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1994-10-24_Minutes 84-899 COMMON COUNCIL OCTOBER 24, 1994 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of October, A.D. 1994, at 4:00 o'clock p.m. present Thomas J. Higgins, Mayor Councillors Chase, Gould, Knibb, McAlary, Rogers, Trites, A. Vincent and M. Vincent - and - Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; C. Robichaud, Commissioner of Municipal Operations; 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; D. Logan, Purchasing Agent; B. Steeves, Building Inspector; G. Tait, Fire Chief; G. Ingraham, Assistant Deputy Chief of Police; D. Wilton, Planning & Research Coordinator, Police Department; 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 17, 1994, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks The Mayor noted the Annual Poor Boys' Luncheon for the United Way on October 21, and the forthcoming meeting in the City of the Towns of New Brunswick Association on October 28 to 30; and advised that, on October 20, he met with the Premier and the Cabinet as an ex officio member of Enterprise Saint John where many items were discussed, and also that the City of Saint John will be hosting the 1996 Acadian Games. Mayor Higgins extended a message of condolence to former City Manager, Mr. Arthur McDermott, on the death of his wife, Helen, on October 21. Councillor Chase, having advised of his visit to the Treadwell Lake area earlier this date, gave to the Common Clerk a petition from a group of concerned residents from the area in anticipation that it would be on the agenda of Council next week. On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that the above-mentioned petition be placed on the agenda of Council for the October 31 meeting. Question being taken, the motion was carried. 84-900 COMMON COUNCIL OCTOBER 24, 1994 Deputy Mayor McAlary asked the subject of the above petition, whereupon Councillor A. Vincent rose on a point of order on the basis that the petition is not on the agenda of this meeting and should not be discussed. (Councillor Rogers entered the meeting.) On motion of Councillor A. Vincent Seconded by Councillor Chase RESOLVED that item 16, being a letter to the Mayor regarding an application pursuant to the Pipe Line Act, be removed from the Committee of the Whole agenda of this date and placed in Legal Session. Deputy Mayor McAlary asked the propriety of the above motion to which Mr. Rodgers replied that, having had a telephone call from Councillor A. Vincent in this regard, he checked into the matter and understands that more information is to be filed on the application this Friday; but, as of this moment, he is not aware of any situation surrounding the application that involves the legal liability of the City. Question being taken, the motion was carried with Councillors Rogers and M. Vincent voting "nay". 4. Tender Replacement Wheel Caps On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Atlantic Tractors and Equipment Ltd., in the amount of $16,500 (plus taxes), be accepted for the supply of one set of Caron #118-39A pin-on replacement wheel caps for the landfill compactor at the Spruce Lake landfill. Question being taken, the motion was carried. 5. Grant Request Of Wellness Festival 1994 On motion of Councillor Trites Seconded by Councillor Chase RESOLVED that the report from the City Manager advising that, further to the October 3 grant request of Wellness Festival 1994, the City contributed $1,500 to the 1992 Festival in recognition of the leadership role that local governments play in determining the quality of life of a community and that the 1994 Festival organizers have noted their need for a wheelchair ramp at St. Vincent's School, which staff estimates would cost $750 for material and labour to construct; and recommending that the City of Saint John construct a wheelchair ramp to the St. Vincent's School gymnasium to provide barrier-free access to the 1994 Wellness Festival -- be received and filed and the recommendation be adopted. Question being taken, the motion was carried. 6. Engineering Consulting Services Crown Street Embankment Project On motion of Councillor Knibb Seconded by Deputy Mayor McAlary RESOLVED that as recommended by the City Manager, Common Council accept the proposal of Fundy Engineering and Consulting Ltd. for engineering services related to the Crown Street embankment project, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents in this regard. 84-901 COMMON COUNCIL OCTOBER 24, 1994 Councillor A. Vincent, noting the railway track in the subject area, suggested that a four-way cost-sharing arrangement might be possible, including the three levels of government and the party which could be causing the problem. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 7. Lease of Properties/Easements Saint John Port Corporation On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, Common Council approve the renewal of the following leases with the Saint John Port Corporation and authorize the execution of the necessary renewal documents:- 1. Lease: Location: Area: Rental: Term: S-169(2) Corner of St. John Street and Market Place 43,950 square feet $25 per annum November 1, 1994 to October 31, 1995 2. Lease: S-57 Location: Area: Rental: Term: Portion of lands between St. John and Minnette Streets 5,775 square feet $200 per annum October 1, 1994 to September 30, 1995 3. Lease:S-238 (2) Location: Sewer Easement, Indiantown Area: 645 square feet Rental: $334 per annum Term: October 1, 1994 to September 30, 1995. Question being taken, the motion was carried. 8. 1994 Grants For Historic BuildinQ Preservation ProQram Read a report from the City Manager advising the status of the 1994 grants for the Historic Building Preservation Program in that the approximately 20 per cent increase in applications has exhausted the $50,000 budget and that, since the July 27 meeting, the Preservation Review Board has tabled applications totalling an additional $46,000 pending resolution from Common Council on availability of additional funding and, as an additional 30 applications could be received by year end, an additional $80,000 would be needed ($46,000 for the now-tabled applications plus $34,000 expected to be requested by the end of the year); suggesting that, as only half of the $30,000 of the 1994 Capital Budget for the Upper Floor Grant Program has been allocated and it appears unlikely that these projects will proceed prior to year end, this money could be transferred to the grants for Historic Building Preservation Program, and that, as a result of actual costs on various projects in the 1994 Capital Budget being less than budget, money will be available to increase the allocation to the Historic Building Preservation Program; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Council approve the reallocation of $80,000 into the Economic Development functional area of the Capital Budget specifically for heritage grants. During discussion Deputy Mayor McAlary expressed concern that properties in preservation areas, which have received heritage grants, could be 84-902 COMMON COUNCIL OCTOBER 24, 1994 permitted to withdraw from the area through a process similar to that which designated the area, and suggested that conditions should be placed on grants so that this cannot occur; and Mr. Bedford explained the process, upon application of a property owner for a subject property to be removed from a designated area. Question being taken, the motion was carried. 9. Environment Committee - Lead Services Removal On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the letter from the Saint John Environment Committee referring to the October 11 award by Council of the contract for lead services renewal; and acknowledging Council's action in remedying lead contamination of potable water in Saint John -- be received and filed. Question being taken, the motion was carried. 10. CANTEC - Old General Hospital Site On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the correspondence from CANTEC submitting comparative costs of the Maxim proposal and the CANTEC proposal for the old Saint John General Hospital project, as well as its adjusted cost comparison; and recommending that City Hall be relocated on Prince William Street in Phase 2 of the CANTEC concept for upgrading Uptown properties -- be received and filed. The Province's announcement of its decision not to proceed with Maxim's proposal for a justice complex on the Old General Hospital site was noted. Question being taken, the motion was carried. 11. River Road Action Team (RRA T) Proposed ReQional Landfill Site On motion of Deputy Mayor McAlary Seconded by Councillor Knibb RESOLVED that the letter from the River Road Action Team (RRA T) referring to its October 17 presentation to Council regarding its opposition to the proposed regional sanitary landfill site at Crane Mountain near Henderson Lake in the Martinon/Acamac area, and submitting further information in this regard -- be referred to Council's representatives on Fundy SWAT. Question being taken, the motion was carried. 12. Karen Hosford Application For Re-ZoninQ Old Black River Road Property On motion of Councillor Knibb Seconded by Councillor Chase RESOLVED that the application of Karen Hosford for the re-zoning of property on Old Black River 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 November 28, 1994. Question being taken, the motion was carried. 84-903 COMMON COUNCIL OCTOBER 24, 1994 13. K. Hosford - Temporary Location Of Mobile Home On Old Black River Road Consideration was given to a letter from K. Hosford requesting permission to temporarily locate a mobile home on property on Old Black River Road. Councillor Knibb, referring to item 12 above in that the application for re- zoning is from the same party who is making the above request, asked if Council's action on this request, while at the same time having made a referral to the Planning Advisory Committee, would prejudice the City's case, to which Mr. Rodgers replied in the negative. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from K. Hosford requesting permission to temporarily locate a mobile home on property on Old Black River Road -- be referred to the City Manager for a report to Council at the next meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk