1997-12-15_Minutes
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COMMON COUNCIL
DECEMBER 15,1997
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifteenth day of December, 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; A.
Beckett, 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; P. Woods, Deputy Commissioner of
Finance; J. Baird, Manager of Community Planning; G. Yeomans,
Manager of Accounting Services; W. Edwards, Building
Inspector; D. Logan, Purchasing Agent; E. LeBlanc, Insurance
Coordinator; G. Tait, Fire Chief; C. Cogswell, Acting Chief of
Police; Mrs. C. Graham, Financial Analyst; 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 Michael Trites
of Edith Avenue United Baptist Church offered the opening prayer.
2. Approval of Minutes
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that minutes of the
meeting of Common Council, held on December 8, 1997, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor McAlary extended condolences to the family of Mr. James Barry,
a fire fighter for the City of Saint John from 1950 to 1981, who passed away on
December 12.
(Councillor Vincent entered the meeting.)
The Mayor commented on the status of Council's budget discussions,
and noted the intent, depending on the time, to have some discussion in Committee of
the Whole later this date.
4. Tender For Vacuum Trucks
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, the tender of Melanson's Waste Management Ltd. be accepted for
the supply of vacuum trucks, as required, for a period of one year from the date of
award by Council, at the prices as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
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5. 1998 Insurance
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that as recommended by the
City Manager, Council accept the insurance package for the 1998 term offered by
Frank Cowan Company Limited and approve payments as follows: Frank Cowan
Company Limited - $695,393; and Huestis Insurance Limited - $39,500, for a total of
$734,893.
Mr. LeBlanc advised that he could make available to Council a list of the
thirteen insurance companies to which the Cowan Company offered the City's account.
Question being taken, the motion was carried.
6. Easement Renewals
Saint John Port Corporation
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that as recommended by
the City Manager, Common Council approve the extension of the following leases and
easements with the Saint John Port Corporation: (1) Lease #188 Courtenay Bay
Causeway, for one year effective January 1, 1998, at an annual rent of $300 plus
taxes; (2) Lease #192 Courtenay Bay Causeway, for one year effective January 1,
1998, at an annual rent of $2,000 plus taxes; (3) Lease #222 Lower Cove Loop, for one
year effective January 1, 1998 at an annual rent of $300 plus taxes; and (4) Lease
#223 Rodney Terminal, for three years effective July 1, 1996, at an annual rent of
$2,360 plus tax; and the Mayor and Common Clerk be authorized to execute the
documents relating to the above renewals.
Question being taken, the motion was carried.
7. AcknowledQements
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
City Manager acknowledging the excellent job done by members of the Saint John
Police Force during a recent hostage-taking situation in the North End of the City, as
well as the contribution made to the community by Director of Engineering Stuart
Armstrong, whose pending retirement was announced last week -- be received and
filed and Council add its commendation to the Police Force and Mr. Armstrong.
The Mayor acknowledged the value of Mr. Armstrong's work for the City
of Saint John over the past twenty-six years.
Question being taken, the motion was carried.
8. Year 2000 Or Millennium "BuQ"
Consideration was given to a report from the City Manager commenting
on the issue of the Year 2000 or the Millennium "Bug" and the urgency of dealing with
this issue in order to ensure that the City's computer systems are functioning on
January 1, 2000, as well as on the following three phases to the resolution of this
problem:- (1) awareness - the City in 1995 having become aware that the financial
software, Local Government Financial System (LGFS) did not address the Year 2000
"bug"; (2) assessment - an Information Technology (IT) Strategic Plan having been
completed in 1997 which assessed the current computer technology and identified any
areas to be addressed; and (3) implementation - the City having to implement solutions
to deal with the hardware and software in 1998. The report advises of the two
directions reviewed in a response to deal with the Year 2000 for the financial software,
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one being the installation of a new Financial Management Information System (FMIS)
that would be Year 2000 compliant, the second being to upgrade the current financial
software to address the Year 2000; and also advises that, as the time frame required to
properly install a new FMIS cannot be comprehensively addressed prior to the Year
2000, an upgrade to the existing system would be required. The report addresses the
issue of the conversion and upgrade of the existing system; provides a breakdown of
the total conversion cost of $250,000; and submits a recommendation in this regard.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, Common Council authorize the purchase of software and services from
America Management Systems to convert LGFS to Advantage Financial 2.0.
Mr. Beckett commented in terms of the Year 2000 issue being one faced
by computers in general, although the above report centres on the City's Financial
Management System in view of the serious implications when looking at things like
receivable billings, payables and accruals, and different historical data kept in the
Financial Management System; and noted the estimated $250,000 cost associated with
this to the City, using its own in-house resources and assistance with the programming
of the system that, in conjunction with this, it would be a requirement that any new
software or hardware, prior to being brought into the organization, would be Year 2000
compliant. During discussion Councillor Brown expressed the view that the City's
information technology needed to be evaluated by an independent review before being
updated, and that the City should be taking the time to evaluate the systems it has
utilizing people in the market who have the experience in the outside world, and
questioned the possibility of out-sourcing some of the services for which the City uses
computer equipment, as well as some of the management of those services. Councillor
Gould asked if the City was taking steps to ensure that what was bought now would be
standard equipment ten or twenty years from now, to which Mr. Beckett replied based
on the two different issues of hardware and software and the direction identified in the
IT Strategy to ensure that hardware purchased would be compliant with where the
industry as a whole was going and to look at software packages readily available on
the market, not in-house solutions or requiring a lot of in-house expertise in terms of
support of those systems. Councillor Arthurs, in referencing Councillor Brown's
comments and Mr. Beckett's suggestion of a teach-in on the findings of the Information
Technology Strategy, asked if, in the event the above motion were not passed, there
would be an opportunity for Mr. Beckett to provide additional information to Council in
this regard, and Mr. Beckett confirmed that the recommendation before Council at this
time needed to be addressed as soon as possible, and that he would welcome the
opportunity to participate with staff in a teach-in in January.
Question being taken, the motion was carried with Councillors Arthurs,
Brown and Gould voting "nay".
9. Reclassification And
Rewritten Job Descriptions
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from the City
Manager advising that, while many of the requests in Councillor Arthurs' letter to
Council on December 8 have budget significance, he simply was not able to let many of
the comments stand without being clarified; and, in order to set the record straight with
respect to comments and requests therein, addressing each item specifically; and
concluding that he has the greatest of confidence in the skill sets, talents, work ethic
and the commitment of the managers to Council, to the organization and to the
community -- be received and filed and Council affirm its support of senior management
of the City.
During discussion Councillor Brown advised that he could not vote in
support of the above motion because affirming the confidence in all senior
management should be done through job evaluation and, in response to the Mayor's
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observation that the motion should be to receive and file, Councillor Knibb expressed
the view that it was important for Council to express confidence in the City Manager.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
10. Restructuring Option
Saint John Police Force
Consideration was given to a report from the City Manager submitting a
restructuring option for the Saint John Police Force further to a recommendation in the
Perivale + Taylor report that the profile of the work force be reviewed to assess the
opportunity to change its composition by offering early retirement incentives combined
with a strategic hiring program, and a matter which could relate to this restructuring
being the recent decision regarding officers of the Ports Canada Police, the latter on
which he was submitting a copy of a letter and an accompanying "offer" resulting from
negotiations conducted by Councillor Knibb and the City Manager; commenting on
considerations relevant to collective agreement issues, an early retirement policy which
seeks to expedite change in the composition of the Police workforce, cost and savings
and other considerations with respect to expedited attrition, and noting an alternative
option through change with normal attrition; and submitting a recommendation for
Council's consideration.
On motion of Councillor Knibb
Seconded by Deputy Mayor Chase
RESOLVED that as recommended by
the City Manager, Council: (1) approve the Policy entitled, "Early Retirement (Police)
Option, as submitted, with Option "D" and a limit of 12 retirements under this Policy,
effective January 1, 1998; (2) authorize the hiring of four (4) officers from the Saint
John Detachment of the Ports Canada Police, to be effective January 1, 1998, in
accordance with the offer put forward by the Saint John Port Corporation, conditional
upon and satisfying the qualifications under the New Brunswick Police Act and
Regulations; and (3) with consultation between the City Manager and the Chief of
Police, direct that the City's Department of Human Resources provide the resources
and expertise to administer the retirement process in support of the Saint John Police
Force.
Councillor Waldschutz requested that the above recommendation be
divided so as to consider (a) and (c) together and (b) separately, and Councillor
Fitzpatrick offered to second a motion to split the recommendation. The Mayor, having
received the City Manager's response to the request to the effect that staff's
recommendation would be for all three to proceed and that staff would not want to see
an early retirement put forth and for some reason the City of Saint John not accept the
Saint John Port Corporation's offer and the subsequent engagement of officers of that
Force, ruled on Councillor Waldschutz's request to the effect that the recommendation
should be considered as one. Councillor Waldschutz advised that, while he would like
to vote for portions (a) and (c) as this was a recommendation in the Perivale + Taylor
report, he did not agree with (b) and thus would be voting against the whole thing; and
suggested that Council should concentrate on how much the City should spend on
implementing this particular facet of the strategic plan for the Saint John Police Force,
rather than a package deal involving other things. Councillor Gould expressed the view
that the issue with the Ports Canada Police was a case of down-loading by Ports
Canada on to the City of Saint John and this was wrong; and advised that he found it
hard to vote on this three-headed motion as he could support parts of it while other
parts he could not support, being in favour of offering to the Saint John Police officers
an opportunity to participate in an early retirement package as was offered to other City
employees.
Question being taken, the motion was carried with Councillors Gould and
Waldschutz voting "nay".
11. Letter Of Agreement With CUPE
Local 61 Re Port Police Force
Consideration was given to a report from the City Manager submitting for
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Council's authorization, in conjunction with the possible employment of members of the
Port Police Force, a proposed Letter of Agreement with CUPE Local 61.
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that as recommended by
the City Manager, Council authorize the submitted Letter of Agreement with the Saint
John Police Protective Association, Local No. 61, C.U.P.E., with regard to Ports
Canada Police Officers.
Question being taken, the motion was carried.
12. Council Procedure - Council
Members AddressinQ Council
Consideration was given to a report from the City Solicitor submitting,
further to Councillor Fitzpatrick's letter at the last meeting with regard to Council's rules
of order, a memo to file prepared as a result of Councillor Fitzpatrick asking him a
question concerning Council procedure relevant to members addressing Council; and
making the observation that it is within Council's jurisdiction to establish the rules
governing its own procedure.
On motion of Councillor Fitzpatrick
Seconded by Councillor Trites
RESOLVED that the final sentence in
subsection Section 13(3) of the Council Procedural By-Law be amended to read as
follows: "Common Council members are not entitled to speak more than once on a
subject with the exception, however, that the mover of a substantive motion is allowed
to reply at the conclusion of the debate.".
Councillor Knibb spoke against the motion as, in his opinion, the
flexibility Council has had in the past was reasonable and the Chair has behaved very
well and there was no crisis in the current arrangement around the table. Councillor
Waldschutz advised that he could not support the motion as debate involved give-and-
take discussion which would imply response to whatever somebody else has said and
he was satisfied that the Chair could regulate matters adequately. Councillor Vincent
expressed concern that, with the procedure proposed, a Council member who has
spoken on a motion and, as a result of hearing someone else speak, decided to
change the manner in which he would vote would not have a chance to clarify his
change of position, and advised that the main reason he could not support the motion
was that he believed Council has to be afforded the opportunity for full dialogue on the
issues and, collectively or individually, should not be stymied in any way to fully discuss
in public the matters Council has to address. Deputy Mayor Chase spoke against the
motion for the reason that it would not address what he considered to be some of the
fundamental issues of the structure of governance that the City has. Councillor Gould
expressed the view that Council did not need legislation to control the number of times
a Council member could speak, but rather a commitment from all the Councillors to be
guided by good parliamentary procedure. Councillor Ball advised his intent not to
support the motion, and the Mayor advised that she had no problem with Council
speaking once or twice on a motion, nor did she feel that anyone member of Council
dominated the meetings.
Question being taken, the motion was lost with the Mayor, Deputy Mayor
Chase and Councillors Arthurs, Ball, Brown, Gould, Knibb, Trites, Vincent and
Waldschutz voting "nay".
(Councillor Vincent withdrew from the meeting.)
13. Municipal Plan Amendment
Part Two And Part Nine
Read a letter from the Common Clerk advising that, following the
procedure for amendments to the Municipal Plan, the necessary advertising and public
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presentation have been completed with respect to the City of Saint John's submitted
request to delete the existing Part Two and Part Nine and adopt a new Part Two and
Part Nine, and the date for written objections expired on December 10, with a letter of
concern having been received from Bob James and Barbara Monroe about the
possibility that the updated Plan would not be followed.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the proposed Municipal
Plan amendment to delete the existing Part Two - Land Use and Part Nine -
Implementation and adopt a new Part Two - Land Use and Part Nine - Implementation
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, February 2, 1998, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
14(a) Municipal Plan Amendment And
(b) Re-ZoninQ 115-123 Hazen Street
14{a)
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled, "A
Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the
Future Land Use Plan, a parcel of land located at 115-123 Hazen Street (NBGIC
Numbers 15412, 15420, 15156,55119689 and 55119697), having a frontage of
approximately 128 feet on Hazen Street, a frontage of approximately 225 feet on
Charles Street, and a total area of approximately 34,300 square feet, from Major
Institutional to District Centre Commercial classification, be read a third time and the
Common Corporate Seal be affixed thereto.
The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was
read in its entirety.
Question being taken, the motion was carried.
14{b)
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-452 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 115-123 Hazen
Street (NBGIC Numbers 15412, 15420, 15156,55119689 and 55119697), having a
frontage of approximately 128 feet on Hazen Street, a frontage of approximately 225
feet on Charles Street, and a total area of approximately 34,300 square feet, from "RM-
IF" Multiple Residentiallnfill 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. 100-452 A Law To Amend
The Zoning By-Law Of The City Of Saint John".
Question being taken, the motion was carried.
15. Zoning By-Law Amendment To
Re-Zone 1099 Kennebecasis Drive
On motion of Councillor Knibb
Seconded by Councillor Trites
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RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-453 A Law To Amend The Zoning By-Law Of The City of Saint
John", insofar as it concerns re-zoning approximately 2.91 hectares (7.2 acres) of land
at 1099 Kennebecasis Drive (NBGIC Numbers 49460 and 55005565), having 115
metres (377 feet) of street frontage along the northwest side of Kennebecasis Drive,
from "RS-2" One- and Two-Family Suburban Residential to "US" Utility and Service
classification for the front portion of the property and "P" Park classification for the rear
portion of the property, be read a third time and enacted and the Common Corporate
Seal be affixed thereto.
The by-law entitled, "By-Law Number C.P. 100-453 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.
16. Zoning By-Law Amendment To
Re-Zone 661 ManawaQonish Road
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that the by-law entitled, "By-
Law Number C.P. 100-454 A Law To Amend The Zoning By-Law Of The City Of Saint
John", insofar as it concerns re-zoning approximately 484 square metres (5,210 square
feet) of land situated at 661 Manawagonish Road, being at the intersection of Orange
Street West and Manawagonish Road and also identified as the northern portion of
NBGIC Number 33068, from "R-2" One- and Two-Family Residential to "B-2" General
Business classification, be read a third time and enacted and the Common Corporate
Seal be affixed thereto:
AND FURTHER that pursuant to Section 39 of the Community Planning
Act, the said re-zoning be subject to the following conditions:- (1) the site to be
developed in accordance with a detailed site plan, subject to the approval of the
Development Officer, indicating an asphalt parking area with poured-in-place concrete
curbing and required landscaping between the parking area and adjacent residential
property; (b) a drainage plan be submitted for the approval of the Chief City Engineer
indicating the method of facilitating proper drainage of the site; (c) no building permit for
the change in use to be endorsed by the Development Officer until the plans mentioned
in (a) and (b) have been approved; and (d) the site improvements indicated in the plans
must be completed within one year of the building permit approval.
The by-law entitled, "By-Law Number C.P. 100-454 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.
17. 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 Monday, December 8, 1997, when
there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase,
Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz, and your Committee submits
the following recommendations, namely:-
1. That as recommended by the City Manager, Common Council authorize
the sublease of 3,200 square foot +/- portion of the 15th floor of 15 Market Square, as
generally illustrated on the attached plan, to The Night Shift Answering Service Ltd.
(hereafter referred to as the Sublessee) as per the following terms and conditions:
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1. The term of the sublease commence on January 16, 1998 and shall
expire on April 29, 2006;
2 The annual rent for 1998 shall be $24,000 plus applicable taxes; that the
annual rent for 1999 shall be $31,200 plus applicable taxes; that the rent for year 2000
and every year thereafter shall be $38,400 plus applicable taxes per annum;
3. The Sublessor shall provide heat, lights, air conditioning and other
general electrical needs; the cleaning of the common corridors; the stocking of the
common washrooms; maintenance of lights and the resetting of breakers; insurance,
except where noted; proportionate share of property taxes; general building
maintenance and operations to today's standards, as provided to the Sublessor by the
Owners; two parking spaces in the adjacent garage (one of which is to be available
upon execution of this sublease and the other, one year thereafter);
4. The annual rent be paid in 12 equal monthly payments due on the first
day of each month;
5. With the approval of the Owners, the Sublessor shall undertake the
proposed improvements to the Premises which are: the demolition of old walls; erection
of new walls and interior doorways; glass exterior door with side light; new wall finishing
(primed with two coats of finished paint); insulation between the demising walls, where
applicable; insulation between the walls of the manager's office, where applicable;
subject to air flow requirements, the walls of the manager's office are to be extended to
the ceiling slab; new window treatments (PVC vertical blinds); new commercial
carpeting (28 oz. per sq. yd.); existing ceiling is to be repaired; kitchenette area with
counter, sink and cupboards; a washroom with one sink, one toilet facility and proper
ventilation; a storage room with shelves and counter area; redistribution of general
electrical and lighting requirements as per the floor plan; rearrangement of the air
conditioning and ventilation systems, where practical; door bell for the main door;
window with blinds in the interior wall of the office next to the call centre area; and that
the colour/patterns of wall, floor and window finishings and treatments are to be
mutually agreed upon;
6. Due to configuration of the Premises relative to the existing heating,
electrical, ventilation and air conditioning systems, it is understood by the Sublessee
that the control of air conditioning within the Premises is limited. The Sublessor will
endeavour to make the Premises as comfortable as possible by rearranging the interior
ceiling apparatuses as well as installing dampers or other devices on existing ceiling
apparatuses to regulate flows, if required;
7. The Sublessee will be responsible for: any special electrical or air
conditioning needs required for its computers; the cost of cleaning the Premises
including the washroom therein; and parking beyond what has been provided herein;
8. The intended use of the Premises is for an office/call centre which may
operate seven day a week, twenty four hours per day. A change in use must be
approved by the Sublessor;
9. The Sublease shall not be assignable by the Sublessee;
10. The Sublessor reserves the right from time to time to relocate the
Sublessee's designated parking space(s) within or on the subject parking structure;
11. If the Sublessee elects, it can piggy back on the Sublessor's annual
office cleaning tender and contract. Notification of such an election must be provided
to the Sublessor on or before January 31 st of each year (or as indicated by the
Manager of Real Estate and Facility Management). All costs associated with the
cleaning of the Premises will be in addition to the annual rent and billed accordingly.
The Sublessor will make no warranty to the Sublessee with respect to the performance
or actions of the cleaning contractor(s);
12. Notwithstanding any existing negotiations, the Sublessor shall give the
Sublessee a first-right-of refusal for the remaining vacant office space on the 15th floor
currently under the control of the Sublessor. On receipt of a Bonafide Offer to
sublease, the Sublessor shall be provided written notification of the existence of the
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Offer and give the Sublessee seven (7) days to respond to the Sublessor of its
intention to exercise its option. The terms of the rent shall be the greater of Bonafide
Offer or twelve (12) dollars per square foot (as per the terms and condition noted
herein). The first-right-of-refusal shall terminate on December 31, 2001;
13. Prior to the execution of the sublease, the Sublessee shall obtain and
provide to the Sublessor proof of issuance of a liability insurance policy of an amount
not less than two ($2) million dollar; that the Sublessor and building's Owners are co-
named in this policy; and that this policy be maintained during the term of the sublease;
14. Failure to pay rent, or maintain liability insurance, or observe the
Sublessors obligation to the Owner as noted herein, or failure to abide by all applicable
municipal, provincial or federal codes, laws, regulations or by-laws shall constitute
ground to terminate this sublease;
15. During the period of renovations contemplated between December 12,
1997 and January 16, 1998, the Sublessor shall make available to the Sublessee
temporary space on the 12th floor under the terms and conditions of the existing
sublease as approved by Common Council on November 3, 1997. The Sublessee will
arrange to pay for all costs associated with such a move;
16. A deposit equal to four thousand ($4,000) dollars plus HST is to be
provided prior to the execution of this agreement and shall be applied to first and last
months rent;
17. The Sublease Agreement will be subject to clauses 7(d) through to 7(p),
8 (a), 11(c) (iii), 12, 13, 15,26, and 27 and the thereto attached "Rules and Regulations
Forming Part of the Within Lease" of the Head Lease between the Owners and the City
of Saint John, dated April 15, 1969 and as filed in the Saint John County Registry
Office as document number 219874;
18. It is acknowledged that 15 Market Square is serviced by two electrical
entrances and that a single feed is supplied to the breakers on the 15th floor; and
19. The Sublease Agreement shall contain the terms and conditions of this
offer and will be drawn up in a form satisfactory to both the Sublessee and the
Sublessor and is subject to the approval of Common Council and the consent of the
Owner:
AND FURTHER that as recommended by the City Manager, a
commission be paid in accordance to the terms set out in Listing Agreement with Dave
Maxwell and Dave O'Brien; that Common Council authorize the necessary expenditure
of funds required to renovate the Premises as proposed herein; and that the Mayor and
Common Clerk be authorized to execute the necessary documentation.
2. That Mr. Keith Taylor of Perivale + Taylor be engaged to facilitate the
process of selecting a board of police commissioners and the advertising for a chief of
police:
AND FURTHER that Mr. Taylor be asked to submit an estimate of the
cost to facilitate the above processes.
December 15, 1997,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
17.1. Sub-Lease To The Night
Shift AnswerinQ Service Ltd.
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that section 1 of the above
report be adopted.
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Question being taken, the motion was carried.
17.2. Facilitation Of Processes To Select
Police Commissioners & Chief Of Police
On motion of Councillor Knibb
Seconded by Councillor Ball
RESOLVED that section 2 of the above report
be adopted.
Mr. Totten advised that he received a facsimile from Mr. Taylor earlier
this date in which he put the engagement forth as a continuation of his contract, and
the Mayor expressed the understanding that he would be charging the City for six days
per month at the same usual rate at $600 a day. Councillor Fitzpatrick advised that,
before voting on the above motion, he would like to know the estimated cost to do the
job.
(Councillor Arthurs withdrew from and Councillor Vincent re-entered the
meeting.)
Question being taken, the motion was carried with Councillor Fitzpatrick
voting "nay".
(Councillor Arthurs re-entered the meeting.)
18. Saint John Industrial Parks Ltd.
RealiQnment Of Mcilveen Drive
Consideration was given to a letter from Councillor Trites, President of
Saint John Industrial Parks Ltd., advising that, further to Council's approval on April 14,
1997 of a $400,000 Capital Budget for the Industrial Parks which included a $75,000
allotment to commence the Mcilveen Drive realignment project for which the overall
cost is estimated at $300,000, the engineering design for the street realignment is now
completed and the Works Department has indicated that only site grading and common
excavation work can be undertaken this winter at an estimated cost of $42,000,
representing about 14% of the estimated project cost, and requesting authorization of a
work order in this regard.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that Common Council
authorize the issuance of a work order in the amount of $42,000 to the Works
Department to undertake the required site grading and common excavation work as
part of the first phase of the Mcilveen Drive realignment project in McAllister Industrial
Park.
Question being taken, the motion was carried.
19. Saint John Industrial Parks Ltd.
Power Reliability Improvement
Project - Grandview Industrial Park
Consideration was given to a letter from Councillor Trites, President of
Saint John Industrial Parks Ltd., advising that, further to Council's instruction on
January 20 to Saint John Energy to address the power reliability problem in Grandview
Park, Saint John Energy has initiated the project and has requested payment of the
proposed contribution of $75,000 plus HST; however, City staff and Saint John
Industrial Parks Ltd., at the time of allocating support for this power upgrade project,
suggested a lump-sum contribution with no consideration given to the HST implications
of the proposed contributions; also advising that there exists an opportunity to negate
the HST impact in that industrial parks are considered to be a commercial venture and
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DECEMBER 15,1997
are eligible for full HST input tax credits (rebates), which means that, if Saint John
Industrial Parks Ltd. paid the invoice, it could claim back all HST paid which would save
the City $4,800; and submitting a recommendation in this regard.
On motion of Councillor Fitzpatrick
Seconded by Councillor Knibb
RESOLVED that Common Council
authorize the transfer of $75,000 from the Industrial Park Capital Budget to Saint John
Industrial Parks Ltd. for the explicit purpose of making payment to Saint John Energy
for work performed in Grandview Industrial Park (the HST portion of the bill to be paid
from the Company's reserved funds and later recovered on the Company's annual HST
return).
Question being taken, the motion was carried.
20. Williams Public Relations
& AdvertisinQ Re Tax Rate
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from Mr.
Christopher Williams, Principal of Williams Public Relations & Advertising, urging
Council to seriously consider all options before imposing higher residential and
commercial taxes -- be received and referred to the City Manager for budget
deliberations.
Question being taken, the motion was carried.
21. Garry Prosser Re
GarbaQe RecvclinQ
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Mr. Garry
Prosser expressing concern that there has been little mention of recycling now that the
new Crane Mountain landfill has opened, especially as the City is paying $57 a tonne
when 50% of household garbage could be recycled; and suggesting that any mention
made by Council would increase the awareness of recycling -- be referred to the
Environment Committee and the Fundy Region Solid Waste Commission.
Question being taken, the motion was carried.
22. Legislative Assistant For
John Herron, M.P. Fundy Royal
Re Council's Resolution On Quebec
On motion of Councillor Knibb
Seconded by Councillor Vincent
RESOLVED that the letter from Shelly
Russell-Lea, Legislative Assistant for John Herron, M.P. Fundy Royal, acknowledging
receipt of Council's resolution concerning the initiative of Quebec municipalities -- be
received and filed.
Question being taken, the motion was carried.
23. FCM - Call For Resolutions
On motion of Councillor Knibb
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DECEMBER 15,1997
Seconded by Councillor Waldschutz
RESOLVED that the memorandum
from the Federation of Canadian Municipalities calling for resolutions for consideration
by (a) the FCM National Board of Directors, March 1998, or (b) the FCM Annual
Conference, June 1998 -- be referred to the City Manager.
Question being taken, the motion was carried.
24. New Brunswick Police Association
Re Bill 3 - PolicinQ Services
On motion of Councillor Knibb
Seconded by Councillor Fitzpatrick
RESOLVED that the letter from the
New Brunswick Police Association expressing the view that Government legislation -
Bill 3 takes policing responsibilities away from municipalities and unilaterally assigns
costs without the democratic decision-making process of municipal representatives --
be referred to the City Manager and the City Solicitor.
Question being taken, the motion was carried.
25. Yolanda Lucas - 1998 Trade Show
On motion of Councillor Knibb
Seconded by Councillor Waldschutz
RESOLVED that the letter from
Yolanda Lucas advising that, following her trade show visit to Toronto, she recently
received the submitted information concerning a further trade show in January 1998
which could involve a joint promoter program at a low cost; and asking Council to refer
this opportunity to the proper department or commission -- be referred to the City
Manager.
Question being taken, the motion was carried.
26. Saint John Board of Trade
Request To Make Submission
On motion of Councillor Fitzpatrick
Seconded by Councillor Waldschutz
RESOLVED that the letter from the
Saint John Board of Trade requesting an opportunity, further to the Board's
presentation to Council on November 17 on the City's 1998 financial challenge, to
present its submission in Committee of the Whole on its further review of the budget
presentations prepared by each of the City's major departments -- be received and filed
and Council thank the Board of Trade but at the present time not entertain its request,
and also that Council request the Board of Trade to submit a written report detailing its
issues.
Councillor Brown expressed the opinion that the Board of Trade should
be heard as a written submission would be subject to interpretation which should be
given by the Board of Trade.
Question being taken, the motion was carried with Councillor Brown
voting "nay".
Adjournment
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that this meeting be adjourned
and a meeting of the Committee of the Whole of Council be held.
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DECEMBER 15,1997
Question being taken, the motion was carried.
Common Clerk