1994-12-05_Minutes
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COMMON COUNCIL
DECEMBER 5, 1994
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Monday, the fifth day of December, A.D. 1994, at 4:00 o'clock p.m.
present
Thomas J. Higgins, Mayor
Councillors Chase, Coughlan, 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; W. Butler,
Commissioner of Community 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; W. Edwards, Building Inspector; J.
Baird, Manager - Development Division, Planning; P. Asimakos,
Planner; G. Tait, Fire Chief; G. Ingraham, 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 Reverend C. French,
Pastor of Central Baptist Church, 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 November 28, 1994, be approved.
Question being taken, the motion was carried.
3. Mavor's Remarks
Mayor Higgins expressed appreciation to those involved in the Mayor's
Tree Lighting Ceremony on December 2.
* Added Item
On motion of Councillor Gould
Seconded by Councillor Knibb
RESOLVED that the copy of a letter to the
Mayor from the Minister of Supply and Services (copies of which were forwarded to
Council members as an information item), concerning decentralization, be added to the
agenda of this meeting for consideration as item 3A.
Question being taken, the motion was carried.
(Councillor Rogers entered the meeting.)
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COMMON COUNCIL
DECEMER 5, 1994
* Added Item
On motion of Councillor Coughlan
Seconded by Councillor A. Vincent
RESOLVED that the letter from
CANTEC (copies of which were distributed to Council members at this meeting), further
to its presentation scheduled for this meeting -- be added to the agenda of this meeting
for consideration as item 3B.
Question being taken, the motion was carried.
*3A. Federal Minister of Supply and Services
Response To Mavor's Letter Re Decentralization
On motion of Councillor Gould
Seconded by Councillor Coughlan
RESOLVED that the copy of the letter
to Mayor Higgins from The Honourable David Dingwall, Federal Minister of Supply and
Services, advising, in response to the Mayor's letter concerning the recent news articles
on the possible decentralization and relocation of Federal jobs to the Atlantic Region,
that the issue of decentralization is only one part of an ongoing review on how all
Government programs are delivered and, to this end, the Government is examining all
possibilities to provide more cost effective programs and, once complete, he will be in a
better position to assess the possibility of transferring government departments to
various regions of the Province -- be received and filed, and Enterprise Saint John be
asked to actively pursue this matter.
Question being taken, the motion was carried.
*3B. CANTEC Presentation To Council
Consideration was given to a letter from Messrs. Peter A.D. Mill and
Peter Jardine of CANTEC asking Council to postpone until December 12 their
presentation scheduled for this meeting and, in the meantime, to provide them with
urgent written guidance on which of the options, as provided, that Council prefers in
order that they make their presentation as relevant and succinct as possible; and
referring to an unsigned letter of November 30, apparently sent by Mr. Barry Stewart to
CANTEC and copied to Mayor Higgins and Mr. Terry Totten.
Councillor Knibb questioned the reference to an unsigned letter and
asked its contents, to which Mayor Higgins confirmed that he would rather Council deal
with the above request without that knowledge at the present time. In response to
Councillor A. Vincent's request that Council's procedure be followed by the provision of
copies of the CANTEC presentation to Council members prior to the presentation, the
Mayor advised that he received just prior to this meeting a general proposal from
CANTEC of which copies will be made for Council. Councillor Rogers, on a point of
order, suggested that there should be no discussion until a motion was on the floor.
3B. &4.
On motion of Councillor Rogers
Seconded by Councillor Coughlan
RESOLVED that CANTEC be allowed
to postpone its presentation to Council, scheduled as item 4 on the agenda of this
meeting, for one week to December 12, and Council give CANTEC no indication on the
options provided in the above letter.
Question being taken, the motion was carried.
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COMMON COUNCIL
DECEMBER 5, 1994
5. Infill Housing And Rehabilitation
DesiQn Guidelines And Zone Standards
Read a report from the City Manager submitting a report, "Infill Housing
and Rehabilitation Design Guidelines And Zone Standards", prepared by Comeau
MacKenzie Architecture, the consultant engaged through a $10,000 grant from Canada
Mortgage and Housing Corporation's ACT (Affordability and Choice Today) Program,
the purpose of such Program and this project being to streamline the application
process for infill projects in older areas of the City and, at the same time prepare
development standards which are more responsive to the context of these areas;
advising that Mr. Peter Pappas, representing the Home Builders Association and the
project committee, would like to make a short presentation outlining the major findings
of the project, and submitting a recommendation with respect to the submitted report.
On motion of Councillor M. Vincent
Seconded by Deputy Mayor McAlary
RESOLVED that as recommended
by the City Manager, the report, "Infill Housing and Rehabilitation Design Guidelines
And Zone Standards", prepared by Comeau MacKenzie Architecture, be referred to the
City Manager for review, solicitation of public input, and preparation of detailed
recommendations on Zoning By-Law amendments.
On motion of Councillor Gould
Seconded by Deputy Mayor McAlary
RESOLVED that Mr. Pappas be
invited to address Council at this time.
Question being taken, the motion was carried.
Mr. Peter Pappas, through a slide presentation, highlighted the above
project.
Question being taken, the original motion was carried.
6. Establishment Of Paintball Field Off
Henderson Lake Road At Martinon By-Pass
Consideration was given to report from the City Manager advising that
Excellent Adventures has been advised that upgrading of the Henderson Lake Road is
required prior to a permit being issued for a commercial recreational facility, known as a
paintball field, and, as the applicant does not want to undertake the required upgrading
and wants the issue resolved, the Zoning By-Law gives Council the authority to make a
final decision on the street upgrading required; providing background information
relevant to this matter, and submitting a recommendation for Council's consideration.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, pursuant to Section 40 of the Zoning By-Law, development of a paintball
field off Henderson Lake Road be approved on condition that the initial 125 feet of
Henderson Lake Road be upgraded to Country Road standards.
Deputy Mayor McAlary noted the presence in the Council Chamber of
Mr. Reinhart of Excellent Adventures.
On motion of Deputy Mayor McAlary
Seconded by Councillor Gould
RESOLVED that Mr. Kim Reinhart of
Excellent Adventures be invited to address Council at this time.
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DECEMER 5, 1994
Question being taken, the Mayor declared the motion carried, with the
Mayor and Councillors Coughlan, Gould, Knibb, McAlary, Rogers and A. Vincent voting
"yea", and Councillors Chase, Trites and M. Vincent voting "nay".
The Mayor expressed concern about the precedent that could be set in
making a motion of the above nature on items before Council; and Councillor M.
Vincent noted the requirement, in accordance with the Council Procedure By-Law, for a
two-thirds majority affirmative vote of the total membership of Common Council in order
for Mr. Reinhart's presentation to be properly before Council.
Mr. Kim Reinhart appeared before Council and, having noted his attempt
through the City Manager to make it known that he wanted to speak on the above
issue, expressed the understanding based on information from the City Manager that
the above report would require him to, before he can begin operation at the subject
site, upgrade a piece of road to Country Road or City street standards. Mr. Reinhart
advised that the Planning Advisory Committee, in passing a motion that included other
requirements for his operation, removed the requirement that he should have to
upgrade the road, and that, even though he has gone through the motions and
followed the procedures and been given permission, staff still requires him to make an
investment in upgrading a City road which is of no benefit to him and is fine for him just
as it is as he basically needs it only for a driveway so that he has legal access off the
road for parking.
During discussion Mr. Reinhart advised that it would not be feasible for
his operation to upgrade the road as the cost of doing so would simply bankrupt him
before he opens his doors and his business is not a high-volume operation and is still
new and growing, and he is attempting to get into a more visible location so that the
business can grow more, and also that, while Section 40(1) of the Zoning By-Law refers
to erection of a building, no building is to be erected on the subject property; and Mr.
Bedford explained that the fact that this is a public street raises the potential, if a
commercial use in the area is permitted without meeting the full standards required, in
the future of having additional development along this road with a street not properly
developed; and also why, although it is within Council's ability to consider the road in its
present condition or a condition other than Country Road standards and this would
meet Section 40(1) of the Zoning By-Law, staff feels it is most appropriate to adhere to
the By-Law standards and Country Road standards as set out.
On motion of Councillor Rogers
Seconded by Councillor M. Vincent
RESOLVED that the above matter be
laid on the table and the City Manager facilitate a meeting with the applicant and
consideration be given for appropriate road standards for 125 feet of Henderson Lake
Road.
Question being taken, the tabling motion was carried.
7. Tender For Vacuum Trucks
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, the tender of Melanson's Waste Management Inc., Saint John,
having the lowest prices bid on each item of the tender, be accepted for the supply of
vacuum trucks, as required, for a period of one year.
Question being taken, the motion was carried.
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DECEMBER 5, 1994
8. Tender For Equipment Rental
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tenders for the establishment of supply agreements for the provision
of rental equipment, on an as-and-when-required basis, for the period of one year, be
accepted as indicated in the submitted summary of bids.
Question being taken, the motion was carried.
9. Tender For HV AC System
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, the tender of Fundy Ventilation Ltd., in the amount of $16,618 (all
taxes included), be accepted for the supply and installation of a HVAC system in the #1
Fire Station on Leinster Street, being the lowest bid to meet the requirements of the
tender.
Question being taken, the motion was carried.
10. Tender For StumpaQe Sale
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that as recommended by
the City Manager, the tender of Koh-I-Ner Enterprises Ltd. be accepted for harvesting
selected wood fibre from two locations as identified by the Water and Sewerage
Department, being the highest bid to meet the requirements of the tender.
Question being taken, the motion was carried.
11. Request To Purchase City-Owned
Land In Loch Lomond Watershed
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that the report from the
City Manager advising that the request from Mr. William Babineau to purchase
approximately 15,000 square feet of City property adjacent to his home on Williams
Road does not conform with the existing City policy with respect to the protection of
watersheds; and recommending that Mr. Babineau be advised that the City is not
prepared to sell a parcel of land adjacent to his property on Williams Road -- be
received and filed and the recommendation adopted.
Question being taken, the motion was carried.
11A. Rockwood Park Golf Course
On motion of Councillor Rogers
Seconded by Councillor Knibb
RESOLVED that the report from the City
Manager advising that, in the preparation of a position on the issue of the Rockwood
Park Golf Course, it has become obvious that discussions are required with both Gerry
Connolly and Contemporary Leisure Canada Inc. to seek further clarification on
comments contained in their proposals; and recommending that staff be given authority
to have further discussions and negotiations with both Mr. Gerry Connolly and
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representatives of Contemporary Leisure Canada Inc. prior to bringing forth a
recommendation on this issue -- be received and filed and the recommendation
adopted.
Discussion ensued during which time Mr. Totten clarified that it would not
be staff's intention to consult with the six who submitted proposals, but to focus only on
the above-mentioned two proposals, and that he wants to feel comfortable in having
discussions with Mr. Connolly or Contemporary Leisure, as well as with Municipal Golf
2000 and Local 18 which are different in that they did not respond to the proposal call.
Councillor M. Vincent expressed concern about having further negotiations involving
more than one of the applicants after the process has concluded in that they might
involve new areas on which Councilor the other parties concerned might not be aware,
and advised that he would have to be assured that, when at the staff level some form
of position or recommendation has been reached, Municipal Golf 2000 and Local 18
would be apprised of anything that has varied even slightly from what Council has
already heard in these further discussions and negotiations; and Councillor Gould
concurred with Councillor M. Vincent's comments on the basis that the opportunity
should be made available to all six who submitted proposals, and suggested that
perhaps the whole process should be done again.
(The Mayor withdrew from the meeting during the above discussion
whereupon Deputy Mayor McAlary assumed the chair.)
Question being taken, the motion was carried with Councillors Gould, A.
Vincent and M. Vincent voting "nay".
12. Arbor Dav Committee - Mandate & Name
On motion of Councillor Knibb
Seconded by Councillor M. Vincent
RESOLVED that the letter from the
Arbor Day Committee advising of its review of its mandate in light of the Manawagonish
Road Tree Preservation program and the City's recent recommendation for the
establishment of a stewards program for the urban forest, a by-law for the protection of
trees and the development of an adopt-a-tree program; also advising that it will accept
the responsibility, in cooperation with the City's Parks Department, to implement the
"Tree Planting Upon Request Policy"; and recommending that the Arbor Day
Committee name be changed to the Urban Tree Committee in keeping with its new
focus and added responsibilities -- be received and filed and the recommendation be
adopted.
Question being taken, the motion was carried.
(The Mayor re-entered the meeting and reassumed the chair.)
13. Eric L. Teed, Artillery Pieces
For Fort Howe Open Air Museum
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that the letter from Mr. Eric L.
Teed advising that Council, a number of years ago, agreed in principle to establish an
open air military museum on Fort Howe and, at present, there are two guns, and also
that he has just received information respecting the possibility of acquiring one or more
guns from the Halifax Defence complex which would certainly be an additional
attraction to Fort Howe; and suggesting that the City might seek some philanthropic
sponsor -- be referred to the City Manager.
Question being taken, the motion was carried.
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14. Derek Sollows - HeritaQe Preservation Areas
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from Mr.
Derek Sollows urging Council to re-evaluate the subsidization of some neighbourhoods
on the basis that, as a property owner in the Trinity Royal Area, he can confirm that the
encouragement of owners and tenants to take an extra measure of pride has been
effective in increasing property values and rental values in the Trinity Royal
neighbourhood and, in the purely commercial sense, property owners there have
benefited at the expense of their fellow taxpayers; and proposing that those who enjoy
the direct benefits should pay a surtax rather than the City taxpayer in general -- be
received and filed.
Question being taken, the motion was carried.
15. Gerrv Connollv - Rockwood Park Golf Course
On motion of Councillor Coughlan
Seconded by Councillor Knibb
RESOLVED that the letter from Mr. Gerry
Connolly commenting further to his presentation to Council on October 31 of his
proposal in response to the City's Call For Proposal #94-032, Operation of a Municipal
Golf Course, and with respect to presentations in this regard at subsequent Council
meetings; and emphasizing that he remains willing to discuss any concerns which may
yet exist with respect to his proposal and to work with the City to address any issue --
be referred to the City Manager for deliberation.
Question being taken, the motion was carried.
16. Local Union 691, C.E.P., Request
To Place Trailer At Picket Lines
On motion of Councillor Coughlan
Seconded by Councillor Knibb
RESOLVED that the letter from Local
Union No. 691, Communications, Energy and Paperworkers Union of Canada,
requesting permission to place a small trailer (12' x 16') at the picket lines at the Loch
Lomond Road and Grandview Avenue locations -- be referred to the City Manager for a
report to Council.
Councillor A. Vincent, in suggesting that the City Manager knows about
the above matter as the Local has been asking senior staff for permission, expressed
the opinion that both Local 691 and the owner should be allowed to place a trailer there
as it is cold for both the employers of the company who are on duty at the gate, as well
as the strikers. Mr. Totten made the observation that only Council has authority to
grant permission for something to be placed on the street right-of-way and that, in the
case of the wood stoves, it was assured that the citizens were protected by having the
Union procure additional insurance, checking with the City's insurers in terms of the
risk, and by an examination of the site to determine that these stoves were, in essence,
adjacent to a telephone pole and the fence, off the road right-of-way and would not be
impeding the City's snow plowing efforts; and advised that, with regard to the above
request which could involve the Motor Vehicle Act and having vehicles moved regularly
and a concern about snow removal by City plows, he would have some difficulty in
coming back to Council with a recommendation that would support the location of
trailers at those sites. Councillor Gould, in expressing concern about the weather and
noting that Council could give the City Manager power to act if everything checks out,
advised that it difficult for him to accept the City Manager's indication that he could not
approve of this request.
Question being taken, the motion was carried with Councillors Gould and
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DECEMER 5, 1994
A. Vincent voting "nay".
On motion of Councillor Knibb
Seconded by Deputy Mayor McAlary
RESOLVED that this meeting be
adjourned and that Council meet in Committee of the Whole.
Question being taken, the motion was carried.
Common Clerk