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1990-01-22_Minutes 82-170 COMMON COUNCIL JANUARY 22, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of January, AD. 1990, 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; N. Barfoot, Deputy City Manager; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; W. Butler, Director of Water and Sewerage Services; R. McDevitt, Fire Chief; G. Tait, Deputy Fire Chief; D. Sherwood, Chief of Police; A Martin, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; E. LeBlanc, Insurance Co- Ordinator; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on January 15, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed January 23, 1990 to be Public Relations Day in the City of Saint John; and commented on the January 24 "Cold Turkey" challenge in which 21 communities in New Brunswick will participate in an attempt to have the greatest number of smokers pledge to not smoke for 24 hours. (Councillor A Vincent entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the following items (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting:- (a) a letter from the Chief of Police submitting information on a symposium on illicit drugs; (b) a report from the City Manager regarding tree removals; (c) a Building & Technical Services report for November 1989 from the City Manager; and (d) a report from the City Manager on truck routes. 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 construction progress certificates, namely:- 1. Contract 89-9, McAllister Drive - Westmorland Road Intersection Manatec Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated January 15, 1990 Final holdback release 2. Contract 89-7 - Concrete Work 1989 Contract II Grove Construction (1986) Inc. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 1, 1990 Partial holdback release 3. Contract 89-13 - Pavement Resurfacing Provincially-DesiQnated HiQhways Standard Paving Maritime Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated January 17, 1990 Final holdback release 82-171 COMMON COUNCIL JANUARY 22, 1990 $215,697.00 219,135.90 Nil 186,265.51 $ 32,870.39 $557,671.84 518,498.97 8,300.00 440,724.12 $ 69,474.85 $137,910.00 124,922.09 Nil 106,183.78 $ 18,738.31 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the tender for the supply of municipal castings on an as-required basis for the period ending December 31,1990 be awarded as follows:- Central CastinQs Ltd.- Item 1 - 500 M.H. frames @ $121.55 = $ 60,775.00 Item 2 - 250 M.H. covers @ $ 61.95 = $ 15,487.50 Item 6 - 150 C.B. grates @ $ 82.65 = $12,397.50 $ 88.660.00 Canada Iron CastinQs Ltd. - Item 3 - 250 M.H. covers w/plugs @ $ 80.00 = $ 20,000.00 Item 5 - 150 C. B. frames @ $110.00 = $ 16,500.00 Item 7 - 10 grates @ $ 85.00 = $ 850.00 $ 37,350.00 I.M.P. Group Ltd. - Item 4 - 100 M.H. plugs @ $5.45 = $545.00 Councillor Fitzpatrick asked why, as Canada Iron Castings Ltd.'s tender included a 2% discount for cash payment, this discount was not calculated for item 5 as this would mean that its tender on item 5 is lower than that submitted by Central Castings Ltd. which is recommended by the City Manager for award at its tendered 82-172 COMMON COUNCIL JANUARY 22, 1990 price of $108.20 per catch basin frame; to which Mr. Hanlon replied that the discount was not calculated due to an oversight on his part and that Canada Iron Castings Ltd.'s tender for item 5 should be recommended to Council for approval as it is the low tender. The mover and seconder of the proposed motion to adopt the City Manager's recommendation agreed to change the motion accordingly. Question being taken, the motion was carried. Read a report from the City Manager advising that, as part of Clearview Mobile (Homes) Ltd.'s applications to expand the Moreland Trailer Park and develop the area along Westmorland road for commercial/shopping centre activity, it is proposed to place fill within the flood risk area and that, in accordance with the Flood Risk Area By-Law, this development will require a retention pond of approximately 40,000 cubic yards which the applicant proposes to locate along Ashburn Road on the north side of the Throughway; also advising that, as part of its mandate under the By- Law, the Engineering Department prepared an estimate of the deposit required to ensure that the City could create this flood storage pond if such were required, such estimate including building temporary access roads and excavating the required amount of material, with the estimate for the deposit required by the By-Law being $240,000; and recommending acceptance of a deposit of $240,000. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a deposit in the amount of $240,000 be accepted from Clearview Mobile (Homes) Ltd. for the creation of a retention pond off Ashburn Road in conjunction with the permits to develop Moreland Trailer Park and to develop land owned by Clearview Mobile (Homes) Ltd., L.R.I.S. Numbers 55061139 and 303479 along Westmorland Road. Councillor Flewwelling expressed opposition to further development of the above area and to the proposed location of the retention pond due to its distance from the development, and Mr. Johnson explained that the issue with respect to the Flood Risk Area is not drainage in the traditional sense of drainage of rainwater but is the fact that there is the feature of the tide in the Bay of Fundy which when high requires water storage, and suggested that, due to the technical nature of the matter, a teach-in of Council might be in order. Councillor M. Vincent asked if the above matter relates in any way to the matter of Clearview Mobile (Homes) Ltd.'s proposed re-zoning of Marlborough Avenue property considered at Council's last meeting, to which Mr. Johnson replied in the negative and explained that the security above is in addition to and above and beyond all other security and relates strictly to the Flood Risk Area By- Law. Mr. Rodgers, in reply to a query of Councillor M. Vincent about the acceptance of security and subsequently entering on private property to rectify conditions using the security if there is a deficiency in the agreement, expressed the opinion that, in the same manner as the re-zoning referred to which is to be the subject of a Section 39 agreement, it should be part of the arrangement in question that, if the deposit is required to be used, the owner of the property agrees and has no objection to the City or its agencies entering on his property; and Mr. Johnson added that, as the amount in question is so much larger than any other matter concerning the flood risk area, the purpose of submitting the report to Council at this time is to establish the price and inform Council of the nature and quality of the action proposed, and further that there is provision within the Flood Risk Area By-Law for an agreement and that the City's receipt of an application concerning this matter would probably represent the first time for which it would be appropriate to have an agreement for which Council's approval would be required. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb 82-173 COMMON COUNCIL JANUARY 22, 1990 Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that, with regard to Council's consideration on November 27, 1989 of a letter from Garden Homes Holdings Inc. requesting the removal of a parking restriction on Tartan Street, a review of the situation on Tartan Street has indicated that the existing restriction on overnight parking has worked relatively well and to the satisfaction of the majority of residents who comply with this restriction in the general interest of the community as a whole, and that the existing restriction is also beneficial to street users because improved snow control results in a street that can be used in a more efficient and safe manner; and summarizing that the review by staff has indicated that the reasons for instituting the existing parking restriction are still valid and staff is of the opinion that snow control service has been improved as a result of the restriction and is therefore reluctant to recommend a change in the regulations as requested by the former president of Garden Homes Holdings Inc. and as a result of a mutual agreement between the Company and the residents -- be received and filed and a copy be forwarded to Garden Homes Holdings Inc. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the agreement providing for the payment by the Province of agreed costs in the amount of $594,770.64 for the 1990 summer and winter maintenance of Provincial highways. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the report from the City Manager advising that, further to Isabel Green's letter to Council on January 15, the conditions of Kean Road as reported are substantially correct and staff is of the opinion that corrective measures are of the nature that upgrading of the Road should be considered in the 1990 Capital Program, and that a complete estimate will be prepared and assessed with other projects as part of the capital process; and recommending that the upgrading of Kean Road be referred to the 1990 Capital Budget Committee for its consideration -- be received and filed and the recommendation adopted and Mrs. Green be so advised. 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 two corrections should be made in the documentation submitted to Council on January 8 concerning legal and/or negotiation fees expended by the Saint John Board of Police Commissioners, which indicated a total expended in 1989 of $54,046.97, as follows:- (1) the amount of $43,159.59 indicated as being paid to Petrie and Richmond should be reduced by $2,232.66, and the amount of $2,344.57 indicated as being paid to Mr. Mark Giberson should be increased by $2,232.66; and (2) although a bill was received in December from Central Labour Relations amounting to $4,042.75, the City is only responsible for $2,021.37 or 50% of the total, which would reduce the total amount to $52,046.60; and also advising that, while Council is aware that action has commenced on a number of other arbitrations, the City of Saint John has not received any other bills from either the chairmen or City nominees for services rendered in conjunction with any of the other arbitrations, and that copies of the bills which have been received are available for review in the Councillors' Office on the 8th floor of City Hall -- be received and filed. 82-174 COMMON COUNCIL JANUARY 22, 1990 Councillor A. Vincent asked the status of an anticipated dissenting report from Mr. G. Cohoon who was the City's nominee to a Local No. 61 arbitration board and whether or not Mr. Cohoon is expected to submit an invoice for his service to the City, to which Chief Sherwood replied that Mr. Cohoon has assured him that he will not be submitting a bill to the City and that, while he will consider further the request for him to submit his dissenting opinion, he feels that little purpose will be served by so doing due to the fact that there is no intention on the part of the City to appeal the arbitration board's decision. Councillor Rogers asked if it is the normal procedure for nominees to not submit a report to which Mr. Groody replied that there are cases wherein a nominee will disagree with the majority award and not submit a dissenting report, while in other cases a nominee may feel strongly enough about the matter to do so. Question being taken, the motion was carried. On motion of Councillor Knibb Policy Insurance Company Property Phoenix Continental Automobile Phoenix Continental Liability Phoenix Continental Various Small Policies Various companies Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the 1990 insurance coverage proposal from Huestis Insurance be accepted and authority be granted to pay the following premiums: Premium Including AQent's Fee $ 54,911 85,083 156,384 $ 9,906 $306,284 During discussion Mr. Wilson explained that, of the approximate 22% increase over 1989 in the total premiums, approximately 7% is related to added coverage and increased insured values, with approximately 15% related to experience, and that the City experienced, for example, a fire at a Dominion Park facility and there have been a fair number of claims against the auto fleet insurance, as well as a number of claims in the liability policy which required adjusting and review by the insurance company, and made the observation that the total premium cost is much less than in 1988 and is substantially less than other municipalities in New Brunswick. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Chief of Police submitting a report with respect to the Symposium on Illicit Drugs, which was organized by the Major City Mayors Caucus and the Canadian Association of Chiefs of Police and held in Ottawa in October 1989 -- be received and referred to the Saint John Board of Police Commissioners and the Chief of Police for comment on what, if any action, the City should be taking in this regard. The Mayor commented on representation made to the Cities of New Brunswick Association meeting on January 20 by Police Departments in the Province regarding the matter of drugs. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager submitting a list of locations where the Parks Department will be removing trees, with the removal to begin following publication of a removal notice in 82-175 COMMON COUNCIL JANUARY 22, 1990 the newspaper -- be received and filed. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Building & Technical Services report for the month of November 1989 be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the report from the City Manager responding to questions raised regarding truck routes in the City; citing sections of the Traffic By-Law dealing with truck traffic, and submitting schedules which list the streets covered by the By-Law -- be received and filed and copy be forwarded to the Police Department. The matter of portable scales for weighing trucks was broached and Chief Sherwood advised that, although the City does not have portable scales which would cost approximately $20,000, three Police officers are trained in the weighing of heavy commercial vehicles and he has been ensured by the Provincial Director of Policing Services that the Provincial Commercial Enforcement Officer will come to Saint John to assist in the weighing of heavy commercial vehicles and that this program will be initiated in the City as soon as the streets are clear of snow and ice. Chief Sherwood concurred with Councillor Landers' suggestion that, in view of an accident involving a pulp truck on Hilyard Street on January 20 which could be attributed to the grade of the Street, an alternate route in cases such as this should be considered. (Councillor Fitzpatrick re-entered the meeting during the above discussion.) Question being taken, the motion was carried. Read a letter from the City Solicitor commenting on the legal proceedings commenced on behalf of four former firefighters and a widow of a former firefighter in January 1989 against the City of Saint John and the Pension Board of Trustees for a declaration that further pension monies were owing because the City had refused to calculate into the firefighters' salaries lump-sum vacation pay; advising that, with regard to his discussions with Council and the solicitor for the applicants with a view to a settlement, the Commissioner of Finance has confirmed the following amounts owing to the applicants: Jenkins $11,287, Barry $26,576, Shelly $25,692, Campbell $29,827, and Taylor $18,992, such amounts including interest from September 1986; and recommending settlement. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Solicitor, Council, as a settlement to the court action of Taylor et al v. the City of Saint John et ai, approve payment to Barry & O'Neil in Trust in the amount of $119,933.58, made up of the individual claims plus disbursements of $1,459.58 and party/party costs of $6,100.00; with the Mayor and Common Clerk being authorized to execute any necessary documents and that all documents including releases and discontinuance of the action be subject to the approval of the City Solicitor. Mr. Wilson confirmed that, as the firefighters in question are retired 82-176 COMMON COUNCIL JANUARY 22, 1990 under the Heart and Lung Act and the City is responsible for certain amounts over and above what would be normally paid, the above amount will be paid in total from the City's General Fund. 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 Hughes Surveys & Consultants Ltd., on behalf of Mr. Raj N. Popat, have been completed and that the required waiting period for objections expired on January 17, 1990 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Hughes Surveys & Consultants Ltd., on behalf of Mr. Raj N. Popat, for a Municipal Plan amendment and re-zoning of property at the intersection of Gault Road and Route 7 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 March 12, 1990. Councillor Flewwelling expressed concern that the above location might not be restricted in what could be sold therefrom. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, a parcel of land located at 164 Loch Lomond Road (L.R.I.S. Numbers 317412 and 55021083), from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-193 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 164 Loch Lomond Road (L.R.I.S. Numbers 317412 and 55021083), from "R-2" One- and Two- Family Residential to "1-1" Light Industrial 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 said re-zoning be subject to the following conditions:- (1) the use of the property be limited to the sale and repair of small engines, chain saws, and lawn, garden and leisure equipment; (2) the industrial use of the property be carried on in the existing building; (3) there be no open storage or display of goods and materials in the front yard; and (4) the total area of all signs on the property not exceed 0.4 square metres per metre of lot width. 82-177 COMMON COUNCIL JANUARY 22, 1990 The by-law entitled, "By-Law Number C.P. 100-193 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 Coughlan Seconded by Councillor Landers RESOLVED that the letter from the West Side Preservation and Development Association requesting a grant of $2,000 to assist with the expenses of West Side Days in June 1990 -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from the Team Captain of a team entered by Centracare in the Skate to Care '90 requesting that the $400 rental fee for the Lily Lake Pavilion be waived for the Team's use of the Pavilion on January 20 for a fund-raising dance -- be received and filed and a grant in the amount of $400 be approved. 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