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1994-02-28_Minutes 84-504 COMMON COUNCIL FEBRUARY 28, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of February, AD. 1994, at 7:00 o'clock p.m. present Thomas J. Higgins, 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; P. Woods, Deputy 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. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; J. Johnson, Building Inspector; G. Tait, Fire Chief; D. Sherwood, Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. Call To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and led in the recitation of The Lord's Prayer. 2. Approval of Minutes On motion of Councillor Landers Seconded by Councillor A Vincent RESOLVED that minutes of the meeting of Common Council, held on February 21, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor Higgins proclaimed March to be Epilepsy Awareness Month and National Nutrition Month in the City of Saint John. Mayor Higgins extended a message of sympathy to the family of the late Hartley Green, a former Council member of the City of Saint John, who passed away on February 23, and to the family of the late Maurice Wilson, father of Commissioner of Finance Daryl Wilson, who passed away on February 25. Mayor Higgins advised that earlier this date he received through Environment Minister The Honourable Jane Barry from Mr. Paul Zed, Member of Parliament - Fundy-Royal, a cheque for $149,912 under the terms of the Federal Government's Joint Emergency Preparedeness Program representing the Federal Government's contribution toward a Protective Services Joint Dispatch Centre for the City of Saint John. Mayor Higgins noted that, immediately following the Council meeting, Fundy Cable will air another episode of the "Inside City Hall" series, with this week's guest being Mr. W. Butler, Director of Water and Sewerage Services. 84-505 COMMON COUNCIL FEBRUARY 28, 1994 8. Proposals For Human Resources Information System On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the City Manager's report on the proposals for a Human Resources Information System be laid on the table. Question being taken, the tabling motion was carried. Participants In Olvmpic Games Councillor M. Vincent, referring to the Winter Olympics in Norway which concluded on February 27, noted that Canada has received the greatest number of medals ever attained in Olympic competition in the world market; and suggested that, as Canada's oldest incorporated City and as the Province was represented by a speedskater from the nearby City of Fredericton, it might be fitting for the Mayor to forward a letter to the Canadian Olympic Committee and Team congratulating them on their competition. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the Mayor forward a letter to the Canadian Olympic Committee and Team congratulating them on their competition in the world market. Question being taken, the motion was carried. 4. Municipal Plan Amendment & Re-Zoning Of Property Off Gifford Road Mr. Bedford, noting the delegation in the Council Chamber in this regard, explained the steps in the process for an application of the above nature, and made the observation that, under normal circumstances upon public presentation, the first time for the public to become involved is after the matter is referred to the Planning Advisory Committee. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, two areas of land, one containing 66 feet of public road frontage on Gifford Road, 125 feet in depth and 8250 square feet in area, being a portion of property known as NBGIC Number 407031; second, an area containing approximately 66 acres located along the western side of an existing brook, being a portion of NBGIC Numbers 55024343, 36657 and 407031, from Open Space to Light Industrial classification, to permit re-zoning of the same area to an "1-1" Light Industrial zone, as requested by J. D. Irving Limited. The Mayor called a brief recess while the delegation on the above matter was departing the Council Chamber. Councillor Landers asked the status of the pits and quarries by-law and if it would be available prior to a public hearing relative to the above application, to which Mr. Bedford replied that staff expects a report to be before Council within the next thirty days dealing with a revision to the pits and quarries policy and by-law; and, although the information within that policy will be able to be used as part of the deliberations in this particular application, the timing of the final approval of any recommended changes in the policy that exists in the Municipal Plan and in the Zoning By-Law would have to go through the legal process if Council wishes to make the changes. 84-506 COMMON COUNCIL FEBRUARY 28, 1994 5. Geneva Roth Holdings II Ltd. - Unsightly Premises By-Law, Dilapidated & Dangerous Building - Former Interns Residence & ConnectinQ Walkwav, 199 Waterloo Street Notice had been given to Geneva Roth Holdings II Ltd., owner of the parcel of land located between the north side of Waterloo Street and the south side of City Road, to appear to show cause, if any, why Common Council should not find the Interns Residence and Walkway to be dilapidated or dangerous so as to be dangerous and unsightly and to require Geneva Roth Holdings Ltd. to remedy the condition, within such time as Common Council may set, by either demolishing the Interns Residence and Walkway or by carrying out the work as set out. Consideration was given to a report from the City Manager advising that, further to the last report to Council in July 1993 in which the condition of the former Interns Residence and Walkway and the other buildings comprising the former General Hospital complex at 199 Waterloo Street were described as being "dangerous" and "unsightly", staff has been monitoring the condition of the buildings on the site and contacted the owners on a number of occasions to report that the buildings were open to public entry and, although discussions have taken place with both the owner and the Province, the problem remains and must be addressed; also advising that staff has inspected the Interns Residence and Walkway on two occasions and now have sufficient information to proceed under the Municipalities Act with respect to them, and will address the remaining buildings in subsequent reports to Council; further advising of the interior dangers and unsightly elements of the Interns Residence, and that there is easy access to the walkway either through the Interns Residence or through the main Hospital building and the floor is littered with such materials as broken glass and wood on which a person could fall by either tripping over or slipping on; and recommending that Common Council adopt the submitted resolution or such other resolution as it deems appropriate. 5{a). Letter From Geneva Roth HoldinQs Ltd. Consideration was also given to a letter from Geneva Roth Holdings II Ltd. advising that it is in receipt of a letter, with enclosures, dated January 28, 1994, authored by Mr. David G. M. Crawford, Technical Services Engineer, respecting an alleged dangerous and unsightly condition of the Interns Residence and Walkway located at the former Old General Hospital complex; explaining that the reason for this letter is that no representative of the Company is able to attend this meeting of Common Council; and requesting that, due to the complex and technical nature of the Building Inspector's recommendations, as well as such short notice which does not allow sufficient time in which to adequately retain professional and technical assistance to deal with the noted proposals, this matter be deferred for a period of 30 - 45 days in order to provide adequate time to present a full and sufficient answer to the comments of the Building Inspector, as well as to be prepared to answer questions that may arise from Council itself. Councillor Coughlan, noting that the time of 7:30 p.m. had not yet arrived, asked the propriety of dealing with the above matter at this time, to which the Mayor replied that he checked with the Common Clerk in this regard and called upon the Building Inspector to address Council. Mr. Johnson noted that Geneva Roth Holdings II Ltd. is asking for an extension of time; and suggested that, although he generally thinks that the Company knows and has known about the condition of the buildings for some time, there is a section in the draft resolution submitted which does contain a complex technical issue on which the Company might have needed additional time before appearing at this meeting; therefore, he does not find it unreasonable that Geneva Roth Holdings Ltd. has asked for that time; and also that the City Solicitor might have an appropriate resolution in this regard. Mr. Rodgers suggested that, because of Geneva Roth Holdings II Ltd.'s request, it would be more appropriate for Council to deal with item 5(a) first and, if Council grants the request, item 5 is automatically taken care of obviously and, if Council does not grant the request in 5(a), then Council will have to deal with item 5 at 7:30 p.m. 84-507 COMMON COUNCIL FEBRUARY 28, 1994 Discussion ensued regarding the indication in the above letter from Geneva Roth Holdings II Ltd. that no formal demand has ever been received by the Company to which it was to reply by letter or action respecting the Interns Residence and Walkway, and Mr. Johnson advised that, acting on legal advice, staff has addressed this issue before Council on the basis of a building-by-building approach and, in dealing with the owner of the property, staff has talked and addressed correspondence to the owner in terms of the property so that, while in fact there might not be specific notice with respect to the Interns Residence and elevated Walkway, he has many files on the subject of the General Hospital site and has had many discussions both in writing and verbally with the owner as to various things which need to happen; and staff is of the opinion that it has provided all of the notification that is essential under the Act and staff has notified the owner. With regard to the possibility of liability to the City if the owner were granted the extension as requested and a situation occurs on the subject property and whether or not anything could be done in the interim to assure that the building will be secure and will not present a dangerous environment, Mr. Johnson advised that the answer is clearly in the negative in that he is not in the position to give any assurance of that type to Council and, in fact, he would not be before Council if he thought that he could give it; and Mr. Totten, in expressing the belief that the owner is questioning its ability to have the technical expertise available on the work stated in the submitted resolution to replace or reinforce any corroded structural steel and deck pan and protect them from further damage, advised that this is the only reason staff is suggesting, from a legal point of view, that it might be in the City's best interest to allow the 30 or 45 day period to lapse in an effort for the Company to undertake to do what it is suggesting; and noted that, as indicated by the Building Inspector, staff cannot guarantee that the property will be secured as that is an obligation of the owner and, although there will be some risk over the next 30 to 45 days, the option is not to extend the courtesy to the owner and proceed; however, staff's position is to give the owner the 30 to 45 days and then proceed immediately. Mr. Rodgers, in suggesting that Council's motion with regard to item 5(a) should be to grant the request of Geneva Roth Holdings Ltd. to defer this matter, expressed the opinion that Council should specifically choose the date and, as 45 days falls within the Council meeting of April 11, the matter should be back before Council at its April 11 meeting and that the owner, from the Common Clerk's letter stating the resolution, will know that the matter is deferred until April 11 at which time it will proceed as it was intended to do at this meeting. Councillor Coughlan suggested that, in view of the knowledge Council now has on the subject property based on the information provided by the Building Inspector, Council has a responsibility and should proceed on this matter at this time; and Councillor A. Vincent expressed concern about the liability to the City should a situation causing injury occur on the property in the interim. Mr. Rodgers, having advised that he would not wish to discuss the question of the City's liability outside of Legal Session, noted the Building Inspector's indication that the Company's request is reasonable and the suggested resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the request of Geneva Roth Holdings II Ltd. to defer the matter with regard to the Interns Residence and Walkway be granted, and the matter be considered further at Council's meeting of April 11,1994. Question being taken, the motion was carried with Councillors Coughlan and A. Vincent voting "nay". 6. ProQress Payment - Harbour Station Pedwav On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 84-508 COMMON COUNCIL FEBRUARY 28, 1994 1. Contract PC00001 0985 Cossey Corporation Harbour Station Pedway - Stairway Enclosure Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated February 21, 1994 Holdback release. Nil 12,657.56 $ 3,017.44 $15,675.00 15,675.00 Question being taken, the motion was carried. 7. ProQress Payment, Fire Station #8 Renovations On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract PC00001 0646 Erb's Enterprises Ltd. Miscellaneous Renovations, Fire Station #8 Original contract amount Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate 1, dated February 21, 1994 Holdback release. Nil 38,766.46 $ 6,545.00 $38,500.00 45,311.46 Question being taken, the motion was carried. 9. License For 670 Sand Cove Road Consideration was given to a report from the City Manager advising that the license document for the use of a portion of City-owned land as a driveway at 670 Sand Cove Road includes a clause stating that the license is not transferrable and that, as the property was sold in 1993, the new owner, Stephen Wallace, has requested that a similar license be granted to him; and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a license be granted to the owner of the property at 670 Sand Cove Road, Stephen Wallace, to permit the encroachment of a paved driveway on the adjoining City-owned property identified as LRIS Number 394742, under the same terms and conditions as included in the license to Reginald Ferguson. Question being taken, the motion was carried. 10. Carrier - Health & Dental Plans Read a report from the City Manager advising that, after a review of rate renewals requested by Confederation Life in the fall of 1992 for the group health and dental plans for City employees, the City determined it should initiate action to put the health and dental plans out to public tender, after due consultation with employee groups/unions; and apprising Council of the action taken in this regard, including the use of a market survey for the purposes of (a) helping the City determine the most viable carrier for its health and dental plans; and (b) gathering information on several 84-509 COMMON COUNCIL FEBRUARY 28, 1994 plan design and funding alternatives that could be useful in developing a future direction for the administration of the plans, and submitting William M. Mercer Limited's Market Survey, "Summary to City of Saint John Regarding the Marketing of the Group Health and Dental Benefits", dated December 1993; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Common Council approve Blue Cross of Atlantic Canada as the carrier for the City's employee health and dental plans, effective April 1, 1994, and that the Mayor and Common Clerk be authorized to execute the retention agreement with Blue Cross. Question being taken, the motion was carried. 11. Colour of Fire Apparatus Read a report from the City Manager commenting on the colour of fire apparatus in that, while traditionally the colour of the City of Saint John Fire Department's apparatus had been "fire engine" red, a decision was made in 1976 to change the colour of the apparatus to "lemon" yellow based on the premise, in that testing data appeared to favour "lemon" yellow as it was thought to provide a higher degree of night-time visibility, that this would in turn result in enhanced public safety and decreased incidents of motor vehicle accidents and personal injuries; advising that, to date, there are no available statistics to substantiate the 1976 hypothesis that the "apparent increased visibility" of yellow versus red trucks improve public safety and one can only conclude that colour as a visibility variable is not a measurable one in predicting effect on public safety; and suggesting that, if truck colour was ever an important variable in reducing apparatus and personal injury or in increasing public safety, technological advances of today negate any such past importance; and submitting a recommendation in this regard. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Council give its approval to the Fire Chief to revert to the traditional "fire engine" red for all fire apparatus, commencing with the ordering of the next piece of new fire apparatus, and further that the City Manager and the Fire Chief devise a reasonable time frame and identify the necessary funding mechanism required for the ultimate conversion of all Fire Department apparatus to red. During discussion it was noted that Harold Mayes made the request at the last meeting of Council for the City to revert to red as the colour for its fire apparatus; and, with regard to concern about the cost, in view of budgetary restraints, to convert all Fire Department apparatus to red, Mr. Totten advised that, while the recommendation is not specific with regard to the time frame, the agreement between the Fire Chief and the City Manager is that the next piece of apparatus will be ordered in fire-engine red and, as the vehicles over a period of time require body work, they will be painted red, but there has been no commitment in terms of a specific time span, and confirmed that Council can be assured that there will be no unnecessary expenditure of funds just to paint a vehicle red. Moved in amendment by Councillor Trites Seconded by Councillor Coughlan RESOLVED that the above motion be amended to indicate that conversion of all Fire Department apparatus to red be done only as part of the normal maintenance and upkeep of the apparatus. Question being taken, the amendment to the motion was carried. Question being taken, the motion as amended was carried. 84-510 COMMON COUNCIL FEBRUARY 28, 1994 12. Property At 487 Main Street Read a report from the City Manager advising that the owner of the property at 487 Main Street has advised that it is for sale and inquired if the City is interested in its acquisition; and recommending that the property not be acquired. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, John McBriarty, owner of the property at 487 Main Street, be advised that the City is not interested in its acquisition. Question being taken, the motion was carried. 13. Committee of the Whole Report 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 reports that it sat on February 21, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, (1) the lease between the City of Saint John and Shell Canada Products Ltd., dated November 1, 1987, for the property located on Germain Street West be cancelled; (2) the property described in the lease between Shell Canada Products Ltd. and the City of Saint John, dated November 1, 1987, be leased to Mega Enterprises Inc. under the following terms and conditions: (2.1) the lease to be for a term of four (4) years to December 31, 1997 with an option to renew for a further 10 years at a negotiated rent; (2.2) the rental to be $1,500 per year payable yearly in advance; (2.3) any outside storage will be kept in a neat and orderly fashion, and all materials must be stored so as not to be unsightly or must be properly covered; (2.4) there will be no outside storage of damaged vehicles unless they are waiting to be repaired and, in this case, they will be limited to five (5); (2.5) there will be no outside storage of used vehicle parts; (2.6) the lessee will abide by any directions from the staff of Housing and Property Management regarding outside storage on the lot, and any condition that, in the opinion of Property Management staff, is unsightly, will be corrected within a period of 10 days, and failure to act on such direction from Property Management staff may result in cancellation of the lease; (2.7) a clause to be included to eliminate any City liability if environmental problems should arise; and (2.8) the lessee to pay all taxes, rates, duties and assessments applied against the property; (3) Mega Enterprises Inc. be authorized to apply for a Municipal Plan amendment and re-zoning of the land to be included in the lease, and the City is neither explicitly or explicitly obligated to approve such application; and (4) an easement be retained to permit access to the sewer line crossing the property. 2. That as recommended by the City Manager, the property at 177-179 Canterbury Street shown on the submitted map as PID #5942 and #5959 be declared surplus to City needs and the other owners of the property abutting Stoneleigh Place be advised it is available for sale by tender. February 28, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 84-511 COMMON COUNCIL FEBRUARY 28, 1994 13(1). Germain Street West Property On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 32(2). 177-179 Canterbury Street On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 14. Saint John Regional Exhibition Centre - SmokinQ At Harbour Station On motion of Councillor M. Vincent Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Saint John Regional Exhibition Centre Commission advising that, as per Council's request, Harbour Station staff has been working with the Housing and Property Management Department and Building Inspector in an attempt to find or develop an area in Harbour Station where smokers could go to light up and that, after exploring the various options, there does not appear to be an area within the building that is suitable as, to provide space within the building and stay within the requirements of the Smoking By-Law, construction and/or equipment costs would be extremely high; suggesting that an alternative, that could be satisfactory, would be to use the old VIA station as a "smoking area" and, as indicated in the submitted copy of a letter from the Building Inspector in this regard, the cost suggested to refurbish the building would be less than $75,000; and making the observation that, until funding for such a project is available, it is unable to proceed further with this matter -- be referred to the City Manager. Question being taken, the motion was carried. 15. Planning Advisory Committee 1994 Executive & Report Format On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the report from the Planning Advisory Committee advising the names of the members of its 1994 Executive, and apprising Council of changes it has made in the format of its reports -- be received and filed. Question being taken, the motion was carried. 16. Planning Advisory Committee Subdivision 274 Westmorland Road On motion of Councillor Trites Seconded by Councillor Chase 84-512 COMMON COUNCIL FEBRUARY 28, 1994 RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the submitted subdivision plan and to any required municipal services or utility easements, as well as authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required work, with regard to the subdivision at 274 Westmorland Road. Question being taken, the motion was carried. 17. Air Atlantic Celebrity Golf Tournament Waiver Of Fees For Golf Course & Pavilion On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from the Air Atlantic Celebrity Golf Tournament requesting (a) waiver of green fees and power cart rentals for the afternoon of July 20, 1994 and all day July 21, 1994 at the Rockwood Park Municipal Golf Course; (b) waiver of fees for the use of the Lily Lake Pavilion from July 20 until the completion of the awards banquet on July 21; and (c) use of the first parking lot area near the west end of Fisher Lakes during the early evening (4 p.m. to 8 p.m.) on July 20 -- be referred to the City Manager. Question being taken, the motion was carried. 18. Residents of Sandy Point Beach Road - Discontinuation of City Services On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from residents of Sandy Point Beach Road responding to the City Manager's report to Council on February 21 with respect to City services on the Road; explaining why the report presented to Council does not convey a fully accurate picture of the situation on the Sandy Point Beach Road; putting forth the position that circumstances on the Road are essentially as they have been for a number of years and the recommendation to withdraw services is arbitrary and unwarranted; and requesting that, when this issue comes before Common Council at a future session, a decision is taken to serve the City's Sandy Point Beach Road residents by continuing to provide plowing and basic maintenance services, as well as garbage collection on the Road itself -- be referred to the City Manager. Mr. Totten advised that he has made a commitment to the residents that, as soon as the report to Council is ready, he will discuss with them the logic that has been followed in adopting the position, and that it could be two or three weeks before the report is before Council. Question being taken, the motion was carried. 19. Seawood School Parent Group Risk At Four-Wav Intersection On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Seawood School Parent Group calling attention to the fact that many children attending Seawood Elementary School are at risk as they must cross a dangerous four-way intersection without the aid of lights, crossing guard or stop signs; and requesting, as this problem has been ignored by City Hall for some time, an immediate response -- be referred to the City Manager. (Councillor Gould withdrew from the meeting.) adjourned. voting "nay". 84-513 COMMON COUNCIL FEBRUARY 28, 1994 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that this meeting be Question being taken, the motion was carried with Councillor A. Vincent Common Clerk