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1990-09-24_Minutes 82-561 COMMON COUNCIL SEPTEMBER 24, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of September, AD. 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Brown, Assistant City Manager - Development; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; W. Edwards, Acting Director of Works; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Baird, Manager - Development; B. Deep, Visitor Services Coordinator; Ms. Y. Huntington, Director of Tourism; Ms. K. Richard, Convention Officer; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend David Jamer of Saint John Alliance Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on September 17, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed September 25 to 30 to be Kids Care Safety Hunt Week in the City of Saint John and, having welcomed to the Council Chamber Bonnie Bishop and Anne Pond, Ms. Pond addressed Council with respect to the new national awareness program instituted by the Department of Consumer and Corporate Affairs focusing on child safety related to consumer products that are potentially hazardous to children; and explained that the Kids Care Safety Hunt, as the first kids' care activity, is being carried out by the Saint John Public Health Nurses in cooperation with the Saint John Fire Department and involves the collection and disposal of cribs, baby walkers and accordion-style expandable baby gates that do not meet current safety standards and are therefore safety risks to children. Her Worship the Mayor extended congratulations to Ms. Pam Vincent on the recent opening of the Parkerhouse Inn at 71 Sydney Street; and presented cheques, on behalf of the Society of American Travel Writers which recently visited Saint John, to Mr. Richard Smith and members of the Super Steel Band who entertained the Society, and Messrs. D. Morrison and B. Elliot, members of the Saint John Y's Mens' Club, who catered to the Society's lobster dinner at Fisher Lakes. Her Worship the Mayor extended condolences to The Honourable Laureen Jarrett, New Brunswick Income Assistance Minister, and her family on the death of her son, Donald, in a car accident on September 21. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to Jarrett family on the death of Donald Jarrett. 82-562 COMMON COUNCIL SEPTEMBER 24, 1990 Question being taken, the motion was carried. Councillor Coughlan commented on the September 22 labour rally in Saint John involving in excess of 5,000 persons who marched in support of Local 601 of the Canadian Paperworkers Union, on strike at Rothesay Paper Ltd. since April 1990; and suggested that, while it is not appropriate usually for civic government to become involved in private business and its affairs, in view of the fact that this situation has been ongoing for some time and affects all members of the community, it would be appropriate for Council to adopt a resolution to encourage both parties to return to the bargaining table to settle this matter and to offer the City's services, if there is expertise in the Human Resources Department or in the civic unions, in an attempt to reach an expeditious resolution. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John forward a letter to both parties involved in the Rothesay Paper Ltd. strike encouraging management and the union to return to the bargaining table in an attempt to resolve the problems that exist. The mover and seconder of the motion agreed to delete from their initial motion the offer of the City's services through the Human Resources Department on the basis of Mr. Rodgers' advice that the resolution should stop at the point of encouraging both sides to return to the bargaining table. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention by the President of the Saint John Law Society that the Federal Court of Canada will be locating office and courtroom facilities in Fredericton, New Brunswick; suggesting that it seems only logical that Saint John should be the location of any such Federal Court facilities for the reason that, in New Brunswick, Saint John has the most business in the Federal Court because of (1) shipping/admiralty; (2) immigration cases; and (3) expected Goods and Services Tax cases due to the Goods and Services Tax offices being located here; and asking that Council adopt a motion to write to The Honourable Kim Campbell to see if the Federal Court of Canada will locate these facilities in Saint John -- be received and filed and the Mayor's request be approved, with a copy of Council's letter to be forwarded to the two Saint John persons recently appointed to the Canadian Senate. Question being taken, the motion was carried. Consideration was given to the letter from Councillor Fitzpatrick (which was tabled on September 17 until a Council meeting at which the Mayor is present) regarding a statement attributed to Mayor Wayne in the September 6, 1990 issue of The Evening Times-Globe newspaper, and referring to section 18(3) of the Municipalities Act concerning qualification for candidates for the office of mayor or councillor with respect to residence. Councillor Fitzpatrick asked the Mayor which Councillors she thinks should be replaced by outsiders and expressed the presumption that the Mayor understands that the issue is covered under section 18(3) of the Municipalities Act; and, upon the Mayor's request for a motion, he proposed that the Mayor explain the meaning behind her remarks in the newspaper of September 6. The Mayor replied that it was a tongue-in-cheek remark during an interview and that it was only one part of the interview. 82-563 COMMON COUNCIL SEPTEMBER 24, 1990 On motion of Councillor Landers Seconded by Councillor Fitzpatrick RESOLVED that the letter from Councillor Landers submitting a copy of a letter from Janet Kidd, a local entertainer, concerning the effects on her voice from environmental problems in the City; suggesting that Council has to be continually seeking solutions and co-operation from industry and the Provincial Government to alleviate this most distressing situation; and recommending that City staff be asked to forward Mrs. Kidd's letter to the Provincial Environment Minister, Saint John's Federal Member of Parliament, and the City's Environment Committee -- be received and filed and the recommendation adopted. The Mayor expressed the understanding, based on a conversation with Ms. Kidd, that Ms. Kidd thinks her problem is related to the potash situation, and the mover and seconder of the above motion concurred that the Minister should be asked to review the potash situation as it is an area which has not been dealt with by the City, other than on one previous occasion involving the dry dock; and during discussion the recent appointment of a new District Medical Health Officer for Saint John was noted, and the Mayor advised that the tri-Ievel committee was asked by the Lung Association if funding was available to assist Dr. Robert Bevridge in his studies on the health effects of air pollution and that the Association was subsequently asked to assist Dr. Bevridge in applying for funding through a source identified by the Province. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Landers recommending that, due to the misunderstanding over the past while in reference to fluoridation of the City water supply, Council be apprised by staff, on a weekly basis in writing, of the progress of the implementation of fluoridation of the water supply -- be received and filed and staff apprise Council on a monthly basis. During discussion the mover and seconder of the motion concurred that monthly reports could be submitted following Mr. Taylor's suggestion that, based on the timeframe for the project and the schedule presented recently to Council, monthly reports would be much more appropriate simply because, with the negotiations conducted with the consultants, certain activities are scheduled to be carried out monthly; however, if something immediate or important arises during that time frame, he will report to Council; and Mr. Armstrong advised that tenders will be advertised in the near future for the supply of material for delivery in December and that, while fluoridation was not a topic of discussion on the agenda of the Atlantic Section of the American Water Works Association conference in Saint John the week of September 17, staff had discussion with the City's consultants who were in attendance at the conference. (Councillor Rodgers entered the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the letter from Councillor Landers requesting that, in the near future, the City Manager arrange to have the appropriate senior staff, including the City's Emergency Response Team, apprise Council of the City's emergency plan; and suggesting that a public teach-in would be of benefit to both Councillors and the general public -- be referred to the City Manager to schedule a presentation. Mr. Taylor advised that he would discuss the scheduling of a presentation of the above nature with Emergency Measures Officer C. Robichaud and advise Council at its next meeting in this regard. 82-564 COMMON COUNCIL SEPTEMBER 24, 1990 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Councillor Fitzpatrick asking that the Mayor and Councillors attending the September 22 tour of the North End observe the junked and abandoned cars situated on the vacant lot at the corner of Adelaide and Metcalf Streets; and recommending that staff immediately begin action to have this unsightly property cleaned up -- be referred to the Building Inspection Department to look into the lot in question and other lots in the City which are unsightly and on which there are junked cars. The Mayor expressed the understanding that, in accordance with Deputy Building Inspector B. Steeves who accompanied Council members on the North End tour, the lot in question has been cleaned up and is now a parking area, and Mr. Johnson added that staff is in contact with the owner of the lot in attempt to have it cleaned up and to make it a decent parking lot if that is to be its use. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $7,000 be accepted from Thomas Construction Ltd. as security to ensure the rehabilitation of the gravel pit at 370 Latimore Lake Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the low tenders, as indicated in the submitted bid summary, be accepted for the supply of plow blades and cutting edges for the 1990-91 winter season, and that the request of Blackwood Hodge Equipment Ltd. to be permitted to withdraw its bid on item 25 be granted. Mr. Hanlon explained that, as the above item is currently subject to a 13 1\2 Federal Sales Tax which will be replaced at the end of the year by a 7% Federal Goods and Services Tax, the price of the plow blades received after January 1, 1991 will decrease slightly. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Erb's Enterprises Ltd., in the amount of $53,500, be accepted for interior renovations at the East Works Garage. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of McNulty Cartage (1987) Ltd., at the prices stated in the submitted bid summary, be accepted for the supply of winter sand. Question being taken, the motion was carried. 82-565 COMMON COUNCIL SEPTEMBER 24, 1990 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Maritime Hydroseeding (1988) Ltd., at a total cost of $23,081, be accepted for the application of fertilizer, grass seed and mulch by hydroseeding at the Piggery Pit, Hickey Road and the Champlain Heights Pit, Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of 50,000 be accepted from F. Andrew Simpson Contracting Ltd. as security to ensure the rehabilitation of the gravel pit located at 1600 Sand Cove Road. Mr. Johnson expressed the understanding that there will be a lease between the Province, which owns the above pit, and F. Andrew Simpson Contracting Ltd., and explained that, with respect to the 2:1 minimum slope requirement in this instance rather than a 3: 1 slope requirement, the pit in question is a long-depleted pit and the policy adopted by Council in March 1989 allows for a different standard with respect to rehabilitating existing pits for which there were no bonds. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, money or a surety bond in the amount of $3,000, be accepted from McNulty Cartage (1987) Ltd. as security to ensure the rehabilitation of the gravel pit located at 475 City Line. Mr. Johnson explained that the pit part of the above operation occurs within another jurisdiction and not within the City, and the part for which a license is being issued is basically the stockpiling that will occur inside the City limits; and that, with regard to the concern about the condition of the waterfront area, suggested that Council could consider a recommendation to the Province that the current licensee be forced to rehabilitate the beach portion of the pit when the license expires. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 90-21, McAllister Drive street reconstruction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $263,901.30, 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 Gould RESOLVED that the report from the City Manager advising that, following complaints to the Building and Technical Inspection Services Department in June 1990 from the Red Head area concerning an electrified fence which was installed by the owner of a property in an RF zone to control (fence in) animals as neighbours were concerned that their children might be at risk as a result of 82-566 COMMON COUNCIL SEPTEMBER 24, 1990 this installation, staff engaged K. M. Carson Limited, a local electrical consultant, to review the installation, the existing standards and to make any recommendations that were appropriate, and the installation was found to be safe and the CSA standard concerning this type of electrified fence adequate to ensure that this type of fence is not dangerous; also advising that, with regard to the consultant's recommendation that warning signs be erected in suitable locations to advise the public of the existence of the electrified fence, the owner of the property with the electrified fence has agreed to erect warning signs reading "Caution - Electric Fence"; further advising that staff does not feel that a Zoning By-Law amendment requiring the erection of warning signs is appropriate at this time as there has been only one fence of this type erected in the City which has generated public concern and that owner has agreed to post warning signs; and recommending that this report be received and filed and that the public be advised that the electrified fence in Red Head is not a hazard and that no further action be taken -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from the City Manager advising that Mr. Ralph D. Poley, solicitor for Jessie Isabella O'Brien, has requested an easement permitting the encroachment of his client's building at 213-215 Guilford Street upon Guilford Street; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Jessie Isabella O'Brien to permit the encroachment of her building upon Guilford Street; such easement to terminate with the destruction or removal of such encroachment. 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 September 17, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the necessary advertising be authorized with respect to the proposed closing of the 20-foot wide reserved road commencing on Chesley Drive north of Bentley Street and running westward a distance of 250 feet. 2. That as recommended by the City Manager, Mrs. Geraldine Chittick be advised that the City is not interested in acquiring the property at 154 Rockland Road at the present time. September 24, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted. 82-567 COMMON COUNCIL SEPTEMBER 24, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Board of Police Commissioners advising of its adoption on September 18, 1990, of a resolution indicating that the Board, having been informed by Roderick W. MacKenzie, Q.C. that he has ceased to maintain his ordinary residence within the City of Saint John, declares his position on the Board to be vacant; also advising that Vice Chairman Wendell MacKay was selected as interim Chairman; and requesting that, as per Section 7(4)(c) of the Police Act, a replacement appointment be made for Mr. MacKenzie at the earliest possible convenience -- be referred to the Nominating Committee for consideration, and that Council accept Mr. MacKenzie's resignation with appreciation for his service to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of the Fundamental Baptist Church for the re-zoning of property at 859 Danells Drive Extension 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 October 29, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Dorothy Dawson referring to the vacancy in the City appointments to the Saint John Board of Police Commissioners and to her previous letter to Council regarding the fact that, of the three City appointed members, all have consistently been male appointments; and suggesting that, if Council is sincere in its concept of equality sexes, at least one City appointment should be a female, and that it would be most opportune for the City to show support to the concept of equality of sexes by the appointment of a female member to fill the vacancy; and the letter from the Multicultural Association of Saint John urging Council to consider ensuring recognition of the multicultural nature of Saint John's population and, in particular, the growing number of persons in the visible minority classification in the next appointment to fill a vacancy such as that on the Board of Police Commissioners, and requesting that consideration be given to filling the vacancy with a person who could be considered as a representative of a minority ethnocultural group in the City -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Central Business Development Corporation advising of its Board's discussion, at the request of Messrs. Malcolm and Doug Thorne of Thorcor Holdings Ltd., of the possibility of the expansion of its boundaries to extend to the North End area of the City to include the proposed site of the Deans Hill development; and recommending that, although the Board is certainly in favour of all potential developments for the entire 82-568 COMMON COUNCIL SEPTEMBER 24, 1990 boundaries of the City of Saint John, the City core area not be expanded as its size must be maintained to an area that can be manageable and feasible to be developed to its fullest extent -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Mr. Paul Hastings requesting permission to place his mini home on his mother's property at 899 Old Black River Road -- be received and filed and permission be granted, on compassionate grounds, for the temporary placement of the mini home on the subject property. Mr. Taylor advised that staff discussed the above request earlier this date and that, in accordance with Community Planning Director S. Bedford, it is in order for Council to approve Mr. Hastings' request. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Saint John & District Shuffleboard Association requesting financial assistance with respect to the 26th Annual Canadian Nationals, a six-day event to commence October 2, 1990 in Saint John -- be referred to the grants committee for consideration later this date. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Mr. Ralph V. Mollins for the re-zoning of property at 183 Range 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 October 29, 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