Loading...
1989-10-30_Minutes 82-53 COMMON COUNCIL OCTOBER 30, 1989 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of October, AD. 1989, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; C. Robichaud Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; 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; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on October 23, 1989, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed November 1 to 10, 1989 to be Poppy Week in the City of Saint John and urged all citizens to wear the Memorial Poppy of the Royal Canadian Legion. Her Worship the Mayor read a letter from The Honourable Vaughn Blaney, Minister of the Environment, which she advised she received in her office late on Friday, October 27 after preparation of the Common Council agenda for this meeting, advising that, being aware of the request by some members of the Council for him to re-appear before the Council at an early opportunity and while he would like to meet again with Council, he feels that a new forum might be a more useful one in terms of realizing positive benefits for the environment of the City, and proposing that he meet the Saint John Environmental Consultation Committee in a forum which will allow a more detailed discussion of the Irving Pulp and Paper Mill and other issues. The Mayor made the observation that the Environmental Consultation Committee will meet on November 1. On motion of Councillor A Vincent Seconded by Councillor Gould RESOLVED that the above letter from the Minister of the Environment (copies of which were distributed to Council members at this time) be added to the agenda and received and filed. Question being taken, the motion was carried. Councillor Rogers stated her disagreement with the Minister's proposal to meet with the Environmental Consultation Committee on the basis that Council invited The Honourable Mr. Blaney to appear before Council and the people of Saint John in open session, and the Committee meeting will not be a public meeting, and further that it was Council, not the Committee, who invited the Minister's presence. Councillor M. Vincent filed with the Common Clerk a copy of a petition 82-54 COMMON COUNCIL OCTOBER 30, 1989 from the Lakewood Heights Home & School Association with respect to the walkway between Summit and Lakeview Drives for use by the City Manager when compiling his report to Council in response to his letter considered at the October 23 meeting. Her Worship the Mayor made available to the Council members the terms of reference and membership of the Saint John Environmental Committee, which were forwarded to the office, and commented on a news release issued on October 27 by the Province regarding the Lancaster sewage lagoon (copies of which were distributed to Council members at this time). On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John express appreciation to the Minister of Environment for the Provincial funding of 2.6 million dollars for the expansion of the Lancaster sewage lagoon. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Elizabeth McFarlane of the Saint John East Food Bank expressing concern over the complete ban of parking on Bayside Drive; explaining that one of the main reasons for locating on Bayside Drive was that, up until now, those bringing food could park on the street directly outside the Food Bank, which has changed in that it is now against the law to park outside even for a short period and, furthermore, if there is an accident there involving Food Bank volunteers, they are completely responsible for all expenses involved; advising that the Food Bank has three choices: (1) to close up, (2) to stay and risk an accident or being fined or (3) try to relocate; and recommending that the Traffic By-Law be amended in this regard -- be referred to the City Manager for a report to Council. Mr. Robichaud advised that, when reviewing the matter previously, it was staff's opinion that the parking lot adjacent to the Food Bank was adequate for its needs. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Coles Express of Bangor, Maine, U.S.A., requesting the Mayor to become a member of the Route 9 Corridor Committee; advising that she has agreed to sit on this Committee, and asking Council's consideration that Mr. Ralph Murray, Senior Transportation Policy Advisor, be allowed to sit on the Committee as well -- be received and filed and her Worship the Mayor and Mr. Ralph Murray sit on the Route 9 Corridor Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that the New Brunswick Municipal Finance Corporation on October 23, 1989 was successful in selling its second bond issue of 1989 of which $8,800,000 was related to the City of Saint John, the terms of the issue, which are within the limits approved by Common Council on October 10, 1989 being as follows:- term: 10 year, serial form in equal annual amounts; coupon rate: years 1.3 - 10.50%, and years 4-10 - 10.25%; price: $99.55; yield to maturity 10.38%; and settlement date: November 23,1989; and recommending that the Mayor and Common Clerk be authorized to 82-55 COMMON COUNCIL OCTOBER 30, 1989 execute the debenture between the City and the New Brunswick Municipal Finance Corporation for $8,800,000 which will set out the terms of the issue listed above -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager submitting a copy of a letter from the General Manager of The Power Commission of The City of Saint John explaining the purpose of its requirement for $2,000,000 in long-term financing; advising that the New Brunswick Municipal Finance Corporation has agreed to include the $2,000,000 in the issue that was sold on October 23, 1989 and requires a resolution from the municipality when bonds are being issued on behalf of a commission, agency or board; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the New Brunswick Municipal Finance Corporation be requested to finance $2,000,000 on behalf of The Power Commission of The City of Saint John, in the form of 1 O-year serial debentures, with a fifteen-year amortization repayment schedule. AND FURTHER that all costs associated with the bond issue be the responsibility of The Power Commission of The City of Saint John. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising of a request by Cherry Brook Zoo for approximately $5,000.00 to move a building to the present Zoo site, with the understanding that it would be transferred to the new site at a later date, such building having been offered to the Zoo and to be utilized for a tool shed and lunchroom thereby leaving the existing building strictly for tending animals; noting that the Strategic Plan calls for major improvements to Rockwood Park and this expenditure will provide a major incentive to relocate the Zoo to the site proposed in the Rockwood Park Development Plan, and also that, although not for making improvements to the current zoo, $30,000.00 was approved in the Capital Budget to cover the cost of design and some site work in order to initiate relocating the Zoo; and recommending that Cherry Brook Zoo be paid $5,191.15 for work done by various companies to relocate the building to the Zoo site -- be received and filed and the recommendation adopted. Councillor M. Vincent, Chairman of the Rockwood Park Advisory Board, expressed the Board's agreement with the above action and its hope that the City will proceed with the provision of funds to allow the Strategic Plan and goal-setting objectives for Rockwood Park to commence. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager commenting on the structural deterioration and minor leakage of the Spruce Lake water storage tank and staff's discussions with the Halifax Water Commission and the City of Fredericton, both of which decided to perform major repairs to their units with the successful contractor in each case being the firm of J. G. Hartling Limited, Contractors and Engineers, Halifax; submitting a copy of a proposal from this Company which viewed the Spruce Lake tank and describing the three phases of the Hartling proposal; and recommending that a purchase order, in the amount of $36,000.00, be placed with J. G. Hartling Limited, Halifax, to conduct the necessary investigations and perform remedial repairs to the Spruce Lake water tank -- be 82-56 COMMON COUNCIL OCTOBER 30, 1989 received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Harold Peer Ltd. be accepted for providing furnace and boiler maintenance for a period of two years at the hourly rates indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manger, contract 89-15, Glenwood Park Subdivision lift station building, be awarded to the lowest tenderer, Pro-Woodworking Enterprises Ltd., at the bid price of $34,803.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager advising that, in response to Mr. John L. Merzetti's letter considered by Council on October 10 questioning whether or not here is a by-law which would prevent people from placing garbage at the curb too soon before collection time and thus lessen the litter problem, the Garbage By-Law actually stipulates that refuse can be placed at the curb after 10 p.m. the night before collection day, or 10 hours before the 8 a.m. collection start; concurring that the problem, as described by Mr. Merzetti, exists although the degree varies depending on section of the City and other conditions, such as wind; expressing the opinion that the problem is not so much related to time of placement at the curb as it is to the type of containers employed by some citizens because, despite the regulations set out in the By-Law concerning the type of container, there is a tendency for residents to use shopping bags and kitchen catchers instead of regulation containers which are generally not properly secured and result in a litter problem; also advising that, to address this problem, a pamphlet relating to sanitation collection is being prepared for circulation to all households following which the By-Law will be more stringently enforced early in 1990; suggesting that the above procedures, already approved by Common Council, will result in a significant reduction of the problem noted by Mr. Merzetti; concluding that the City has embarked on a comprehensive litter management program which is expected to greatly improve the overall litter problem, and that Council will receive a full report on this in the near future; and recommending that a copy of this report be forwarded to Mr. John L. Merzetti of 129 Leinster Street -- be received and filed and the recommendation adopted. Councillor M. Vincent suggested that, as the Garbage By-Law provides two contradictory approaches for placement of garbage, one being a metal or plastic container with a cover, the other being a non-transparent bag, Council should take a stand one way or the other in this regard and amend the By-Law accordingly. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that the above-mentioned conflicting sections of the Garbage By-Law be referred to the City Manager for review and a report to Council. 82-57 COMMON COUNCIL OCTOBER 30, 1989 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager submitting a copy of his report commenting on the Saint John Port Corporation's Corporate Land Use Management Plan, which was reviewed by Council in Committee of the Whole on September 5 and October 23, Mr. 1. E. Reevey, Chairman of the Saint John Port Development Commission having been present to reinforce the Commission's position, as described in a letter to the Corporation dated August 23, 1989, that "no action should be taken that would jeopardize, in the long term, the Port's ability to handle cargoes in volume and efficiency", and the recommendations have been adjusted to reflect the issues raised as a result of the discussion, such recommendations being that (1) the Port be requested to prepare development plans including land use for the Courtenay Bay East, South End, Lower Cove and West Sectors to provide an opportunity for the Port and City to work together to resolve any potential detailed land use conflicts; and (2) if, after prior study and consultation with the City and the Port Commission, it is agreed that portions of the east side of the Port should be redeveloped, then the Port Corporation, together with the other interested agencies, shall work cooperatively with the City to prepare a redevelopment plan for the affected area; and recommending that the submitted report dated August 30, 1989 entitled City Comments be forwarded to the Saint John Port Corporation -- be received and filed and the recommendation be adopted. Councillor Flewwelling made the observation that the Plan suggests that the public should be able to see the Port activities, while at the same time suggests that buffers and fences should be placed in certain areas, and asked how both can be accomplished. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". 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 Doiron's Small Engine Ltd., regarding property at 164 Loch Lomond Road, have been completed and that the required waiting period for objections expired on October 25, 1989, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Doiron's Small Engine Ltd. for a Municipal Plan amendment and re-zoning of property at 164 Loch Lomond 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 December 4, 1989. 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 October 23, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the following recommendations, namely:- 82-58 COMMON COUNCIL OCTOBER 30, 1989 1. That as recommended by the City Manager, 1) the portion of Jones Drive shown as "Part A" on the submitted plan be advertised for closing; and (2) if the road closing is completed, the former road be transferred to Mr. Thomas Lewis McHugh with the understanding that the City is neither explicitly nor implicitly obligated to carry out the road closing. 2. That as recommended by the City Manager, (1) one-half the closed portion of Neptune Avenue adjoining his property be sold to Mr. Jack Kidd to be added to his property for a price of $500 plus 1/2 the costs involved in the transfer of the property; (2) one-half the closed portion of Neptune Avenue adjoining her property be sold to Jean Anderson to be added to her property for a price of $500 plus 1/2 the costs involved in the transfer of the property; (3) a covenant be placed in the deeds that the City will not be responsible to correct any drainage problems that may arise on the properties in the future; and (4) the $500 certified cheques received from each party be held in the City's account to be used as a partial payment when the transfers are made. 3. That as recommended by the City Manager, Mr. Larry Hanley be named the City's nominee to the board of arbitration of Local Union No. 771, I.A.F.F., grievance 89-3, concerning time off in lieu of overtime. 4. That as recommended by the City Manager, Mr. C. E. (Nick) Nicolle be named the City's nominee to the board of arbitration of grievance 89-33 of Local No. 18, C.U.P.E., on behalf of Mr. Richard Frauley. 5. That with regard to the requests of Glenda C. Greene and Guy LeBlanc for the waiver of rental fees at Lily Lake Pavilion for a fund-raising event on behalf of River Valley Ground Search & Rescue Inc., a grant of $550 be approved for River Valley Ground Search & Rescue Inc. 6. That as recommended by the Nominating Committee, Mr. Donald F. Gillis be appointed to the Preservation Review Board for a term to expire June 30, 1992. October 30, 1989, Saint John, N.B. Respectfully submitted, (sgd) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. Mr. Taylor requested that section 2 of the above report be tabled for the reason that there is a title question which needs to be clarified. On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that section 2 of the above report be laid on the table. (Rescinded February 17,1992 Bk. 83 Pg. 371 ) Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that 3 of the above report be adopted. Question being taken, the motion was carried. 82-59 COMMON COUNCIL OCTOBER 30, 1989 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. The Mayor explained that section 5 of the Committee of the Whole report forwarded to Council members in their Council kits differs from that above and that she will address the former section concerning a proposal for a Children's Festival in Committee of the Whole, and requested Council's consideration of section 5 in the above report. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. Councillor Rogers, a member of the Preservation Review Board, asked the status of the Orange Street residents' request that, when a vacancy occurred on the Board, an Orange Street resident be appointed to the Board, and the Mayor suggested that, although the Nominating Committee met the commitment and nominated an Orange Street resident who declined, the matter could be tabled. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that section 6 of the above report be laid on the table for one week. Question being taken, the tabling motion was lost with the majority of Council members present voting "nay". Question being taken, the original motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as requested by the Saint John Annual Santa Claus Parade Committee, Council underwrite, if necessary, any costs the said Committee is unable to meet up to $1,000.00 with regard to the 37th Annual Santa Claus Parade scheduled for November 18, 1989. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Bi- Capitol Project Incorporated commenting on its one-week campaign, based on its one- time "Report to the Public" in the Saint John Telegraph-Journal and The Evening Times-Globe newspapers on October 10, 1989, which involved inviting people to mail in a ballot, asking people to telephone the Project's office and register their support, asking people to register at a booth staffed by volunteers over a 3-day period at Brunswick Square, contacting previous contributors to the initial fundraising campaign, and assisting volunteers who wanted to canvas on behalf of the Project in certain schools, the Regional Hospital, the University and in the offices and workplaces of local businesses, as well as through the acceptance of an offer of GWE Consulting Group Ltd. of Saint John which volunteered to telephone random names from its fundraising lists on behalf of the Project; stating that, on the basis of the unprecedented widespread support which the Project received in 1982-83 (both moral and financial) and the public's clear reaffirmation of its support over the last few weeks, the Board of Directors believes the Project should be completed and that a commitment to do so should be made soon; requesting Council's continuing support and assistance, and 82-60 COMMON COUNCIL OCTOBER 30, 1989 concluding that, if the necessary funds to complete can be found, it is essential to do so at once as it is difficult for the Board to justify an expenditure for additional winterizing that must be completed if funds will not ultimately be made available to complete the Project, and a commitment of those funds in needed now -- be received and filed and referred to staff. Councillor Knibb suggested that Council should express its enthusiasm for the Project and urge the Federal and Provincial Governments to help make possible a worthwhile venture in the completion of a performing arts centre for the City of Saint John. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from B.L.E.U. Non-Profit Housing Inc. requesting Common Council to consider an extension to April 30, 1990 of its option for purchase of land known as Blue Rock Hill in West Saint John, on the basis of its plans to have financing for the project in place n the early part of December and proceed to tender for construction commencement by April 1990 with completion by the fall of 1990, and also that the Company is waiting for the house that was situated on the Legacy property to be moved -- be received and filed and Council grant the extension as requested. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk