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1992-12-14_Minutes 83-864 COMMON COUNCIL DECEMBER 14,1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of December, 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; 1. Totten, Commissioner of Management Services; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Bedford, Commissioner of Development Services; P. Woods, Deputy Commissioner of Finance; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; D. Logan, Purchasing Agent; P. Palmer, Deputy Market Clerk; R. Russell, Superintendent, Rockwood Park; K. Watson, Recreation Department; D. Sherwood, Chief of Police; B. Fillmore, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor called the meeting to order; and extended sympathy to the family of the late Mr. K. C. Irving, who passed away on Sunday, December 13. The Mayor expressed appreciation for the late Mr. Irving's contribution to the City of Saint John, followed by a minute of silence in his memory. Reverend Lloyd Lake, a retired Anglican Minister, offered the opening prayer. The Mayor noted the schedule for the Christmas holiday garbage collection and for use of the landfill site, as well as the December 17 St. Joseph's Hospital tree lighting ceremony; and advised that the City of Saint John is the recipient of an Outstanding Contribution Award from the Canada 125 Committee, such Awards presented to those cities, corporations and organizations from Atlantic Canada in recognition of their extra efforts into the Canada 125 celebration. Councillor Knibb commented on the official opening, earlier this date, of the new multipurpose building, which is called Philip Oland Hall, at the University of New Brunswick - Saint John. (Councillor Chase entered the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on December 7, 1992, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a list of prices for an advertisement in a program for the 29th Annual North South All-Star Hockey Game, presented by the New Brunswick Association for Community Living, and noting that Council has supported this cause in the past -- be received and filed and the City pay the cost of a half-page ad of $300. Question being taken, the motion was carried. 83-865 COMMON COUNCIL DECEMBER 14,1992 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-10, Latimer Lake Fluoride System Security Mechanical Ltd. Original estimated value of work Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated December 8, 1992 Partial holdback release. $399,500.00 385,279.46 6,000.00 358,436.67 20,842.79 1,363.55 $ 20,842.79 Question being taken, the motion was carried with the Mayor and Councillor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the low tender of W.H. Shurtleff Co., in the amount of $303 per tonne for a 30-tonne shipment and $319 per tonne for a 22-tonne shipment of hydrofluosilicic acid, be accepted. Councillor M. Vincent expressed opposition to the above motion on the basis that the City can well afford the additional $16 per tonne to purchase a Canadian product rather than to have to cross the border into the United States and buy an American product, and the difference in the tenders is not that significant compared to the image the City would be creating by buying from the United States when it is not necessary; and asked to be provided with a copy of the American companies on the City's tendering list at the next meeting of Council. Question being taken, the motion was lost with the Mayor and Councillors Chase, Gould, Landers, McAlary, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the tender of Stanchem Inc., of Dartmouth, Nova Scotia, in the amount of $319 per tonne for a 30-tonne shipment and $337 per tonne for a 22-tonne shipment of hydrofluosilicic acid, be accepted. The Mayor advised that the reason she is voting "nay" has nothing to do with the price but with the fact that she is opposed to adding this acid to the water supply. Councillor Trites suggested that the City, in taking the above action, would be sending the wrong message to its counterparts in the United States who, for the betterment of this community in the long term, are the customers the City needs to attract. The Mayor noted the City Solicitor's previous submission to Council of a legal opinion with respect to not accepting the low tender; and Mr. Rodgers advised that, while he can only go back to his memory of what he addressed Council on before with respect to local preference in that it creates a problem if that is what Council is going on, he does not have enough information to give a legal opinion on the individual case that is before Council at this time; and, with respect to Mayor's query about tabling the matter, advised that, if Council has a concern, he would review the matter. Councillor Coughlan concurred with Councillor Trites' comment and asked if there is any other information to indicate that there is something wrong with either the low tenderer or the 83-866 COMMON COUNCIL DECEMBER 14,1992 product or that its product is inferior to the other tenderers, to which Mr. Logan replied in the negative and advised that, as a point of interest, Stanchem Inc. buys 70 per cent of this product out of the United States, packages it and then delivers it. Question being taken, the motion was lost with the Mayor and Councillors Chase, Coughlan, Gould, Knibb and Trites voting "nay". Councillor Knibb asked if Council could go back to the original recommendation, to which Mr. Rodgers replied that any Council member on the prevailing side of the first motion can make a motion to reconsider the item and, if that motion passes, it would be proper to deal with the item. On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the above matter be reconsidered at this time. Question being taken, the motion was carried with the Mayor and Councillors Gould, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender of W.H. Shurtleff Co., in the amount of $303 per tonne for a 30-tonne shipment and $319 per tonne for a 22-tonne shipment of hydrofluosilicic acid, be accepted. Question being taken, the motion was carried with the Mayor and Councillors Gould, Landers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the tender of Security Electric Ltd., in the amount of $69,900, be accepted for electrical renovations at the Works Department Garage - Rothesay Avenue. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the low tender of RA. Woods Construction Ltd., in the amount of $32,340, be accepted for interior renovations to the 5th floor of City Hall to accommodate the installation of a joint dispatch centre. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the low tender of Atlantic Building Contractors (1992) Ltd., in the amount of $59,900, all taxes included, be accepted for interior construction at the North Works Depot, Boars Head Road. Question being taken, the motion was carried. 83-867 COMMON COUNCIL DECEMBER 14,1992 On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the low tender of Dobson Chrysler Dodge, in the amount of $15,095, plus taxes, be accepted for the supply of a four-door Dynasty Sedan for the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, contract 92-29, Old Black River Road pressure reducing valve, be awarded to the low tenderer, RC. Bird Construction (1992) Ltd., at the tendered price of $52,303, 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 Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 92-30, Newmans Brook sewer renewal, be awarded to the low tenderer, Galbraith Construction Ltd., at the bid price of $156,965, as calculated based upon 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 Rogers RESOLVED that as recommended by the City Manager, $7,000 be allocated from the Special Events budget for Winterfest '93 to be held in Rockwood Park on January 15 and 16. Mr. Palmer outlined the anticipated Winterfest '93 activities, and during discussion Councillor M. Vincent advised that, because of some problems and difficulties, the Speedskating Championships will not be held in 1993; however, it is anticipated that a bigger and major event will be held in 1994. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager regarding the application of Mr. Rod Crowther, Re/Max Professionals (1989) Ltd. for a Municipal Plan amendment and re-zoning of 134 Sydney Street, which was given first and second readings at the public hearing of August 4 with third reading not to be given until there was further clarification of the proposal and specific Section 39 conditions could be recommended; advising that the applicant had expected that a specific proposal would be available within a few months; however, he now indicates that he is not able to submit a specific proposal within the time limit imposed by the Community Planning Act and, as a result, it will be necessary for him to reapply for a Municipal Plan amendment and re-zoning when a specific proposal is available -- be received and filed. Question being taken, the motion was carried. 83-868 COMMON COUNCIL DECEMBER 14,1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Saint John Analytical Services Ltd., at a cost of $287.50 per test, be accepted for providing groundwater testing at the Spruce Lake landfill site. Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Edgar Young, concerning property at 306 Westmorland Road, have been completed, and that the required waiting period for objections expired on December 9, with no written objections having been received; and also submitting a letter from the applicant, Mr. Young, requesting to withdraw his application. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Mr. Edgar Young for a Municipal Plan amendment and re-zoning of 306 Westmorland Road be withdrawn, as requested by the applicant. 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 December 7, 1992, when there were present Mayor Wayne and Councillors Coughlan, Gould, Knibb, McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the City of Saint John acquire the painting entitled "On The Edge", by Fredericton artist Brad Morrison, featuring Saint John's Olympian Mark Lackie, at a cost of $4,000. 2. That as recommended by the Nominating Committee, the following persons be appointed to the Arbor Day Committee for a term of two years effective January 1, 1993: Anne Butler, Peggy Clark, Donald Harvey, Lydia Lewycky, Ann Perry, Reginald Wanamaker, Lawrence McGrath, Paul Mortimer, Dale Kilpatrick, and a representative to be nominated by School District 8. 3. That as recommended by the Nominating Committee, J. C. Robert Lockhart and William Teed be re-appointed as nominees of the Rotary Club to the Board of Directors of Saint John Non-Profit Housing Inc. for a further term of three years. 4. That as recommended by the Nominating Committee, the following persons be appointed to the Saint John Parking Commission for a term of three years effective January 1, 1993: C. Dwight Allaby, Douglas Chase, Douglas Anderson and Norman Hamburg. 5. That Eileen Cullen, Larry Hanley and Donald A. Bonnell be reappointed to the Planning Advisory Committee for a term of three years effective January 1, 1993. 6. That as recommended by the Nominating Committee, further to Common 83-869 COMMON COUNCIL DECEMBER 14,1992 Council resolution of July 6, 1992 which approved the formation of a Youth Working Group whose mandate would be to learn about and examine the concerns and issues youth are experiencing locally and to recommend to Common Council the most appropriate means that these issues can be responded to, the following persons be appointed to the Youth Working Group: Councillor Rogers, Councillor Knibb, Craig Haynes (UNBSJ), Chris Snow (N.B. Community College), Nelson Lee (Saint John High School), Ron Karrick (Saint John Vocational School), Sheila Cummings (St. Malachy's High School), Susan Moore (St. Vincent's High School), Stephanie Rutherford (Simonds High School), Jacob Palmer (Ecole Samuel de Champlain), Patrick Stull (Youth Council of N.B.), and Darren Lamb and David O'Toole of the City's Recreation Department. 7. That as recommended by the City Manager, the City's freehold interest in the land at 138 Elliott Row, described as Lot 1 Block B Prince Ward, be sold to Robert and Pamela Gamblin for a price of $2,500 subject to them acquiring the lessee's interest. 8. That as recommended by the City Manager, Louis and Frances Sharkey be advised that the City land adjoining their property at 389 Red Head Road is not available for sale. December 14, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, 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. On motion of Councillor Knibb 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 Coughlan Seconded by Councillor Trites RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 83-870 COMMON COUNCIL DECEMBER 14,1992 On motion of Councillor M. Vincent Seconded by Councillor Trites RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Stuart Jamieson, MLA - Saint John Fundy, advising that the families at the end of Clover Valley Road are requesting that the road be upgraded and that, to pursue this project, he needs Council's approval because the road becomes a City street at its end close to Route III; and also advising that, if Council will agree to ditch and upgrade the City portion, he will do his best to ensure that the Province will chipseal the entire road - be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Saint John Construction Association Inc. congratulating Council on the establishment of the Greater Saint John Economic Development Commission, and suggesting that this and the planning development initiative will greatly enhance the development opportunity for Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the correspondence from the Atlantic Regional Office of Canada World Youth asking for a donation of $250, or whatever is appropriate at this time, in order to maintain Canada World Youth's level of participation in this region -- be received and filed and Council publicly endorse the Program but regrets that it is unable to provide a monetary contribution. Question being taken, the motion was carried with Councillors Coughlan, Landers, Rogers and M. Vincent voting "nay". On motion of Councillor McAlary 83-871 COMMON COUNCIL DECEMBER 14,1992 Seconded by Councillor Landers RESOLVED that the letter from the South Central Citizens Council supporting the efforts of the Environment Committee to have Council place into effect a 'Stoop & Scoop' provision in the existing Dog By-Law; and asking Council to take this matter very seriously as it concerns not only aesthetics but the health of the children -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Trites RESOLVED that the letter from the Rifle Range Residents Association outlining its concerns about the increased volume of traffic on Churchill Boulevard and Visart Street, as well as a proposal which, if implemented, will greatly improve traffic conditions and provide a much needed upgrading of safety for all pedestrians in the overall residential areas comprising this community -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Westmorland Bottle Exchange for a Zoning By-Law text amendment with respect to 378-380 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on January 18, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk