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1990-05-14_Minutes 82-391 COMMON COUNCIL MAY 14,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of May, 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; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage Services; B. Thompson, Deputy Chief of Police; R. McDevitt, Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; C. Campbell, Manager - Policy Planning; R. Adams, Housing and Property Management; B. Malone, Planning; Ms. Y. Huntington, Director of Tourism; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Paul Starrat of Calvary Temple offered the opening prayer. Her Worship the Mayor welcomed to the Council Chamber Mr. Sidney Smith, Head Master of The English High School of Jamaica Plain, Massachusetts, U.S.A, and Mr. Howland, and, at the Mayor's invitation, Mr. Smith addressed Council with regard to the exchange program between his school's students and students of Saint John High School. The Mayor noted that Council members have been invited by students of the Glen Falls School to attend their 12th Annual Living Loyalist Museum on May 16; proclaimed May to be Garden Month and May 14 to 20 to be Tourism Week in the City of Saint John; and commented on the Special Loyalist Day Canadian Citizenship Court Ceremony to be held in the Council Chamber on May 18. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on May 7, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor advised that the City Manager will be out of the City on business from May 16 to May 21 and has asked that Mr. C. Robichaud be appointed Acting City Manager from May 16 to May 21. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that Mr. C. Robichaud be appointed Acting City Manager from May 16 to May 21,1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of the schedule of events for the 205th birthday celebrations of the City of Saint John on May 18, so that Council members and all citizens may participate in these activities, several of which are sponsored by local companies -- be received and filed. 82-392 COMMON COUNCIL MAY 14,1990 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt May 2-8, 1990 $11,128.88 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 tender for uniform clothing for the Fire Department be awarded as indicated in the submitted bid summary. Councillor Rogers asked why the lowest bid received met the specifications on only six of the sixteen items to which Mr. Hanlon replied that a number of companies bid on products which are not the same as the present issue insofar as the specification for matching colour and material of the existing uniforms is concerned and further that, as there are a number of distributors which can quote on the items specified, the specification of colour and material would not lead to the same distributor being awarded the tender each year. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager referring to the March 5 presentation to Council in Committee of the Whole by Maritime Sod Limited with respect to its interest in obtaining wastewater sludge from the Millidgeville wastewater treatment plant for use in its proposed manufacture of compost and topsoil, with its pilot operation to commence immediately and continue until fall; advising that the project that Maritime Sod is carrying out is being monitored by the New Brunswick Department of the Environment which has given verbal approval for the City to supply the wastewater sludge to Maritime Sod subject to its inspections on a week-to-week basis; and recommending that Council approve, on an interim basis, that the Water and Sewerage Department may supply sludge to Maritime Sod Limited for use in its pilot project, the sludge to be supplied on the condition that the Maritime Sod site and operation meets all requirements of the New Brunswick Department of the Environment; and further that, upon completion of the project, should Maritime Sod desire to become involved in a long-term arrangement for supply of municipal wastewater sludge, staff present to Council recommendations in this regard -- be received and filed and the recommendation adopted. Councillor Coughlan asked what input the Commissioner of Environment and Infrastructure Services had in the above matter to which Mr. Taylor expressed the understanding that the Commissioner was not involved in this proposal, although the Water and Sewerage Services Department contacted the New Brunswick Department of the Environment which approved the process; however, if the process proceeds, it is likely that Mr. MacKinnon will be involved. Mr. Robichaud confirmed Councillor M. Vincent's observation that, while private enterprise is being favoured in this pilot project, there was a cost to the City to remove the sludge normally; therefore, the project will result in a saving to the City and that no other company than that named above expressed an interest in obtaining the product. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that, 82-393 COMMON COUNCIL MAY 14,1990 regarding the tenders for (1) emergency power system and (2) uninterrupted power supply at the Police Headquarters and the No. 1 Fire Station which was tabled at Council's last meeting relative to some questions with respect to the recommended tenderer, Gardner Electric is located on the Old Black River Road and has been in the business for about ten years, and further that East Coast Consultants Ltd., the City's consultant on this project, is familiar with Gardner Electric and has no hesitation in recommending this Company for the contract; and recommending that this item be taken from the table and the recommendation adopted to award the tender to Gardner Electric. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tenders for (1) emergency power system and (2) uninterrupted power supply at the Police Headquarters and the No. 1 Fire Station be awarded to Gardner Electric in the amounts of $24,200 and $43,727, respectively. 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 Diamond Taxi (Saint John) 1982 Ltd. and Mr. Paul Ram have been completed and that the required waiting period for objections expired on May 9, 1990, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Diamond Taxi (Saint John) 1982 Ltd. and Mr. Paul Ram for a Municipal Plan amendment and re-zoning of 183 Carmarthen Street and 116 and 124 Queen Street 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 June 25, 1990. 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 Mr. William Dugay have been completed and that the required waiting period for objections expired on May 9, 1990, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. William Dugay for a Municipal Plan amendment and re-zoning of 301 Ashburn 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 June 25, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent 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, a parcel of land at 167 Bayside Drive (L.R.I.S. Number 345413), consisting of 4770 square feet with a frontage of 57 feet on the eastern side of Bayside Drive, from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 82-394 COMMON COUNCIL MAY 14,1990 (Councillor Flewwelling withdrew from the meeting.) 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 Fitzpatrick RESOLVED that the by-law entitled, "By-Law Number C.P. 100-203 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 167 Bayside Drive (L.R.I.S. Number 345413), consisting of 4770 square feet with a frontage of 57 feet on the eastern side of Bayside Drive, from "R-2" One- and Two-Family Residential to "B-2" General Business 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:- (a) the site shall be developed in accordance with a site plan approved by the Development Officer; and (b) the rear portion of the lot, having dimensions of 9.1 metres x 15.2 metres (30 feet x 50 feet), and located adjacent to the common lane, shall be used for no other purpose than landscaped open space for as long as the property at 8 Edith Avenue is used for residential purposes. The by-law entitled, "By-Law Number C.P. 100-203 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, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land at 147-149 Bayside Drive (L.R.I.S. Number 345140), consisting of 3500 square feet with a frontage of 35 feet on the eastern side of Bayside Drive, from Low Density Residential to District Centre Commercial 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. 100-204 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 147-149 Bayside Drive (L.R.I.S. Number 345140), consisting of 3500 square feet with a frontage of 35 feet on the eastern side of Bayside Drive, from "R-2" One-and Two-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-204 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 a letter from the Common Clerk submitting a resolution from Legal Session of Council on May 7, 1990. 82-395 COMMON COUNCIL MAY 14,1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the City Solicitor, or his designate, make application to the Court of Queen's Bench for Interpleader Relief with respect to the claims being made upon the City with respect to the money the City is holding in connection with the Rothesay Avenue Gas Bar contract: AND FURTHER that the City Manager, or his designate, give notice and make claim on behalf of the City under Alta Surety Company performance bond number 877334 issued with respect to the Rothesay Avenue Gas Bar contract. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law regarding the City Market be read a second time. Question being taken, the motion was carried. Read a second time the by-law regarding the City Market. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C-115 A By-Law Relating To The Market In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C-115 A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Councillor Flewwelling re-entered the meeting.) Mr. Barry Morrison, Chairman of the Saint John Environmental Consultation Committee, continued his presentation commenced at Council's last meeting with respect to the Committee's Final Report - "A View Of The City", and elaborated on the Committee's recommendations that:- (1) there immediately be a fundamental shift in attitude on the part of government at all three levels in recognition of the fact that the environment can no longer be considered to take second place behind economic interests; (2) there be one government that exercises primary responsibility for the environment in Saint John; (3) no matter who does the job, an effective system of evenhanded enforcement of environmental laws be put in place; (4) the optimum number of inspectors be put in place either as Provincial employees or, if the City is to do the enforcement, then City employees; (5) lawyers skilled in prosecuting environmental laws, and doing nothing but that, be employees on a full- time basis either of the Province or the City; (6) the Province put in place legislation that will facilitate private prosecutions of polluters should citizens wish to pursue that as an avenue; (7) the Judicature Act of the Province be amended so that citizens can seek injunctions from courts to stop industrial pollution; (8) the Province create an environmental improvement capital fund to be funded by fines resulting from prosecutions, and special taxes on fossil fuels; (9) pollution control at source be the primary focus of reducing air emissions in the City of Saint John by requiring the employment of best available control technology of each emission source while compliance with ambient air quality standards and air shed management becomes the secondary point of focus; (10) the City of Saint John, the New Brunswick Electric Power Commission generating plants, the Irving Reversing Falls Mill, the Irving Oil Refinery, the Rothesay Paper Mill, the Atlantic Sugar Refinery and all other private industry, at their own cost, take immediate concrete steps to establish controls on their respective pollution using best available technology; (11) the Department of Environment work 82-396 COMMON COUNCIL MAY 14,1990 with the Department of Health to provide funding for studies like those being presently conducted by Doctor Robert Beveridge on the relationship between respiratory illness and air pollution in Saint John; (12) the Department of the Environment immediately take steps to cooperate with and coordinate law enforcement activities with the Department of Health's District Medical Officer; (13) ambient air quality standards reflected in Provincial air quality regulations be continually reviewed so as to ensure that they are adequately protecting the citizens, taking into account local atmospheric and topographic conditions; (14) water quality regulations be regularly reviewed to reflect the best available technology; (15) the City's Environment Committee, the Provincial Department of the Environment and Environment Canada form an ongoing committee to continually ensure a comprehensive system of monitoring pollution is in place; (16) there be available well-equipped and well-staffed laboratory facilities identified for the analysis of environmental samples; (17) the City immediately enact a smoking by-law; (18) the Department of the Environment jointly with the Department of Education immediately undertake a program of education to sensitize people in Saint John and elsewhere in the Province as to the need for a clean environment; and (19) while acting on the foregoing recommendations, the Provincial Department of the Environment conduct a vigorous public relations campaign to keep people informed, not only of what is being done, but also why. Mr. Morrison responded to Council queries and observations regarding the Committee's report and, with regard to what action the Committee is requesting from the City, advised that the Committee wants the City to act as soon as possible on those areas within its jurisdiction, commencing with the enactment of a smoking by-law and reviewing alternative ways to change the manner in which water and sewerage services are taxed and a method whereby persons residing outside the City and using the City's services can somehow contribute to environmental problems they are helping to cause. The Mayor thanked Mr. Morrison and the Committee members for their efforts on the Environmental Consultation Committee. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Final Report of the Environmental Consultation Committee, "A View Of The City", be referred to the City Manager for analysis and a report to Council. 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 May 7, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the request of the International Literacy Year (1990) Committee of the Saint John Learning Exchange for the City to assist with the cost of a dinner theatre and performances by a national touring play highlighting the problem of illiteracy in Canada, to be held on May 23, 24 and 25, 1990, Council purchase a table of eight for the dinner theatre. 2. That as recommended by the City Manager, Council adopt the following recommendations, related to the future of the City's Tourist Information Centres' operations:- HiQhwav I West Tourism Information Centre - (a) that the City of Saint John and its Tourism Department continue to assume responsibility for the operation of the Highway I West Tourist Information Centre; (b) that staff make arrangements to receive $9,000 82-397 COMMON COUNCIL MAY 14,1990 funding assistance from the Provincial Department of Tourism, Recreation and Heritage to assist with that operation; and (c) that City staff initiate discussions with respect to the participation of outlying communities and those within the Fundy region in the provision and delivery of visitor information services, such to be facilitated through a mutually agreed to program with staffing and related costs to be borne by the participating communities. ReversinQ Falls Tourism Information Centre - (a) that the City of Saint John and its Tourism Department continue to operate the Tourist Information Centre at the Reversing Falls site; (b) that staff continue to identify means by which to improve the Tourist Information Centre service with a view to being more cost-effective; and (c) that the Reversing Falls site be addressed in the City's Tourism Development Strategy as part of the Attractions Inventory and Assessment. Barbour's General Store - (a) that the City of Saint John and its Tourism Department, in partnership with Market Square Corporation and the Brennan family of G. E. Barbour Ltd., continue to operate Barbour's General Store as a combined Tourist Information Centre and museum; (b) that staff continue to develop suitable promotional programs including the existing historic walking tours program that will enhance the attraction's visitor draw; and (c) that Barbour's General Store be addressed in the City's Tourism Development Strategy, as part of the Attractions Inventory and Assessment. The TUQ Tourist Information Centre - (a) that the City of Saint John and its Tourism Department continue its operation of a downtown Tourism Information Centre by making the necessary minor alterations to the Little Red Schoolhouse to facilitate its operation as a full-service Tourist Information Centre in the short-term; and (b) that staff continue to examine the alternatives to a suitable replacement for the Tug Tourist Information Centre. Princess of Acadia - that the City of Saint John turn over the responsibility for the provision of visitor information and counselling services at this entry point to New Brunswick to the Provincial Department of Tourism, Recreation and Heritage. 3. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the necessary agreements with regard to amendments to the Saint John Harbour Bridge agreement with the Government of Canada, the Province of New Brunswick and the Saint John Harbour Bridge Authority, relating to the elimination of future interest payments on the outstanding debt. 4. That as recommended by the City Manager, Jennie Janes be advised that the City is not prepared to acquire the property at 127 St. James Street at the present time. 5. That as recommended by the City Manager, the City grant an easement to NB Tel for land on the northern side of Sandy Point Road between Crowley Road and Kennebecasis Drive to be used as a site for an outside plant module, at a price of $200, with NB Tel to be responsible for all costs necessary to complete the transaction. 6. That as recommended by the City Manager, Common Council approve a revision to the lease with Revenue Properties for the City Hall building as follows: (1) the City will lease approximately 5,000 square feet on the 14th floor as of May 15, 1990 at the rental rates as outlined in the lease; and (2) Revenue Properties agrees to reduce the amount of space the City is obligated to lease on the 15th floor on May 1, 1991, by 5,000 square feet. 7. That as recommended by the City Manager, Coopers & Lybrand Consulting Group be engaged to advise the City on the value of the Little River Water Rights and the value of City assets which are used to supply water to Rothesay Paper Limited, at a fee not to exceed $24,500, plus out-of-pocket expenses. 8. That as recommended by the City Manager, Mr. Matthew J. McPherson be named the City's nominee to the Board of Arbitration with respect to Local No. 18, C.U.P.E., grievance 90-4 on behalf of Mr. Peter Gould. Respectfully submitted, 82-398 COMMON COUNCIL MAY 14,1990 May 14, 1990, Saint John, N.B. On motion of Councillor Rogers (sgd.) Elsie E. Wayne, C h air man. Seconded by Councillor Knibb 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. Question being taken, the motion was carried. 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 with Deputy Mayor Gould voting "nay". 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. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 Rogers RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Councillor M. Vincent asked the procedure by which the Coopers & Lybrand firm was selected to which Mr. Taylor replied that there was no call for tenders and that the firm in question has been used in past negotiations and provided very beneficial information to the City and staff is of the opinion that the Coopers & Lybrand firm has the expertise to again review the situation. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". 82-399 COMMON COUNCIL MAY 14,1990 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Parking Commission requesting that Council adopt the submitted resolution appointing Mr. Ronald Richard Dean as a By-Law Enforcement Officer. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-law Enforcement Officer with the responsibility to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7 and Section 8(1) of the Saint John Traffic By-Law, namely: Ronald Richard Dean: AND FURTHER that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Shirley Dysart, Minister of Education, advising that, further to Common Council resolution of April 9, 1990 with reference to environmental education in the school curriculum, the new curriculum at the junior high school level has a good deal of material on environmental education and her Department is also making some important inroads in the elementary science curriculum; and concluding that her Department can move with confidence in this area of curriculum knowing that its efforts are supported by the Province's largest City -- be received and filed and the Minister be thanked for her response; and further that the introduction of environmental education in the school curriculum at the elementary level be pursued further with the local MLAs. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Hubert Seamans, Minister of Municipal Affairs, advising that, further to Common Council resolution of April 9 regarding a re-examination of the Provincial Blasting Code, he has requested Mr. Tom Jellinek of the Land Use Planning Branch to reconvene the Committee to suggest changes to the Code -- be received and filed with appreciation. Mr. Johnson, the City's representative on the above Committee, advised that the Committee held its first meeting earlier this date. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the Atlantic 82-400 COMMON COUNCIL MAY 14,1990 Canada Section of the American Water Works Association requesting that the City sponsor a luncheon during the Association's Annual Conference to be held in Saint John in September -- be referred to the Grants Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Town of Grand Bay requesting permission to use the Saint John landfill site until the proposed regional solid waste system is in place -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Newport Village Inc. for the re-zoning of 50 Newport Crescent 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 July 9, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk