2001-12-10_Minutes
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COMMON COUNCIL
DECEMBER 10, 2001
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the tenth day of December, A.D. 2001, at 7:30 o'clock p.m.
present
Shirley McAlary, Mayor
Deputy Mayor White and Councillors Ball, Chase, Court,
Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites
- and -
Messrs. 1. Totten, City Manager; J. Nugent, City Solicitor; A.
Beckett, Commissioner of Finance and Commissioner of
Corporate Services; P. Woods, Deputy City Manager; P. Groody,
Commissioner of Municipal Operations; W. Butler, Commissioner
of Community Services; J. Baird, Commissioner of Planning and
Development; W. Edwards, Commissioner of Building and
Inspection Services, G. Tait, Fire Chief; R. Simonds, Deputy Fire
Chief; C. Cogswell, Chief of Police; Mrs. M. Munford, Common
Clerk; and Ms. C. Mosher, Assistant Common Clerk.
1. MeetinQ Called To Order - Prayer
Mayor McAlary called the meeting to order and offered the opening
prayer.
The Mayor, in apologizing for the meeting starting late, advised her
intention to change the order of the agenda items.
2. Approval of Minutes
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED that minutes of the meeting
of Common Council, held on December 3, 2001, be approved.
Question being taken, the motion was carried.
14. Update On FundraisinQ For Forest Hills Plavpark
Consideration was given to a report from the City Manager updating
Council on the status of fundraising efforts for the inclusive playpark in Forest Hills,
Council having by resolution of March 5, 2001 supported its development and approved
up to $100,000 in matching funds from the Land for Public Purposes Trust Fund to be
used for the development estimated to cost $230,000 - $300,000; advising the results of
seeking suppliers' quotes for the materials, play equipment and installation; and setting
out a recommendation in this regard.
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, Common Council (1) approve that the recreation equipment for the Forest
Glen UCT playpark be purchased from Little Tikes Commercial Play Systems at the
quoted amount of $97,542.45, HST inclusive; (2) approve that the recreation equipment
for the Forest Glen UCT playpark be installed by Little Tikes Commercial Play Systems
at the quoted amount of $27,485, HST included; and (3) approve that the supply and
installation of the resilient protective surface for the Forest Glen UCT playpark be
awarded to Everplay International Inc. at the quoted amount of $73,924.88, HST
inclusive.
Question being taken, the motion was carried.
15. Land For Public Purposes Trust Fund Applications
Read a report from the City Manager submitting the Guidelines for
Evaluations of Requests for Contributions from the Land for Public Purposes Trust Fund
adopted by Council on August 20, 2001 as part of the policy for use of the Fund monies,
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COMMON COUNCIL
DECEMBER 10, 2001
and setting out recommendations in response to the requests for funding received by
Council by the October 31,2001 deadline, with the exception of the request from Denis
Morris Community Centre Incorp. that staff was reviewing and on which a separate
report would follow; and advising that, in addition, staff was continuing to work with
representatives of the Monte Cristo Park Subdivision, evaluating their application upon
the Guidelines in place when the application was received, which was prior to Council
revising them.
A motion was proposed by Councillor Court and seconded by Deputy
Mayor White to adopt the City Manager's above recommendation with regard to the
requests for funding of the Havelock Elementary Home & School Association, the
Simonds High School and the Glen Falls School; and the Mayor agreed to Councillor
Fitzgerald's request to deal with the three requests on a separate basis.
On motion of Councillor Fitzgerald
Seconded by Councillor Court
RESOLVED that Council approve funding
from the Land for Public Purposes Trust Fund in the amount of 50% of the requested
amount, being $23,000, for the Havelock Elementary Home & School Association for
playground development at Havelock School, conditional upon: (a) the City of Saint John
receiving a certificate from the Superintendent of School District 8 stating that the
playground at Havelock School shall be open for the recreational use and enjoyment of
the general public, and (b) a letter be provided to the Commissioner of Community
Services from the equipment supplier stating the equipment and installation fully
meetings CSA standards.
Councillor Fitzgerald proposed the above motion on the basis that, while
the City Manager's recommendation included the approval of funding from the Land for
Public Purposes Trust Fund of up to $5,000 for the Havelock Elementary Home &
School Association for playground development at Havelock School; the Association
operated in two phases in initiating the playground program, the first for which it raised
$30,000 with no input from the City, the second phase involving $46,000 requiring 50%
from the City which is $23,000, and the application was sent in to the City a day after the
policy was changed somewhat, thus in his opinion the Association deserved $23,000.
Question being taken, the motion was carried.
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council approve funding from the Land for Public Purposes
Trust Fund for the redevelopment of the Simonds High School multi-purpose field in the
amount of $8,000, such funding to be conditional upon the City of Saint John receiving a
certificate from the Superintendent of School District 8 stating that the multi-purpose field
at Simonds High School shall be open for the recreational use and enjoyment of the
general public.
Question being taken, the motion was carried.
On motion of Councillor Court
Seconded by Deputy Mayor White
RESOLVED that as recommended by
the City Manager, Common Council deny the funding request from Glen Falls School for
the development of a landscape plan but advise that the City of Saint John will continue
to discuss the possibility of redeveloping the multi-purpose field.
Question being taken, the motion was carried.
16. Clarification Of Street Name - Samuel Davis Drive
Consideration was given to a report from the City Manager clarifying that,
further to Common Council resolution of December 3, 2001 amending the list of Official
Street names by adding the name Samuel Oavis Orive, Samuel Davis Drive would begin
at the intersection of Churchill Boulevard with Somerset Street and continue from this
intersection to Sandy Point Road.
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COMMON COUNCIL
DECEMBER 10, 2001
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that as recommended by the City
Manager, Common Council name the road between Churchill Boulevard, where it
intersects with Somerset Street, and Sandy Point Road, Samuel Davis Drive.
Question being taken, the motion was carried.
17. Residential Infrastructure Assistance
Application #10 - Ellerdale Investments
Development At Fountains Of WestQate
On motion of Councillor Ball
Seconded by Councillor Desmond
RESOLVED that as recommended by
the City Manager, Common Council approve Residential Infrastructure Assistance
application #10 - Ellerdale Investments Ltd. for the development of 21 one and two
family units and 40 townhouses in Fountains of Westgate at an estimated 2001
expenditure of $126,000.
Question being taken, the motion was carried.
* Added Item
On motion of Councillor Titus
Seconded by Councillor Fitzpatrick
RESOLVED that the City Manager's
recommendation regarding the property at 217 Victoria Street, which was considered in
Committee of the Whole earlier this date under item 31, be added to the agenda of this
meeting as item 17 A.
Question being taken, the motion was carried.
*17 A. Property At 217 Victoria Street
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that as recommended by the
City Manager, (1) the City of Saint John acquire the fee simple absolute interest in 217
Victoria Street (PID Number 375956), as generally shown on the submitted plan, from
Leonard Chamberlain for $1; (2) the City shall prepare any plan of any survey required
for conveyances purposes; (3) the City shall pay up to $350 for any mortgage discharge
from the Bank of Nova Scotia in relation to this acquisition; (4) the City shall administer
and pay for all legal requirements related to this acquisition; and (5) upon acquisition and
demolition of 217 Victoria Street, PID Number 375956 be deemed surplus to the needs
of the City of Saint John and Common Council authorize the advertising for the purpose
of soliciting bids for the sale of the subject property.
Question being taken, the motion was carried.
18. YM-YWCA Request For Funding
From J. D. O'Connell Trust
Consideration was given to a report from the City Solicitor advising that,
further to Council's receipt at its December 3, 2001 meeting of the YM- YWCA's request
for a grant from the O'Connell Trust Fund to be used to support camping and outdoor
education opportunities for children who, because of lack of funds, would be otherwise
unable to participate, the income from the Trust Fund, under its terms, was to be
distributed annually at Christmas to the children being cared for in orphanages in the
City of Saint John; referring to Common Council resolution of November 13, 2001
authorizing an application to the Court of Queen's Bench seeking to vary the terms of the
Trust, which was made in the context of Council having recently established the P.R.O.
Kids Program in that, if the terms of the Trust are varied as being sought, then Council
could consider supporting P.R.O. Kids, the YM-YWCA or other organizations which
would come within the terms in question; and concluding that it is hoped proceedings
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COMMON COUNCIL
DECEMBER 10, 2001
would commence to vary the Trust later this month, with the expectation being that the
application would be disposed of by the Court in time to consider support of summer-
time activities for young people during the summer of 2002.
On motion of Councillor Fitzpatrick
Seconded by Councillor Ball
RESOLVED that the above report from the
City Solicitor be received and filed.
Question being taken, the motion was carried.
19. Zoning By-law Amendment To
Re-Zone 535 Westmorland Road
On motion of Councillor Court
Seconded by Councillor Fitzpatrick
RESOLVED that the by-law entitled,
"By-law Number C.P.100-581 A Law To Amend The Zoning By-law Of The City Of Saint
John", insofar as it concerns re-zoning a portion of a parcel of land located at 535
Westmorland Road (Westmorland Place), having an area of approximately 7,875 square
metres (84,768 square feet), (being NBGIC Number 426668), from "SC" Shopping
Centre to "SC-2" Shopping Centre classification, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P.100-581 A Law To Amend The
Zoning By-law Of The City Of Saint John", was read in its entirety.
On motion of Councillor Court
Seconded by Councillor Ball
RESOLVED that the by-law entitled, "By-law
Number C.P.100-581 A Law To Amend The Zoning By-law Of The City Of Saint John",
insofar as it concerns re-zoning a portion of a parcel of land located at 535 Westmorland
Road (Westmorland Place), having an area of approximately 7,875 square metres
(84,768 square feet), (being NBGIC Number 426668), from "SC" Shopping Centre to
"SC-2" Shopping Centre classification, be read a third time and enacted and the
Corporate Common Seal be affixed thereto.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "By-law Number C.P.100-581 A Law
To Amend The Zoning By-law Of The City Of Saint John".
20. Street ClosinQ Bv-Iaw Amendment - Gaelic Drive
On motion of Councillor Desmond
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A By-
law To Amend A By-law Respecting The Stopping Up and Closing of Highways In The
City of Saint John", with respect to stopping up and closing permanently the following
portion of highway:
GAELIC DRIVE: ALL that certain portion of Gaelic Drive, a public street in the City of
Saint John in the County of Saint John and Province of New Brunswick and more
particularly designated "Portion of Gaelic Drive a public street 404 m2" on a plan of
survey titled "Plan of Survey Showing a portion of Gaelic Drive, City of Saint John, Saint
John County, New Brunswick" dated August 23, 2001, surveyed by John E. Calvin, New
Brunswick Land Surveyor,
be read.
Question being taken, the motion was carried.
The by-law entitled, "A By-law To Amend A By-law Respecting The
Stopping Up and Closing of Highways In The City of Saint John", was read in its entirety.
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DECEMBER 10, 2001
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A By-
law To Amend A By-law Respecting The Stopping Up and Closing of Highways In The
City of Saint John", be read a third time and enacted and the Common Corporate Seal
be affixed thereto.
Question being taken, the motion was carried.
Read a third time the by-law entitled, "A By-law To Amend A By-law
Respecting The Stopping Up and Closing of Highways In The City of Saint John".
21. 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 3, 2001, when
there were present Mayor McAlary, Deputy Mayor White and Councillors Ball, Chase,
Court, Desmond, Fitzgerald, Fitzpatrick, Teed, Titus and Trites, and your Committee
submits the following recommendations, namely:
1. That as recommended by the City Manager, the appropriate legal notice
be given J. D. Irving, Limited to quit and deliver up vacant possession of the demised
lands known as PID 408112,670 Green Head Road (as generally described in the lease
with Randolph & Baker Limited as Lots 4 & 5), not later than 11:49 p.m. local time April
30,2002, and the Mayor and Common Clerk be authorized to execute the notice to quit.
2. That as recommended by the City Manager, the City of Saint John enter
into an agreement with the Province of New Brunswick to provide a rental subsidy for the
New Brunswick Museum, payable as follows: September 1,1999 - $310,000, September
1,2000 - $310,000, September 1,2001 - September 1,2013 - $192,500 annually,
payable September 1 each year, less any amounts previously paid by the City or
withheld by the Province of New Brunswick, and the Mayor and Common Clerk be
authorized to execute the agreement.
December 10, 2001,
Saint John, N.B.
Respectfully submitted,
(sgd.) Shirley McAlary,
C h air man.
21.1. Termination Of Lease For Lots 4 & 5. Randolph
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that section 1 of the above
report be adopted.
Question being taken, the motion was carried.
21.2. Rental Subsidy - N.B. Museum At Market Square
On motion of Councillor Desmond
Seconded by Councillor Ball
RESOLVED that section 2 of the above report
be adopted.
Question being taken, the motion was carried.
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COMMON COUNCIL
DECEMBER 10, 2001
3(a) Saint John Board Of Police Commissioners
(b) Saint John Police Protective Association, Local
No. 61. CUPE - Proposed 2002 Police Force BudQet
Consideration was given to (a) a letter from Edward W. Keyes, Chairman
of the Saint John Board of Police Commissioners, requesting to appear at this meeting
with respect to the proposed Police Force budget for the year 2002, the Board having
directed him to also request that Council hear from the Executive of the Saint John
Policemen's Protective Association Local 61 at the same meeting to allow the members
to express their perspective on the proposed budget reduction and concerns about
safety as brought to the Board on December 4; and (b) a letter from Saint John Police
Protective Association, Local No. 61, CUPE, requesting to appear with respect to the
proposed cuts to the Police budget and to present new information for Council's
consideration.
Commission Chairman Edward Keyes noted the presence at the meeting
of other Commission members, Chief Cogswell and his senior management staff, Cpl.
Kim Phillips, President of Local No. 61 and his Executive, CUPE representative Bob
Davidson, members of the Saint John Police Force, and President of the New Brunswick
Police Association Ted Doncaster, as well as the Board's presentations to Council with
respect to the 2002 operational budget, the first in open session of Council on November
13 outlining the 2002 budget request and informing Council about the services delivered
by the Police Force to the community, the second being in Committee of the Whole on
November 26, 2001 outlining the Board's concerns with respect to the proposed budget
reduction of $1.3 million over the next three years and informing Council how the Police
Force would attempt to meet the funding level cap in terms of how many police officer
positions would have to be eliminated over the three-year period and the consequences
and risks to the community and the Police Force if those positions were forever
eliminated, the bottom line being the elimination of people, programs and services and a
significant reduction and degradation of the police service. Mr. Keyes advised that the
purpose of this presentation was to plead to Council to maintain and fund the existing
level of policing services to the community, speaking to the Board's responsibility and
accountability for policing services and for ensuring adequate policing in the City of Saint
John and the importance of the Board being provided with the necessary funding to
deliver what it has determined to be the necessary funding to meet the requirements for
an adequate police service for the community based on facts and the Board's
experience over the last several years as the employer of the Saint John Police Force in
terms of public expectations, calls for service, reported incidents and crime, victim
needs, crime prevention, law enforcement, public order, emergency response, prime
trends, comparable costing, consultations, public surveys and other data, including input
from stakeholders in the community. Mr. Keyes, in thanking Council for approving the
request for the Saint John Police Protective Association to appear before Council,
advised Council of the Board of Police Commissioners' support of the Saint John Police
Protective Association's position. Chief Cogswell commented on Local No. 61 's
contribution towards improving the effectiveness and efficiency of policing services over
the last few years, and advised that, in his estimation, the proposed funding reduction,
which would result in the elimination of twenty-one police officers thereby resulting in the
elimination of programs and services, was unacceptable, and he could not and would
not recommend a cut to the Police budget.
Cpl. Kim Phillips, reading from a prepared brief (copies of which were
distributed to Council members at this time), apprised Council of the increase in calls for
police protection service from five years ago, as well as of legislated policing standards
requiring additional resources, such as a special emergency tactical unit to fight
organized crime, while the number of police officers in Saint John has decreased from
197 to 174 over the years and the public expectation being that the Police Force will
have the resources to continue to be a preventative and proactive one; and expressed
the view that, with a reduction in the Police Force budget causing the reduction of
twenty-one police officers through attrition, the Force would not be able to provide
adequate police protection to the citizens of Saint John. Cpl. Phillips spoke to the
legislative authority and responsibility of the Saint John Board of Police Commissioners
in determining the budget required to provide and maintain an adequate police force
within Saint John, Local No. 61 's view being that it was clearly not the legislative role of
the City Manager and Common Council to deny the necessary money to enable the
Police Board to do so; and suggested the need for the Council, the Police Commission,
Police management, the Police Union Local 61, the N.B. Police Association and the
Canadian Police Commission to join together and go united to Ottawa and Fredericton to
secure additional funding for police protection for the citizens. Cpl. Phillips referenced a
Saint John Police Survey carried out by Corporate Research Associates Inc. (copies of
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DECEMBER 10, 2001
which were distributed to Council members during his presentation) indicating support
for a two cent increase in the municipal tax rate to maintain the current level of police
service in Saint John, and proposed a review of the special water deals for the Irving
Refinery and Irving Pulp and Paper Mill which result in reduced payments to the City;
and appealed to Council to not lower Police protection in the City but to move forward
united as one to acquire additional funding from the Federal and Provincial Governments
for more policing in Saint John, not less.
During discussion Mr. Keyes responded to questions on the impact of
eliminating specific positions, and Mr. Nugent, replying to a question as to whether or not
it was Council's responsibility to produce the funding necessary to meet what the Board
of Police Commissioners has determined as adequate, advised that, while the Police Act
speaks of adequate police service and adequate police force, the Act does not define
what constitutes adequate nor does it say definitively who has the authority to determine
what constitutes adequacy in those respects; however, he did not believe that the
authority solely rested with the Police Commission to make that determination and,
clearly in his view, the Legislature did not, by the Police Act, place any municipality in the
Province which has a police commission in the position where it must find, regardless of
its resources, the capacity to pay a police service of style or of an extent that a police
commission might believe is appropriate, but rather that he believed the intention of the
Legislature was to have Council decide whether or not the resources it has, in light of the
circumstances of the community, could support what the Commission believed was
adequate, after going through the sort of exercise that Council was now going through
where questions of the nature being posed were critical to Council making that decision;
thus, he believed that the requirement placed by the Police Act on the Municipality was
to through precisely the exercise Council was now going through, which was to hear
from the Police Commission the potential effects of operating with a budget of an
amount Council proposed to it and, then having heard the consequences, Council
having to decide whether or not in the scheme of all the services Council wished to
provide to the citizens, it was something Council could support. With regard to the
employment of the members of Saint John Police Force, Mr. Nugent advised that, for the
purpose of labour relations, they were employees of the Board of Police Commissioners
although, as police officers have an allegiance to the law, they were not employees in
the sense of, for example, being an employee of the City or the Province, but rather that
the Board of Police Commissioners has the responsibility, by virtue of Provincial
legislation, to establish the policies of the Police Force and, in conjunction with the Chief
of Police, determine the objectives and priorities of the Police Force and, while that
would impact upon the operations of the Police Force and the activities of the individual
police officers, it did not allow the Commission to tell an individual police officer what to
do in a particular incident. As to whether or not Council could be challenged if what it
determined to be adequate differed from what the Board of Police Commissioners
determined to be adequate, Mr. Nugent indicated in the affirmative, the challenge having
to be on the basis that the Municipality was not fulfilling its obligations under the Police
Act, but what would happen in a case like that was that there would have to be an
assessment of whether or not the Municipality, in making the decision, had the facts that
were relevant, which was precisely why Council was going through the exercise of
hearing from the people who have the experience and expertise to tell Council what the
potential effects would be and whether or not Council made a reasonable decision in
good faith.
22. Saint John Transit Commission - Bus Purchase
On motion of Councillor Teed
Seconded by Councillor Trites
RESOLVED that the letter from the Saint
John Transit Commission advising that, as its infrastructure application for new buses
was unsuccessful, it has entered into an agreement to purchase two used, rebuilt buses
to utilize its 2001 capital grant, with expected delivery in the spring of 2002, be received
and filed.
Question being taken, the motion was carried.
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DECEMBER 10, 2001
23. Aitken Bicentennial Exhibition Centre Inc.
Closure Of ABEC And Diposal Of Assets
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the letter from A. David
Case, Chairman of Aitken Bicentennial Exhibition Centre Inc., advising that, with the
recent decision by the Regional Facilities Commission to eliminate all funding for ABEC,
ABEC will run out of funding by December 31,2001 and, accordingly, the Board must
make plans to pay appropriate severance, meet its other current financial obligations to
creditors and transfer its assets into safekeeping; asking to be advised as soon as
possible the City's view as to what disposition should be made of its assets; and, in
expressing regret that ABEC must close its doors, asking for assistance in winding down
the affairs of ABEC in an orderly and responsible fashion, be referred to the City
Manager and the Regional Facilities Commission.
The first motion proposed by Councillor Desmond and seconded by
Councillor Teed was to receive and file the above letter, whereupon the Mayor
requested the above motion.
Question being taken, the motion was carried.
24. Saint John Development Corporation I Saint John
Waterfront Development Partnership - Summary Of
Feedback From Public Input & Consultation Session
On motion of Councillor Desmond
Seconded by Deputy Mayor White
RESOLVED that the letter from John D.
Wallace, President of the Saint John Waterfront Development Partnership, and William
1. Grant, Chairman of the Saint John Development Corporation, submitting a summary
of the written feedback resulting from the Harbourfront Greenway Public Input &
Consultation Session held on October 25, 2001, be received and filed.
Question being taken, the motion was carried.
25. Marjorie Denton - Development Behind Oakland Street
On motion of Deputy Mayor White
Seconded by Councillor Ball
RESOLVED that the letter from Marjorie
Denton expressing her opposition to any further development of the business owned by
Mr. Northrup behind her home at 3 Oakland Street, be referred to the City Manager.
Question being taken, the motion was carried.
26. Paul Folkins - Re-ZoninQ Of 1433 Loch Lomond Road
On motion of Councillor Titus
Seconded by Councillor Trites
RESOLVED that the application of Paul
Folkins for the re-zoning of property located at 1433 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 21,2002, at 7:00 o'clock p.m.
Question being taken, the motion was carried.
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27 (a) Friends Of St. Joseph's; (b) Ann Gilbert
FundinQ For Fire & Police Services
On motion of Deputy Mayor White
Seconded by Councillor Titus
RESOLVED that the letters from (a) J.
Esmonde Barry, Past President of Friends of St. Joseph's, expressing appreciation for
Council's dilemma in bringing down this year's budget, particularly in light of the
surprising action of the Provincial Government in freezing assessments on some major
industrial enterprises which triggered a substantial shortfall; and advising that, as health
care advocates, the Friends of St. Joseph's are committed to the safety, protection and
care of all citizens and encourages Council, in the strongest possible terms, to hold in
abeyance any reduction of fire and police personnel until such time as every avenue has
been explored from raising taxes to searching out additional funding from the Provincial
and Federal Governments; and (b) Ann Gilbert expressing concern about the possibility
of downsizing police and fire, and suggesting the need to increase the tax rate by two
cents, be received and filed.
Councillor Court, President of Friends of St. Joseph's, asked to have the
above letter from Friends of St. Joseph's read, and the Mayor suggested that the Council
members had read the letter.
On motion of Councillor Titus
Seconded by Councillor Desmond
RESOLVED that Councillor Court be
entitled to read the above letter from Friends of St. Joseph's.
Question being taken, the motion was carried.
Councillor Court read the above-mentioned letter.
Question being taken, the original motion was carried.
28. Loyalist City Heritage Festival
2001 Activities & 2002 Festival FundinQ
On motion of Councillor Fitzpatrick
Seconded by Councillor Teed
RESOLVED that the letter from Loyalist City
Heritage Festival submitting a copy of a presentation that it would appreciate being
allowed to make early in the new year with respect to the 2000 and 2001 Festivals and
the projected budget for the Festival of 2002, be deferred until the presentation is made.
Question being taken, the motion was carried.
4. Local 771, IAFF, Saint John Fire Fighters' Association
Proposed 2002 BudQet And StaffinQ Reductions
Consideration was given to a letter from Local 771, IAFF, Saint John Fire
Fighters' Association, requesting to do a presentation at this meeting as a result of
proposed budget and staffing reductions, it being important during times such as these
that all parties are able to meet and share ideas and information.
Chuck Hickey, President, John McCarthy, Recording Secretary of Local
771, IAFF, and a delegation of Saint John Fire Fighters were present at the meeting, and
Mr. Hickey, through a computer-aided and video presentation, explained why, in Local
771 's view, the present fire coverage was necessary and the ramifications if the
coverage was not kept, referring to National Fire Protection Association standards for
fire service, and reviewing a chart from the Insurance Underwriters (copies of which
were distributed to Council members during the presentation) showing the initial
response to fires, focusing on the number 5 rating for Saint John as having severe
hazards in large area buildings, usually with major exposures and in large congested
frame districts, which would require three pumper and two ladder companies, and an
additional pump and ladder company for severe life hazard situations. In the latter
regard, Mr. Hickey advised that the City of Saint John had only two ladder companies;
and also that, although eighteen people were to be on the fire scene as an initial
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DECEMBER 10, 2001
response, the City most times would be responding with eleven or twelve; and
commented on the different situations to which the Fire Department responds. Mr.
Hickey read from letters dated September 25, 1981 and February 13, 1995 from the Fire
Underwriters Survey to former City Manager A. G. McDermott and current City Manager
Terry Totten, respectively (copies of which were distributed to the Council members
during the presentation), the former expressing the view that, while the rate of manning
of fire apparatus in Saint John was higher than in many other cities with a comparable
protection problem, it would not be reasonable to contemplate light manning similar to
cities of suburban character or with a light fire risk and incidence, the latter indicating
that a third ladder company was needed to protect the West Side; and referred to a fire
protection study of District 2 completed in 1991 by Ernst & Young which indicated that,
while the alarm rate per capita was slightly lower than North America averages, the
number of structural fires per capita was higher. Mr. Hickey compared the number of
runs in 1989 to the number in 2000, noted the potential for fires in the City of Saint John
in terms of its various types of buildings structures and industry; and, with regard to his
understanding that the proposed $250,000 reduction in the Fire Department's budget
represented less than a cent on the tax rate, expressed the belief that the people in the
City were prepared to pay to maintain the fire service. Mr. Hickey advised that, if an
engine or ladder company were cut, the City's insurance rates would go up, thus the
citizens would pay either through a tax rate or an insurance rate increase, and also that
the Saint John Fire Fighters would accompany Council in lobbying the Provincial and
Federal Governments; and asked Council not to cut the City's fire service.
Mr. Hickey responded to questions in the above regard.
(Councillor Fitzpatrick withdrew from the meeting.)
5. City Historic Sites And Events Committee
Read a letter from Councillor Teed bringing to Council's attention that,
although the Council of the day saw fit not to make any new appointments to the City's
Historic Sites and Events Committee after members' appointments expired on December
31, 1985, the Committee was not abolished and was available for use; and proposing
that, in view of the growing interest in history and heritage, the appointment of ten
members to this Committee be referred to the Nominating Committee for consideration.
On motion of Councillor Teed
Seconded by Councillor Titus
RESOLVED that the above matter be
referred to the Nominating Committee for consideration.
Question being taken, the motion was carried.
6. City's Art Collection
Read a letter from Councillor Teed advising that it was with considerable
surprise that he learned that the City of Saint John has amassed a collection of art
valued at nearly $700,000, including paintings valued up to $19,200 and artifacts valued
up to $270,000, and one would like to think that these would grace the reception room
on the 8th floor of City Hall and other areas where the public could see and appreciate
the wonderful assets the City owns; and also advising that it was not clear to what extent
Council has formulated a policy respecting displays or even travelling shows of these or
where a list of donors and artists could be readily seen.
On motion of Councillor Teed
Seconded by Councillor Desmond
RESOLVED that, with regard to the
above letter from Councillor Teed, Council request the City Manager to present a
recommendation as to a City policy respecting gifts or displaying of such assets as well
as identification as to the owners and donors.
Question being taken, the motion was carried.
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COMMON COUNCIL
DECEMBER 10, 2001
7. Atlantic Mavors' ConQress
On motion of Councillor Teed
Seconded by Councillor Titus
RESOLVED that, with regard to the letter
from Councilor Teed advising that it was with interest he read that the mayors of a
number of Atlantic Province municipalities have formed an Atlantic Mayors' Congress, as
reported in the press on November 26; and suggesting that Council and the citizens of
Saint John should be fully apprised of how this Congress is constituted, its terms of
reference, its form of financing and who will be its spokesperson, the Mayor of the City of
Saint John be requested to provide a written report setting out the terms of reference for
the form of financing, spokesperson and method of operation.
Question being taken, the motion was lost with a majority of the Council
members present voting "nay".
8. Protocol For SinQinQ Of National Anthem
Read a letter from Councillor Teed advising of his attendance at the 25th
anniversary ceremony of the Greater Saint John Community Foundation for which the
program started with the National Anthem - a/Canada played by the Salvation Army
Band and that it was disturbing that the audience was unsure whether or not to sing the
National Anthem, nor was the master of ceremonies sure what was appropriate;
submitting a protocol pamphlet published by the Canadian Citizenship Federation which,
while there is nothing legislated as to what is correct, provides an excellent guide to
assist citizens in doing what is acceptable.
Councillor Teed proposed a motion, which was not seconded, that the
protocol in the above letter be accepted by the City and be followed until some official
protocol authority deems a different protocol should be adopted.
9. Province's Approach To Loch Lomond Watershed
Consideration was given to a letter from Councillor Teed expressing the
view that, as research indicates that from 1991 the Provincial Government's policy was
that Loch Lomond Lake would be a major recreation facility, the more recent Provincial
legislation decreeing that any activities on Loch Lomond Lake would be only by small
boats with very limited power is a very positive step in assuring that the Lake will be
pollution-free.
Councillor Teed proposed a motion, which was not seconded, that the
City acknowledge this positive approach by the present Government that Loch Lomond
Lake is no longer considered a major recreational facility but is considered a watershed
supply with initial limited use by those presently owning properties fronting on the Lake,
and that a letter be sent to the Minister of the Environment and to the Minister of
Municipalities expressing the City's appreciation in recognizing the importance of Loch
Lomond Lake as a major water facility for the inhabitants of the City and area.
10. City Representatives On Board Of Trade
Read a letter from Councillor Teed regarding the City's eight designated
representatives on the Saint John Board of Trade, being the Mayor, the City Manager,
the Deputy City Manager, the City Treasurer, the Commissioner of Community Services,
the Manager of Community Planning, the Common Clerk and the Convention Officer in
that, as the City is allowed two representatives included in the membership fee of $661,
the other six additional representatives cost $92 each or a further $552; suggesting that,
as there is a Police Commission, if a police membership means increased fees such
should be reduced, and also that it seems unusual to have seven senior staff with only
one Council representative on the Board and it would be more appropriate to have two
or three Councillors together with the Mayor as representatives rather than seven staff
members.
On motion of Councillor Teed
Seconded by Councillor Desmond
RESOLVED that the matter of who
should be the City representatives on the Board of Trade and how many be referred to
the Nominating Committee for consideration.
88-793
COMMON COUNCIL
DECEMBER 10, 2001
Question being taken, the motion was carried.
11. Enterprise Saint John's Promotional Advertisement
Consideration was given to a letter from Councillor Teed submitting a
copy of what he understood was supposed to be the promotional advertisement of
Enterprise Saint John in the Saint John Board of Trade Directory, featuring two
monkeys; expressing the view that this does not represent a positive picture of what the
City is endeavouring to do; and suggesting that any positive business promotion should
not feature monkeys in this format.
On motion of Councillor Teed
Seconded by Councillor Desmond
RESOLVED that Council request
Enterprise Saint John to change its format for the next edition of the Saint John Board of
Trade Directory and possibly to explain, if it chooses, its reasons for such an odd form of
advertisement.
Question being taken, the motion was lost with a majority of the Council
members present voting "nay".
12. Refuse & Waste Between Sidewalk Joints
Read a letter from Councillor Teed commenting on the lack of crackfill
between the secondary expansion joints in the sidewalks of King Street in that they act
as a collector for refuse and waste, in particular, cigarette butts, which is certainly not an
inducement for visitors to see a shining clean City; and suggesting that there must be
some form of filler which would allow expansion but not allow a collection of cigarette
butts.
Councillor Teed proposed a motion, which was not seconded, that
Council refer the matter of the accumulation of cigarette butts in the sidewalks to Uptown
Saint John Inc. and request that it investigate the problem and make any
recommendations as to what can be done to keep this area of the City beautiful instead
of acting as a cigarette butt collection location.
13. Human RiQhts Dav. December 10. 2001
On motion of Councillor Teed
Seconded by Councillor Titus
RESOLVED that the letter from Councillor
Teed noting the United Nations' declaration of December 10 as Human Rights Day, and
asking all citizens to appreciate this great country in which they live, in part, due to the
human rights concepts, be received and filed.
Question being taken, the motion was carried.
Adjournment
The Mayor declared the meeting adjourned.
Common Clerk