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1991-05-21_Minutes 82-940 COMMON COUNCIL MAY 21,1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-first day of May, 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; S. Armstrong, Director of Engineering; B. Butler, Director of Water & Sewerage; S. Bedford, Director of Community Planning; A Bodechon, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; M. Hanlon, Purchasing Agent; Ms. C. Joyce, Assistant Common Clerk; and Ms. L. Linton, Secretary. Father E. O'Leary of St. Ann's Roman Catholic Parish offered the opening prayer. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on May 13, 1991, be approved. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne advising that Dr. Scott Giffin, District Medical Health Officer, has brought to her attention recent changes in the Department of Health's regulations, and that effective June 1, 1991 there will be a fee of $15.00 per sample for testing and processing of water samples, a fee of $100.00 for on-site sewage disposal application and inspection, and a fee of $100.00 for re-inspection of sewage systems not meeting regulatory requirements on final inspection and that the sampling plan for the municipal system is 25 samples per week; and asking that the Acting City Manager immediately address this matter in that the City budget will have to be adjusted to accommodate the changes as announced by the Minister of Health -- be referred to the Acting City Manager for a report to Council. Her Worship the Mayor advised that the above-noted matter is one of a list of items discussed at the Cities of New Brunswick meeting and that she would provide a copy of this list to the Councillors and staff; and Mr. Robichaud advised that the estimated cost to the municipality for these services for the remainder of 1991 is $12,000. 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 May 8-14, 1991 $8,687.76 82-941 COMMON COUNCIL MAY 21,1991 Question being taken, the motion was carried. Consideration was given to a report from the Acting City Manager submitting a copy of Galbraith Construction Ltd.'s invoice for rental of two backhoes which were required for the repair of a 36-inch watermain leak on the Saint John Throughway during the period February 8 through 28, and recommending payment of this invoice, with funding to be provided from the 1991 Operating Budget of the Water and Sewerage Utility. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of Galbraith Construction Ltd. invoice #91-035, dated March 11, 1991, in the amount of $20,196.25, for rental of one and one-half cubic yard excavators during the period February 8 through 28, 1991. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that two of the six companies responding to the public tender for mowing equipment did not submit the proper bid deposits and were therefore not considered for award, and that the lowest bidder for supply of a ride-on-mower, Maritime Farm Supply (1990) Ltd. in the amount of $7,425 plus taxes, has offered a machine which is smaller in size and engine capacity and does not contain the safety features specified for the City's use, and submitting a recommendation for award of the tender. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, the tender of Eastern Turf Products Ltd., in the amount of $19,364 plus taxes, be accepted for the supply of one greens mower, and for the supply of a ride-on-mower, in the amount of $13,687 plus taxes. 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, contract 91-4, St. John Street and St. George Street water and sewer renewals, be awarded to the low tenderer, QM Construction Ltd., at the tendered price of $415,985, 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 Coughlan Seconded by Councillor M. Vincent RESOLVED that the report from the Acting City Manager referring to Council's consideration at the last meeting of the request of the New Brunswick Blind Sports Association Inc., Fundy Region, for the Lily Lake Pavilion rental fee to be either waived or subsidized; explaining that Council's current policy is that rental charges for the Pavilion must always be levied and that in no circumstances will the amount be waived, although Council will entertain requests for assistance from organizations whose objectives are deemed to be for the public good; and recommending that a contribution of $300 be made to the New Brunswick Blind Sports Association Inc., Fundy Region, and that the Association be advised that the rate quoted to it for use of the Lily Lake Pavilion stands -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 82-942 COMMON COUNCIL MAY 21,1991 Read a letter from the Acting City Manager submitting a report from the Legal Department with a recommendation with regard to a request for a building permit to replace a set of wooden stairs leading from 150 Broad Street to Mme. Elodie M. Gallant's front door, and recommending adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Acting City Manager, the Mayor and Common Clerk be authorized to execute a license agreement wherein Mme. Elodie M. Gallant shall be given permission to replace the wooden stairs leading to her premises at 150 Broad Street, provided such replacement stairs are made from wood and in substantially the same place as at present. Mr. Wilson confirmed that a building permit to replace the stairs could not be issued without approval of the above license agreement due to an encroachment of the stairs on the street right-of-way. (Councillor Rogers entered the meeting) Question being taken, the motion was carried. Consideration was given to a letter from the Acting City Manager submitting a report from the Legal Department with a recommendation with regard to a request from the solicitor for Saint John Non-Profit Housing Incorporated for an easement permitting the encroachment of two of his client's buildings upon 194 and 206 Main Street, and recommending adoption of the submitted resolution. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 Saint John Non-Profit Housing Incorporated to permit the encroachment of the northeast corner of the building at 194 Main Street upon the said Main Street and to permit the encroachment of the northwest corner of the building at 206 Main Street upon the said Main Street, such easement to terminate with the destruction or removal of such encroachments. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting a copy of the Acting City Manager's tender report with regard to contract 91-2, McAllister Drive street reconstruction, which was considered at the last meeting during which time questions were raised about the tendering procedure and whether Grove Construction (1986) Inc. had met the tender specifications and procedures; and expressing the opinion that Grove Construction (1986) Inc. complied with the City's tendering policy and is eligible to be considered by Council as an appropriate tenderer in this matter. The letter quotes from the March 18, 1983 Council policy dealing with the correction or withdrawal of tenders before tendering opening, and expresses the opinion that the policy is sound and intended to be fair and in the public good; refers to a British Columbia case, of which he advised Council in August 1990, dealing with local preference which, while not binding law in New Brunswick, is a matter for consideration in this instance, and suggests that, as matters such as the awarding of construction contracts deal mainly with economic issues with no connection to moral questions, Council should keep in mind that the main consideration is the public good as opposed to individual benefits. The letter concludes that, with regard to the motion which was defeated on May 13, 1991 to award the contract to Grove Construction (1986) Inc., Council is permitted, in the circumstances, under section 13(5) of its Procedural By-Law to deal with the whole matter again at a subsequent meeting. Consideration was also given to letters from (a) Mr. Victor H. Ego, President of Nautilus Construction & Rentals Ltd., requesting to address Council prior to the award of contract 91-2 to clarify certain comments of Council and members of staff that were made at the last Council meeting; (b) Mr. Brian D. Moore, President of 82-943 COMMON COUNCIL MAY 21,1991 Fundy Fencing Ltd., advising that this firm has been named as the fencing sub- contractor in the Nautilus Construction bid, and asking that consideration be given to the fact that it is a twelve-year old Saint John firm doing business in the community; (c) Mr. Robert Wilson, District Manager of Grove Construction (1986) Inc., in response to questions and comments raised by members of Council during the May 13 deliberations on the award of contract 91-2, advising that the correct procedure was established with the City of Saint John personnel prior to submission of its second tender and that he understands that there is some question as to whether or not Grove Construction should be considered a local company, and also advising that he will be attending this meeting of Council to answer any questions Council may have concerning this matter; as well as to a second letter from Mr. Victor H. Ego, President of Nautilus Construction & Rentals Ltd. (copies of which were distributed to Council members at this meeting), withdrawing his above-mentioned request to address Council. Councillors Knibb and Landers, the mover and seconder of the motion to award the above tender to Nautilus Construction and Rentals Ltd., which was tabled at the last meeting, withdrew the said motion. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the Acting City Manager, contract 91-2, McAllister Drive street reconstruction, be awarded to the low tenderer, Grove Construction (1986) Inc., at the tendered price of $337,015.44, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letters from the City Solicitor, Nautilus Construction & Rentals Ltd., Fundy Fencing Ltd. and Grove Construction (1986) Inc., regarding contract 91-2, be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-235 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 910(3)(f) to read as follows: "Notwithstanding the foregoing, staff, Planning Advisory Committee or Common Council may initiate amendments to this By-Law, or Common Council may authorize the holder of an option or a purchase and sales agreement for City-owned land to apply for an amendment to this By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-235 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 82-944 COMMON COUNCIL MAY 21,1991 Your Committee begs leave to report that it sat on May 13, 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 Mayor and Common Clerk be authorized to execute the submitted letter signifying the City's agreement to pay to CNR the increased rental for land on Thorne Avenue which provides access to the sewage treatment plant, and the letter be returned to CNR. Tuesday, May 21,1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent 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 Laurie London, an employee of the Finance Department, on an actuarially-adjusted pension under provisions of Section 4(2) of the Pension Act. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the New Brunswick Council of Girl Guides of Canada requesting financial assistance for a District Commissioners Conference being sponsored by the National Council of Girl Guides of Canada in Saint John from October 31 to November 3 -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from The Company, a Saint John community theatre, submitting a copy of advertising prices and sizes for its program, and asking the City to support this project -- be received and filed and a one-half page advertisement be purchased at a cost of $95 plus GS1. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Ron Ferguson for the re-zoning of 1439 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 July 8, 1991. Question being taken, the motion was carried. 82-945 COMMON COUNCIL MAY 21,1991 On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the petition for a crosswalk at 20 Prince Edward Street be referred to the Acting City Manager. Question being taken, the motion was carried. Her Worship the Mayor extended a message of condolence to the family of the late Willard J. VanWart, a retired City employee, who passed away on May 18, 1991. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Assistant Common Clerk