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1994-10-11_Minutes 84-878 COMMON COUNCIL OCTOBER 11, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the eleventh day of October, A.D. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Coughlan, Gould, Knibb, McAlary, Trites, A. Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Bedford, Commissioner of Development Services; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; D. Logan, Purchasing Agent; B. Steeves, Building Inspector; G. Seaman, Land Information Coordinator, Planning; G. Tait, Fire Chief; A. Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor Higgins called the meeting to order, and offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on October 3, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks The Mayor noted the forthcoming Cities of New Brunswick Association meeting in Campbellton on the weekend of October 14, and the anticipated representation at this meeting from what will be the new City of Miramichi which will be incorporated as a City in January; also noted the October 15 paint swap event, being organized by a number of area non-profit environmental agencies, to be held at the McAllister Place parking lot; and proclaimed October 15 as Fire Service Recognition Day, and October 16-22 to be Homemaker Home Support Worker Week in the City of Saint John. 4. ProQress Payment. Contract 93-11 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 93-11, Park Street Pump Station - New Pumps Security Mechanical Ltd. Original estimated value of work $27,894.00 84-879 COMMON COUNCIL OCTOBER 11, 1994 Total work done, Estimate Number 2 (Final) Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated September 30, 1994 Final holdback release. 25,894.00 Nil 22,009.90 3,884.10 254.10 $ 3,884.10 Question being taken, the motion was carried. 5. Tender For LandscapinQ Consideration was given to a report from the City Manager advising the result of negotiations with Maritime Sod Ltd. for landscaping pedway land, further to Common Council resolution of October 3 authorizing staff to enter into a negotiation process in this regard; advising that, while the original tendered cost of this project was $31,450 (all taxes included), the total cost will be reduced to $23,318 (all taxes included), if the City accepts the changes to the project as described in this report; and submitting a recommendation with respect to the revised project. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, the revised project for landscaping pedway land, as described in the City Manager's report in this regard, be awarded to Maritime Sod Ltd. for the negotiated cost of $23,318 (all taxes included). Question being taken, the motion was carried. 6. Compressor At Gorman Arena On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that both compressors failed at the Gorman Arena last week and, while there is irreparable damage to one, the other is being repaired and can be put back into service, and that, as both compressors must be fully operational in order to run the rink properly, a source for a new compressor was found and a price worked out; and recommending that Council approve the expenditure, from the Capital Budget, of $19,997.50 (plus tax) to cover the cost, from A.P.V. Canada Inc., to replace one of the compressors at the Gorman Arena -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. 7. Tender For Contract 94-19 Lead Services Renewal On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 94-19, lead services renewal, be awarded to L. Halpin Excavating Ltd., at the tendered price of $448,107.50, 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. 84-880 COMMON COUNCIL OCTOBER 11, 1994 8. Kennebecasis Bay Subdivision, Phase 5 Secoudon Drive - Reduction of Security On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Kennebecasis Bay Subdivision - Phase 5, be reduced to $29,000 from the existing amount of $32,000. Question being taken, the motion was carried. 9. Westgate Park Subdivision, Phase 2 StaQe 2. WestQate Drive. Lots 8. 9 and 28 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, pursuant to Clause 25.2 of the Subdivision By-Law, the security amount for the remaining work at Westgate Park Subdivision, Phase 2, Stage 2, be reduced to $1,000 from the existing amount of $8,000. Councillor A. Vincent asked the names of the principals of 015833 N.B. Limited, the Company named in the City Manager's report as being the developer of the above Subdivision, to which Mr. Robichaud replied that, while he does not know who all of the principals of the Company are, staff deals directly with Mr. Terry Lockhart at the Community College who represents the group. On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that the above matter be laid on the table for one week to determine who the principals of 015833 N.B. Limited are. Question being taken, the tabling motion was lost with the Mayor and Councillors Coughlan, Knibb, McAlary and Trites voting "nay". Question being taken, the original motion was carried. 10. Work On Sydney Street Read a report from the City Manager commenting on the work being carried out in the Loyalist Burial Ground and surrounding areas in that, where granite curbing is immediately adjacent to walkways in the Burial Ground, the work is done at no cost to the City, while the granite curbing on Sydney Street is not adjacent to a Burial Ground walkway and as such should be done at the City's expense; advising that staff is now of the opinion that, if the project is to look complete and to reach its potential, the City should undertake to raise all of the granite curb along Sydney Street, a project which otherwise would have been scheduled two or three years from now, and also that the City has received an offer from FCC Engineering to undertake this project on the City street for a total cost of $18,000; and recommending this expenditure. On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, a purchase order, in the amount of $18,000, be issued to FCC 84-881 COMMON COUNCIL OCTOBER 11, 1994 Engineering for the reconstruction of existing granite curbs and the reinstatement of asphalt and sod on Sydney Street, from King Street East to the southeast corner of the Golden Ball building. Question being taken, the motion was carried. 11. Zoning By-Law Text Amendment 1121 ManawaQonish Road On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number C.P. 100-355 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 520(2)(e) by adding the following as Section 520(2)(e)(iii): "(iii) notwithstanding subclause (i), a motel may be located at 1121 Manawagonish Road.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-355 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. 12. Civic NumberinQ Bv-Law M-119 On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the by-law entitled, "By-Law Number M-119 A By-Law Respecting The Numbering Of Buildings In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number M-119 A By-Law Respecting The Numbering Of Buildings In The City Of Saint John", was read in its entirety. Mr. Bedford, in response to Council queries, apprised Council of the procedure involved should it be necessary for civic numbers and street names to be changed. 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 October 3, 1994, when there were present Mayor Higgins and Councillors Chase, Coughlan, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Councillor Trites be appointed to the Council Finance Committee. 2. That as recommended by the City Manager, $7,500 be provided from the 84-882 COMMON COUNCIL OCTOBER 11, 1994 Land Subdivision Fund to permit the City to cost share a recreation project with the Lakewood Home & School Association under the Community Development Program. Tuesday, October 11, 1994, Saint John, N.B. Respectfully submitted, (sgd.) Thomas J. Higgins, C h air man. 13(1). Appointment To Finance Committee On motion of Councillor Chase Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. 13(2). Community Development Program - Land Subdivision Fund - Lakewood Home & School On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 14. Minister of Municipalities, Culture And HousinQ - Municipal RestructurinQ On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from The Honourable Paul Duffie, Minister of Municipalities, Culture and Housing, referring to his Department's recent undertaking of various measures in the restructuring and amalgamation of the Greater Moncton and the Miramichi area; and advising that the Government has also chosen to act upon one of the important recommendations made by the report of the Commission on Land Use and the Rural Environment (CLURE), by establishing rural commissions in unincorporated areas that would have directly elected committees with the ability to adopt their own local planning by-laws and, to this effect, the next major thrust will include the implementation of a pilot project to be carried out in the areas served by the Beaubassin District Planning Commission to create an appropriate number of Rural Commissions, this district including twelve Local Service Districts and the municipalities of Shediac and Cap Pele -- be received and filed. Question being taken, the motion was carried. 15. FCM - Request For Resolutions On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the December 1994 meeting of the FCM National Board of Directors -- be referred to the City Manager. Deputy Mayor McAlary suggested that the Environment Canada Office 84-883 COMMON COUNCIL OCTOBER 11, 1994 and the VIA Rail service should be matters for FCM resolutions, and Councillor Knibb suggested that the continuation of the Infrastructure Program should also be addressed. Question being taken, the motion was carried. 16. Susan Isaacs-Lubin - Fourth Street On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Susan Isaacs-Lubin advising that, last winter during snow-plowing operations, the sidewalk in front of her property at 33 Fourth Street was damaged by the City's equipment, leaving rough depressions, and this condition is not only unsightly but also constitutes a danger to passing pedestrians, particularly those using footwear with heels; and requesting that repair be effected as expeditiously as possible, now -- be referred to the City Manager. Question being taken, the motion was carried. 17. First Night Saint John -Involvement Of Elected City Representatives On motion of Councillor Coughlan Seconded by Deputy Mayor McAlary RESOLVED that the letter from First Night Saint John in appreciation for the financial commitment provided by the City of Saint John to First Night, a community celebration of the New Year and performing arts; and requesting the involvement of the elected City representatives in a story-telling venue as part of the New Year's Eve celebration -- be received and filed. The Mayor asked that Council members contact Mr. Gary Arthurs, Project Coordinator of First Night Saint John, if they are interested in being involved in the above event. Question being taken, the motion was carried. 18. Centre scolaire-communautaire Samuel de- Champlain - 1996 Acadian Games On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from Mr. Ronald Drisdelle of Centre scolaire-communautaire Samuel-de-Champlain expressing appreciation for the City's assistance and collaboration during the application process to host the 1996 Acadian Games; and advising that, on October 23, the board of La Societe des Jeux de l'Acadie will announce the host municipality of the 1996 Games -- be received and filed. Question being taken, the motion was carried. 19. The Marco Polo Proiect - Float For City Consideration was given to a letter from The Marco Polo Project advising that it has been working, in conjunction with the New Brunswick Community College, on building a new float for the City of Saint John, having become aware of the City's loss of its previous float, and that Kent Homes is going to supply a 36-foot trailer free of charge for the project, while well-known artist Jim Stackhouse designed an agreed- 84-884 COMMON COUNCIL OCTOBER 11, 1994 upon concept and volunteers from Saint John Shipbuilding have agreed to help in the design of the float; and submitting a drawing of the float, with the float to be delivered to the City free of charge. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John accept, with gratitude, the float from The Marco Polo Project and commend The Marco Polo Project for the continued enthusiasm it is showing in bringing to a successful completion its plan to enhance the tourist industry in the whole of New Brunswick. The Mayor displayed a coloured conception of the Marco Polo float. Question being taken, the motion was carried. 20. Office of the Fire Marshal Fire Prevention Week Theme On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that the letter from the Office of the Fire Marshal asking Council's support of Fire Prevention Week 1994 and its theme - Test Your Detector For Life! -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk