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1997-12-01_Minutes 86-738 COMMON COUNCIL DECEMBER 1, 1997 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of December, AD. 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; A Beckett, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. Edwards, Building Inspector; J. Baird, Manager of Community Planning; J. Mcintyre, Manager of Industrial Relations; B. McCarthy, Manager of Human Resources; B. Malone, Planner; P. Morgan, Personnel Officer; G. Buchanan, Public Safety Communications Centre; G. Tait, Fire Chief; C. Cogswell, Acting Chief of Police; A Bodechon, Assistant Deputy Chief of Police; Mrs. M.E. Gray, Administrative Assistant to the Mayor; 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 Rev. David Nicholson of the Douglas Avenue Christian Church offered the opening prayer and, on behalf of the Operations Christmas Child Project, thanked the City for its participation in helping to fill 5500 shoe boxes in the Sussex to St. Stephen area. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on November 24, 1997, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary introduced Mayor For The Day, nine-year old Miss Kendall Carpenter, a Grade 5 student of Glen Falls School, who wished Council well in its meeting of this date, as well as seasons greetings to the citizens of Saint John, and distributed a gift of candy to each of the Council members. Mayor McAlary proclaimed the month of December as Lung Awareness Month and encouraged citizens to seek information about lung disease and to give to the Lung Association's Annual Christmas Seal Campaign; and also proclaimed December 1 as World AIDS Day in the City of Saint John, and Mr. Burns Foley MacMillan addressed Council in the latter regard, the theme of this year's World AIDS Day being Children Living In A World With AIDS. The Mayor welcomed to the Council Chamber Mr. Bliss Hanson, a teacher, and students from St. Malachy's School who were present as part of their grade 12 education program; and extended a welcome to the City to the participants in the 1998 World Junior Figure Skating Championships which will officially open on December 2 at Harbour Station. The Mayor advised the plans for the Mayor's Tree Lighting Ceremony to be held on December 5 at Loyalist Plaza. 86-739 COMMON COUNCIL DECEMBER 1, 1997 * Added Item Deputy Mayor Chase, in expressing the view that item 20 on Committee of the Whole agenda of this date did not fit into the issues to be discussed in closed session - being land, legal and labour, suggested that this item should be considered in open session of Council. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that item 20 on the Committee of the Whole agenda of this date, being a report from the City Manager on the criteria for conducting a plebiscite, be added to the agenda of this meeting for consideration as 7B. Question being taken, the motion was carried. The Mayor concurred that the above item could be considered as 7 A rather than 14A as initially proposed. Councillor Vincent noted the letter from the City Manager (copies of which were forwarded to Council members as an information item) submitting a letter of appreciation to Fire Chief G. Tait from Lantic Sugar Refinery Power Plant Superintendent Brian Macinnis for the manner in which the Department conducted itself in responding to a November 20 fire incident at the Refinery. * Added Item Deputy Mayor Chase, referring to the letter to the Mayor from Saint John Shipbuilding Limited (copies of which were forwarded to Council members as an information Item) relative to the tax situation, noted that Council at its last meeting added letters of this nature to the agenda. On motion of Deputy Mayor Chase Seconded by Councillor Waldschutz RESOLVED that the above- mentioned letter be added to the agenda of this meeting for consideration as item 3A Question being taken, the motion was carried. Note was made by Deputy Mayor Chase of the copy of the letter to the Mayor from the Town of Grand Bay-Westfield, advising of its appointment of Mr. Jack Keir as the Town's representative to the regional facilities commission, and asked if this was to be an all-elected representatives forum, to which the Mayor replied in the affirmative and advised that this matter would be broached at the next Nominating Committee meeting. *3A. Saint John Shipbuilding Limited Re 1998 BudQet And Tax Increase On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the copy of the letter to Mayor McAlary from Saint John Shipbuilding Limited stating that the City's option to increase taxes is totally unacceptable, and urging a review of the options for managing the 1998 budget for the City of Saint John and to eliminate tax increases as one of those options -- be received and filed and considered during the budget process. Question being taken, the motion was carried. 86-740 COMMON COUNCIL DECEMBER 1, 1997 4. Human Development Council 1998 BudQet Request Consideration was given to a letter from the Human Development Council submitting its 1996-1997 Annual Report and audited statement, a brief summary of activities for this year and next and the most recent issue of NEXUS, as well as its 1998 budget request of $47,000, the same amount the Council had been receiving since 1995; and describing the impact a 10% reduction in funding would have on the ability of the Council to meet the needs of the community and funding partners. Mmes. Bridget McGale, President; Janice Hayes, Treasurer, and Cathy Wright, Executive Director of the Human Development Council, were present at the meeting; and Ms. McGale, through a budget presentation, reviewed the Council's logo, mandate, 1997 goals and activities, 1998 highlights, and structure. Ms. Wright spoke on the co-ordinating role played by the Human Development Council for the Teen Pregnancy Committee for the Greater Saint John area, and the Council's participation in a rally organized by the Urban Core Support Network to increase awareness of poverty in Saint John, as well as the Council's involvement with the City and other municipalities and organizations in an attempt to get statistics on urban poverty; and copies of a pamphlet regarding Campaign 2000 on child poverty in Canada were distributed to Council members at this meeting. Ms. Hayes addressed the City's request for a budget reduction of 10% in terms of the impact it could have on services provided if, for example, the publicity or equipment budgets were decreased; and made the observation that, due to budget cuts in the past, the Human Development Council staff was already working on a 4/5 time basis. With regard to the $8,000 rental expenditure, Ms. Hayes advised that the Human Development Council did not actually pay this amount to the City but rather that it was part of the $47,000 budget request. On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the presentation on behalf of the Human Development Council of its 1998 budget proposal be referred to the City Manager for consideration in the budget process. Members of the Human Development Council delegation responded to questions in the above regard, and the Mayor thanked them for their presentation. Question being taken, the motion was carried. 11. Letters Re Property Tax Rate Increase On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letters from Lawson & Creamer, Shamrock Truss & Components Limited Partnership and Spencer Investments Ltd. regarding the issue of a property tax rate increase -- be received and filed and considered in the budget process. Question being taken, the motion was carried. 12. Forest Hills Elementary Home And School Association - Library Services On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the letter from the Forest Hills Elementary Home and School Association urging Council to make every effort in the upcoming budget discussions to avoid further cuts to the library services in this City -- be referred for consideration in the budget process. Question being taken, the motion was carried. 86-741 COMMON COUNCIL DECEMBER 1, 1997 5. Human Resources Department 1998 OperatinQ BudQet Proposal Consideration was given to a letter from the City Manager submitting the Department of Human Resources' 1998 budget proposal, an overview of which would be presented at this meeting. Mr. Groody, through a computerized presentation, highlighted the Department of Human Resources' 1998 budget proposal, the 1998 proposed budget with current service being $712,600 and $628,200 with a 10% reduction, and outlined the primary responsibilities carried out by the Human Resources staff of eight with a 1997 budget of $697,940, categorizing them into six broad functional areas as follows: human resources planning and organizational development, personnel administration support, occupational health and safety, collective bargaining and employment relations, staffing - recruitment and selection, and employee training and education, as well as in a number of activities beyond personnel management and industrial relations responsibilities. Addressing the 10% reduction in funding levels, Mr. Groody advised that program cuts of $84,400 from 1998 projections would result in a net 10% reduction from 1997 or $69,740 on the 1997 Human Resources budget; and apprised Council of the following areas in which cuts could be made: (1) long service reduction - $4,900; (2) grievance arbitration - $6,700; (3) industrial relations research - $7,600; (4) HR administration - $5,300; (5) Human Resources general - $9,100; (6) management development - $8,600; (7) leadership development - $30,500; (8) training, clerical/technical $3,400; (9) training, outside workers - $5,200; and (10) basic skills development - $3,100. Mr. Groody expressed concern about reductions in the commitment to employee development which, under the above scenario, would mean an overall reduction of $48,600 or 36.4% of the current funding level for training in view of the implications for front-line service at a time when service requirements demand that the City continue or even increase commitment to developing new and different knowledge and skills in employees. Mr. Groody responded to questions in the above regard. On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the Department of Human Resources' 1998 budget proposal be referred to the budget process. Question being taken, the motion was carried. 6. Re Issue Of Speakeasy On Horsfield Street Consideration was given to a report from the City Manager dealing only with the issue of the Noise By-Law further to Council's consideration on October 20 of a letter from Councillor Waldschutz respecting a purported speakeasy being operated at 27 Horsfield Street which questioned the legality of the operation of the after-hours bar as well as applicability and enforcement of the City's Noise By-Law; advising that Building and Technical Services staff, while having received no complaints to date in this regard and acknowledging the ineffectiveness of the current Noise By-Law, has undertaken a review of the Noise By-Laws of other Canadian municipalities and subsequently drafted what is termed as a quantitative noise by-law, a copy of which is submitted, and will continue, in conjunction with the Legal Department, to pursue the possibility of establishing a quantitative noise by-law and, should changes be required to the Municipalities or Clean Environment Acts, resolutions recommending changes would be sent to the Cities of New Brunswick Association. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the above report from the City Manager be received and filed. 86-742 COMMON COUNCIL DECEMBER 1, 1997 During discussion Mr. Nugent advised that it is hoped that the circumstances in question would give rise to a test case of whether or not a municipality in the Province has the authority to adopt and enforce a by-law such as the City has and, if the answer to that were yes, it would also serve as a test as to whether or not it was practicable to enforce a by-law of this sort and that, in large measure, would depend upon the evidence available which would be largely of those people who have been aggrieved by the commotion that has been going on, thus he would not want Council to be of the view that an effort was going to continue to produce a quantitative by-law because it may not be a very prudent way to proceed if, by going that route and possibly getting involved with purchasing equipment and having people certified in its operation, it were then found out that it was unenforceable; and Acting Chief Cogswell advised that the Police Force had closed down the operation on Horsfield Street for the sixth time and there were liquor control and criminal charges pending. Question being taken, the motion was carried. 7. Re Fundy Region Solid Waste Commission's 1998 Capital And OperatinQ BudQets Read a report from the City Manager advising that staff, as part of the review of the Fundy Region Solid Waste Commission's 1998 Capital and Operating Budgets referred to the City Manager at Council's November 24 meeting, a meeting was held with the Commission's accountant Coopers and Lybrand at which Mr. Beckett and Councillor Brown were in attendance, and apprising Council of the specific points discussed at this meeting; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council authorize its representative on the Fundy Region Solid Waste Commission to support the 1998 Operating and Capital Budgets dated November 14, 1997, and request that a full life cycle costing of the landfill operation be completed prior to submission of the 1999 Operating and Capital Budgets. Mr. Beckett, in response to Councillor Vincent, commented on the request for a full life cycle costing of the landfill operation in that a second-generation landfill brought with it a different type of demand on the overall finances than would a traditional landfill site in that there would be a significant ongoing capital requirement in terms of the cost to construct new cells and in the final capping and cover of the landfill site; advised that part of the reason for this request was to determine the amount of the tipping cost for years 2, 3, 4 and 5 and further, as well as to ensure that the money collected now would be sufficient to look after the long-terms of the site; and expressed the understanding that the fee for Gemtec to operate the site until such time as the Commission determined the staffing level required to operate it, while not specifically shown in the budget, was provided for in it, although a request would have to be made to the Commission to get the amount concerned. Question being taken, the motion was carried with Councillor Vincent voting "nay". 7 A. Listing Agreement With Realty World - Today's Realty Read a report from the City Manager submitting as Table A the listing of properties with Clarence Blois and Theo Gagnon of Realty World - Today's Realty (the Listing Agents), as authorized by Council on March 24, and as Table B a number of offers presented to the City by the Listing Agents for consideration during the initial term of the agreement; advising that, although the process has been beneficial for the City and the Listing Agents, it also has a number of drawbacks which staff feels can be remedied by modifying the terms of the Listing Agreement; and recommending that Common Council renew for a period of 90 days commencing on October 13, 1997 its Listing Agreement with Clarence Blois and Theo Gagnon of Realty World - Today's Realty subject to the amendments as stated. 86-743 COMMON COUNCIL DECEMBER 1, 1997 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council renew for a period of 90 days commencing on October 13, 1997 its Listing Agreement with Clarence Blois and Theo Gagnon of Realty World - Today's Realty subject to the following amendments: (A) Clause 3 be amended to read as follows: "Unless otherwise provided for in the Council Resolution authorizing the sale of land, the Seller agrees to pay a commission of eight per cent (8%) of the sale price (before HST) or eight hundred dollars, whichever is more, upon the successful completion of sale initiated during the term of this agreement or subsequent renewal. Commissions are payable on the closing of sale of properties listed in Schedule 'A'. The selling price is subject to HST, where applicable. No other compensation will be paid by the 'Seller'."; (B) Clause 16 be amended by adding: "No offer of purchase will be considered by the Seller unless the Agreement of Purchase and Sale, as submitted to the Seller, contains an original signature from the prospective Buyer; that the period for which the offer is open to acceptance shall be not less than 30 days; and that the closing date be on or before 90 days after the Resolution of Common Council accepting the offer of the prospective 'Buyer'."; (C) Clause 17 be amended to read as follows: "Offers of Purchase and Sale must be accompanied by an eight per cent deposit or eight hundred dollars, whichever is more, to be held by the Listing Agents, in trust, until the offer has been accepted by the Seller. If the offer is accepted, the deposit or portions thereof will be the listing Agents' commission upon the successful completion of the sale, otherwise, the deposit must be returned to the buyer. "; (D) Clause 19 be deleted; and (E) all other clauses in the original Listing Agreement remain generally the same; and that the Mayor and Common Clerk be authorized to execute the required documentation. Question being taken, the motion was carried. *7B. Criteria For ConductinQ Plebiscite Consideration was given to a report from the City Manager describing the criteria for conducting a plebiscite, identifying assumptions upon which ward options are based and options for a ward (or hybrid ward/'at large' system) of municipal election, and offering sample questions to illustrate the plebiscite for each option; advising that, as the exact wording of the plebiscite question that is to be the subject of the plebiscite must be approved by the Municipal Electoral Officer, detailed discussions in this regard would occur when Council has determined which option would be the basis for the question, following which a concluding report, including the final wording of the question, would then be prepared for Common Council and also serve as the document required prior to advertising, pursuant to the Municipalities Act; and recommending that Common Council select one of the four options for election of municipal councillors and initiate the process to submit the question that will be the subject of the plebiscite. A motion was proposed by Councillor Knibb, and not seconded, that Council adopt option 4 in the City Manager's report for three wards, two councillors per ward and four councillors at large. Councillor Trites proposed a motion, which was not seconded, for four wards, two councillors per ward and two councillors at large, and noted that this was not one of the options put forth by the City Manager in the above report. The Mayor asked if a Council member wished to make a motion on one of the options in the City Manager's report; and Councillor Trites suggested that, as it could take some time to decide on the numbers and combinations in that it would be unlikely that more than two or three of the Council members would favour anyone of the numerous options in the report or otherwise, this issue could be the subject of a meeting of its own. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that the above matter be laid on the table for a public session at a later time. 86-744 COMMON COUNCIL DECEMBER 1, 1997 The initial motion proposed was that Council table this issue and call a special open meeting of Council to deal with just this issue. Deputy Mayor Chase asked if it would be a formal or Committee of the Whole meeting to which Councillor Trites suggested that, as it would be a public meeting, that could be determined when Council met. The Mayor suggested that the motion should refer to a public, not a special, meeting of Council to deal with this issue; and called for the question on the motion as above. Question being taken, the tabling motion was carried with Councillor Brown voting "nay". 8. Municipal Plan Amendment And Re-ZoninQ 785 Loch Lomond Road Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation concerning the submitted application of Mr. John H. Johnson of Johnson Engineered Solutions Limited, with regard to property at 785 Loch Lomond Road, have been completed and the date for objections expired on November 26, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. John H. Johnson of Johnson Engineered Solutions Limited for a Municipal Plan amendment and re-zoning of 785 (also known as 787-791) Loch Lomond 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, January 19, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 9. Zoning By-Law Amendment To Re-Zone 2117 Loch Lomond Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-451 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning approximately 0.4 hectares (1 acre) of land situated at 2117 Loch Lomond Road, being the southern portion of NBGIC Number 55081756, from "RS-1" One- and Two-Family Suburban Residential to "RS-1M" One- and Two-Family and Mobile Home Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to a condition requiring the construction of a one- family dwelling on the site by January 1, 2008. The by-law entitled, "By-Law Number C.P. 100-451 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. 10. Schedule Of Council MeetinQs On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Common Clerk submitting a proposed schedule of Common Council meetings to the end of February 1998 -- be received and filed and Council endorse the proposed 86-745 COMMON COUNCIL DECEMBER 1, 1997 schedule. Question being taken, the motion was carried. 13. Loyalist Days Inc. 1998 BudQet Request On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Loyalist Days Inc. to Mayor McAlary asking that its financial statement for 1997 and its plans to date for 1998 be forwarded to the City Manager for budget deliberations -- be referred to the budget discussion. Question being taken, the motion was carried. 14. Dennis Boyle - Application To Re-Zone 339-341 Lancaster Avenue On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Dennis Boyle for the re-zoning of 339-341 Lancaster Avenue be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, January 19, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that this meeting be adjourned and a Committee of the Whole meeting be held. Question being taken, the motion was carried. Common Clerk