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1991-04-15_Minutes 82-887 COMMON COUNCIL APRIL 15,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of April, AD. 1991, at 7:00 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. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; J. Johnson, Building Inspector; J. Baird, Manager - Development Division; D. Sherwood, Chief of Police; C. Cogswell, Deputy Chief of Police; R. McDevitt, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor called the meeting to order and, following a procession into the Council Chamber of Brock Belding, Scott J. DeLong and Liam Friell of the Saint John Scout Troop parading the Canadian and New Brunswick flags, and the singing of 0 Canada in recognition of Citizenship Week, the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on April 8, 1991, be approved. Mr. Rodgers, in response to Councillor A Vincent, advised his intent to research the question raised at the last meeting concerning the possibility of benefiting from revenue to be derived by the Province from slot machines for a report possibly at Council's next meeting. Question being taken, the motion was carried. Her Worship the Mayor proclaimed the week of April 21-27 to be Professional Secretaries Week, and April 17 to be the Spirit of Marco Polo Day in recognition of the launching of the sailing ship Marco Polo from the shipyard of James Smith at Marsh Creek; commended City employee Mr. Les Graham and members of the 1990 Labatt's Lite Committee on having been awarded a Guinness Book of Records certificate for holding the record for hula hooping simultaneously with 2,010 participants at the Labatt's 24-Hour Relay fund-raising event for the Saint John Regional Hospital in August 1990; and presented, with appreciation, a Bravery Award Certificate from the Canadian Association of Fire Chiefs to Lieutenant Kenneth MacDonald of the Saint John Fire Department in recognition of his actions on February 18, 1989 to effect the rescue, without regard for his own personal safety, of a citizen from a burning building in the City's North End. The Mayor proclaimed the week of April 14 to 20 to be Canadian Citizenship Week in the City of Saint John, and Mr. Eric L. Teed, Q.C., addressed Council on behalf of the Canadian Citizenship Federation in this regard, and advised that one suggestion, among those set out in a brochure from the Minister of Multiculturalism and Citizenship for ways to celebrate Citizenship Week, is to initiate a twinning program whereby the City of Saint John would, in effect, twin with one city in each province in Canada, principally for the benefit of the development of a greater information exchange between citizens. Mr. Teed explained that, once this is done formally, the Citizenship Federation would endeavour to develop a program of pen pal correspondence between Saint John youths and those of the twinned cities so that citizens of Saint John could become better acquainted with Canadians in other 82-888 COMMON COUNCIL APRIL 15,1991 provinces and with Canadian ism in general; and asked that the City of Saint John give leadership to all Canadian municipalities and adopt a policy of becoming twinned to a municipality in each province in Canada, with the Federation to subsequently initiate and develop a program of information exchanges by Canadians. The Mayor thanked Mr. Teed for his presentation. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the letter from the Acting City Manager regarding Sanitation Clean-Up Week, and the letter of appreciation from Hospitality Saint John Inc. (copies of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the correspondence from The Secretary of State of Canada concerning the Canada Day Youth Award (a copy of which was forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of an approximately 20-acre parcel of land situated at 1709 Hickey Road (L.R.I.S. Numbers 333187 and 335835), from "RS- 2" One- and Two-Family Suburban Residential to "R-2" One- and Two-Family Residential classification, to permit subdivision and development of the property with one-family dwellings, as requested by Scott Bros. Ltd., and that no written objections were received in this regard. No person was present with regard to the proposed re- zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a report from the Planning staff considered by the Committee at its April 9 meeting at which the applicant was not present to address questions by area residents about drainage of property and how the redevelopment would affect the drainage patterns and the Committee tabled the matter; and recommending that the public hearing be held on Monday, April 15, 1991 as scheduled but that the application be tabled to allow the Committee to forward a recommendation to Council. In response to the Mayor's question on the recommendation in view of Planning staff's recommendation to the Committee to approve the re-zoning, Mr. Baird explained that, in view of concerns expressed at the Committee's meeting about drainage problems which the applicant was unable to address as he was not present at the meeting, it is anticipated that the issue can be resolved and the matter will be before the Committee again at its next meeting. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the application of Scott Bros. Ltd. for the re-zoning of property at 1709 Hickey Road be laid on the table to allow the Committee to forward a recommendation to Council. Question being taken, the tabling motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor 82-889 COMMON COUNCIL APRIL 15,1991 Wayne submitting a letter from Mr. J. Ian M. Whitcomb, President of The New Brunswick Museum, asking if there is any possibility that the City would consider an allocation of additional funds to the Museum on the basis that, while the Finance Committee of the Museum's Board of Directors is now finalizing the budget for the 1991/92 fiscal period including the amounts recently announced as increments in the Provincial budget, the Museum is still looking at a substantial operating deficit of approximately $150,000 -- be referred to the Acting City Manager for review and a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of the City Solicitor's opinion regarding the Province's intention to decrease the unconditional grant and implement wage freezes, such opinion being that, based on an examination of the City Charter and other relevant legislation, a law, if properly enacted by the Province as proposed in its budget, would apply to the City and could not be ignored from a legal standpoint and furthermore that the City of Saint John does not possess the legislative authority to take any action which would nullify or alter the proposed Provincial legislation dealing with local government employees -- be received and filed. Question being taken, the motion was carried. Read a letter from Councillor M. Vincent advising that he would like to raise a matter respecting the 1991 Capital Budget as it relates to requests received from residents of Charles Street in Lakewood Heights affecting services. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the matter of extension of services on Charles Street in Lakewood Heights be referred for inclusion in the 1991 Capital Budget. Councillor M. Vincent expressed the understanding that staff's recommendation not to include the above services was related to the number of houses to be affected and the dollar cost value; referred to area residents' correspondence considered by Council on December 17, 1990 in this regard; and explained that, while he is not asking for the deletion of projects from the 1991 Capital Budget to accommodate the Charles Street project, he is asking that Council direct staff to give this project priority and that funds be found extending from projects which were budgeted not being undertaken or being completed during this year and money not being expended. Councillor Knibb concurred with Mr. Wilson's suggestion that Council might want to have the Charles Street project costed to determine what other project could be removed from the 1991 Capital Budget in that, if Council wishes to add projects to and thereby change priorities of a budget which staff considers affordable, staff would like to submit to Council ideas where the priorities could change. Councillor Knibb asked that the above motion be amended so as to make an urgent plea for this project's inclusion in the 1992 budget, and expressed concern about the precedent that could be set if the above motion was adopted on the basis that there could be other such additions to the budget. During discussion Mr. Robichaud advised that, as indicated to Council during budget review, the total cost of installing sewer services is estimated at $250,000 which, for the 15 houses on Charles Street, represents a cost of $17,000 per home to service the Street, and that staff's suggestion was that, if Council was to expend funds in this manner, consideration should be given to an area considered to be worse off than Charles Street, that being in the Flecknell Subdivision which would represent a cost of $8,500 for each of the 18 homes in the area; and Mr. Totten made the observation that funding for the Charles Street project would be taken from the 1991 Capital Budget of the Water and Sewerage Utility and suggested that, as it is staff's intent to report to Council within the next 2 to 3 weeks on the actual operating results for the year ended December 31, 1990, and the challenges that face the Water and Sewerage Utility, the anticipated report could identify the Charles Street 82-890 COMMON COUNCIL APRIL 15,1991 and other projects. Councillor Coughlan suggested that this matter should be tabled in view of Mr. Robichaud's comments about the Flecknell Subdivision and in order to address and priorize all items discussed during Capital Budget meetings; and Councillor A. Vincent suggested that, as there would be costs related to such things as excavation and street refinishing over the $250,000 referred to by Mr. Robichaud to provide the service, this matter should be tabled for information in this regard. On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was carried with Councillors Davis, Gould and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Acting City Manager regarding the annual Sanitation Clean-Up Week campaign to be held from May 6-10, 1991 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter to the Mayor from Hospitality Saint John Inc. expressing appreciation to the City of Saint John for the tireless, year-round efforts of the Saint John Visitor and Convention Bureau staff, under the directorship of Yvonne Huntington -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the correspondence from The Secretary of State of Canada concerning the Canada Day Youth Award be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the tender of Jordive Ltd., in the amount of $65 per hour and $.44 per foot, be accepted for supplying T.V. sewer inspection services on an as-and-when- required basis for the period ending March 31, 1992. Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager advising that final assessments have been received on three projects for which funding through the Housing Through Infill Development Program was approved in 1989, and the final grant level is higher than the estimated value in an amount of $9,690; submitting application summaries in this regard, and recommending an increase in H.I.D. funding for three housing projects. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by 82-891 COMMON COUNCIL APRIL 15,1991 the Acting City Manager, (1) the Housing Through Infill Development grant for Manford Thompson Construction Co. Ltd., for the housing project at 207 Princess Street, be increased from $69,976 to $73,725; (2) the Housing Through Infill Development grant for Manford Thompson Construction Co. Ltd., for the housing project at 146 Mecklenburg Street, be increased from $17,160 to $21,000; and (3) the Housing Through Infill Development grant for Reginald Savoie, for the housing project at 190 Queen Street West, be increased from $7,350 to $9,450. 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 the petition considered by Council on November 26, 1990 from citizens expressing concern about the intersection of Fundy Drive and Dunn Avenue and requesting a four-way stop or some other measure on the basis of their opinion that the intersection is dangerous and accidents occur at a very high frequency rate; and advising that Police accident reports indicate a relatively-low accident experience at the intersection, and giving a comparison of the occurrence of accidents prior to and after the 1989 installation of a flashing beacon at this intersection -- be received and filed. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager submitting a copy of a report from the City Manager, adopted by Council on March 13, 1989, concerning the phasing out of performance bonds; advising that, although this change will affect the financial security for rehabilitation of gravel pits and quarries next year and in later years, most of the excavation permits for 1991 will have been issued prior to a proposed Zoning By-Law amendment receiving all of the necessary approvals and, while the proposed type of financial security will cost gravel pit operators more than the performance bonds, staff will spend much less time in enforcing the terms of the rehabilitation conditions for excavation permits and, in addition, there should be a greater assurance that the rehabilitation will be completed; and recommending that Common Council delete clause (10) of Section 880 of the Zoning By-Law which provided for performance bonds and replace it with: "(10) No excavation permit under sub-section (6) until the applicant has deposited a sum of money, certificate of deposit, letter of credit or guarantee in an amount determined by the Building Inspector to be adequate to cover the estimated cost of rehabilitation of the land of the site in accordance with the terms and time limits specified on the permit and approved by Common Council. "; and (2) this matter be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized -- be received and filed and the recommendation adopted, with the public hearing to be held on May 27,1991. 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, money or a surety bond in the amount of $3,500 be accepted from McNulty Cartage (1987) Ltd. as security to ensure the rehabilitation of the gravel pit located at 475 City Line. Question being taken, the motion was carried. 82-892 COMMON COUNCIL APRIL 15,1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $36,000 be accepted from Galbraith Construction Ltd. as security to ensure the rehabilitation of the gravel pit located at 2614 Golden Grove Road. 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, money or a surety bond in the amount of $141,000 be accepted from Thomas Construction Ltd. as security to ensure the rehabilitation of the gravel pit located at 1003 Latimer Lake Road. Councillor A. Vincent expressed concern that the process to permit the acceptance of letters of credit for rehabilitation of gravel pits is so lengthy that in 1991 only bonds will be acceptable. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $18,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit located at 1975 Manawagonish Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $30,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit located at 1651 Sand Cove Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $288,000 be accepted from R. W. Tomlinson Ltd. as security to ensure the rehabilitation of the gravel pit located at 170 Ashburn Road. Question being taken, the motion was carried. Read a letter from the City Solicitor regarding the request of the St. Martins and District Lions Club for permission to construct a bus shelter at the corner of the Range Road and St. Martins Highway, which was considered by Council on March 11; expressing the understanding that this bus shelter, or a portion thereof or access to it, might be on the City's 66 foot right-of-way; and expressing the opinion that it would be in order for Council, in the circumstances, to grant permission as requested by the Club and, if Council proceeds to grant permission, the submitted resolution should be adopted. 82-893 COMMON COUNCIL APRIL 15,1991 On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the City grant permission to the St. Martins and District Lions Club to construct a bus shelter at the corner of St. Martins Highway and the Range Road with the understanding that the City assumes no liability and that, should the City need or require any portion of the right-of- way, the bus shelter would be removed and the use terminated within 30 days of notice being given to the Club. 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 March 25, 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 Nominating Committee, Messrs. Terry Bird and Tom Simms be appointed to the Saint John Region Tomorrow Committee. April 15, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and the recommendation therein be adopted. 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 8, 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 Acting City Manager, the license agreement between D & F Amusements Ltd. and the City of Saint John relative to a bumper boat/miniature golf site at Rockwood Park be amended to reflect an annual license fee of $100, payable by D & F Amusements Ltd. for the years 1988 to 1994. April 15, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 82-894 COMMON COUNCIL APRIL 15,1991 On motion of Councillor Knibb Seconded by Councillor Rogers 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 Rogers RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan for 51-57 Union Street, being Lot 91-2 at the corner of Union and Mill Streets, showing a municipal services easement and an area to be vested as a portion of Union Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Cindy Kilpatrick, President of Trinity Royal Merchants Association, asking that the following three major ongoing problems in the area be addressed: (i) the deplorable state of Canterbury Street; (ii) the commencement by the Saint John Police of nightly foot patrols in the uptown area; and (iii) the parking problem -- be referred to the Acting City Manager, the Saint John Board of Police Commissioners and the Saint John Parking Commission. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Mr. Ron Vautour asking, as host for this year's New Brunswick Senior "B" Men's Bowling Tournament, to be held on April 25,26 and 27, if the City would be interested in placing an ad in the program to welcome the bowlers to the City of Saint John -- be received and filed and the City place a one-page ad in the program at a cost of $100. Councillor Fitzpatrick asked the past practice of the City with respect to placing such ads to which Mr. Wilson replied that there have been a few occasions in the past where a request of this nature has been adhered to by Council; and Mr. Totten added that, in accordance with Common Council resolution of February 10, 1969, no advertising is to be taken by the City in any brochures, convention programs, souvenir booklets or yearbooks, except for City senior high schools and other student bodies beyond the high school level with a maximum or limit of each insertion of $50, and explained that the reason for such a policy is that the City could become inundated with such requests. Councillor Coughlan suggested that a $50 grant rather than placing an ad should be approved. Question being taken, the motion was carried with Councillors Coughlan, Davis and Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mervin and Rookmin Singh for the re-zoning of 119 Red Head 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 27, 1991. Question being taken, the motion was carried. adjourned. 82-895 COMMON COUNCIL APRIL 15,1991 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be Question being taken, the motion was carried. Common Clerk