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1993-11-01_Minutes 84-333 COMMON COUNCIL NOVEMBER 1, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of November, AD. 1993, 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. 1. Totten, 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, Commissioner of Development Services; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks S... Galbraith, Director of Supply and Services; M. Jamer, Director of Works; W. Butler, Director of Water and Sewerage Services; D. Logan, Purchasing Agent; K. Galbraith, Manager of Public Affairs; J. Mcintyre, Manager of Industrial Relations; G. Tait, Fire Chief; B. Thompson, Deputy Chief of Police; Mrs. M. Melanson, Executive Assistant to the Mayor; Mrs. M. E. Gray, Mayor's Secretary; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Paul Inman of Tabernacle United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on October 25, 1993, be approved. Question being taken, the motion was carried. The Mayor proclaimed November 1 to 10 as Poppy Week in the City of Saint John and urged all citizens to observe the week of wearing the memorial poppy of the Royal Canadian Legion; encouraged support of the United way activities; noted her participation in the October 29 sod-turning ceremony which will see the construction of the new facility, the HMCS Brunswicker, at Portland Point, and expressed appreciation to the Department of National Defence, The Honourable Gerald Merrithew and the members of HMCS Brunswicker in Saint John for their efforts in this regard; and advised that there will be a Remembrance Day service at Ocean View Memorial Gardens on November 7 to honour those who defended Canada and preserved our freedom. (Councillors Chase and Coughlan entered the meeting during the above remarks.) Deputy Mayor McAlary noting that this marks the last Council meeting over which Mayor Wayne would preside as Mayor, extended congratulations to Mayor Wayne on having won the Federal seat for the City of Saint John. Deputy Mayor McAlary also noted the presence in the Council Chamber of a number of Mayor Wayne's friends; and expressed appreciation to Mayor Wayne for her leadership qualities, dedication, efforts and hard work, and for all the years of serving the citizens of the City of Saint John. On behalf of the members of Common Council, Deputy Mayor McAlary presented a gift of a gold engraved bracelet and Councillor A Vincent presented roses to Mayor Wayne as a token of appreciation. Mayor Wayne accepted the gifts with thanks; and also thanked the members of Council and the citizens of Saint John for the opportunity to serve for the last sixteen years as a Councillor and as Mayor, as well as the members of City staff for their continued support. Council members spoke, in turn, offering congratulations and best wishes to Mayor Wayne; Mr. Totten spoke on behalf of City staff, acknowledging Mayor Wayne's efforts to treat staff with professional courtesy, particularly in the public forum at Council meetings, and in appreciation for her 84-334 COMMON COUNCIL NOVEMBER 1, 1993 leadership and vitality; and a round of applause and standing ovation were extended to Mayor Wayne by those present in the Council Chamber. Consideration was given to a letter from Mayor Wayne submitting a copy of correspondence from the combined employees group of MITV/CHSJ stating concerns regarding the sale of MITV and CHSJ Television Stations to Ontario-based Can-West Global and the Canadian Broadcasting Corporation; advising that, among other concerns, they have stated that there will be a staff reduction in Saint John from ninety- five to forty-two and also that CBC will run its operation out of Fredericton and will have only a tiny news bureau out of Saint John; and expressing the opinion that this is a very serious issue and Council should look at these changes very closely to see what impact they will have on the City and the employees. Consideration was also given to a letter from Mr. Mike Daigneault, Area Manager of CBC New Brunswick, advising that he would appreciate the opportunity to meet with Council to discuss and answer any questions about the impact on the City of Saint John with respect to CBC's application to the Canadian Radio-television and Communications Commission to take over the broadcasting license of CHSJ Television; and expressing the opinion that the City of Saint John and the Province should benefit from this change. Mayor Wayne, having advised that representatives of the employee group of MITV/CHSJ visited her office earlier this date, commented on the above matter from the point of view that MITV/CHSJ employees do not oppose the sale of the television stations as long as services are maintained in Saint John, and will be submitting a brief to the Common Clerk which they would like to address at the next meeting of Council. The Mayor suggested that Council should obtain all of the facts in this matter by hearing both sides; also advised that, should Council wish to make intervention, notice must be given by November 17 because the hearings are on December 7; and called for a motion to refer the above matter for presentations at the next Council meeting by MITV/CHSJ and CBC. On motion of Councillor A. Vincent Seconded by Councillor Trites RESOLVED that the matter of the application of the Canadian Broadcasting Corporation to the Canadian Radio-television and Telecommunications Commission to take over the broadcasting license of CHSJ Television be referred to the next meeting of Council for presentations by the combined employee groups of MITV/CHSJ and by CBC. Councillor M. Vincent asked that the City Manager obtain for Council's next meeting any information on the above matter in an attempt to put Council in a position to expedite action in this regard. (Councillor Trites withdrew from the meeting). 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 92-20 Provincially-DesiQnated HiQhways Classic Construction Ltd. Original estimated value of work Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated October 14, 1993 $133,035.00 223,254.13 Nil 219,554.13 3,700.00 242.06 $ 3,700.00 84-335 COMMON COUNCIL NOVEMBER 1, 1993 2. Contract 92-21 Phase 1 Closure, Spruce Lake Landfill Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated October 19, 1993 Final holdback release. $ 10,873.65 $150,262.24 170,725.40 Nil 159,851.75 10,873.65 711.36 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract - Choice Drywall Ltd. - PC000010285 East Works Depot - Supply & Install Metal SidinQ Original Contract Amount Total work done, Estimate Number One Retention Payments previously approved Sum recommended for payment, Progress Estimate Number One, dated October 20, 1993 Holdback release. $12,849.00 12,849.00 Nil 10,921.65 $ 1,927.35 Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender of Tacel Ltd., in the amount of $28,940 (plus taxes), be accepted for traffic control devices. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that, as the Commissioner of Finance reported to Council at its last meeting, the City of Saint John has paid approximately $90,000 to the Bank of Nova Scotia for banking services in he last five years, which does not include interest on the City's borrowings which is charged at the prime rate of interest; and also advising that, under the current 5-year arrangement with the Bank as approved by Council on February 1, 1993, the City will pay $24,420 per year for the cost of bank charges for the General Fund, the Water & Sewerage Utility, the Power Commission, the Aquatic Centre Commission, the Parking Commission, Saint John Non-Profit Housing Inc., the Saint John Free Public Library, and the Pension Fund -- be received and filed. (Councillor Trites re-entered the meeting). Question being taken, the motion was carried. Read a report from the City Manager advising that the Power Commission of the City of Saint John requires $2,000,000 in long-term financing as explained in the submitted letter from the Commission's General Manager R. A. Burpee, and a resolution is needed from the municipality when bonds are being issued on behalf of a commission, agency or board; and recommending adoption of the submitted resolution in this regard. 84-336 COMMON COUNCIL NOVEMBER 1, 1993 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the New Brunswick Municipal Finance Corporation be requested to finance $2,000,000 on behalf of The Power Commission of The City of Saint John, in the form of 1 O-year serial debentures, with a 15-year amortization repayment schedule: AND FURTHER that all costs associated with the bond issue be the responsibility of the Power Commission of The City of Saint John. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the report from the City Manager commenting on the issues of concern to neighbours of the 3 Mile Tavern identified in a petition presented to Council on October 12 by Ms. Yvonne LeBlanc at which the owner of the night club also submitted a letter addressing some of the concerns; suggesting a number of proposed measures which, if successful, will reduce the negative impact of the night cub, and concluding that the issues identified are difficult to address and require a co-operative approach among City department, the owner of the night club and the affected neighbours; and recommending that (a) this report be received and filed and the City continue to monitor the situation while working with the owner and neighbouring property owners to reduce the impact of the night club; (b) City staff continue discussions with the Liquor License Branch regarding the method of calculating occupancy loads of beverage rooms, clubs and lounges; and (c) a further report be prepared in December 1993 to update Common Council on the issues in this report -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the report from the City Manager advising that four leases at the Saint John City Market expire at the end of this year which need renewal for January 1, 1994 and require Common Council approval prior to the new one-year leases being prepared as follows:- (1) Dean's Meats, (2) European Sausage, (3) Perry's Meats, and (4) Vern's Bakery, and that the leases cover the fee increases for the tenants with respect to rent as per the City Market By-Law C- 115, reflecting $2 per square foot per year for the stall space, $.20 per square foot per year for the mezzanine space, and $.15 per square foot per year for the basement space; and recommending that the City Legal Department prepare lease renewals with the changes indicated herein, and that the Mayor and Common Clerk be authorized to execute the leases -- be received and fled and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager advising that, further to Council's adoption in Committee of the Whole on September 7 of the recommendations in the submitted report authorizing negotiations with Blanchard Homes (1978) Ltd. for the development and sale of the City-owned lands at Cedar Point, staff has met with representatives of Blanchard Homes to further discuss its proposal and it is anticipated that a satisfactory arrangement for development of the lands can be negotiated; also advising that the lands owned by the City and the Province of New Brunswick are zoned "RS-2" One- and Two-Family Residential and the Millidgeville Secondary Plan proposed that the lands be developed using the "RSS" Suburban Residential zone, therefore, while negotiations continue with Blanchard Homes and to expedite the eventual development of the lands, it is recommended that the City initiate the re-zoning process; and recommending that the City initiate the necessary process to re-zone the subject property. 84-337 COMMON COUNCIL NOVEMBER 1, 1993 On motion of Councillor McAlary Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the proposed re-zoning of approximately 30 acres of City-owned lands (a portion of NBGIC Numbers 49908 and 51771) and 39 acres of Provincially-owned lands (NBGIC Number 52845) located at Cedar Point, from "RS-2" One- and Two-Family Residential to "RSS" Suburban Family Residential classification, 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 December 20, 1993. Question being taken, the motion was carried. Read a report from the City Manager advising that, having received all funding approvals for the development of a naval reserve facility - the HMCS Brunswicker - at 160 Chesley Drive, the Department of National Defence is now ready to proceed with construction of phase one of the naval reserve base, the total project cost being approximately $17 million; noting that, during initial discussions with National Defence, the City made a commitment in Committee of the Whole on November 12, 11991 to facilitate the removal and relocation of the existing boat ramp, and the Port Corporation also committed to help finance its relocation; and also advising that the existing boat ramp at the Chesley drive site must be removed within the next few weeks. The report further advises that the Smythe Street site, which is owned by the Port Corporation, has been selected for the relocation of the boat ramp by a committee comprised of City Planning and Engineering staff, the Port Corporation, the Department of Fisheries and Oceans (also representing local fishermen) and the Canadian Coast Guard, and the Port Corporation has committed $25,000 toward the construction of the new ramp which is estimated will cost $36,000; and proposing that the relocation of the boat ramp be added as an additional project to the 1993 capital program with an estimated net cost to the City of $11,000. On motion of Councillor Coughlan Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the relocation of the public boat ramp from 160 Chesley Drive be added to the 1993 Capital Program and the work be done by City forces. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Council adopt and submit to the Minister of Transportation the submitted provincially-Designated Highways 5-Year Capital Improvement Program for the years 1994-1998, and that a copy of the Program be forwarded to each MLA. Question being taken, the motion was carried. The Mayor advised that the City Manager has asked Council to withdraw his report on the tender for computer hardware for one week. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above-mentioned report from the City Manager be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the by-law entitled, "By- Law Number C.P. 100-330 A Law To Amend The Zoning By-Law Of The City Of Saint 84-338 COMMON COUNCIL NOVEMBER 1, 1993 John", insofar as it concerns deleting the words "- a bus or other public transportation terminal;", in Section 540(2)(a), and inserting the same words in Section 540(1)(a), be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-330 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. Consideration was given to the letter from Mr. William Reynolds, which was tabled at Council's meeting of October 12, concerning the matter of snow plowing on Lime Kiln Road. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the application of Diesel Power Service Ltd. for a Zoning By-Law text amendment relative to property at 660 Brown Street 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 December 6, 1993. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from Mr. F. Wayne Jones commenting on a situation involving a nine-year old girl who climbed on the bottom of a City light (curb side) at a King's Square bus stop, and a bus passed endangering her as the bus driver could not have stopped if she had fallen; and suggesting that something ought to be done to protect children who unknowingly take risks at this bus stop -- 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 this meeting be adjourned. Question being taken, the motion was carried. Common Clerk