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1997-10-27_Minutes 86-670 COMMON COUNCIL OCTOBER 27, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of October, AD. 1997, at 7:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; P. Woods, Acting 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; G. Tait, Fire Chief; D. Sherwood, Chief of Police; D. Parks, Police Constable; D. Oram, Police Constable; J. Wilcox, Police Constable; Mrs. M. Munford, Common Clerk; and Ms. C. Mosher, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Doug Woods of Silver Falls United Church offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on October 20, 1997, be approved. Question being taken, the motion was carried. 3(a) Amendment To Section 39 Conditions Of Re-ZoninQ 649-691 Somerset Street The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 conditions imposed on the July 22, 1968 re-zoning of the property located at 691 Somerset Street (NBGIC Number 52381), and the Section 39 conditions imposed on the December 2, 1985 re-zoning of the property located at 649 Somerset Street (NBGIC Number 55046056), to permit the site to be used for general light industrial uses, including a self-storage warehouse facility, the use of the site presently limited to the existing building (a former roof truss manufacturing facility) and the outdoor storage of lumber and trusses, as requested by Leighside Holdings Ltd., and no written objections were received in this regard. 3{b) Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report and a letter in favour of the above proposal considered by the Committee at its October 21 meeting and a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, Common Council amend the Section 39 conditions imposed on the July 22, 1968 re-zoning of the property located at 691 Somerset Street (NBGIC Number 52381), and the Section 39 conditions imposed on the December 2, 1985 re-zoning of the property located at 649 Somerset Street (NBGIC Number 55046056), to 86-671 COMMON COUNCIL OCTOBER 27, 1997 permit the site to be used for general light industrial uses, including a self-storage warehouse facility, subject to the following further conditions:- (a) the site must not be developed or redeveloped, except in accordance with a site plan, prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, outdoor storage areas, signs, landscaped areas and other site features, and no building permit will be endorsed by the Development Officer (except site preparation and/or foundation) until the site plan is approved, and such site plan shall be attached to the building permit; (b) where indicated on the site plan mentioned in (a), parking areas, loading areas, a isles, manoeuvring areas and driveways must be paved with asphalt and enclosed by cast-in-place concrete curbs to protect landscaped areas and facilitate proper drainage; (c) adequate site drainage facilities must be provided in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer; (d) outdoor storage, if any, must be located to the rear of the building(s) with screening in the form of vegetation and/or a solid fence between the outdoor storage area and the street in a manner which is satisfactory to the Development Officer; (e) all disturbed areas of the site which are not occupied by buildings, driveways, walkways, parking, loading or outdoor storage areas, must be landscaped, and the required landscaping must extend onto the City street right- of-way to the edge of the travelled portion of the road; and (f) all site improvements as shown on the site plan must be completed within one year of building permit approval. Question being taken, the motion was carried. 4. Municipal Plan Amendment 785 Loch Lomond Road Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 785 Loch Lomond Road (also known as 787-791 Loch Lomond and having NBGIC Number 313684), having a frontage of approximately 300 feet on the north side of Loch Lomond Road and an area of approximately 1.3 acres, from Low Density Residential to District Centre Commercial classification, to permit re-zoning of the parcel of land from "RS-2" One and Two-Family Suburban Residential to "B-2" General Business classification, and the subsequent development of a car sales lot, as requested by John H. Johnson of Johnson Engineered Solutions Limited. 8. Mayor's Remarks Mayor McAlary proclaimed November 1997 as Family Violence Prevention Month in the City of Saint John; noted the two final public meetings on a ward versus an at-large system for municipal elections on October 29 and October 30; and commended the organizers, performers and participants for the success of the Naval Tattoo held at Harbour Station on October 25. (Councillor Trites entered the meeting.) * Added Item On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Council add to the agenda of this meeting, as item 14A, an item concerning a policing proposal for Grand Bay- Westfield. Question being taken, the motion was carried. Motion To Permit Speaker Under AQenda Item 22 Councillor Gould, referring to item 22 on the agenda of this meeting respecting the need for a school crossing guard, advised that Mrs. Beverly Henneberry, Principal of the Morna Heights School, would like to address Council in this regard. 86-672 COMMON COUNCIL OCTOBER 27, 1997 On motion of Councillor Gould Seconded by Councillor Vincent RESOLVED that Mrs. Beverly Henneberry, Principal of the Morna Heights School, be permitted to address Council at this meeting during consideration of item 22. Question being taken, the motion was carried. Councillor Ball paid tribute to the memory of Mr. Maurice Mcintyre, who passed away on October 26, and extended condolences to his family. Councillor Arthurs congratulated Mr. Graham Savage and staff of OSO Hot Water Heaters of Norway on its grand opening in the City of Saint John; and the Mayor noted that the new Canadian Tire Store on Westmorland Road will have its grand opening on October 30. 22. Morna Heights School - Request For School CrossinQ Guard Mrs. Beverly Henneberry, Principal of the Morna Heights School, advised that she was accompanied at this meeting by the President of the Home and School and the Chairperson of the Morna Heights School Parent Advisory Committee; apprised Council of two near mishaps in September each involving a school bus at the Martinon Clubhouse school bus stop, which prompted her contact with City staff and her subsequent letter to Council, as well as of action taken by City Engineering and the Police Department in this regard; and requested that a crossing guard be placed at the Martinon Clubhouse school bus stop for one hour in each of the morning and afternoon at a cost of $5.50 per hour, or $11 per day. On motion of Councillor Vincent Seconded by Councillor Arthurs RESOLVED that with regard to the letter from Mrs. Beverly Henneberry, Principal of Morna Heights School, requesting a school crossing guard at the school bus stop at the Martinon Clubhouse, sufficient funds be obtained from the Saint John Police Force to have a crosswalk guard in attendance for one hour in the morning and one hour in the afternoon at this location. Question being taken, the motion was carried. Mayor McAlary advised that the next budget session would be held on Saturday, November 1,1997 commencing at 9:00 o'clock a.m., for which the City Manager would provide an agenda to Council members on Friday, October 31. 9. Zoning By-Law Amendment To Re-Zone Kennebecasis Drive On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the report from the City Manager further to Common Council resolution of July 7, 1997 authorizing entering into an agreement with Maber & Somerville Joint Venture Ltd. to facilitate the upgrading of the sewage treatment facility on Kennebecasis Drive near the ferry landing; advising that the City land is presently zoned "RS-2" One- and Two-Family Suburban Residential consistent with the surrounding area and, prior to the upgrading of the sewage treatment plant, it is necessary to place a portion of this property in a "US" Utility Service zone; and recommending that Council initiate the re-zoning of the property at 1099 Kennebecasis Drive (NBGIC Numbers 49450 and 55005565), from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service and "P" Park classification, set the public hearing date for December 8, 1997, and refer the proposal to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted, with the public hearing to be held on Monday, December 8, 1997 at 7:00 o'clock p.m. Question being taken, the motion was carried. 86-673 COMMON COUNCIL OCTOBER 27, 1997 10. Sublease Of Suites 1509 & 1510 On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council authorize a sublease of Suites 1509 and 1510 in the City Hall building, comprising an area of 960t square feet of rentable space to The Night Shift Answering Services Ltd., as per the following terms and conditions:- (1) the term of the sublease shall be month-to-month, commencing on October 11, 1997; (2) the monthly rent for the subject space shall be $1,500 + HST inclusive, except the tenant is to provide cleaning of the subject space; (3) rent is to be payable monthly in advance; (4) the sublease can be terminated, by either party, upon issuance of a 30-day written notice; (5) the tenant shall acknowledge and abide the terms, conditions and obligations of the City of Saint John respecting the owners, as outlined in the Head Lease between the City of Saint John and the owner; more specifically, the tenant is to abide by clauses 4, 5, 6, 7, 8, 13, 14, 15,22,24 of the Head Lease and the thereto attached "Rules and Regulations"; and (6) the tenant obtain and maintain during the term of the sublease a liability insurance policy for the subject space with a coverage limit of not less than $2 million, the City of Saint John and the Owner be co-named in this policy, and that proof of the coverage be provided to the City; and further that Moore Holdings Inc. retain $1,000 + HST of the monies being in held In Trust (for The Night Shift) as a commission for the subject sublease; that this $1,000 + HST commission is to be evenly split with ReMax Professionals Inc., and that proof of payment to Remax is to be provided to the City of Saint John, and that the Mayor and Common Clerk be authorized to execute the required documentation. Question being taken, the motion was carried. 11. Release Of Option To Purchase Land At 1011 Fairville Boulevard Read a report from the City Manager submitting a letter from the Legal Department advising of a request from D. Hayward Aiton on behalf of 2266008 Manitoba Ltd. for the formal release of an option on property owned by the Company at 1011 Fairville Boulevard, such property having been conveyed by the City by deed dated February 11, 1974 to Varta Batteries Ltd. subject to an option in favour of the City to purchase the land conveyed if, one year from the date of the deed, the grantee had not constructed a warehouse upon these lands; and setting out an appropriate resolution for Council to adopt in this regard. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the City formally release to 2266008 Manitoba Ltd. the option to purchase lands as set forth in a deed from the City of Saint John dated February 11, 1974 and registered in the Saint John County Registry Office on February 26, 1974 in book 718 at page 397-401 as no. 246484, and the Mayor and Common Clerk be authorized to execute such release. Question being taken, the motion was carried. 12. Establishment Change Saint John Police Force Consideration was given to a report from the City Manager advising that the position of Senior Computer Operator in the Saint John Police Force was recently vacated when the incumbent moved to another job with the City and, since its last posting in 1989, there have been major changes in both technology and the way the duties and responsibilities are performed and, as well, the recently-completed initiative dealing with the Information Technology Strategic Plan recommended that this position have a different focus, an adjusted job description and a subsequent title change to Network Administrator; also advising that the position of Senior Computer Operator is presently classified at Group 7 in the CUPE Local 486 bargaining unit and it is recommended that there be no change in classification for the Network Administrator, and that this change is supported 86-674 COMMON COUNCIL OCTOBER 27, 1997 by Local 486; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council amend the Establishment of the Saint John Police Force to delete the position of Senior Computer Operator Clerical/Technical, Group 7) and add the position of Network Administrator (Clerical/Technical, Group 7). Question being taken, the motion was carried. 13. "Please Don't Drink And Drive" CampaiQn On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the Chief of Police, Council support the request of Moosehead Breweries Limited to install, by December 1, 35 (3 x 6 foot) vinyl signs on telephone poles in various locations in the downtown and west side of the City silkscreened with a "Please Don't Drink and Drive" message, and remove the signs shortly after the new year. Question being taken, the motion was carried. 14. Secondment Of Constable To Canadian Police ColleQe On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that as recommended by the Chief of Police, the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement between the Saint John Police Force, the Canadian Police College and Constable Darrell Scribner permitting Constable Scribner's release for the purpose of his secondment with full pay and benefits to the Canadian Police College for a period of two (2) years commencing April 1, 1998 and terminating on the 31st day of March 2000, with an option for a third year if agreed by all parties: AND FURTHER that the subject Letter of Agreement be referred to the City Solicitor. At Mr. Nugent's request that the actual text of the Letter of Agreement be referred to him for a week as there were certain matters of detail that needed to be attended to, the motion was changed accordingly. Question being taken, the motion was carried. *14A. Policing Services Grand Bav-Westfield The Mayor called for a motion to take from the table the item tabled at the October 20, 1997 Council meeting with regard to policing services for Grand Bay- Westfield. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the above-mentioned item be taken from the table. Question being taken, the motion was carried. The Mayor noted that the Chief of Police's recommendation tabled on October 20, 1997 was that the Saint John Police Force withdraw from the Grand Bay- Westfield policing proposal process and that this was tabled for the Chief of Police to give 86-675 COMMON COUNCIL OCTOBER 27, 1997 further consideration to the issue and report to Council; and asked Chief Sherwood to review his report in this regard which was considered in Committee of the Whole earlier this date. Chief Sherwood noted that the first portion of the subject report includes the make-up of the current Saint John Police Force, the organizational charts, the Patrol Division and the various functions performed by different units within the Police Force, covering the speciality units; and, referring to page 27 of the report, advised that, having reworked the figures for the cost of policing to Grand Bay-Westfield, the proposed make- up would be one sergeant, nine constables and one stenographer for a total sum of $644,806. Chief Sherwood also advised that the calculations on page 28 of the report for facilities, police vehicles, equipment and clothing would be subject to change depending on what was available in the communities concerned, and that an administrative fee structure has been built into the proposal; and made the observation that, in reconsidering all of the issues, the matter was again before Council in a more detailed position than that of last week. On motion of Councillor Trites Seconded by Councillor Arthurs RESOLVED that Council accept the Chief's recommendation from the October 20, 1997 meeting that the Saint John Police Force withdraw from the Grand Bay-Westfield policing proposal process and, in addition, the City of Saint John offer to the Grand Bay-Westfield Police Force its various specialized services at a charge back of $50 an hour for those services whenever they are needed. Councillor Trites expressed the belief that it would not be in the best interests of the community to extend the Saint John Police Force beyond its current mandate, and the Saint John Police Force should continue to concentrate its efforts to get everything in order in terms of Perivale + Taylor and administrative questions. Councillor Knibb disagreed with the above motion and, in response to his request for the Chief of Police to tell Council what his revised recommendation would be for the submission of a proposal for policing to the Town of Grand Bay-Westfield, Chief Sherwood advised that, in reconsideration of Council's position last week, the issue was revisited and there have been discussions among staff, and it would be his recommendation that the Saint John Police Force enter into the proposal call and submit this proposal for consideration, adding that the proposal was to be presented to Grand Bay-Westfield on October 30. Councillor Knibb, speaking in support of the Chief's recommendation to enter into the proposal call, suggested that the Saint John Police Force could offer the first step towards a regional police force for the greater Saint John area. Councillor Brown and Deputy Mayor Chase spoke in favour of the Saint John Police Force remaining in the proposal process; and Councillor Vincent advised his intent to oppose the motion on his long-term concerns of another police force coming into reality unless the area gets regionalized as quickly as possible. Councillor Arthurs suggested that the Saint John Police Force was not at the stage to police Grand Bay-Westfield in the same form of community policing and so on as in Saint John, and that the City should look after its own rank-and-file, its morale and its citizens. Councillor Waldschutz advised his intent to support the motion because he considered it a strike towards stymieing RCMP encroachment. The Mayor re-iterated her view that the Saint John Police Force has enough issues to get in order before it attempts to take on a larger area. Question being taken, the motion was lost, a tie vote having been created with Deputy Mayor Chase and Councillors Brown, Gould, Knibb and Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the Chief of Police, the Saint John Police Force submit a proposal for policing services, as outlined by the Chief of Police, to the Grand Bay-Westfield municipality, on Thursday, October 30, and Council await the response to it. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Arthurs, Ball, Trites and Waldschutz voting "nay". 86-676 COMMON COUNCIL OCTOBER 27, 1997 Councillor Trites suggested that, without Council's support, the document in question could not be presented on Thursday; and Councillor Vincent questioned the relevancy of the second motion after the first motion in the above regard was defeated and suggested that the second motion was not a valid motion and not binding, to which Mr. Nugent expressed the belief that, as the first motion was defeated, Council was still dealing with the same issue on which a different motion was put forward and voted on. 5. Island View Home And School Playground Committee Re PlaYQround Equipment Mrs. Fiona Higgins, appearing on behalf of the Island View Home and School Playground Committee, introduced other Committee members Colleen MacRae, President of the Home and School, and Cathy Macintosh, Treasurer of the Home and School; and presented the previously-submitted brief outlining the Committee's fund- raising and other efforts since October 1996 for a much-needed community playground, the proposal being to build the playground in two phases, with Phase 1 to proceed with installation in early December at a cost of equipment, installed with the appropriate safety surface, being $35,325.61, and Phase 2, which the Committee is optimistic would be in place within the next year or two, to include a basketball court and additional playground equipment with estimated costs of $15,000 to $20,000; and requested funding to match the $18,610.23 the Committee has raised to build Phase 1 of a playground at Island View Elementary School in West Saint John. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the presentation on behalf of the Island View Home and School Playground Committee of a proposal for community playground be referred to the City Manager for funding through the Land for Public Purposes Trust Fund. Deputy Mayor Chase questioned the possibility of funding provision by the School District to which Mrs. Higgins replied that the School District Office did not have monies available for a project of this kind, although there was a donation through the Principal of the Island View School from one of his funds. Question being taken, the motion was carried. 6. Loyalist Days Inc. Re HeritaQe Celebration Consideration was given to a brief from Ms. Candice MacDonald, Chairperson of Loyalist Days Inc., advising her intent to present the financial statement for 1997 and the proposed budget for 1998, the latter being set out herein; and outlining the plans for Heritage Celebration 1998. Ms. Candice MacDonald, Chairperson for Loyalist Days Inc., addressed Council, reading from a prepared brief (copies of which were subsequently distributed to Council members) outlining the plans underway for the 1998 Heritage Celebration to be held July 22 to 26. Ms. MacDonald noted the presence at the meeting of persons in support of Loyalist Days, including Clara LeBlanc representing NBAPC, Mr. Nick Skinner of PRUDE, Ms. Yolanda Lucas of the Multicultural Association, and Mrs. Lori Gaudet from the Jervis Bay Pipe Band, as well as Loyalist Days board members; and advised that, while the 1997 Financial Statements were not available for presentation at this meeting, they would be presented as soon as possible. Ms. MacDonald, having noted that the 1998 budget has been amended from that submitted to Council in the above-mentioned brief, presented the following projected costs of operation for 1998: Office, staff and associated costs $10,000; Parade, including hiring more bands $2,500; Encampments, Historical Events and other activities $4,500; Downtown entertainment, i.e. dance with Stadacona Band $5,000; advertising, promotion $3,000; Fireworks - $10,000, for a total budget of $35,000; and requested a total grant from the City of Saint John of $35,000. 86-677 COMMON COUNCIL OCTOBER 27, 1997 During discussion, Ms. MacDonald advised of Loyalist Days lnc.'s desire to keep its office open year-round and that perhaps it would not be necessary to have a fire works display during Loyalist Days if there were to be a display at another time during July; and Councillor Knibb asked that Loyalist Days lnc,. revisit its proposed budget in that the request for 1998 was for $35,000, while the City's grant in 1997 was for $20,000. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the presentation on behalf of Loyalist Days Inc. with regard to Heritage Celebration '98 be referred to the City Manager and to the budget deliberations. Question being taken, the motion was carried. 7. The Saint John Theatre Co. Re 1997/1998 Season At Imperial Theatre Mr. Stephen Tobias, Artistic Director of The Saint John Theatre Company Inc., highlighted his previously-submitted brief which provided information on the Theatre Company's activities, including statistics on Imperial Theatre usage for the Theatre Company, a list of its major productions, information on the deficit accrued during the production of Hamlet and from its unsuccessful attempt to save the King's Square Cinema building from demolition, a budget summary for the 1997/1998 season. and a request for support for the 1997/1998 season at the Imperial Theatre, making note that the City of Saint John, for the past three seasons, has purchased the back cover of the seasonal program for $1,000. Mr. Tobias requested the City's consideration of being a Main-Stage Co-Sponsor for $3,000. In response to a question as to whether or not the above presentation was a budget request, Mr. Totten made the observation that, if Council were to refer the request to place advertisement to the budget process, it would be a 1998 expenditure; and suggested that the issue, as the issue were more in terms of a 1998 budget item, would be of one of whether or not Council wanted to place the ad at this point in time. Mr. Tobias confirmed Councillor Waldschutz' understanding that the request was for a sponsorship which would include a full-page advertisement; and, in response to Councillor Waldschutz' question of whether the Theatre Company, if the City were to accede to the request and sponsor the Theatre Company, could resell the vast majority of the full-page ad with just a small notation to indicate that the City of Saint John had made the sponsorship and was offering the space for resale to another sponsor, Mr. Tobias replied that, while the Theatre Company could do that, the Theatre Company liked having the City of Saint John recognized as part of what it does. On motion of Councillor Waldschutz Seconded by Councillor Ball RESOLVED that Council accede to the request of The Saint John Theatre Company for a $3,000 sponsorship and a full-page ad. Councillor Trites advised that he could not support the motion, and it would be appropriate to refer it to the City Manager to determine if funds were available to increase the amount to $3,000; and made the observation that, in response to Mr. Tobias' presentation to Committee of the Whole on May 20, Council denied the request for financial assistance for a proposal for the King's Square Cinema building. Councillor Knibb expressed the view that Council was not being realistic in that every year for five years the City has supported the Imperial Theatre in an amount of $215,000 to support the Imperial Theatre without which The Saint John Theatre Company would not be performing as well as it is today and the City does not have the money, nor is it reasonable, for Council to be encouraging increased grants; and suggested that the most the City could hope to do would be to repeat what it has done with the $1,000 ad. Councillor Gould, in questioning the procedure, asked if the above would be a 1998 budget item, to which the Mayor responded in the negative in that it would be a 1997 budget item from unspecified grants, whereupon Councillor Gould suggested it should be determined if there is any funding in the unspecified grants budget as it was his belief that it was empty. Mr. Totten 86-678 COMMON COUNCIL OCTOBER 27, 1997 made the observation that Council was being asked to place an advertisement in a program for the upcoming season, a practice which the City does, which would be a 1997 expenditure of $3,000, and the City has budgets within Tourism and Communications to fund advertisements, as is done on a regular basis; and, although the request could be assessed in light of just that particular budget line, regardless, Council was aware that the City of Saint John would be recording a deficit for 1997. As to the amount of the unspecified grants budget as questioned by Councillor Brown, Mr. Woods advised that the most recent information indicated that the account was overspent probably about two months ago, and that one item was outstanding, that being a $5,000 commitment to the Naval Tattoo, if needed. Councillor Brown suggested that this matter should be dealt with in the budget process; and the Mayor advised that she could not support a grant of $3,000, although she might have had some consideration for just a back-page ad. Councillor Ball offered to rescind as seconder of the motion if the matter could be referred to budget and, upon the Mayor's clarification that the amount would be a 1997 not a 1998 budget amount, Councillor Ball confirmed his second to the motion. Question being taken, the motion was lost with the Mayor and Councillors Brown, Gould, Knibb, Trites and Vincent voting "nay". On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the City Manager be requested to look at incurred budgetary figures with respect to purchasing a page advertisement in The Saint John Theatre Company's seasonal program as the City has done in the past, and submit a recommendation to Council. Councillor Waldschutz expressed the understanding that Council made a decision some time ago to make such decisions itself and refrain from referring these requests to the City Manager; and expressed the opinion that Council should make a decision at this time. Mr. Totten asked, as staff makes decisions on ad placement in the normal course of events without coming back to Council, for clarification on whether or not Council wanted him to come back in this case or if the matter was being referred for him to decide whether or not it was worth the City of Saint John placing $1,000 ad, whereon Councillor Trites indicated that he would settle for a referral. On motion of Councillor Trites Seconded by Councillor Ball RESOLVED that the above matter be referred to the City Manager. Question being taken, the referral motion was carried with the Mayor and Councillors Brown and Waldschutz voting "nay". 15. Water And Sewerage Bv-Law Amendment Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed Water and Sewerage By-Law amendment with regard to leachate, which was given first and second readings on October 20. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", with regard to leachate, be read a third time and enacted and the Common Corporate Seal be affixed thereto. In response to Councillor Vincent's concern that the City, in accepting leachate whether in the early stages of its development at the landfill site or three years from now, would be contravening paragraph 6 of the EIA report by accepting leachate that is not pre-treated, Mr. Robichaud advised that staff would not be coming forward with an agreement unless the Province of New Brunswick re-states condition 6 to say it is okay to truck leachate off the site for, say, four months or until a stabilization tank is constructed or 86-679 COMMON COUNCIL OCTOBER 27, 1997 whatever, but Council will not see an agreement developed by staff until staff feels sure and is assured by the Province that it is okay to do that. The by-law entitled, 'A By-Law To Amend A By-Law Respecting Water And Sewerage", was read in its entirety. Question being taken, the motion was carried with Councillors Gould and Vincent voting "nay". *14A Councillor Brown asked to comment on item 14A previously dealt with in this meeting, with the request that he be allowed to complete his comments prior to possibly being ruled out of order in that he needed a legal opinion in this regard. Councillor Brown expressed the view that Council, on September 8, gave previous direction to the Chief to partake in the process to put a proposal in to do policing in Grand Bay-Westfield, thus the Chief has permission to go to Grand Bay on Thursday to give the proposal because, as a result of Council having last week tabled the Chief's recommendation to withdraw from the process and at this meeting voted on the recommendation and defeated the motion, withdrawing is not an issue; and also that, as the next motion to proceed was defeated too, the motion of September 8 would stand. The Mayor ruled Councillor Brown out of order because she thought it improper to bring it up on the agenda at this time; and suggested that it could be considered in Committee of the Whole should there be a meeting later this date. Councillor Gould, on a point of order, suggested that, if Council wanted to discuss item 14A, Council must deal with a motion to reconsider item 14A with certain Council members able to move and second the motion, depending on how they voted. The Mayor suggested that she would continue on with the agenda at this time and, at the end of the agenda, Council, if it so wished, could reconsider item 14A 16. 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, October 23, 1997, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Knibb, Trites, Vincent and Waldschutz, and your Committee submits the following recommendation, namely:- 1. That the following resolution be adopted, namely: WHEREAS David J. Sherwood has held the position of Chief of Police with the City of Saint John Police Force since November 1, 1988; and WHEREAS Chief Sherwood has sought an opportunity to take early retirement from employment with The City of Saint John on mutually acceptable terms; and WHEREAS the City Manager has recommended in response to Chief Sherwood's initiative that the City pay to David J. Sherwood an amount equal to 18 months of the Chief's current gross salary plus the cost to the City of providing the package of employee benefits now enjoyed by the Chief for the same 18 month period, which amount is in addition to and exclusive of normal retirement benefits to which retiring City employees are entitled; that this payment be made in one or more instalments at the Chief's discretion and according to a schedule to be determined by him but in any case not extending more than three years beyond the date of the Chief's retirement; that consistent with other early retirement programs that have been offered by the City, Chief 86-680 COMMON COUNCIL OCTOBER 27, 1997 Sherwood be paid a sum of $2,000 per year for each of the five years immediately following his early retirement to provide for health and dental expenses; and that all payments referred to herein are conditional upon the early retirement of David J. Sherwood effective not later than the 14th day of November, 1997 and also upon his executing an agreement containing the terms set out herein and a release in favour of the City with respect thereto: NOW THEREFORE BE IT RESOLVED that the recommendation of the City Manager is hereby adopted AND FURTHER BE IT RESOLVED that the Mayor and Common Clerk are hereby authorized to execute an agreement with David J. Sherwood, acceptable to the City Solicitor as to form and legality, containing the terms set out herein and a release in favour of the City with respect thereto. October 27, 1997, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 16.1. Chief Of Police Earlv Retirement On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 17. Fort LaTour Development Authority Request For Appointment Of Member On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from Mr. Eric L. Teed, Chairman of the Fort LaTour Authority, advising with regret of the demise of Helen Reed, a City appointee to the Authority; and asking the City to give consideration to appointing a replacement to complete Ms. Reed's term of office which would have expired on December 23, 1999 -- be received and filed. The initial motion proposed by Councillor Knibb was to refer the above matter the Nominating Committee, whereupon the Mayor advised that the Nominating Committee dealt with this matter which would be the subject of a report next week, and suggested that the motion could be to receive and file. Question being taken, the motion was carried. 18. Fort LaTour Development Authority Application For Grant For 1998 On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mr. Eric L. Teed, Chairman of the Fort LaTour Development Authority, submitting a revised budget further to being notified of Council's resolution of October 6 referring its application for a grant of $9,000 back to the Authority -- be referred to budget. Question being taken, the motion was carried. 18A. Saint John Art Advisory Board Art Placement In Council Chamber On motion of Councillor Trites 86-681 COMMON COUNCIL OCTOBER 27, 1997 Seconded by Councillor Arthurs RESOLVED that the letter from Mr. William Fitzpatrick, Chairman of the Saint John Art Advisory Board, referring to the Mayor's indication at the opening ceremony of the Saint John Art Club's Art Festival '97 that she was interested in having art works placed in the Common Council Chamber; and asking to be given an opportunity to meet to discuss the Board's participation in this project in its formative stage -- be referred to the City Manager. The Mayor advised that there would be no cost to the City in the above regard and asked permission for the Art Advisory Board to come to Councilor for her to meet with the group to see what it has in mind. Question being taken, the motion was carried. 19. The Municipality Of Metro Toronto Support For White Ribbon CampaiQn On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Municipality of Metropolitan Toronto citing a resolution adopted at its September 24 and 25 Council meeting regarding the 1997 White Ribbon Campaign -- be received and filed and The Municipality Of Metropolitan Toronto be advised that Common Council has agreed to proclaim November 28 to December 6 as White Ribbon Week in the City of Saint John. Question being taken, the motion was carried. 20. Katie Bryniak - Request For Financial Support Consideration was given to a letter from Katie Bryniak advising that she is a grade twelve student at Saint John High School who, to do her part in a World Issues 120 class project, has chosen as a class project to take on the role of a homeless person and live on the street for a night on October 24, and will be presenting a donation to Romero House; and asking for the financial support in this regard. It was noted that there was a request to withdraw the above letter and the Mayor, in noting that the project had already taken place, asked for a motion to withdraw the request. On motion of Deputy Mayor Chase Seconded by Councillor Arthurs RESOLVED that the letter from Katie Bryniak regarding a class project be withdrawn as requested. Question being taken, the motion was carried. 21. Cherry Brook Zoo - 1997 Audited Statements And 1998 BudQet On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Dr. John S. Mackay, Chairman of the Board of Trustees of Cherry Brook Zoo Inc., submitting the Audited Statements for the last fiscal year, a statement of revenue and disbursements for the current year, and the budget and budget rationale for the ensuing year -- be referred to the 1998 budget. Question being taken, the motion was carried. 86-682 COMMON COUNCIL OCTOBER 27, 1997 23. Philip J. Lee Re Crane Mountain Landfill Site On motion of Councillor Vincent Seconded by Deputy Mayor Chase RESOLVED that the letter from Rev. Philip J. Lee advising that, because it is unclear who has ultimate responsibility for the Crane Mountain landfill in the present and for its potential consequences in the future, he has chosen to write the Department of the Environment, the Fundy Region Solid Waste Commission and Saint John City Council; and, in explaining why it has been decided not to proceed with further court action at this time, requesting: (1) to be provided with free initial tests and free semi-annual tests for all 1000 wells in the area; (2) to be provided with a definite plan for remediating ground water, well water, surface water and air pollution; (3) that River Road citizens' groups be provided with the same privileges and information that is accorded the Fundy Future Environment and Benefits Council - access to the site and access to all studies and documents related to the landfill and its operation; and (4) to be provided with clear answers to two important questions as stated herein -- be received and the City Manager be requested to address the four points raised in Rev. Lee's letter and commitments and responses be provided as soon as is reasonably possible to the points involved. During discussion Councillor Gould, speaking on the potential for future contamination of the residents' water systems and the necessity of the operators of the landfill to provide for continuous monitoring to detect any contamination that might occur, suggested that Council must do even more in that, while the Fundy Region Solid Waste Commission made a commitment to the residents of the Crane Mountain area that City water services would be extended to their area should their water system become contaminated, who would be responsible for the cost; and suggested that a strong letter should go forward from the Mayor and Council of Saint John reminding the Government of New Brunswick that, in the event of such unfortunate incident, the City of Saint John will expect the Government of New Brunswick to finance such cost because, in the final analysis, the decision to build the landfill at Crane Mountain was made by the Government of New Brunswick. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vincent RESOLVED that a letter be forwarded to the Premier and the Government of New Brunswick informing them that the Mayor and Council of Saint John view with some concern the potential for contamination of the water systems of residents adjoining the Crane Mountain landfill and, in the event that such contamination should occur, the City of Saint John will expect the Government of New Brunswick to finance the cost of extending such City water services since the Provincial Government made the final decision to create the landfill at Crane Mountain. Councillor Trites advised that he would not be comfortable supporting the above motion until Council heard back from staff reacting to the questions put forward in the above letter to the Fundy Region Solid Waste Commission, the City and the Ministry of the Environment. The Mayor advised that she would have difficulty supporting the motion at this time because the Commission has indicated that, if there were a problem with contamination of water, the Commission would be responsible for it, and also that, as the Province has handed the responsibility over to the Commission, this would not be the Province's jurisdiction. Councillor Brown spoke against the motion on the basis that this issue has been dealt with by the Commission, and Councillor Arthurs concurred in this regard. Question being taken, the motion was lost with the Mayor and Councillors Arthurs, Brown, Knibb, Trites and Waldschutz voting "nay. 86-683 COMMON COUNCIL OCTOBER 27, 1997 24. River Road Concerned Citizens Committee Re SitinQ InteQrity Of Landfill At Crane Mountain Consideration was given to a letter from the River Road Concerned Citizens Committee submitting a copy of a recent letter and enclosures to the New Brunswick Minister of the Environment; and urging Council to protect the citizens from the foreseeable damage by reversing its decision to permit the landfill from becoming a reality within the aquifer for their drinking water. On motion of Councillor Vincent Seconded by Councillor Gould RESOLVED that Council reverse its decision in having a landfill located in a recharge area identified as Crane Mountain. Question being taken, the motion was lost with the Mayor, Deputy Mayor Chase and Councillors Arthurs, Ball, Brown, Knibb, Trites and Waldschutz voting "nay". 25. Wright Street Housing Co-Operative Re Tree-PlantinQ ProQram On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Ms. Georganne Burke, President of the Wright Street Housing Co-Operative, advising of the Housing Co-Operative's tree-planting project and inviting Council to its opening -- be received and filed with congratulations on the project and in anticipation that Council members could attend the November 5 opening. 26. Dwight Hazen Cummings Re-ZoninQ 661 ManawaQonish Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Mr. Dwight Hazen Cummings for the re-zoning of 661 Manawagonish 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, December 8, 1997, at 7:00 o'clock p.m. Question being taken, the motion was carried. 27. Greater Saint John Economic Development Commission (Enterprise Saint John) Further To October 14 Presentation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from Mr. Stephen Carson, General Manager of the Greater Saint John Economic Development Commission (Enterprise Saint John) further to the October 14 presentation to Council, and advising the intent, as part of the communications plan, to be submitting a regular article to the Saint John Times Globe newspaper to feature many of Enterprise Saint John's activities and initiatives and the Communications Committee will be meeting to discuss ways in which to further enhance the exchange of information and ideas between it and members of Council -- be received and filed. Question being taken, the motion was carried. 86-684 COMMON COUNCIL OCTOBER 27, 1997 *14A. On motion of Councillor Vincent Seconded by Councillor Waldschutz RESOLVED that item 14A be reconsidered at this time. Question being taken, the motion was carried with the Mayor and Councillor Trites voting "nay". *14A The Mayor noted that the item on the agenda earlier in this meeting under item 14A was to withdraw the proposal to provide policing services to the Grand Bay- Westfield area. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that Council support the Chief of Police's recommendation to make the bid as proposed. During discussion the Mayor clarified the motion to the effect that Council would allow the Chief to present the proposal for policing services to Grand Bay-Westfield on Thursday; and, as to whether or not the Implementation Team was involved in this matter, Chief Sherwood advised that, after last week's Council meeting, the issue was discussed at the Implementation Team meeting and, as a result of discussion on the issue of the Strategic Plan being developed and brought into place, the issue of the Perivale + Taylor report addressing the concerns that this agency should interact with other law enforcement agencies more closely than it has in the past, and the recommendation in the Grant report for a municipal agency in this area of the Province, he made a recommendation at this Council meeting which he considers sound and valid and the proposal has some merit and, although he made a different recommendation to Council at its last meeting, that was based primarily on monetary issues. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Arthurs, Ball, Trites and Waldschutz voting "nay". Adjournment The Mayor declared the meeting adjourned. Common Clerk