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1997-02-24_Minutes 86-262 COMMON COUNCIL FEBRUARY 24, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth 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; 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; L. Graham, Manager of Data Processing Services; W. Edwards, Building Inspector; D. Logan, Purchasing Agent; D. Sherwood, Chief of Police; R. Simonds, Deputy Fire Chief; Police Cst. D. Oram; 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 Captain Harold Bungay, Head of Public Relations with The Salvation Army, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on February 17, 1997, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary proclaimed March 1997 to be National Kidney Month in the City of Saint John, and introduced Ms. Marjorie Milner, Chair of the March Drive Campaign for the Saint John Chapter of the Kidney Foundation of Canada, who addressed Council on this annual fund-raising campaign. The Mayor also proclaimed March 1997 to be Nutrition Month, and Wednesday, February 26, 1997 to be Participaction Day in the City of Saint John and, in the latter regard, invited participation in a walk at 12:00 o'clock noon. (Councillor Trites entered the meeting.) Mayor McAlary commented on the forthcoming visit to the City on February 28 of a delegation from Shantou, People's Republic of China; and Deputy Mayor Chase commented on his attendance last week, along with Councillor Fitzpatrick, at an Emergency Preparedness Course at the Canadian Emergency Preparedness College in Arnprior, Ontario. 4. Saint John Police Force Implementation Team Update Chief Sherwood and Cst. D. Parks were present at the meeting to update Council on the activities during the past week of the Saint John Police Force Implementation Team; and, in response to Council queries, Chief Sherwood commented 86-263 COMMON COUNCIL FEBRUARY 24, 1997 on the manner in which the Team was working on the recommendations in the Perivale + Taylor report, including the establishment of a critical path within the next two to three weeks. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that Council accept the report from the Saint John Police Force Implementation updating Council on its activities of the past week. Question being taken, the motion was carried. 5. Portion Of Motor Vehicle Act AddressinQ On-Street ParkinQ On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the letter from Councillor Waldschutz with regard to the portion of the Motor Vehicle Act addressing on-street parking -- be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 6. Tender For Personal Computers On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Cox Radio & TV Ltd. be accepted for the supply of new personal computers and additional hardware and software items as needed, for a period of six months with an option to renew for an additional six months. Question being taken, the motion was carried. 7. Tender For Municipal CastinQs On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Canada Municipal Castings Ltd. be accepted for the establishment of a supply agreement for the provision of municipal castings for a 12- month period commencing on the date of award by Council, as indicated in the submitted summary of bids. Question being taken, the motion was carried. 8. Rockwood Park Horse Barns & Children's Farm Operation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council approve an extension of the agreement between the City and RM. White for the operation of the Rockwood Park Horse Barns and Children's Farm, until September 30, 1997, with a 10:00 a.m. opening, and the Mayor and Common Clerk be authorized to execute the revised agreement, and further that a proposal call be issued for the operation of the site. Question being taken, the motion was carried. 86-264 COMMON COUNCIL FEBRUARY 24, 1997 9. Rental And Use Of City Arena Time By Youth Groups Consideration was given to a report from the City Manager advising of a meeting held with the Saint John Amateur Speed Skating Club further to its letter considered by Council on December 16, 1996 relating to the rental and use of arena time by City youth groups at which it was agreed that many of the practices and policies currently followed by the City in regard to rental of arenas should be reviewed and all minor groups should be afforded the opportunity to participate in the review; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, staff be directed to prepare for Council's consideration a comprehensive policy on arena use and rental and, during the development of the policy, provide opportunity for minor and community groups to participate. Question being taken, the motion was carried. 10. Establishment ChanQe Consideration was given to a report from the City Manager advising that Works staff proposes that the Assistant Timekeeper position assigned to the Works Division be deleted from the Establishment and a position of Tradesman's Helper be added, and Local 18 representatives agree with the requirement for the position of Tradesman's Helper and agree with placing the incumbent Works Assistant Timekeeper into the newly-created position; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the Assistant Timekeeper position (Group 6) be deleted from the Establishment and a position of Tradesman's Helper (Group 5) be created. Question being taken, the motion was carried. 11. Municipal RestructurinQ In ReQion Read a report from the City Manager submitting a copy of (1) An Act To Amend The Municipalities Act; and (b) the Executive Summary of the Greater Saint John Area Study Local Government Review Commission's report "A Community Of Communities: Creating A Stronger Future", which contemplates significant change for the region and would affect the form of municipal government within the City and the Region; and recommending that, as the full amalgamation option provides great opportunities for the entire region to move forward in the decades to come, Common Council (1) reaffirm its position that full amalgamation is the best option for the entire region; (2) adopt the position that elected municipal officials should be held responsible, and accountable, for the transition process, as contemplated in the Act To Amend The Municipalities Act; and (3) communicate to the Premier, the Minister of Municipalities, Culture and Housing, and to the local MLAs its position on these two matters. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, Common Council reaffirm its position that full amalgamation is the best option for the entire region. Councillor Knibb, in noting that a number of the other municipalities were 86-265 COMMON COUNCIL FEBRUARY 24, 1997 holding sessions to contemplate strategy, suggested that Council should be trying to develop a very positive stand in support of the Cormier recommendation and, in developing a strategy, emphasize the belief that it would be in the best interest not only of the City of Saint John but of the entire community to be formed into one large corporation; and also that Council should discuss what was described in the Cormier report as the culture at City Hall in view of the repeated references to some debilitating problems in Saint John with respect to its operation, noting the City Manager's letter (copies of which were forwarded to Council members as an information item) in this regard to Mr. E.F. (Skip) Cormier, Commissioner of the Local Government Review Commission. Councillor Waldschutz, in speaking against full amalgamation, put forth the view that statistics and data used by Mr. Cormier on out-migration of people from the City to the suburbs was dated and that out-migration of people to the suburbs has, in fact, reversed itself and people are now coming back into the City in a fairly- appreciable volume; cautioned against the danger with amalgamation of inheriting sub- standard facilities, such as roads and water duct pipes which would be at the detriment to the City's own well-thought-out plans for, for example, the Harbour and North End sewerage; and asked why the City should take a major tax rate increase of three or four cents when the City, in the past, has managed its own affairs very well. Councillor Fitzpatrick, having noted his initial support of full amalgamation as recommended by the City Manager to Council on November 18, 1996, commented on the basis that he was not convinced that the five options presented by Mr. Cormier were the only options available, and he could not at this time endorse the option for amalgamation as it currently existed. Mayor McAlary re-iterated her endorsement of full amalgamation in terms of the City's long-term future growth in economic development and quality of life; and Councillors Vincent, Ball, Brown, Gould, Arthurs and Trites spoke, in turn, in support of full amalgamation. Mayor McAlary thanked Deputy Mayor Chase and Mr. Thomas McGloan for representing the City on the Commission's Community Advisory Committee, and Deputy Mayor Chase commented in support of consolidation of the region, as well as on the process used to arrive at the five options presented in the Commission's report. Question being taken, the motion was carried with Councillors Fitzpatrick and Waldschutz voting "nay". On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council adopt the position that elected municipal officials should be held responsible, and accountable, for the transition process, as contemplated in the Act To Amend The Municipalities Act. Councillor Knibb, referring to section 19(7) in the proposed amendment to the Municipalities Act and to recommendation 28 in the Cormier report, advised that he could not support the above motion at this time and without further discussion by Council in that, while the proposed legislation indicates that the transitional budget and any additional expenses incurred by the first council would be an expense of the new municipality, the Cormier report appears to anticipate that the Province would contribute the proposed approximate $3 million cost of amalgamation. Councillor Trites advised that, although he would have no difficulty tabling the above matter at this time for clarification as to what might be happening and so that staff could contact the Province to determine what transition funding could be negotiated, he disagreed philosophically with an appointed body carrying on the structuring of a new city, hiring employees and so on. Councillor Brown expressed opposition to the above motion in that, in his opinion, the Province, in reading Mr. Cormier's report, would see the logic in adopting the intent of the transition team so that there would be objectivity and impartiality in the process. Councillor Vincent expressed the view that the transition process should be administered by the elected officials; and Councillor Gould advised that, as he did not fully understand the motion, he would favour tabling it, and expressed the view that the City of Saint John should not operate at any time without an elected body in place, whether it be a new or the present Council. During Deputy Mayor Chase's comments in agreement with the necessity of having elected representation at the local level, Councillor Trites, on a point of order, asked that he go back to discussing the motion on the floor, whereupon Deputy Mayor Chase indicated his support of a tabling motion. Following Councillor Fitzpatrick's comments, the Mayor asked that Council members 86-266 COMMON COUNCIL FEBRUARY 24, 1997 debate the motion on the floor rather than other Council members' comments; and Councillor Ball spoke in support of tabling the matter and on the need to have an accountable elected body in place to give direction and be responsible for establishing a transition team to orchestrate a proper transition to full amalgamation. On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the above matter be laid on the table for one week for further discussion. Question being taken, the tabling motion was carried. On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, Common Council communicate to the Premier, the Minister of Municipalities, Culture and Housing, and to the local MLAs its position on full amalgamation as indicated above. Question being taken, the motion was carried. (Deputy Mayor Chase and Councillor Fitzpatrick withdrew from the meeting, not having been present for the February 17, 1997 public hearings with regard to the proposed re-zoning of 631 Harding Street West and the proposed closing of portions of Chesley Drive/Old Strait Shore Road.) 12. Zoning By-Law Amendment To Re-Zone 631 HardinQ Street West On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-428 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 631 Harding Street West (NBGIC Number 35121), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business 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. 100-428 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. 13. Street Closing By-Law Amendment Cheslev Street/Old Strait Shore Road 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 stopping up and closing the following portions of highway:- CHESLEY STREET/OLD STRAIT SHORE ROAD: PARCEL E All that certain lot, piece or parcel of land, situate lying and being in the City of Saint 86-267 COMMON COUNCIL FEBRUARY 24, 1997 John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 4,588 square metres (1.13 acres) and being designated Parcel E on a Plan of Survey Showing Street Closures (portions of Chesley Street and Old Strait Shore Road) Plan 1 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996. PARCEL Y All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 17 square metres (180 square feet) and being designated Parcel Y on a Plan of Survey Showing Street closures (portions of Chesley Street and Old Strait Shore Road) Plan 2 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996. PARCELAA All that certain lot, piece and parcel of land, situate lying and being in the City of Saint John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 136 square metres (1,461 square feet) and being designated Parcel AA on a Plan of Survey Showing Street Closures (portions of Chesley Street and Old Strait Shore Road) Plan 2 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996. PARCEL 0 All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 12 square metres (131 square feet) and being designated Parcel 0 on a Plan of Survey Showing Street Closures (portions of Chesley Street and Old Strait Shore Road) Plan 3 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996. PARCEL U All that certain lot, piece or parcel of land, situate lying and being in the City of Saint John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 44 square metres (474 square feet) and being designated Parcel U on a Plan of Survey Showing Street Closures (portions of Chesley Street and Old Strait Shore Road) Plan 3 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996. PARCEL X All that certain lot, piece and parcel of land, situate lying and being in the City of Saint John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 1 square metre (10 square feet) and being designated Parcel X on a Plan of Survey Showing Street Closures (portions of Chesley Street and Old Strait Shore Road) Plan 3 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996. PARCEL FF 86-268 COMMON COUNCIL FEBRUARY 24, 1997 All that certain lot, piece and parcel of land, situate lying and being in The City of Saint John in the County of Saint John in the Province of New Brunswick being more particularly described as follows: A tract of land containing an area of 2,739 square metres (29,481 square feet) and being designated Parcel FF on a Plan of Survey Showing Street Closures (portions of Chesley Street and Old Strait Shore Road) Plan 4 of 4, City of Saint John, Saint John County, New Brunswick prepared by Hughes Surveys & Consultants Ltd. dated May 10, 1996 -- be read a third time and enacted and the Corporate Common Seal be affixed 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. (Deputy Mayor Chase and Councillor Fitzpatrick re-entered the meeting.) 14. Gizelle Bernier - Plowing & SandinQ Of Savoy Road On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from Ms. Gizelle Bernier requesting the possibility of Savoy Lane, the private road on which she lives, being plowed and sanded -- be referred to the City Manager. Question being taken, the motion was carried. 15. The Rothesay-Kings Rotary Girls Choir Participation In Festival "500" On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The Rothesay-Kings Rotary Girls Choir asking for assistance in reaching its goal of singing in Festival "500" in St. John's, Newfoundland, in June 1997 -- be received and filed, and Common Council wish the Choir well in its trip to St. John's, Newfoundland, and encourage interested citizens to support the Choir in this regard. Question being taken, the motion was carried. 16. Fundy Engineering & Consulting Ltd. DesiQn Procurement Crane Mountain InterchanQe On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Fundy Engineering & Consulting Ltd. expressing concern that accepted procurement procedures of the Fundy Solid Waste Commission have been circumvented in the Crane Mountain interchange design procurement; and asking Council to give this issue careful consideration and take measures to rectify this situation -- be referred to the Fundy Region Solid Waste Commission for response, and also to the City Manager for a report to Council. There was discussion on the issue of Gemtec Ltd., the Commission's Project Manager, having been awarded the design and inspection services for the interchange project without a proposal call, and the possibility of there being other projects which could be awarded to Gemtec. 86-269 COMMON COUNCIL FEBRUARY 24, 1997 Question being taken, the motion was carried. 17. Anne Nickerson Re FeedinQ Of PiQeons On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Ms. Anne Nickerson advising of her experience of being showered by a flock of pigeons and their droppings; and suggesting that perhaps it was time for the City to take action by enacting a by-law to prohibit the feeding of these nuisance birds -- be received and filed. Councillor Waldschutz suggested that it could be an offense to litter the sidewalk with bread and such to feed pigeons and also that public health officials should determine what, if any, diseases pigeons carry that could be transmissible to people; Deputy Mayor Chase expressed the opinion that the City should develop a policy to deal with the issue of people feeding pigeons; and Councillor Ball suggested that the issue of pigeons does nothing to enhance the quality of life in Saint John. Question being taken, the motion was lost with the Mayor and Councillors Ball, Chase, Fitzpatrick, Gould, Vincent and Waldschutz voting "nay". On motion of Deputy Mayor Chase Seconded by Councillor Waldschutz RESOLVED that the letter from Ms. Anne Nickerson advising of her experience of being showered by a flock of pigeons and their droppings; and suggesting that perhaps it is time for the City to take action by enacting a by-law to prohibit the feeding of these nuisance birds -- be referred to the City Manager. Question being taken, the referral motion was carried with Councillor Knibb voting "nay". 18. N.B. Jeux Canada Games Rugby Squad Participation In TraininQ Expedition On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the New Brunswick Jeux Canada Games Rugby Squad requesting financial aid to assist in the participation of a major training expedition in Vancouver, British Columbia, February 27 to March 7, in preparation for the 1997 Jeux Canada Games -- be received and filed and Common Council wish the Squad well and encourage citizens to support it. Question being taken, the motion was carried. 19. PRUDE Inc. Re "Negro Town Point" (Fort Dufferin) Site On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from PRUDE Inc. expressing the belief that "Negro Town Point" (Fort Dufferin) may be the site of an early Black Community; and asking that this site be fully investigated to ensure that it does not contain a grave site and that it be designated as a heritage site if it is proven to be an historical site, and also that PRUDE Inc. be sent copies of any reports that are prepared concerning this site -- be referred to the City Manager and the Preservation Review Board. 86-270 COMMON COUNCIL FEBRUARY 24, 1997 Question being taken, the motion was carried. 20. Beverly & Harold Grew - Change In Non-ConforminQ Use 38 DouQlas Avenue On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Beverly and Harold Grew regarding a request for a change in the non-conforming use of 38 Douglas Avenue from an electric appliance repair shop to a convenience-video store; and advising that it is the opinion of many area residents and property owners that this new designation would prove a poor move for the owner of the subject location and the residents of the area -- be referred to the Planning Advisory Committee. Question being taken, the motion was carried. 21. Jill Ryan - Participation In "Dance Olvmpus" Workshop On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Ms. Jill Ryan asking for financial support in helping her take advantage of a once-in-a-lifetime opportunity that may well pave the way to a career as a professional dancer and dance educator through her participation in an educational workshop offered by "Dance Olympus" -- be received and filed and Common Council congratulate Ms. Ryan and wish her well, and encourage citizens to support her in this regard. Question being taken, the motion was carried. 22. Tilley's Square Pizzeria & Lounge Inc. Re-ZoninQ Of 200-202 KinQ Street West On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Tilley's Square Pizzeria & Lounge Inc. for the re-zoning of 200-202 King Street West 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 Tuesday, April 1, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 23. Frank RodQers Re Police Services On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Frank Rodgers referring to the editorial in the February 11, 1997 edition of the Saint John Times Globe newspaper on the Perivale + Taylor report on the City's Police Department which seemed to have taken as its main source the information contained in an interview of February 5, 1997 with Chairperson of the former Saint John Police Commission Gary Foster in that, in his opinion, it is important that Council consider other facts surrounding the question of police services; and expressing the belief that it is essential for some measure of Council control to be retained if the public interest is to be adequately protected -- be referred to the Saint John Police Force Implementation Team. 86-271 COMMON COUNCIL FEBRUARY 24, 1997 Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber members of St. Marks United Church Scouts. 24. Women In The Nineties Conference Request For Financial Contribution On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from the Women In The Nineties Conference Planning Committee requesting financial support with regard to the 2nd Annual Women's Conference to be held in Saint John on Saturday, April 5 -- be received and filed and Common Council approve a grant of $250. The initial motion proposed by Councillor Knibb was to refer the above request to the City Manager, whereupon Councillor Trites suggested that Council should deal with the request at this time. Question being taken, the motion was carried. 25. The New Brunswick Veterinary Medical Association - Re Animal Control Bv-Law On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from The New Brunswick Veterinary Medical Association expressing concern that, under the Animal Control By-Law, veterinarians in Saint John will be required to pay a $100 kennel license fee similar to any backyard dog breeder; and asking that Council either amend the definition of "kennel" or add a specific section to exempt veterinary clinics and hospitals from the yearly license fee -- be referred to the City Manager. Question being taken, the motion was carried. Adjournment 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