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1991-04-08_Minutes 82-878 COMMON COUNCIL APRIL 8, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighth day of April, 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; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; C. Campbell, Manager of Policy Planning; J. Baird, Manager- Development Division; P. Asimakos, Planner; M. Hanlon, Purchasing Agent; R. McDevitt, Fire Chief; D. Sherwood, Chief of Police; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Mel Norton of the Wesleyan 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 Tuesday, April 2, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor noted that the Atlantic Canada Opportunities Agency is continuing to contribute to the economic growth of Saint John by assisting several more businesses in the area, having recently announced contributions totalling $657,585 to 14 businesses in the City; and proclaimed April 13 to be Stay-Alert-Stay- Safe Day, the week of April 7 to 13 to be National Wildlife Week, the month of April to be Volunteer Recognition Month, and April 12 and 13 to be Polongo Days in support of PRUDE Inc., in the City of Saint John. (Councillor Fitzpatrick entered the meeting during the above comments.) Deputy Mayor Gould noted the visit to Saint John of the York Minster Boys Choir for an April 5 performance at Trinity Church which is observing its Bicentennial this year; commented on his attendance on April 6 of the National Founding Conference of the People First Movement in Canada, which represents handicapped persons; and asked that the Acting City Manager's report on the establishment of children's flower gardens (which was included on the Committee of the Whole agenda of this date) be added to the agenda of this meeting. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the above-mentioned report from the Acting City Manager be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor Flewwelling extended congratulations to Councillor A Vincent on his appointment to the Board of Directors of the Saint John Port Corporation; and during discussion of the City's participation in the Partnerships '91 Conference held in Orono, Maine, on April 3 to 5, which was the second annual event organized by the 82-879 COMMON COUNCIL APRIL 8, 1991 State of Maine and the Province of New Brunswick Chambers of Conference to deal with a number of industry and business topics significant and common to both the State and the Province, Councillors Landers and Rogers commented on their attendance at this Conference. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from the River Road Concerned Citizens Committee concerning the Brookville proposal (which was included on the Committee of the Whole agenda of this date) be added to the agenda for consideration at this meeting. The Mayor asked for direction from the City Solicitor as to the propriety of considering the above letter in open session of Council to which Mr. Rodgers replied that, legally, Council is free to discuss the above letter in whatever forum it wishes as the Planning Advisory Committee has already dealt with and made a decision on the matter and legal remedies are available to anyone affected by the Committee's decision. Councillor Knibb expressed opposition to discussing this issue publicly at this time on the basis that, as it relates to economic development and is of monetary concern for the City, rather than just being an environmental concern, the matter should be discussed privately until such time as a satisfactory announcement can be made. Question being taken, the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". (Councillor A. Vincent entered the meeting.) Read a letter from Mayor Wayne requesting that Mr. Robichaud address at this meeting the matter of the City's funding allocation for Provincially-designated highways, having requested $1.9 million from the Province, and submitting a copy of a letter from The Honourable Sheldon Lee, Minister of Transportation, advising that the Province is prepared to assist the City in the estimated amount of $400,000 under its 1991 program for improvements to Provincially-designated highways, with $92,000 required to finance the Bayside Drive agreement for upgrading and the balance to be used for resurfacing projects on Route 100, Manchester Avenue or Red Head Road. Mr. Robichaud explained that, based on a 12-year life cycle for asphalt surfacing and the Provincially-designated highway inventory that exists in Saint John, the City needs at least $570,000 strictly to resurface roads, not including reconstructing or upgrading of the roads; and that, as the City is required to redesign and rebuild some of these roads because of increased traffic and safety or other issues, the City's submission to the Province for 1991 was for a total of $1.9 million, including $438,000 strictly for resurfacing and $1.488 million for reconstruction; and noted that, in view of the City's 5-year program presented to the Province requesting on an average over the 5 years for a total of $1.3 million, including $474,000 for resurfacing only and $859,000 for reconstruction, the 1991 allocation is extremely lower than anticipated and, in fact, is approximately $100,000 less than the City received in 1990. The Mayor suggested that Mr. Robichaud should accompany her and Mr. Wilson to a meeting with the Minister of Transportation the week of April 15 to discuss this funding allocation. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above letter be received and filed and a meeting be held with the Minister of Transportation in this regard, with the matter to be pursued through the Cities of New Brunswick Association. Councillor Fitzpatrick suggested that the City should publish a list of Provincially-designated highways on which it anticipated doing work but, because of the Provincial Government's restraint is unable to do so; and the Mayor concurred with Councillor Coughlan's suggestion that the local MLAs should be invited to attend the meeting with the Minister in view of apparent support for the City's position at the last meeting of Council members and the MLAs. Mr. Rodgers advised that he would examine the City's Charter to determine if the City is entitled to any monetary benefit 82-880 COMMON COUNCIL APRIL 8, 1991 from the revenue to be derived by the Province as a result of its recent legalization regarding slot machines. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from The Canadian College of Teachers requesting a grant to assist in its 1991 National Annual Meeting and Conference to be held in Saint John on July 4-6 -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting information from the Department of the Secretary of State of Canada concerning Canada Day -- be referred to the Nominating Committee. The Mayor suggested that Mr. Eric L. Teed, Q.C., who is involved in a Canada Day Committee, as well as others on the Committee, and the Working Group on Race Relations could be involved in organizing Saint John's celebration of Canada Day. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a copy of a facsimile letter from The Honourable Hubert Seamans, Minister of Municipal Affairs, advising that it is the Province's intention to decrease, as of May 1, the unconditional grant to municipalities to achieve a reduction of $4 million during the fiscal year ending March 31, 1992 and that municipalities will be required to absorb these reductions by implementing wage freeze measures similar to those that are being effected in the public service, and also that legislation will be introduced to direct municipalities to extend collective agreements and delay all negotiated increases by twelve months, with municipalities likewise to be empowered to delay future non- bargaining reviews or contract renewal adjustments; and also advising that, as part of the implementation process, Departmental staff will be contacting municipalities in order to determine the impact of the wage freeze measures -- be received and filed. Mr. Wilson advised that it is hoped that the City can get answers to its questions on the above matter at a meeting with the Minister of Municipal Affairs on April 9. Question being taken, the motion was carried. Read a report from the Acting City Manager referring to the April 9, 1990 suggestion of Mr. George F. Robertson that children be given packets of flower seeds to plant throughout the City in the summer, and to the April 23, 1990 suggestion of the Saint John Environment Committee that a children's flower garden be established so that children could plant their own seeds and bulbs and watch them grow; expressing the opinion that the former suggestion would be costly in that it would involve not only the seeds but appropriate information on the care and nurturing of the plants, and advising that a cost analysis of providing seeds and information to children of Saint John in grades 1 to 6 indicated a cost of between $7,000 and $9,000, and that, while supplying seeds to only one grade class would be less costly, the benefits of the program would be greatly reduced. With regard to the Environment Committee's suggestion, the report also advises that, while a flower garden could be established, it would have to be managed and programmed if it is to be a success and its location would be critical; however, the Parks Department has suggested, as an alternative, that 82-881 COMMON COUNCIL APRIL 8, 1991 it would provide a garden plot near each community centre and also provide seeds and technical assistance to the Recreation Department to include a program aimed at flower gardens at the community centers, which could be done at a minimal cost to the Parks Department; and recommends that the Parks and Recreation Departments be directed to provide a program for the children of Saint John through the community centers aimed at the planting of flowers at the community centers to beautify the City and raise environmental awareness. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the Parks and Recreation Departments be directed to provide a program for the children of Saint John through the community centers and the Saint John Boys & Girls Club aimed at the planting of flowers at the community centers to beautify the City and raise environmental awareness, and that a copy of the Acting City Manager's report in this regard be forwarded to the City of Saint John Environment Committee. At the Mayor's suggestion, the mover and seconder of the above motion agreed to include the Saint John Boys & Girls Club in the program, and Councillor Landers suggested that a copy of the above report should be forwarded to the Environment Committee. Question being taken, the motion was carried. Read a letter from Mr. David R. Bowen, Chairman of the River Road Concerned Citizens Committee, advising that he has written to Her Worship the Mayor with regard to issues which concern the Committee and the community involving an appeal to the Provincial Planning Appeal Board dealing with a December 18, 1990 Planning Advisory Committee decision and a new Brookville Manufacturing Co. proposal for a limestone quarry project in the Acamac/Ketepec area; also advising that members of the community have been contacted by telephone and mail to inform them of the Ketepec project, and expressing the understanding that the Company has met with Council in closed session to discuss its proposal; explaining the Committee's concerns in this regard, and requesting that Council members attend an April 9 meeting at the K.B.M. Community Club in Belmont to make their position known regarding this issue and also requesting a written reply to this letter, as well as the letters of March 11 and March 19 to the Mayor, if the latter have been shared with Council. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. David R. Bowen, Chairman of the River Road Concerned Citizens Committee, concerning the Brookville Ketepec project -- be received and filed. With regard to Councillor Landers' query as to whether or not Council would have any input in the above matter, Mr. Rodgers expressed the understanding that the Planning Advisory Committee has refused a permit and that the Company affected by the decision is now examining what rights it has to go further, and that, as Council has delegated issues of this nature to the Planning Advisory Committee to deal with under the Zoning By-Law, Council would not have input under the law as it currently exists. Mr. Baird, in response to Councillor M. Vincent, confirmed that one of the Planning staff members will be attending the April 9 meeting referred to above, having been in discussion with the Residents Committee. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager referring to letters from Mr. Ralph Streb and the Rockwood Park Advisory Board, considered by Council on October 1 and December 27, 1990, respectively, with regard to residential development in Rockwood Park, the former letter suggesting residential development and the latter opposing housing development anywhere on park land; advising that, at this time, the Parks Department supports the position of the Board, 82-882 COMMON COUNCIL APRIL 8, 1991 and recommending that Council support the position of the Rockwood Park Advisory Board and the Parks Department in that no part of Rockwood Park be opened for private development and that no housing development be permitted anywhere on park land. A motion was proposed by Councillor Rogers and seconded by Councillor Flewwelling to adopt the above recommendation. Mr. Wilson concurred with Councillor Fitzpatrick's proposed amendment to the motion, which was not seconded, that the motion should delete the reference in the proposed motion to no part of Rockwood Park being opened for private development as private development already exists in the Park, in that the intent of the motion is in response to the question of housing and the recommendation has gone further. Councillor Rogers proposed an amendment, which was seconded by Councillor Coughlan, that the motion should be that no part of Rockwood Park be opened for housing development and no housing development be permitted anywhere on park land at this time, whereupon the Mayor requested the mover and seconder of the initial motion to withdraw their motion and replace it with the amended motion. Councillor Rogers withdrew as mover and Councillor Flewwelling expressed disagreement with the inclusion of "at this time". On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that Council support the position of the Rockwood Park Advisory Board and the Parks Department in that no part of Rockwood Park be opened for housing development and no housing development be permitted anywhere on park land at this time. Councillor Knibb expressed opposition to the proposed motion on the basis that the City could thrive on change and through revenue from housing construction along Sandy Point Road overlooking the municipal golf course. Councillor Davis disagreed with the motion for the reason that, if it is beneficial to develop public lands, it should be done and the City should not bind itself for the future with a resolution of this nature. Mr. Rodgers confirmed Councillor M. Vincent's observation that the reference to at this time in the motion has no meaning because Council can change its resolutions on a weekly basis if it so wishes. Question being taken, the motion was carried with the Mayor and Councillors Davis and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager suggesting that, further to the requests considered at the last meeting from three organizations for financial assistance to offset the rental charge at the Lily Lake Pavilion, it was never the City's intention to have a facility available free of charge to groups to hold dances, wedding receptions or meetings at the expense of other privately-operated facilities and that, to increase the utilization of the facility at no benefit to the City and at some cost to others, is not appropriate; also suggesting that requests for assistance should in no way be tied to the rental charge at the Pavilion but should be decided by Council regardless of the facility that is being used, with the only question to be contemplated being whether it would indeed be for the public good; advising that, while such requests are increasing lately, Council should not be overly- concerned with the frequency with which it approved such requests as, in 1990, 7 such requests were approved totalling $3,200 and, in 1991 to date, 2 requests totalling $1,250 have been approved, as well as the 3 in question; and recommending that (1) a grant of $250 each be provided to the Saint John Jaycees, the Jervis Bay (Memorial) Pipe Band and the Loyalist City G.R.S. Radio Club provided they use this facility at the City's stated rates; (2) Council reaffirm its policy of charging the following rates for use of the Pavilion: 100 people or less - $275, 200 people or less - $450, 300 people or less - $600, and capacity of 449 - $650; and (3) under no circumstances will any financial assistance be directly related to the cost of renting the Pavilion and each request of Council will be judged on whether it can be related to the public good -- be received and filed and the recommendation adopted subject to ensuring that the three groups listed herein have not been issued City grants prior to this time. 82-883 COMMON COUNCIL APRIL 8, 1991 Councillor Rogers asked how Council would determine an appropriate grant amount for organizations requesting assistance, and during ensuing discussion Mr. Wilson clarified that the point staff is trying to make is not so much what amount Council should give but whether or not Council should be giving any grant at all and that, as the present criteria seems to be that a booking of the Lily Lake Pavilion qualifies an organization for a grant, Council should forget about where the event is being booked and consider whether or not the City should be giving a grant to the group concerned. The Mayor asked the practice in other municipalities to which Mr. Totten replied that the Cities of Fredericton and Moncton make an attempt to deal with such requests during the budgetary process, although Fredericton would consider approximately 6 grant requests and Moncton would consider between 12 and 15 grant outside of the process. Councillor Fitzpatrick asked if the City has approved 1991 grants for any of the three groups referred to above on the basis that it is possible that the City has given a grant of $500 to the Jervis Bay (Memorial) Pipe Band for its trip to Scotland later this summer, whereupon the Mayor suggested that the above recommendation could be approved subject to ensuring that the three groups concerned have not received grants from the City prior to this time. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, (1) Jacques, Whitford and Associates Limited be engaged for Portland Cement concrete testing services; and (2) ADI Limited be retained for testing and inspection of asphaltic concrete for the years 1991 and 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, the tender of Stanchem/CIL be accepted for supplying liquid chlorine until March 30, 1992, at the following prices:- $97.24 per 68-kilogram cylinder, and $494.42 per 907.2-cylinder. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, the tender for uniform clothing for the Fire Department be awarded as indicated in the submitted bid summary. 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 Standard Paving Maritime Limited have been completed and that the required waiting period for objections expired on April 3, 1991, with the submitted objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Standard Paving Maritime Limited for a Municipal Plan amendment and re-zoning of property on Latimer Lake 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 May 13, 1991. 82-884 COMMON COUNCIL APRIL 8, 1991 The Mayor explained the procedure to be followed with respect to the above-proposed amendments and advised the persons present at the meeting that they would have an opportunity to address the matter at the Planning Advisory Committee and subsequently at the public hearing held by Council; and Mr. Rodgers expressed the opinion that the above-mentioned written objections will not apply to the eventual public hearing and that persons wishing to register written objections would be required to submit letters in this regard, and also that any written objections received after the April 3, 1991 deadline are not valid for Council's consideration with respect to this stage of the procedure. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting as he was not present for the March 18 public hearing with respect to the proposed re-zoning of 1100 Sand Cove Road.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-232 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the New Brunswick Protestant Orphans' Home property at 1100 Sand Cove Road (L.R.I.S. Number 429738), containing approximately 30 acres, from "RF" Rural to "R1-B" One-Family Residential, "RM-1" Three-Storey Multiple Residential and "RS-2" One- and Two-Family Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be subject to the following conditions pursuant to Section 39 of the Community Planning Act: (1) restricting the use of the "RM-1" portion of the subject site to a maximum of 28 townhouse units each having a maximum of two storeys; and (2) requiring that the "RM-1" portion of the subject site be developed in accordance with a detailed site plan, landscaping and fencing plan and building elevation drawings submitted to and approved by the Planning Advisory Committee at the time of the subdivision. The by-law entitled, "By-Law Number C.P. 100-232 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Mr. Baird explained that the issue of the subdivision approval, which deals with the exact location of the streets and land for public purposes, is in the process of being forwarded to surrounding property owners this week and will set out two options the developer has with respect to these issues; therefore, input will be sought from surrounding property owners as well as other departments, and further that the traffic issue will be addressed in staff's report in this regard. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered, and Councillors Flewwelling and M. Vincent withdrew from the meeting as they were not present for the April 2 public hearing with respect to the proposed re-zoning of 1506 Loch Lomond Road.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-233 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 1506 Loch Lomond Road (L.R.I.S. Number 312686), from "RS-2" One- and Two-Family Suburban Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the above re-zoning be subject to the following conditions pursuant to Section 39 of the Community Planning Act (a) the applicant 82-885 COMMON COUNCIL APRIL 8, 1991 submit for the approval of the Development Officer a surveyed plan indicating the location of all existing site features and structures; (b) the applicant submit a detailed site plan for the Development Officer's approval based on the accurate existing site conditions contained in the survey plan; (c) all the work necessary to complete the property in accordance with the approved site plan shall be completed before August 3, 1991; and (d) the applicant shall maintain the property, including the landscaped portion of the street right-of-way within the frontage of this property, in accordance with the approved plan and in a manner satisfactory to the Development Officer. The by-law entitled, "By-Law Number C.P. 100-233 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 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 April 2, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Acting City Manager, Mr. Larry Gallant be appointed as the City's nominee to the Board of Arbitration of the Local No. 18, C.U.P.E. grievance 90-49, concerning a contractor working through noon hour doing Local No. 18 work. April 8, 1991, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick 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 Fitzpatrick Seconded by Councillor Gould RESOLVED that the letter from Property Maintenance Ltd., the association of residents of Candlewood Lane, expressing its interest in the proposal for a Millidgeville community centre, and encouraging Council to proceed with this worthwhile project in conjunction with the gymnasium for the M. Gerald Teed School -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from the West Side Preservation & Development Association advising that, having heard the preliminary report to the public of the consultants studying the City's options regarding fire protection services in District #2, the Association endorses the consultants' proposal to keep Station #6 active for the next five years and to move Station #7 further West, on the basis of the Association's opinion that it is imperative to have at least two operational fire stations on the West Side of the Saint John Harbour, and suggesting 82-886 COMMON COUNCIL APRIL 8, 1991 that the firefighting capabilities of Station #6 should be improved and, if possible, that a new station should be built on the Lower West Side to house a pumper and one other firefighting vehicle if the needs and risks for the area remain -- be referred to the Acting City Manager. 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