Region Solid Waste Commission giving notification that at its December 19 meeting it will be asking the Commission for authorization to purchase the land at Crane Mountain for a regional sanitary landfill and associated facilities -- be received and Council authorize its representative on the Commission, being Mayor McAlary, to support the purchase of the Crane Mountain site. Councillor Vincent questioned the availability of the property in question and the Commission's ability to purchase it, to which the Mayor replied that the Commission has an agreement with the land owners for the purchase of the property by the end of December, although there is an ongoing expropriation on the woodlot issue. Councillor Trites, referring to Common Council resolution of October 21, 1996 on the support of borrowing resolutions on the understanding that no funds would be expended until the annual budget was approved, made the observation that Council has not yet seen nor approved the Commission's annual capital budget, and that the above letter does not meet the commitment put forward to Council by the Commission; and suggested that this matter should be tabled until the budget is received and that Council would be setting a precedent for next year should the above motion be adopted at this time. On motion of Councillor Fitzpatrick Seconded by Councillor Trites RESOLVED that the above matter be laid on the table pending receipt of the Commission's 1996 budget. Question being taken, the tabling motion was carried with the Mayor and Councillors Chase, Gould, Knibb and Waldschutz voting "nay". 13. Joanne Comeau - Vehicles On City Road PassinQ School Bus Consideration was given to a letter from Mrs. Joanne Comeau advising that, for the safety of her 5-year old daughter and others who catch a school bus on City Road off Meadow Street, she needs the assistance of the Police Department to do surveillance during the school bus times as, almost on a daily basis, vehicles pass the school bus while its red lights are. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that Council hear from the Chief of Police at this time with regard to the policy for school buses. 86-165 COMMON COUNCIL NOVEMBER 25, 1996 Councillor Knibb suggested that it would not be fair to refer the above matter to the Chief if it were anything other than a regular procedure. Question being taken, the motion was carried. Chief Sherwood advised that the general policy relevant to school buses is that Police vehicles check school areas and areas where buses are to ensure that the public is obeying the drivers' red warning lights, while in other cases a school bus driver could call in with a license plate number of a vehicle which passed the bus while loading and unloading children, and people are charged accordingly. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mrs. Joanne Comeau regarding vehicles on City Road passing school buses which have their red lights flashing -- be referred to the Chief of Police. Question being taken, the referral motion was carried. 14. B. Doucette - Transit Service On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from B. Doucette advising that, having contacted City transit complaining of people with carriages sitting at the front of City transit buses blocking the aisle and making it difficult for people boarding the buses, the gentleman there avoids the issue; and suggesting that people with carriages should sit in the back seats of City transit buses -- be referred to the Saint John Transit Commission. Question being taken, the motion was carried. 15. Marathon By The Sea Organizing Committee Appreciation For City's Support On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Marathon by the Sea Organizing Committee thanking Council for its support over the past two years, and submitting information on the Marathon -- be received and filed with appreciation for the efforts put forth in hosting Marathon by the Sea. Question being taken, the motion was carried. 16. John M. Wood - City Manager's Report Re Cost To City Of Les Jeux De L'Acadie On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Mr. John M. Wood expressing the view that the City Manager's report to Council on November 12 on the cost to the City of les Jeux de l'Acadie provides taxpayers with virtually no answers to how their tax dollars are used; and requesting Council to again try to answer his simple questions -- be received and filed. Question being taken, the motion was carried. 86-166 COMMON COUNCIL NOVEMBER 25, 1996 17. Knights Of Columbus Council 937 Nativitv Scene In KinQ's Square On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Knights of Columbus Council 937 requesting permission to place a Nativity Scene in King's Square for the Christmas season -- be received and filed and permission be granted. Question being taken, the motion was carried. 18. Anne-Marie Mullin - Request To Appear Re Plan Of Action For PolicinQ Problem Consideration was given to a letter from Ms. Anne-Marie Mullin requesting the opportunity to appear at this meeting regarding a progress report or plan of action in dealing with the recognized or acknowledged policing problem in Saint John. Mayor McAlary noted Council's practice relevant to public delegations in that they are scheduled for 7:00 o'clock p.m. Council meetings and that a two-thirds ruling of the total membership of Council would be required to hear Ms. Mullin at this meeting in accordance with the Council Procedural By-Law; and suggested that Ms. Mullin could make her presentation at the December 16 Council meeting in view of the public hearing and number of delegations scheduled for the December 2 meeting at 7:00 o'clock p.m. Councillor Waldschutz proposed a motion, which was not seconded, to invite Ms. Mullin to address Council at this time. 19. Warren Searle - Forced Union With Kennebecasis Vallev On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mr. Warren Searle issuing a warning if a union between the City and the Kennebecasis Valley were forced -- be received and filed. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk