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1998-01-12_Minutes 86-793 COMMON COUNCIL JANUARY 12, 1998 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of January, A.D. 1998, at 4:00 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; A. Beckett, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Municipal Operations; W. Butler, Commissioner of Community Services; M. Jamer, Director of Water and Sewerage Services; W. Todd, Director of Public Safety Communications Centre; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; C. Cogswell, Acting Chief of Police; R. Simonds, Deputy Fire Chief; 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 Captain Rod Brantfrancis, Anglican Church Army, S1. James Anglican Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that minutes of the meeting of Common Council, held on January 5, 1998, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary extended condolences to the family and friends of the late Reverend A. David L. Bona who passed away on January 3, and noted that Father Bona had given the invocation at the Swearing In of the new Common Council members in May 1995. The Mayor expressed appreciation to the employees of Saint John Energy and City employees of Police, Fire, Parks, Works, the Public Safety Communications Centre, and the Emergency Measures Organization, as well as to the volunteers at the Millidgeville Community Centre and the Loch Lomond Villa Auditorium and to work crews from other areas, for their efforts, during and in the aftermath of the ice storm in the City; advised that staff has estimated a cost of well over $150,000 to remove fallen trees and tree limbs and prune damaged trees; and asked the citizens concerned to pile the debris they wish to have removed at the curb as soon as possible for pick-up by City crews over the next two weeks and that citizens not interfere with the crews by seeking fire wood. The Mayor also asked that, as there could be a danger in the public parks and squares from fallen trees, the public not enter City parks or cross any barricades as they may not be safe and to be careful when walking in public areas and along streets where trees could fall, and noted that all trails in Rockwood Park were closed until further notice, as was the Rockwood Park Interpretation Centre due to lack of power and water. Mayor McAlary proclaimed January 18 to January 24, 1998 as VON Week in the City of Saint John, and Mrs. Mary Narrowmore of the Victorian Order of Nurses addressed Council briefly regarding services provided by the VON and activities scheduled during the week. 4. MeetinQs With Saint John Area MLAs 86-794 COMMON COUNCIL JANUARY 12, 1998 Consideration was given to a letter from Mayor McAlary submitting a letter from The Honourable Jane Barry expressing agreement that Saint John Common Council and the Saint John Area MLAs should meet on a regular basis; and explaining that, having called The Honourable Mrs. Barry on January 2 to advise her of the proposed schedule for the selection of a board of police commissioners, various other upcoming issues were discussed and that the third Monday of each month at 8:00 a.m. was felt to be a good time for such meetings; thus, if this time were acceptable, January 19 at 8:00 a.m. would be the first meeting and the agenda for the meeting would be circulated on the Friday prior. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the Mayor be authorized to make arrangements for monthly meetings with the Saint John Area MLAs on an alternative-hosting basis, with the City hosting the first meeting and the Saint John Area MLAs hosting the second meeting. Councillor Waldschutz asked if peripheral MLAs and MLA Elizabeth Weir would be involved in such meetings to which the Mayor replied that, while the area MLAs would be involved, she would have to check with them to see if MLA Elizabeth Weir would be invited. Question being taken, the motion was carried. 5. Concerns For Future - 1998 BudQet Consideration was given to a letter from Councillor Ball commenting on the 1998 budget process and his concerns for the future. Councillor Ball commented on his view of a serious imbalance in the cuts proposed to date in the 1998 budget in that budget projections and the number of personnel assigned to protective services, administration and sport/athletic activities would overbalance the support for economic development, the arts and entertainment industry, and waterfront and tourism development. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the above letter from Councillor Ball be received and filed. Question being taken, the motion was carried. 6. Request For Proposal - Communications Services - Town Of Grand Bav-Westfield Consideration was given to a report from the City Manager advising that, further to Council's resolution of November 10, 1997 authorizing staff to submit a proposal to the Town of Grand Bay-Westfield to provide communications services for its police, fire and ambulance services, Town officials subsequently advised City staff of its intent to have the RCMP provide its policing service and requested the City to submit a proposal to provide communications for the fire and ambulance services only; giving reasons why the City should not respond to this request at this time; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, (1.1.) the City, through its Public Safety Communications Centre, continue to provide the current level of communication services for the Grand Bay Fire Department until March 31, 1998; (1.2.) the fee for this service for the period January 1, 1998 to March 31,1998 will be $2,000, payable in advance; and (2) the City and Town 86-795 COMMON COUNCIL JANUARY 12, 1998 of Grand Bay-Westfield continue discussions concerning the communications requirements for the fire and ambulance services, with such discussions to be concluded on or before February 28, 1998. Mr. Todd commented on the reasons why it was proposed that the City of Saint John not respond to the request of the Town of Grand Bay-Westfield for proposals to provide communications for its fire and ambulance services, the initial request of the Town having been for proposals to provide call taking, dispatching and associated services for its police, fire and ambulance services, noting that the Town's intent to have the RCMP provide its police service would have an effect on the provision of communication services for its fire and ambulance services in that all 911 calls would be directed to RCMP 'J' Division in Fredericton and, in the case of a situation requiring the fire or ambulance service, would be transferred to the dispatch function, and the Province's announcement of its decision to centralize the communications function for all ambulance services, other than those currently served by the Public Safety Communications Centre in that the impact of this decision on the Grand Bay-Westfield ambulance service was unclear. Question being taken, the motion was carried. 7. Traffic By-Law Amendment ParkinQ On BridQe Street On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the report from the City Manager advising of the Police Force's request for staff to examine restricting parking on the east side of Bridge Street, between Victoria Street and Spar Cove Road, where Bridge Street narrows noticeably at the top of a blind knoll which restricts two- way traffic movement on the Street, a problem which is made much worse during the winter months when snow banks reduce traffic to one lane; and recommending that Council give first and second reading to the submitted proposed Traffic By-Law and refer it to the Legal Department for appropriate action -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Bridge Street, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Bridge Street, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb 86-796 COMMON COUNCIL JANUARY 12, 1998 Seconded by Deputy Mayor Chase RESOLVED that the above-proposed Traffic By-Law amendment be referred to the Legal Department for appropriate action. Question being taken, the motion was carried. 8. Lease Of Space In St. Patrick Pedway For SiQn For New Brunswick Museum On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council approve the leasing of the wall space above the escalator in the St. Patrick pedway to the New Brunswick Museum for the purpose of installing and maintaining a sign on the following terms and conditions: (a) the lease be for five years with the provision for termination by either party on sixty (60) days notice; (b) the annual rent be $300 plus taxes payable on the yearly anniversary date of the commencement date of the lease; (c) the City to pay for electricity consumed by the sign; (d) should the rate for electrical power increase, the Manager of Real Estate and Facility Management may increase the annual rent by an amount the Manager deems reasonable; (e) the New Brunswick Museum to keep in force liability insurance of not less than $1,000,000 and the City to be named as a co-insured with respect to the sign; and (f) the City is to prepare the lease, and further that the Mayor and Common Clerk be authorized to sign all documentation with respect to this lease. Councillor Gould asked why the City of Saint John would pay for electricity consumed by the sign, and expressed the view that $300 was a pittance in this day and age. Question being taken, the motion was carried with Councillor Gould voting "nay". 9. Grievance Resolution Process - Local 61 Consideration was given to a report from the City Manager regarding the revamped grievance resolution process included in the new collective agreement between the City of Saint John and the Saint John Police Protective Association, Local 61, C.U.P.E., which introduced the concept of "Agent of the Employer", replacing the City Manager and the Common Council steps in the grievance process; noting a number of options available to Council in designating an Agent of the Employer, as well as the Perivale + Taylor recommendation that the third level of grievances be referred to arbitration (involving neither the board nor municipal council); and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council designate the City Manager as "Agent of the Employer" for Step 3 of the Police grievance resolution process, as provided for in article 11.08 of the collective agreement with the Saint John Police Protective Association, Local 61, C.U.P.E., for an interim period to end upon the establishment of a board of police commissioners. Note was made of a copy of a letter to the Acting Chief of Police from the Chairman of the Local 61 Grievance Committee (copies of which were forwarded to Council members as an information item) on a grievance regarding the polygraph position. Question being taken, the motion was carried. 86-797 COMMON COUNCIL JANUARY 12, 1998 10. Human Resources Policy #231 Human RiQhts In The Workplace Consideration was given to a report from the City Manager submitting, further to a report submitted to Council in early autumn 1997 outlining the City's involvement in various human rights initiatives during the 1990s and proposing three measures to ensure discrimination and harassment will not be tolerated at the City of Saint John, proposed Human Resources Policy #231 - Human Rights in the Workplace, outlining the City's commitment to a work environment free from discrimination and harassment and setting out a complaints procedure to deal with allegations of discrimination and harassment in a confidential, fair and expeditious manner, such policy to be supplemented by a training program. On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, Common Council formally adopt Human Resources Policy #231 - Human Rights in the Workplace, as submitted, and support the development of a training program and consultation with local community groups as outlined in the City Manager's report in this regard dated January 9, 1998. Question being taken, the motion was carried. 11. Re Canadian Caviar Company Inc.'s Request To Use/ManaQe Loch Lomond Hatcherv Consideration was given to a report from the City Manager submitting more detailed information further to Council's consideration on December 22, 1997 of Canadian Caviar Company Inc.'s request that the City, as the primary owner of the Loch Lomond Hatchery, confirm the acceptability of its arrangement for the use of the Hatchery, including a copy of a letter from Irving Oil Limited indicating its approval for this Company to have the same access to the Fish Hatchery site as was previously granted to Her Majesty The Queen, and a draft license in this regard. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Common Council support the request of Canadian Caviar Company Inc., give concurrence to the proposed license as submitted between the Department of Fisheries and Oceans and Canadian Caviar Company Inc., provided Canadian Caviar Company Inc.: (a) register an extra-provincial company in the Province of New Brunswick; (b) release and hold harmless the City, its officers, servants, agents, contractors and workers, from any and all liability for any and all claims, actions or damages that may be suffered by Canadian Caviar Company Inc. or any other person in the occupancy and operation of the Saint John Fish Culture Station at Lakewood in the said City which may be caused from: (i) discharge of chlorine into Little River; (ii) increased sedimentation in Little River: (iii) low water conditions in little River; (iv) breakage and/or leakage of any of the City's watermain(s); or (v) any other action undertaken by or on behalf of the City; and further that Common Council give authority to the Mayor and Common Clerk to execute such documentation as may be required to give effect to the herein-given concurrence. (Rescinded January 26, 1998 Bk. 86 Pg. 821 ) Mr. Nugent expressed the view that, upon re-reading the City Manager's recommendation further to the Legal Department's involvement in the preparation of section (b) of the above recommendation, the City should be slightly more explicit to indicate that it is seeking that Canadian Caviar Company Inc. hold the City harmless should either Canadian Caviar Company Inc. or anybody else who might have an interest in that operation suffer any damages from the types of situations set out in (i) to (v); and suggested that the wording of section (b) of the recommendation should refer to liability for any and all claims, actions or damages that may be suffered by Canadian Caviar Company Inc. or any other person in the occupancy and operation of that facility. The mover and seconder of the proposed motion to adopt the City Manager's recommendation agreed to change the motion accordingly. 86-798 COMMON COUNCIL JANUARY 12, 1998 Question being taken, the motion was carried. 12. Proposal For Automated Meter ReadinQ System On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that as recommended by the City Manager, the proposal of Schlumberger Canada Ltd. be accepted for the supply of all necessary labour, materials, tools and equipment required to supply and install an automated meter reading system to service 100 metered account, water customers. Question being taken, the motion was carried. 13. Business Improvement Levv Bv-Law Amendment On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number B-114-9 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-9 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. 14. Barbara Munroe - Water Strategy And Water To RaQQed Point Road On motion of Councillor Waldschutz Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Barbara Munroe referring to Council's approval on December 8, 1997 of an expenditure for a water strategy survey; submitting a copy of a letter to Godfrey & Associates, the contractor for this study; and asking if Ragged Point Road is to be part of the expansion -- be received and filed. Question being taken, the motion was carried. 15. Roy J. Marsden - Removal Of Discarded Wood From Landfill On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mr. Roy J. Marsden requesting a letter of permission for him to remove old discarded wood at the new landfill to subsequently be recycled to use as firewood -- be referred to the Fundy Region Solid Waste Commission. Question being taken, the motion was carried. 16. Rocca Property Management Inc. Amendment To Section 39 Conditions Of Re-ZoninQ Of 610 MillidQe Avenue On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the application of Rocca Property Management Inc. for an amendment to the Section 39 conditions of re- 86-799 COMMON COUNCIL JANUARY 12, 1998 zoning of 610 Millidge 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, February 16, 1998, at 7:00 o'clock p.m. Question being taken, the motion was carried. 17. Saint John Seafarer's Mission Beautification Of 92 Tillev Lane On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from the Saint John Seafarer's Mission advising that it has taken steps to beautifying its property at 92 Tilley Lane which it hopes will blend in with the City-maintained grounds at Tilley Square -- be received and filed. Question being taken, the motion was carried. 18. Steering Committee Of The Turner-Brewer Memorial PlaVQround On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter of intent from the Steering Committee of the Turner-Brewer Memorial Playground to build a playground structure, complete with landscaping, on the area in which the playground in the South End of Saint John now stands, replacing the present wooden structure, as a memorial to children who have been lost to abuse, or neglected -- be referred to the City Manager. Question being taken, the motion was carried. 19. The Hardman Group Limited, Acting As Agents For Brunswick Square Ltd. Re Tax Rate In City Of Saint John On motion of Councillor Vincent Seconded by Councillor Knibb RESOLVED that the letter from The Hardman Group Limited, Acting as Agents for Brunswick Square Ltd., providing input with respect to the ongoing discussions regarding the tax rate in the City of Saint John - - be received and filed. Question being taken, the motion was carried. Adiournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and a Committee of the Whole meeting of Common Council be held. Question being taken, the motion was carried. Common Clerk