1996-12-16_Minutes
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COMMON COUNCIL
DECEMBER 16, 1996
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the sixteenth day of December, A.D. 1996, at 7:00 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; 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; J. Baird, Manager of Community Planning; W.
Edwards, Building Inspector; D. Sherwood, Chief of Police; G.
Tait, Fire Chief; G. Buchanan, Manager of Protective Services; P.
Morgan, Research & Information Coordinator, Human Resources;
R. Kohr, Police Sergeant; Ms. Y. Huntington, Director of Tourism
and Communications; 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 George Davis,
Pastor of the Christian & Missionary Alliance 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 December 9, 1996, be approved.
Question being taken, the motion was carried.
3. Mayor's Remarks
Mayor McAlary extended a message of sympathy to the family of former
Saint John Fire Chief Percy Clark, who passed away on December 12, 1996.
The Mayor recognized City employees Ms. Margaret Hackett and Mr.
Michael Chisholm on their successful completion of the Local Government
Administration course through the Henson College Centre for Public Management at
Dalhousie University and, in congratulating them on their achievement, presented them
with their Certificates.
4. Proposal Call For Realtor Services
Consideration was given to a report from the City Manager responding to
a recommendation from the Residential Tax Base Review Committee to Council on
November 12 pertaining to the use of a realtor to sell City land.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, staff be authorized to call for proposals for the purpose of entering
into a listing agreement with a realtor or real estate firm to facilitate the sale of those
lands owned by the City, which have been declared surplus to the needs of the City,
publicly advertised for sale, but not sold as a result of the proposal process.
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COMMON COUNCIL
DECEMBER 16, 1996
Councillor Brown spoke against the above motion on the basis of his
opinion that all City surplus lands, not just those not sold as a result of the proposal
process, should be turned over to a realtor to sell; and during discussion Mr.
MacKinnon, referring to item 15(1) on the agenda of this meeting, made the
observation that the City Manager's report to Committee of the Whole in this regard
referred to the process in question; and Mr. Totten commented on the basis that it
would seem to be in the City's best interest to attempt to dispose of surplus properties
without incurring any cost for a real estate agent and to make available to the real
estate industry properties not disposed of in this manner.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
* Added Item
The Mayor called for a motion to add to the agenda of this meeting a
Committee of the Whole report as a result of discussion earlier this date on agenda
items 25 and 25A on the Police issue and the role of the consultant in implementing
recommendations in Perivale + Taylor's report on the Saint John Police Force.
On motion of Councillor Trites
Seconded by Councillor Waldschutz
RESOLVED that the Committee of
the Whole report to Council, dated December 16, 1996, in the above regard, be added
to the agenda of this meeting for consideration as item 9A.
Question being taken, the motion was carried.
5. Plumbing Trade And Master
Plumbers By-Law Amendment
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
City Manager advising the reasons for the necessity to amend the City's Plumbing
Trade and Master Plumbers By-Law as a result of an amendment to the Provincial
Plumbing Installation and Inspection Act that will be effective January 1, 1997;
submitting a proposed amendment to this By-Law which, if enacted, would have the
effect of removing all references to Master Plumbers, all licensing requirements and the
Master Plumbers Examining Board, and adjust the permit fees for plumbing work; and
recommending that first and second readings be given the submitted By-Law
amendment and it be referred to the Legal Department for its comments prior to
Council giving third reading -- 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 Plumbing Trade And Master Plumbers", be read a first time.
Question being taken, the motion was carried.
Read a first time the by-law entitled, "A By-Law To Amend A By-Law
Respecting The Plumbing Trade And Master Plumbers".
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the by-law entitled,
"A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master
Plumbers", be read a second time.
Question being taken, the motion was carried.
Read a second time the by-law entitled, "A By-Law To Amend A By-Law
Respecting The Plumbing Trade And Master Plumbers".
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6. Amendment To December 9, 1996
CCO Re HIP Application #26
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Common Council amend its resolution of December 9, 1996 approving
Housing Incentive Program applications #24 to #26 by changing the estimated grant for
HIP #26, Oasis Construction, from $10,400 to $20,000.
Question being taken, the motion was carried.
7. Whale Of A Cafe - City Market
Change Of Ownership & Offer
To Lease By New Owners
Read a report from the City Manager advising that Lyn Van Tassel and
Shelley Poirier, the new owners of A Whale of a Cafe in the City Market, have
submitted an application to lease Stall "D" as specified in section 5 of By-Law C-115
which has been leased to the former owner Duncan Hutchison; and submitting a
recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, the City lease to A Whale of a Cafe, Inc., Stall "D" in the City Market for
a period of five years beginning January 1, 1997, using the City's standard form of
lease for rental of stalls in the City Market; (b) the rental rate to be as per Schedule "A"
of the City Market By-Law and as amended from time to time by Council; and (c) the
lease to specify the products and services as outlined in the submitted report from the
City Manager dated December 16, 1996; and the Mayor and Common Clerk be
authorized to execute the necessary documents.
Question being taken, the motion was carried.
8. Saint John Industrial Infrastructure
Needs And Potential Market Study
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, (1) the Saint John Industrial Infrastructure Needs and Market Potential
Study, received by Common Council on September 30, 1996, be accepted as the basis
for future action; (2) Saint John Industrial Parks Ltd. submit specific capital budget
requests to implement the improvements to the existing parks and the development of
a business park; and (3) Enterprise Saint John coordinate the small sites information
project.
Question being taken, the motion was carried.
9. Establishment ChanQe
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the position of permanent Clerk-Typist (Group I, Local 486) be added to
the Water and Sewerage Establishment.
Question being taken, the motion was carried.
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DECEMBER 16, 1996
*9A. Committee Of The Whole Report
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it sat on December 16, 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 recommendations, namely:-
1. That Mr. Keith Taylor of Perivale & Taylor be engaged to consult with
Council in the structuring of the Saint John Police Force Implementation Team, and
further that Mr. Taylor be engaged as a consultant as outlined in the correspondence to
the Mayor from Perivale & Taylor, dated December 12, 1996, and that this process be
commenced as soon as possible.
2.
That the Chief of Police be Chairman of the Implementation Team.
3. That the Implementation Team include an equal number of management
and non-management personnel from the Police Force (including the Chief of Police as
a member of management), and the Commissioner of Human Resources, and that
other members may be added in consultation with Mr. Keith Taylor.
December 16, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
*9A. Police Force Implementation Team
On motion of Deputy Mayor Chase
Seconded by Councillor Arthurs
RESOLVED that section 1 of the above
report be adopted.
Councillor Fitzpatrick advised that, while he could support the first part of
section 1 of the above report, he could not support the second part based on his
concern about the cost of engaging Mr. Taylor as a consultant in an open-ended
manner with no limits at this time of budget restraint.
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
*9B. Implementation Team Chairman
On motion of Councillor Trites
Seconded by Councillor Gould
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
*9C. Implementation Team Membership
On motion of Councillor Trites
Seconded by Deputy Mayor Chase
RESOLVED that section 3 of the
above report be adopted.
Councillor Knibb expressed concern that the implementation team would
become a negotiating team if no citizens were members of it, and suggested that there
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DECEMBER 16, 1996
should be four citizens on this team; and Councillor Brown expressed the view that
citizens could bring new thoughts to the implementation team and that the whole
implementation team should be created at one time rather than considering members in
isolation of each other.
Question being taken, the motion was carried with Councillors Brown
and Knibb voting "nay".
(Councillor Trites withdrew from the meeting.)
10. ManawaQonish Road Truck Traffic
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
Chief of Police responding to a complaint to Council on November 18 by Reverend
Lloyd Lake of the Manawagonish Tree Preservation Committee about heavy trucks
using Manawagonish Road, which is not a designated truck route -- be received and
filed.
Question being taken, the motion was carried.
11. Re Incidents At Co-Op Housing
147-149 Victoria & 50 EIQin Streets
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the report from the
Chief of Police responding to a complaint to Council on November 25 by Mr. Peter
Teed on behalf of the North End Family Housing Cooperative Limited with respect to
incidents, including vandalism, in the area of 147-149 Victoria and 50 Elgin Streets; and
submitting Appendix "A" listing calls for service October 1995 to November 1996 to the
subject properties -- be received and filed.
Question being taken, the motion was carried.
12. Re Vehicles Passing
School Buses On City Road
On motion of Councillor Knibb
Seconded by Councillor Gould
RESOLVED that the report from the Chief
of Police responding to a complaint to Council on November 25 from Mrs. Joanne
Comeau about vehicles passing stopped school buses on City Road when they had
their red lights flashing and were loading or unloading children -- be received and filed.
(Councillor Trites re-entered the meeting.)
Question being taken, the motion was carried.
13. Appointment Of Officer In Charge
Of Saint John Police Force
Consideration was given to a report from the City Solicitor referring to
Common Council resolution of December 9, 1996 adopting a recommendation of the
Chief of Police respecting the designation of an officer in charge of the Force in the
event of the Chief's absence; and suggesting that Council rescind this resolution and
replace it with the resolution set out herein as the resolution of December 9, 1996 failed
to address those instances when the Chief of Police was unable to act and to address
the designation of a Second In Command which could be understood as a role
separate and apart from that of the Officer In Charge which was not, as he understands
from the Chief and comments made by the Mayor, the intention.
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On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that Assistant Deputy
Chief A.G. Bodechon is hereby appointed as Officer In Charge of the Saint John Police
Force in the event of the absence or inability to act of the Chief of Police; and further
that, in the event of Assistant Deputy Chief A.G. Bodechon's absence or inability to act
as Officer In Charge, Assistant Deputy Chief G.F. Ingraham is hereby appointed as the
Officer in Charge of the Saint John Police Force.
Question being taken, the motion was carried.
13A. User CharQes For Municipal Services
Consideration was given to a report from the City Solicitor advising that,
further to Council's April 22 referral to him of a proposed by-law which would levy a
charge to be paid in the event of the Fire Department responding to a false alarm, this
referral has raised a more fundamental issue; namely, whether the Municipality has the
authority to impose user charges for its services; and expressing the opinion that there
is no authority for the proposed by-law nor for a by-law which would levy charges upon
the citizens of the Municipality for the collection and disposal of garbage or for
responding to security alarm systems and that, if the City wishes to acquire the
authority to impose user charges with respect to the collection and disposal of garbage,
or responding to false fire alarms or security alarm systems, it would be necessary to
seek an amendment to the Municipalities Act.
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the above matter be
referred to the City Manager and the Cities of New Brunswick Association.
(Councillor Fitzpatrick withdrew from the meeting.)
Question being taken, the motion was carried with Councillor Vincent
voting "nay".
14. City Market By-Law Amendment
Sunday OpeninQ, December 22
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that the by-law entitled,
"By-Law Number C-115-10 A By-Law To Amend A By-Law Relating To The Market In
The City Of Saint John", with regard to Sunday opening, December 22, 1996, be read a
third time and enacted and the Common Corporate Seal be affixed thereto.
The by-law entitled, "By-Law Number C-115-10 A By-Law To Amend A
By-Law Relating To The Market In The City Of Saint John", was read in its entirety.
(Councillor Fitzpatrick re-entered the meeting.)
Question being taken, the motion was carried.
15. 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
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COMMON COUNCIL
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Your Committee reports that it sat on December 9, 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 recommendations, namely:-
1. That as recommended by the City Manager, Common Council deem the
following lands surplus to the needs of the City of Saint John and staff be authorized to
advertise the subject properties for public sale:- 319 Charlotte Street (NBGIC Number
00000851; 134 Britain Street (NBGIC Number 00002360); 199 Britain Street (NBGIC
Number 00001339); 29 Sewell Street (NBGIC 00038604); 149 Prince Edward Street
(NBGIC Number 00012542); Millidge Avenue at Somerset Street (NBGIC Number
00047381); 128 St. John Street West (NBGIC Number 00365338); 104 St. John Street
West (NBGIC Number 00365346); 134 Queen Street West (NBGIC Number
00367557); Site "C" Chesley Drive (NBGIC Numbers 369223,369256,426155 - portion
of); Sites "E" and "F" Chesley Drive (NBGIC Number 55093983); Blue Rock Hill (NBGIC
Numbers 365619,368076,367144,367581 and 367573) - all sales will be subject to a
right-of-way permitting the owner of NBGIC Number 367565 to access their property
from Blue Rock Hill; and 22 Saint Coeur Court (NBGIC Number 55054480) less any
land needed for a pedestrian walkway.
2. That as recommended by the City Manager, Common Council authorize
the sale of 55-65 St. James Street (NBGIC Number 00002816) to Mike Cavanagh
Homes Inc. for the sum of $15,000 (plus GST and applicable land conveyance fees),
subject to the following terms and conditions of sale:- (1) Mike Cavanagh Homes Inc.
agrees, at the buyer's expense, to seal off the subject sewer line at the various points
in which the said line enters and leaves the subject property, and this is to be
completed to City standards; (2) Mike Cavanagh Homes Inc. agrees to indemnify and
hold the City of Saint John harmless from any future damages which may arise as a
result of the surface or subsurface sewer line infrastructure being left on the subject
property; (3) the sale of the subject property to close on or before January 31, 1997;
and (4) the construction of the proposed infill/townhouse units must commence within
12 months of the transfer of title [the commencement of construction will generally
mean the installation of a foundation(s) capable of facilitating the construction of an
1,100 square foot housing unit(s) or better], failing which the City reserves the right to
reacquire the subject property for the sale price and no other costs.
3. That as requested by the Saint John Flames, the City of Saint John be a
corporate sponsor of the 1997 Chrysler AH L All-Star Classic to be held in Saint John in
January 1997, at a cost of $7,500.
December 16, 1996,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
15.1. Sale Of Surplus Property, Phase II
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that section 1 of the
above report be adopted.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
15.2. Sale Of 55-65 St. James Street
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that section 2 of the
above report be adopted.
Question being taken, the motion was carried.
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DECEMBER 16, 1996
15.3. Sponsorship Of AHL All-Star Classic
On motion of Councillor Knibb
Seconded by Councillor Arthurs
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
16. Planning Advisory Committee
Subdivision 90 Lawrence LonQ Road
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the Planning Advisory Committee, (1) Common Council assent to the submitted photo-
reduced subdivision plan of 90 Lawrence Long Road, which illustrates street vesting
along a portion of the subject property, and to any required public utility easements for
the proposed subdivision; and (2) a cash-in-lieu dedication be accepted for land for
public purposes for this subdivision.
Question being taken, the motion was carried.
17. Marie Love - Police Actions
On motion of Deputy Mayor Chase
Seconded by Councillor Waldschutz
RESOLVED that the letter from Ms.
Marie Love submitting her statement regarding what happened to her resulting in her
driver's license being taken from her by a Saint John Police Officer -- be referred to the
Chief of Police.
The Mayor noted the presence at the meeting of Ms. Love and called for
the above motion on the basis that the matter should be referred to the Chief of Police
because, under the Police Act, all questions on investigations and Police matters are
under the Chief of Police and not the governing body of Common Council.
Question being taken, the motion was carried.
18. H & R Block Canada Inc. - Amendment
To Section 39 Conditions Of Re-
ZoninQ Of 20 Prince Edward Street
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the application of H
& R Block Canada Inc. for an amendment to the Section 39 conditions of re-zoning of
20 Prince Edward Street 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.
Question being taken, the motion was carried.
19. Multicultural Association Of
Saint John Inc. - New President
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Multicultural Association of Saint John Inc. advising that its new president is a former
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DECEMBER 16, 1996
refugee, Geskeem Weabury -- be received and filed and Common Council wish Mr.
Weabury well in his endeavours.
Question being taken, the motion was carried.
20. River Road Concerned Citizens
Committee - Spending Approval For
Fundv ReQion Solid Waste Commission
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
River Road Concerned Citizens Committee asking that Council conduct a revised vote
on the approval of spending by the Fundy Region Solid Waste Commission; and
updating Council regarding issues related to the Crane Mountain properties -- be
received and filed.
Question being taken, the motion was carried with Councillors Gould and
Vincent voting "nay".
21. Saint John Amateur Speed Skating
Club - Hourlv Rink Rate Rental
On motion of Councillor Vincent
Seconded by Councillor Trites
RESOLVED that the letter from Ms. Cathie
M. Hurley of the Saint John Amateur Speed Skating Club submitting a comparison of
the City's hourly rink rental rate for minor groups and those of other rinks throughout
the Province indicating that Saint John has the highest rates for its minor groups; and
asking the City not to balance its budget on the backs of its youth -- be referred to the
City Manager for a report and recommendation.
Question being taken, the motion was carried.
21A. Solicitor General Jane Barry
Police Operational ReportinQ System
Consideration was given to a letter from Solicitor General Jane Barry
advising that it has recently come to her attention that the City has approved an
expenditure in excess of $200,000 to update the CHIEFS computer system which
provides a linkage to the City's Police, Fire and Ambulance Services; referring to the
section in the Perivale + Taylor report on the review of the Saint John Police Force
which concludes that a shift to PORS is inevitable in the future; and submitting a copy
of a letter to Assistant Deputy Chief Bert Martin of the Saint John Police Force from M.
1. Quigley, Manager of Municipal Policing for the Province, regarding a possible
adoption of the PORS standard; noting her offer of support and advice on information
technology matters; and advising that officials from her Department would be prepared
to meet with the City's administrative personnel to review in detail costs and benefits
associated with the PORS product.
On motion of Councillor Vincent
Seconded by Deputy Mayor Chase
RESOLVED that the letter from
Solicitor General Jane Barry regarding the Police Operating Reporting System (PORS)
-- be received and filed.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the above matter be
referred to the City Manager for a report to Council.
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DECEMBER 16, 1996
Councillor Knibb, in proposing the referral motion, suggested that the
City Manager should contact the appropriate experts and report to Council as soon as
possible on which is the best route to take.
Question being taken, the referral motion was carried.
Adiournment
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that this meeting be adjourned.
Question being taken, the motion was carried.
Common Clerk