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1991-04-22_Minutes 82-896 COMMON COUNCIL APRIL 22, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of April, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, 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; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; D. O'Leary, Director of Economic Development; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; C. Campbell, Manager - Policy Planning; B. Malone, Planner - Policy Division; J. Bezanson, Heritage Planner; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend J. S. Webber of Forest Hills Baptist Church 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 15, 1991, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the 24th Saint John Girl Guide Company to whom she briefly explained the Council meeting procedure; proclaimed April 22-28 to be National Consumer Week in the City of Saint John; commended those involved in the Earth Day activities on April 21; and noted that the 1991 Canadian Life Guard Championships will be held in Saint John at the Canada Games Aquatic Centre and at New River Beach on May 8 to 11. (Councillor Coughlan entered the meeting.) Councillor Flewwelling advised that, having reviewed previous Council documents, he agrees with a suggestion that the City of Saint John, as the oldest incorporated City in Canada, should form a committee and establish a twin with one city in every Province in an attempt to encourage written correspondence among areas in Canada. The Mayor noted that this was the topic of Mr. Eric Teed's presentation to Council on April 15 on which Council inadvertently neglected to take action. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the City establish a committee with respect to the above suggestion. Question being taken, the motion was carried. 82-897 COMMON COUNCIL APRIL 22, 1991 On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that a letter from the Arbor Day Committee, a copy of a letter from the Saint John Fish & Game Protective Association, a report from the Acting City Manager concerning tree removal and replacement, and a letter from the Acting City Manager concerning Fundy Region Development Commission 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. Councillor Landers asked the reason for the Mayor's item concerning the Spruce Lake landfill being on the Committee of the Whole agenda rather than on the agenda of open session of Council for this date, to which the Mayor replied that, based on her discussion with staff, there was some debate about certain portions of the correspondence which were considered better discussed first in closed session. (Councillor Rogers entered the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Alexander Robertson advising of his attempts to acquire from the City the use of the Ocean Hawk Tugboat in Market Slip for architects' offices and an art gallery/studio, and asking that he be advised of the most expedient way this property may be offered for his use -- be referred to the Acting City Manager and The Market Square Corporation. Mr. Todd confirmed that the City owns the Tugboat and the property on which it is located. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting, in reference to Council's February 11 discussion regarding the deadlines for compliance with the pulp and paper regulatory package, a letter from The Honourable Robert R. de Cotret, Minister of the Environment, advising that the proposed amendments to the Pulp and Paper Effluent Regulations will take effect as soon as they are proclaimed later this year and that extensions, which may be allowed under a closely-monitored authorization system for mills that require more time to install proper pollution control equipment, will expire at the end of 1993; although a facility built before 1971 may receive a further extension of up to 24 months if it can demonstrate that, because of extraordinary circumstances beyond its control, it is not able to comply in time, and extensions beyond 1993 will be subject to ministerial approval and public consultations; and also that all mills will have to comply fully with the dioxin and furan regulations by 1994, as proposed during the public consultations held last May, with no provision for extending that deadline -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Mayor Leopold Belliveau of Moncton, inviting the members of Council and key staff to the Cities of New Brunswick Association meeting in Moncton on May 10 and 11 -- be received and filed. The Mayor noted that a motion of Council will be required for Council members' per diem rate for their attendance at the June 1991 FCM Conference in St. 82-898 COMMON COUNCIL APRIL 22, 1991 John's, Newfoundland, and expressed the understanding that, based on discussion at the Six Cities Association level, other municipalities are considering limiting their number of representatives to this meeting. 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 a notice given to her by The Honourable Jane Barry, Minister of State for Childhood Services, advising of an organizational public meeting on April 30 to determine interest in the restoration of Bayshore Beach, this being the final year in which a permit is issued for sand and gravel removal and it is timely to stimulate public interest in forming a group or working with existing organizations to plan for future use of the shoreline area at Bayshore according to the community's wishes -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne expressing concern that, despite much time and effort, no agreement has been made by the Board of Trustees of the City of Saint John Pension Plan on how to address the serious problem of disability claims or the ever-increasing funding deficit, as reflected in the 1990 Annual Report of the City of Saint John Pension Plan which is included on the agenda of this meeting; noting that elected officials receive no benefit from the Pension Fund but are subject to the same degree of personal liability as employee trustees should any legal action against the individual trustees be successful; quoting from a letter from a pensioner considered at the Pension Board's April 18 meeting lodging complaints against elected and appointed municipal officials under the Charter of Rights and the Human Rights Act; and proposing that, in view of this letter and the apparent unwillingness of the Trustees to administer the Pension Fund in a responsible, prudent manner, the City of Saint John seek legislation to amend the Pension Act to remove elected officials from the Board of Trustees -- be referred to the Acting City Manager for inclusion in his forthcoming report to Council and to the City Solicitor. The Mayor called for a motion to refer the above letter to the Acting City Manager for inclusion in his report on the situation with the Pension Board, and during discussion the mover and seconder of the motion agreed to refer to the City Solicitor the question of responsibility for the unfunded liability. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from the Arbor Day Committee requesting Council to declare May 16 as Arbor Day in the City of Saint John, and submitting a schedule for the school ceremonies taking place on the morning of May 16, with the request to be informed of which Councillors will participate in this year's tree plantings -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the copy of the letter from the Saint John Fish & Game Protective Association to Mr. Robert M. Russell, Superintendent of Rockwood Park, regarding the use of the indoor rifle and pistol range in the Lily Lake Pavilion -- be referred to the Acting City Manager. 82-899 COMMON COUNCIL APRIL 22, 1991 The mover and seconder of the initial motion to receive and file the above letter concurred to change the motion to a referral at Councillor M. Vincent's suggestion. 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 the locations of tree removal and replacement -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the Acting City Manager submitting the Fourth Quarter Report of Fundy Region Development Commission Inc., for January 1 to March 30, 1991 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited Supply of asphalt April 2-9, 1991 $7,970.12 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the submitted invoice of Gemtec Limited, in the amount of $15,223.73, representing professional fees for the period January 1 to January 31, 1991 for piezometer installation at the Spruce Lake landfill site associated with the Lanteck contract. 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, the tender of Lounsbury Industrial Ltd., at a cost of $54,000 less a trade-in of $14,000, plus taxes, be accepted for supplying a JCB model 1550B backhoe, and that the Mayor and Common Clerk be authorized to execute a seven- year total cost agreement. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, (1) staff be given authority to proceed with work on the playgrounds at the Gorman Arena and the Somerset Community Centre, utilizing an amount not to exceed $70,000 from the Recreation Development Fund; and (2) staff be given authority to proceed with the reconstruction of the entrance to King's Square, 82-900 COMMON COUNCIL APRIL 22, 1991 utilizing an amount not to exceed $40,000 from the Stockford Memorial Fund. Mr. Totten advised that the expenditure of the above funds would not deplete the entire amount of the Trust Funds in question, with $15,360 and $47,671 remaining in the Recreation Development Fund and Stockford Memorial Fund, respectively; and Mr. Wilson confirmed that staff will submit to Council the plans for King's Square prior to the work proceeding. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a report from the Acting City Manager advising that, since the mid- 1990 retirement of the Assistant By-Law Enforcement Officer, staff has been reviewing and developing a different, more effective, approach to by-law enforcement and, as the initial phase of this new approach, this position was filled in March by Mr. Brian Shanks, formerly a civilian employee in the Saint John Police Department, who now needs to be appointed as a By-Law Enforcement Officer with respect to the Dog and Garbage By- Laws; and recommending Mr. Shanks' appointment and the cancellation of the previous By-Law Enforcement Officer's appointment. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting City Manager, Mr. Brian Shanks be appointed as a By-Law Enforcement Officer pursuant to Section 14 of the Police Act and Section 101 of the Municipalities Act for the purpose of enforcing the "Saint John Dog Control By-Law" and the "Garbage By-Law Of The City of Saint John", and that he be authorized to lay informations for breach of those By-Laws in Provincial Court effective April 23, 1991, and that the appointment of the previous By-Law Enforcement Officer, Mr. Tibor Halassy, be rescinded. (Rescinded June 23, 1997 Bk. 86 Pg. 474 ) Mr. Johnson concurred that Mr. Halassy's appointment should be rescinded rather than cancelled. 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 advising that, with regard to the April 2 suggestion of Mrs. J. Freedman concerning buses and a stop sign in the vicinity of Fort Howe Apartments, site inspections have indicated that a pedestrian crosswalk gives access to a bus stop in front of the Fort Howe Apartments on the opposite side of the street; submitting information on stop signs from the Institute of Transportation Engineers which indicates that the installation of stop signs at this particular location would not bring the benefits anticipated by Mrs. Freedman but, in fact, would create a more serious problem which could affect all the residents in the area; and also advising that Transit Commission staff has indicated that driveways at the Fort Howe Apartments are too narrow for buses and there can be no rerouting of buses at the site -- be received and filed and a copy be forwarded to Mrs. Freedman. 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, money or a surety bond in the amount of $158,000 be accepted from Gulf Operators Ltd. as security to ensure the rehabilitation of the gravel pit at 491 Bayside Drive. In response to Councillor Landers, Mr. Johnson advised that the above development was originally approved as part of the development in conjunction with its operation as a pulp mill at which time the rock was being removed and processed on 82-901 COMMON COUNCIL APRIL 22, 1991 another site, and that it was only in 1990 that processing was commenced on-site at which time the City advised the operator that it was appropriate for it to be considered as a quarry and that the operator is complying with staff's guidance in this regard; and he expressed the understanding that, although he is unsure as to whether or not the Development Officer has reviewed the matter in the light of appropriate zoning, the operation has been approved for a temporary use by the Planning Advisory Committee. Question being taken, the motion was carried with Councillor Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, money or a surety bond in the amount of $380,000 be accepted from Standard Paving Maritime Limited as security to ensure the rehabilitation of the gravel pit at 913 Latimer Lake Road. (Rescinded June 24, 1991 Bk. 82 pg. 1002 ) 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 William J. and Jessie E. Howe have been completed and that the required deadline for objections expired on April 17, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of William J. and Jessie E. Howe for a Municipal Plan amendment and re-zoning of 136 Rockcliff 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 27, 1991. 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 15, 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 recommendations, namely:- 1. That as recommended by the Acting City Manager, the City grant an easement over land at Prince of Wales known as L.R.I.S. Number 274308 to the New Brunswick Electric Power Commission under the following terms:- (1) the easement is to have a width of approximately 95 feet and area of 3.48 acres; (2) it is to be located to the north of and parallel to the existing easement for Line 0001; (3) the price of the easement to be $1,492; and (4) the price of the wood for stumpage to be $303. 2. That as recommended by the Acting City Manager, (1) Common Council resolution of December 14, 1981, agreeing to the lease of two parcels of land on Rockland Road to the Minister of Transport, be rescinded; (2)(a) the City lease the following parcels of land on Rockland Road to Her Majesty the Queen In Right Of Canada as represented by the Minister of Transport: (i) Parcel "X" on Public Works Canada Plan S-407 dated September 8, 1977; (ii) Parcel "Z" on Public Works Canada Plan S-407-A dated May 18, 1982; (iii) that triangular parcel with an area of 15 square metres shown on Public Works Canada Plan S-407 -B dated November 11, 1984; (2)(b) 82-902 COMMON COUNCIL APRIL 22, 1991 the lease to be under the following terms: (i) date of commencement - June 1, 1982; (ii) date of termination - May 31, 1997; (iii) renewal terms: ten years at same rent and ten years at a negotiated rent; (c) rent - $200 per year in advance; and (d) the lease dated the 21st of February 1978 for Parcels "X" and "Y" on Plan No. S-407 be cancelled. 3. That as recommended by the Acting City Manager, the submitted revised Terms of Reference of the Recreation and Parks Advisory Board be adopted. 4. That with regard to the request of the Saint John Kiwanis Club for a grant equal to a day's revenue at the Rockwood Park Municipal Golf Course for a May 24, 1991 fund-raising event for the Cardiac Unit at the Saint John Regional Hospital, a grant of $2,000 be approved. 5. That with regard to the request of the Saint John Board of Trade for the City to participate in a joint community promotion campaign, (1) the Acting City Manager be authorized to appoint the appropriate City staff to the Board of Trade Steering Committee directing this project; (2) the City of Saint John match funds raised by the Board of Trade to a maximum of $50,000; and (3) the program Steering Committee undertake an opinion and attitude survey as the initial step in this program. April 22, 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 section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 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 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 5 of the above report be adopted. During discussion Councillor Flewwelling expressed opposition to the above motion on the basis that the City has staff capable of carrying out the City's promotion and that Moncton, which carried out a similar promotion, is currently 82-903 COMMON COUNCIL APRIL 22, 1991 experiencing financial difficulty with tourist attractions, such as Magic Mountain; and Councillor A. Vincent questioned the propriety of the above expenditure on the basis that City employees are being asked to accept a wage freeze and, as a member of the Board of Trade, the Board members should fund the campaign and further that the City is unable to afford the expenditure. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from The City of Saint John Environment Committee submitting a copy of the Lorneville Ratepayers Association's presentation to the Committee on April 16 concerning the Spruce Lake landfill; expressing the opinion that the concerns of the Association relative to the expansion of the dump facility at Spruce Lake are legitimate and serious; and advising that the Committee recommended that the Association bring its concerns to Council's attention -- be referred to the Acting City Manager and appropriate staff and that a teach-in be conducted by staff to familiarize Council with all aspects of this matter, and that the Lorneville Ratepayers Association be invited to appear before Council. The Mayor expressed the understanding that Mr. Robichaud asked the Association to submit to him the questions it put before the Environment Committee and suggested that, as Mr. Robichaud has not received the questions, he should be given an opportunity to address the above correspondence and any other questions the Association has. Councillor Landers, a member of the Environment Committee, asked that City staff hold a teach-in so that Council can understand the whole problem and the complex situation at the landfill site, and that the Ratepayers Association be invited to appear before Council to express its concerns, whereupon the mover and seconder of the motion agreed to amend the referral motion accordingly. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1990 Annual Report of the Board of Trustees of the City of Saint John Pension Plan be received and filed. (Councillor M. Vincent withdrew from the meeting.) Her Worship the Mayor highlighted the above report, and noted the concern with respect to the incidence of disability claims in that, during 1990, 12 more City employees qualified for disability benefits, bringing the total number of disability recipients under the age of 65 to 59, of which 42 have qualified for benefits in the past 5 years, as well as the concern that the trend for the past 10 years has resulted in the number of retired participants increasing from 252 to 426, or by 69%, this being the group that receives annual benefits from the Fund, with the unfunded liability in excess of $7 million requiring annual payments of not less than $764,000 over a period not to exceed 15 years. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Alice Bannister, an employee of the Human Resources Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to her permanent disability. (Councillor M. Vincent re-entered the meeting.) 82-904 COMMON COUNCIL APRIL 22, 1991 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the Preservation Review Board submitting a copy of its previous memorandum to Council, dated December 5, 1990, indicating that the amount allocated in the 1991 budget for the upper floor study would not be adequate and that the Board would return to Council with a more precise figure upon completion of the terms of reference and request for proposals; advising that this has now been done and the most appropriate proposal was submitted by MMC Architects Limited, in association with WMS Associates Limited, at a cost of $18,056; and recommending that Common Council allocate a total of $18,056 to fund an Upper Floor Grant Program Study, which is $8,056 more than the amount already approved by Common Council in the Heritage Program -- be received and filed and the recommendation adopted. (Councillor Davis withdrew from the meeting due to a possible conflict of interest. ) Councillor Fitzpatrick stated his exception to the suggestion in the above report that the Board desires to implement the grant program early in the current construction season for the reason that it should not be assumed, prior to the study, that a grant program will be put in place. Question being taken, the motion was carried. (Councillor Davis re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the Nurses Association of New Brunswick requesting financial support with respect to its Biennial Meeting, to be held in conjunction with the Canadian Nurses Association in June 1992 in Saint John -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the Residents of 656 Brunswick Drive, a local senior citizens' building operated by New Brunswick Housing Corporation, asking Council's co-operation in doing something about the cutback in their V.O.N. service -- 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 Mr. Charles Wyman Creaser applying for a license to operate a Horse Drawn Vehicle Transportation Company in the City of Saint John, and outlining his proposal for the operation of this Company -- be referred to the Acting City Manager and the Assistant City Manager - Operations. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Susan Dean advising that she now has a temporary permit for the placement of her mobile home on Old Black River Road, and requesting a permanent permit -- be referred to the Acting 82-905 COMMON COUNCIL APRIL 22, 1991 City Manager in reference to a mobile home report being prepared. 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