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1991-06-03_Minutes 82-960 COMMON COUNCIL JUNE 3, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of June, 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. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; S. Galbraith, Director of Supply and Services; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; R. McDevitt, Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Seth Crowell, Semi-Retired Baptist Minister, offered the opening prayer. Her Worship the Mayor, in acknowledging the commencement of Environment Week on this date, commented on the poster contest for Grades 1 to 3 students and the essay contest for Grades 4 to 6 students of School District Number 20, re-initiated this year by the City's Environment Committee; and made presentations to winners of the poster and essay contests as follows:- Grade 1 students Jennifer Oakford, Mike Thomas and Kayla Henstridge; Grade 2 students Jeffery Craft, Matthew Likely and Junior Doucette; Grade 3 students Rhonda Campbell, Johanna Wentzell and Lori-Ann March; Grade 4 students Kurt MacAlpine, Tim Lamb and Tasha Salesse; Grade 5 students Jim Grant, Shelisa Burns and Angela Beaman; and Grade 6 students Adam Fowler, Matthew Maillet and Kevin Loughery. The Mayor noted that, as well as certificates and cheques, contest winners were presented with red oak acorns from trees at Rockwood Park, and all students who participated in the poster and essay contests were presented with black spruce seedlings from J. D. Irving Ltd., and thanked the members of the Environment Committee, J. D. Irving Ltd., and those involved in the contests, following which Dr. John Acker, Chairman of the Environment Committee, addressed Council briefly concerning student participation in the poster and essay contests. (Councillor Rogers entered the meeting during the above presentation.) Following a brief recess, the meeting resumed. Deputy Mayor Gould, having noted his attendance at the closing sessions of National Access Awareness Week on June 1, presented the Mayor with a Certificate of Appreciation to the Works Department for its contribution to making service more accessible to wheelchairs and handicapped citizens through the improvement of ramps, curbs and streets, and the Minister of Tourism Recognition Incentive Award to the City of Saint John for improvements in the area of accessibility, and the Mayor, in turn, presented Mr. Robichaud with the Certificate of Appreciation. Councillor Coughlan extended congratulations to Mr. Todd on his election as President of the Canadian Housing and Renewal Association, and the Mayor proclaimed June 2 to 8 to be Census Week in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of the Common Council, held on May 27, 1991, be approved. 82-961 COMMON COUNCIL JUNE 3, 1991 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne advising that representatives of the Group Ten Architecture Partnership recently introduced to her and Mr. Robichaud the architectural services it provides and inquired as to the status of architectural services for the proposed new fire stations for the City, at which time both she and Mr. Robichaud were of the understanding that a call for proposals would be undertaken for such architectural services; however, having since learned that this was in error, the firm was informed; and submitting a letter subsequently received from the Group Ten Architecture Partnership expressing concern that proposals are in fact being solicited but from three invited firms only -- be referred to the Acting City Manager for a report to Council if further action is required. Councillor Coughlan clarified during discussion that the intent of his motion is that Council should be advised only if the action taken by Council at the last meeting was inappropriate. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Flewwelling RESOLVED that the letter to Deputy Mayor Gould from Andrea Gaunce noting that, while the City of Saint John has an annual spring clean-up program, it does not have a clean-up of accumulated litter from around the various areas of the City; and suggesting that Saint John should have a separate day or week for an annual spring roadside and street litter clean-up, as referred to in the submitted copies of newspaper articles -- be referred to the Acting City Manager, the Environment Committee and Keep Saint John Beautiful, Inc. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Fitzpatrick requesting that, in view of the recent publicity about the increase in crime and violence in Canada and particularly in New Brunswick, the City Solicitor and the Police Commission report to Council on the benefits of and problems with having a curfew by-law enforced in the City -- be referred to the City Solicitor and the Police Commission for a report to Council as soon as possible. Councillor Knibb, in noting that the City's 1970 Curfew By-Law requires that persons under the age of 16 years are to be at home between 11 :00 p.m. and 5 a.m., expressed concern that Council's implication that all young persons have to be curbed by a by-law could give a wrong message to young persons to whom consideration should be given because, in many cases, they have very few opportunities for gainful employment if they are not successful in school, and many are, in fact, unsuccessful in school, but not through their own fault; and made the observation that, as he was advised by a student who works in a job until 4 a.m. that she was stopped by the Police, it appears that the By-Law is being enforced. Councillor Rogers expressed concern that the above letter appears to suggest that most of the crime and violence is attributable to young persons which, in her opinion, is not the case. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. 82-962 COMMON COUNCIL JUNE 3, 1991 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 22-28, 1991 $13,745.31 Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the Acting City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-11, West Saint John Area Sewers Nautilus Construction Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sub-total G.ST component Sum recommended for payment, Progress Estimate Number 4, dated May 24, 1991 Final holdback release $131,638.10 116,943.21 Nil 114,943.21 2,000.00 140.00 $ 2,140.00 Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Acting City Manager, the tender of Provincial Electric, in the amount of $20,600, be accepted for electrical work at the City's Works buildings on Grandview Avenue and Mcintosh Street. Question being taken, the motion was carried. Read a report from the Acting City Manager advising that public tenders were called for the supply of 3 sander/salter units and 3 water trailers for use by the Parks Department and that, because it was realized in reviewing the tenders that there were not sufficient funds to cover this cost and other equipment required by the City, it was decided to reduce the numbers to 2 of each, rather than 3, as they are new, rather than replacement, pieces of equipment; also advising that the Purchasing Agent contacted the recommended suppliers to ensure that the unit prices would be the same based on the reduced number of units; and recommending acceptance of the lowest bid meeting the specifications. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, the tender of Saunders Equipment Ltd., in the amount of $6,146.35 each, be accepted for the supply of 2 sander/salter units, and the tender of BWS Manufacturing Ltd., in the amount of $12,898.42 each, be accepted for the supply of 2 water trailers. Question being taken, the motion was carried. 82-963 COMMON COUNCIL JUNE 3, 1991 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Acting City Manager, the tender of County Tractors & Machinery Ltd., in the amount of $27,726.86, be accepted for the supply of one Case/IH, Model 485 farm tractor complete with a model 2250 loader. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender of Superior Concrete Products be accepted for supplying precast concrete grade ring segments for a period of one year from August 1, 1991 to July 30, 1992, at the unit prices quoted, as follows:- (1) 75 mm grade rings @ $5.08; (2) 100 mm grade rings @ $5.52; (3) 125 mm grade rings @ $5.58; (4) 150 mm grade rings @ $5.80; and (5) 300 mm grade rings @ $7.55. Councillor A. Vincent, based on his understanding that the above Company is no longer in business, expressed the opinion that persons should not tender and subsequently go back into business and, in response to Councillor A. Vincent's about the location of Superior Concrete Products, Mr. Hanlon advised that it is located on Ashburn Lake Road. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the Acting City Manager, the tender of Harold Peer Ltd., in the amount of $23,197, be accepted for the supply and installation of a truck bay exhaust and a make-up air system at #4 Fire Station on Courtenay Avenue and #8 Fire Station on Millidge Avenue. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, the tender of Apex Machine Works Ltd., in the amount of $55,417, be accepted for the supply and installation of ten overhead doors. 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 Choice Drywall Ltd., at a cost of $23,575, be accepted for performing renovations to the 9th floor of City Hall. In response to Councillor Landers' concern about expending funds for renovations to a building from which the City might move, Mr. Wilson advised that, although staff is reviewing the options under the City Hall lease, no decision about moving from the building has been made, and that the expenditure in question is related to the City's own premises and is not being incurred on behalf of the landlord. Question being taken, the motion was carried. 82-964 COMMON COUNCIL JUNE 3, 1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Acting City Manager, the tender of Peter A. Martin Ltd., in the amount of $17,669, be accepted for the resurfacing of the roofs of the Golf Course club house and storage building and the horse barn in Rockwood Park. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager advising that staff has reviewed with Mrs. Elaine Sleeth the petition for the installation of a crosswalk on Prince Edward Street, which was considered by Council on May 21, and Mrs. Sleeth has been advised that an additional crosswalk will be installed to facilitate the concerns expressed; and also advising that this can be done without any loss of parking and can be located near an existing stop sign that controls traffic entering Prince Edward Street from Carmarthen or Union Streets -- be received and filed. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the report from the Acting City Manager referring to the request considered at the last meeting from the Saint John Dodgers slo-pitch softball team for a waiver of the user fees for ballfields, and expressing the opinion that moving from the policy of charging for the use of City facilities, which was recently reaffirmed by Council, would be establishing a dangerous precedent inasmuch as ball tournaments are frequently occurring within the City; and recommending that the Saint John Dodgers' request for waiver of ballfield rental charges be denied and the team be advised to contact the Major Tournament Committee to determine if this event would warrant assistance under its guidelines -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the report from the Acting City Manager advising that, as part of the enhanced By-Law Enforcement Program, staff will be reviewing all by-laws and, if appropriate, recommending updates, amendments or, when a by-law is no longer relevant, appeal; advising that the Minimum Property Standards By-Law contains provisions which are similar to those contained within the Lodging Houses By-Law and, as the latter By-Law is redundant and the City will have no loss of control over lodging houses, its repeal is considered appropriate; and recommending that the submitted Repealing By-Law, which was prepared by the Legal Department, be adopted -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Repeal A Law To Regulate Lodging Houses In the City Of Saint John", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Repeal A Law To Regulate Lodging Houses In The City Of Saint John". 82-965 COMMON COUNCIL JUNE 3, 1991 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED the by-law entitled, "A By- Law To Repeal A Law To Regulate Lodging Houses In the City Of Saint John", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Repeal A Law To Regulate Lodging Houses In The City Of Saint John". (Deputy Mayor Gould withdrew from the meeting due to a possible conflict of interest.) 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 Mr. Frank R. Arbo, Sr., have been completed and that the required waiting period for objections expired on May 29, with a petition having been received from area residents objecting to the proposed re-zoning. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Frank R. Arbo, Sr., for a Municipal Plan amendment and re-zoning of 300 Sandy Point 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 22, 1991. Question being taken, the motion was carried. (Deputy Mayor Gould re-entered the meeting.) On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-236 A Law To Amend The Zoning By-Law Of The City Of Saint John", by deleting subsection (1) of Section 880 and enacting a new subsection (10) to read as follows: "(10) No excavation permit may be issued under subsection (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." -- be read a third time and enacted and the Corporate Common Seal be affixed thereto. (The Mayor withdrew from the meeting as she was not present for the public hearing with regard to the above-proposed By-Law amendment, whereupon Deputy Mayor Gould assumed the chair.) The by-law entitled, "By-Law Number C.P. 100-236 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Councillor Knibb made the observation that Galbraith Construction Ltd. submitted a letter (copies of which were distributed to Council members at this meeting) regarding a resultant increase in gravel costs upon enactment of the above amendment, and re-iterated his concern. Question being taken, the motion was carried with Councillor Knibb voting "nay". (The Mayor re-entered the meeting and reassumed the chair.) 82-966 COMMON COUNCIL JUNE 3, 1991 (Councillor Landers withdrew from the meeting.) 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 May 27, 1991, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, 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, all tenders received for the purchase of City-owned lands be rejected. 2. That as recommended by the Acting City Manager, (1) Mr. Keith Cogswell, as owner of Spuds and Stuff, be granted a license until October 31, 1991 to use approximately 4,400 square feet of City-owned land located at the south corner of the McAllister Drive/Golden Grove Road intersection as generally outlined on the submitted plan, that the cost of the license will be $200 per month, and that Mr. Cogswell be requested to remove the stand by November 30, 1991; and (2) the owners of the Three Mile Tavern be granted a license, until April 30, 1992, to use approximately 26,000 square feet of City-owned lands on Golden Grove Road, generally as outlined on the submitted plan, at a cost of $500 per month. June 3, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers 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 the 1990 Annual Report of the Saint John Aquatic Centre Commission be received and filed and the members of the Commission be thanked for their service to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the letter from Premier Frank McKenna regarding Common Council resolution of February 25 inquiring as to the availability of funding from the Province for sign language interpretation; advising that there was some money allocated for that purpose but not as part of a pilot project with the Saint John Hearing Society, although a small sum was allocated during fiscal year 1990-91 to the Translation Bureau for sign language interpretation services on a 82-967 COMMON COUNCIL JUNE 3, 1991 Province-wide basis and this same amount has been renewed for the present year; and also advising that the fiscal situation requires that the Province utilize scarce resources in the best possible way; however, it is hoped the Province will be able to continue to support this worthwhile endeavour in the future -- be received and filed and a copy be forwarded to the Saint John Hearing Society. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from The Gideons International In Canada advising of its National Convention in Saint John on July 7-11, 1992, and applying for a grant in this regard -- be referred to the Acting City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the petition concerning noise pollution coming from the Buccaneer's Club on Main Street West, and asking Council's assistance to enforce the Noise By-Law -- be referred to the City Solicitor and the Chief of Police. (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from R. M. White regarding the award of the tender at the last meeting for the demolition of 46 Station Street to Galbraith Construction Ltd., with his tender of $7,420 having been discarded as it failed to state G.ST included; expressing the understanding that, when a price is quoted, it is the price billed, not more, not less; advising that, after the tenders were opened on May 15, he indicated to Bert Steeves that his price did include GST and, in fact, was low tender, and that not once was he called to confirm his price, nor should he have to confirm a total price; and stating that he trusts there is something that can be done to right this wrong -- be received and filed. Mr. Rodgers advised that, because the Federal Excise Act requires that it be shown whether G.ST is included in the price or whether it is to be added on, the R. M. White tender did not do so and, while in itself this would not be grounds for disqualification if only one individual was being dealt with, in the tendering competitive operation it would make no sense to contact that person and ask that question after the tenders have been opened; and expressed the opinion that there was justification for not considering the R. M. White bid, which made no reference to the G.ST, and going to the next lowest tender; whereupon the Mayor asked Mr. Rodgers to assist the Common Clerk in preparing a response to Mr. White explaining the situation. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the 435-436 Burma Star Squadrons Association advising that its 45th annual reunion will be held in Saint John on September 27-29, 1991, and asking that Council consider subsidizing the Sunday morning brunch or the lobster outing -- be referred to the Acting City Manager. 82-968 COMMON COUNCIL JUNE 3, 1991 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Mr. Joseph Anthony Osborne for the re-zoning of 56-60 Albert 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 July 22, 1991. 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