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1997-02-10_Minutes 86-245 COMMON COUNCIL FEBRUARY 10, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of February, A.D. 1997, 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; 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; 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 Saint John Alliance Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on February 3, 1997, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary extended condolences to the family of Mrs. Mary Munford, on the death of her Mother, Mary Olive Pike, on February 4, and also to the family of Judge Gerald 1. Casey, who passed away on February 10. Mayor McAlary proclaimed February 9 to 15, 1997 to be Harmony Awareness Week in the City of Saint John, on behalf of the Sea Belles Ladies Barber Shop Choir, a member of Harmony Inc.; and commented on the Saint John School Milk Fund currently underway in Saint John schools. In response to Councillor Vincent's suggestion that a letter of congratulations should be forwarded from the Mayor's Office on behalf of Common Council to Mr. Jamie Beddow of Grand Bay, a gold and bronze medalist in snowshoeing in the Winter Special Olympics held in Toronto and Collingwood, Ontario, this past week, the Mayor advised her intent at the next Council meeting to make a presentation to Mr. Beddow. On motion of Councillor Ball Seconded by Councillor Knibb RESOLVED that a letter of congratulations be forwarded to Mr. Sam Granna on his recent appointment as Executive Director of Film New Brunswick and Common Council invite Mr. Granna to Saint John to show him in- depth what this City has to offer as the headquarters of Film New Brunswick, and also that a letter be forwarded to The Honourable Anne Breault, New Brunswick's Minister of Municipalities, Culture and Housing, in this regard. Question being taken, the motion was carried. 86-246 COMMON COUNCIL FEBRUARY 10, 1997 4. Saint John Police Force Implementation Team Update Consideration was given to a report from the Chief of Police, Chairman of the Saint John Police Force Implementation Team, advising of the Team's activities during the past week; and submitting a recommendation for the appointment of citizens to the Team. Chief Sherwood, Chairman; and Cst. David Parks, President of the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. and a member of the Saint John Police Force Implementation Team, highlighted the above report, and recommended the appointment of Anne Marie McGrath, Anne Marie Mullin, Paul Desjardins, Cynthia MacCallum, and Janice 1. Head to the Team. Cst. Parks, in response to the Mayor, provided background information on the people recommended for appointment to the Team, and advised the intent for the Team, including the appointed citizens, to meet the week of February 17 upon Mr. Keith Taylor's return to the City. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Saint John Police Force Implementation Team, the citizens identified below be appointed to the Implementation Team to assist in the implementation of the recommendations contained in the Perivale + Taylor review report: Anne Marie McGrath, Paul Desjardins, Anne Marie Mullin, Cynthia MacCallum, and Janice 1. Head. Question being taken, the motion was carried. 5. Police Governance Read a letter from Councillor Waldschutz commenting on recent articles in the local newspaper about the disbanded Police Commission in that they created the sense that this crucially-important matter was being mishandled so as to raise consternation in the general public's mind that there was a risk to public safety and the maintenance of law and order in Saint John; and suggesting that, once the work of the Implementation Team was substantially complete, Council should hand over to a police commission. On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that the above matter be referred to the City Manager with the intent that an article be written for publication in the newspaper, perhaps on the guest opinion page, containing a sense of what is expressed by Council members in this regard at this meeting. Councillor Knibb suggested that the above letter should be received and filed and spoke against the referral motion on the basis that the matter should be left as it was and that Mr. Gary Foster, Chairman of the former Saint John Board of Police Commissioners, deserved the right to express his view. Councillor Fitzpatrick expressed the view that it was not right to refer the matter to staff asking staff to respond in that Councillor Waldschutz's comments were contained in his letter and the media would handle the matter in the way it saw fit. Councillor Trites suggested that Council's best move in most cases was not to respond to media stories and that, as much as Councillor Waldschutz had his right to an opinion, so did Gary Foster, and also that, as this particular issue was between Council and the Police Force for which the Chief of Police reports to Council, Council should not ask the City Manager to write an article relating to a decision which was made not by the City Manager but by Council itself; advised that he would support a motion to receive and file the above letter; and made the observation that, if it were the intent to rebut the story of Mr. Foster, the above report on behalf of the Implementation Team was the appropriate manner in which to do so. Councillors Vincent, Ball and Gould spoke against the referral motion and the Mayor expressed disagreement with a letter of the above nature being placed on the Council agenda as it was not Council's role to rebut what the media reported. Question being taken, the motion was lost with the Mayor and Councillors 86-247 COMMON COUNCIL FEBRUARY 10, 1997 Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above letter from Councillor Waldschutz be received and filed. Question being taken, the motion was carried. 6. Amending January 23, 1997 Budget Resolution Re Estimate Required For City's Operation Consideration was given to a report from the City Manager citing a portion of the Common Council resolution of January 23, 1997 adopting the amount of $85,046,125 as the estimate required for the operation of the City of Saint John for 1997 in that certain of these amounts listed had not been corrected to reflect the final changes made to the budget and, while the supporting schedules submitted with the budget document were correct, the proper totals had not been carried forward to the portion of the resolution in question; 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 portion of Common Council resolution of January 23, 1997 on the 1997 Capital and Operating Budgets, with regard to the estimate required for the operation of the City of Saint John for 1997, be amended to read as follows:- RESOLVED that the amount of $85,046,125 be adopted as the estimate required for the operation of the City of Saint John for 1997, as follows:- General Government Services Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation and Cultural Service Fiscal Services $ 7,126,260 30,967,401 18,401,447 1,487,368 6,870,818 7,040,831 13,152,000. Mr. Wilson explained that the changes concerned were reflected in all the budget documents with the exception of the Council resolution in that the January 23, 1997 resolution set out $7,181,204 in General Government Services, $30,912,457 in Protective Services, and $13,202,000 i Fiscal Services. Question being taken, the motion was carried. 7. Building Inspection Bv-Law Enforcement On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the report from the City Manager on the enforcement activities of the past year, outlining the procedures followed, as well as the challenges faced and opportunities available to Building & Technical Services in the delivery of building inspection and by-law enforcement services; and advising of efforts to improve methods and procedures which would achieve a greater degree of compliance -- be received and filed. During discussion the issue of processing of by-law violations was broached in terms of Legal Department input on which Mr. Nugent commented from the point of view that at this time it would not be prudent to hire another lawyer to do by-law prosecutions but rather to follow the course of action already being taken, involving a review of the current process to see what efficiencies and effectiveness can be achieved in taking that approach to it. 86-248 COMMON COUNCIL FEBRUARY 10, 1997 Question being taken, the motion was carried. 7 A. KBM OutinQ Association Consideration was given to a report from the City Manager referring to Common Council resolution of February 3, 1997 concerning the KBM Outing Association in that it did not clearly indicate the City's intention with regard to financial assistance to the Association and did not clearly authorize payment for legal fees and disbursements, although this was the intention, and also that the Bank has advised that the outstanding property taxes have been paid by the Bank and now constitute mortgage arrears and, if Council adopts the recommendation herein, it will cancel the mortgage and enter into negotiations with the KBM respecting the repayment of the balance of the Association's debt; and recommending that the subject resolution be rescinded and replaced with the recommendation as stated herein. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the City Manager, Common Council resolution of February 3, 1997 concerning the KBM Outing Association be rescinded: AND FURTHER that as recommended by the City Manager, (1) the City of Saint John advise the Royal Bank that it will pay toward arrears on the current mortgage together with legal fees and disbursements incurred by the Bank and owed by the KBM Outing Association to the Royal Bank an amount not to exceed $9,500, such funds to be allocated from the Recreation Association Fund; (2) the City of Saint John grant to the KBM Outing Association $4,170 on the understanding these funds will be used to meet six months of mortgage payments, such funds to be allocated from Unspecified Grants; and (3) Common Council authorize staff to disburse funds in accordance with these recommendations. Question being taken, the motion was carried. 8. Street Closing By-Law Amendment Re Portion Of Lansdowne Avenue 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 Stopping Up And Closing of Highways In The City of Saint John", with regard to closing the following portion of highway:- LANSDOWNE AVENUE: All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John, in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 55 sq. metres (597 sq. ft) being designated as Parcel GGG, City of Saint John property and shown on a Plan of Survey Showing Street Closure (portion of Lansdowne Avenue), City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Ltd. on December 11, 1996 -- be read a third time and enacted and the Common Corporate Seal be attached thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing of Highways In The City of Saint John", was read in its entirety. Question being taken, the motion was carried. 9. Committee Of The Whole Report Read the report of the Committee of the Whole (as follows) 86-249 COMMON COUNCIL FEBRUARY 10, 1997 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on February 3, 1997, 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 J. Ladds Batten, Brian Beckingham and Councillor Stephen Fitzpatrick be appointed to the Saint John Harbour Bridge Authority for a term of three years. 2. That as recommended by the Nominating Committee, George A. Keith, Dr. George Bate and Christopher Titus be re-appointed to the Power Commission for a term of three years, effective February 15, 1997. 3. That as recommended by the Nominating Committee, John Correia, Norman McFarlane and Ralph McLenaghan be appointed to Venue Saint John for a term of three years, and that Councillor Trites continue as an ex-officio member; with the two remaining appointments to be made at a later date. February 10, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 9.1. Appointments To Saint John Harbour BridQe Authoritv On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 9.2. Appointments To Power Commission On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 9.3. Appointments to Venue Saint John On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 10. Susan & Raymond Williams Re-ZoninQ 742 Sand Cove Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the application of Susan and Raymond Williams for the re-zoning of 742 Sand Cove 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, 86-250 COMMON COUNCIL FEBRUARY 10, 1997 March 17, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 11. River Road Concerned Citizens Committee Lee-GallauQher Report Re Crane Mountain On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the correspondence from the River Road Concerned Citizens Committee submitting, further to Mr. Brian Gallaugher's presentation at Council's last meeting regarding the proposed Crane Mountain landfill site, copies of (1) documents obtained by the Committee from the New Brunswick Department of the Environment, (2) a Supplemental Review of Potential Impacts of the Proposed Crane Mountain Landfill, and (3) financial projections for the first 1 O-year period of operation of the proposed facility -- be referred to the City Manager. Question being taken, the motion was carried. 12. Cities Of New Brunswick Association Dates Of Next Association MeetinQ On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the memo from the Cities of New Brunswick Association clarifying the date for the next meeting of the Association in Bathurst as May 9 and 10, not May 30 and 31 -- be received and filed. Question being taken, the motion was carried. 13. Courtenay District Scouts' Request To Use KinQ's Square For Proiect On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. A. G. Soppitt requesting the use of King's Square by the Scouts of Courtenay District on Baden- Powell Day, February 22, for Project Super Landmark -- be received and Council approve the request and refer the matter to the City Manager. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk