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1992-04-06_Minutes 83-459 COMMON COUNCIL APRIL 6, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixth day of April, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; 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; B. Morrison, Director of Parks; M. Jamer, Director of Works; S. Galbraith, Director of Supply and Services; M. Hanlon, Purchasing Agent; D. Sherwood, Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Lloyd Lake, Retired Anglican Minister, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that minutes of the meeting of Common Council, held on March 30, 1992, be approved. In response to Councillor A Vincent's query as to the whether or not staff's report on the Champlain Heights Home and School Association's presentation at the last meeting will address the matter of constructing an alternate road, the Mayor asked that staff review this matter for inclusion in the anticipated report. Councillor M. Vincent asked if staff's report on the Greenwood Subdivision's presentation at the last meeting, which is on the Committee of the Whole agenda of this date, will be considered in the next open session of Council, and Mr. Armstrong explained that the reason for the report being in Committee of the Whole on this date is that the matter is still under negotiation among the parties and direction is being requested from Council, and the Mayor confirmed that there will be a report at Council's next open session in this regard. (Councillor Rogers entered the meeting during the above discussion.) Question being taken, the motion was carried. Councillor A Vincent, in referring to the City Manager's item on the Legal Session agenda of this date concerning the tender for asphaltic concrete mixes, noted that he requested, at the March 30 open session, that the tender specifications be submitted to Council. On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that the tender specifications for the tender for asphaltic concrete mixes be added to the agenda of this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above- 83-460 COMMON COUNCIL APRIL 6, 1992 mentioned specifications be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following progress construction certificate, namely:- 1. Contract 91-0806T Carleton Community Centre Install alarm system James Arthur Electrical Contractors Ltd. Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated April 1, 1992 Final holdback release $18,418.26 18,418.26 Nil 10,200.00 $ 8,218.26 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 construction progress certificate, namely:- 1. Contract 91-0832 T Spruce Lake Screen House Electrical Heat Conversion Bob Jeffery Electrical Ltd. Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated April 1, 1992 Final holdback release $14,750.00 15,221.49 Nil 12,537.50 $ 2,683.99 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-0827 D-T Courtenay Avenue Police Station Miscellaneous Renovations Erb's Enterprises Ltd. Original contract amount Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated April 1, 1992 Final holdback release $26,500.00 26,500.00 Nil 22,525.00 $ 3,975.00 Question being taken, the motion was carried. 83-461 COMMON COUNCIL APRIL 6, 1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Thornes Ltd., in the amount of $21,900, plus taxes, be accepted for the supply of one ride-on mower. 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 for equipment be awarded as follows:- Bid No. 92-7016T to Lounsbury Industrial Ltd. in the amount of $20,964.09; Bid No. 92-7016A T to Saunders Equipment Ltd. in the amount of $159,686.27; Bid No. 92-7021T to Marine Industrial & Technical in the amount of $29,598.67; Bid No. 92-7025T to BWS Mfg. Ltd. in the amount of $13,183.47; and Bid No. 92-3201T to Saunders Equipment Ltd. in the amount of $14,240.52. Question being taken, the motion was carried. Read a report from the City Manager regarding the request to Council on February 10 of Jervis Bay (Memorial) Pipe Band for a grant to cover the fees for use of the Lily Lake Pavilion. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a grant in the amount of $650 be provided to Jervis Bay (Memorial) Pipe Band, from the special events fund, to waive the rental fee associated with the Lily Lake Pavilion to host a ceilidh in honour of the 78th Fraser Highlander Pipe Band on May 9, 1992. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the Five-Star Community Awards Program jointly sponsored by the National Access Awareness Week Board of Directors, the Federation of Canadian Municipalities, and the Department of the Secretary of State; advising the various areas from which input was collected in preparation of Five-Star applications, which were reviewed by a sub- committee of the Saint John Ability Advisory Committee, as indicated in the submitted letter from the Committee endorsing the City's applications for three areas, namely, housing, recreation and education; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council support the applications for Five-Star Community Awards in the areas of recreation, housing and education, and that a copy of this resolution be forwarded to the Secretary of State Department. Question being taken, the motion was carried. Read a report from the City Solicitor advising that, in accordance with Common Council resolution of February 17, 1992, the City of Saint John filed, with the Expropriations Advisory Officer on February 24, a Notice of Intention to Expropriate a parcel of land on the west side of Adelaide Street between Main and Metcalf Streets, and that the Expropriations Advisory Officer has advised that no Notice of Objection has been filed with him within the time prescribed by the Expropriation Act and that the municipality may now proceed in accordance with Section 19 of the Act; and 83-462 COMMON COUNCIL APRIL 6, 1992 recommending adoption, if Council wishes to proceed, of the submitted resolution following which the Notice of Expropriation will be registered and the land will vest in the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated February 17, 1992 authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter- described lands and premises was filed with the Expropriations Advisory Officer on February 24, 1992; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John; AND FURTHER WHEREAS Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E-14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner as of the date of registration of the Notice of Expropriation if at that time no owner is in occupation of the land; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are not occupied by the owners: NOW THEREFORE Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the date of registration of the Notice of Expropriation. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a report from the City Solicitor advising that, in accordance with Common Council resolution of February 17, 1992, the City of Saint John filed, with the Expropriations Advisory Officer on February 24, a Notice of Intention to Expropriate a parcel of land on the southwest corner of Adelaide and Metcalf Streets, and that the Expropriations Advisory Officer has advised that no Notice of Objection has been filed with him within the time prescribed by the Expropriation Act and that the municipality may now proceed in accordance with Section 19 of the Act; and recommending adoption, if Council wishes to proceed, of the submitted resolution following which the Notice of Expropriation will be registered and the land will vest in the City of Saint John. 83-463 COMMON COUNCIL APRIL 6, 1992 On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated February 17, 1992 authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter- described lands and premises was filed with the Expropriations Advisory Officer on February 24, 1992; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; AND WHEREAS Common Council wishes to confirm the Notice of Intention to Expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John; AND FURTHER WHEREAS Common Council has by resolution immediately preceding these presents authorized the expropriation of lands and premises described in Schedule "A" attached hereto; AND WHEREAS section 22, subsection (1) of the Expropriation Act, Chapter E-14, of the Revised Statutes of New Brunswick 1973, allows an expropriating authority to take physical possession of expropriated lands and premises and occupation as an owner as of the date of registration of the Notice of Expropriation if at that time no owner is in occupation of the land; AND WHEREAS the lands and premises described in the resolution immediately preceding these presents are not occupied by the owners: NOW THEREFORE Common Council does hereby authorize the taking of physical possession by the City of Saint John, the expropriating authority, of the lands and premises described in Schedule "A" attached hereto on the date of registration of the Notice of Expropriation. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Common Clerk advised that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation have been completed with regard to the submitted application of Awning World Limited, concerning property at 485 Lancaster Avenue, and that the required waiting period for objections expired on April 1, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Awning World Limited for a Municipal Plan amendment and re-zoning of property at 485 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 8, 1992. 83-464 COMMON COUNCIL APRIL 6, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-268 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land with an area of approximately one hectare, being part of NBGIC Number 429738, located at the end of the newly-created Honeysuckle Drive in the Meadowland Subdivision at 1100 Sand Cove Road, from "R-1 B" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be pursuant to Section 39 resolution requiring: (a) that development be limited to the proposed 22 units of one- storey townhouses; (c) detailed site and drainage plan; (c) landscaping and fencing plan; and (d) development to City standards of the proposed public street access to the adjoining Provincial Department of Supply and Services property boundary to the west. The by-law entitled, "By-Law Number C.P. 100-268 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 Your Committee begs leave to report that it sat on March 30, 1992, 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 City Manager, approximately 10.6 acres of City land on the corner of Loch Lomond Road and St. Martins Road be leased to the Province of New Brunswick, Department of Natural Resources and Energy, under the following terms:- (1) term of lease - 10 years from April 1, 1992; (2) rent - $500 per year in advance; (3) clauses to be included - (3.1) no permanent structures requiring on-site sewage disposal will be placed on the property; (3.2) the lessee will be responsible for all taxes assessed against the property and will have the right to appeal the assessment if it desires; and (3.3) the site to be used for moose registrations, moose hunter testing, hunter education, firearm practice and parking, and any change in these proposed uses, or any excavation or major change in elevation, will require the prior approval of the City's Housing and Property Management Department; and (4) the lessee will be responsible for the preparation of the subdivision plan required to create the parcel and will prepare the draft lease for the City's consideration. 2. That as recommended by the City Manager, the 60 x 60 foot parcel of City land, lying to the rear of the property at 10 Thomas Avenue, be leased to Allan Eldridge under the following terms: (1) length of lease - 5 years from April 1, 1992; (2) termination clause - 1 month notice; (3) rental - $60 per year in advance; (4) the lessee will be responsible for any taxes that result from the granting of the lease; and (5) the lessee will be responsible for any costs necessary to complete the lease. 3. That as recommended by the City Manager, the following properties be declared surplus to the City's needs and be made available for sale in conformity with the Policy on Acquisition and Disposal of Property: (1) 199 Britain Street; (2) 54 Main Street; (3) 321 Princess Street; (4) 147-155 Queen Street; (5) 26 Taylor Avenue; (6) Woodward Avenue around trailer park; (7) 2 York Street; and (8) 4 York Street. 83-465 COMMON COUNCIL APRIL 6, 1992 4. That as recommended by the City Manager, the submitted work programs for various budget areas, submitted with the City Manager's report as Schedule A to H, be approved in the total amount of $15,235,000. April 6, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, 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 Knibb Seconded by Councillor Fitzpatrick RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb 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. Mr. Robichaud advised that staff is proposing to do a very detailed public relations program so that the public will be aware of the projects included in the Capital Budget Work Programs, and noted that the above report provides a detailed list of projects that matches the envelopes approved by Council in the Capital Program. Mr. Armstrong highlighted the projects included in Schedules A - Transportation, B - Transportation (prior approval for 1993 projects), C - Flood Risk Abatement, E - Water, F - Sanitary Sewers, and G - Storm Sewer; Mr. Morrison noted the projects included under Schedule D - Parks & Recreation; and Mr. Todd commented on Schedule H - City Buildings/Facilities. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Saint John Parking Commission responding to a complaint surrounding the towing of Mr. C. R. Waldschutz's vehicle on February 18 and his subsequent letter to Councillor Flewwelling; expressing the opinion that the current ticket procedures are satisfactory and should not be changed -- be received and filed, and the Commission be thanked for the response and urged to carry out advertisements about the residential parking permit program. 83-466 COMMON COUNCIL APRIL 6, 1992 Moved in amendment by Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the above motion be amended to request the Parking Commission to interview Mr. Waldschutz in this regard. Mr. Rodgers asked the propriety of the Commission's involvement with the Police in enforcing the Motor Vehicle Act, which is a Provincial statute, and the Mayor clarified that the Parking Commission is being asked to review the residential parking permit policy in an attempt to correct the problem that exists with regard to persons living in the area having the right to park without having their vehicles towed. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the amendment to the motion was carried with Councillor Fitzpatrick voting "nay". Question being taken, the motion as amended was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the City of Saint John Environment Committee submitting Mr. Frank J. Hogan's letter of resignation from the Committee, and recommending that Council fill this vacancy at the earliest possible time -- be received and referred to the Nominating Committee and Council accept Mr. Hogan's resignation and thank him for his service to the City. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from The Honourable Jane Barry, Minister of the Environment, regarding the Department's agreement to provide 80 per cent of the estimated cost of $4,600,000 to a maximum of $3,680,000 of the Lancaster sewage lagoon project, unless the municipality obtained written approval to increase the eligible capital costs of the project; advising that staff of the Department has been advised that the total cost of the project has increased by $850,000; and confirming that the Department is prepared to share this additional cost in the same proportion as provided in the original agreement, with the maximum payment to be made by the Province increased by $680,000 and the maximum grant not to exceed $4,360,000 -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Major Industrial Accidents Council of Canada noting that Saint John has been selected as the site for an international conference "The Practical Approach to Hazardous Substances Accidents", from September 7 to 10, 1993; and asking that the City of Saint John consider sponsoring the reception on the evening of September 6 and also, in order to help keep the overall costs down and thereby permit a greater level of participation in the lobster boil, to waive the usual rental for the Lily Lake Pavilion, and further that the City may wish to donate a prize for the golf tournament -- be referred to the City Manager for a report to Council. (Councillor A. Vincent withdrew from the meeting.) 83-467 COMMON COUNCIL APRIL 6, 1992 The Mayor noted that the Tourism Industry Association of Canada has selected Saint John as the site for the 1993 Annual National Tourism Conference to be held February 21 to 23. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the letter from the Saint John Ability Advisory Committee submitting its proposed budget, further to its January 20, 1992 presentation to Council, and asking for Council's support in this regard -- be referred to the City Manager for a report at the next meeting. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Ability Advisory Committee submitting the summary of data analysis compiled from its Handicap Parking Survey completed in February 1992 as an update to its January 20 presentation to Council; and advising that, as a result of a meeting with Mr. Richard Smith, Administrator of the Saint John Parking Commission, The Honourable Sheldon Lee, Minister of Transportation, and David Sherwood, Chief of Police, on the noted key issues, the Committee will prepare a final presentation of recommendations for Council's consideration and implementation -- be received and referred to the City Manager, and the Committee be thanked. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Raymond P. Brown, President of Anderson Insurance Limited, expressing his displeasure with the City's intended eviction of the Saint John Fish & Game Association from the Lily Lake Pavilion -- be received and filed and the Acting City Manager be asked to converse with Mr. Brown to update him on the City's efforts in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the City Clerk of Vancouver, British Columbia, submitting a report of the Vancouver City Council's Special Advisory Committee on Peace, concerning the Canadian Arms Export to the Mideast; advising that the City Council approved the recommendations contained in the report, and requests the support of Common Council -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Belfast Children's Vacation - Saint John Inc. requesting that the City provide a grant to cover the cost of the rental of the Lily Lake Pavilion on April 11 for a dance to supplement its other fund-raising activities for its project -- be referred to the City Manager. Question being taken, the motion was carried. 83-468 COMMON COUNCIL APRIL 6, 1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the request of the Sea Belles Ladies Barbershop Chorus of Saint John requesting the waiver of the rental fee of the Lily Lake Pavilion on September 26 for its fund-raiser dance -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the Saint John Amateur Speed Skating Club requesting that the City of Saint John sponsor its Speed Skating Summer School by providing the required ice rental for a reduced rate, equivalent to its regular season subsidized rate -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk