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1991-09-09_Minutes 83-94 COMMON COUNCIL SEPTEMBER 9, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of September, A.D. 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. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, 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; D. O'Leary, Director of Economic Development; S. Galbraith, Director of Supply and Services; D. Sherwood, Chief of Police; B. Thompson, Deputy Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that minutes of the meeting of Common Council, held on Tuesday, September 3, 1991, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting.) The Mayor expressed appreciation to the companies and persons involved in supporting the UNBSJ students in their recent Shinerama campaign and pancake breakfast, the proceeds of which will be donated to the Cystic Fibrosis Foundation; and extended congratulations to Patti Livingston, a local photographer, on having earned her Master of Photographic Arts Degree and her Gold Bar from the Professional Photographers of Canada Association during the 22nd Annual Convention in Ottawa, the receipt of both awards together being the highest honour attainable and denotes the ultimate in proven photographic quality and ability. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne advising that a representative of the Shriners' Yearbook & Masonic Directory has asked if the submitted letter of greeting from the Mayor and Council could be placed in the 1991 Yearbook and Masonic Directory; and noting that a similar request was approved by Council in 1990 -- be received and filed and a letter of greeting be placed in the Directory. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt Maritime Limited August 28-September 3, 1991 $71,131.64 83-95 COMMON COUNCIL SEPTEMBER 9, 1991 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of James Arthurs Electrical Co. Ltd., in the amount of $18,418.26, be accepted for a fire alarm system and electrical renovations in the Carleton Community Centre. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, contract 91-26, Gault Road reconstruction 1991, be awarded to the low tenderer, Nautilus Construction and Rentals Ltd., at the tendered price of $352,047.80, 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 Rogers Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Fundy Ventilation Ltd., in the amount of $24,764, be accepted for the supply and installation of an exhaust fume extraction system for the Works Department maintenance building on Boars Head Road. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Meridian Construction Inc., in the amount of $49,400, be accepted to replace the existing roof panels and install new siding at the Eastern Works Depot on Grandview Avenue. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Norman Wade Co. Ltd., in the amount of $15,434.16, be accepted for an electronic survey station for the Engineering Department. Question being taken, the motion was carried. Read a report from the City Manager advising that two companies responded to the tender for a tanker/pumper and that, on reviewing the bids, it was found that the low tender submitted by Phoenix Fire Apparatus Inc. in the amount of $257,084.79 did not meet the specifications in a number of areas, the most significant of which is that the strength of the frame is less than specified; and recommending the award of the tender to Metalfab Ltd. in the amount of $271,895.41. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of Metalfab Ltd., in the amount of $271,895.41, be 83-96 COMMON COUNCIL SEPTEMBER 9, 1991 accepted for the supply of a tanker/pumper truck to replace a 1970 Seagrave Tanker at No.2 Fire Station, Loch Lomond Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, although the 1991 capital program anticipated the removal of a small amount of contaminated soil when the Western fuel facility was decommissioned, the amount of soil, which the Department of Environment directed to be removed, was much larger than anticipated and the Department also directed that the contaminated materials be treated by Regional Petroleum Products and Recycling Ltd., for which the invoiced cost at $54 per metric ton was $17,123.68 for 296.36 metric tons; also advising that, while such amount is beyond staff's spending authority, the City continued doing the job in that staff treats contaminated soils on somewhat of an emergency basis in order to minimize the spread of contaminants once the areas are disturbed, and the work was necessary to remove all of the contaminated soil as directed by the Provincial Department; and recommending that authority be granted for payment of $17,123.68 to Regional Petroleum Products Recycling Ltd. for treatment of contaminated soil -- be received and filed and the recommendation adopted. (Councillor A. Vincent entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager clarifying the extent of the proposed Municipal Plan amendment for property at Douglas Avenue, Main Street and Chesley Drive, and proposing that the applicants, Malcolm A. E. Thorne, Douglas W. Thorne and Thorcor Holdings Ltd., be permitted to proceed with the re-zoning of a portion of City-owned land; noting that Council will consider at this meeting the referral of the subject application to the Planning Advisory Committee, set a date for a public hearing and authorize the public advertising; and recommending that (1) consideration of the Municipal Plan amendment for the complete site be fully reviewed as part of the normal report to the Planning Advisory Committee; and (2) Common Council authorize the applicant to proceed with the re-zoning of a portion of City-owned land -- be received and filed and the recommendation adopted. 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 Malcolm A. E. Thorne, Douglas W. Thorne and Thorcor Holdings Ltd. have been completed and that the required waiting period for objections expired on September 5, with written objections having been received from Mary F. Keith, Harold and Beverley Grew, Carol and Eric Madsen, Dale Russell, Eileen Walton, R. J. Butler and Carol Patterson. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the application of Malcolm A. E. Thorne, Douglas W. Thorne and Thorcor Holdings Ltd. for a Municipal Plan amendment and re-zoning of property on Main Street, Douglas Avenue and Chesley Drive 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 Tuesday, October 15, 1991. 83-97 COMMON COUNCIL SEPTEMBER 9, 1991 Councillor Flewwelling referred to a recent request from representatives of the applicant that future transactions be carried out in the name of Deans Hill Company Ltd., and the Mayor asked that staff ensure, prior to advertising, that the name of the applicant is correct. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following progress construction certificate, namely:- 1. Contract 90-20, Lancaster Wastewater Treatment Plant - Supplv of Blowers Ecoguard Systems Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated September 3, 1991 Final holdback release $140,000.00 140,000.00 Nil 119,000.00 21,000.00 1,470.00 $ 22,470.00 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that the report from the City Manager submitting information in Appendix A and Appendix B on vehicles and heavy equipment owned by the City and on vehicles and equipment scheduled to be sold at the public auction, as previously requested by Council; advising that, typically, a number of additions are made up to the actual auction date, but the submitted list represents the bulk of items that will be sold, and that a further report on the results of the September 21 public auction will be forwarded to Council upon its completion -- be received and filed. During discussion staff was requested to provide to Council members, prior to the auction, information on any additional equipment to be sold; Mr. Galbraith clarified that Appendix A includes motorized running stock as it will exist after the auction; and the past practice of using magnetic signs to denote any rented equipment in use by the City was noted. Question being taken, the motion was carried. Read a report from the City Manager advising that staff, after acquiring Council's general acceptance in Committee of the Whole on August 6 of a Letter of Offer from the Canada-New Brunswick Cooperation Agreement providing upwards of $450,000 financial assistance to build a new water tank reservoir at the Spruce Lake Industrial Park, required some changes to the Offer to allow the construction of this tank to take place as quickly and effectively as possible; and submitting a copy of the original Letter of Offer, as well as an amending letter, with which City staff is now satisfied and requests Council's approval to execute the agreement. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, (1) Common Council accept the New Brunswick Canada Industrial Sub Agreement offer of $450,000 to construct a new water tank reservoir in the Spruce Lake Industrial Park, and that the Mayor and Common Clerk be authorized to enter into 83-98 COMMON COUNCIL SEPTEMBER 9, 1991 the agreement; and (2) Council forward a letter to The Honourable Gerald Merrithew, Saint John's M.P., and to The Honourable Alan Maher, Provincial Minister of Finance, thanking both the Federal and Provincial Governments for their support; and further that a copy of the above report be forwarded to Saint John Industrial Parks Inc. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, contract 91-5, Canon Street retaining wall construction, be awarded to the low tenderer, F. A. Simpson Construction Ltd., Saint John, New Brunswick, at the tendered price of $49,177.68, 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 Flewwelling Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that, further to Council's consideration on September 3 of Sherry Cunningham's grant request, Common Council has two policies to review in considering whether or not such a request qualifies, the first policy being that administered by the Major Tournament Committee which provides financial assistance for sporting events to be held in the City, the second policy being that administered by the Recreation and Parks Advisory Board which provides for financial assistance to minor age groups which have won a Provincial championship or have been invited to participate in a sanctioned national or international championship; noting that the request at hand does not meet these qualifications; also advising that, basically, the existing policy does not provide assistance to adults or adult groups travelling out of the City to attend sporting events, the rationale for this being that such groups are in a better financial position to fund such trips and the number of requests would be significant if there were no restrictions as to age; and recommending that the request for funding be denied and there be no change made in the current City policies -- be received and filed and the recommendation adopted: AND FURTHER that staff provide, within a month, a teach-in for Council in open session on the City's grant policies. During discussion Mr. Wilson confirmed that Council has, on occasion, approved funding in spite of the policy in place, and the Mayor suggested that staff should provide a teach-in for Council in the near future on the matter of grant policies. 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 Strescon Limited have been completed and that the required waiting period for objections expired on September 5, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Strescon Limited for a Municipal Plan amendment and re-zoning of 101 Ashburn Lake 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 Tuesday, October 15, 1991. Question being taken, the motion was carried. 83-99 COMMON COUNCIL SEPTEMBER 9, 1991 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 Tuesday, September 3, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the City acquire land at the end of Celebration Street, as shown on the submitted plan, from the Province of New Brunswick, for a price of $1.00, with the City to be responsible for the cost of the survey which shall be recovered from money received in lieu of land for public purposes, such land to be used to create a playground in the Celebration Street area. 2. That as recommended by the City Manager, (1) Common Council resolution of August 7, 1990 authorizing the lease of Murder Hill to Warehouse and Transport Ltd. be rescinded; (2) a portion of the property on Prince William Street known as Murder Hill be leased to Warehouse and Transport Ltd. under the following terms: (i) area to be leased - 160 square feet as shown on the submitted plan; (ii) length of lease - 5 years from October 1, 1991; (iii) rental payable in advance: first year $130, second year $136.50, third year $143, fourth year $150 and fifth year $158; (4) as a condition of granting the lease, the lessee will erect and maintain a 6-foot high fence around the tank that is acceptable to the Planning Department, and will also plant and maintain three evergreen trees of at least 6 feet height between the fence and the street; (5) in the event the City has an alternate use for the property, the lease may be cancelled on six months written notice; (6) the lease will include a clause permitting a renewal under the same terms and conditions except that the rental will be negotiated; and (7) the City will grant a right-of-way to Warehouse and Transport Ltd. to permit access to the tank over City land lying between the leased parcel and Water Street. 3. That as recommended by the City Manager, the rental of the property at 34 Champlain Drive, which is leased to Mr. and Mrs. George Lagace, be increased to $575 per month in advance as at October 1, 1991. 4. That as recommended by the City Manager, the Faculty of Law of the University of New Brunswick be permitted to place a plaque on the City building at 55 Canterbury Street to commemorate the first Law School in the Province of New Brunswick, subject to approval being received from the Preservation Review Board. 5. That as recommended by the City Manager, an area of approximately 130 square metres or 1399 square feet be acquired from the property of Roy Marks on the Gault Road known as NBGIC Number 408500, for a price of $2,000, such property to be used in the reconstruction of a portion of the Gault Road. 6. That as recommended by the City Manager, (1) the fire lane lying to the rear of 632 Rothesay Avenue be advertised to vest in the City; and (2) upon vesting in the City, the said fire lane be transferred to Harry and Frances Daley for the costs incurred. 7. That as recommended by the City Manager, Gemtec Limited be hired on a per diem basis to provide the consulting services required for the expansion and eventual close-out of the Spruce Lake landfill, all in accordance with the terms of reference approved by the Province of New Brunswick. 8. That as recommended by the City Manager, approval be granted to reallocate funds in the amount of $60,000, approved earlier under the 1991 Capital Program, now to be used to design and enclose steel framing (50 x 50) at the West Works facility. 83-100 COMMON COUNCIL SEPTEMBER 9, 1991 September 9, 1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling 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 Coughlan Seconded by Councillor Flewwelling RESOLVED that section 5 of the above report be adopted. (Rescinded December 9, 1991 Bk. 83 pg. 264 ) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 8 of the above report be adopted. 83-101 COMMON COUNCIL SEPTEMBER 9, 1991 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Kennebecasis Obedience Club expressing support of a municipal by-law for pet shops - - be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Mr. M. S. Dickie, Terminal Manager of Esso Petroleum Canada in Saint John, submitting, as requested at Council's last meeting, written confirmation of his response to the questions presented by Mr. Lloyd Betts representing the South Central Citizens Council, and advising that the questions and answers as contained herein have been delivered to the residents and businesses of Broadview Avenue and the office of Mr. Betts -- be received and filed with appreciation. In response to Council queries, Mr. Robichaud advised that, with regard to an annual license fee, the agreement with the above Company is in line with the agreement previously negotiated for the pipeline to Coleson Cove; and Mr. Armstrong advised that staff is in the process of responding to questions posed by Mr. Betts to the City in his September 3 presentation in order to have a meeting with residents in this regard probably this week. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Flash Muffler Ltd. for an amendment to the Section 39 re-zoning of 184 Main 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 October 28, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from P. Tippett of 4273 Loch Lomond Road referring to the proposed Airport industrial park on the City water supply, which is the subject of an application for a Municipal Plan amendment and re-zoning of property at 4180 Loch Lomond Road for which the public hearing was held on July 22; and advising that, as at the last residents' meeting, nobody had yet been contacted by Transport Canada, the residents drafted and hand- delivered to the Airport Manager, a letter, a copy of which is submitted -- be received and filed. 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. 83-102 COMMON COUNCIL SEPTEMBER 9, 1991 Common Clerk