1992-04-06_Minutes
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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-
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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.
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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
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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.
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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.
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COMMON COUNCIL
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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.
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COMMON COUNCIL
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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.
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COMMON COUNCIL
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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.)
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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.
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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