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1991-03-25_Minutes 82-854 COMMON COUNCIL MARCH 25, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of March, 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. D. Wilson, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; C. Cogswell, Deputy Police Chief; R. Johnston, Deputy Fire Chief; C. Campbell, Manager, Policy Planning; B. Steeves, Deputy Building Inspector; M. Hanlon, Purchasing Agent; R. Smith, Administrator, Parking Commission; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Roger Graham of Forest Hills Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on March 18, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Mr. Joel Levesque, Interim President of Keep Saint John Beautiful Inc., who presented to the City of Saint John three plaques of appreciation for the City's support to the group through the 1989 and 1990 Great McAllister Christmas Tree Mulch events and the Glad To Help Saint John Clean-Up campaign on Earth Day 1990. The Mayor accepted the plaques with appreciation to the civic unions and staff. The Mayor noted that Wayside Industries is adding a $400,000 expansion to its Saint John plant which will create 8 new jobs, increasing the plant's full-time staff to 33 persons and, with regard to Councillor Coughlan's concern about the number of items included on the Committee of the Whole agenda of this date compared to the number of items on the open session agenda, made the observation that the Acting City Manager is attempting to bring up to date matters which remain on the former City Manager's list, and Councillor Coughlan suggested that consideration should be given to the reformation of the committee to review the agenda format. Councillor M. Vincent extended a message of condolence to the family of the late Mr. Fred Tobias, who passed away on March 19. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a letter from River Valley Ground Search & Rescue Inc. advising of its need of supplies and equipment to fulfill its obligation to the community and offering to meet with Council to discuss its ability to help -- be received and filed and a donation of $200 be approved. Councillor Knibb suggested that the above request should be referred to the Acting City Manager to determine what the group is requesting as the letter leaves some doubt as to whether the request might be for a cast-off City truck or other equipment. 82-855 COMMON COUNCIL MARCH 25, 1991 On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the above matter be referred to the Acting City Manager to determine what form of assistance the group is requesting. Question being taken, the referral motion was carried. Read a letter from Councillor Flewwelling referring to Council's March 11 award of a contract for the testing of groundwater in the Spruce Lake area, and to the affirmative reply from the Assistant City Manger - Operations, before the contract was awarded, to a question of whether the tender call required the employment of a hydrogeologist on the company staff; advising that since that time, he and the Deputy Mayor have examined the tender call and observed that the requirement did not ask for a hydrogeologist to be on staff, but instead stated "a consultant will be required to perform a liaison function with the N.B.D.O.E. Hydrogeologist assigned to this project."; and expressing the opinion that it is important that Council know why it was informed in this manner because everything points to the fact that the low tenderer had the qualifications and met the tender call. Consideration was also given to a report from the Acting City Manager explaining that, although Mr. Robichaud indicated that the tender awarded on March 11 for groundwater testing required a hydrogeologist in order to qualify for the contract, the tender document does not state specifically that a hydrogeologist is required but it does infer that someone with at least this qualification is needed and, indeed, it is a requirement of the New Brunswick Department of the Environment; also explaining that, following receipt of tenders originally called in December 1990 for this work at the Spruce Lake landfill site, the City was advised by the Department that changes in the specifications would be needed to satisfy its requirements, such changes being in the area of quality control, data interpretation and reporting and liaison with its hydrogeologist and that, in order to meet these changes, it was necessary to reject all tenders, rewrite the specifications and re-advertise, with the report submitted to Council on March 11 indicating that the low tenderer, Apotes Analytical Services, did not have a certified hydrogeologist on staff and therefore was not acceptable; pointing out that, prior and subsequent to the award by Council, a number of discussions and meetings took place between Apotes Analytical Services and the Purchasing Agent during which the need for a hydrogeologist was stressed and, while Apotes Analytical Services has a chemist with experience in hydrogeology, the Environment Department advised that it required a consultant with a certified hydrogeologist on staff thus making Apotes Analytical Services' bid unacceptable, with the recommendation to Council being to accept the second lowest bid. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the above letter from Councillor Flewwelling and the report from the Acting City Manager be received and filed. Mr. Robichaud explained that, having met with Provincial Environment Department staff to discuss the first tender for groundwater testing, which closed on January 9, 1991, it was determined that the Province had concerns about quality control and a requirement for a hydrogeologist to evaluate water movement rather than from a water sampling point of view and that, having rejected the first tenders so that a second tender could be advertised, the Province followed up the meeting with a letter indicating three points which it wanted covered in the second tender call, one of the points being to hire a hydrogeologist and that the Province's statement in this regard was inserted into the terms of reference for the second tender call, and that, although the wording could have been clearer to state specifically that a hydrogeologist was wanted, the Province and the City both were of the opinion that the wording was adequate to indicate that a hydrogeologist was a requirement and, in fact, several of the firms did bid utilizing a hydrogeologist. Councillor Rogers expressed the opinion that the tender should be declared null and void as the wording in question does not indicate that a hydrogeologist is needed on staff to perform the function, therefore, it is 82-856 COMMON COUNCIL MARCH 25, 1991 misleading and unfair to the tenderers, and the City should re-tender for this service; and Deputy Mayor Gould expressed concern that a hydrogeologist on staff was not asked for in the tender call and the lowest tenderer is of the opinion that he meets all of the requirements and has all of the professional persons required to carry out the duties. Councillor Landers asked if the need for a hydrogeologist was conveyed verbally to the tenderers after the specifications were prepared on the basis that the lowest tenderer, while not having a hydrogeologist on staff, could have access to such service, and the Mayor clarified that the lowest tenderer, according to staff, had not informed the City that it had access to a hydrogeologist which was the reason for staff's recommendation to accept the second lowest tenderer, rather than that the lowest tenderer would not be capable. Councillor Flewwelling expressed the understanding that the lowest tenderer would have been able to hire a hydrogeologist to work with it for the period of time in question, and suggested that staff should contact Apotes Analytical Services on the basis that it was unaware of the requirement for a hydrogeologist until after the tender closed and is concerned that the award of the tender to another firm could lower its standards as far as others are concerned. Councillor M. Vincent advised his intention to propose a motion to table this matter for one week for referral to the City Solicitor for a report to Council. With respect to Councillor Fitzpatrick's question as to whether or not, in view of the manner in which the tender was written, the lowest tenderer qualified, Mr. Rodgers expressed the opinion that, in view of the direction that the discussion appeared to be taking, it would be preferable if Mr. Robichaud not give his opinion on that question at this time. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for one week for referral to the City Solicitor and a report to Council. Question being taken, the tabling motion was carried with Councillors Davis and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the status report from the Acting City Manager on the implementation of the Millidgeville Secondary Plan for 1989-90 and the Program for 1991 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the Acting City Manager referring to a letter from the Silver Links Seniors Club, considered by Council on May 22, 1990, concerning the City's creation of ditches, placement of boulders and concrete pipes and other obstructions along the shorelines of 1 st and 2nd Loch Lomond; advising that, while the City does not have the authority to prohibit boating on the Lakes, it does have authority to discourage trespassing through its own property and, in the past, has used surplus piping material and manholes to block access to City property; however, as this is not aesthetically pleasing, recently the City has constructed shallow ditches, no more than two feet deep, to prevent direct access to City property, and that these ditches would certainly be of much lesser hazard to children than the adjacent Lakes which have much greater access and depth; also advising that, until the Province enacts legislation designating the Loch Lomond watershed as a protected area thereby providing controls on boating and other activities within the watershed, it is necessary to continue to restrict access to City- owned property in the manner outlined above to discourage boating and dumping of garbage; and recommending that, in receiving and filing this report, a copy be forwarded to the Silver Links Seniors Club -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 82-857 COMMON COUNCIL MARCH 25, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager referring to a request considered by Council on August 20, 1990 from five residents of a private road in Martinon for the City to erect a sign designating the private road as Longbrook Lane, and citing examples of the City's past assignment of names to private roads at the request and consent of all the residents on the roads; suggesting that, while staff recommends that the requested name be adopted, it must be made clear to the residents on Longbrook Lane that the City will not assume responsibility for any maintenance or services of this private road, but will only assign a name and erect a sign on the road; and recommending that, in receiving and filing this report, staff be instructed to install a street name sign on Longbrook Lane -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager regarding the request considered by Council on December 17, 1990 of Mr. Louis Murphy, MLA, for a dilapidated guiderail on Milford Road to be replaced and extended, advising it has been established that the Works Department identified this work to be done in its 1991 Maintenance Program -- be received and filed and Mr. Murphy be so advised. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager referring to a request considered by Council on January 21 for the City to examine the pedestrian crossing on Union Street and Wentworth Street, and to a request considered on February 4 from the Board of School Trustees, School District No. 20 for an examination of crosswalk signage on Union Street at Carmarthen, Wentworth and Pitt Streets; advising that the crosswalks on Union Street are marked with appropriate signage and pavement markings, consistent with City practice for other areas of similar traffic and pedestrian volumes and, while signs have been missing in the past, once staff was aware of the situation the signs have been replaced, and that generally there is good compliance with speed limits and yielding to pedestrians in the crosswalks, and further that some improvements could be gained by revising the pavement markings from the edge line type to the large blocks, thus making the crosswalk more visible; also advising that The Power Commission of the City of Saint John has started a staged program of improving illumination on arterial streets to current standards, although improvement to Union Street is not planned for this year, and that, if Council should so direct, fixtures could be placed this year at the crosswalk locations so that they would match in with the future planned improvements to the entire street; further advising that the Police Traffic Branch is of the opinion that the situation is being dealt with adequately and that the crossing guards at the crossings of Union at Pitt and Union at Wentworth provide the proper level of protection for the school children, and that the upgrading of pavement markings can be done as part of the regular pavement marking program, and recommending that staff continue to monitor this situation and that the Power Commission be requested to install new street lighting at the crosswalks -- be received and filed and the recommendation adopted and a copy be forwarded to the School Board. Councillor Fitzpatrick suggested that the practice of laying a rough variation of the street surface at approaches to such crosswalks should be re-initiated again in the City, and asked that staff take action to repair the pedestrian crosswalk light at the entrance to Centracare. In response to Councillor M. Vincent, Mr. Armstrong confirmed that the upgrading of pavement markings will be done, and 82-858 COMMON COUNCIL MARCH 25, 1991 Deputy Chief Cogswell explained that, if crosswalk guards are not in place when required, the Police Department places a police officer at a crosswalk until replaced by a crosswalk guard and that the Police Department pays traffic crosswalk guards. 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, further to Council's consideration on October 9, 1990 of a request from Mr. John Baird for a change in a condition concerning the operation of a salvage yard at 120 Point Road so that the first portion of condition #4 would read "...except vehicles which are licensed or in running condition", rather than "...except vehicles which are licensed and in running condition.", the requested change has significant implication respecting enforceability of the conditions and that, on a site visit, Mr. Baird indicated that he purchased vehicles, which are in running order but not licensed, in the United States for resale from the site and the requested amendment would support this activity on the site, although this use is a new and separate use which is not permitted in the existing residential zone and, while a salvage yard has non-conforming use status, the use of the site for automobile sales does not; suggesting that, although the original conditions were imposed with input from area property owners and while not requiring Planning Advisory Committee or public input, changes to these conditions should only be considered after public input; further advising that the Building Inspection Department does not support the requested change as it would make enforcement virtually impossible and, in addition, the request proposes a used car sales business which already appears to be operating from this location without the protection of non-conforming use status; and recommending that (1) Mr. Baird's request for an amendment to conditions approved on March 26, 1990 be denied; and (2) the Building Inspector be instructed to enforce the conditions as approved as well as ensure that only those uses permitted in the Zoning By-Law or protecting by non-conforming use status occur on the property -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager advising that the Saint John Central Business Development Corporation is requesting municipal endorsement of its application under Program 3.1 Development Opportunity Identification Assistance of the Agreement on Urban Economic Development so that it can engage consultants to identify, analyze and prepare preliminary plans for downtown development projects, such study anticipated to assist the Corporation and the City in establishing priorities for funding under the other two sections of the Program; submitting the application form and terms of reference for the study for which a grant application has been prepared on the basis that the maximum grant of $25,000 will be required from the Province to do this work; also advising that this study has no financial implications for the City; and recommending that Common Council endorse the application of the Saint John Central Business Development Corporation under Program 3.1 Development Opportunity Identification Assistance and authorize the Mayor to sign on its behalf -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Acting City Manager, the lowest tender as submitted by Galbraith Construction, in the amount of $6,950, be accepted for the demolition of the building located at 208 Duke 82-859 COMMON COUNCIL MARCH 25, 1991 Street (L.R.I.S. Number 4747). Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager regarding a request, which is the subject of a letter on the agenda of this meeting, from Dobson Chrysler Dodge to withdraw its March 4 accepted tender for the supply of two window vans at a total cost of $35,581.12, which was the lowest of five bids received as indicated on the submitted bid summary, as an error had been made in that its bid did not take into consideration the City's specification requiring windows all around; advising that City staff agrees with Dobson that its changes in staff and the fact that it is a new bidder were factors in the error being made and, in addition, the Company's former sales manager, who was experienced in preparing tenders, did not attend the specification review meeting where clarification of the City's requirements are provided; also advising that the second lowest bidder on the tender was Lorne Brett Chev. Olds Ltd. at a cost of $36,387.56, a difference of $806.44, and staff has confirmed with Brett that it is prepared to honour this tender price; and submitting a recommendation in this regard. Consideration was also given to the above-mentioned letter from Dobson Chrysler Dodge requesting to withdraw its accepted tender on 2 window vans, tender number 91-70051. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the request of Dobson Chrysler Dodge to withdraw its tender #91- 7005T be granted, and that the tender of Lorne Brett Chev. Olds Ltd., at a cost of $36,387.56, be accepted for supplying 2 Chevrolet Astro Vans. Mr. Wilson advised that staff would inform Council at its next meeting of the reason for the requirement of the type of windowed van in question. Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor regarding the proposed re-zoning of 1100 Sand Cove Road, first reading of which was tabled at the March 18 public hearing for an opinion with respect to the public notice and its relation to the proposal and also requiring comments with respect to the form of the Planning Advisory Committee's recommendation; expressing the opinion that the public notice for the proposed re-zoning is consistent with the application and the proposal of the applicant and that the public hearing held on March 18, 1991 complied with the statutory requirements of the Community Planning Act; also advising that, on the matter of the Committee's recommendation, it is his opinion that Council should resolve the sanitary and storm sewerage problem before proceeding with the re-zoning for the reason that, while the Committee recommends that the re-zoning be approved on condition that the City undertakes the necessary capital improvement to remedy the problem with respect to the surcharging of the sanitary and storm sewerage onto the subject property and Section 13 of the Community Planning Act makes it mandatory for the Committee to advise and make recommendations to the Council on any matter relating to community planning, the issue of sanitary and storm sewer is not one which permits conditional re-zoning in this instance; and recommending that Council deal with the sanitary and storm sewerage matter through a separate report from the City Manager before proceeding with the enactment of the re-zoning. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report from the City Solicitor be received and filed and that the matter of the sanitary and storm sewerage matter be referred to the Acting City Manager for consideration of the possibility of including in the budget the necessary expenditure in this regard and a report to Council. 82-860 COMMON COUNCIL MARCH 25, 1991 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the report from the City Solicitor expressing the opinion that, further to Council's consideration on March 11 of Councillor Rogers' letter dealing with a complaint that a disabled individual was refused taxi service, before Council considers amending the Taxi By-Law, it should be satisfied that the present By-Law is deficient and ineffective in dealing with the problem, and any further amendments would still require the investigating officers and, in particular, the Taxi Inspector, to gather all the relevant facts of each particular complaint before court action could be instituted or any other action taken; advising that the Taxi Inspector should be aware that complaints of this nature can also be referred to the New Brunswick Human Rights Commission under the Human Rights Act, and the Commission, in examining a complaint similar to this issue, could very well examine the City's Taxi By-Law and inquire as to what genuine effort is being made to enforce the existing provisions and what reasons a taxi operator may have to justify a refusal of service; consequently, it is important for the Taxi Inspector to learn as much as he can about cases involving possible discrimination and the denial of taxi service for reasons such as physical disability; and recommending that this report and any previous correspondence relevant to this matter be referred to the Taxi Inspector -- be received and filed and the recommendation adopted. Deputy Chief Cogswell confirmed that the Taxi Inspector has reviewed the above matter and that, according to the report, the taxi driver's refusal was done politely on the basis that he has a severe back disorder and that the matter has been resolved, with the person who complained still using the service of the taxi company in question. 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 with respect to the submitted application of Apollo Properties Ltd. have been completed, and that the required waiting period for objections expired on March 20, 1991, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Apollo Properties Ltd. for a Municipal Plan amendment and re-zoning of 379-381 Somerset 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 May 13, 1991. Question being taken, the motion was carried. (Deputy Mayor Gould and M. Vincent withdrew from the meeting, having been absent from the January 7 public hearing with regard to the proposed Zoning By- Law text amendment related to 43-55 Exmouth Street, and Councillor Fitzpatrick withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-230 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding a new Section 310(2)( c)(iii) as follows: "(iii) notwithstanding (i) above, a surface parking area, located at 43-45 Exmouth Street (L.R.I.S. Numbers 13078, 13060, 15842 and 13052), may be used for the purposes of providing parking for uses which are not located and permitted in the same zone.", be read a third time 82-861 COMMON COUNCIL MARCH 25, 1991 and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-230 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. (Councillors Fitzpatrick and Gould re-entered the meeting.) 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 March 18, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Acting City Manager, the following properties be declared surplus to the City's needs and be made available for sale in conformity with the Policy Re Acquisition or Disposal of Property: (1) 199 Britain Street; (2) 381 Lancaster Street; (3) 54 Main Street; (4) 321 Princess Street; (5) 55-65 St. James Street and 14 Harding Street; (6) 26 Taylor Avenue; (7) Woodward Avenue around the trailer park; (8) 2 York Street; and (9) 4 York Street. 2. That as recommended by the Acting City Manager, the holdback monies under City of Saint John contracts 90-18 - McAllister Drive-Lakewood Avenue, and 90- 22 - Water and Sewer Renewals, be released by cheques made payable in the following manner and amounts: Hank E. Merchant Ltd. and Emco Ltd. - $46,384.09; Hank E. Merchant Ltd. and Thomas Construction Ltd. - $27,130.31; Hank E. Merchant Ltd. and Steele Trucking Ltd. - $7,001.37; and Hank E. Merchant Ltd. and Strescon Limited - $7,001.38, with all documentation, including delivery of the cheques, subject to approval by the City Solicitor as to legality and form. 3. That as recommended by the Acting City Manager, Mr. Paul Stanton be advised that the City is not prepared to sell the land he requested at the rear of his 137 Edith Avenue property. 4. That until the commencement date of a new City Manager, the Acting City Manager, Daryl Wilson, be paid an annual salary of $85,000, and the Deputy Commissioner of Finance, Terry Totten, be paid an annual salary of $73,892. March 25, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 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 2 of the above report be adopted. Question being taken, the motion was carried. 82-862 COMMON COUNCIL MARCH 25, 1991 On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Kiwanis Club advising its plans to repeat the "Kiwanis Golf Classic" fund-raising event for the Cardiac Unit at the Saint John Regional Hospital, and again requesting Council's consideration and support of a grant equal to the day's revenue at the Rockwood Park Municipal Golf Course on May 24, 1991 -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mr. Gordon Hunt regarding Common Council resolution of March 11 responding to his complaint concerning snow removal -- be received and filed. 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