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1992-09-08_Minutes 83-723 COMMON COUNCIL SEPTEMBER 8, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the eighth day of September, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, 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; S. Bedford, Commissioner of Development Services; P. Groody, Commissioner of Human Resources; 1. Totten, Commissioner of Management Services; S. Armstrong, Director of Engineering; S. Galbraith, Director of Supply & Services; W. D. Todd, Director of Housing and Property Management; G. Tait, Deputy Fire Chief; David Sherwood, Police Chief; G. Watson, Assistant Deputy Chief of Police; D. Logan, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. L. Linton, Secretary. Mr. James MacFawn, New Brunswick representative for World Vision Canada offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that minutes of the meeting of Common Council, held on August 31, 1992, be approved. Question being taken, the motion was carried. (Councillor Coughlan entered the meeting) Her Worship the Mayor noted that Fundy Cable will be airing the meeting held on St. Joseph's Hospital on September 11 at 7:30 p.m.; proclaimed the month of September as Big Brother Big Sister month in Saint John; noted that on September 21 the YMIYWCA is holding a "Take Back The Night" march in the uptown area; read the response from the Prime Minister to her letter with respect to the including municipalities in the constitution; advised that her trip to Boston included meetings on infrastructure, trade and with the Boston Globe regarding the error they made in not correctly identifying Saint John in an article on the Queen Elizabeth 2 cruiseship, and that they have printed a retraction; and expressed her concern that the Social Welfare Appeals Board office in Saint John will be closing the first of October and relocating to another area in the Province, and all of the staff have been given their notice. On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that the Mayor express Council's concerns to Premier McKenna with respect to the removal of the Social Welfare Appeals Board Office from Saint John. Councillor Coughlan suggested the Premier be requested to provide an explanation for the closure. Question being taken, the motion was carried. 83-724 COMMON COUNCIL SEPTEMBER 8, 1992 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that a letter of condolence be forwarded to the family of the late Walter Babkirk. Question being taken, the motion was carried. Her Worship the Mayor noted that Common Council has placed a memorial card in memory of the late Judge Nave George; and that Ken Galbraith, Manager of Public Affairs, and former Deputy Mayor G. Forbes Elliot are in hospital and that appropriate expressions of best wishes have been sent to them. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that an item concerning the Irving Refinery plant upset (which was to be considered in Committee of the Whole later this date), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Councillor M. Vincent stated that he has been advised that residents of Greenwood Subdivision have been without water all weekend; and responding to a query as to whether the City was aware of the situation Messrs. Robichaud and Armstrong replied in the negative. Mr. Armstrong advised that he was aware there was a leak on the system and that he had been contacted by Mr. McNamara to see if there was anything the City could do and that this situation has nothing to do with the City. The Mayor requested that staff follow up on this matter. Her Worship the Mayor requested an update on the work being performed on Germain Street and was advised that the project is being managed by the Market Square Corporation. Councillor A. Vincent asked that Council forward an expression of sympathy to the family of the late Mildred A. Brookins. Consideration was given to a letter from Councillor Landers advising that on July 20, 1992, in Committee of the Whole, a report was made available for Council's consideration regarding the Irving Refinery plant upset and requesting that the report and any other information the City has in this matter be made public. Consideration was also given to a report from the City Manager advising that at the Council meeting of August 31 a staff report was given to Council in regard to the plant upset at the Irving Refinery on May 23, 1992; that the focus of the questions raised at the Council meeting centered on the delay in getting the information to the public which may have left with the public the possible impression that a responsibility for the "delay" rests with the City and submitting a full chronology of events leading up to the present date; further noting that it is important to note that the Provincial Department of Environment has full responsibility to control and monitor industry, and at the time of operational upsets, it is their responsibility to investigate, analyze, notify the public, and to take enforcement action, where they determine it is appropriate; that the City's role with environmental issues is essentially an "advocacy" one, and in this particular situation, it was extended to act as a liaison between the public and the Province, and to obtain information; and submitting a copy of the report from Jacques Whitford Environment Limited, dated June 22, 1992, and letters from the Department of Environment, dated July 31, 1992, and the Department of Health and Community Services, dated August 21, 1992; and recommending that the Department of Environment continue their sampling and data collection in regard to industrial emissions and to provide the City and the public with timely information regarding the toxicity of the emissions, and the impact on human life both from a single event and the cumulative effect, and that the report from Jacques Whitford and the response from the Department of Environment and Department of Health be made available. 83-725 COMMON COUNCIL SEPTEMBER 8, 1992 On motion of Councillor A. Vincent Seconded by Councillor Landers RESOLVED that the above-noted correspondence be received and filed and the recommendation of the City Manager be adopted. Councillor Landers noted that she is pleased the report which was to be considered in Committee of the Whole is on the agenda and now available to the public; she does not feel that staff intended to hide anything or to hold back anything from the residents and Council should once again tell the public the report is available to them; the Minister of Environment has indicated this matter is under provincial jurisdiction, but on the day of the incident she and the Mayor were at the site and she does not feel this incident should be swept aside; the Mayor advised it is important to note that Dr. Scott Giffin called her office last week and reiterated that he felt the City had acted very responsibly in the manner in which it had dealt with the matter. Councillor Landers advised that just today she has had another call from an area resident and once again there is a fallout in the area, nobody is claiming responsibility and they were unable to contact anyone from the Department of the Environment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 91-23 Haymarket Square, Old Black River Road & St. Catherine Street - sewer renewal QM Construction Ltd. Original contract amount Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 27, 1992 $202,696.00 196,844.26 Nil 196,844.26 3,420.00 2. Contract 91-29 Pokiok Road water and sewer renewal Galbraith Construction Ltd. Original contract amount Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated September 1, 1992 $294,308.00 287,101.58 Nil 244,036.34 43,065.24 Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender of I.M.P. Group Ltd., as indicated in the submitted bid summary, be accepted for the supply of municipal castings for a one year period from date of the award. Question being taken, the motion was carried. 83-726 COMMON COUNCIL SEPTEMBER 8, 1992 On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender for the supply of plow blades and cutting edges for the 1992-93 winter season be accepted as outlined in the submitted bid summary. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, contract 92-17, Connors/Busby Street and Fundy Drive water and sewer construction, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $169,805.00, as calculated based on estimated quantities, 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 Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the Housing Through Infill Development grant relative to applications 92-3 and 92-4, in favour of Michael White, for projects at 23 Delhi Street and 238 City Road in the amounts of $9,720.00 and $9,720.00 respectively, be approved, subject to submission of final plans and specifications acceptable to the Director of Housing and Property Management. Question being taken, the motion was carried. Read a letter from the City Manager advising that the Planning Advisory Committee, at its June 30, 1992 meeting, approved a number of variances to permit the expansion of the Eastmount Centre at 472 Rothesay Avenue; that on the recommendation of the Committee, Council authorized the execution of a Section 101 agreement to ensure the conditions imposed on the development were completed; that plans are being prepared by the applicant, and the execution of this agreement is imminent and as part of the development, the relocation of a large two-storey house is required; the applicant owns one lot on the undeveloped Wellington Street where he proposes to relocate the house; that Council has, in Committee of the Whole on August 31, 1992, approved the initiation of the street closing procedure and when completed, this closing will permit the applicant to service the relocated house with a private driveway to Marlborough Avenue, however, the timing of the Eastmount development requires the removal of the existing house now and the street closing will not be complete within the time frame necessary to permit the relocations of the house; that the applicant has suggested that he will agree to provide the necessary services from Marlborough Avenue to the relocated house whether the street is closed or not and this closing commitment can be incorporated into a Section 101 agreement and Council authorization is being requested. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Council authorize the preparation and execution of a Section 101 agreement with Eastmount Holdings which will require Eastmount to undertake and be financially responsible for the required service improvements from the relocated house on a lot with NBGIC Number 431643 to Marlborough Avenue, including asphalt reinstatement and associated work whether Wellington Street is closed or not. Question being taken, the motion was carried. 83-727 COMMON COUNCIL SEPTEMBER 8, 1992 Consideration was given to a report from the City Manager advising that in March, 1992, the Saint John District Labour Council, represented by Patricia Allaby, approached Council with a view to pointing out where their members felt there could be some savings to the City through more efficient operations; stating that the City should certainly endorse measures which would provide for "more efficient operations" and "make the City more productive" and it is an ever present challenge to Council and its staff to ensure civic business is as cost-effective as possible, well directed, and serving of the needs of Saint John and advising that the City is very open to all valid ideas and suggestions and for that reason input from the community is appreciated. The report provides information on the following issues raised in the Labour Council's brief:- (1) City-owned vehicle use; top-heavy management; contracting-out work; Fire Department; raises for management staff; and cross border shopping. The report concludes that staff will be bringing to Council, in the very near future, a recommendation to initiate a comprehensive department by department analysis of services, organizational structures, managements systems, staff requirements, and methods of operation, with the aim of the review to be to identify how the City might best meet the service needs of the community within the context of current and future economic realities and that many of the issues raised by the Labour Council would be among the factors to be considered; applauding the Labour Council's desire to find ways to "save money" for the common good of all workers and taxpayers and that it is certainly the goal of staff to work towards greater efficiencies and to ensure that the best possible return on the tax investment is achieved and that staff looks to the Labour Council, as well as other stakeholders in the community, to be supportive of their municipal government in these pursuits. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the above-noted report be received and filed and a copy be forwarded to the Saint John District Labour Council. Mr. Groody briefly reviewed the above report, and during ensuing discussion, staff was questioned on the delay in responding to the Labour Council brief. Question being taken, the motion was carried. Read a report from the City Solicitor advising that, in accordance with the Common Council resolution of October 15, 1991, the City of Saint John filed with the Expropriations Advisory Officer on July 22, 1992, a Notice of Intention to Expropriate a parcel of land on the west side of Harrison Street, south of Main Street, 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. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated October 15, 1991 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 July 22, 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 83-728 COMMON COUNCIL SEPTEMBER 8, 1992 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." Responding to a query from Councillor Landers, Mr. Bedford advised he is not aware of any specific work being proposed for the area in the near future. Question being taken, the motion was carried. (Her Worship the Mayor and Councillor M. Vincent withdrew from the meeting as they were not present for the August 31, 1992 public hearings and Deputy Mayor McAlary assumed the chair) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land located at 9 Simpson Drive (NBGIC Number 299297), from Low Density Residential classification to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. Read a third time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-287 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 9 Simpson Drive (NBGIC Number 299297), from "R-1" One-Family Residential classification to "1-1" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to conditions requiring that:- (a) the use of the property shall be limited to a construction materials and equipment storage yard, together with accessory office and indoor storage uses; and (b) the property shall be maintained in accordance with a site plan to be approved by the Development Officer 83-729 COMMON COUNCIL SEPTEMBER 8, 1992 indicating the following: (i) location of buildings, structures and fencing; (ii) location and extent of parking and outdoor storage area; (iii) retention of existing landscaped area at the front and side of the property; and (iv) paved access driveway. Question being taken, the motion was carried. Read a third time the by-law to amend the Zoning By-Law of the City of Saint John. (Councillor Gould withdrew from the meeting as he was not present for the August 31, 1992 public hearing regarding the proposed re-zoning of 70 Leinster Street) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-288 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a lot located at 70 Leinster Street (NBGIC Number 9118), from "RM-1" Three-Storey Multiple Residential classification to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act the said re-zoning be subject to conditions requiring that:- (a) the use of this property be restricted to a professional office; (b) there be no external changes to the building other than a sign identifying the business; (c) that only one non-illuminated fascia sign be permitted with a maximum area of 0.2 sq. m and design approved by the Development Officer; (d) that four off-street parking spaces be provided in the rear of the property in a manner so that the drainage does not adversely affect adjacent properties as approved by the Development Officer; and (e) that a solid fence be erected along the east side of the property as illustrated on a site plan to be approved by the Development Officer. Question being taken, the motion was carried. Read a third time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-289 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a lot located at 86 Mecklenburg Street (NBGIC Number 6395), from "RM-1" Three-Storey Multiple Residential classification 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 above re-zoning be pursuant to Section 39 of the Community Planning Act limiting the use to a group care facility licensed by the Province for up to nine residents. Question being taken, the motion was carried. Read a third time the by-law to amend the Zoning By-Law of the City of Saint John. (The Mayor and Councillors M. Vincent and Gould re-entered the meeting and the Mayor re-assumed the chair). Read report of the Committee of the Whole (as follows) 83-730 COMMON COUNCIL SEPTEMBER 8, 1992 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 June 22, 1992, when there were present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely - 1. That as recommended by the City Manager, the policies referred to in the background of the submitted report be rescinded and that the Policies and Procedures for the Procurement of Goods and Services for the City of Saint John, as submitted, be adopted. Tuesday, September 8, 1992 Saint John, N.B. Respectfully submitted, (sgd) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above report be received and filed and the recommendation adopted. Question being taken, the motion was carried. 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 August 31, 1992, when there were present Deputy Mayor McAlary and Councillors Chase, Coughlan, Gould, Knibb, Landers, Rogers, Trites and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) street closing proceedings be started to close that portion of Wellington Street lying between Marlborough Avenue and Rockwood Avenue; (2) upon successful closing of the street, the land shown on the submitted plan be sold under the following terms and conditions: (2.1) Parcel 1 - Purchaser: Eastmount Holdings Ltd. Price: $1,630, plus a proportionate share of the costs necessary to create the parcels; Conditions: (a) a right-of-way will be granted to the owner of 20 Marlborough venue to allow access over this parcel to the rear of his lot; (b) the property identified as #415240 must be in the name of Eastmount Holdings; (c) the land exchange between Eastmount and Lounsbury involving portions of lots 307256 and 431643 must be completed; and (d) a deposit of $500 payable on approval by Common Council of the start of street closing procedures; (2.2) Parcel 2 - Purchaser: Lounsbury Industrial Limited Price: $10,000, plus a proportionate share of the costs necessary to create the parcels; Conditions: (a) the land exchange between Eastmount and Lounsbury involving portions of lots 307256 and 431643 must be completed; and (b) a deposit of $1,000 payable on the approval by Common Council on the start of street closing procedures; 83-731 COMMON COUNCIL SEPTEMBER 8, 1992 (2.3) Parcel 3 - Purchaser: Marjorie MacKnight Price: $500, plus a proportionate share of the costs necessary to create the parcels; Conditions: a deposit of $200 payable on approval by Common Council of the start of street closing procedures; (2.4) Parcel 4 - Purchaser: Frank E. Gilbride, Jr., Paul J. Gilbride and Malcolm O. Gilbride Price: $500, plus a proportionate share of the costs necessary to create the parcels; Conditions: a deposit of $200 payable on approval by Common Council of the start of street closing procedures; (2.5) an easement will be retained by the City over each parcel to permit access to the sewer lines located within the right-of-way; (2.6) the deed for each parcel will contain a covenant that it cannot be used as a separate building lot but will only be capable of being used in conjunction with the adjoining property; and (3) agreement to sell these lands neither implicitly nor explicitly obligates the City to complete the street closing and, if the street is not closed, the sales will not take place. 2. That as recommended by the City Manager, (1) street closing procedures be started to close that portion of Tippett Drive lying northeast of NBGIC Number 55051106 and bounded by NBGIC Number 55051049 as shown on the submitted plan; (2) upon successful closing of the street, the land be sold to Arthur Sisk for $500, plus all necessary costs to be consolidated with his surrounding land to form a single lot; this agreement to sell neither implicitly nor explicitly obligating the City to complete the street closing and the sale will not take place if the street is not closed; and (3) a deposit of $500 be paid on the approval by Common Council of the start of street closing procedures. 3. That as recommended by the City Manager, The Coopers & Lybrand Consulting Group be engaged to perform a Water & Sewer Rate Study based on the terms of its proposal, at a total cost, including travel and accommodations, not to exceed $44,650; and further that staff be authorized to use the services of The Coopers & Lybrand Consulting Group in liaising with large water customers on the proposed water and sewer rates at an additional fee not to exceed $10,000. 4. That as recommended by the City Manager, three portholes from the former Ocean Hawk II tugboat that were loaned to The New Brunswick Museum be donated to the Museum, and that the submitted Deed of Gift form be signed by the Mayor and Common Clerk. September 8, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 83-732 COMMON COUNCIL SEPTEMBER 8, 1992 On motion of Councillor Trites Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Mr. Wilson noted that the purpose of the study is to have an update of the water and sewer rates, that the last time this was done was in the early 1980s, and the study will look at the costs being incurred and will allocate various costs of water to the consumers based on the type of demand the customer places on the system. Responding to a query from the Mayor if the study will look at the industrial rate, Mr. Wilson confirmed that the study will look at the large consumer. Explaining the reasoning for not going to open tender, Mr. Wilson noted that Coopers & Lybrand are the City's auditors so there is a familiarity; they did the study in the 1980's and their engineering expert is still with the firm and noted that their fee is the same as in 1982 dollars and is competitive. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 4 of the above report be adopted. Mayor Wayne questioned the location of the light which had been donated to the City by the Coast Guard and suggested that it should be on display at the Aitken Bicentennial Exhibition Centre or in City Hall, and was advised by Mr. Robichaud that it is in storage, it is very large and that the prism weighs over one ton. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the notice from the Liquor Licensing Board informing Council that the application for lounge and entertainment licenses with respect to premises at 136 Princess Street, has been discontinued by Bamboo East Limited, be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 83-733 COMMON COUNCIL SEPTEMBER 8, 1992 Common Clerk