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1989-10-16_Minutes 82-23 COMMON COUNCIL OCTOBER 16, 1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of October, AD. 1989, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councilors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and A Vincent - and - Messrs. G. Taylor, City Manager; N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Hanlon, Purchasing Agent; R. Johnston, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on Tuesday, October 10, 1989, be approved: AND FURTHER that the letter from the City Manager (copies of which were forwarded to Council members as an information item) advising that the City's involvement with the visit of the Cunard Princess Cruise Ship to Saint John was limited to supplying tourist literature for distribution to the visitors, and that any other costs associated with hosting this ship were incurred by the Saint John Port Corporation as part of its efforts to encourage more Port traffic, be received and filed. Her Worship the Mayor asked that the above-mentioned letter be made public in response to Councillor Fitzpatrick's query in this regard at the last meeting. Question being taken, the motion was carried. Her Worship the Mayor commented on the October 22 Bon Voyage Send-Off for Miss Saint John 1989 Deann Arnold, who is departing for Toronto to compete in forthcoming Miss Canada Pageant; advised that the Mayors of the Cities of New Brunswick Association will on October 19 in Ottawa present to the House of Common Standing Committee their position on Via Rail; noted that St. Joseph's Hospital will be holding its 75th Anniversary Dinner on November 23 at the Trade and Convention Centre, and that Port Days 89 commences today in Saint John; and proclaimed October 23 to 29 to be Pastoral Care Week, and the month of October 1989 to be Saint John Quality Month in recognition of the efforts of practicing quality professionals in the City of Saint John and the Province of New Brunswick in advancing awareness of quality. Consideration was given to a letter from Mayor Wayne requesting that By-Law Number M 105, with respect to the control of dogs in the City of Saint John, be thoroughly reviewed to see if it meets today's needs, in view of the recent situation in the City, and that the City Solicitor and the City Manager review this By-Law and report to Council as to whether or not they feel the proper controls are in place and also that the City Solicitor review the Municipalities Act and report to Council as to just what options are open to Council. 82-24 COMMON COUNCIL OCTOBER 16, 1989 Consideration was also given to a letter from Mr. Blaine Harris advising that he has called the Police on a number of times to complain about two pitbull dogs running loose; and requesting that Council put in place a by-law to ban this type of dog and any other type of dog that is not used as a family pet, with the exception of dogs licensed as guard dogs or dogs used and approved for this nature. Her Worship the Mayor advised that, having discussed her concern with the Legal Department to determine whether or not exclusions can be made to the Dog By-Law and as it appears that other cities and provinces exclude certain types of animals, this matter should be referred to the City Manager and appropriate staff for review and a report to Council, and asked that the letter from Mr. Harris be the subject of a separate motion and be referred to the Police Department which is carrying out an investigation in this regard. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above letter from the Mayor be referred to the City Manager and appropriate staff for review and a report to Council. Councillor Coughlan suggested that staff should address the recent situation involving pitbull dogs which led to Police and the Animal Rescue League involvement on the basis of whether or not the Police Department is equipped to address such an occurrence involving any animal running loose in the City on a Saturday or Sunday evening. Assistant Deputy Chief McNamee advised that the same actions would have taken place regardless of the time or day of the week and that his is currently preparing a report for the Chief of Police on the matter of gun fire at the recent situation and further that the Animal Rescue League can be reached by the Police on a 24-hour basis. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above letter from Mr. Blaine Harris be referred to the Chief of Police. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager submitting a proposed Letter of Agreement with C.U.P.E. Local 18, the City's outside workers, which brings to a satisfactory resolution the matter of seniority lists which have been discussed at various labor-management committee meetings by amending article 9(b) of the working agreement with Local No. 18, and establishes one seniority list for outside workers, divided into a permanent and established employees group and a seasonal employees group; advising that both parties view this change as providing more clear interpretation and easier administration of the seniority provisions of the working agreement, and recommends that the Mayor and Common Clerk be authorized to execute the Letter of Agreement. On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement with C. U. P. E. Local No. 18, with respect to seniority lists. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the 82-25 COMMON COUNCIL OCTOBER 16, 1989 City Manager, the tender of Pavecare Industries be accepted for the supply of QPR2000 pavement repair material at a cost of $175.00 per tonne. Councillor Knibb expressed concern that Atlantic Colas Ltd. of Saint John, although the low tenderer, is unable to supply the specific type of pavement repair material, to which Mr. Robichaud explained that Atlantic Colas supplies a cold- mix product which provides only a temporary patch, while QPR2000 is a permanent patch material, and that Atlantic Colas is fully aware of the latter product but does not seem to be prepared to produce it, although it may be that the material is under franchise. 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 following tenders be accepted:- (1) Lorne Brett Chev. Olds. Ltd. for supplying 1 Cargo Van at a cost of $24,464.00 plus tax; and (2) Downey's Ltd. for supplying 1 only 3/4 ton cab and chassis at a cost of $28,743.00 plus tax. Councillor Fitzpatrick asked if the 3/4 ton truck is to be used only to respond to after-hour trouble calls as indicated in the above report, or if it will be used also for regular day work, to which Mr. Butler replied that the vehicle in question will be used primarily after hours by the recently-established dispatcher duty persons who will be mobile and respond to problems thereby eliminating the necessity of calling in additional staff and resulting in an approximate $20,000 saved yearly, and that the vehicle in question will be equipped with a cellular phone and mobile alarm equipment so as to monitor activity at treatment plants and pumping stations if the vehicle is away from the normal worksite at Rothesay Avenue, and he replied in the negative to the question of whether or not the equipment could be placed in an existing City vehicle which is not used in the evening on the basis that the vehicle to be used will be special to the equipment so that equipment would not have to be changed daily and space must be available in the cab for the equipment. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with regard to parking on Grandview Avenue, which was given first and second readings on October 10. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 respect to parking on Grandview Avenue, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Mr. Taylor made the observation that, with regard to Council's request that prior to third reading of the above amendment the businesses on Grandview Avenue be contacted, staff does not as a matter of policy contact residents of streets where Traffic By-Law amendments are being proposed and that, unless otherwise directed by Council, staff will not initiate such practice. Mr. Armstrong advised that staff received no negative comments from the approximate nineteen businesses contacted regarding the proposed amendment. 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", was read in its entirety. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the 82-26 COMMON COUNCIL OCTOBER 16, 1989 procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of The Bright Works, Limited, regarding property at 1361 Hickey Road have been completed and that the required waiting period for objections expired on October 11, 1989 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of The Bright Works, Limited, for a Municipal Plan amendment and re-zoning of property at 1361 Hickey Road 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 20, 1989. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-187 A Law To Amend The Zoning By-Law Of The City Of Saint John", by deleting the words "Commissioner of Works" from Section 880(10) and inserting in their place "Building Inspector", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-187 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. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-188 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar as it concerns re-zoning a 5-acre parcel of land located on the east side of Heather Way approximately 300 feet south of Hickey Road (L.R.I.S. Number 342220), from "RS-2" One- and Two-Family Suburban Residential and "RM-2" High- Rise Multiple Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the above re-zoning be subject to the following requirements:- (a) the developer to develop the land in accordance with the "revised proposal" including the proposed cross section; (b) a fence be constructed separating the proposed development from the adjacent apartment development in accordance with drawings to be approved by the Development Officer; and (c) landscaping be developed and maintained in accordance with a plan approved by the Development Officer. The by-law entitled, "By-Law Number C.P. 100-188 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. 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 Tuesday, October 10, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, 82-27 COMMON COUNCIL OCTOBER 16, 1989 Fitzpatrick, Flewwelling, Gould, Knibb, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Grants Advisory Board, (1) A grant of $200.00 be approved for the Mental Health Nurses Group for a Provincial Conference in Saint John on November 2, 1989; and (2) a grant of $200.00 be approved for the Canadian Mink Breeders Association for a national meeting in Saint John in September 1989. 2. That the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1990, of the Saint John Harbour Bridge Authority, in compliance with the agreement between Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. 3. That as recommended by the Saint John Board of Police Commissioners, due to Mr. Stuart Healey's inability to act as a City Nominee, Mr. Gary Lawson be appointed to replace Mr. Healey as the City's nominee in the following matters of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievances respecting:- (i) L. S. Duffy's non-selection for C.I.U., involving article 9(5) and others; (ii) D. E. Brien's non-selection for C.I.U., involving articles 4:01, 9(5) and others (iii) assign Cunningham duties/ID duties rightful member, involving articles 5, 8(17), 9(7) and others, and Letter of Agreement; (iv) W. J. Crowley's non- selection for C.I.U., involving articles 4:01, 9(5) and others; and (v) C. J. Porter non- interview/selection polygraph, involving articles 1 :01, 4:01, 7:05, 9(5) and others of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 4. That as recommended by the Saint John Board of Police Commissioners, due to Mr. Stuart Healey's inability to act as a City Nominee, Mr. Mort Grover be appointed to replace Mr. Healey as the City's nominee in the following matters of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievances respecting:- (i) J. R. Martin's non-appointment to Detective Inspector, involving articles 4:01, 9(5), and others; and (ii) candidate selection criteria, involving articles 4, 7:05(c) and others of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 5. That as recommended by the Saint John Board of Police Commissioners, due to Mr. Stuart Healey's inability to act as a City nominee, Mr. Mark Giberson be appointed to replace Mr. Healey as the City's nominee in the following matters of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievances respecting:- (i) vacant position GIS, involving articles 4:01, 8:22, 9:05, 1503-802 and others; (ii) non-appointment I/C Drug Squad, involving articles 1 :01, 4:01, 9:02, 9:05, 10:03 and others; (iii) performance evaluation form, involving article 8 and others; (iv) platoons doing investigations, involving article 9 and others; and (v) P.F. Bonner non-selection auto theft course, involving articles 4:01, 7:05, 9(5) and others of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 6. That as recommended by the Saint John Board of Police Commissioners, due to Mr. G. D. J. Cohoon's inability to act as a City nominee, Mr. Mark Giberson be appointed to replace Mr. Cohoon as the City's nominee in the matter of an arbitration of C.U.P.E., grievance respecting B. E. Connell removal from permanent position, involving articles 9(3),22(11) and others of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 7. That as recommended by the Saint John Board of Police Commissioners, due to Mr. G. D. J. Cohoon's inability to act as a City nominee, Mr. Mort Grover be appointed to replace Mr. Cohoon as the City's nominee in the matter of arbitration of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., grievance respecting constables assessing probationary constables, involving various articles of the current working agreement between Local No. 61, C.U.P.E., and the City of Saint John. 8. That as recommended by the City Manager, (1) the City accept the quotation from the Coronation Insurance Company for $1,000,000 limits, with a 82-28 COMMON COUNCIL OCTOBER 16, 1989 $10,000 deductible, for a premium of $16,236 for a public officials liability insurance policy; and (2) the City amend the "Self Insuring Policy Statement" presently in place to include the following exclusion: (c) those who are protected by insurance coverage, purchased by the City. 9. That as recommended by the City Manager, (1) the City land at 119 Queen Street (L.R.I.S. Number 6320) be sold to Saint John Non-Profit Housing Inc. for a price of $12,000.00; (2) the land at 113 Queen Street (L.R.I.S. Number 3822) be acquired from the Province of New Brunswick for a price of $5,000.00; and (3) upon acquisition of the Provincial property known as L.R.I.S. Number 3822, it be sold to Saint John Non-Profit Housing Inc. for a price of $5,000.00. 10. That as recommended by the City Manager, the City take the appropriate action to cancel the lease with the Province for the Water and Sewerage Department facility at 74 Carmarthen Street. October 16, 1989, Saint John, N.B., \ Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Landers 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 Rogers RESOLVED that section 2 of the above report be adopted. Councillor A. Vincent expressed opposition to the personal use of Bridge passes by Authority members. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 4 of the above report be adopted. Councillor A. Vincent expressed the understanding that the above grievance concerns a matter of approximately 18 months ago which has been subsequently resolved by an agreement, and expressed opposition to expending funds on a grievance that has already been settled. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded By Councillor Coughlan 82-29 COMMON COUNCIL OCTOBER 16, 1989 RESOLVED that section 5 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 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Preservation Review Board submitting a copy of a letter forwarded by the Board to the Planning Advisory Committee opposing the demolition of the historic residence at 207 Princess Street on the basis that demolition of this residence would diminish the historic quality and streetscape beauty of Princess Street -- be received and filed. Councillor Rogers, a member of the Preservation Review Board, explained that the Planning Advisory Committee asked the Board for its opinion respecting the demolition of the building in question and that the Board's opposition is based on the age and architectural value of the building and its enhancement of the historic character and attractiveness of Princess Street, although 207 Princess Street is outside the Preservation Area and the Board has no control over its demolition. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Benoit Bouchard, Minister of Transport, responding to Common Council resolution of August 14, 1989 regarding VIA Rail; noting the Federal Government's decision to maintain a national, affordable and sustainable rail passenger network, and submitting a press package which elaborates on the decision, plus additional background material for Council's information -- be received and filed: 82-30 COMMON COUNCIL OCTOBER 16, 1989 AND FURTHER that the memorandum from the Federation of Canadian Municipalities (copies of which were forwarded to Council members as an information item) submitting copies of a communique released by FCM on the subject of VIA Rail Conference held in Saint John on September 14-15, 1989 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable R. D. Doucett, Chairman of New Brunswick Power, responding to Common Council resolution of September 11, 1989 in support of Lepreau II; advising that, with respect to the early commencement of Point Lepreau II, a necessary step is for the Federal Government to make a formal proposal to the Province of New Brunswick, and the Province would then decide whether or not to proceed to detailed negotiations; also advising that the market is being assessed for the energy and it is too early in the process to define the portion needed to be exported and, similarly, it is too early to decide on the best location for the engineering office; and concluding that NB Power and the Province of New Brunswick share Council's view that Point Lepreau II has the potential for considerable benefits to the Saint John area and the Province as a whole and that it is their objective to ensure that New Brunswick reaps maximum benefits from such a project, and that Council's continued support will be important as they proceed through the decision process -- be received and filed. The Mayor advised that she will provide for Council members copies of the presentation made by The Honourable Gerald Merrithew, Member of Parliament for Saint John, to the Rotary Club of Saint John and the Board of Trade, on this date, regarding Point Lepreau II, and Deputy Mayor Gould made the observation that the Chairman of the Commission indicates that it is too early to decide on the best location for the engineering office. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mr. E. Gerard Burchill requesting to purchase one half of the fire land adjacent to his property at 213 Loch Lomond Road -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Dorothy E. Murray requesting Council's approval and assistance in obtaining the fire lane to the rear of her property at 10 Ridge Street East -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Lloyd Furze of 41 Northumberland Avenue advising that, although the sidewalk on Northumberland Avenue received a seal coating of asphalt in June 1989, the section of sidewalk in front of 41 and 37 Northumberland Avenue was not done, and requesting that this portion of the sidewalk be asphalted -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 82-31 COMMON COUNCIL OCTOBER 16, 1989 On motion of Councillor Rogers Seconded by Councillor A. Vincent RESOLVED that the letter from the Remembrance Day Parade Committee advising that it has been made aware of correspondence between Mr. Lloyd G. Parlee and the City Manager with regard to making the War Memorial in King Square more visible when viewed from King and Charlotte Streets; expressing the opinion that a project of selected pruning and/or removing the trees that obscure the Cenotaph to pedestrians should commence immediately with completion by Remembrance Day, November 11, 1989, and that this project would be a fitting tribute of remembrance to all veterans, on this 75th anniversary of World War I and the 50th anniversary of World War II; and requesting Council's consideration in this matter -- be referred to the City Manager for a report to Council. Mr. Taylor advised that, as indicated in his letter to Mr. Lloyd Parlee (copies of which were forwarded to Council members as an information item on August 14, 1988), it was the intention of the City to review the matter of tree pruning in King Square, and that this is being done. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Harold Wright advising that, further to his letter considered by Council on October 2 regarding the Old Burial Ground, Mr. B. Sheridan informed him of the work being done by the Parks Department in both this cemetery and the Church of England Cemetery, which is of a short-term nature, and commending Mr. Sheridan and his staff for the concern they have for the cemetery and the initiative they have taken to rectify the problems as they see them; and explaining that his major concern is of a long-term nature which, he feels, can be only addressed by a study of his request by the Preservation Review Board that the burial ground must be included in the Trinity Royal Preservation Area -- be referred to the City Manager and the Preservation Review Board. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Theresa Guitar for the re-zoning of property at 257 Westmorland Road 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 20, 1989. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. In reply to Councillor A. Vincent's observation that action must be taken to prohibit hunting in Rockwood Park and within the city, the Mayor advised that the City Manager and the Police Department are reviewing this matter and will submit a report to Council. Question being taken, motion was carried. 82-32 COMMON COUNCIL OCTOBER 16, 1989 Common Clerk