1996-12-09_Minutes
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COMMON COUNCIL
DECEMBER 9, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the ninth day of December, 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; J. Baird, Manager of Community Planning;
D. Logan, Purchasing Agent; W. Edwards, Building Inspector; L.
Graham, Manager of Data Processing; G. Tait, Fire Chief; D.
Sherwood, Chief of Police; G. Buchanan, Manager of Protective
Services; W. Carr, 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 Lloyd Lake,
Chaplain of Loch Lomond Villa, 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 December 2, 1996, be approved.
Question being taken, the motion was carried.
3A. Council Representation
At Public Functions
Read a letter from Deputy Mayor Chase advising that it has come to his
attention that, from time to time, invitations for a representative of the City to attend
meetings and functions are forwarded to the Mayor's Office and, if the Mayor is unable
to attend due to other commitments, no one attends in her stead, and also that former
Councils had an arrangement of a roster whereby Councillors would attend when the
Mayor was unable to do so; suggesting that, as there may be the occasional instance
when the inviting party does not wish anyone other than the Mayor, there would be no
Council representative; and proposing that Council adopt this as a policy and request
the Mayor to arrange to have a representative roster so that when the Mayor is unable
to attend functions to which a City representative has been invited, a Councillor who
can attend will be contacted, thereby ensuring the City is officially present and to allow
all Councillors an opportunity to fulfil a civic duty.
(Councillor Trites entered the meeting.)
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the above letter from
Deputy Mayor Chase be received and filed.
The Mayor noted her practice of calling on Councillors to attend
functions when she is unable to do so.
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Question being taken, the motion was carried.
3B. Water And Sewerage By-Law Amendment
Removal Or Disconnection Of PlumbinQ
Consideration was given to a letter from Deputy Mayor Chase advising
that the Water and Sewerage Appeals Committee, of which he is Chairman, has
identified some areas for improvement in the process, particularly with regard to
decommissioning or de-listing an apartment unit so that no water and sewerage applies
following inspection of the unit by City staff which, typically, involves removal of the
kitchen sink and disconnection of associated plumbing, in that the fee of $50 for a
plumbing inspection permit for the change of use is simply beyond the reach of some
people in indigent circumstances; and recommending that staff examine this and other
relevant articles of the Water and Sewerage By-Law and associated City laws and
regulations with a view to recommending changes to Council in the new year.
On motion of Deputy Mayor Chase
Seconded by Councillor Knibb
RESOLVED that the above letter from
Deputy Mayor Chase be referred to the City Manager.
Question being taken, the motion was carried.
4. Garbage By-Law Amendment To Clarify
Language & Allow Practice Of Holding
GarbaQe In Holidav Situations
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
City Manager advising of an oversight discovered with a portion of the text of the
proposed Garbage By-Law amendment, to which Council gave first and second
readings at its last meeting, in that subsections 8(1) and (2) were amended by
incorporating new wording, however the preamble stated: "6. Subsection 8(1) is
repealed and the following is substituted:", while it should have read: "6. Section 8 is
repealed and the following is substituted:"; and recommending that, as section 12(3) of
the Municipalities Act states that a proposed by-law may be amended at any time prior
to third reading by title, the proposed amendment include the above correction and that
third reading be given to the submitted Garbage By-Law amendment -- be received and
filed and the recommendation adopted:
AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law
Respecting The Storage, Collection And Disposal Of Solid Waste In The City Of Saint
John, New Brunswick", be read a third time and enacted and the Common Corporate
Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting The
Storage, Collection And Disposal Of Solid Waste In The City Of Saint John, New
Brunswick", was read in its entirety.
Question being taken, the motion was carried.
5. City Market By-Law Amendment
Sunday OpeninQ, December 22
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the report from the City
Manager advising of the City Market Tenants Association's request for the City Market
to be open on Sunday, December 22, 1996; and recommending that Council give first
and second readings to the proposed By-Law amendment as indicated -- be received
and filed:
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AND FURTHER that the by-law to amend the City Market By-Law, with
regard to Sunday opening, December 22, 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 Deputy Mayor Chase
RESOLVED that the by-law to amend
the City Market By-Law, with regard to Sunday opening, December 22, be read a
second time.
Question being taken, the motion was carried.
Read a second time the by-law to amend the City Market By-Law.
6. Housing Incentive Program
Applications HIP #24 - #26
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council approve the following Housing Incentive Program
applications:- (1) HIP #24 - Liberty Homes Inc. for an estimated grant of $15,200 for
York Street; (2) HIP #25 - PMK Holdings Ltd. for an estimated grant of $73,040 for
Manawagonish Road; and (3) HIP #26 - Oasis Construction for an estimated grant of
$10,400 for 48-50 Mecklenburg Street.
Question being taken, the motion was carried.
7. Amendment To CCO February 26,1996
ChanQes To Lease 125 Station Street
Read a report from the City Manager advising of changes requested by
the Canada Hockey Association for the lease of 125 Station Street; and submitting a
recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council resolution of February 26, 1996 for the lease of 125
Station Street to the Canadian Hockey Association be amended by deleting
recommendations (a) and (c) contained therein and substituting the following: (a) the
term of the lease to be twenty (20) years; and (c) the lease provide for a ten (10) year
renewal at the end of the 20-year term, subject to terms and conditions to be approved
by Common Council.
Question being taken, the motion was carried.
8. Revised 1996 Establishment
Consideration was given to a report from the City Manager
recommending a number of further changes to the Establishment - a reduction of two
positions overall and various changes designed to better adapt available personnel
resources and which reflect the City's continuing transition to a leaner, more responsive
workforce in accordance with the general Workforce Adjustment Strategy initiated in
1994.
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On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Common Council approve the following Establishment changes: (1)
Finance - eliminate one position of Buyer 1; and (2) Human Resources - eliminate two
positions - Research Coordinator and Safety Officer, add the position of Manager,
Human Resources Services (Management, Grade V), and change the titles of two
positions - Human Resources Assistant to Human Resources Administrator, and
Staffing Assistant to Staffing Administrator.
Question being taken, the motion was carried.
9. HR Policy #435
Health And Safety
Read a report from the City Manager advising of a presentation to senior
staff earlier this year by Suzanne Ball, Legal Counsel for the Workplace Health, Safety
and Compensation Commission (WHSCC) on the issue of due diligence at which time
she emphasized the importance of corporate commitment to safety in the workplace;
and recommending adoption of the submitted HR Policy #435, Health and Safety
(General).
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Common Council adopt the submitted Human Resources Policy
#435, Health and Safety Policy (General).
Question being taken, the motion was carried.
10. Tender For Computer Resource UpQrade
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of G.E. Capital Technology Management Services, in the
amount of $48,198.35 (plus taxes), be accepted for the supply of an Alpha Server and
the necessary software and training to meet the communications needs of the City of
Saint John and its Emergency Services providers.
Question being taken, the motion was carried.
11. Proposal For Acquisition Of
AS400 Computer System UpQrade
On motion of Councillor Waldschutz
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the proposal of M.I.1. Inc., in the amount of $201,813.50 (plus taxes), be
accepted for the supply of hardware, software, installation and implementation
necessary to upgrade the Emergency Services departments' AS400 information and
computer system, and sufficient funds to cover the cost of this project be included in
the 1997 Capital Budget.
Question being taken, the motion was carried.
12. Chief Of Police
Absence From Dutv
Consideration was given to a report from the Chief of Police advising
that, with recent changes in the Saint John Police Force, it is now necessary to
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DECEMBER 9, 1996
designate a senior police officer to assume the role of Officer In Charge during the
Chief's absence from the office for various reasons or if he cannot carry out his
responsibilities; and submitting a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the Chief of Police, Assistant Deputy Chief Allan Bodechon be designated as Second
in Command for the Saint John Police Force to assume the role of Officer in Charge
during the absence of the Chief of Police and, in the event both the Chief of Police and
Assistant Deputy Chief Bodechon are absent, Assistant Deputy Chief Grenville
Ingraham be identified as the next Officer in Charge.
Question being taken, the motion was carried.
(Deputy Mayor Chase withdrew from the meeting as he was not present
for the December 2, 1996 public hearing for the re-zoning of property fronting on
Wellesley Avenue, Somerset Street and Cranston Avenue.)
13. Zoning By-Law Amendment To Re-Zone
Property Fronting On Wellesley Avenue,
Somerset Street And Cranston Avenue
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled,
"By-Law Number C.P. 100-424 A Law To Amend The Zoning By-Law Of The City Of
Saint John", insofar as it concerns re-zoning a parcel of land fronting on Wellesley
Avenue, Somerset Street and Cranston Avenue, also being NBGIC Numbers 24752,
24760,24844,26195 and 26203, from "B-1" Local Business and "R-4" Four-Family
Residential to "B-2" General Business classification, be read a third time and enacted
and the Common Corporate Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions:- (a) all parking areas,
manoeuvring areas and driveway entrances must be paved with asphalt and enclosed
by continuous cast-in-place concrete curbs; (b) the developer must provide site
drainage facilities in a manner satisfactory to the Chief City Engineer; (c) the developer
must install a concrete curb and sidewalk (dropped at driveway entrances) meeting City
specifications along the entire Wellesley Avenue and Somerset Street frontages of the
site; (d) all areas not occupied by buildings, structures, driveways, sidewalks and
parking areas must be landscaped by the developer, and the landscaping shall extend
onto the City street right-of-way to the edge of the sidewalk, and the landscaping shall
include suitable fencing and/or hedging along those lot lines which abut residential
properties; (e) the site must not be developed except in accordance with a detailed site
plan, prepared by the developer and subject to the approval of the Development
Officer, indicating the location of buildings, structures (including freestanding sign),
parking areas, driveways, landscaped areas and other site features, including those
listed above, and no building permit will be issued (except for site preparation and
foundation) until the site plan is approved by the Development Officer, and the
approved site plan must be attached to the building permit for the development; (f) all
work shown on the approved site plan must be completed within one year of approval
of the building permit for the development; and (g) the hours of operation are restricted
to between the hours of 7:00 a.m. and 11 :00 p.m. daily.
The by-law entitled, "By-Law Number C.P. 100-424 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.
(Deputy Mayor Chase re-entered the meeting.)
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14. 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 Thursday, December 5, 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 Common Council accept the Perivale + Taylor report commissioned
by the former Saint John Police Commission as a guideline to implementing changes to
improve all aspects of the Saint John Police Department.
December 9, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
14.1. Perivale + Tavlor Report
On motion of Councillor Waldschutz
Seconded by Councillor Knibb
RESOLVED that the above report be
received and filed and the recommendation therein be adopted.
Question being taken, the motion was carried.
15. Fort LaTour Development
Authoritv - 1997 FundinQ
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that the letter from the Fort
LaTour Development Authority making application for funding for 1997 in the amount of
$4,240 -- be referred for consideration in the 1997 budget.
Question being taken, the motion was carried.
16. Recreation & Parks Advisory Board
Location Of Neighbourhood Policing &
Barrier-Free Access To Arenas/Facilities
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the recommendation
of the Recreation & Parks Advisory Board that, as the Police Force begins to implement
neighbouring policing, the Force consider locating police facilities in existing community
centres, be referred to the City Manager and the Chief of Police, and the Board's
recommendation that the City look at the arenas and other facilities for barrier-free
access for next year, be referred to the City Manager.
Question being taken, the motion was carried.
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17. Hatheway Board Of Trustees - Status
Of Mav 1, 1995 AQreement Re Labour Temple
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the
Hatheway Board of Trustees asking the status of the Trustees' May 1, 1995 agreement
with the City of Saint John with respect to a labour temple -- be received and the City
Manager be requested to invite the Dominion Park residents and the Hatheway Board
of Trustees to meet with Council in open session in mid-January 1997 in this regard.
The initial motion proposed was to refer the above matter for discussion
with the City Manager in Committee of the Whole, and during discussion the Mayor
asked when Council could expect to receive the City Manager's report in response to
questions about water and sewerage asked by Dominion Park residents during their
meeting with Council in Committee of the Whole and suggested that City staff should
contact the Department of the Environment to see if there are any concerns on which
Council should have information before making a decision; and, in response to
Councillor Vincent's suggestion that the Hatheway Board of Trustees and Dominion
Park residents should meet with Council in open session in this regard and Mr. Totten's
indication that a staff report could be provided to Council by January 20 and staff would
attempt to schedule a meeting with the Hatheway Board and the residents, the motion
was changed accordingly with the consent of the mover and seconder.
Question being taken, the motion was carried.
18. Arthur J. Melanson - Marking Of
Barrier-Free Access ParkinQ Spots
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from Mr.
Arthur J. Melanson requesting that parking meters used for barrier-free access parking
spots be painted yellow so that they are more identifiable to the public -- be referred to
the City Manager.
Question being taken, the motion was carried.
19. Paul MacDonald - Traffic
ConQestion Lansdowne Avenue
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the letter from Mr. Paul
MacDonald expressing concern about traffic congestion on Lansdowne Avenue,
particularly in front of New System Dry Cleaning -- be referred to the City Manager and
the Chief of Police.
Question being taken, the motion was carried.
20. Brenda Carr - Application To
Re-Zone 159 KinQ Street East
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the application of Ms.
Brenda Carr for the re-zoning of 159 King Street East 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 20,
1997, at 7:00 o'clock p.m.
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Question being taken, the motion was carried.
21. FCM - Costs For Participation
In China Open Cities Project
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the
Federation of Canadian Municipalities submitting a cheque in the amount of $15,610.55
to cover the costs of the Saint John delegation's visit to Shantou, Guangdong Province,
from May 4 to 8, 1996, under the China Open Cities Project funded by the Canadian
International Development Agency -- be received and filed with appreciation.
It was suggested that the Mayor should forward a letter of thanks to FCM
in the above regard, and the Mayor advised that the return delegation from Shantou is
anticipated in Saint John in April 1997.
Question being taken, the motion was carried.
22. Uptown Saint John Inc. - Foot Patrol
& Offer To Assist In PolicinQ Issue
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Uptown Saint John Inc. encouraging Council, as well as the Chief of Police, to include
regular foot patrols for the Uptown area in the Police budget for 1997, and offering to
assist with regard to the issue of policing -- be referred to the Chief of Police.
Question being taken, the motion was carried.
22A. River Road Concerned Citizens Committee
HearinQs For Crane Mountain Expropriation
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
River Road Concerned Citizens Committee referring to the Fundy Region Solid Waste
Commission's request considered by Council on December 2 for approval of an
expenditure for the purchase of lands on which the Commission hopes to site a landfill
facility, as well as to information provided at that time by Mayor McAlary which appears
erroneous; and urging Council to reverse its decision regarding spending approval for
Crane Mountain properties -- be received and filed.
In response to Deputy Mayor Chase's concern about possible stricture or
liability Councilor individual Councillors might be under in terms of comments in the
above regard, Mr. Nugent referenced the indication in the above letter to an action
which has allegedly commenced recently which challenges the environmental impact
assessment approval by the Province on the basis that, to his knowledge, notice of that
proceeding has not been served on the City of Saint John nor was he aware that the
City of Saint John was a party to it; and, with regard to the reference in the above letter
to actions taken by Council in giving the project its approval, advised that it would to
some extent be conjecture to pass comment on what the Committee might initiate as
what those actions are has not been brought to the City's attention, officially or
unofficially. Mr. Nugent noted the application made on behalf of some residents in the
general area concerned with respect to the re-zoning of the site and the fact that no
decision has yet been received from the Provincial Planning Appeal Board in this
regard; and advised that, if Council so wished, he could address the matter of possible
personal liability of individual Councillors but, to some extent, the lack of any official
notification to the City of any legal action that has been taken over what he has noted
would make it difficult for him to comment in any comprehensive or well-founded basis
on what might transpire.
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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