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1991-05-06_Minutes 82-919 COMMON COUNCIL MAY 6,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of May, AD. 1991, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A 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; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Baird, Manager - Development Division; R. Johnston, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend J. A McKenzie, Regional Director of Every Home For Christ International, 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 29, 1991, be approved. Question being taken, the motion was carried. (Councillor Rogers entered the meeting.) Her Worship the Mayor proclaimed May 8 to be World Red Cross Day; the week of May 6 to 12 to be Nurses Week, and the week of May 5 to 11 to be Multiple Sclerosis Carnation Week, in the City of Saint John; advised that she has received a letter from Saint John Member of Parliament Gerald Merrithew regarding the approval of $21,165 to subsidize twelve summer student positions in response to the City's application under the Federal Challenge '91 Program; and noted that the Canada-New Brunswick Branch of the Royal Life Saving Society is hosting the 1991 Canadian National Life Guard Championships, Symposium and National Meetings on May 8 to 11 at the Canada Games Aquatic Centre and New River Beach. The Mayor extended a message of sympathy to the family of the late Mr. W. Errol Seely, a former Deputy Commissioner of Engineering and Works for the City of Saint John, who passed away on May 3. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that a letter from the Acting City Manager (a copy of which was forwarded to Council members as an information item), advising of financial support given to the City of Saint John, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a letter from the Community Director of Centre Communautaire Samuel-de-Champlain requesting a grant of $1,000 to be used towards Festival Acadien 1991. In response to the Mayor, Mr. Totten advised that Council approved a $900 grant for the 1990 Festival Acadien. 82-920 COMMON COUNCIL MAY 6,1991 On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that a grant of $1,000 be approved to help finance the 1991 Festival Acadien. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Acting City Manager advising of financial support received in recent weeks by the City of Saint John from the Province of New Brunswick and the Atlantic Canada Opportunity Agency for economic development incentives undertaken by the City -- be received and filed with appreciation to the Province and the Agency. 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 - Supply of asphalt Maritime Limited April 24-30, 1991 $8,858.61 Question being taken, the motion was carried. Read a report from the Acting City Manager advising that, while it has been the City's practice to adjust the user fee at the Spruce Lake sanitary landfill site every six months in an effort to bring the landfill operation closer to the point of self- sufficiency, the current tipping fee of $11/tonne is still low in comparison to that charged in other jurisdictions, and it is reasonable to expect a fee of $20/tonne, which is the current Fredericton fee, when the Fundy regional site is eventually established; explaining why, in staff's opinion, the user fee should continue to be raised to offset costs and that, given the uncertainty relating to final costs, the user fees should be established for the six-month period from July 1, 1991 to January 1, 1992 within which time staff would again report to Council on a proposed rate structure for subsequent periods to offset all expenditures noted; also advising that the recommended fee for residential users is still $1/load as staff is of the opinion that keeping this rate low encourages residents to use the landfill and keep their properties clean, and that the $40/load fee at the Black River Road demolition site is sufficient to cover costs at the site, and further that an increase from $11 /tonne to $13/tonne in the basic tipping fee, while probably not covering all anticipated costs, would provide new revenues and prepare users for higher fees again in 1992; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the Acting City Manager, Common Council resolution of March 26, 1990, with respect to charges and fees at the Spruce Lake sanitary landfill site, be rescinded, and the following scale of charges and fees be adopted:- Effective 01 July 1991: Commercial: Up to 500 kg. Over 500 kg. $ 5/load $13/metric tonne 82-921 COMMON COUNCIL MAY 6,1991 Residential: 1/4 to 1/2 ton truck $ 1/load Black River Road Demolition Site $40/load (Rescinded November 12,1991 Bk. 83 pg. 210 ) 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 Brunswick Data Inc., at a cost of $484 each plus taxes, be accepted for supplying 30 computer terminals. (Councillor A. Vincent entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the Acting City Manager, contract 91-1, concrete curb and sidewalk construction, be awarded to the low tenderer, QM Construction Ltd., Saint John, New Brunswick, at the tendered price of $1,214,423, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 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 low tender as submitted by David C. Francis Co. Ltd., in the amount of $2,250, be accepted for the demolition of the partially-demolished building at 26 Exmouth Street. Councillor A. Vincent asked, in view of the minimal size of the above demolition, why City forces did not submit a tender to carry out the work, to which Mr. Johnson replied that, although he asked Director of Works Operations, Mr. M. Jamer, about a price for the above demolition, Mr. Jamer was reluctant to tender as the City does not normally do demolitions; therefore, as two relatively-competitive tenders were received for the demolition, he did not actually ask Mr. Jamer for a price. Councillor A. Vincent expressed the opinion that the above amount represents a cost four times the worth of the work, and, with regard to the Mayor's observation about the possibility of the demolition being carried out by the owner or some other person connected with the owner of the building, Mr. Johnson noted the presence in the Council Chamber of the persons concerned and advised that, although on May 3 they planned to submit a tender in the same manner as other tenderers as it was too late within the process and they did not have an understanding of what was necessary, earlier this date they reached a more reasonable approach to solving the problem. Mr. Johnson also advised that, on the face of the tenders, he is prepared to recommend the low bid; however, if Council was willing to give the owner and the potential purchaser a week to remove the building, he would recommend that the matter be tabled for one week. Responding to Councillor Rogers' query about the difference in delaying the subject tender award and the ten-day period following Council's action on April 29 under the 1925 Building Act with respect to the MacKnight Motors Ltd. property on Rothesay Avenue, Mr. Johnson explained that the differences are that the prospective purchaser of the above property is the person who has indicated he would demolish the building, and the building is demolished and the resultant unsightly lumber needs to be removed from the site and the neighbourhood; therefore, the situation is significantly different from that involving a standing building with dangerous walls and, while a week ago, the subject building was dangerous, it appears that it has been made basically into a large pile of timbers. Councillor Knibb expressed concern that, in view of a problem with a tender for demolition of the building in question in that it was withdrawn from last 82-922 COMMON COUNCIL MAY 6,1991 week's Council agenda and the current discussion, demolition contractors may be reluctant to bid on future tenders, and Mr. Johnson advised that in his ten-year experience in this area this is the first time the City has had an owner progressively demolish a building at the same time as the City has attempted to have it demolished within the requirements, and that the situation last week is that the one tender submitted was on the adjacent building as he was unable to locate the subject building. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week with the Building Inspector to monitor the situation and, if the property is not cleaned up, report to Council. Question being taken, the tabling motion was carried. Read a letter from the Acting City Manager referring to the recent requests of The New Brunswick Museum for additional assistance, one request being for services with respect to ground maintenance for lawns, shrubs and flower beds in order to better integrate the appearance of the Museum property and Riverside Memorial Park, and the second request being for the City to reconsider its funding level to the Museum for its fiscal year 1991/92; and explaining that, while staff has advised Council that a commitment with respect to the former request would cost approximately $2,400 per year and result in City forces maintaining property owned by the Province, staff is prepared to recommend that the City fund this work in recognition of the Museum being one of the City's major tourist attractions and in a high-profile location; and, with regard to the latter request, while the City is on record as supporting the Museum and wishes to ensure its continued financial viability, staff believes that a response to the request should be deferred until the following conditions are met: (1) the City be assured that its support is not simply reducing a deficit that would otherwise be the responsibility of the Province, (2) the City's contribution could be identified with a specific project or service which the Museum would like to undertake or continue to provide, and (3) the City is presented with a long-term plan that is supported by the Province and would ensure the long-term financial viability of the Museum in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, Common Council approve funding to the extent of $2,400 to The New Brunswick Museum on the understanding that such funding is earmarked specifically for ground maintenance, and further that a decision with respect to further funding assistance be deferred until the establishment of the City's 1992 operating budget and that The New Brunswick Museum be advised as to the conditions which the City would request to be present before further funding is approved. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". Read a letter from the Acting City Manager regarding a request by Mosher Chedore, solicitors for the owner of property at 108 Main Street, for an easement permitting the encroachment of the building upon the Street, as indicated in the submitted letter from the Legal Department, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Twin Brooks Holdings Ltd. to permit the 0.21 metre encroachment on the northwesterly corner of the building upon Main Street, such easement to terminate with the destruction or removal of the encroachment. 82-923 COMMON COUNCIL MAY 6,1991 Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the report from the City Solicitor expressing the opinion that, further to a question asked at a recent Council meeting with respect to the City's right to share in any profits from the Province's lottery scheme, the City under present legislation has no right to share directly in the profits, nor does the City have any legislative authority to become involved in a similar revenue-making operation; and elaborating on why the City has no authority to become actively involved in the raising of revenue through video gaming devices, nor is it a matter for which the Province would consider enacting special legislation for Saint John to share in the profits to the exclusion of other municipalities -- be received and filed and the matter be referred for discussion at the Cities of New Brunswick Association meeting. 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 were carried out with regard to the submitted application of Welby Holdings Limited and that the required waiting period for objections expired on May 2, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Welby Holdings Limited for a Municipal Plan amendment and re-zoning of 391 Lancaster Avenue 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 June 10, 1991. Question being taken, the motion was carried. Consideration was given to third reading of a proposed Zoning By-Law amendment to re-zone 1709 Hickey Road, and to the recommendation of the Planning Advisory Committee, submitted to Council on April 29, with regard to the land for public purposes, subdivision and cost-sharing of piping materials. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "C.P. 100-234 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the 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, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "C.P. 100-234 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Common Council (a) approve the location of the streets and land for public purposes as recommended by staff; (b) assent to one or more subdivision plans of one or more phases of the Eastwood Subdivision - Phase 6, showing the streets, land for public purposes, municipal services easements and public utility easements in a manner generally in accordance with the submitted reduced tentative plan; (c) authorize the preparation and execution of a City/Developer 82-924 COMMON COUNCIL MAY 6,1991 subdivision agreement to provide for the required services; and (d) authorize the cost- sharing of the piping materials as provided in the Subdivision By-Law for the portions of work required outside the limits of the subdivision. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Atlantic Neon & Plastic Signs Ltd. for an amendment to the Section 39 re-zoning of 600 Main Street, Building D, Hilyard Place, 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 June 24, 1991. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Mr. Geo. F. Robertson suggesting that the vacant property at 145 and 157 Queen Street South would be the ideal location for the initial phase of the children's gardens; requesting that sale of this property be delayed for one year and that he be given permission to encourage some of the local children to clean it up and plant some flowers throughout the property; and also requesting that, if this is considered to be a viable project, he be given an opportunity to address Council in person or that a representative be delegated to work as a liaison on behalf of Council to ensure the speedy start-up of this project -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letter from the Loyalist Day Observance Committee advising that it has reviewed the request to Council on March 11 by the West Side Preservation & Development Association for consideration to be given to setting aside a day this year to be known as Tilley Day, and expressing the view that May 18 would be inappropriate as a day to make special reference to Sir Leonard Tilley; noting that there has been a Canada Day July 1 ceremony in the past at the Tilley Monument in King Square which has been termed the Confederation Monument as Sir Leonard Tilley was one of the New Brunswick Fathers of Confederation, and the Tilley residences on Germain Street have been honoured with a plaque; and suggesting that, if it is taken that Sir Tilley did so much for New Brunswick, he should be recognized and it might be appropriate to honour him on New Brunswick Day, the first Monday in August, at which time there could be suitable ceremonies -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of St. James The Less Church Corporation for the re-zoning of 1770 Rothesay 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 June 24, 1991. Question being taken, the motion was carried. 82-925 COMMON COUNCIL MAY 6,1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Justin J. Keddy for the re-zoning of 292-294 Duke Street West 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 June 24, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Loch Lomond Villa Inc. for the re-zoning of 165-167 Loch Lomond 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 June 10,1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Saint John Central Business Development Corporation encouraging all Council members to ensure that their commitment to the revitalization of uptown Saint John continues in the 21 st century through the continued support of the new Marco Polo concept -- be received and filed. Councillor Knibb made the observation that Council took no action on Marco Polo Project Inc.'s April 22 presentation in Committee of the Whole and the Mayor advised that, having had difficulty scheduling a meeting with the Premier, a meeting will be held on May 10 following which she will report to Council. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from the Loyalist Zone Senior Friendship Games requesting a waiver of the green fee, golf club and cart rental charges at the municipal golf course during the 2nd Annual Loyalist Zone Senior Friendship Games from June 17 to 20 -- be referred to the Acting City Manager for a report to Council. Question being taken, the motion was carried. Consideration was given to a letter from Dr. Gerald P. Maloney, President of the Saint John Medical Society expressing concern for the health of the citizens of Saint John by the delay in the development of a modern solid waste management facility to replace the Lorneville dump, and that an expansion of the existing dump would be overloading its capacity and the subsequent leachate may threaten the City water supply, and also by the suggestion that an incinerator may be built to replace the dump as it would increase air pollution; and urging the City of Saint John to become more active in the recycling of waste materials. The Mayor advised that earlier this date she discussed the above letter with Dr. Maloney who agreed with her suggestion that his letter should be directed to Fundy SWAT in order for the Society to be updated on events taking place, and called for a motion to refer the letter to Messrs. W. Artiss, Chairman, and Burns MacMillan, General Manager, of Fundy SWAT asking them to contact Dr. Maloney for a meeting. 82-926 COMMON COUNCIL MAY 6,1991 On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the above letter be referred to Mr. W. Artiss, Chairman, and Mr. Burns MacMillan, General Manager, of Fundy SWAT, asking them to contact Dr. Maloney for a meeting. (Councillor Fitzpatrick withdrew from the meeting.) During discussion Deputy Mayor Gould and Councillor Davis, Council's representatives on Fundy SWAT, commented on SWAT's actions to date. (Councillor A. Vincent withdrew from the meeting during the above discussion.) 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