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1995-09-25_Minutes 85-474 COMMON COUNCIL SEPTEMBER 25, 1995 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of September, AD. 1995, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - 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 Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; L. Graham, Manager of Data Processing; G. Seaman, Land Information Coordinator; D. Sherwood, Chief of Police; G. Tait, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Reverend Lloyd Lake, a retired Anglican minister, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on September 18, 1995, be approved. Question being taken, the motion was carried. 3. Mayor's Remarks Mayor McAlary proclaimed October 1 to be International Day for the Elderly, as proclaimed by the United Nations as part of its 50th Anniversary year, and the week of September 25 to 29 to be United Way Week in the City of Saint John. The Mayor noted that the Saint John Ostomy Association is hosting the Atlantic Provinces Conference at the Saint John Regional Hospital, September 30 and October 1. At the Mayor's invitation, Reverend Lloyd Lake addressed Council on behalf of the Manawagonish Road Tree Preservation Committee with regard to the Committee's entry, together with the City and J. D. Irving Ltd., in a competition in the Canada Green Street Program in which they were awarded $25,000 for their application; and presented to the Mayor the Committee's work term status report with respect to the Saint John Canada Green Street project and a cheque for $3,000 as a contribution towards corporate dedication to extend the benefits of the urban forest of Manawagonish Road. Mayor McAlary extended condolences to the family of the late Mr. Ernest Best, a retired City employee, who passed away on September 19, and to the family of Councillor Vincent on the passing of his aunt, Ruby Vincent. On the matter of air quality monitoring in the City in view of the forthcoming relocation from Saint John to Fredericton of Mr. Stephen Drost of the Environment Department, the Mayor advised that, having spoken to newly-elected MLA Roly Macintyre earlier this date in this regard, Mr. Macintyre will discuss this matter with the Minister of the Environment and so advise. 85-475 COMMON COUNCIL SEPTEMBER 25, 1995 The anticipated September 26 arrival in the Port of Saint John on September 26 of the cruise ship, the Queen Elizabeth 2, was noted, as was the September 23 visit of the cruise ship, the Albatros. 4. Lorneville Water Supply On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from Mayor McAlary advising that one of the commitments that the Fundy Region Solid Waste Commission will offer the residents located near the new landfill site, regardless of where the location may be, will be to replace their water supply should their present supply become contaminated from the regional landfill site, and that the Lorneville residents are requesting that the City of Saint John agree to replace their water supply should their wells become contaminated due to the present landfill, and asking that staff be requested to advise Council on whether it could have a written agreement with the residents of Lorneville that the City would replace their water supply should their present wells become contaminated due to the present Spruce Lake landfill site -- be referred to the City Manager. Question being taken, the motion was carried. 5. Civic Address ProQram Consideration was given to a letter from the City Manager advising that the Civic Address Team would like to provide a short presentation to update Council on the Civic Address Program and introduce the communication campaign for this project - Operation Number For Life. Mr. Seaman, Chief Sherwood and Chief Tait, in turn, addressed Council on the Civic Address Program and the communication campaign to be launched in this regard - Operation Number For Life, the slogan for which is "We can't help you if we can't find you.", in an effort to communicate to all citizens of Saint John the importance of displaying correct civic numbers in a manner which is visible from the street to emergency vehicles, and presented a video to be shown on Fundy Cable Community Channel Cable 10 in this regard. 6. Tender For Personal Computers On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of Interactive Computer Ltd. be accepted for the supply of personal computers, hardware and software, for a period of 6 months, with an option for the City to renew for an additional 6-month term, on the basis of the prices contained in the submitted summary of bids. Question being taken, the motion was carried. 7. Tender For Contract 95-11 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 95-11, Market Place wastewater pumping station, be awarded to the low tenderer, Cardinal Construction Inc., at the tendered price of $2,266,945, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Fitzpatrick withdrew from the meeting. Question being taken, the motion was carried. 85-476 COMMON COUNCIL SEPTEMBER 25, 1995 8. Tender For Contract 95-26 On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, contract 95-26, water, sanitary sewers and storm sewer renewal - Millidge Avenue and Natalie Street, be awarded to the low tenderer, Nautilus Construction and Rentals Ltd., at the tendered price of $673,213.40, 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. 9. Tender For Contract 95-28 On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that as recommended by the City Manager, contract 95-28, McDonald Street storm sewer construction, be awarded to the low tenderer, Nautilus Construction & Rentals Ltd., at the tendered price of $75,813.10, as calculated based upon estimated quantities, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. 10. Establishment ChanQe Consideration was given to a report from the City Manager advising that, as part of the ongoing review of staffing requirements in the Finance Department, it has been determined that, given the current operational demands, it would be more advantageous to reinstate the Group 1 clerical position which was eliminated in the Cashier's Office in early 1994 as part of the Voluntary Separation Program and delete the Group 5 secretarial position which is vacant as a result of the transition to the new 911 service, and that such change will result in an annual saving of $10,382 and ensure that staff resources are deployed in the most effective manner possible; and submitting a recommendation in this regard. On motion of Deputy Mayor Chase Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, a Group 1 Clerk position in the Cashier Section be reinstated and a Group 5 Secretarial position be eliminated from the Finance Department Establishment. Question being taken, the motion was carried. 11. Red Head Soil Erosion Consideration was given to a letter from the City Manager advising that, further to the presentation to Council on September 18 on behalf of residents of Red Head Road, staff would like an opportunity at this meeting to inform Council of the actions which have been taken with regard to the requests to: immediately commence construction of an alternate road; close the Red Head Road to one-lane traffic around the affected area; provide 24-hour security of the private residences; ask the Provincial Emergency Measures Organization to declare an emergency; and immediately seek a tri-party agreement to find a long-term solution. Mr. Totten, in response to the above-mentioned requests, advised that, given that it is staff's position that the road in question directly in front of the affected homes is safe, Mr. Robichaud on September 20 met with Mr. Garry Prosser in the area to review with him the suggestions that were coming forth from the residents and, 85-477 COMMON COUNCIL SEPTEMBER 25, 1995 having revealed to Mr. Prosser the City's plans for an alternative road should it ever be required, Mr. Prosser later confirmed with the City Manager that, in his view, what Mr. Robichaud was suggesting would be the quickest, safest and less costly of all alternatives; and also advised that staff would be concerned about limiting traffic to one lane along that straight-of-way, particularly in the evening hours, as it could pose a traffic problem. With respect to security, Mr. Totten advised that, as this essentially would involve the City securing and protecting private property, he indicated to Mr. Prosser that, if the residents or any group of volunteers would like to provide security for those homes on a 24-hour basis, the City would be prepared to make the EMO trailer available to them on-site; and made the observation that Mr. Robichaud has been in contact with the Provincial Emergency Measures Organization almost daily since the start of this situation and it has been concluded that the situation did not warrant the EMO stepping in and using the powers available to it. Mr. Totten further advised that, on the issue of a tri-party agreement, his discussion with the Mayor last week has led to a letter signed by the Mayor to recently-elected MLAs Mr. Roly Macintyre, Mrs. Jane Barry and others, with respect to seeking their cooperation to find a long-term solution to the problem and the City's interest in working with the other levels of government to find that solution. Mr. Totten expressed the understanding that, earlier this date, the contractor was actually in the process of removing one of the homes from the area, and advised the intent to continue to seek the permission of the owners of the other two properties of concern to take action. 12. Council AQenda - Administrative Issues Consideration was given to a report from the City Manager providing Council with recommendations that will lessen the number of administrative issues appearing on the weekly agenda and thus allow more time for Council to deal with its judicial and legislative responsibilities. On motion of Deputy Mayor Chase Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, (1) the City's Procurement Policy be amended to incorporate the following: (a) the purchases of goods and services in excess of $25,000 must be put out to public tender, the award of which must be approved by Common Council; and (b) the City Manager's Terms of Reference be amended to provide the Manager with authority to approve the acquisition of goods and services up to $25,000, provided all other aspects of the Procurement Policy have been adhered to; (2) staff be instructed to start the process of bringing forth amendments to the City's Zoning By-Law that would enable Council to delegate, to the Building Inspector, authority to approve the amount of security to be provided to the City to ensure the rehabilitation of a gravel pit; and (3) the City's policy regarding the process to be followed in property transactions be amended in such a way as to only require Council's advance approval on land transactions anticipated to exceed $15,000. Councillor Vincent, Chairman of the Council Agenda Review Committee, advised that the Committee will endeavour, within the next three or four Council meetings, to submit its report in open session of Council. Question being taken, the motion was carried. 13. Tender For Ventilation System UpQrade On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Brunswick Refrigeration Ltd., in the amount of $34,466.94 (all taxes included), be accepted for the ventilation system upgrade required at the West Works Garage. (Deputy Mayor Chase withdrew from the meeting.) Question being taken, the motion was carried. 85-478 COMMON COUNCIL SEPTEMBER 25, 1995 14. Old General Hospital Property Read a report from the City Manager advising that, pursuant to Common Council resolution of September 5, 1995, the City of Saint John has acquired good marketable title to the 2.9-hectare parcel of land at 211 Waterloo Street (Saint John General Hospital site), subject only to outstanding real property taxes and the judgment held by McLean Chimney Co. Ltd., and Mr. Justice McLellan, on August 25, 1995, said that he would rule that any judgment for the City for clean-up costs would rank after the McLean Chimney Co. Ltd. demolition account judgment, and subsequent judgment interest and costs, and McLean Chimney Co. Ltd.'s solicitor is prepared to give the City a discharge of the judgment for the amount of $23,000 which will satisfy the judgment, interest and costs; and submitting the following resolution should it be Council's intent to discharge the judgment of McLean Chimney Co. Ltd.: "RESOLVED that the City of Saint John pay to Mclean Chimney Co. Ltd. the sum of $23,000 for a registerable discharge of the judgment held by McLean Chimney Co. Ltd., which judgment is recorded in the Saint John County Registry Office in book 1613 at page 463 as no. 382470.". Councillor Knibb advised his reluctance to move the above-proposed motion at a time when the City is still expecting, from other sources, money to cover what is going to be a considerable expenditure for demolition; and questioned the urgency of paying McLean Chimney Co. Ltd. Mr. Rodgers advised that there is no urgency from the point of view of the law requiring it to be done by a certain date; and explained that, as the property was purchased subject to the two outstanding matters noted and the judgment of the court stated that the McLean judgment was to be satisfied, the recommendation was made to clear up that part of the title and, if Council wishes to not adopt the proposed resolution, McLean Chimney could at any time start a process, through a Sheriff's sale, to recover its judgment, and Council, if it so wishes, can hold off. The Mayor, reading from a letter which she advised was received on July 19, 1995 from Mr. Christopher Stewart of the law firm of Stewart McKelvey Sterling Scales representing McLean Chimney Co. Ltd. in which an amount of $14,466.40 is referenced with respect to the removal of a portion of the chimney attached to the boiler house at the General Hospital site, expressed concern about paying $23,000 compared to the original amount of the account; and asked if the City could go back to Stewart McKelvey Sterling Scales to ask if it could settle on this amount. (Deputy Mayor Chase re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above matter be referred back to staff for a breakdown of costs. Mr. Rodgers advised that there was no negotiation on the above amount in that the judgment from the court ruled that any judgment for the City for cleanup costs would rank after the Mclean Chimney Co. Ltd. demolition account judgment, and subsequent judgment interest and costs, and the pay-out received from the lawyer shows the subject amount. Question being taken, the referral motion was carried. (Councillors Fitzpatrick and Vincent withdrew from the meeting as they were not present for the September 18 public hearings for the proposed re-zoning of 835 Loch Lomond Road, Alcorn Place in Westgate Park, and 639 and 647 Brunswick Drive, and a Zoning By-Law text amendment concerning poster panels.) 15. Zoning By-Law Amendment To Re-Zone 835 Loch Lomond Road On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the by-law entitled, "By-Law Number C.P. 100-383 A Law To Amend The Zoning By-Law Of The City Of 85-479 COMMON COUNCIL SEPTEMBER 25, 1995 Saint John", insofar as it concerns re-zoning a parcel of land located at 835 Loch Lomond Road (a portion of NBGIC Number 313700), having a frontage of approximately 50 feet on Loch Lomond Road and a depth of approximately 215 feet, from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-383 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. 16. Zoning By-Law Amendment To Re-Zone Property In WestQate Park Subdivision On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-384 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning the following property on Acorn Drive (formerly Acorn Place) in Westgate Park: (a) an approximately 1424-square metre (15,328- square foot) portion of NBGIC Number 37929 to a "B-1" Local Business zone; (b) an approximately 1524-square metre (16,405-square foot) portion of NBGIC Number 37929 to an "RM-1" Three-Storey Multiple Residential zone; and (c) an approximately 1.15-hectare (2.84-acre) portion of NBGIC Number 37937 to an "RM-1" Three-Storey Multiple Residential zone, 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 a condition prohibiting the development of any apartment buildings. The by-law entitled, "By-Law Number C.P. 100-384 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. 17. Zoning By-Law Amendment To Re-Zone 639 & 647 Brunswick Drive On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-385 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning two properties at 639 and 647 Brunswick Drive (NBGIC Numbers 12609 and 15719), from "RM-1" Three-Storey Multiple Residential to "B-2" General Business 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 a condition requiring that the use of the addition and properties is limited to a soup kitchen and clothing distribution centre. The by-law entitled, "By-Law Number C.P. 100-385 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. 85-480 COMMON COUNCIL SEPTEMBER 25, 1995 18. Zoning By-Law Text Amendment Re Poster Panels On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the by-law entitled, "By-Law Number C.P. 100-386 A Law To Amend The Zoning By-Law Of The City Of Saint John", by adding the following sub-clause (iv) to Section 840(5): "(iv) notwithstanding sub-clause (i), the face of a poster panel may be increased to a maximum height of 6 metres, provided that the width does not exceed: 4 metres, in the case of a single panel, and 8 metres, in the case of two panels located together as a unit.", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-386 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. (Councillors Fitzpatrick and Vincent re-entered the meeting.) 19. Committee Of The Whole Report Read the 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 September 18, 1995, when there were present Mayor McAlary and Councillors Arthurs, Ball, Brown, Chase, Gould, Knibb, Trites and Waldschutz, and your Committee submits the following recommendations, namely:- 1. That with regard to the letter from Mr. Rodney J. Gillis of the law firm of Gilbert, McGloan, Gillis representing Linda and Joseph Kelly of 1150 Red Head Road and Bonita and Stephen Beyea of 1162 Red Head Road with respect to the subsidence of their properties and the resulting damage to their homes located on Red Head Road; and the letter from Audrey A Sherwood representing Terrance Dwyer of 1180 Red Head Road with regard to the collapse of his land, Mr. Gillis and Ms. Sherwood be advised that the City of Saint John is not interested in the acquisition of the subject properties. September 25, 1995 Saint John, N.B. Respectfully submitted, (sgd.) Shirley McAlary, C h air man. 19.1. Offers To City To Purchase Red Head Road Property On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. 85-481 COMMON COUNCIL SEPTEMBER 25, 1995 20. Minister Of National Health And Welfare Mav 1. 1995 CCO Re Health Care System On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from The Honourable Diane Marleau, Federal Minister of Health, responding to the concerns raised with regard to Federal funding for health care in Common Council resolution of May 1, 1995 respecting the health care system -- be received and filed with appreciation and a copy be forwarded to the Friends of St. Joseph's. Question being taken, the motion was carried. 21. Minister of Municipalities, Culture And Housing 210th Anniversary of Incorporation Of Saint John On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the letter from The Honourable Paul Duffie, Minister of Municipalities, Culture and Housing, submitting a certificate in recognition of the 21 Oth anniversary of the incorporation of the City of Saint John -- be received and filed with appreciation. Question being taken, the motion was carried. 22. Rotary Admiral Beatty Seniors Club - PiQeons In KinQ's Square On motion of Deputy Mayor Chase Seconded by Councillor Ball RESOLVED that the letter from Mr. Wilfred Branscombe, President of the Rotary Admiral Beatty Seniors Club, asking that something be done this year to get the pigeons out of King's Square; and submitting a petition in this regard -- be referred to the City Manager. Question being taken, the motion was carried. 23. Multicultural Association Of Saint John Mav 18th Lovalist Dav Observance Committee On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Sydney Earle, Secretary of the Multicultural Association of Saint John, suggesting that a suitable observance of the City's birthday on May 18 each year would be appropriate and, while the Association has sponsored a small May 18th Observance Day Committee for several years, there should be greater participation and coordination from all sectors of the City; and requesting Council to nominate one or two representatives to the Committee so plans can be commenced -- be referred to the Nominating Committee. Question being taken, the motion was carried. 24. Fundy Soccer Association Use & UpQradinQ Of Facilities On motion of Councillor Knibb Seconded by Councillor Vincent 85-482 COMMON COUNCIL SEPTEMBER 25, 1995 RESOLVED that the letter from Mr. Jim MacDonald, President of the Fundy Soccer Association, advising of the difficulty, with the growth in soccer, to accommodate the numbers wanting to play in that existing fields are being utilized to their limits and the Association is concerned that it will not be able to carry out the full program it would like; and listing areas in which the Association is seeking advice and possible joint involvement with the owners (the City, Municipalities and School Boards) -- be referred to the City Manager. Question being taken, the motion was carried. 25. Glenn Carpenter - Aquatic Centre Expansion On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Glenn Carpenter requesting a response to his previous letter to Council, which was considered on August 28, listing a series of questions with respect to the proposed Aquatic Centre expansion -- be referred to the Saint John Aquatic Centre Commission, along with a copy of Mr. Carpenter's previous letter to Council. With regard to Mr. Carpenter's indication in the above letter that some of his letters to Council in the past have never been answered, the Mayor advised that the Common Clerk researched this and there was a letter in 1983 or 1984 which, while answered, was perhaps not answered to Mr. Carpenter's satisfaction and it is likely that that is the letter to which he is referring; and during discussion Mrs. Munford advised that all correspondence addressed to Council is responded to by her office with a copy of Council's resolution, even if it is a referral, although she does not respond to correspondence addressed to Council members individually, and also that Mr. Carpenter's previous letter to Council on August 28 was responded to by her office. Question being taken, the motion was carried. 26. Residents Of Bon Accord Subdivision Land For Public Purposes In Subdivision On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the petition from residents of Bon Accord Subdivision expressing opposition to the site of the proposed playground on MacNaughton Drive slated as land for public purposes in that, due to its location, this development would create serious problems for residents, especially those directly adjacent to or directly across from it; and asking the City to consider and address their concerns before any development begins -- be referred to the City Manager. Question being taken, the motion was carried. 27. FCM - Request For Resolutions On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that the memorandum from the Federation of Canadian Municipalities requesting resolutions for consideration at the December 1995 meeting of the FCM National Board of Directors -- be referred to the City Manager and to any Council members who may have resolutions for submission. Question being taken, the motion was carried. 28. Speak Easv Inc. Grant Request On motion of Councillor Knibb 85-483 COMMON COUNCIL SEPTEMBER 25, 1995 Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mr. Michael Hughes, Executive Director of Speak Easy Inc., requesting a grant from the City for the maximum financial support available relative to the organization's first national Canadian Stuttering Conference to be held in Saint John from August 15 to 17, 1996 -- be referred to the City Manager. Question being taken, the motion was carried. 29. Wallace P. MacMurray Free-StandinQ SiQns On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the letter from Mr. Wallace P. MacMurray commenting on the matter of free-standing signs in the City, and submitting a newspaper clipping from the Hampton Herald on regulations for such signage -- be referred to the City Manager for a teach-in in this regard. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk