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1992-04-21_Minutes 83-483 COMMON COUNCIL APRIL 21, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-first day of April, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. 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. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on April 13, 1992, be approved. Councillor Knibb questioned the status of the demolition tender for the structure at 1377 Lorneville Road, which was tabled at the last meeting pending the owner's completion of its removal within 7 days, to which Mr. Brown indicated that the Building Inspector would be present later in the meeting to update Council in this regard. Question being taken, the motion was carried. The Mayor commented on a major clean-up campaign to be held on April 25 in recognition of Earth Day. The Mayor called for a motion to add to the agenda of this meeting the matter of the appointment of the Commissioner of Management Services. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above matter be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Premier Frank McKenna nominating Michael MacBride, Director of Trade and Investment, Department of Economic Development and Tourism, as the Provincial Government representative to replace Greg Morton on the Saint John Harbour Development Commission -- be received and filed and the nomination be accepted. Question being taken, the motion was carried. 83-484 COMMON COUNCIL APRIL 21, 1992 On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Mr. Terry Totten be appointed to the position of Commissioner of Management Services, effective June 23, 1992, within the salary range approved by Council. During discussion, Councillor Flewwelling, in noting that he voted against the creation of the position and expressing the opinion that Mr. Totten is an excellent employee for the position should Council feel that the position has to be filled, advised his intent to vote against the motion on the basis that the position should not be filled at this time; and Councillor Knibb, having concurred with Councillor Flewwelling's opinion that Mr. Totten is an excellent employee, expressed his opposition to filling the position at a time when all levels of government are downsizing and the worst message that Council can give to the citizens is by creating an extra position at $65,000 to $75,000, and on the basis that Council is committing an incoming Council to this senior management position which is not be filled until after the May 11 municipal election. Question being taken, the motion was carried with Councillors Flewwelling and Knibb voting "nay". Mr. Johnson, in response to Councillor Knibb's query earlier in this meeting with regard to the demolition tender for the structure at 1377 Lorneville Road, expressed the understanding that the activity took place on the weekend which involved the placement of the remaining portion of the structure on skids in readiness for its relocation to the adjacent site, the latter which requires the Development Officer's approval for the requirements of the main structure, and advised that, when this approval is obtained, the structure will be moved to the adjacent site as an accessory building and be refurbished to meet the Building By-Law, and also that a recommendation will be submitted to Council at its next meeting on the disposition of the tenders. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to an April 10 meeting with the Minister of the Environment regarding the matter of water and sewerage services in a portion of the Greenwood Subdivision at which the Minister requested more time to study the City's request and to review the issues involved, staff has subsequently followed up by contacting Provincial officials to ensure that all available information has been provided, but the Province has not yet made a decision on this matter, and that staff will inform Council at the earliest possible opportunity when the Province has confirmed its position; and recommending that this report be received and filed and Common Council take no further action until the Minister has responded to the City's request -- be laid on the table for one week. The Mayor advised that her letter to the Minister of the Environment will be followed up on to determine if a reply can be received by the next meeting. Question being taken, the tabling motion was carried. Read a letter from the City Manager submitting a report from the City Solicitor's Office regarding a request from Donald L. Cullinan, Q.C., solicitor for Mr. Wallace K. Saunders, the owner of the building at 3 Pokiok Road, for an easement to permit the encroachment of the building at 3 Pokiok Road upon Pokiok Road; and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Mayor and 83-485 COMMON COUNCIL APRIL 21, 1992 Common Clerk be authorized, in consideration of the payment of one dollar ($1.00), to execute a grant of easement in favour of the owner of the building at 3 Pokiok Road, to permit the encroachment of the building upon Pokiok Road, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, items 1, 2, 3 and 5 of the City's 1992 paint and glass bead requirements be purchased at the various prices supplied by the Province of New Brunswick, and that the tender of Laurentide Atlantic Ltd. be accepted for item 4, as indicated in the submitted bid summary. Question being taken, the motion was carried. Read a report from the City Manager listing the tenderers, and their locations, considered for award of the tender for sand and gravel; explaining why award is not recommended at this time on items 4 and items 12-15 inclusive; and recommending that the tender for the supply of sand and gravel, from May 1, 1992 to April 30, 1993, be awarded as indicated in the submitted bid summary and that staff be authorized to expend up to $700,000 on these products with the condition that no material will be accepted from a pit for which surety has not been received. The Mayor advised that the City Manager has amended his recommendation to indicate that no material will be accepted from a pit located in the City for which surety has not been received. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of sand and gravel, from May 1, 1992 to April 30, 1993, be awarded as indicated in the submitted bid summary and that staff be authorized to expend up to $700,000 on these products with the condition that no material will be accepted from a pit located in the City for which surety has not been received. Mr. Hanlon explained that Maritime Sod's tender for topsoil, which was the lowest received, is for manufactured topsoil and, as indicated in the above report, the City purchased manufactured topsoil last year and requires additional time to evaluate its acceptability for the purposes for which it is being used, and advised that this was discussed with the manufacturer who agreed with staff's position. Mr. Morrison explained that the City prefers a natural-type soil at this point because manufactured soil has not had an adequate time of proven experience to be able to fully replace the volumes of natural soil used by the City at this time. The Mayor suggested that, as pits and quarries outside the City do not have to meet any guidelines which could put City pits and quarries at a disadvantage, Council should adopt a motion to forward to the Province the City's rules and regulations for its pits and quarries and that, in order to be fair to all pits and quarries for tendering purposes, the pits and quarries located outside the City should be required to meet the same standards as those in the City, and that this should be a stipulation on which the Province should follow through. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the City Manager prepare, for Council's consideration, a letter to the Provincial Government requesting that it examine and resolve the situation of regulations for pits and quarries located outside the City of Saint John. 83-486 COMMON COUNCIL APRIL 21, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the tender for horticultural supplies be awarded as indicated in the submitted bid summary. Councillor M. Vincent asked for an explanation of the deficiency in the products specified in the tender of Atlantic Turfgrass Services Ltd. of Fredericton in the instances where, although higher than Atlantic Turfgrass, the tender of O. M. Scott of Marysville, Ohio, is being recommended, and asked where the City purchased these products in the past two years. Mr. Morrison explained that the product of Atlantic Turfgrass is not at all the same as that of O. M. Scott which is distributed nation-wide in Canada in that it is a regular-type of fertilizer whereas the latter's product is a homogenous fertilizer which means that every pellet therein is pure nutrient, with no filler and that it actually pays for itself in the long-run, and that it is used primarily on the golf course which requires a sensitive type of care that would not normally be provided to most locations; and advised that O. M. Scott's products were purchased last year, and Mr. Hanlon added that, while the City has purchased some of the products from other suppliers in the past, they have not performed as well as the O. M. Scott product. In response to Councillor Landers, Mr. Hanlon advised that, while there is no local firm which could supply the items in question, it is staff's intent to re-tender certain items that are not included in the above report and include a pre-qualification process in effect for fertilizers so that other manufacturers, hopefully New Brunswick or Canadian, will be able to qualify in the future. Councillor Flewwelling asked if the reference to Scotts in the items is indicative that the specifications were those that Scott produced, to which Mr. Hanlon replied in the affirmative. (Councillor A. Vincent entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillors Flewwelling, Landers and M. Vincent voting "nay". The Mayor called for a motion to table for one week the City Manager's report advising the Parks Department's comments on the requests considered by Council on April 6 for a waiver of the Lily Lake Pavilion fees for events in 1992, as there is more information the City Manager wishes to bring forth. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the above report from the City Manager be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, approval be given to the submitted lease between the City of Saint John and Aitken Bicentennial Exhibition Centre for the premises situated at 20 Hazen Avenue, and that the Mayor and Common Clerk be authorized to execute the documentation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Chief of Police responding to questions referred to him on April 6 relative to the issue of residential parking permits and towing of vehicles designated as being abandoned on 83-487 COMMON COUNCIL APRIL 21, 1992 City streets -- be received and filed. The Mayor asked that, as there have been problems during the past week related to cars being towed away and letters in this regard will be given to the City Manager, the City Manager and staff review the system in place in view of the fact that persons are being encouraged to live in the uptown area of the City and require places to park. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-269 A By-Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 303 Westmorland Road, formerly known as 273 Westmorland Road (NBGIC Number 321158), from "RS-2" One- and Two-Family Suburban Residential to "IL-1" Neighbourhood Institutional 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 of the Community Planning Act which provides as follows:- (1) the use of the property shall be limited to a church, school and/or day care centre; (2) the property shall be redeveloped and maintained in accordance with a site plan prepared by the applicant and approved by the Development Officer, indicating landscaping and paved vehicular facilities developed in accordance with Zoning By-Law and Engineering Department requirements; and (3) all work required to finish the site in accordance with the approved site plan shall be completed within one year of approval of the change of use permit. The by-law entitled, "By-Law Number C.P. 100-269 A By-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. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-270 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 295 Millidge Avenue (NBGIC Numbers 46953 and 46961), from "R-4" Four-Family Residential to "IL- 1" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that the said re-zoning be subject to a condition pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licensed by the Province as a special care home for a maximum of eleven residents. The by-law entitled, "By-Law Number C.P. 100-270 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 83-488 COMMON COUNCIL APRIL 21, 1992 Your Committee begs leave to report that it sat on April 13, 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 a grant of up to $10,000 be approved for the Saint John Participaction Challenge Committee 1992 in support of the May 27 Participaction Challenge. 2. That The Market Square Corporation be authorized to place an order with The Power Commission of the City of Saint John, in an amount of $220,000, for materials for underground wiring for the City Market link to Brunswick Square. 3. That the Freedom of the City be conferred on Arthur Pottle in recognition of his contribution to the community as an educator and through his involvement in sports, and for his voluntary service to the City of Saint John as a long-standing member of the Recreation and Parks Advisory Board. 4. That as recommended by the Nominating Committee, Glenna Gaunce be appointed as the City's representative on the Board of Directors of Hospice of Saint John Inc. for a term of two years. 5. That as recommended by the Nominating Committee, Councillor Landers be appointed as Council's representative on the Saint John Ability Advisory Committee. 6. That as recommended by the City Manager, (1) the Housing Through Infill Development Program be continued for 1992, with approvals not to exceed $300,000; (2) the designated areas where H.I.D. funding is available be expanded as outlined on the submitted plans; and (3) non-profit groups receiving funding assistance from senior levels of government be eligible for H.I.D. funding. Tuesday, April 21, 1992, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb 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 Coughlan RESOLVED that section 2 of the above report be adopted. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers 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 Knibb 83-489 COMMON COUNCIL APRIL 21, 1992 Seconded by Councillor Coughlan RESOLVED that section 4 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 5 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 6 of the above report be adopted. Mr. Todd highlighted the changes proposed in the H.I.D. Program, and Councillor Knibb suggested that the map of the City indicating the areas of H.I.D. funding availability, submitted by the City Manager to Council as an information item, should be made public. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above- mentioned information item be added to the agenda and 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 Board of Trustees of the City of Saint John Pension Plan, Council approve the application of Donald Wilson, an employee of the Community Planning Department, to retire on an actuarially-adjusted pension, effective May 1, 1992, in accordance with section 4(2) of the Pension Act. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from The Transportation Club of Saint John expressing the opinion that the Marco Polo Project would be most beneficial to the City of Saint John and to the Province of New Brunswick -- be received and filed: AND FURTHER that the letter and invitation from The Marco Polo Project (copies of which were forwarded to Council members as an information item) submitting its new cassette recording "The Marco Polo Suite" -- be added to the agenda of this meeting and received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the 83-490 COMMON COUNCIL APRIL 21, 1992 Fundy Chapter, Appraisal Institute of Canada, soliciting Council's support for the Marco Polo Project -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the Saint John Chapter of the Canadian Citizenship Federation submitting a copy of a news article depicting police cars from Peel, Ontario, displaying the Canadian Flag on their fenders; and suggesting that Saint John, being Canada's first City, should continue to demonstrate leadership to the rest of Canada and adopt a similar policy to show support for Canada 125 and Canadian unity by arranging that not only police cars but all City vehicles display the Canadian Flag for the balance of 1992 -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., regarding the April 13 presentation to Council by management of the Fire Department, and requesting the opportunity to express its feelings and concerns prior to any job reduction in the Fire Department -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Iris E. Thomas suggesting that the City's Coat of Arms and the name City Hall should be placed on the front roof of the City Hall building, if the three pieces already there are to be replaced -- be received and filed and Mrs. Thomas be thanked for her suggestion. Mr. Todd advised that the present position of Revenue Properties, the owner of the City Hall building, is that it wishes to maintain the status quo until discussions with the City on its lease are finalized; therefore, it does not wish to put any identification on the building at this time. Question being taken, the motion was carried. Read a letter from Dan Gillcrist of the St. Martins & District Lions Club advising that, while the Club is glad to get final approval to construct the much- discussed bus shelter at the corner of the Range Road and St. Martins Highway, it is not overly enthused with the request of $100 for a building permit. Councillor Knibb asked if Council could waive the building permit fee to which Mr. Rodgers replied that, on the assumption that the interpretation by the enforcement officer of the Building By-Law requires the $100 permit, Council cannot waive the By-Law requirement. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that a grant of $100 be approved for the St. Martins & District Lions Club, on the condition that it takes out a building permit for the construction of a bus shelter at the corner of the Range Road and St. Martins Highway. Mr. Rodgers advised that it would be necessary to consider the above- proposed motion on the basis that even the City's grant structure and motives behind giving grants is controlled to some extent, and the Mayor suggested that this matter 83-491 COMMON COUNCIL APRIL 21, 1992 should be tabled for review and a report by the City Solicitor. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table for one week pending a report from the City Solicitor. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Ellen Brennan suggesting that, based on her understanding that the taxpayers of the City of Saint John paid for one-third of the operation costs of the Rockwood Park golf course, Saint John residents should be offered a discount on green fees as an incentive for more to use the golf course, thus providing more revenue -- be received and filed. Councillor Rogers advised her intent to vote against the above motion on the basis that this matter should be referred to staff for consideration in its review of the green fees and possible consideration of private membership with reduced membership possibly for seniors, students or whatever, and requested that the matter be tabled. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. Consideration was given to a letter from Speak Easy Inc. referring to its November 1991 request to Council for a grant to pay travel costs for a representative to attend the Third International Conference of Stuttering Self-Help Groups to be held in San Francisco in August 1992, such request having been refused by the City Manager in January 1992; and asking Council to reconsider this request for a grant. Councillor M. Vincent proposed that the above matter be referred to staff whereupon the Mayor noted that the request was refused by the City Manager. During discussion Councillor Coughlan asked for more information in that reference is made in the letter to the possibility of attracting a conference to Saint John, and the relevancy of this should be determined through the Tourism Department; and Mr. Brown, in noting that he advised Council in Committee of the Whole that he refused the grant request, suggested that, if Council wants the request reviewed, he could perhaps obtain more information in terms of the size of the group's budget. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from Speak Easy Inc. asking for reconsideration of its grant request -- be received and filed and Council confirm the City Manager's ruling that the City cannot support from public tax funds a grant for one person to attend a conference in San Francisco. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for a report from staff. Question being taken, the tabling motion was carried. 83-492 COMMON COUNCIL APRIL 21, 1992 On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk