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1989-10-02_Minutes 82-1 COMMON COUNCIL OCTOBER 2, 1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of October, AD. 1989, at 4:00 o'clock p.m. present Arthur L. Gould, Esquire, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; 1. Totten, Deputy Commissioner of Finance; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply and Services; B. Sheridan, Director of Parks; J. Johnson, Building Inspector; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Reverend W. E. O'Grady of the United Baptist Convention offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on September 25, 1989, be approved. Question being taken, the motion was carried. Deputy Mayor Gould commented on the September 26 meeting in Ottawa of regional mayors, including Her Worship Mayor Wayne, concerning VIA Rail; and on his September 28 and 29 visit, along with a delegation consisting of Mayor Wayne and Councillors Flewwelling and Landers, members of St. Martins Council, senior City Staff members, and representatives of Hospitality Saint John and the Saint John Board of Trade, to Bangor, Maine, USA, Saint John's sister city, and Councillor Knibb commended the Port of Saint John for its ability to provide dockside servicing to supertankers, having done so for the supertanker Texaco Tulsa which was brought into Port on September 30. Deputy Mayor Gould asked Council's consideration later in the meeting to a letter from the City Manager (copies of which were forwarded to Council members as an information item) concerning the September 5, 1989 request of Thistle-St. Andrews Curling Club for the donation of one of the old condensers from the Simonds Arena. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of a joint letter from Ramapo Travel Ltd. and the Minolta group of people from the Minolta Corporation aboard the Cunard Princess cruise ship; advising that, far from being disappointed that the cruise did not go to Bermuda as planned, they were happy that it went to Halifax and Saint John -- be received and filed. Councillor Fitzpatrick asked for a report from staff on the cost to the City to host the Cunard Princess while in Port. 82-2 COMMON COUNCIL OCTOBER 2, 1989 Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting a letter from Glenda C. Greene advising that she has booked the Lily Lake Pavilion for a fund- raising event for a down payment on a van for the River Valley Ground Search and Rescue Team, as an expression of gratitude for its effort in coordinating the search for her brother, Mr. Vincent Greene, who has been missing since August 1989; and requesting that the usual rental fee for the Lily Lake Pavilion be waived in this instance. Consideration was also given to a letter from River Valley Ground Search & Rescue Inc. regarding the proposal put forth by the family of Mr. Vincent Greene to help raise funds for the Team, and its wish to hold a dinner and dance on October 21 at the Lily Lake Pavilion; and requesting any assistance the City could give the family in this endeavour. Upon Deputy Mayor Gould's suggestion that the request of Loyalist City G.R.S. Radio Club should also be considered at this time, as it is similar to the above, consideration was also given to the request of Loyalist City G.R.S. Radio Club Inc. for a donation of $300.00 from the special events fund to help offset the expense of renting the Lily Lake Pavilion and obtaining supplies for celebration of the Club's 10th year of incorporation. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the above requests be referred to the City Manager for analysis and a recommendation to Council. Question being taken, the motion was carried. Read a letter from Councillor Landers noting that several municipalities have joined the recently-announced Provincial Community Exchange Program to encourage the twinning of French and English speaking municipalities; and recommending that, as the largest municipality in New Brunswick, Saint John consider twinning with a French-speaking municipality. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the City of Saint John twin with a municipality within the Province and refer the matter to the City Manager to determine which municipality would be compatible to Saint John's size and best for twinning with the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely: - Standard PavinQ Maritime Ltd. - supply of asphalt September 13-19, 1989 $66,422.53 - supply of asphalt September 20-26, 1989 $60,582.95 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Eastern Fence Ltd., in the amount of $23,412.08, be accepted for the supply and installation of chain link fencing at the Latimer Lake Community Field, Duke Street West, the Champlain Drive treatment plant, and the landfill site. 82-3 COMMON COUNCIL OCTOBER 2, 1989 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that Blanchard Homes (1983) Ltd. has requested an extension of the subdivision completion date of the Bon Accord Subdivision, Phase 3, to allow more time to complete the work, which consists of the installation of concrete curbs and sidewalks and asphalt paving, and that both the developer and the Engineering Department agree that it would be preferred to delay the majority of the remaining work until next year in an attempt to minimize potential damage from continuing house construction, and the developer has indicated that the installation of concrete curbs and the base course asphalt paving will be carried out this fall to facilitate Works Department operations during the winter months; also advising that, according to the Legal Department, Common Council approval is required to make an amendment to the completion date identified in the subdivision agreement entered into on October 17, 1988, and that this can be accomplished by a resolution of Council as long as the extension does not set a date longer than the two-year period mentioned in the Subdivision By-Law; and further advising that the Director of Engineering is recommending that an extension of time for completion of the work be granted to October 17, 1990, and that the security retained by the City continue at $146,000.00 and be valid to November 17, 1990. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council authorize the execution of an amending subdivision agreement with Blanchard Homes (1983) Ltd. extending the completion date of the work in the Bon Accord Subdivision, Phase 3, to October 17, 1990, and requiring that security in the amount of $146,000.00 remain in force until November 17, 1990, provided that the amending agreement shall not be executed by the City unless the developer delivers the extended security to the City by October 9, 1989. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding FCM's Race Relations Getting Started Programme which was the subject of a letter to Council on January 16, 1989 from The Human Rights Awareness New Brunswick Incorporated, and a joint presentation to Council on March 28, 1989 in this regard by the Saint John Charter Rights & Civil Liberties Association, the New Brunswick Human Rights Association and the Multicultural Association of Saint John; advising the FCM is encouraging all municipalities to assess the community's race relations situation and whether or not there are perceived to be race relations problems by (1) establishing a working group; (2) assessing the community's race relations situation; (3) developing recommendations for Council; (4) Council responding to the recommendations; (5) examining alternative organizational structures; (6) making recommendations on the structure; (7) establishing a race relations committee; and (8) the race relations committee submitting on annual report on activities; suggesting that the first step is to establish a working group which would be responsible for assessing the community's race relations situation, such group to consist of knowledgeable community representatives, elected officials and senior staff officials; and recommending that Council consider establishing a working group on race relations as a means of starting to build a stronger partnership with all races in Saint John. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the above recommenda- tion of the City Manager be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended 82-4 COMMON COUNCIL OCTOBER 2, 1989 by the City Manager, authority be granted for payment of the following construction progress certificate, namely: - 1. Rothesay Avenue Office Complex Phase 1 Contract 88-19 Simpson Construction Ltd. Original contract amount Total work done, Estimate Number 1 Payments previously approved Retention Amount recommended for payment, Progress Estimate Number 11, dated September 26, 1989 Final payment $1,167,000.00 1,166,399.29 983,128.81 NIL $ 183,270.48 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tenders of Letco Ltd. and Standard Machinery & Equipment Co. plough blades and cutting edges for the 1989-1990 winter season. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the City Manager advising that, with regard to the September 5, 1989 request of Thistle-St. Andrews Curling Club for a donation of a condenser which is being removed from one on the City arenas, it was the intention to make the old units available to the Lord Beaverbrook Rink which has made a similar request and that, as the Lord Beaverbrook is financially dependent on the City, it is believed that this decision would be beneficial to both the City and the Rink; also advising that, as the tenders for the replacements of these units exceeded the City's estimate of the cost by almost 50%, the consultant has now recommended that the City purchase the new condensers and use its own resources to do the installation, or that the City retender in anticipation of additional contractors quoting, and that staff will be reviewing these options and making a decision on which avenue to follow; and concluding that it is not anticipated that the actual installation of new condensers will be accomplished until the spring of 1990 at which time the old units will be offered to the Lord Beaverbrook Rink -- be received and filed and Council support staff's position in this matter and notify Thistle-St. Andrews Curling Club that Council regrets that it is unable to assist in this regard. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of MacKnight Motors Ltd. regarding property at 551, 565 and 567 Rothesay Avenue have been completed and that the required waiting period for objections expired on September 27, 1989, with a written objection having been received from Mr. Del Ferguson on September 28, 1989. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the application of MacKnight Motors Ltd. for a Municipal Plan amendment and re-zoning of property at 551, 565 and 567 Rothesay Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on November 6, 1989. Question being taken, the motion was carried. 82-5 COMMON COUNCIL OCTOBER 2, 1989 Read 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 begs leave to report that it sat on September 25, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely: - 1. That as recommended by the Saint John Board of Police Commissioners at the recommendation of the Chief of Police, Council approve an increase to the civilian establishment of the Saint John Police Force to accommodate two clerk-typist positions and one senior computer operator. 2. That as recommended by the City Manager, Council approve the addition of one clerk-typist to the establishment of the Saint John Fire Department, bringing the total complement to 214. 3. That as recommended by the City Manager, Council accept the recommendation of the Saint John Port Development Commission by granting approval of funds, in an amount not to exceed $12,000.00, or 75% of the total visit costs, whichever is the less, for a familiarization tour for representatives from major cruise ship lines to the City of Saint John to be held October 16-18, 1989 coinciding with Port Days 1989. October 2, 1989, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Environment Committee advising that, while it is fully supportive of the establishment of the new Environment Consultation Committee as proposed to Council on September 18 by the Minister of Environment, the Committee is not altogether clear at this time as to the new Committee's precise role or responsibilities, and therefore requests that Council write to the Minister to have established in more precise terms the intended terms of reference for the Committee's operations, including the actions to be taken and the extent to 82-6 COMMON COUNCIL OCTOBER 2, 1989 which this Committee will have available to it, or resulting from its recommendations, adequate finances to fund the priorities to be established, on the basis that, to be credible, the Committee must be able to ensure that specific actions are taken, rather than any study leading only to better and more detailed descriptions of the environmental problems which exist. The letter expresses the understanding that, with respect to the question of additional pollution enforcement personnel being hired by the Province, virtually all personnel to be hired will be dedicated exclusively to watershed protection and that, while this is a critical initiative and one of which the Environment Committee is fully supportive, it would appear that no inspection personnel is to be made available to monitor and enforce Provincial pollution regulations, and recommends that Council write to the Minister outlining support for the hiring of the enforcement officers for watershed protection, but also requesting the hiring of the necessary resource for pollution control, not only in Saint John, but also across the Province; and also recommends that, notwithstanding the comments made by the Minister of Environment to Council on September 18 with respect to some of the questions which were provided to him, the Minister through his staff should provide full and complete answers to all of the questions raised so that the full facts on pollution in the City would be much better understood and a more substantive, and common data base could then be made available to all involved with facts replacing speculation as to the actual situation. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that The Honourable Vaughn Blaney, Minister of Environment, be requested to respond to the matter contained in the above letter from the Environment Committee. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from Chief of State of the Office of the Minister of Energy, Mines and Resources, acknowledging Common Council resolution of September 11, 1989 in support of the Point Lepreau 11 Nuclear Generating Station, and assuring Council that it will receive careful consideration -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Harold Wright referring to a newspaper article of August 31, 1989 concerning the call for tenders for repairs to the Loyalist or Old Burial Ground, and requesting postponement of any work in this cemetery and referral of the matter of the Old Burial Ground to the Preservation Review Board for consideration as a preservation area, and the preparation of a master plan for the Cemetery along the same lines thereafter; and listing several questions which must be addressed before one stone is touched in the Old Burial Ground -- referred to the City Manager for examination. Mr. Sheridan explained that the work currently underway in the Burial Ground concerns safety, not restoration or preservation, and that proper foundations are being put under stones which are in danger of falling or being pushed over. Question being taken, the motion was carried. On motion of Councillors Landers Seconded by Councillor M. Vincent RESOLVED that the letter from Barry McGrath and Carol Brewer, organizers of a benefit auction for Daniel Stephen, a four- month old child who will be undergoing open heart surgery, to be held on October 6, 82-7 COMMON COUNCIL OCTOBER 2, 1989 1989, requesting for the auction the donation of two hours of ice time at a local arena; and advising that the auction proceeds will be put in trust to cover the family's expenses -- be received and filed and Council approve a grant in an amount equal to two hours of ice time. The initial motion proposed by Councillor Landers and seconded by Councillor M. Vincent was that staff review the above request, and Mr. Robichaud expressed the opinion that the City Should charge for the time so that the revenue budget is maintained properly and that Council subsequently consider grant approval for the amount in question. Councillor Landers subsequently proposed a motion, which was seconded by Councillor Coughlan, that this matter be referred to the grants committee; however, upon Councillor M. Vincent's observation that the auction is to be held on October 6 and Deputy Mayor Gould's suggestion that, if Council wished to approve the request at this time, the previous motions be withdrawn, such motions were withdrawn with the consent of the movers and seconders. Mr. Robichaud advised that the above amount would be in the vicinity of $150.00. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Victorian Order of Nurses (Saint John) Inc. requesting financial assistance to aid in holding a Saint John By-the-Sea Night during the 1990 VON Canada 92nd National Annual Meeting to be held at the Trade and Convention Centre on October 18 to 20, 1990 -- be referred to the Grants Advisory Board for a recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Saint John Dart Club Inc. for special premises (sporting) and entertainment licenses, with respect to premises at Haymarket Square, will be held on October 4, 1989 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk