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1993-12-13_Minutes 84-397 COMMON COUNCIL DECEMBER 13, 1993 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of December, AD. 1993, at 4:00 o'clock p.m. present Shirley McAlary, Deputy Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, 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; S. Armstrong, Director of Engineering; W. Butler, Director of Water and Sewerage; G. Tait, Fire Chief; B. Fillmore, Assistant Deputy Chief of Police; D. Logan, Purchasing Agent; J. Adam, Manager of Data Processing; J. Baird, Manager - Development Division, Planning Department; Mrs. M. Munford, Common Clerk; and Mrs. L. Linton, Secretary. Reverend Ed Coleman of St. James the Less Anglican 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 December 6, 1993, be approved. Question being taken, the motion was carried. Deputy Mayor McAlary noted that the 26th Annual Saint John Irving Oil Christmas Hockey Tournament will be held December 27 to 30th and introduced John Correia of Irving Oil, who outlined the programme of events; announced that the 1 st Annual New Brunswick Top 100 High School Hockey tournament will be held at Harbour Station, December 17 to 19th, and proclaimed the week of December 13, 1993 to be High School Hockey Week, and introduced Mike Robertson of Employment and Immigration Canada who invited member of Common Council to attend the tournament and introduced Roly Mcintyre of Employment and Immigration Canada who presented the Deputy Mayor with a tournament jersey. Councillor Coughlan reminded the citizens that they have a number of opportunities to purchase Christmas gifts from various City venues such as the Aquatic Centre, Harbour Station and the Transit Commission. Consideration was given to a letter from Councillor Chase submitting a resolution, subsequent to his notice of motion at the regular meeting of Common Council on December 6, based upon the September 7 request by Harbour Station for a by-law making the practice of "scalping" ticket to events in Harbour Station, specifically, illegal, and also based on recent complaints regarding ticket sales for the Aerosmith concert. Responding to a query from the Deputy Mayor as to the status of the issue, Mr. Totten advised that the item was referred to staff who have been meeting with a number of individuals involved, noting that not only is Harbour Station involved, but also promoters of special events and that a report will be forthcoming in the new year. Councillor Rogers suggested that all the facts should be obtained from the Harbour Commission to the allegations that as many as 125 tickets were sold to one individual, noting there are mechanisms that they can put into place far before a by-law which would take quite some time to develop. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the above matter be referred to the City Manager to discuss with the Regional Exhibition Centre Commission 84-398 COMMON COUNCIL DECEMBER 13, 1993 Council's concern on the method of distribution of tickets to special events at Harbour Station. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 92-8 McAllister Drive Reconstruction Grove Construction (1986) 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 November 17, 1993 Final Holdback Release $ 1,816.13 $286,283.22 275,936.64 Nil 274,120.51 1,816.13 118.81 2. Contract 91-10 Latimer Lake Fluoride System Security Mechanical Ltd. Original estimated value of work Total work done, Estimate Number 6 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 6, dated November 29, 1993 Final Holdback Release $ 9,771.30 $399,500.00 389,050.76 Nil 379,279.46 9,771.30 639.24 3. Contract 92-25 CoburQ Street Reconstruction QM 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 December 7, 1993 Partial Holdback Release $113,811.50 123,725.77 2,000.00 86,610.95 35,114.82 2,297.23 $ 35,114.82 4. Contract 92-24 Manchester Avenue - Storm Sewer Construction Nautilus Construction & Rentals 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 December 6, 1993 Final Holdback Release $ 1,800.00 $105,223.20 103,392.40 Nil 101,592.40 1,800.00 117.76 84-399 COMMON COUNCIL DECEMBER 13, 1993 5. Contract 92-6 OranQe Street Reconstruction - Phase II Standard Paving Maritime Limited 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 6, 1993 Final Holdback Release $ 1,000.00 $197,000.00 157,785.49 Nil 156,785.49 1,000.00 65.42 6. Contract 92-10 Asphaltic Concrete - Street Reconstruction Grove Construction (1986) 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 December 6, 1993 Final Holdback Release $ 8,440.00 $728,812.40 676,086.04 Nil 667,646.04 8,440.00 552.15 7. Contract 97-29 Old Black River Road PRV R. C. Bird Construction (1992) Ltd. Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated December 7, 1993 Final Holdback Release. $ 52,303.00 56,888.74 Nil 48,355.43 8,533.31 558.25 $ 8,533.31 Question being taken, the motion was carried. Mr. Norman E. Herrington, Chairman of the Committee appointed to review the Taxi Industry, accompanied by members of the Committee, namely, Vijay Kawatra, Paul Ram Carl Daigle, Richard Steeves and A C. Martin, addressed Council and, referring to the previously-submitted brief, summarized the report as follows, (1) that meters be used because of the equality and the consistency of fare application, (2) that a single fare structure be implemented, (3) that improved standards for vehicles and drivers be implemented, (4) there be more frequent vehicle inspections (5) that a full time administration of the by-law provisions and industry relations be instituted (6) that improved communications are necessary to give a chance for the industry to improve the image and help its own cause. Mr. Herrington advised that the suggested next step for Common Council would be to have legal counsel prepare legislation to amend the Municipalities Act to permit the establishment of a mandatory meter fare measurement system with a single rate that may from time to time be established, and subsequently, pass a new by-law which would establish a metered fare system with appropriate rates based on time and distance, such fare structure to be determined in consultation with the taxi industry in Saint John and with other jurisdictions where similar systems exist; finally, the new taxi by-law should include the other recommendations made in the study in the areas of standards, inspection, administration and communications. During ensuing discussion the Deputy Mayor questioned reference in the report to an administrator and whether it is the intent of the committee to have someone hired within the City or if the taxi industry would hire someone. Mr. Herrington advised that it was suggested this could be an existing office within the City structure, perhaps someone who does licensing now. Responding to a comment from Councillor Knibb as to whether the taxi industry was consulted, Mr. Herrington advised that anyone interested in the industry was invited to talk with the committee, and that many people did, responding in person, in writing and by telephone. Responding to a query as to the cost of installing 84-400 COMMON COUNCIL DECEMBER 13, 1993 meters, Mr. Ram advised that the cost is $1.20 per day to rent a meter and from $350 to $400 to purchase a unit. The Deputy Mayor thanked Mr. Herrington and the committee members for their efforts in reviewing the taxi industry in Saint John. On motion of Councillor Chase Seconded by Councillor Knibb RESOLVED that the report of the committee appointed to review the taxi industry be referred to the City Manager for a report and recommendations to Council no later than February 1, 1994. Question being taken, the motion was carried. Read a report from the City Manager advising that the gravel pit at 1600 Sand Cove Road is a long-abandoned un-rehabilitated gravel pit owned by the Province for which, in 1990, an excavation permit was issued to F. A Simpson Ltd. for removal of clay to be used for the expansion of the Lancaster sewage lagoon, one of the requirements of the permit being that the pit would be rehabilitated; also advising that this permit was renewed annually up to 1993 but is now being discontinued and, in October of this year, grading and hydroseeding were completed; explaining that, due to the lateness in the year when hydroseeding was done, the grass has not yet fully taken and it is appropriate to retain a portion of the security in the event some reseeding is necessary; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $2,000, be accepted as security to ensure the hydroseed planted at the gravel pit at 1600 Sand Cove Road germinates properly. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the proposal of B. M. Wilson Associates Ltd. be accepted for the provision of programmer/analysis services on an as-and-when-required basis, for a period of one year. (Councillors Chase and Trites withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender for the supply of vacuum trucks, on an as-and-when-required basis for a period of one year, be awarded as indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender for the supply of computer hardware and software, necessary to upgrade and expand the Engineering Department's CAD computer system, be awarded as per the recommendations in the submitted bid summary. Responding to a query, Mr. Logan confirmed there is an analysis to determine the usage of PC's throughout the organization to ensure they are efficiently utilized, and Mr. Wilson advised that the reason the PC's are so heavily utilized is because the City does not have enough of them. 84-401 COMMON COUNCIL DECEMBER 13, 1993 (Councillor Trites re-entered the meeting.) 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 tender for the supply of hardware and software necessary to expand and upgrade the VAX computer system be awarded as indicated in the submitted bid summary. Councillor M. Vincent noted that only one bid was received from New Brunswick and none from Saint John and questioned who would be qualified to bid on the tender. Mr. Logan advised that the tender was advertised in the newspaper and sent to all of the companies on the tender list, however, this is Digital equipment and only Digital equipment distributors would be able to tender. (Councillor Chase re-entered the meeting.) Question being taken, the motion was carried. Read a report from the City Manager submitting a recommendation further to the September 7 request of the Fort LaTour Development Authority for the City to provide cedar logs to construct an identification monument on the Fort LaTour site. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Water & Sewerage Department deliver to the Fort LaTour Site the 28 logs, as requested by the Fort LaTour Development Authority. Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed City Market By-Law amendment concerning the December 27, 1993 closure, which was given first and second readings on December 6. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "By-Law Number C-115-5 A By-Law To Amend The By-Law Relating To The Market In The City Of Saint John", with regard to the December 27, 1993 closure of the City Market, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C-115-5 A By-Law To Amend The By-Law Relating To The Market In 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 Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-332 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the property to the rear of 428, 430, 432 and 434 Rothesay Avenue (NBGIC Number 306431), from "RS-2" One- and Two-Family Suburban Residential 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 the following conditions: (a) a landscaped buffer be developed with a minimum depth of 7.5 metres (25 feet) and including the embankment 84-402 COMMON COUNCIL DECEMBER 13, 1993 as illustrated on a site plan to be approved by the Development Officer; (b) the landscaped buffer be maintained by the applicant; (c) no access of any kind be provided or developed through the landscaped buffer area required in (a); (d) a chain link fence be provided and maintained at the top of the embankment and that a guide rail be provided and maintained at a location approved by the Development Officer, both to be illustrated on the plan required in (a); and (e) the required site improvements in (a) and (d) be completed by May 31, 1994. The by-law entitled, "By-Law Number C.P. 100-332 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. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letters from (a) Alice and Alfred Roy expressing concern about the Martinon bus being taken off in January; and (b) Elaine McLennan objecting to any changes in the bus service that is now being provided to the residents of Loch Lomond -- be received and filed. Deputy Mayor McAlary noted that Council has reviewed the Transit Commission budget and no final decision has been made on the Loch Lomond or Martinon bus service and that the comments and concerns of residents will be taken under advisement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that (a) the letter from The New Brunswick Historical Society objecting to the application for the enactment of a private bill regarding the Public Burial Ground, and asking that Council rescind the application; (b) the Press Release from the Saint John Branch of the New Brunswick Genealogical Society, expressing opposition to any amendments to the legislation protecting and preserving the Old Loyalist Burial Ground; and (c) the letter from Mr. Merton Fudge expressing the opinion that there is only one proper and fitting location for the statue of the late Kenneth Colin Irving, that being in the Loyalist Burial Ground -- be received and filed for future consideration. Deputy Mayor McAlary advised that the above-noted amendment has been postponed by the Province until the spring session of the Legislature and apologized to the Irving family and to the citizens on the way the issue was handled, and suggested that a meeting should be held with the Irving interests. It was suggested that the Irving interests be requested to respond to Council in writing prior to the spring session of the Legislature so it will know what their proposal is. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letters from (a) Saint John City Hall Employees' Local 486, C.U.P.E.; (b) Civic Employees Local Union No. 18, C.U.P.E.; and (c) Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., expressing the opposition to the application to the Province to repeal the City of Saint John Pension Act and to seek authority to have the City Pension Plan administered by City by-law -- 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 River Valley Community Center Foundation Inc. requesting support of its application for 84-403 COMMON COUNCIL DECEMBER 13, 1993 regional funding from the Province to build a regional recreation facility -- be referred to the City Manager for budget consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councilor Chase RESOLVED that the letters from The Catholic Women's League Councils of (a) the Saint John Region, and (b) Holy Trinity Parish, asking Common Council to review the by-laws that enable a video outlet such as "Lipz" to locate in the prominent and readily-accessible area of Waterloo Street, and protesting to the subject video outlet, respectively -- 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. Common Clerk