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1991-02-11 Council Minutes 82-789 COMMON COUNCIL FEBRUARY 11, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of February, AD. 1991, 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; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; D. Sherwood, Chief of Police; A Bodechon, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Seth Crowell, semi-retired Baptist Minister, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on February 4, 1991, be approved as amended. The Common Clerk advised that the February 4, 1991 minutes are to be amended to reflect that Councillor Knibb, rather than Councillor Gould, voted in opposition to the motion to deny the Malcolm Thorne, Douglas Thorne and Thorcor Holdings Ltd.'s application for a Municipal Plan amendment, re-zoning and Section 39 amendment with respect to properties on Douglas Avenue, Chesley Drive and Main Street. Question being taken, the motion was carried. Her Worship the Mayor proclaimed February 10 to 16 as Harmony Awareness Week in support of the music of Sea Belles Chapter of Saint John; and February 17 to 23 to be World Vision Day in support of World Vision Canada, an international relief and development agency; and commended the organizers and participants of Skate To Care '91 at Lily Lake on February 9. Councillor Landers extended congratulations to curling teams skipped by Heidi Hanlon, Marlene Vaughan and Dave Buckle of Thistle-St. Andrews Curling Club who are representing the Province in national championships. Councillor Flewwelling asked that the City Manager's reports (which are on the Committee of the Whole agenda of this date), concerning proposed amendments to the policy on the purchase and sale of properties and the Marco Polo replica, be added to the agenda for consideration at this meeting; and the Mayor noted that Campbell's Plumbing and Heating Ltd. is requesting to withdraw its letter asking to address Council at this meeting. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above-mentioned reports from the City Manager be added to the agenda for consideration at this meeting: 82-790 COMMON COUNCIL FEBRUARY 11, 1991 AND FURTHER that the letter from Campbell's Plumbing and Heating Ltd. (copies of which were distributed to Council members at this meeting) requesting to withdraw from the agenda of this meeting its letter requesting to address Council regarding the tender for a replacement boiler at the Rothesay Avenue Works Complex- - be received and filed and the letter be withdrawn from the agenda as requested. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Councillor Rogers requesting an update on whether or not Charles Street is being considered for sewerage service completion in 1991 -- be referred for consideration in the capital budget. Question being taken, the motion was carried. Read a letter from Councillor Landers regarding the Federal Minister of the Environment's recent announcement that, due to pressure put on by the pulp and paper industry, the Government is now considering a date extension to 1995 for the clean-up of effluent into the harbours, rivers and bays; and requesting that Council forward a letter to the Minister displaying Council's displeasure about such an announcement on the basis that the time of the clean-up has been extended far too long and Council, as a municipality, should act on behalf of its citizens to have the date of 1993 confirmed as the deadline. Councillor Landers asked that a letter be forwarded to the Prime Minister and to the Federal Ministers of the Environment and Fisheries. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that a letter be forwarded to the Prime Minister, the Minister of the Enviornment and the Minister of Fisheries displaying Council's displeasure about the extension of the clean-up date. The Mayor asked if Councillor Landers has any documentation indicating why the Federal Government has given the extension to which Councillor Landers replied that pressure has been applied from the pulp and paper industry. Councillor Knibb expressed opposition to the above motion on the basis that the Federal Government and the particular industries concerned appreciate the cost that has been a continuing factor in recent years when industries have addressed pollution problems and that, at a time when the economy is low, it is unfair to put further pressure on industries that must compete internationally and which may lead to the closure of certain mills, and further that the Federal Government has surely made a decision to postpone the deadline rather than put it off indefinitely. Councillor A Vincent asked if the City is prepared at this time to assume the cost to correct the practice of dumping water and sewerage into the Harbour and suggested that the City may need the extension proposed. Councillor Fitzpatrick asked if local mills are ahead of the Government deadline as to what should be done in the clean-up of both the air and the water, to which Mr. MacKinnon replied that it is his understanding, based on recent newspaper articles, that the Irving Pulp and Paper Mill at Reversing Falls is ahead of schedule with respect to one particular pollutant, being dioxins, although while the Minister has announced that there may be some extensions to some mills, there would be no extension with regard to dioxins and that, as the matter is not as clear as it should be, it would be in order for the Government to indicate what it is going to do with regard to pollution controls under the Environment Protection Act, whereupon Councillor Fitzpatrick suggested that Council should not forward the proposed letter until it has more information on why the extension is being considered and what is involved. The Mayor asked, on the basis that Councillors are indicating that they would like additional information and rather than give the impression that certain Councillors are not in favour of cleaning up the Harbour or the air, if the mover of the proposed motion would be agreeable to a request being made for information from the Prime 82-791 COMMON COUNCIL FEBRUARY 11, 1991 Minister and the Federal Ministers concerned as to exactly what the situation is in an attempt to obtain a report to Council for consideration at the next meeting, to which Councillor Landers replied that, while she has no problem in that being part of the letter, she does have a problem in that it appears that Council, like the other two levels of government, is backing off under pressure, and that her motion stands as proposed. Question being taken, the motion was lost with the Mayor and Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb and A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that a letter be forwarded to the Federal authorities to obtain a further explanation as to the reason for the delay in the deadline for the clean-up of effluent into the harbours, rivers and bays, so that Council can readdress the matter, and that a suitable teach-in be arranged for Council in this regard. Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber youths, coaches and managers from the Saint John area who are participating in the 1991 Canada Winter Games in Charlottetown, P.E.I., on February 17 to March 2, and presented them with City pins and T-shirts, and a representative of the group presented the Mayor with a Team New Brunswick pin. On motion of Councillor A Vincent Seconded by Councillor Flewwelling RESOLVED that Her Worship the Mayor and her spouse represent the City at the opening of the 1991 Canada Winter Games. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that, with regard to Council's consideration in open session on January 14 of a letter from Councillor Fitzpatrick suggesting a change in the policy for the purchase and sale of City property, it is the intent of the City in disposing of surplus properties to obtain an increased property tax upon development and, for this reason, it has been the practice of Council to establish some timeframe for the development to take place and to reserve the right to repurchase the property if it does not; and also advising that, while the policy implies that the timeframe established will be for the completion of a project, it is not completely clear and some sale of properties in recent years have tied the timeframe to the start of construction, and that this practice is a reflection of concerns expressed by many purchasers on the inability to obtain financing when a larger project had to be completed before the buyback covenant would be removed and, further, it is somewhat clearer to establish a start date since the City would not exercise a repurchase option if it were not completed by a specific date. The report further advises that, while in most instances, the determination of start of construction has been established to be when the footings are installed, there could be instances where it may be desirable to define a different approach; therefore, it is important for the policy to be as flexible as possible in this regard; suggests that it may be prudent for Council to consider amending the policy to bring it in line with the actual practice which has/is being utilized; and submitting a recommendation for Council's consideration. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the policy regarding acquisition or disposal of property be amended by changing Clause 2 of the section entitled "Conditions to be Attached to Sale of Properties" to read as follows: 2.(a) It shall be a policy of the City that the City shall not release or convey land 82-792 COMMON COUNCIL FEBRUARY 11, 1991 unless a use of the land is proposed. (b) Sale of such land will be on condition that the proposed development will reach a specified point of completion within a mutually-agreed timeframe. This clause shall be generally interpreted to be that the placement of footings shall be completed within one year of the time of transfer of title. (However, dependent upon specific circumstances, alternative conditions may be imposed by Council.) (c) Where the specified timeframes are not met, the City may exercise its option to reacquire the property for the purchase price or for such other forms of restitution as may be decided by Council. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding the request from the Canadian Coast Guard, considered in Committee of the Whole on November 26, 1990, for the City to assume the use of its Marco Polo model; advising that staff has reviewed the list of conditions, evaluated the use the City could make of the float and the cost to the City to use, and that there is space available in Shed 13 which the City leases for the storage of many pieces of City equipment, insurance costs would be approximately $500 for all risk coverage, the float can be transported easily by City vehicle if and when used in a parade, and the largest share of the cost will relate to the cost of staff to transport and set up when used, which would be difficult to determine until the amount of use is known; noting that the float could have many uses for parades, conventions, etcetera and is a direct link to the City heritage, and it is felt that the benefit from its use will far outweigh the cost to operate it; and recommending that the City accept the offer of the Coast Guard and accept the Marco Polo replica under the stated terms. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the City accept the offer of the Canadian Coast Guard to turn the Marco Polo replica over to the City of Saint John under the terms and conditions as outlined in the Coast Guard's letter. Mr. Taylor explained that the above float will probably be handled in the same manner as is the River Boat float in that it will be operated through the Recreation and Parks Departments and that staff is open to suggestions with respect to public display of the replica; and the Mayor suggested that the City could alternate the use of the River Boat float and the Marco Polo replica. (Councillor Landers withdrew from the meeting during the above discussion.) 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, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-4 - Shamrock Park Tennis Court Rehabilitation Maine Tennis Court, 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 February 5, 1991 Final holdback release $ 82,915.00 82,915.00 Nil $ 70,477.75 $ 12,437.25 82-793 COMMON COUNCIL FEBRUARY 11, 1991 2. Contract 90-15 - Golden Grove Road Watermain Gulf Operators 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 February 5, 1991 Partial holdback release $123,406.00 $128,357.15 800.00 $ 83,810.85 $ 43,746.30 (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager advising that additional disk and memory is now required for the Protective Services System, which was approved by Council in 1989, in order to provide the space necessary to handle all of the information for the Police and Fire Departments and to ensure that the equipment provides adequate response time, and that this is available only from IBM which has promotional pricing available at this time which will result in savings of about $37,800 if an order is placed this week; also advising that the regular cost of this is $107,215 and the price available to the City now is $69,377.50 and that funds will be available in the 1991 Capital Budget to cover the cost of this upgrade; and recommending that authority be granted to proceed with the purchase of additional disk storage and memory for the Protective Services System from IBM Canada Ltd., at a cost of $69,377.50, plus tax -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager advising that three companies responded to the tender call for the supply of gate valve box components for use by the Water and Sewerage Department, one which did not include the necessary bid deposit and therefore has not been considered for award; also advising that the total value of this contract based on the estimated quantities is $20,645, and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Crane Supply, at the unit prices as quoted, plus taxes, be accepted for the supply of gate valve box components. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that five tenders were received for the printing of tourist literature and, although Ronalds Printing did not include the addendum with its bid, the purpose of the addendum was to clarify the terms and conditions and its omission from the tender documents does not result in any advantage to this company, its tender has been considered; also advising that staff was concerned over the large price difference between the lowest bid and the other tenders and, for this reason, contacted Ronalds to ensure that no errors had been made and that, having been given assurance that the prices are correct and that all work would be carried out at its Saint John plant, staff is recommending acceptance of its tender, the total value of the contract being $38,189 plus taxes. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Ronalds Printing Atlantic, at the prices indicated in the 82-794 COMMON COUNCIL FEBRUARY 11, 1991 submitted bid summary, be accepted for the printing of tourist literature. Mr. Hanlon, in advising the amounts expended for the various items, advised that item (2) is a new poster that has not been produced in the past and that the total cost in 1990 of approximately $44,950 is about 15% more than the 1991 total. Question being taken, the motion was carried. Mr. Hanlon confirmed the Mayor's observation that staff has requested that the City Manager's report on the tender for municipal castings, which was tabled at Council's last meeting, be tabled for one week so that staff can provide additional information for Council next week. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-224 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 427 Prince Street (L.R.I.S. Number 382374), from "R-1 B" One-Family Residential to "IL-1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility for a maximum of eighteen residents. The by-law entitled, "By-Law Number C.P. 100-224 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 Fitzpatrick RESOLVED that the by-law entitled, "A By-Law Respecting The Stopping Up And Closing of Highways in The City of Saint John", with respect to closing the following portions of highway: NORTH STREET: All that remaining portion of North Street lying between the western sideline of Mill Street and the eastern sideline of Smythe Street not previously closed by Order of Common Council dated September 25, 1967, the said closed portion being more precisely described as all that part of the southwesterly loop of the Mill Street Viaduct commonly known as the Station Street Ramp and also all that portion of North Street situated between Drury Lane and Mill Street. DRURY LANE: The entire width of Drury Lane lying between the northern sideline of Union Street and the southern sideline of North Street. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law Respecting The Stopping Up And Closing of Highways in The City of Saint John", was read in its entirety. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 82-795 COMMON COUNCIL FEBRUARY 11, 1991 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 February 4, 1991, 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 recommendation, namely:- 1. That as recommended by the City Manager, the City consent to the assignment of the lease between the City and Wheels and Deals Ltd. to the new owners of the business, MacDonald Applicators Ltd. February 11, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Gordon Hunt complaining about the lack of sanding of City streets, and expressing the opinion that there should be much better service in the area of Rockwood Court -- 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 M. Vincent RESOLVED that the letter from Mr. Richard Williams advising of the lack of cooperation he is receiving from the City with regard to getting the lower end of the sidewalk on Spar Cove Road plowed -- 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 M. Vincent RESOLVED that the application of Daly Convenience Stores Ltd. for an amendment to the Section 39 re-zoning of 77 Glen 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 Tuesday, April 2, 1991. Mr. Bedford explained that, with respect to the current encroachment on City land of the building on the above property, the re-zoning and the building permit application were all processed on plans submitted by the applicant which appeared to be reasonably accurate and that a survey completed over the past six months, after the building was constructed and when mortgage approval was necessary, illustrated that the encroachment had occurred; and Mr. Brown advised that a full report would be submitted to Council in this regard. Question being taken, the motion was carried. 82-796 COMMON COUNCIL FEBRUARY 11, 1991 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Eric L. Teed, Q.C., of the law firm of Teed, Teed & McPhee, advising that he was somewhat surprised to read in the newspaper the apparent difficulty facing the City in relation to the proper naming of King's and Queen's Squares in that a reference to the City Charter clearly shows that the two squares on the east side of the harbour and two squares on the west side of the harbour were named King's Square and Queen's Square, respectively, in 1785; therefore, in effect, the City has a King's Square west, a King's Square centre, a Queen's Square centre, and a Queen's Square west -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Canadian Council of Grocery Distributors (CCGD), a national trade association representing approximately 90% of the total retail grocery business in Canada, advising that its Atlantic Regional Council comprises the following companies: The Food Group Inc. (Village Food Stores), Sobey's, Co-Op Atlantic, Bolands Ltd. (IGA Stores), and Atlantic Wholesalers Ltd. (Save Easy and Superstore); registering the New Brunswick members' opposition to the proposed applications before Council for permission to permit Sunday shopping; and concluding that it is unanimous in its opposition to Sunday shopping but, if certain retail areas are given permission, then there will be no recourse for CCGD members other than to make similar applications -- be received and filed and a copy be forwarded to the Province of New Brunswick as this matter is under Provincial jurisdiction. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the letter from the City Clerk's Department of Nepean, Ontario, submitting a Certified True Copy of Motion No. 19-91 regarding recycling of Bell Canada telephone books adopted on January 24, 1991, by the Council of the Corporation of the City of Nepean, such resolution requesting support of the Federation of Canadian Municipalities to demand that Bell Canada and its sister telephone companies across Canada assume the full costs of collecting, handling and recycling of their used telephone directories and to seek the involvement of the CRTC in requiring such a commitment from Bell Canada for the 1992 telephone directory distribution; and requesting Council's consideration and endorsement of this position and to be advised of the position taken by Council in this regard -- be received and Council support the motion and advise the Council of the Corporation of the City of Nepean that this practice is carried out in the City of Saint John. Councillor Knibb initially proposed a motion, which was not seconded, that the above letter be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the Sponsors Donation Committee of Focus On Transportation Conference to be held on April 2 and 3, the aim of this Conference being to assist seniors and those with handicaps to improve their mobility in making their way around the community; and offering the City the opportunity to sponsor one of the necessities for the conference listed on the submitted page -- be referred to the grants committee for consideration. 82-797 COMMON COUNCIL FEBRUARY 11, 1991 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mary Harding requesting, on behalf of her curling team members, financial assistance with respect to the team's participation in the Scott Tournament of Hearts National Championship in Saskatoon, Saskatchewan on February 23 - March 2, 1991 -- be referred to the Recreation and Parks Advisory Board for immediate attention and Council extend congratulations to the members of the Team on its participation in the Tournament. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Real Estate Division of Central Guaranty Trust advising that it will be hosting its Annual Summit in Saint John on March 1 and 2, and requesting the City to sponsor a nutrition break for the delegates -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the petition from residents of Saint John stating that they feel it is just a matter of time before a serious accident occurs on Union Street, and requesting the City of Saint John to protect both the schoolchildren and all other pedestrians who cross the street in order to reach St. Joseph's and Prince Charles Schools, by placing visible school crosswalk signs and flashing pedestrian crosswalk lights on the dangerous section of Union Street at the junctions of Carmarthen, Wentworth and Pitt Streets before a child or adult is fatally injured -- be referred to the City Manager for consideration in the capital budget. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Robert and Cynthia Norris submitting a petition taken by their son, Craig Norris, of the grades 3, 4, 5 and 6 children of Lakewood Elementary School, concerning the issue of sidewalks from Charles Street at Blindmans Lake to the Lakewood Daley Convenience Store on Loch Lomond Road, a distance of 1.6 kilometres, and also submitting two newspaper clippings showing Craig's efforts in this regard -- be referred to the City Manager for consideration in the capital budget. 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