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Minute Book 78 '" 1 At a Common Council, held of June, A.D. 1983, at 7:00 o'clock at the City Hall in the City of Saint John, on Monday, the thirteenth day p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. N. Barfoot, Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Engineering and Works; J. Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; J. Johnson, Building Inspector; K. Galbraith, Administrative Assistant to the Mayor; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. I Reverend John Raymond of the Main Street Baptist Church offered the opening prayer. On motion of Councillor Gould 6th last, be adopted. Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on June Question being taken, the motion was carried. . Her Worship the Mayor referred to the slope failure recently experienced along Fairville Boulevard, which was discussed by Council at its last meeting, and advised that the Provincial Department of Transportati~ will be undertaking the necessary remedial work to prevent further deterioration of this slope, and that a further report will be forthcoming with respect to this situation. The Mayor provided a brief verbal report regarding her attendance at the Federation of Canadian Municipalities meeting in Moncton on June 6th and 7th last, and she expressed the opinion that senior staff from the appropriate departments should review resolutions which are to be considered at such meetings in order to provide adeQuate background information to permit the candidates attending same to make well~prepared presentations thereon. I Her Worship the Mayor noted that Their Royal Highnesses, The Prince and Princess of Wales, will be visiting the City on June 17, 1983, and she encouraged all citizens to be present in the downtown area of the City on that morning to welcome The Royal Couple. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A; the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 73 Duke Street (L.R.I.S. Number 7187), from High Density Residential to District Centre Commercial classification, and (b) to re-zone the same parcel of land from "RM-l" Three Storey Multiple Residential to "B- 2" General Business classification, to permit use of the property for a retail or service business as reQuested by Horizon Holdings Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed amendments. . Consideration was given to a letter from the Planning Advisory Committee recommending that the above property be redesignated in the Municipal Plan from High Density Residential to District Centre Commercial classification, and be re-zoned from "RM-l" Residential to "B-2" Business subject to a resolution of Common Council, pursuant to Section 39 of the Community Planning Act requiring any use, permitted by the "B-2" zone, to be approved specifically by Common Council. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the Municipal Ian By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A,.the Future Land Use Ian of the Municipal Development Plan, to redesignate a parcel of land located at 73 Duke Street (L.R.I.S. umber 7187) from High Density Residential to District Centre Commercial classification, be read a first time. I Mr. Winch, replying to a query of Councillor Gould, advised that a "B-2" General Business District -ncludes a number of both unconditional and conditional uses, unconditional uses including banks, churches, otels, schools, etc., while conditional uses, which would. mean referral to the Planning Advisory Committee for pproval, would include amusement places, motels, private clubs, rooming houses etc., and further that the bove applicant is applying for re-zoning in an attempt to attract a tenant to this building. Councillor Gould ade the observation that re-zonings are usually approved based on what type of facility the owners of properties Ian to accommodate, which Mr. Winch confirmed and noted that, in most cases, the owner has a particular use in ind, however, in this instance, it is possible that the owner is having difficulty attracting a tenant due to he size of the subject building and property. I Question being taken, the motion was carried with Councillor Gould voting "nay". Read a first time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the Municipal Ian By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Ian of the Municipal Development Plan, to redesignate a parcel of land located at 73 Duke Street (L.R.I.S. umber 7187) from High Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". ... "'Il 2 Read a'second time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On motion'of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land located at 73 Duke Street (L.R.LS. Number 7187), from "RM-l" Three Storey Multiple Residential to "B-2" General Business classification, pursuant to a resolution Under Section 39 of the Community Planning Act requiring any use, permitted by the "B-2" zone, to be approved specifically by Common Council, be read a first time. Question being taken, the motion was carried with Councillor, Gould voting "nay". I Read a first time the by-law entitled ' "A Law to Amend the. Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councilllor Knibb Seconded by Councillor Poley RESOLVED that the by-law entitled "A Law to Amend the Zoning By- I Law of the City of Saint Johnaild Amendments Thereto", insofar as it concerns re-zoning a parcel of land located at 73 Duke Street (L.R.LS. Number 7187), from "RM-l" Three Storey Multiple Residential to "B-2" General Business classification, pursuant to a resolution under Section 39 of the Community Planning Act reQuiring any use, permitted by the "B-2" zone, to be approved specifically by Common Council, be read a second time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould . Seconded by Councillor M. vincent RESOLVED regarding the above-proposed amendments be received that the letter from the Planning Advisory Committee and filed. Question being taken, the motion was carried. The Common Clerk advised that the 'necessary advertising was completes with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Develbpment Plan, to reclassify a parcel of land containing approximately 40,000 square feet and being a portion of a larger parcel identified as L.R.I.S. Number 419028, located' off the western side of the Westfield Road behind the property now or formerly occupied by Mr. Albert Levesque, access to the said parcel being by means qf a I 12-foot right-of-way off a 66-foot common right-of-way located north of the United'Church property at South Bay, from Low Density Residential to Light Industrial classification, and (b) to re-zone the same parcel of land from "RF" Rurai to "I-I" Light Industrial classification to permit 'the 'continued use of the property by Maritime Hydroseeding Ltd. for the storage of material and equipment, as requested by Mr. . William Thomson, 'and that no written objections were received in this regard, Consideration was given to a letter from the Planning Advisory Committee recommending that the subject property; which contains approximately 1 acre, be redesignated on Schedule 2-A'of the Municipal Development Plan from Low Density Residential to Light Industrial classification, and be re- zoned from "RF" Rural to "I-I" Light Industrial classification, subject 'to a resolution of Common Council pursuant to Section 39 of the Community Planning.Act limiting the use of the subject site to the storage and maintenance of materials and.equipment associated with a hydroseeding business. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John' and Amendments Thereto", by amending Schedule 2~A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land containing approxi~ mately 40,000 sQuare feet and being a portion of a larger parcel identif~ed as L.R.I.S. Number 419028, located off the ,western side of the Westfield Road behind the property now or formerly occupied by Mr. Albert L:vesque, access to the said parcel being by means of a 12-foot right-of-way off a 66-foot c~mmon rl~ht-of~waYl~cated north of the United Church property at South Bay, from Low Density Residen- tlal to Llght Industrlal classification, be. read a first time. . Question being taken, the motion ~as carried. I of Saint Read a first time the by-law entitled "A, Law, to Am d th M . . 1 P , en e unlclpa Ian By-Law of the City John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Knibb Plan '. RESOLVED that the by-law entitled "A Law to Amend the Munici al L By-Law of the Clty of Salnt John ,and Amendments' Thereto", by amending Schedule 2-A the Futur~ and Use Plan of the Municipal Development Plan, to redesignate a parcel of land contai~ing approxi- lately 40,QoO sQuare feet. and being a portion of a larger parcel,identified as L.R.I.S: Number 419028 ocated off the western slde of the Westfield Road behind the property 'now or formerly occupied b Mr' Ibert L:vesQue, access to the said parcel being by means of a 12-foot right-of-way off a 66-footY . ~~~~h~l~~~~~~~{:i ~~~:tsel.dfl.nCort~h ofbthe Undited Church.property at, South Bay, from Low ,Density Residential a lon, e rea a second tlme. I Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City . of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by-law entitled "A Law to Amend the Zoning .... '" 3 By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land containing approximately 40,000 square feet and being a portion of a larger parcel identified as L.R.I.S. 'Number 419028, located off the western side of the Westfield Road behind the property now or formerly occupied by Mr. Albert LevesQue, access to the said parcel being by means of a 12-foot right-of-way off a 66-foot "" 1 t "II" L' ht common right-of-way located, north of the United Church property at South Bay, from RF Rura 0 - 19 Industrial classification, pursuant to a resolution under Section 39 of the Community Planning Act limiting the use of the subject, site to the storage and maintenance of materials and eQuipment associated with a hydroseeding business, be read a first time. . Question being taken, the motion was carried. I Read a first time, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land containing approximately 40,000 square feet and being a portion of a larger parcel identified as L.R.I.S. Number 419028, located off the western side of the Westfield Road behind the property now or formerly occupied by Mr. Albert LevesQue, access to the said parcel being by means of a 12-foot right-of-way off a 66-foot common right-of-way located' north of the United Church property at South Bay, 'from "RF" Rural to "I-I" Light Industrial classifica'" tion pursuant to a resolution under Section 39 of the Community Planning Act, limiting the use of the subject site to the storage and maintenance of materials and eQuipment associated with a hydroseeding business, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Zoning By-:-Law of, the City of Saint John and Amendments Thereto". . On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to amending the Zoning By-Law by re-zoning a parcel of land located at III Manners Sutton Road (L.R.I.S. Number 048504), from "1l-lA" One Family Residential to "R-2" 'One and, Two Family Residential classification, to permit the building to be used for two dwelling units, as reQuested by Mrs. Anne Levine. I Consideration was given to a letter from the Planning Advisory Committee recommending that the above application for re-zoning be approved. Consideration was also given to a letter from Whelly & Whelly, Solicitors, (copies o~ which were distributed to Council 'members earlier this date) submitting 'a list of residents of the immediate area of Manners Sutton Road in opposition to the above-proposed amendment, and noting that the objections and positions of these persons are set out in their letters already filed with the Planning Advisory Committee. . Mr. Michael Baxter o~ 112 Manners Sutton Road spoke in opposition to the above-proposed amendment and noted that there are 18 residents, which represents approximately 70 to 80 per cent of the dwellings in the immediate area of the subject property, who have signed the above letter of opposition. Mr. Baxter expressed the opinion that this matter is of both an emotional and logical nature, and that ,the Planning Advisory Committee recommends the proposed re-zoning based on a very emotional appeal by Mr. Ellis Levine, on behalf of his mother, Mrs. Anne Levine. Mr. Baxter stated that, although Mr. Levine's gesture is admired by the said residents, it is felt that if Mr. Levine is concerned he should relocate or use his own dwelling. Mr. Baxter also expressed the opinion that it appears strange for a nurse, who is being utilized for a day care centre or to provide day care, to be paying rent to live in the subject dwelling, as it is normally the reverse of this in that the nurse is paid for such services, and he noted that this is not the first occasion that an application to re-zone,the subject property has been made, one having,been submitted in March 1980 by Mr. J. Levine, and subsequently withdrawn. Mr. Baxter also noted that a permit was issued to Mr. Levine for renovations on the subject property, however, a one-bedroom apartment resulted from such renovations without the City's knowledge of same which appears to be in conflict with the zoning regulations. Mr. Baxter described the subject building as being one constructed in ,1979, and he added that there are certain by-laws which provide for older-type buildings to be used for two families, however, the subject building is a relatively new building intended for one family. Mr. Baxter pointed out that many persons have moved into the subject area knowing that it is zoned for one-family dwellings, otherwise they would have moved elsewhere, and that, should the above application for ,re-zoning be approved, a precedent would be set for future re-zonings which are not wanted on Manners Sutton Road. Mr. Baxter concluded that, if Mrs. Levine is in need of care, such care could be obtained elsewhere. Mr. Baxter, 'in reply to a Query of the Mayor, advised that three families from the area concerned are represented at this meeting. Councillor M. Vincent Questioned whether the resi- dents concerned are opposed to the entire area being re-zoned or i~ issue is being taken to this particular application on the basis that, if same is approved, that a precedent would be set, to which Mr. Baxter replied that the residents do not want a precedent to,be set and that they prefer to remain in a "R-lA" zoned area and are opposed to it being changed. I' I . Mr. Ellis Levine appeared before Council on behalf of his mother, Mrs. Anne Levine, the applicant for ,the above-proposed re-zoning, and he noted that that the Planning Advisory Committee is recommending that the subject application be approved. Mr. Levine advised that his mother, who was recently widowed, is in extremely poor health and, in accordance with doctor's orders, requires constant medical attention and super- vision, thereby promoting his action to convert the property concerned into a two-family unit, and for that reason, afld,due to thelack of time, he had little alternative but to proceed witli the renovations and secure an agreement with Dr, John Finley and his wife, who is a registered nurse, to share the house and look after Mrs. Levine. Mr. Levine pointed out that the Finleys share the same key to the dwelling and Use the same entrance, and he distributed photographs of the subject property to Council, and he'noied that the house has the distinct appearance of a single-family home and that no exterior changes were made to the house. Mr. Levine stated that he feels that the traditional arguments against allowing two-family homes in a one-~amily zoned area do not apply in this situation as there are no extra children involved to' burden the school system, traffic would not pose a problem as Manners Sutton Road ends in a cul-de-sac and there is provision for seven off_street parking spaces on the property in question, and devaluation of surr~undingproperty values is not applicable in this case as the subject property is considered to advance not depreciate the value of adjacent ... 4 I:, Ii properties. Mr. Levine referred to the said photographs and noted that there are several two-family dwellings, and one three-family unit; on Manners Sutton Road, and he made reference to the submitted staff report wherein it is indicated'that staff is unable to determine how and when two specific. . properties became two-family dwellings and he advised that he displayed his photograph~ to the B~lldlng Inspector prior to the Planning Advisory Committee meeting two weeks ago and at that tlme, such lnfrac- tions of the Zoning By-Law had not been reported to the City which leads to his question as to why certain individuals 'are objecting to his application on any substantial basis, however, he noted that one such infraction has since been eliminated between this date and the said Planning Advisory Committee. Mr. Levine again referred to the submitted staff report with respect to the matter 'of 'accessory apart- ments and expressed the opinion that the property in Question meets the standards of same, and he made reference to Council's recent resolution reQuesting a staff report, regarding the details of accessory housing, and he concluded by Quoting from the Comprehensive ?ommunity Plan, adoptedbY.Commo~ Council approximately 10 years ago, specifically to section 8 regardlng urban renewal an~ houslng wh~ch refers to the matter of housing supply to meet the demand of all sectors of the populatlon and partlcularly the needs of the aged, and expressed confidence that Council will vote in favour of the Planning Advisory Committee recommendation and the subject application. Mr. Levine, in reply to a query of Councillor M. Vincent regarding the reason for the initial intent indicated in the submitted staff report as being to create a family room in the subject property later changed to the establishment of a one-bedroom apart- ment confirmed that this change occurred because of the situation hereinbefore described, that three, pers~ns will occupy the' said residence, and further that the Finleys have access to the dwelling :,hrough a ,side lower door which is not visible from the street, as well as a door off the street shared wlth Mrs. Levine, access through the garage downstairs, as well as a patio door to the rear of, the building. Councillor Murray questioned if Mr. Levine is suggesting that Council should look favourably upon all 'such re-zonings, when changes have 'been made in the initial plans to which Mr. Levine suggested that Council should judge each individual situation on its own merits, and that, should the application for re-zoning not be approved, he is unable to determine at this time what action he will take with respect to his situation. Mrs. Helen Charters of 28 Manners Sutton Road ,spoke in favour of the above application for re- zoning, and she noted that she had not been approached to sign the petition which, was submitted by area residents. Mrs. Charters also noted 'that, although the City may not be aware of the situation, there is a relatively new home across the street from her residence which contains a basem~nt apartment. Dr. John Finley appeared before Council in favour of the above-proposed re-zoning, and stated that there appears to be a misconception as this particular situation does not represent a day ca~e situation but is one wherein Mr. Levine is attempting to secure some assurance that his mother will be cared for if she experiences a sudden illness at home. Dr. Finley noted that, although he has closed his office, he is still in practice as a doctor and, does consulting work, and as well his wife is in charge of the operating room at the Regional Hospital, and he stated that was approached with respect to taking the subject rental and that this type of situation is a new approach insofar as care of the aged and disabled is concerned with respect to keeping persons out of hospitals and nursing homes, and he commended Mr., Levine for, adopting this attitude with his mother, and suggested that this same approach may have to be adopted on a wider scale particulary in view of the'increases in the 'cost of hospital care. Dr. Finley further suggested that this concept is one that Common Council shoUld be considering as apparently, the Planning Advisory Committee has previously been doing. Her Worship the Mayor concurred with Dr. Finley in his commendation to Mr. Levine respecting the care he wishes to give his ,mother, however, she pointed out that Council must deal with the matter of.'whether- or not there have been, infractions of the Building or Zoning By-Laws and what steps should be taken at this time. Councillor Poley asked Mr. Levine why he obtained'a building permit to construct a family room and subsequently constructed an apartment to which Mr. Levine advised that he changed the lo~er portion of the dwelling to establish an apartment to have the Finleys look after his mother, and he noted that much of the work was performed several years ago by his father and that he merely completed this work. Mr. Winch, replying to Council queries, explained that property owners on Manners Sutton Road are permitted to convert their properties to apartments providing such dwellings were erected before January 1, 1930 as a one or two family dwelling containing ten or'more habitable rooms, assuming all other development standards are met, and that had an application for a building permit for a two- family home had been submitted by Mr. Levine with respect to the subject property it would not have been approved. Councillor M. Vincent Questioned what, .if any; stipulations or conditions could be placed on the subject,property's re-zoning, if approved by Council, to ensure that such re-zoning does not estab- lish a precedent so that the,concerns of those persons opposed to the re-zoning would be eliminated. Mr. Winch suggested that perhaps a condition could be placed on this re-zoning which' states that a two- family dwelling could be permitted with no external changes to the home, including a second principal entran~e, however, it could prove a fragile situation to ,attempt to impose a condition with respect to , who mayor may not occupy a home. The Mayor noted that, although the Planning Advisory Committee is recommending in favour of the above-proposed re-zoning, Planning staff is not in favoUr of same, and she Qu~stioned what would occur should such appliation be refused by Council. Mr. Winch advised that he can only assume that the Building Inspector and appropriate staffwouXd take whatever action is necessary in this regard. Mr. Johnson, in reply to a query'of the Mayor, advised that he had received several calls complaining that a by-law infraction was occurring, however, as 'noted 'in 'the report to the Planning Advisory Committee, such infraction did not take' place until after staff had completed an inspection of the subject premises at which time the appropriate approaches were made to have the situation resolved. Mr. Winch, replying to a Query of Councillor Gould, advised that he would estimate that there are 20 buildings located on Manners Sutton Road from Millidge Avenue to the end of the said street of which four wer:, encountered as being more than one-family units, and that possibly there ?re six ~dditional homes.whlch.could be converted into dwellings larger than one-family units under the said regulations. Mr. Wln?h, ln r:Ply to a Question of Councillor M. Vincent, noted that whether or not a'precedent would be set lf C~unc~l approves the ~bove application is a question only time can answer with respect to future appllcatlons, and he re-lterated that the only condition with which he would feel comfortable i~h.jurisdictional-wise is Section 39 of the Community Planning Act'attaching a condition that no outslde cha~ges could be made to the existing dwelling and he suggested that the City Solicitor could be co~sulted wlth respect to any further restrictions., Mr. Rodgers advised that in view of the manner i hle? the above application is being presented to Council, there is no way Co~cil can proceed under an ectlon 39 at :,his ti~e, and th~t if Mr. ,Winch is not familiar with any conditions which already exist hat ,~he ~lan~lng Advl~ory Commlttee can place 'on a straight re-zoning, then what Council is faced with t thls tlme lS a stralght re-zoning from one zone to another zone and whatever is permitted therein. On motion of Councillor Knibb ~ . I I . I . I I Seconded by Councillor Gould . .', RESOLVED that ~he by"-law entitled "A Law to Amend the Zoning By_ . Law of the Clty Of,Salnt John and Amendments Thereto , insofar as it concerns re-zoning a parcel of land located at III Manners Sutton Road (L.R. LS. Number 048504) from "R-lA" One Family ResidentiaLto "R-2" One and Two Family Residential classification, be read a first time. ~ ~ 5 . Councillor Schermerhorn expressed concern that the subject apartment was constructed without a proper permit which is something the City ,should not condone, and he noted that there are eighteen persons against the above-proposed re-zoning and, referring to the submitted staff report wherein it is stated that to permit a two-family dwelling when others around are restricted to one-family occupancy would bestow a benefit on the owner of that property at a cost to the othe~s and that if re-zoning is to be considered it should include all lots on the street only with the consent of a large majority of homeowners thereon, stated that he cannot support the above application for re-zoning. Councillor Poley advised that he would feel more comfortable with the situation if the entire street consisted of all one-family dwellings. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Murray, Poley, Schermerhorn, A. Vincent and M. Vincent voting "nay". I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the ~orrespondence from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was, carried. I The Common Clerk advised that the necessary advertising was completed with respect to amending the Zoning By-Law by re-zoning the property at 549 Millidge Avenue (L.R.I.S. Number 041558) from "R-IB" One Family Residential to "IL-l" Neighbourhood Institutional classification, to permit the entire building to be used for daycare asa principal use without the necessity of a residence being maintained, as 'reQuested by Wonderland Day Care & Play School Ltd., and that no written objections were received in this regard. No persons were present with respect to the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that the above property be re-zoned from "R-IB" One Family Residential to "IL-l" Neighbourhood Institutional classification. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn , RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property at 549 Millidge Avenue (L.R.I.S. Number 041558) from "R-IB" One Family Residential to "IL-l" Neighbourhood Institutional classification, be read a, first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments 'Thereto". On motion of Councillor Knibb I' Seconded by Councillor Gould RESOLVED that the by-Law entitled "A Law to Amend the Zoning By-Law of, the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning property at 549 Millidge Avenue (L.R.I.S. Number 041558) from "R-IB" One Family Residential to "IL-l" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the'Zoning By_Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. . Question being taken,' the motion was carried. (Councillor Gould withdrew from the ~eeting.) The Common Clerk advised that the necessary advertising was completed regarding the proposed closing of a portion of First Avenue, and that no written objections were received in this regard. No person was present to, speak either against or in favour of , the proposed street closing. I On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the by-law entitled "A By-Law to 'Amend A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with respect to closing a portion ,of First Avenue, be read a first time. Question being taken, the motion was carried. 1 Read a first time the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John"'with respect to closing a portion of First Avenue, be read a second time. Question being taken, the motion was carried. . Read a second time the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in The City of Saint John". ... 6 The Common Clerk advised that the necessary advertising was completed regarding the proposed closing of a portion of Katie Drive, 'and that one letter, that being from McKelvey, Macaulay, Machum, Solicitors, was received in this reg~d. No person was present to speak either against or in favour of the proposed street closing. , Consideration was given to a letter from, McKelvey, Macaulay, Machum, Solicitors, advising that they represent the Bank ~f Nova, Scotia, t~e cestui que trust of land owned byA. J. Callaghan and, Associates Ltd. containing approximately 8 acres and lying directly behind the Kilkenny Court Subdivision , through which Katie Drive is located;, further advising that that it is their position that A. J. Callaghan and Associates Ltd. has a right to use Katie Drive as a public street and as a sole means of access to its property, and noting that on the Subdivision Plan of Kilkenny Court Subdivision that this ,street ends in a temporary turnaround on land owned by the City of Saint John "for public purposes". The letter states that, in addition to a right of access over Katie Drive, A. J. Callaghan and Associates Ltd. has an easement to its property located directly behind the land for ,public purpose, and points out that, as the said, Company created Kilkenny Court Subdivision in 1975, to 'deny it access'to the balance of the property located behind the land for public purpose would lead to ,the conclusion that the City approved a subdivision plan with the direct intent of land-locking the balance of the property. The letter also advises that A. J. Callaghan and Associates Ltd. has ,this, property sold under an Agreement of Purchase and Sale which called for' this right-of-way to be established and, should this street be ,closed, in all probability this Agreement ,will not gothroug~ with ,the damages being easily measured in monetary terms. The letter states that, should the City see fit to. continue with closing the subject street, the post~on would be taken that as, Katie Drive was never declared'on the, approved subdivision plan as being a public street, that it ,is a private street and the fee simple absolute to it is owned by A, J. Callaghan ,and Associates Ltd. subject only.to a right-of-way of,theowners of the various lots in thfu subdivision to pass over it. Councillor Kn~bb requested 'the City Solicitor's oplnlon with respect to whether or not the above-named company's ciaim, that should Council approve the proposed street closing it would be doing an injustice to this company, is valid. Councillor Flewwelling expressed the opinion that, as the property in question is owned by'the City, there should be no reason to delay consideration of this proposed street closing, however, Councillor Knibb questioned whether or not the property is, in fact, City property considering that the Kilkenny Court Subdivision, is no longer in existence and the land which was set as~de therein for a highway, in his opinion, would revert to the owner. Mr. Rodgers expressed the opinion that the initial position of the City is certainly that Katie Drive in a street, and that 'is why it is before 'Council at this time as a publicly advertised hearing in order to close it, which means that objections can be filed, such as the above, letter from the solicitors concerned. Mr. Rodgers advised that this letter has been preliminarily examined by his Department, and he reQuested one week to complete its investigation of same at which. time a written report will be submitted to Council. On ,motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the above matter ,be laid on the table for one week. Question being taken, the tabling motion was'carried.' (Counc i'llor Gould re-entered the' meeting ,,.) Mr. J. Douglas Devine addressed Council regarding a proposal for the implementation of direct Via rail service linking Central Canada and the Maritime Provinces, which was prepared by the Coalition for Improved Rail Passenger Service. Mr. Devine referred to this proposal (copies of which were previously forwarded to Council members) which includes information regarding the economics and rationale with respect to this proposal, changes made in Via Rail service since the 1981 cutbacks in 'same,as well as proposed schedules and maps of present and proposed rail service be~ween the areas concerned. Mr~ Devine advis~d that the Coalition is of the opinion that it is now in order for theCCity of Saint John to 'receive greatly-improved Via Rail service as in recent months Via Rail has had a reorganization of management, including the appointment of a new President, and the company has responded to public demand by the institution on May 29th last of a second east-bound train running on the roundabout route from Montreal through Campbell ton, however, the situation now exists where a duplication of 'service on the roundabout route is provided with no through" service on the direct route via Southern New Brunswick, and he stated that are-routing of part of the duplicated service onto the direct route would place every major Maritime centre closer to Central Canada, with Saint John being' 266 miles closer than the present roundabout route. Mr. Devine suggested that the decision makers concerned must be clearly informed that this cost effective solution to public transportation problems in our region is still a high priority and the Coalition is in existence to help this happen, ,and he further stated that both the travelling public and the Coalition reQuires the assistance of Common Council in relaying the message of the desire to re-route some of the duplicated'service through this area, and he suggested that, if Common Council supports the efforts of the Coalition in this manner, along with Councils in other municipalities, it should motivate other persons in the community to also support this effort. Mr. Devine expressed optimism that the City will be on the mainstream of transportation prior to the 1985 Canada Summer Games if persons work together to accomplish same. Mr. Devine, in.reply to a Query of the Mayor, advised that the initial mailing of the above proposal, which has taken place during the'past three days; has been to virtually 'every City and town council between Moncton, N. B., and Sherbrooke, Quebec, and that a similar brief has been directed specifically to Via Rail and it is the intent to forward this proposal to the Federal Government, and as well direct meetings are being arranged between the Coalition members and the Member of Parliament for the City and with other Members of Parliament in the local area. The Mayor stated that it is her intent to call upon the Unity Committee to make a presentation to the Federal Government in the near future pertaining to the concerns of the City, and that this matter could be discussed at that time. A brief discussion ensued during which ,time the Coalition was commended for its presentation and the manner of a unified approach to the appropriate government officials was suggested'as the way to handle this matter with a proposal including other suggested information. Mr. Devine, replying to Queries of Councillor M. Vincent, elaborated on the avoidable costs formula insofar as Via Rail subsidies are concerned. In response to a question of ' Councillor A. Vincent, Mr. Devine advised that he is unaware of plans for a new station in the City whereupon Councillor A. Vincent suggested'he contact the City Manager in this regard. Mr. Barfoot advised that a scheme wa? prepared involving a parking structure, Via Rail station, and other ,improvements in the area of the railway properties, which would 'certainly be very timely should the new improved Via service come through the City. The, Mayor thanked Mr. Devine for his presentation and advised that Council will render a decision regarding this matter later in the meeting. "'"Il . I I . I . I I . .... 0:: 7 Messrs. Michael Donovan and 'Colin Haines, representing students of the Environmental Law Course at the University of New Brunswick - Saint John Campus, addressed Council with respect to 'proposals for the control of dog fouling on sidewalks and the prohibition of smoking in public places, respectively. . Mr. Donovan suggested that a separate environmental control by-law, rather than inclusion in a general dog by-law and licensing by-law, should be enacted to control dog fouling in public areas and private property, and expressed the opinion that there would be no problem to enforce such a by-law based on studies 'which indicate that most persons are law abiding and most pet owners are responsible people. Mr. Donovan stated that citizens have a right to live in a clean environment, and suggested that, in view of the improvements made in the City especially in the downtown area, that a by-law controlling dog fouling is necessary to keep, the City attractive, especially to tourists, and he referred Council to the previously~submitted proposal wherein it is requested that Common Council consider enacting such a by-law. I Councillor Knibb re-iterated his opinion that, rather than enact additional by-laws, the public must be educated with regard to the control of litter and the above matter. Mr. Donovan, replying to a Query of the Mayor, advised that he is uncertain who is responsible for enforcing the by-laws in existence in other Canadian cities with regard to dog fouling. The Mayor stated that she would like information with respect to the costs associated and the method of enforcement of such a by-law, and Councillor Murray requested information 'regarding the number of prosecutions or convictions under such a by-law in each of the cities concerned in order to determine the success of enforcing such a by-law. Mr. Donovan advised that he would attempt to provide the requested information to Council. I Mr. Colin Haines addressed Council, regarding the enactment of a by-law to prohibit smoking in public places, and he highlighted the contents of the previously-submitted proposal, and he noted that it is 'not the objective to eliminate smoking completely in public places, but that the desire is to have areas set aside for non smokers. Her Worship the Mayor thanked Messrs. Donovan and Haines for their presentations, and, advised that Council will render a decision later in the meeting. On motion of Councillor Schermerhorn . 'Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne recommending that Common Council establish a policy reQuiring all invoices for travel expenses incurred by employees and Council ' members to be submitted to the Finance Department within thirty days from the date of return to the City -- be received and filed and the recommendation adopted. I The Mayor, in response to a Query of Councillor A. Vincent, advised that the above proposal will not interfere with travel advances being obtained, and she explained that there have been occasions when Council members have not submitted their invoices for periods at times in excess ,of two or three months which has created difficulty for the Finance Department, and further that the thirty-day period was chosen as it is considered a fair length of time ,for expense statements to be filed. Mr. Rodgers, replying to a Query qf Councillor Gould, advised that the above proposal can be adopted in the above manner or incorporated into the by-law pertaining to same. Councillor Gould suggested that inclusion of this proposal in the by-law would be more effective than a policy decision, whereupon the Mayor suggested that Council attempt to resolve the matter in the above manner. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne advising that the President of Local 18 contacted her sometime ago with regard to a job training programme for employees of the said Union at,which time she spoke with the City Manager to look into the feasibility of such a programme. The letter further advises that the intent is to allow permanent employees of Local IS, who have a good work record, an opportunity to be trained for heavy eQuipment operators and/or any other type of work which falls within their bargaining unit, and states that she has been advised that arrangements would be made whereby such training could take place on Saturdays at no cost to the City for salaries for employees undertaking such training. . Mayor Wayne advised that both the City Manager and Mr. P. Groody of the Works Department concur that the above programme is an excellent idea, and she expressed the opinion that the adoption of same will likely improve the City's relationship with Local 18 as well as give the Local's members the desire to improve and upgrade themselves. On motion of Councillor Knibb a report and recommendation to CoUncil. Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Manager for I Mr. Barfoot, replying to a Query of Councillor Gould with regard to who will provide the training for such a programme, advised that in the past co-operation has been given the City through the New Brunswick Community College, Saint John Campus, however, there could be a problem in this instance as in the very near future, the particular course concerned will be transferred to a college in another area of the Province. The Mayor suggested that the Unity Committee and Council should be directing their efforts toward the matter of this transfer of the heavy duty equipment course to Chatham, N. B., considering that Saint John is the industrial centre of the Province, and should contact the appropriate elected Provincial officials in this regard. Councillor Gould Questioned what costs are associated with respect to the instructors to give such a course, and he suggested that this matter be addressed in the anticipated report from the City Manager. Councillor A. Vincent suggested that the appropriate Provincial officials should be contacted with respect to the provision of on-the-job manpower training programmes, and he further suggested that the other civic unions should not be excluded from such upgrading programmes. The Mayo~ requested the City Manager to consider Councillor A. Vincent's suggestions in his report to Council. I Question being taken, the motion ,was carried. On ,motion of Councillor M. Vincent . Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne noting that, as Council has agreed to the establishment of Council Committees and most Councillors have expressed their preference regarding on which committees they prefer to serve, the following committees, which satisfy the conditions as outlined, have been created:- (1) Community Planning and Development - Councillors A. Vincent, Chairman; Murray, Vice-Chairman, Knibb and Flewwelling; (2) Finance - Councillors Gould, Chairman; Poley, Vice-Chairman; Davis and Murray; (3) Personnel - Councillor M. Vincent, Chairman; Flewwelling, Vice-Chairman; Gould and Schermerhorn; (4) Protection - Councillors Knibb, Chairman; Vaughan, Vice-Chairman; M. Vincent and Poley; and (5) Engineering and Works - Deputy Mayor Davis, Chairman; Councillors Schermerhorn, Vice-Chairman; A. Vincent and Vaughan; advising that, as soon as a final schedule respecting meeting times and dates, and an Executive Committee agenda, is prepared, the system will commence operation; and states 'that this interrere with the City, Manager .p.p t b .p th "' .,orm 0, governmen ecause 0, e ...l!)attix" ~:r~tem proposal should not of 1l)embe:J;"~h~p "end that ... I ~ 8 it should provide Councillors with much more information thereby producing ,better goVernment received and the contents therein be'accepted and implemented. be Question being taken, the motion was carried. Read a letter from Councillor A. Vincent reQuesting an explanatio~ of the legal liability of the Nomina, ting Committee, report being considered by Council in Committee of the Whole,?nJun: 6:h,las:; . . f ' d r policy' stat~ng hlS lntentlon further reQuesting the Mayor to keep her electlon promlse 0 an open- 00., " not to attend Committee of the Whole sessions of Council, and further statlng,that, accordlng to legal. advice he has obtained, there is no legal liability to the City of Saint John' to discuss such reports ln 'Committee of the Whole. . Ii. , " Councillor A. Vincent' stated that he was somewhat shocked to find that not only had the Nomin- I ating Committee met in closed session but that it appointed 16 committees with every other, Council ' " member, with the exception of him, having been appointed to a committee. Mayor Wayne read from a prepared statement in which it is suggested that, although the above letter was addressed to the Mayor and Council, it was obviously meant for the Mayor alone, and stating that there is nothing inconsistent between her 'election promises and the discussion of personalities in private as she made it very clear ,that matters of this nature ,would be handled in this manner. The Mayor stated that she does not, feel that citizens who are being reQuested to serve on City committees should be subjected to possible embarrassment by having their names discussed in open session of Council, I therefore an opportunity is given Council to provide input in this regard; .and'she also stated that she does not tell the Nominating Committee who to place on the various committees. The Mayor explained the proper procedure for Council to follow with respect to the submission of pe;sonsi names as possible committee appointments, and she advised that the reason for Councillor A. Vincent not being appointed to any of the 16 mentioned committees is that his workload was reviewed with respect to committees and it was found that he, under the 'former administration, was' appointed ,to more committees than ~ther Councillor, and in this instance an attempt was made to divide th~ Committee work more evenly, and she added that with the addition of the above committees, he is currently serving on'll committees which she considers a sufficient workload, if not more, for anyone Councillor to handle, and"slie~listed the various committees on which he sits, stating that the omission of his name from the said 16 committees was not intended to sligh~ him. . Councillo~ A. V~ncentQuestioned when the Mayor submitted her above letter regarding ... Coun~ll.commlttees for lncluslon on the agenda and suggested that his letter may have 'expedited the submlsslon of same whereupon the May~r stated that this was not the case. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the above letter from Councillor A. Vincent be received and filed. :1" Question being taken, the motion was carried.' On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED granted for payment of the following invoices, Steele's Trucking Limited - gravel supplied Stephen Paving (1982) Limited- asphalt supplied Grove Construction Limited - gravel s~ppl~ed that as recommended by ,the City Manager, authority be namely: -, May 16-:31, 1983, June 2-8, 1983 May 16-27, 1983 I $ 4,144.00 28,757.34 $ 4,862.70. .Question being taken, the motion was carried.- On motion of .Councillor Gould Seconded by Councillor Murray RESOLVED that as recommended by ,the City Manager, authority be granted for payment of the account of Palmer, O'Connell, Leger, Turnbull & Turnbull, in the amount of $1,052.00, for professional services rendered in connection with the expropriation of the following . properties which were reQuired for the North End Urban Renewal Scheme:- 9 Water Street (F-5-1-24), 75 Dock Street (F-6-19-28), 9 North Market Wharf (t-6-19-19), and 22-24 Nelson Street (F-6-19-24) _ Irving Oil Co. Ltd. interests; and 75 Dock Street (L-6-19-28) - Mr. Al Legere, the approval of the partnership for payment of this amount having been received. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender of William P. Dowd and Sons Ltd., in the amount of $19,500.00, be accepted for the supply and installation of lockers in the Police Department. I (Councillor M. Vincent withdrew from the meeting. ) Chief Ross, replying to a query of Councillor Flewwelling, advised that the wooden-type lockers, which are in the basement area of the City Hall building'are inadeQuate for the purpose of storing seizes of alcoholic beverages, 'and he noted that the above type of lockers were recommended in I the recent Police study and are to be incorporated into the new centralized property room which will afford the Police Department better control and continuity as it relates to court exhibits. Councillor Poley noted that of the twelve compan~es'which took out tender documents of the above lockers, only one tender was submitted and he questioned whether the specifications were specalized in some manner. Chief Ross expressed the understanding that the above-named company is the only one which could tender on same due to the type of lockers involved. Question being taken, the motion was carried. . .... .. 9 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for electrical work, City Market building, be awarded to the low bidder, Marque Construction Ltd., in the amount of $99,907.00. I Mr. Barfoot, in reply to a Query of the Mayor, advised that he is uncertain as to the exact date that the plywood on the front and bottom half of the City Market building will be, removed, however, he stated that staff is aware of the problems being experienced by businesses in the Market because of this and the work is being done as Quickly as possible. Upon being a~vised by Councillor Schermerhorn that it is his understanding from the City Manager that the plywood in Question will be removed the first week ,of July, the Mayor suggested that Mr. Barfoot should contact the business concerns in the Market who were advised that this would be completed by June 16, 1983. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the contract for the City Road sewer project be awarded to the low tenderer, Que-Mar Construction (Maritimes) Limited, in the amount of $78,950.00, and further that the Mayor and Common Clerk be authorized to execute the necessary ,contract documents. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for the Rothesay Avenue 36" watermain and sewer construction project be awarded to the low tenderer, Que-Mar Construction (Maritimes) Limited, in the amount of $715,231.00, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. >;:, On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding a proposed agreement with Ducks Unlimited with respect to inundating a portion of City-owned land in the Red Head marsh, which was tabled at Council's last meeting pending further clarification on the question of indemnity and the purposes for which Ducks Unlimited is flooding the area, ,providing information regarding the said Company; advising that ,it is its intent to construct a dam in the subject area so that the water level in back of the dam is maintained at a constant level of elevation 14, and by building such a dam, approximately 2 feet of water will be maintained in the channels of'the marsh which will not only provide a breeding habitat for waterfowl, but will make the marsh accessible for recreational canoeing, bird watching, etc, and thus provide a multiple use for this area; stating that the construction of the dam will not change the status of the area as far as hunting is concerned as the same laws and regulations will apply, and further states that with respect to the indemnity Question, the proposal in the letter submitted by the City Solicitor at Council's last meeting was reviewed and appears to be satisfactory and that Ducks Unlimited has used the standard term of 21 years with annual, automatic renewals across Canada, and for over 40 years, this company has given rise to many benefits which appear to have worked well for ,all parties concerned; also advising that Mr. Jeffrey Harding of the said Company will be present in the Council Chamber to answer any further Questions Council may have, and recommending that the amended agreement which was tabled at Council's meeting of June 6th last, be taken from the table and authorized for execution -- bee received and filed and the recommendation adopted. (Councillor M. Vincent re-entered the meeting.) . Her Worship the Mayor expressed concern with respect to the many complaints received from residents of the above area regarding persons hunting in same, and she suggested that the Province should be approached with regard to having this ,area designated as a game refuge, and she Questioned Mr. Harding if his company would have any objection to Council taking such action. Mr. Harding replied in the negative, and advised that his company usually attempts to remain apart from any controversy regarding this matter, which he noted is under the jurisdiction of the Provincial Department of Natural Resources.' Mr. Harding also noted that the City, the Irving interests, and the Province, as owners of the Red Head marsh, have the right to use same for whatever is wished and that his company is 'interested only in developing the marsh to improve it for waterfowl. Mr. Harding, replying to a Query of Councillor Poley, advised that the dam itself will not be located on City land. In response to a question of Councillor Poley, Mr. Rodgers expressed the opinion that the reQuest made with respect to an indemnification proposal and what was negotiated following same are satisfactory from a legal point view. Mr. MacKinnon, replying to a question of Councillor M. Vincent, advised that Mr. S. Armstrong was in attendance at the meeting held with regard to this matter and he is of the understanding that the above proposal is acceptable to the Engineering Department. I Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Vaughan RESOLVED that the Provincial Department of Natural Resources be requested to consider designating the Red'Head marsh area as a game refuge. ,Question being taken, the motion was carried. . Consideration was given to a joint report from the City Manager, Commissioner of Engineering and Works, and Traffic Engineer regarding traffic signs on 'Donaldson Street, which was considered by Council at its last meeting, advising that the placement of stop signs on Donaldson Street at Reed 'Street would be a misuse of a traffic control device and is against every nationally recognized warrant for the proper use of a stop sign as every study undertaken prior to and following the installation of three-way stop signs has provided evidence that the unwarranted ,residential traffic control does not reduce speeds or increase safety and also has the disadvantage of increasing delay and fuel consumption and encouraging motorist disrespect for traffic control devices. The letter submits a copy of a traffic information program produced by the Institute of Transportation Engineers related'to this subject, and states that staff has consistently recommended against three-way stop signs, however, as it is also recognized that such a sign may satisfy the needs in this particular location, Council may wish to consdier a three-way stop sign for a trial period at the location of Donaldson and Reed Streets. ... - ---... 10 A motion was proposed by Councillor Knibb and seconded by' Councillor Poley that the above recommendation be adopted, however, when Councillor Knibb clarified that his proposed motion was that a three-way stop sign not be erected at the subject'location, Councillor Poley withdrew as seconder. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that a three-way stop sign not be erected at the intersection of Donaldson and Reed Streets., Question being taken, the motion was carried'with Councillors Flewwelling, Poley, Vaughan and A. Vincent voting "nay". On motion of Councillor Knibb I, Seconded by Councillor Schermerhorn RESOLVED that the joint letter from the City Manager and ,Director of Recreation arid Parks regarding the tot lot on Mecklenburg Street, advising that problems have been experienced with playgrounds located in close proximity to dwellings, such as trespassing, daily garbage accumulation, noise, vandalism, etc: and that as a'result of the most recent damage to one of the property owners on which the subject tot lot abuts, the submitted petition to have the playground removed has resulted, and recommending that this playground be closed immediately, that the eQuipment be relocated,ithat the lot be completely fenced and "no trespassing" signs he erected, and..that steps be taken to put the property up for sale -- be received and filed and the r'ecommendation adopted. I Mr. Nicolle, in response to a Query of Councillor A. Vincent, confirmed that the above tot lot was constructed under the Neighbourhood Improvement Program. A brief discussion ensued regarding whether or not the Federal funding would have to be returned following, sale of the subject property, arid Mr. Barfoot advised that this matter will certainly be investigated upon Council's directive to ,dispose of the property to determine what problems might 'be encountered with respect to the said program. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by, Councillor Gould RESOLVED that as recommended by the 'City Manager, the Mayor and Common Clerk be authorized to execute the contract for the NEED project with respect to The Royal Visit and Tattoo 200, the permissible contribution at this time being $66,248.00. ,Mr. Barfoot, replying to queries'of Councillor Flewwelling, advised that it is his under- standing that the City of Saint John'will fund the $6,280.00 indicated under the section "funds from other sources", and that the work project involved is associated with the erection and dismantling of bleacher seats as well as other work, of which Council will be advised, to make use of the timeframe under this program to keep the persons employed: Question being taken, t?e motion was carried: I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the' City Manager providing information on the cost associated with the rentals in the Brodie building in connection with the Police Department Youth Division's move to the second floor of this building, and suggesting that the proposed rentals may need further review depending on the market conditions -- be received and filed. Councillor Gould suggested that the matter of lost revenue should be considered in all in- stances of the above nature when they' are being considered by the City Manager for subseQuent recommenda- tion to Council. Mr. Barfoot, in reply to query of Councillor Poley, advised that he will supply infor- mation with respect to other City departments which are located elsewhere than City Hall. Councillor A: V~ncent noted tpat the tenants of the Ritchie building were to be offered premises in the Brodie building, . however, Mr. Barfoot advised that the City has as yet been unable' to attract these tenants to the latter building. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewweliing RESOLVED that the letter from the City Manager submitting report from the Chief of Police regarding the use of firearms, by police --,be received and copy be forwarded to the Saint John Chapter of the Civil Liberties Association. I a copy of a filed and a Question being taken, the mo~ion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the joint report from the City Manager, Commissioner of Engineering and Works, and Deputy Commissioner of Works, which is a follow-up to that submitted to Council at its meeting of May 2nd last, regarding the woodlands operation, providing updated information related to the three 'different activities associated with this operation as follows:- (1) lake shore ,clearing around Spruce Lake; (2) cutting of hardwood, Loch Lomond woodlots; ,and (3) cutting and splitting hardwood, Howes Lake -- be received and filed. I Dis~ussion ensued during which time Councillor Flewwelling advised that, according to his , calculations, 'the woodcutting operation represents a cost to the City of approximately $123.00 per cord and it is being sold for $95.00 a cord. 'Mr: MacKinnon explained that the $95.00 is the 1982 selling price of the wood and that a price for th~ 1983 wood has yet to be determined. Her Worship the Mayor referred to the indication in the above report that a problem arises from the fact that due to inadeQuate training in the preparation of time (activity) sheets incorrect charging of equipment and materials occur too often whereupon Mr. MacCinnon explained the ,problems associated wlth the proper coding of the daily activities as each activity is not adeQuately covered in order to cost out 'each item concerned, however, approximately two dozen items have now been isolated that should 'be added'to the activity sheets in order to ,break down each activity under the general category, and he advised that the existing problems are in th~.process o~ being corrected. Discussion continued regarding the nature of the problem, the method . ~ ... .'7". 11 . to correct sa.me, and the expected changes which will result. Deputy Mayor Davis pointed out that the main reason for wood being cut in the watershed area, is to protect the City's water supply and to attempt to determine costs associated with a cord of hardwood when it is being cut in this manner is unfair, and he suggested that at the end of the year, the amount of expenditure rel~ted to the cleaning of the watershed area should be deducted from the amount of funds received from",the sale of wood in order to cost this project. Councillor Murray suggest- ed that Council be provided a teach-in with respect to the woodland operation. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law respecting Smythe Street, which was given first reading at Council's meeting of June 6th last, and advising that second and third readings are now in order. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in The City of Saint John Made the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", with respect to Smythe Street, be read a second time. Question being taken, the motion was carried. I Read a second time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in The City of Saint John Made Under 'the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Flewwelling ESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in The City of Saint John Made Under the Authority of The Motor Vehicle Act; 1973, and Amendments Thereto", with respect to Smythe Street, be read a,third"time and enacted and the Corporate Common Seal be affixed thereto. . Question being taken, the motion was carried. The by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in The City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. Read a letter from 'the City Solicitor submitting a proposed amendment to the Parking Meter By-Law with respect Peters Wharf, which was given first and second readings at Council's meeting of June 6th last, advising that third reading is now in order. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law entitled "A By-Law to Provice for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge, and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances", with respect to Peters Wharf, be'read a third time and enacted ,and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. The,by-law entitled "A By-Law To Provide for the Reservation of Certain Streets or Portions Thereof for Parking Purposes and to Charge and Collect a Fee for the Use or Occupation of the Same by Means of Mechanical Appliances",was read in its entirety prior to adoption of the above resolution. Read a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law with respect to Peters Wharf, which was given first and, second readings at Council's meeting of June 6th last, advising that third reading is now in order. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled "A'By-Law To Amend A By-Law Respecting Traffic On Streets in The City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", with respect to Peters Wharf, be read a third time and enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. I The by-law entitled "A By-Law to Amend A By-Law Respecting Traffic On Streets in The City of Saint John,Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto",was read in its entirety prior to adoption of the above resolution. On motion of Councillor M. Vincent I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Solicitor submitting an outline of the procedural steps which he feels Council is interested in adopting with respect to land aCQuisition and disposal, advising that this outline has been given to the City Manager so that he'may develop a detailed policy which he considers necessary, such policy to be considered by Council,' and noting that expropriation powers are given to government for the purpose of allowing government to carry out its duties and acquire land at a fair and reasonable price -- be received and adopted, and referred to the City Manager for completion of the details regarding same. Question being taken, the motion was carried. Read report of the Commitee of the Whole (as follows) . To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports ... ..... 12 Your Committee begs leave to report that it sat on June 6, 1983 when there were present Deputy Mayor Davis and Councillors Fiewwelling, Gould, Knibb,Murray, Po~ey, Schermerhorn, Vaughan and M. Vinc~nt, and your Committee submi~s the fol~owing recommendations,.namely:- 1. That with regard to the request ,of the Saint John. Branch of the New Brunswick 'Registered Music Teachers' Association to sponsor a C1V1C luncheon on the 'occasion of a major Bi-Capitol benefit concert of performing artists in September 1983, the Association be advised that funds will be provided privately for this luncheon. . ,2. That with regard to the, request ,for financfai assistance for a national seminar of the Canadian Society for Industrial Security to be held in Saint John from J~ne 12th to 15th, 1983, a grant of $750.00 be approved. , . 3. That with regard to the request of the Saint John Cycling Club for the City to sponsor a banQuet on July 31st, 1983 during the Atlantic Bicentennial Cycling Championships, a grant in the ,amount of $1,000.00 be approved. I 4. That as recommended py the Nominating Committee, Messrs. J. Esmonde Barry and Andy Angelopoulos, and Councillor Dennis Knibb be appointed to the Central Business Development Corporation for a term of three years. 5. That as recommended by the Nominating Committee, Deputy Mayor Samuel Davis be appointed to the Board of Trustees of the Civic Employees' Pens~on Plan, for the unexpired term of former Councillor Green. I 6. That as recommended by the Nominating Committee, the following appointments be made to the Council Procedure Committee, to review the present by-law regarding Council procedure, and to submit recommenda- tions to Council: ,Councillor Ralph D. Poley, Chairman, Councillor M. A. Vincent and 'Councillor Edis A. Flewwelling. 9. That as recommended by the Nominating Committee, Cpuncillor Kenneth Gould be appointed Chairman of the Master Plumbers Examining Board, for a term to expire December 31, 1983. 10. That as ,recommended by the Nominating Committee, 'Paulette Garnett be appointed to the Planning Advisory 1985. Mr. Edward Bates, Mr. Peter Fenwick and Miss Committee for a term to expire December 31, 11. That as recommended by the Nominating Committee, Mr. Brian Mosher be appointed to the Power Commission for a term to expire February 15, 1986. 12. That as recommended by the Nominating Committee, Mrs. Carolyne Smith and Mr. ,Martin D. Fineberg be I appointed to the Preservation,Review Board for a term of three years. 13. John That as recommended by the Nominating Committee, Mr. G. Forbes Elliot Fundy Region Development Commission for a ,term to expire December 31, be appointed to the Saint 1983. 14. That as recommended by the Nominating Committee, Councillor Marlene A. Vaughan be appointed as a liaison member, Of the Recreation and Parks Advisory Board, for a term to expire December 31, 1983. 15. That as recommended by the Nominating Committee, Councillor Ralph D. Poley be appointed to the Saint John Harbour Bridge Authority, for a term to expire December 31, 1985. 16. That as recommended by the Nominating Committee, Councillor Peter G. Murray be appointed to the Saint John Port Development Commission, for a term to expire December 31, 1983. 17. That as recommended by the Nominating Committee, Mrs. Beverly A. Bate, Dr. J. A. MacDougall, and ... Deputy Mayor Samuel Davis be appointed to the Board of, Commissioners of the Saint John Regional Hospital for a term of three years. 18. That as recommended by the Nominating Committee, Councillor Marlene A. Vaughan be appointed to the Board of Directors of Centracare. 19. That as recommended by the Nominating Committee, Councillor Edis A. Flewwelling be appointed to the Executive Committee of the Cities of New Brunswick Association. 13 June, 1983 Saint John, N.B. (sgd; ) Respectfully submitted, _ ~ -.,",~ Deputy Mayor Samuel Davis, Chairman. 1 Councillor Murray noted that he voted in opposition to section 3 in Committee of the Whole, and he requested that Council consider this 'matter further as in his opinion re~uests of 'this nature should be monitored more' closely and that an amount of $1,000 should not automatically be given in any case. On motion of Councillor Schermerhorn I Seconded by Councillor GoUld RESOLVED that the above report be received and filed and the recommendations therein, with the exception 'of section 3 which will pe giv~n further consideration, be adopted. 80mmi ttee appointed Councillor A. Vincent requested the opportunity to nominate a person to the Planning Advisory at this time and he proposed an amendment to the above resolution that Mr. Ralph Landers be to the Planning Advisory Committee, however, there was no seconder to this amendment. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". , Councillor A. Vincent re-iterated his comment made earlier in this meeting that he does not intend to attend Nominating Committee meetings if they are held in Committee of the Whole, and a brief discussion ensued regarding this matter. .... ... J1.3 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that ,the letter from the Planning Advisory Committee submit~~ ting the 1982 Annual Report of the Planning Branch be received and filed. I The Mayor reQuested that the matter of replacing former staff member Mr. Kenneth Kelly in the Planning Branch as requested by the Preservation Review group be looked into by the City Manager and a recom- mendation be submitted to Council thereon. The Mayor, in response to an observation of Council, advised that citizen committee reports which have been previously presented to Council are being reviewed for further consideration by Council. Deputy Mayor Davis commented on the upsurge in the remodelling of older homes, mostly in the south end of the City. Councillor Vaughan Questioned why the by-law respecting seasonal goods stands was not given third reading to which Mr. Winch advised that a proposed by-law amendment to make such stands permanent in some of the suburban residential zones was defeated at at the time of the third reading. Councillor A. Vincent suggested that all property in the south end of the City, for which the City has no use, be re-zoned in order to make such properties attractive for sale as they are presently too small t~ accommodate various buildings. Mr. Winch concurred that the matter of infill housing in the south end lS a major issue and one that is currently being reviewed by the Planning staff in conjunction with other City staff and he would expect that the City Manager will be reporting to Council on this matter in the very near future. I Question being taken, the motion was carried. A motion was proposed by Councillor Gould that the letter from the New Brunswick Association for the Advancement of Coloured People regarding the report of Professor J. Wilkie Darisme of the racism that exists in the City of Saint John be referred to the City Manager for any recommendations he can make to correct any situation which may exist in this regard, however, Councillor Knibb suggested that the coloured people in the City should be assured that as far as Common Council is concerned all citizens are eQual and that it will do all that it can to prevent either prejudice or discrimination, rather than refer this matter to the City Manager. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that Common Coun'cil assure the coloured community of the City of Saint John that it considers all citizens of the City to be equal and that it will do all that it can to prevent either prejudi'ce or discrimination in the City. Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Gould RESOLVED that the letter from Mr. William R. Tippett, Solicitor for Balemans Holdings Limited, regarding the agreement with respect to the restoration of the Old Post Office building, requesting to provide collateral rather thana performance bond as provided under Section 5(d) of the agreement -- be referred to the City Manager and City Solicitor for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that as requested by tenants of the City Market, the City Market remain open for business on the declared civic holiday of Friday, June 17, ,1983. 'Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that the letter from the Bank of Montreal, Loch Lomond Branch, requesting to relocate its sign closer in proximity to the third mall entrance on MacDonald Street -- be referred to the Planning Advisory Committee. 1 It was noted that the above request has been rejected by the Planning Advisory Committee whereupon Councillor Knibb Questioned whether or not Council can approve such a request. Mr. Winch advised that the above application is similar to that refused by the said Committee and he referred to the sign regulations enacted recently by Common Council which are more permissive than what was previously in effect, however, one of the issues considered was the multiplicity of ground or pole signs in shopping plaza developments and the position was adopted,that this type of sign unless they are to identify the mall or plaza itself were not, desirable, and he suggested that the above application appears to be very similar to that matter. Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John go on record as supporting the Coalition for Improved Rail Passenger Service and that a copy of its brief be referred to the Unity Committee. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seconded by Councillor Flewwelling RESOLVED that the students of the Environmerital Law Course at the University of New Brunswick - Saint John Campus be congratulated for its presentations to Common Council with respect to by-law control relating to dog fouling on sidewalks and prohibition of smoking in public places, and that this matter be referred to the City Manager for necessary action in consultation with these students. ... 14 "may". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried.' '/&1:1:" I/1;;~ '.e 3~~t~~ C9~9n Council, held at the City Hall in the City of Saint John, on Monday the twentieth day of June, A.D. 1983, at 4:00 o'clock p.m. (; ~~.:;:).,--;. ~_s ~-~e~"r~- .,- r<-.t:t,- ;:):.~:_ -:~_ pres.ent Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, 'Knibb, Murray, Poley; Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; J. C. MacKinnon, Commission~r of Engineering and Works; S. Armstrong, Deput~ Commissioner of Engineering; J, Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch,' Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; D. J. French, Director of Personnel; J. Johnson, Building,Inspector; J. Brownell, Assistant Director of Recreation; M. Hanlon, Purchasing Agent; R. Adams, Property Management Branch; K. Galbraith, Adm~nistrative Assistant to the Mayor; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend Mel Norton of the First Wesleyan Ghurch offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on June 13th last, be adopted. Councillor A. Vincent requested that the reference to his service on the Unity Committee be deleted from the above minutes as it is suggesting that he is being appointed to same which is not the case, and he noted that, although he is willing to. remain Co-Chairman of this Committee, he will not accept it as an appointment from the City as it is not customary to be appointed. Her Worship the Mayor advised that she merely referred to Councillor A. Vincent's service on this Committee and it was not her intent to suggest that he is being appointed to same, and she requested the Common Clerk to delete the reference to this matter from the above minutes. (Councillor Gould entered the meeting during the foregoing discussion.) , Question being taken, the motion was' carried. Her Worship the Mayor commented. briefly on the vist to the City of Their Royal Highnesses, The Prince and Princess of Wales, on June 17th last, and referred to the arrival to the Port of Saint John for a 48-hour visit of the Maine Maritime Academy Training Ship "State of Maine". Councillor Knibb.suggested that a.resolution would be in order with regard,to The Royal Visit . On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the City of Saint John express its extreme gratitude to The Prince and Princess of Wales for coming to the City, and also express to The Honourable Richard B. Hatfield, Premier of New Brunswick, the City's appreciation for his services in making The Royal Visit possible. Councillor Knibb, in proposing the above resolution, commended the Mayor for the manner in which she performed her civic function.during The Royal Visit. Question be~ng taken, the motion was carried. Councillor M. Vincent noted that the letter from the Saint John Board of Trade (copies of which were forwarded to Council members as an information item) commends the City and its Works Department with respect to the appearance of the downtown.core of the City. --~ I I . I . 1 I . .<IIi ... .15 . I I . I . I I . .. Mr, Ned Landry presented to the Mayor and Councillors a golden replica of a musical recording by the recently-formed Bicentennial Band of Saint John, entitled "The Prince Charles Waltz'~, this recording represent- ing a tribute to His Royal Highness, 'The Prince of Wales, in commemoration of the recent visit of The Royal Couple to the City. Mr. Landry advised that the recording also features his tribute to Canada entitled "My Canadian Home" and stated that this recording represents the highest point in his musical career. The Mayor accepted, with thanks, the recording on behalf of Council and noted that Mr. Landry will be inducted into the New Brunswick Country Music Hall of Fame in July 1983, and as well has ,been inducted, into the Hall of Fame of Nashville, Tennessee, U.S.A. The Mayor advised that The Royal Couple will be made aware of this presentation and she pointed out that Mr. Landry has given to the City the royalities to the first 500 copies of the recording. Read a letter from Mayor Wayne submitting a copy of a proposal entitled "Management Approaches & Considerations for the Canada Games AQuatic Complex in Saint John, New Brunswick", noting that this proposal was' :r'ec'ei ved by Council on October 8, 1982, and requesting Council to study this proposal in order that a decision can be reached in the very near future as to the type of management approaches which will be adopted for the pool. ,The Mayor noted that it has been indicated to her that a group in the City will be'soon presenting a proposal to operate the pool facility to Council for its consideration, and she suggested that a teach-in should be arranged in the very near fUture in order that a decision can be reached in this matter. Councillor Vaughan reQuested information with respect to the operating costs of such a facility, and she expressed the opinion that Council should be made aware of the performance of the six major pool complexes mentioned in the submitted'proposal, and as well local persons should be trained, rather than hire individuals from outside the area, to manage this facility. Councillor Vaughan Questioned whether the other levels of government will be providing funding for the operation of such a facility and whether the use of the pool will be restricted to those persons residing within the City limits or open to persons in the surrounding areas. The Mayor reQuested the City Manager to include Councillor Vaughan's requested information in the teach-in on this matter. Councillor Murray commended the Recreation and Parks Department for the preparation of the submitted proposal and he suggested that a copy of the pool study report which was prepared by the Canada Games Committee shoUld be made available to Council. Councillor Knibb expressed the opinion that the management of the pool should be delegated to an independent commission rather than placed under the Recreation and Parks Department as a commission would ensure that the users of the facility are continuously considered and 'that the pool would be promoted and thus used regularly. Councillor M. Vincent cautioned Council against acting too Quickly on this matter as the Canada Games Committee is preparing a very 'extensive document which, in conjunction with the Recreation and Parks Department, will result in,a report being presented to Council for its consideration, and he suggested that, in view of this anticipated report and the negotiations with the other levels of govern- ment with respect to financial matters which may have an effect on the operating costs of this facility, Council should not make any decision ,regarding this matter prior to the receipt of the anticipated report from the Canada Games Committee. On motion of Councillor Flewwelling: Seconded by Councillor Knibb RESOLVED that the above correspondence be received and filed and brought forward at the time of the teach-in regarding this matter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of C.I.L. Inc. for the supply of the City's liquid chlorine requirements for the period July 1, 1983 to June 30, 1984, at the prices as listed, be accepted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that approximately 2.5 aces of land on Loch Lomond Road owned by the Roman Catholic Bishop, which are situate within 500 feet of First Loch Lomond and close to the outlet and having been assigned a number one priority for aCQuisition, were offered to the City for the price of $15,000.00; further advising that an appraisal was completed on the subject property and, giving consideration to its location, size and topography, the market value, disregarding the building restrictions caused by the watershed, was estimated to be $9,500.00 and negotiations to aCQuire this property were opened with a letter dated May 6, 1983 to the Bishop's representative, with a reply received reducing the asking price to $11,000.00, and recommending that, due to the proximity of this property to the outlet of the First Loch Lomond, it be 'acquired from the Roman Catholic Bishop for the negotiated price of $11,000.00 -~be received and filed and the recommendation 'adopted. Discussion ensued with regard to the distance of the subject property from the watershed area, and Mr. Adams advised that this property has portions which are either more or less than the 500-foot distance requirement from the watershed area, and further that the properties within 500 feet of this area were given a first priority rating and those outside and around the Second Loch Lomond were given a second priority rating for purchasing purposes. Mr. Adams further advised that the City counter-offered, to purchase the subject property at $9,000.00 whereupon it was offered for the above-noted price of $11,000.00 and that'Mr. Paul Russell represented the property owner in this matter and that Mr. Adam's appraisal of the subject property was used for negotiation purposes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that the re-acQuisition of the fUll title to the properties on St. James and Germain Streets West, known as Lots 538, 558 and 559 Brooks Ward, as authorized by Council at its meeting of March 7th last for non-payment of ground rent, occurred on April 5th last, and recommending that lot 558 Brooks Ward, being 50 feet x 100 feet and fronting on Germain Street West, be sold to Mr. Andrew Simpson for the price of $4,000.00, and th~t lot 559 Brooks Ward, being 50 feet x 100 feet and fronting on Germain Street West, be sold to Mr. Norman McLennan for the price of $4,000.00, be received and filed and the recommendations adopted. """l If ~.,oAil.mliI~,;, l'ep1:ti,ng",tb a2query;0:f-sCouncillQ.1".A"oYlucent-, 'confrt'me" a:-lt was the,o!:,and:. Committe,e, which'r,ei'used=.the 6:("fercoi',,$2';000',-00 :('orone~of,the'aboye;-noted' properti",s.', .Councillor Vaughan Qu~stioned if the lot size a~ noted above is large enought to accommodate the placement of a home as proposed by Mr. Andrew Simp'son to which Mr. McDermott replied that this should not present any . difficulty.' In response to a query of Councillor Vaughan, Mr. Adams advised that the City'a assessed value of the subject lots was less than the amount offered for same. The Mayor noted that negotiations for the above-noted properties were entered into prior to Council's consideration of the new land aCQui- sition and disposal policy thus the reason for tenders not being called,on same. ' Question being taken, the ~otion was carried. On motion of Councillor Knibb Seconded by Councillor Gould I RESOLVED that the following recommendations of the City Manager 'regarding the lease of premises at 320 Charlotte Street be adopted namely:- (1) that the lease with ~ Building Services Ltd. be renewed for a period of one year commencing July 1, 1983 at a rental of $625.00 per month, with all other clauses of the present lease to remain unchanged; (2) that the lease with --2" Apex Industrial Supply Ltd. be renewed for a period ,of one 'year commencing July 1,1983 at a,rental of $1,500.00 per month, 'with all other clauses of the present lease to remain unchanged; (3) that the lease with Ap~GMachine Works be re~ewed for a period of one year ~ommencing July 1, 1983 at a rental of $~,450.00 per month, with all other clauses of the present lease to remain unchanged; and (4) that the lease wlth Maritime Insulation Ltd., be renewed for a period of one year commencing August 1, 1983 at a rental of I $335:00 'per 'month, with all other clauses of the present lease to remain unchanged:, --, AND FURTHER'that the Mayor and Common Clerk be authorized to execute any.and all documents reQuired to renew these leases. 'Councillor Poley Questioned if a specific formula was used to determine the above-proposed rent increases to which Mr. Adams replied that the increases were all calculated on a 12 per cent basis, however one specific area'which was being rented for a larger , amount per sQuare feet than the others was brought more in line with same. Mr. Adams, replying to a query of,the Mayor, advised that the 1982 total operating cost of the above property was $34,971.08 while the total rental collection 'amounted to $36,270.00, which represents a total'profit of'$1,298.92 with respect to this property. Councillor A. ... Vincent noted that the above property was purchased as a proposed site for a transit garage. Question being taken, the motion was carried. On motion of Councillor GoUld Seconded by Councillor Knibb RESOLVED 'that the 1982 'Annual Report of the Saint John Fire Department be received and filed and this Department be commended. Deputy Fire Chief J. Breen; replying to a Query of Councillor Vaughan, explained that the Department's establishment of 216 employees will be reduced by attrition to 214 employees. Councillor Knibb noted that the ~bove report makes no reference to the City's service on a committee with Grand Bay regarding the benefits of the establishment of regular firefighers in the area. Question being taken, the motion was carried. I On motion of Councillor Gould ,~- .) Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager and Fire Chief, a warrant be issued to Mr. Robert David Walton for membership to the Saint John Salvage Corps & Fire Police. Question being taken, the motion was carried. On motion of Councillor Knibb ii' Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding the possibility of providing free'parking in the uptown area of ' the City on Thursday and Friday evenings between 6:00 o'clock p.m. and 9:00 o'clock'of May 30th last, advising that 'a meeting was held with the Central Business Development Corporation and the Parking Commission and, 'although some members of the said ,Corporation consider that free parking will provide an incentive for persons to' utilize the uptown area for'shopping which would be helpful in the promotion of this area, several concerns have been expressed by City staff and others as outlined; stating that staff is of the opinion that to provide free parking on Thursday and Friday evenings and all day Saturday woUld be contrary to parking principles and not in accord with the development of long-term parking plans for the City, and recommending that no change be made in the hours of operation of parking meters -~ be received and filed and the recommendation adopted. . 1 Councillor Poley suggested that free metered parking should be implemented at the subject times on a trial basis as,'in his opinion, the Central Business Development Corporation, which supported this proposal, should be' aware of whether or not it will prove1successful. Councillor Knibb referred to a meeting' with representatives of the Corporation at which time this group withdrew its request for free metered parking, and he advised that the Corporation has some concern that Council appears to be giving more attention to the bottom area of King Streetcthan it is to the upper portion thereof. The Mayor I suggested that a tabling motion would be in order and the Corporation be requested to submit its withdrawal ' of such support in writing. Councillor Schermerhorn expressed the understanding that the Corporation would prefer to have this matter tabled thereby providing an opportunity to evaluate the matter and determine the impact of Market SQuare on the remainder of the downtown area. Deputy Mayor Davis re-iterated his suggestion made at a previous meeting of Council'that a survey should be conducted to determine the availability of metered parking spaces at the subject times. On motion of Councillor Schermerhorn further information. Seconded by Councillor Poley RESOLVED that the above matter be laid on the table pending . .... JI"" 17 Question being taken, the tabling motion was carried. . On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from The Park Plaza Hotel, Toronto, Ontario, in the amount of $4,083.35, for the Saint John Port Day function in Toronto, Ontario. Prior to the proposal of the above motion, Councillor A. Vincent proposed that the matter be tabled as the City referred to on the subject invoice is St. John, not Saint John, however, there was no seconder for the proposed motion. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Mayor noted that Ports Canada - Port of Saint John will be invoiced for one-half the expenses of the above 'function in accordance with a cost-sharing agreement. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to, execute the agreements with the Canada Employment and Immigration Commission with respect to the City's application for a contribution under the Summer Canada Student, Employment Program regarding the supervision of tourism information bureaus and tour guide service in the amount of $2,507.00; the waste water sampling program, Hazen Creek sewerage treatment plant, in the amount of $2,507.00; aQuatic program development in the amount of $2,492.00; and a market research study regarding feed grains in the amount of $4,050.00. ' Mr. McDermott, replying to a Query of Councillor M. Vincent, explained that the market research study referred to above is to determine the feasibility of feed grain being brought to the Port elevators in order to serve the local market. . Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City'Manager regarding the suhmitted application for grant assistance of Fetes Acadiennes noting that the City granted $700.00 to this group in 1982 and that this festival attracts visitors to the City thereby rating it as a,tourism attraction and one which has been promoted by the City's Tourism and Public Relations Department; suggesting that favourable consideration should be given for a grant, however, in order to ensure maximum return on the City's investment and to' complement the City's own efforts, the grant should be given towards, for instance, brochures, flags, posters, buttons, etc. in return for which the City should receive a quantity of posters, brochures and buttons and an Acadian flag to become part of the collection of flags which are loaned to various groups and organizations in the City, and recommending that a grant of $700.00 be given to Fetes Acadiennes on the foregoing conditions __ be referred to the grants committee. Councillor Knibb suggested that this matter be considered at this time as a grant was given in 1982 and Council's good will toward the group"should be expressed by its approval of a 1983 grant. Question being taken, the motion was carried with Councillors Knibb, Murray and A. Vincent voting "nay". agenda. It was noted that the item regarding changes in property tax legislation was withdrawn from the On motion of Councillor Knibb Seconded by Councillor Gould . RESOLVED that as recommended by the City Manager, approval be granted for the purchase of bricks from L. E. Shaw Ltd. for the City Market project, in the amount of $34,000.00. I At the request of the Mayor, Mr. McDermott explained that, following his referral on at least two occasions in Committee of the Whole during the latter part of 1982 to the need to purchase the material from the above company so that ,the ,refurbishing of the City Market could commence, such purchase to be made without going through the normal purchase pr""uIure, ,-hich COllncil ,lid not question, the necessary material was ordered by City, purchase order 'on December 22, 1982 'in the amount 'of $33,843.54 representing 'a 'sufficient Quantity of bricks of a particular size to allow work to commence on the Market tower only. Mr. McDermott further explained that the order had to be placed Quickly so that the material would be available for the work to proceed, otherwise the special brick required would not have been obtained until the plant reopened in April 1983 for a May 1983 delivery which would have meant the loss of the Provincial funding under an 'employment program which expired on March 31st last. Mr. McDermott noted that W. E. Kelly Ltd. is the contractor for this particular part of the Market project 'and advised that the scaffolding and hoarding on the Charlotte Street side of the building will be removed on June 24,1983, with that on the North and South Market 'Street sides to remain in place until a later date. Mr. McDermott further advised that of the $34,000.00 amount, a request for $12,000.00 as a progress payment has been received from the subject company and Mr. Wilson confirmed that there has been no mention of interest to be charged by this company. Councillor A. Vincent reQuested that an itemized account of the amount owed L. E. Shaw Ltd. be 'submitted to Council at its next meeting. I Question being taken, the motion was carried. On motion of Councillor Knibb ' Seconded by Councillor'M. Vincent RESOLVED that the resolution dated July 12, 1982 relating to the operation of bank accounts for The City of Saint John with The Bank of Nova Scotia be and is hereby rescinded. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED .1. That accounts in the name of The City of Saint John (herein called the "City") and bearing the following ames and numbers shall be kept at The Bank of Nova Scotia: .... Current Account Pa;y:roll Account 0053-12 0001-16 Hl ~ 2. That any two of the Commissioner of Finance Deputy Commissioner of Finance Chief Accountant . be and are hereby authorized on behalf of the City: (a) to borrow money from The Bank of Nova Scotia upon credit of the City on cheQues, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; (b) to sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. I ....-----' 3. That anyone of: Commissioner of Finance Deputy Commissioner of Finance Chief Accountant I be and is hereby authorized by the City: (a) to negotiate with or transfer to The Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheQues, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; . (b) to arrange, settle, balance and certify all books and accounts between the City of Saint John and the Bank and to receive all paid cheQues and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) to delegate any authority conferred on such person by subparagraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. ' 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That the City shall furnish the Bank with a list of names of all persons authorized by this Resolution to do any act or thing, together with specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. I <",I, 6. That this Resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. Question being taken, the motion was carried. On motion of Councillor Knibb 1. Seconded by Councillor M. Vincent RESOLVED That the resolution dated July 12, 1982 concerning signing officers for The City of Saint John Bank Accounts and securities with the Bank of Montreal be and is hereby rescinded and the following resolutions be adopted in their stead:- . 2. That all cheQues of the Municipal Corporation of The City of Saint John (herein called the "City") drawn on the following accounts: 7000 - 098 Sinking Fund I 5067 - 467 O'Connell Trust 5067 - 475 Tucker Trust 5067 - 483 Ross Memorial Trust 5067 - 491 Stockford Memorial Trust 5067 - 504 Saint John Horticultural Association Trust 5067 - 512 Airport Sale Fund 5067 - 520 Recreation Development Fund 5067 - 539 Building Depreciation Fund 5067 - 547 Land Subdivision Trust I 5067 - 555 EQuipment Replacement Fund 5067 - 563 A. Carle Smith Trust 5030 - 875 Saint John Parking Commission Trust shall bear the signature of any two of the following officers: Commissioner of Finance Deputy Commissioner of Finance Chief Accountant 3. That notwithstanding resolution No.2 the Bank of Montreal is authorized and directed to pay any and all cheQues against the said accounts which may be presented for payment bearing the facsimile signatures impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said officers in their own handwriting and duly issued by them with the authority and on behalf of The City of Saint John. . ....i "... 19 4. That in consideration of The Bank of Montreal's paying or negotiating cheQues issued on behalf of The City of Saint John and'bearing the ~echanically imprinted facsimile signatures of the Commissioner of Finance and the Chief Accountant, . The City of Saint John will and does hereby undertake to hold the Bank of Montreal harmless from and indemnified against all ,loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque on, which the facsimile signatures have been wrongfully impressed. 5. That the Commissioner.'of Finance, Deputy Commissioner of Finance or Chief Accountant of the City of Saint John be and is hereby authorized for and on ~ehalf of the City to negotiate with, deposit with or transfer to the Bank of Montreal (but for credit of the said City's accounts only) all or any bills of exchange, promissory notes, or orders for payment of money and other negotiable papers and for the said purposes to endorse the same or any of them on behalf of the City either in writing or by rubber stamp. I 6. That the Commissioner of Finance, Deputy Commissioner of Finance or, Chief Accountant is hereby authorized for and on behalf of the 'said City from time to timecto arrange, settle, balance and 'certify all books and accounts between the said City and the Bank; and to receive cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the ,Bank's form of settlement of balance and release. I 7. That any two of the following officers, namely; Commissioner of Finance, Deputy Commissioner of ,Finance or Chief Accountant be and are hereby authorized for and on ,behalf of the 'said City to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said 'Bank in safekeeping or otherwise for the accounts of the City and to give valid and binding receipts therefor. 8. That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given'to the Manager for the time being at the Branch of the Bank at which the accounts of 'the said City are kept and receipt of ,such notice duly acknowledged in writing. ' . QueEtlqn being ta.ken,"'the 'motion was,)carried;_::"~ , On motion of Councillor Gould' Seconded by Councillor M. Vincent RESOLVED that granted for payment of the following invoice, name1y:- Stephen Paving (1982) Ltd. - supply of asphalt as recommended by the City Manager, authority be June 9-15, 1983 $39,013.32 I Question being taken, the motion was carried. Consideration was given to two tender reports, one from the demolition of buildings located at 21-25 Coburg Street, 25 Coburg Street and a one-car garage at 21 Coburg Street, the other for the demolition of buildings located at 5-7 and 9-13 Prince William Street. The Mayor advised that Mr. Harold Wright; Chair~an of the Chipman Hill Committee of 'Saint John Heritage Trust Inc. submitted a status report on the properties located at 5-7 and '9-13 Prince William Street, and she noted the presence of representatives of this group in the Council Chamber and suggested that they be given an opportunity to address Council in view of the pending Council decision on this date with respect to these properties and in consideration of the time period given the heritage group to submit a proposal regarding the future of these buildings. (Copies of 'the said status report as well as copies of letters from The Honourable Nancy Clark Teed, Provincial Minister of Social Services; Mr. George W. Schuyler, and The ,New Brunswick Museum regarding the subject properties were distributed to Council ~embers earlier this date.) . Councillor Knibb suggested that CoUncil first consider the Cobtirg Street properties. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by'the City Manager, the low tender as submitted by Master Enterprises Ltd., in the amount of $7,450.00, be accepted for the demolition of buildings located at 21~23 Coburg Street, 25 Coburg Street, and a one-car garage at 21 Coburg Street. I. Councillor Schermerhorn Questioned whether a comparison has been made between the cost of turning the above area into a parking'lot and the cost of renting the properties thereon insofar as return on invest- ment is concerned in terms of taxes and having persons residing in thd downtown area of the City, and he expressed the opinion that the above properties, especially that at 25 Coburg Street, are in rentable condition. The Mayor concurred 'that the subject properties are rentable and she expressed concern with regard to the proposed demolition especially in view of the need for infill housing in the City. Mr. Johnson, replying to Council Queries, advised that, based on his inspection of the buildings, no major expenditures would be reQuired to make them rentable. The Mayor, in compliance with a reQuest of Councillor Schermerhorn, reQuested staff to evaluate the return on the property as rental units as opposed to the return on the investment of a parking area and report to Council. Deputy Mayor Davis suggested that this matter should be tabled in view of the conern expressed with respect to housing needs in the City and he Questioned the necessity of servicing vehicUlar needs at the expense of people's housing needs. Councillor Gould pointed out that the above property was purchased to facilitate the construction of a parking lot and he stated that he would prefer the City not be involved in the rental business unless absolutely necessary, and he suggested that the'CoblirgStreet, as well as the Prince William Street, properties could be the subject of a meeting to consider all aspects of the matter prior to Council making a decision with respect to their disposal. Mr;, Johnson, replying to a Query of Councillor Gould, noted that the City is under no' obligation to accept the above tenders and, although he has not discussed this matter with the tenderers concerned and expendiency is normally practiced with respect to demolition contracts, he can foresee no problem in holding the tenders for a period of 30 days. I On motion of Councillor Flewwelling . Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table pending a further staff report. Question being taken, the tabling motion was carried. .... 26 ~ On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that Mr. Thomas Johnson be invited to address Council on ... behalf of Saint John Heritage Trust with respect to the buildings located at 5-7 and 9-13 Prince William Street. Councillor Gould suggested that, as the above group has indicated its interest in purchasing the subject buildings, he would prefer that negotiations commence in orddr to determine if the group is in a position to purchase same. The Mayor advised that, based on discussions with the Provincial Govern- ment, it is her understanding that funds are available to 'this group pending Council's decision with respect to the proposed demolition of the buildings and she suggested that Council should hear the group's presentation at this time. Councillor A. Vincent suggested that, rather than hear the above I group now and providing it has the necessary funding to aCQuire the properties, it be permitted to purchase same. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Mr. Thomas Johnson addressed Council and read from a prepared 'brief (copies of which were distributed to Council members earlier this date) wherein only the front wings of the subject buildings are raferred to as the Chipman Hill properties 'on the assumption that the rear wings of same will be demolished for parking. Mr. Johnson noted that two recommendations for optimum use of the Chipman Hill properties in the future are invluded in the brief as follows:- (1) the City should institute negotiations with the Saint John Heritage Trust for the front one-third of the property comprised of 5-7 and 9-13 Prince William Street, the purchase price to be determined by a mutually agreed formula which would balance increased tax revenues with the-loss of parking income, such transfer of title being reQuired to facilitate funding from other levels of government, and (2) the City should accept the $15,000.00 matching offer from the Province for the stabilization of the front wings, which would permit the balance of the site to be used for parking which would ease the financial burden of carrying the borrowing costs for the purchase of the property, the $15,000.00 contribution,of the City to be added to the purchase price negotiated with Heritage Trust. I Mr. Johnson, replying to Council Queries, advised that Council's decision is requested at this time as the Provincial Government wants to ensure that should it provide funding it is not being . committed to a project which has no opportunity for success as the buildings are to be demolished, and he confirmed that a Council resolution to the effect that 'the group concerned enter into negotiations with the City Manager for the purchase of these buildings should satisfy the Provincial Government at this time, and he further confirmed that the possible source of funding is a specific Federal Govern- ment program which not only provides funds for labour but also for materials and it is a relatively new program directly through the Federal Government with Provincial input through a board of both Federal and Provincial officials. Mr. Johnson replied in the affirmative to a Question of the Deputy Mayor as to whether or not the Heritage group has submitted its application for such funding and he explained that it is his understanding that any grant from this source would be conditional upon acquisition of the buildings, therefore, Council's indication that it would like the group to oWn these buildings is what is reQuired. The matter of the provision of parking spaces for Brunswick House was discussed as well as the Parking Commission's long-range parking plan. ,:,On motion of Councillor Flewwelling I Seconded by Councillor Gould RESOLVED that City staff meet with Saint John Heritage Trust to work out a plan for sale of the buildings located at 5-7 and 9-13 Prince William Street to Heritage Trust and report to Council within two weeks. Councillor Schermerhorn requested that Council be apprised on a weekly basis regarding the progress of the proposed negotiations. Councillor Knibb Questioned the feasibility of retaining the above buildings at the expense of the taxpayer: Mr. Nugent, replying to a Query of Councillor A. Vincent with respect to legal liability should persons be injured due to'portions of the subject buildings falling, suggested that the City should consider the seriousness of the matter as described by Councillor A. Vincent and take whatever action is appropriate to avoid any occurrence of this nature. A brief discussion ensued regarding photographs taken of the subject buildings and the cost to repair same during which time Mr. Johnson expressed the opinion that the buildings can be adequately restored for $50.00 per sQuare foot or $300,000.00. Mr. J. Johnson pointed out that the photographs shown Council at a previous meeting, as well as the estimate prepared by the Property Management Branch, to the best of his knowledge, were obtained prior to the entry of the Heritage group into the subject buildings at which time it removed the inner shell-from what is described as a building-within-a- building thereby reducing the structure to half that on which the estimate was based and the previous photographs taken. Mr. Johnson stated that, in his opinion, the situation now as indicated in the photographs displayed at this meeting is something which no one could have reasonable anticipated prior to the work carried out by the Heritage group on the interior of same. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I 'On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the tenders for the demolition of the buildings located at 5-7 and 9-13 Prince William Street be laid on the table pending the anticipated report from the City Manager. On motion of Councillor Davis I Question being taken, the tabling motion was carried. Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor regarding the proposed closing of Katie Drive in the Kilkenny Court Subdivision, which was considered by Council at its meeting of June 6th last, referring to the letter to Common Council from McKelvey, Macaulay, Machum, Solicitors, on behalf of the Bank of Nova Scotia, the cestui Que trust of land owned by A. J. Callaghan and Associates Ltd.; advising that the property of A.J. Callaghan and Associates Ltd. is located in the vicinity of Katie Drive but does not abut the street, and stating that in his view there i no present right in the said company to travel from its property immediately and directly onto Katie Drive and thus no action to close Katie Drive can be properly seen to be an interference with or an interrup- tion of the rights of A. J. Callaghan and Associates Ltd. to access to a public street; also stating that there is believed to be no clear evidence of the company having aCQuired an easement extending from . ...4 ,.... . 1 I . I . I I . lrl... ~21 its land ,to Katie Drive, and suggesting that Common Council may therefore proceed to consider the merits of the proposed 'street closing and to determine, based upon the information with which it has been provided, whether the best interests of the community are served by proceeding to close Katie Drive, be received and filed: AND FURTHER that the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing'of Highways in the City of Saint Johrt", with respect to Katie Drive, be read a first time. Discussion ensued during which time Councillor Flewwelling expressed concern that the above company will not be able to gain access to its property should Katie Drive be closed and Mr. Nugent noted that it is the Legal Department's opinion that there is no clear evidence of the company having acquired an easement extending from its land to Katie Drive and that the company has no prescriptive right based upon use, and further that no legal implication can be found which would give rise to the sort of easement of necessity which he believes is referred to in the above-mentioned letter from the Solicitors. (Councillor Gould withdrew from the meeting.) Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Read a first time the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in the City of Saint John". ' On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in the City of Saint John", with respect to Katie Drive, be read a second time. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting ,"nay". Read a second time the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in the City of Saint John". (Councillor M. Vincent withdrew from the meeting.) . On motion of Councillor Knibb Seconded by Councillor Murray 'RESOLVED that a' by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto" by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land located at 73 Duke Street (L.R.I.S. Number 7187), from High Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The ,by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto" was read in its entirety 'prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Murray , 'RESOLVED that a by-law' entitled "A Law to Amertd the Zoning By-Law of the City of Saint John and Amendments Thereto" insofar as it concerns re-'zoning a parcel of land located at 73 Duke Street (L.R.I.S. Number 7187), from "RM_l'i Three Storey Multiple Residential to "B-2" General Business district classification, be read a third time and enacted and the Corporate Common Seal affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the condition that any use, permitted by the "B-2" zone, be approved specifically by Common Council. Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto" by amending Schedule 2-A, the Future Land Use Plan of the Municipal Plan By-Law of the City of Saint John and Amendments Thereto" by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land containing approxi- mately 40,000 square feet and being a portion of a larger parcel located off the western side of the Westfield Road behind the property now or formerly occupied by Mr. Albert LeveSQue (L.R.I.S. Number 419028), with access to the said parcel being a 12-foot right-of-way off a 66-foot common right-of_way located north of the United Church property at South Bay, from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal affixed thereto. (Councillor Schermerhorn withdrew from the meeting) Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amend- ments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" insofar as it concerns re~zoning a parcel of land containing approximately 40,000 square feet and being a portion of a larger parcel located off the western side of the Westfield Road behind the property now or formerly occupied by Mr. Albert LeveSQue (L.R.I.S. Number 419028), with access to the said parcel being a 12-foot right-of-way off a 66-foot common right-of-way located north of the United Church property at South Bay, from "RF" Rural to "I-I" Light Industrial district classification, be read a third time and enacted and the Corporate Common Seal affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the , ..... .., H_ .1.,..,: _ , , , ~. .' v '" ':' -~, :.;. -: ~.~ ;'" -," 22 ~ condition that the use of the above property be lim~ted to the storage and maintenance of materials and eQuipment associated with a hydroseeding business. Question being taken, the motion was carried. . The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" was read'in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" insofar as it concerns re-zoning property at 549 Millidge Avenue (L.R.I.S. Number 041558) from "R-IB" One Family to "IL-l" Neighbourhood Institutional I district Classification, be read a third time and enacted and,the Corporate Common seal affixed thereto. Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" with respect to closing a portion of the following highway:- FIRST AVENUE: All that certain lot, piece or parcel of land situate, lying and being in the said City of Saint John, in the County of Saint John and Province of New Brunswick being a portion of the public street identified as First Avenue and more particularly described as follows: Beginning at the intersection of the western sideline of property now or formerly owned by George G. Keirstead and the northern sideline of First 'Avenue; thence in a northeasterly direction along the . said sideline of First Avenue 115 feet more or less to its intersection with the eastern sideline of the said George G. Kierstead lands; thence in a southerly direction along the prolongation of the eastern sideline of the Kierstead lands approximately 15 feet; thence in a westerly direction along the base of a retaining wall now situate upon a portion of First Avenue 120 feet more or less to its inter- section with the prolongation of the western sideline of Linton Road; thence in a northerly direction along the said prolongation of Linton Road 20 feet more or less to its intersection with the northern sideline of First Avenue. The aforesaid portion of First Avenue being shown on a survey certificate prepared by Kierstead Surveys Ltd. and dated February 1st, 1983. - be read a third time and enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of I Highways in the City of Saint John" was read in its entirety prior to adoption of the above resolution.- 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 begs leave to report that it sat on June 6, 1983 when there were present Deputy Mayor Davis and Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan M. Vincent, and your Committee submits the following recommendation, namely:- and 1. That as recommended by the Nominating Committee, Miss Glenna Young be appointed to the Recreation and Parks Advisory Board, for a term to expire December 31, 1983. . 20 June, 1983 Saint John, N.B. Respectfully submitted, (sgd.) Deputy Mayor Samuel Davis, C h air man. On motion of Councillor Murray Seconded by Councillor Davis RESOLVED that the above report be received and filed and the I recommendation therein adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John I The Committee of the Whole reports Your Committee begs leave to report that it sat on June 13, 1983 when there were Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Mr. Vincent, and your Committee submits the following recommendations, namely:- present Vaughan and 1. That Mr. Ross Carr be appointed to the Power Commission for a term to expire February 15, 1986. 2. That as recommended by the City Manager, authority be granted for the Mayor and Common Clerk to . execute the operating agreement between Canada Mortgage and Housing Corporation and The City of Saint John regarding funding for the Market SQuare modest rental housing project. ~ II"'" '23 3. That the resolution adopted by Common Council on April 18th, 1983 which provided that responsibility for the operation of the Market SQuare Parking Garage be assigned to the Saint John Parking Commission, be rescinded: . AND FURTHER that as recommended by the City Manager, the operation of the Market SQuare Parking Garage be entrusted to the Market SQuare Corporation, for a limited period of twelve months; such entrustment to the Market SQuare Corporation to take place upon the City and The Rocca Group Market Square Development Limited signing the sub-lease for the parking garage. Respectfully submitted, 1 _ 20 Ju~e. 1983 Saint John, N.B. (sgd. ) Elsie E. Wayne, Chairman. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED,that section 1 of the above report be adopted. I The Mayor, replying to a query of Councillor A. Vincent, advised that Mr. Carr is replacing Mr. E. Maloney on the Commission. (Councillor Schermerhorn re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. (Councillors Gould and M. Vincent ie-entered the meeting.) >:1 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 3 of the above report be adopted. I Councillor A. Vincent Questioned the amount of the cost to the City with respect to the above proposal and he expressed the understanding that the Parking Commission, in accordance with Provincial legislation, is to manage such parking facilities on behalf of the City. Mr. McDermott noted that the above recommendation results' from matters related to the 3rd Amending Agreement and a review of the operational agreement by the City Solicitor, Mr. Wilson and Mr. L. M. Machum, Solicitor for The Market Square Corporation, and that he doubts that it will represent any additional cost to the City. (Councillor Murray withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Murray re-entered the meeting.) On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Victor Train to temporarily place a mobile home on property located at 45 Penny Road, Morna, not be approved. . Question being taken, the motion was carried. 1 Read a letter from the Planning Advisory-Committee regarding the agreement with Fundy Cablevision Ltd., authorized by Council approximately four years ago, for the development of the Company's property in accordance with its proposed site and landscape plan, as indicated on the submitted drawing, such agreement resulting from a Planning Advisory Committee recommendation and the granting of a variance. The letter advises that near the end of 1982 two satellite antennae were erected and the Company subsequently applied for a building permit and was advised that a revised site plan would have to be submitted and approved and the development agreement amended, and that the Company's revised proposal has been considered by the said Committee on a number of occasions, and submits a drawing of the most recent submission. The letter advises that Planning staff is of the opinion that the satellite dishes are detracting from what is otherwise an attractive-property which is further aggravated by the highly visible back side of the dishes, the view which is most seen by passing traffic, and the placement of concrete barriers has made the situation even more unattractive, and staff suggests that, while the planting and growth of shrubbery will provide a limited screening effect, this is insufficient and it recommends that satellite dishes, at least along the rear be enclosed with a wall or fence similar in material and style to the main building as indicated on the submitted drawing. The letter recommends that the development agreement with Fundy Cablevision Ltd. be amended in accordance with the Company's revised site plan proposal, and notes that a number of the Committee members were critical of the Company for having proceeded without first having secured the necessary,approvals. I On motion of Councillor Gould Seconded by Councillor M. Vincent C RESOLVED that as recommended by the Planning Advisory Committee, the )( development agreement with Fundy'qablevision Ltd. be amended in accordance with the Company's revised site plan proposal. . Discussion ensued during which time it was suggested that the satellite dishes could be placed on the roof of the subject building to which Mr. Winch indicated that there is a Question as to whether or not the roof structure is sufficient to handle such placement. Question being taken, the motion was carried. ll.. 2'1 -.., Read a letter from Mr. Louis E. Murphy, Member of the Legislative Assembly, Saint John Harbour, suggesting that the next step with regard to the Church Avenue Overpass would be for Council to purchase from the Irvings the last remaining parcel of land required for the project and requesting Council's early approval and necessary action. . On motion of Councillor M.'Vincent Seconded by Councillor Gould RESOLVED that staff be instructed to enter into negotiations with the Irving interests regarding the purchase of the remaining parcel of land reQuired for the commencement of the Church Avenue Overpass. Councillor Knibb expressed reservations with respect to the above resolution and he suggested that, although the Overpass is desired, it is not wise at the moment to be considering additional I investment in real estate acquisition until such time as the input of funding from the other levels of government is ensured. Mr. McDermott, replying to a Query of Councillor Gould, confirmed that $350,000.00 has been designated in the Capital Budget for this project and as well an amount is included for the purchase of the remaining property, and he further advised that all the necessary plans are complete with respect to this project. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1984 of the Saint John Harbour Bridge Authority, in compliance with the Agreement between Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. ~ Councillor Flewwelling suggested that, as Council is being requested to approve the above budget, additional information respecting certain inclusions may be necessary to which the Mayor replied that any questions related to same could be directed to staff. A brief discussion ensued during which time Councillor Knibb commended the Harbour Bridge Authority for not only covering its yearly operating costs but for being able to repay a substantial amount of money to the Federal Government. Councillor Murray made the observation that the $3,000.00 designated for public relations and advertising in the above budget is minimal if the Harbour Bridge Authority plans to attempt more persons to utilize the Harbour Bridge. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Gilbert, McGloan, Gillis, Solicitors for A. J. Callaghan & Associates Ltd., as now represented by Jessie A. Callaghan, the executor of the estate of A. J. Callaghan, regarding the proposed closing of Katie Drive in the Kilkenny Court Sub- I division, endorsing and supporting the comments of Mr. Roderick MacKenzie of McKelvey, Macaulay, Machum, in his letter to Council at its ,June 13th last meeting, and reQuesting to be advised as to the present state of the City's intended action and to meet with the City in this regard -- be received and filed. Question being taken, the motion was carried. Her Worship the Mayor suggested that the petition from residents of Island View Heights to Councillor Murray (copies of which were forwarded to Council members as an information item) should be added to the agenda at this time and subseQuently referred to the City Manager for a report and reconnnendation. On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the above item be added to the agenda and . considered at this time. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the petition from residents of Island View Heights opposing the construction of a sportsfield in the area, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. I Her Worship the Mayor suggested that the item regarding transportation of hazardous materials (copies of which were forwarded to Council members as an information item) should be added to the agenda at this time as it is a matter which was considered at a previous meeting of Council in open session. On motion of Councillor Knibb Seconded by Councillor Poley I' RESOLVED that the ~bove item be added to the agenda and considered , at this time. Question being taken" the motion was carried.' ,The Mayor suggested that a copy of the above letter be forwarded to Mr. Bruce Court, Local Chairman of Lodge 1361 of the Brotherhood of Railroad, Airlines and Steamship Clerks, CPRail, and she also suggested that the meeting which was to be held with Mr. Court and representatives of the subject union in accordance with a Council resolution must be held. Mr. McDermott advised that a meeting will be held on June 21, 1983 with Fire Chief P. Clark and Deputy Chief Breen to review the above matter . following which time Mr. Court will be contacted. ~ ,.... ;25 On motion of Councillor Knibb . Seconded by Councillor Poley RESOLVED that the above matter be referred to the City Manager for a report and recommendation to Council. Her Worship the Mayor re-iterated her reQuest that Coucnil's previously-reQuested meeting between the City and Mr. Court, as well as with representatives of the union concerned be held. Question being taken, the motion was carried. 'I The Mayor, replying to a query of Councillor A. Vincent, confirmed that there will be no other itmes on the Legal Session agenda with the exception of the one already noted. On motion of Councillor Knibb x Seconded by Councillor Davis RESOLVED that this meeting be adjourned and that Council meetin~ in Legal Session. Question being taken, the motion was carried. 1 ~; : i1k{o {;f YJ{7~ ommon Clerk ~t ao~~~on.:Coun~~~,~~eld at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of June; A.D. 1983, at 7:00 o'cloc p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - 1 Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P; Clark, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; R. Admas, Property Management ~h, K. Galbraith, Administrative Assistant to the Mayor; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend David Mack of St. Andrew and St. David United Church offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Poley RESOLVED that minutes of the meeting of Common Council, held on June 20th last, be adopted. Question being ,taken, the motion was carried. . Her Worship the Mayor read a proclamation regarding a campaign launched by the Canadian Paraplegic Association on June 26, 1983, to aCQuaint active Canadians with potentially-hazardous situations that may;' _,_:, 0 result in permanent damage to the spinal column and simple precautions that minimize the risk of such injuries, and she proclaimed the week of June 26 to July 2, 1983, as Spinal Cord Injury Prevention Week in the City of Saint John. Captain Bruce Holder, Jr., presented to the Mayor and Members of Common Council, a musical record album, entitled "The Bicentennial Salute", by the Band of 3 Field'Regiment (The Loyal Company Rqyal Canadian Artillery), commemorating the City's Bicentennial. I The Mayor, upon accepting the above album on behalf of Council, thanked Captain Holder and related several of the Band's achievements to date. Her Worship the Mayor noted the presence in the Council Chamber of Mrs. Shirley Dysart, Member of the Legislative Assembly of the Province of New Brunswick. 1 Mrs. Jo Anne Claus, Co-Ordinator of Loyalist Days Inc., addressed Council with respect to the forthcoming Loyalist Days celebrations and reQuested Council's authorization for Loyalist Days Inc. to once again use the Fort LaTout site for the Loyalist Landing, and, as well to authorize the additional requests included in the letter submitted to Council prior to this meeting. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Common Council commend ,the efforts of Loyalist Days Inc. and authorize the use of the Fort LaTour site for the Loyalist Landing ceremony on July 17, '1983; and to make available to this group a key to the site gates on July 15 ;,16 and 17; to arrange for site cleanup before and a~ter the event; to have the use of, and have-delivered to the site, 60 chairs and 10 garbage cans from Recreation and Parks Department, and to have the Works Department pick up picnic tables from the Provincial Department of Tourism on Manawagonish Road on July 15 and return same on July lB. . Question being taken, the motion was carried. ... 26 ~ Her Worship the Mayor noted that the above-mentioned letter includes a reQuest for two Councillors to represent the City in the boats during the landing ceremony whereupon Councillors Flewwelling and Knibb expressed their willingness to do so. On motion of Councillor Knibb . granted for payment of the Stephen Paving (1982) Ltd. D. Hatfield, Ltd. - (Water - (Works Seconded by Councillor Gould RESOLVED following invoices, - asphalt supplied Dept.) equipment rental Dept.) equipment rental that as recommended by' namely:- June June June the City Manager, authority be 16-22, 1983 1-15, 1983 1-15, 1983 $34,227.19 4,593.51 $22,275.34 The Mayor, replying to a Query of Councillor Vaughan, suggested that information such as the license numbers of rented vehicles, can be obtained from the Works Department. Mr. MacKinnon, replying to an observation of Councillor A. Vincent, explained the problems associated with attempts to place permanent signage or signs which are visible on rented vehicles indicating that these vehicles are performing work for the City. Her Worship'reQuested an explanation of why a half-ton vehicle, without an operator, is being hired in view of previous discussions of Council and the recent tender for motorized eQuipment. Mr. McDermott advised that the matter regarding the motorized eQuipment, which was discussed by Council in Committee of the Whole on June 13th last, has been resolved and the vehicles in question are considered to be satisfactory whereupon the Mayor questioned if receipt of these vehicles will eliminate the necessity for renting half-ton trucks. Mr. MacKinnon explained that the need to hire half-ton trucks varies depending on the time of the year and that he is of the understanding that the vehicles being purchased, in most cases, are to replace existing trucks, and further there is an insufficient number of trucks in the City fleet to eliminate the necessity to rent same. A brief discussion ensued during which time Councillor Flewwelling expressed the desire to have additional information submitted for Council's consideration when approving invoice payment. 1 1 (Mayor Wayne withdrew from the meeting during the foregoing discussion whereupon Deputy Mayor Davis assumed the chair.) Question being taken, the motion was carried. . Mr. W. H. R. Smith, Chairman of The Saint John Bicentennial Inc., addressed Council and presented a brief overview of the Third Annual Report of The Saint John Bicentennial Inc. Discussion ensued during which time several Council members commended the above group for its efforts and the matter of an official City flag, as well as the forthcoming Tattoo 200, Canada Day celebrations and events scheduled for the next three years with respect to Bicentennial activities were discussed. Mr. Smith introduced the following members of the above group who were present in the Council Chamber as follows:- Messrs. ,P. Garner, A. Barbour, D. Somerville, K. Bowman, J. Stevens, Miss D. Nicolle and Mrs. S. Dysart. Mr. Smith noted that the City's assistance and support in various aspects of the Bicentennial Committee's efforts, as indicated in the submitted report, would be appreciated, and he thanked Council on behalf of the group for its contributions to date. Councillor Knibb proposed a motion that the City Manager look into the matter of an appropriate design for a flag which could be proclaimed the official flag of the City of Saint John, and he suggested that the flag 1 previously presented to the City by the Irvings might be appropriate. The Deputy Mayor Questioned if a motion should be proposed at this time in view of the presentation before Council, however, he concurred that the matter of an official flag should be pursued, and he thanked Mr. Smith for his presentatjon to Council. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Chain Link Fencing - 1981 Gillis Company Limited Supply and installation at various sites Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated June 21, 1983 Final holdback release $ln, 487 . 35 38,906.75 , Nil 37,739.55 $ 1,167.20 . Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the bid of McLennan Sales Limited, in the amount of $7,665.00, plus tax, be accepted for the supply of one 20" silent check valve reQuired to protect the clutch at the :Spruce Lake Pumping Station. Councillor Schermerhorn reQuested assurance, in view of his understanding that the price Quoted is lower than that which can be given by a particular Canadian distributor of APCO products in Toronto, Ontario, that no substitution will be accepted. Councillor Gould noted that the bid indicates that an eQuivalent will be accepted. I Question being taken, the'motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the bid of Moore Business Forms Ltd., in the amount of $65.65/M plus tax, be accepted for the printing of 100,000 water bills. Question being taken, the motion was carried. . ....1 ~ 27 On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the contract for concrete work 1983 be awarded to Maritime Formless Ltd. at the tendered amount of $169,552.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Jamac Printing & Sandblasting Ltd., in the amount of $12,444.00, be accepted for painting the steel frame of Simonds Centennial Arena. Question being taken, the motion was carried. On motion of Councillor M. Vincent 1 Seconded by Councillor Gould RESOLVED that the letter from Jamac Painting & Sandblasting Ltd. regarding the' above tender, be received and filed. Question being taken, the motion was carried. On, motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the tender of Downey's Limited, in the amount of $9,400.60, be accepted for the supply of one compact pick-up truck. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the agreements with Canada Employment and Immigration Commission with respect to the City's application for a contribution under the Summer Canada Student Employment Program regarding consolidation of personnel files in the amount of $2,501.00, and the theatrical production regarding the history of Saint John in the Loyalist Plaza in the amount of $1,917.42. Question being taken, the motion was carried. 1 Read a letter from the City Manager submitting a proposed policy on land acquisition and disposal, as well as flowcharts indicating the various steps of same, under the following headings:- Sale of City- OWned Properties - A. Initiated by the City; B. Initiated by Others; C. Condition9 to be Attached to Sale of Property; Purchase of Land For City Purposes - D. Initiated by the City; and E. Initiated by Others, and recommending that this policy be adopted. Discussion ensued regarding the recommended policy. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the above policy on land aCQuisition and disposal be adopted with the following changes:- section C(2) to indicate that, if a proposed development does not take place within the time factor specified, the City may repurchase the property for the purchase price, or at a price subject to penalty, depending on the circumstances; and that section D(2) indicate that an independent appraisal may also be obtained if the prope~ty has a value over $50,000.00. . During discussion prior to adoption of the above resolution, Councillor Poley questioned what, if any, policy is in place with respect to sale of leasehold property to which Councillor A. Vincent, who was Chairman of the Land Committee, explained past procedure, and again suggested that properties in the south end of the City should be re-zoned for ,various uses in order to increase their attractiveness to potential purchasers. Her Worship the Mayor advised that this latter matter will be included in the City Manager's anticipated report to Council. Mr. McDermott, replying to a query of Councillor Gould, advised that the list of surplus properties should be presented to Council for approval within two weeks.. (Her Worship the Mayor re-entered the meeting during the foregoing discussion and re-assumed the chair.) 1 Question being taken, the motion was carried. It was noted that the item regarding non-union salaries was withdrawn from the agenda. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that an item regarding banking resolutions be added to 1 the agenda and considered at this time: AND FURTHER that the following resolution be adopted, namely:- . RESOLVED 1. That The Bank of Nova Scotia is authorized and directed to pay any and all cheQues, promissory notes, bills of ,exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical' means to all intents 'and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of the City of Saint John. ' ' 2. That in consideration of The Bank of Nova Scotia's paying or negotiating cheQues, promissory notes, bills of exchange or otherwise issued on behalf of The City of Saint John and bearing ~ 28 ~ the mechanically imprinted facsimile signatures of the Commissioner of Finance and the Chief Accountant, The City of Saint John will and does hereby undertake to hold The BaTIk of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheQue, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. . Mr. Wilson, replying to a query of Councillor A. Vincent, advised that the above matter not been referred to the Legal Department nor is it the usual procedure to do so, and he further advised that the above-proposed resolution results from the omission of the section covering the mechanical signing of cheQues in the resolutions adopted by Council at its last meeting. has Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by:'law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" with regard to closing Katie Drive, be read a third time and enacted and the Corporate Common Seal affixed thereto. (Councillors Gould, Murray and M. Vincent withdrew from the meeting.) 1 The by-law entitled "A By-Law to Amend A By-Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" was read in its entirety. Councillor Poley noted the presence at this meeting of Mr. Harry Colwell, Solicitor, who submitted a letter to Council at its last meeting on behalf of the A. J. Callaghan Estate, regarding the above-proposed street closing, and he suggested that Mr. Colwell be given the opportunity to be heard at this time. On motion of Councillor Poley . Seconded by Councillor Flewwelling RESOLVED that Mr. Harry Colwell be invited to address Council at this time. Question being taken, the motion was carried. (Councillor Murray re-entered the meeting.) Mr. Colwell noted that he is the Solicitor for the A. J. Callaghan Estate, and, following his explanation of the background relating to Katie Drive, he stated his reason for being at this meeting as, basically, to reQuest additional time prior to Council's consideration of this matter as he has been unable to be present for first and second readings of the proposed by-law amendment, and also was unaware that the proposed street closing had been publicly advertised. Mr. Colwell reQuested 1 that Council table the above matter for one week as, in his opinion, there is a problem in that confusion or a Question exists insofar as the contiguousness of his' client's property to Katie Drive is concerned, and he reQuires time to examine the matter further. Mr. Colwell expressed the opinion that, should third reading be givdn at this time, possibly Council would be taking a parcel of land and landlocking same where it had not been previously landlocked and therefore denying access, and taking away the saleability of that property. (Councillor M. Vincent re-entered the meeting.) -, Councillor Poley, upon being advised by Mr. Colwell that to the best of his recollection the subject property of his client abuts Katie Drive, Questioned Mr. Nugent if he would prefer to have the above matter tabled. Mr. Nugent noted that the opinion previously given Council on this matter was clearly premised on the understanding that Mr. Colwell's client's property does not abut Katie Drive, and if Mr. Colwell has additional information to the contary, he would certainly like an opportunity to review same in order to advise Council accordingly. . On motion of Oouncillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John I' The Committee of the Whole reports Your Oommittee begs leave to report that it sat on June 20,,1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by appointed to the Saint John the Nominating Committee, Messrs. David Barry and Alexander Polimac be Transit Commission for a term: of three years from July 1, 1983. , 1 2. John , That as recommended by the Nominating Committee, Mr. G. Forbes Elliot be Youth Project Review Committee. appointed to the Saint 3. That as recommended by the Nominating Committee', Councillor Peter Murray be appointed to the Board of Directors of St. Joseph's Hospital for a term of' three years from March 31, 1983. 4. That as recommended by the Nominating Committee, Councillor Kenneth Gould be appointed to the Preservation Review Board. . j II""" 2,9 . 5. That with regard to the request of the Saint John Cycling Club for the City to sponsor a banQuet on July 31st, 1983 during the Atlantic Bicentennial Cycling Championships, a grant in the amount of $6.00 per capita, to a maximum of $1,000.00, be approved. 6. That with regard to the reQuest of Fetes Acadiennes, for financial assistance regarding the festival to be held from August 12th to 15th, 1983, a grant in the amount of $700.00 be approved. Respectfully submitted, 27 June, 1983 Saint John, N. B. (sgd.) Elsie E. Wayne, C h air man. .. . - - ~ , I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of , the above report be adopted. (Councillor Gould re-entered the meeting.) 1 ,Her Worship the Mayor, replying to'a Query of Councillor A. Vincent, advised that Messrs. Barry and Polimac are replacing Mr. George Clark and her on the above Commission, and that the governing legislation does not require that a member of Council sit on this Commission. Question being taken, the motion was carried with CounCillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that section 30f the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 1 On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor A. Vincent RESOLVED that the 1982 annual report of the Power Commission of the City of Saint John be received and filed., A brief discussion ensued regarding the possibility and/or feasibility of the above Commission turning over its surplus funds to the City. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common, Council approve the retirement of Mr. Joseph Quinn, an employee of the Engineer~" ing and Works Department, in accordance with Section 9(1) ,of the Pension Act, Mr. Quinn having complied with the provisions of the said sub-section by providing medical reports as to his permanent disability. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the response to the City's submission to the Cities of New Brunswick Association of a resolution regarding legal costs incurred by police officers resulting from their actions during the course of their duties be received and filed. . Councillor Knibb expressed regret that the Province of New Brunswick has responded to the effect that the system of justice applies to all persons in the Province and therefore police officers should not be assisted in a preferent~al manner wi~h respect. to leg~l fees, as' in his opinion police officers are always faced with' the 'possibility of being charged with using excessive force in performing their duties. Councillor M. Vincent suggested that this matter be pursued further with the Provincial officials whereupon the Mayor reQuested that the City Manager note this matter for discussion at the anticipated meeting with the Provincial Cabinet. Question being taken, the motion was carried. lil... 30 ~ On motion of Councillor Knibb Seconded by Councillor Murray . RESOLVED that the letter from the Federation of Acadian Credit Unions Limited submitting a copy of a resolution adopted at its general meeting on April 30th last, reQuesting that Council take this resolution into consideration and inviting Council to consider the credit bureau in the City as its financial institution for business matters -- be received and filed. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". ...,. On motion of Councillor Schermerhorn Seconded by Councillor Poley I RESOLVED that the letter from the Mr. Pierre Drolet, Class Secretary of the Environmental Law Course at the University of New Brunswick - Saint John Campus, regarding a presentation of representatives of this class at Council's meeting of June 13th last with respect to the control of dog deposits in the City, advising that, as this class'terminates on June 30, 1983, there is insufficient time to correspond with other cities with regard to the enforcement of by-laws relating to this matter, and suggesting that this matter be referred to the City's Environ- ment Committee reQuesting members of same to make inQuiries with respect to enforcement procedures -- be referred to the Environment Committee. ' Question being taken, the motion was carried. III On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that the letter from Anderson-McTague & Associates Ltd. regarding its proposal to the Property Manager 'with 'respect to the aCQuisition and conversion into a useful business premises of a building on Prince William Str~et, which would be the company's Bicentennial project; stating that its initial proposal was dated May 16th with a one-month time limit and expressing its wish to re-initiate this matter under whatever procedure the City should desire -- be referred to the City Manager for negotiation and report to Council. . Mr. McDermott advised that a report on this matter will be forthcoming at Council's next meeting. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter and petition from the Spruce Lake Ratepayers Association requesting to have the railway crossing at Spruce Lake/Lorneville Road upgraded ~- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 1 On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Saint John Dodgers Senior Baseball team reQuesting a grant in the amount of $1,000.00 with respect to its participation in the Atlantic Regional Tournament to be held 'in Corner Brook, Newfoundland, July 14 to 17, 1983 -- be referred to the grants committee. Councillor Murray advised that the above team has withdrawn its application for a leave of absence from the N.B. Senior Baseball League. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the application of zoning of property near Grand Bay be referred to the Planning Advisory recommendation and that the necessary advertising be authorized. Food City Limited for re- Committee for a report and Question being taken, the motion was carried. Read a letter from McKelvey', Macaulay, Wl.chum, Solicitors for Saint John Heritage Trust III Inc., noting that the license with the City for the purpose of enabling members of Saint John Heritage Trust Inc. to enter the Chipman Hill properties in order to conduct clean-up operations and related activity expired at midnight on June 20th last, reQuesting the City's permission to extend this License, which would in any event expire upon any formal transfer of these properties to the said Company. On motion of Councillor Knibb Seconded by Councillor Gould III RESOLVED that Common Council extend permission to Saint John Heritage Trust Inc. to enter the Chipman Hill properties for the purposes previously agreed upon for a period of one month. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the application for grant assistance from the Saint John Youth Hostel with respect to the operation of a youth hostel for travellers during the . summer months -- be referred to the grants committee. ~ ,.... -31 Question being taken, the motion was carried. . The Mayor, replying to a Query of Councillor A. Vincent, advised that the grants committee meets every Monday; On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 1 tkr~. VJ,Ra(-/ ammon Clerk 1 At a Common Council, held at the City Hall in the City of Saint John, on Monday, the fourth day of July, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - . Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Winch, Deputy Commissioner of Community Planning; D. Buck, Deputy Commissioner of Housing and Renewal Services; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; D. J. French, Director of Personnel; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; R. Thompson, Chief of Rehabilitation Services; W. McCluskey, Housing and Renewal Services; J. Baird, Planning Branch; R. Adams, Property Management Branch; K. Galbraith, Administrative Assistant to the Mayor; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. 1 Reverend Dr. Brian G. Sheehan, Chancellor of the Roman Catholic Diocese of Saint John offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Murray RESOLVED that minutes of the meeting of Common Council, held on June 27th last, be adopted. Councillor Poley Questioned the status of the report, which was to be submitted at this meeting as indicated in the above minutes, regarding the letter from , Anderson-McTague & Associates Ltd. Mr. McDermott advised that, due to lack of time, this report was not prepared, however, it will be forthcoming at Council's next meeting. 'Question being taken, the motion was carried. . Her Worship the Mayor referred to the recently-announced awarding of a portion of the Federal Government frigate program to the Saint John Shipbuilding & Dry Dock Co. Ltd., as well as to the $1.6 million Federal grant for construction of the Church Avenue Overpass, and the $700,000.00 approved by the Federal Government with respect to the Residential Rehabilitation Assistance Program. The Mayor noted that the U.S. Marine Band is present in the City for participation in Tattoo 200, arid she advised that a special meeting of Council will be held on Saturday, July 9, 1983, at ,2:00 o'clock p.m. for the purpose of conferring the Freedom of the City upon the Royal Canadian Regiment. ' ' (Councillors Gould and A. Vincent entered the meeting during the foregoing remarks.) 1 On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the agreement with Balemans Holdings Ltd. with respect to the Old Post Office Building, which was considered by Council at its meeting of June 13th last, recommending that this agreement be amended in accordance with the following changes in the wording of same and that authority be given to the Mayor and Common Clerk to execute the amended agreement and any other documentation necessary in this regard:- 5(d) to read: "To provide a Performance Bond to the City in the amount of One Hundred and Fifty Thousand Dollars ($150,000) or such other security which, in the opinion of the Commissioner of Finance, would be of equivalent value, to cover the complete rehabilitation of the Old Post Office Building. The Performance Bond shall be acceptable to the City and shall be issued by a sat{sfactory Guarantee Surety Company authorized to carryon business in the Province of New Brunswick. The Bond, or other security of eQuivalent value, shall remain in force and effect until the rehabilitation of the Old Post Office Building has been completed."; and 9. to read: "The closing of the transaction anticipated hereby shall oscur as soon as possible after the Purchaser has acquired the Performance Bond or other acceptable security described in Paragraph 5 hereof and at that time the Performance Bond or other acceptable security together with the purchase price shall be delivered to the Vendor in exchange for a registerable deed to the property." -~ be received and filed and the recommendation adopted. . Question being taken, the, motion was carried. .... ,32 ~ On motion of Councillor Schermerhorn Seconded by Councillor Murray , RESOLVED that as recommended by the City Manager, Common Council adopt the application to amend the North End Urban Renewal Scheme Agreement entered into on November 28, 1968 and subsequently amended on October 14, 1980, which seeks to increase the cost of the implementation stage of the Scheme from $29,407,875.00 to $34,591,484.00; to extend the length of the agreement from the 28th of November 1983 to the 28th of November i984; to increase the loan available to the City by $1,516,327.00, and to make application to Canada Mortgage and Housing Corporation through the Province of New Brunswick who are a party to the agreement. . Mr. Buck, replying to Council queries, explained briefly the background and nature of the above agreement, as well as the accounting procedures used by staff to maintain records of expenditures which must be approved for payment by the tri-level committee, and the City Centre Improvements budget included in the above correspondence which indicates both actual and estimated capital expen- ditures for the various projects therein as of June 1983. Mr. Buck noted that, although there is a consensus of agreement with Canada Mortgage and Housing, there is no guarantee that the Federal Government will approve the above application. The matter of overexpenditures on and Quality of various City Centre Improvements projects was discussed, as was the provision for the eventual closing out of the program at the termination of the ground lease and the City's involvement in City power and telephone facilities. I Question being taken, the motion was carried with the Mayor and Councillor A. Vincent voting "nay". 1 On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that as reQuested by the City Manager, authorization be granted for the following expenditure of funds regarding Tattoo 200:- (a) a reception on July 7, 1983, prior to Provincial Night, for approximately 75 persons; (b) a reception on July 8, 1983, prior to Civic Night - at a total cost for (a) and (b) of $2,250.00; and (c) a civic reception and luncheon for the Countess Mountbatten on July 11, 1983, at a cost of $1,500.00. A brief discussion ensued regarding the cost per person and type of reception insofar as (a) and (b) above are concerned, and it was, noted that these functions will be held at the Union Club. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt June 23, & 24, 1983 $15,881.90 - supply of asphalt June 27-29, 1983 $18,639.91 Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding admin~' istrative changes in the Animal Rescue League and advising that this organization has received a Federal Government NEED grant which will allow necessary changes to be made to the building which houses the pound -- be received and filed. The Mayor questioned the extent of the weekend services provided by the Animal Rescue League. Mr. McDermott noted that he will provide a complete report concerning the Animal Rescue League following the forthcoming meeting with this group.' Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting information regarding the designation of the North End II area as a Residential Rehabilitation Assistance Program (REAP) area, which includes the area from the Pokiok Road, Belleview Avenue and Adelaide Street as indicated on the submitted map; advising that 'it is necessary for Canada Mortgage and Housing Corporation and the City to work out a proper rehabilitation delivery schedule which will 1 enable the City and CMHC to plan RRAP activity in the new area in the immediate future, and recommending that Council welcome the addition of this new area to the previously-designated REAP areas in the City of Saint John -- be received and the recommendation adopted, and that a teach-in regarding this program be arranged for Common Council members. Mr. Thompson briefly explained the purpose of the above program and the, funds available therein to homeowner-occupiers. The Mayor referred to a certain section of Rockland Road which is situate outside the boundaries designated for REAP funding and Questioned the reason for this area once again being excluded from the program; Mr. Thompson' advised that the City is permitted to 1 expend 10% of its REAP budget in houses located outside of designated areas and that a number of applications have been received from that particular area. Councillor Poley concurred with Councillor A. Vincent's suggestion that the entire City should be designated as a REAP area and he suggested that a presentation be made to the Federal Government in this regard. During ensuing discussion, the Mayor reQuested the City Manager to arrange a teach-in on'this program for Council at its next meeting in Committee of the Whole. " Question being taken, the motion was carried. Her Worship the Mayor noted that Mr. J. Fennell, President of Local No. 771, I.A.F.F., was present in the Council Chamber and she expressed the understanding that a settlement has been reached . between the City's negotiating team and this Union, the details of which will be considered by Council in Committee of the Whole later this date. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted ~ ,..... 33 application of Mary Ann Coughlan have been completed and that the required waiting period for objections expired on June 29th last, ,and no written objections have been received. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Mary Ann Coughlan for an amendment to the Municipal Plan, and re-zoning of property located at 140-142 Waterloo Street, be referred to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertis- ,ing in this regard, with the public hearing to be held on August 8, 1983. Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public 'presentation regarding the submitted application of the Saint John Regional Hospital have been completed and that the reQuired waiting period for objections expired on June 29th last, and no written objections have been received. Consideration was given to a letter from the Saint John Regional Hospital requesting to withdraw its application with respect to the above property as it has terminated its option to purchase the subject property. 1 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Cameron's Welding Ltd. have been completed and that the required waiting period for objections expired on June 29th last, and that a written objection has been received from t?e Lower West Side Neighbourhood Committee. Consideration was given to the above-mentioned letter from the Lower West Side Neighbourhood Committee reQuesting that the proposed amendment to the Municipal Plan and the re-zoning of the subject property not be approved as this is considered contrary to the Lower West Side Neighbourhood Plan which was presented to Council in March 1983. The letter notes that this property is situated on a street which is characterized by well-maintained homes, and the proposed amendment and re-zoning would not be in the interests of the neighbourhood, and expresses the hope that in time the present non-conforming use, that of a welding shop, will be replaced with a dwelling or use more in keeping with the residential nature of the area. The letter reminds Council of its resolution of March 7th last that a meeting would ,be arranged to discuss the said Plan with representatives of the Lower West Side Neighbourhood Committee. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the application of Cameron's Welding Ltd. for an amendment to the Municipal Plan, and re-zoning of property located at 93-97 Winslow Street, be referred to the Planning Advisory Committee for a report and recommendation, and that authoirty be granted for the necessary advertising in this ,regard, with the public hearing to be held on August 8, 1983. Councillor Knibb',noted ,thathecsenved on the',Lower West, Side Neighbourhood Committee and that he and several members thereof took exception to the identification of non-confirming uses in the subject area that the remainder of the said Committee wishes to eliminate. Mr. Winch concurred that a minority of the members of this Committee did take exception to the recommendation in this regard contained in the above- mentioned Plan. . Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments,to the Municipal Plan, the, necessary advertising and public presentation regarding the submitted application of Mr. Norman E. Smith have been completed and that the reQuired waiting period for objections expired on June 29th last, and that written objections have been received from Donna and Steve Varga, Mr. and Mrs. Fred Jones, Dr. and Mrs. R. L. Smith, William Reynolds, Walter and Elizabeth Cann; Dr. and Mrs. Frederick G. Bullock, and Margaret Frank. ' 1 Consideration was given to the above-mentioned letters objecting to the proposed amendment to the Municipal Plan, based on the following reasons:- the area concerned is a residential neighbourhood and the proposed re-zoning could detrimentally affect the value of other properties therein; the subject site is situate on a blind knoll thereby creating a traffic hazard with traffic turning into and out of a business established thereon; the subject site freQuently floods in the spring and fall, and as well there are inadeQuate water and sewerage facilities thereon. On motion of Councillor Schermerhorn 1 Seconded by Councillor Davis RESOLVED that the above correspondence be received and filed. . , Councillor Knibb expressed the opinion that a person should, in all fairness, be allowed 'the opportunity for an application of this nature to go through the normal process of referral to the Planning Advisory Committee, public advertising and a public hearing scheduled at the appropriate time. Councillor Vaughan Questioned whether a person would be permitted to construct a building on 'the subject site in view of the alleged water problems to which Mr. Johnson replied that,io,the best of his knowledge, the Building By-Law would not prevent a person from building thereon, however, depending On the proposed use of the subject site, and whether or not the Provincial Department of Health would approve a septic system, the Zoning By-Law may be applicable. Mr. Winch noted that Planning staff has not had an opportunity to review the above application, therefore, to determine whether the septic system is adequate would have to be discussed with the Department of Health. Question being taken, the motion was lost with Councillors Flevwelling, Gould, Knibb, Murray, Vaughan and A. Vincent voting "nay". ll.. 341 ~ On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that the application of Mr. Norman E. Smith for an amendment to the Municipal Plan, and re-zoning of property located at 1138 Rothesay Road, be referred to the Planning Advisory Committee for a report and recommendation, and that the necessary advertising be authorized, with the public hearing to be held on August 8, 1983. . Question being taken, the motion was carried with Mayor 'voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the correspondence from the lower West Side Neighbourhood Committee and the residents of the Rothesay Road area be received and filed. 1 Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John I The Committee of the Whole reports Your Committee begs leave to report that it sat on June 27th, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, M. Vicent and ,A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, authority be granted for the purchase of 6,103 sQuare feet, more or less, of property on Sandy Point Road from Mr. James Whittaker, for the amount of $8,000.00, such property being reQuired for planned improvements 'to Sandy Point Road at its intersection with Phase II of the North/South Arterial. ' . 2. That, in addition to the present Directors of First L.D.H. Ltd., the Common Clerk be given a proxy to vote for the following persons as Directors at the annual meeting of shareholders of the said Company, namely: Councillors Poley, Schermerhorn and Vaughan, and that authority be granted for the transferring of one common share 'to each Councillor so elected, to the Board of Directors, not already in possession of same. Saint John, N.B. 4 July, 1983 (sgd. ) Respectfully submitted, Elsie E. Wayne C h air man. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted. I Mr. Adams, replying to a query of Councillor A. Vincent, advised that he does not have the assessed value of the above property as it is only a portion of a larger parcel of land, however; the subject property has been appraised at $5,200.00. Mr. McDermott, in compliance with a reQuest of the Mayor, advised that he will provide additional information in open session of Council when matters of the above nature are being considered in the future. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by 'the Planning Advisory Committee, Common Council assent to the necessary subdivision plans with respect to the proposed widenings of the Sproule Road. Question being taken the motion was carried. 1 Read a letter from the Planning Advisory Committee submitting a staff report which describes a proposal to establish a medical office in residential zones, as well as the property on which and the area in which the use would be located, and recommending that Common Council authorize advertising, set a date for a public hearing, and amend the Zoning By-Law by deleting medical and dental offices as conditional uses in the conditional uses in the "R-2" zone. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the necessary advertising be authorized for the above-proposed amendment to the Zoning By-Law, with the public hearing to be held on August 8,1983. Question being ctaken, the motion was carried. Councillor Knibb noted that the redraft of the Zoning By-Law is to be considered later in this meeting and made the observation that the above resolution is already proposing a change therein, and he Questioned the reason for the above recommendation to delete medical and dental offices as condi tional uses in "R-2" zones. The Mayor reQuested an explanation for the delay of the said . redraft being presented to Council in view of its preparation date of June 1982. Mr. Winch advised that the Zoning By-Law rewrite is basically not a review of policy but a review of technical points, and he proceeded to explain the Planning staff's position in the above matter as indicated in the submitted report. Discussion ensued, however, Councillor Gould pointed out that there was no motion on the floor. ~ ,.... 35 On motion of Councillor Schermerhorn . Seconded by Councillor Flewweliing', RESOLVED that the letter from the Planning Advisory Committee regarding parking in the uptown area of the City, submitting a copy of a staff report which considers the matter of a parking deficiency with respect to a new restaurant at 1 Hazen Avenue, as well as the money-in- lieu alternative suggested by the Parking Commission, to help pay for new'public parking structures and lots, where reQuired off-street parking ,cannot be provided by individual developments as well as a copy of a report containing the background and strategy of the Municipal Plan review with respect to parking in the uptown area of the City, which was previously presented to Council in the fall of 1982; further advising that staff has been requested to review the existing Zoning By-Law standard for parking in the uptown area, and recommending that Common Council consider the elaboration of its overall policy and plan for parking in the uptown area of the City, which would include not only projections for long-term parking needs and site locations to meet these needs, but also other important matters such as standards and objectives, zoning reQuirements and variances, and financing, including fee-in-lieu contribution --,be received and filed and the recommendation adopted. 1 A brief discussion ensued during which time the Mayor noted that there will be a teach-in for Council members with the Parking Commission and that this matter can be brought forward at that time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I Read a'letter from the Planning Advisory Committee submitting a copy of the redrafted Zoning By- Law for Council's consideration. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the Planning Advisory Committee, the necessary advertising with regard to the redrafted Zoning By-Law be authorized, with the public hearing to be held on August 22, 1983. . Her Worship the Mayor reQuested the City Manager to arrange a teach-in on the above matter for Council members, and Mr. Winch suggested that, as the above is a major discussion report, it could prove feasible to have participation with, Council in this regard in order to determine its opinions on the issues therein. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the notice from the Liquor Licensing Board advising that the application of Doug's Roast Beef Ltd. for a dining room license with respect to premises at 112 Prince William Street, will be heard on July 8, 1983, be received and filed. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray , RESOLVED that the letter from Heritage Trust of Nova Scotia regarding the proposed demolition of 5-7 and 9-11 Prince William Street, urging Common Council to give very careful consideration to whether the buildings themselves would not be more valuable to the City than the limited additional parking that would be provided by their demolition -- be received and filed. Her Worship the Mayor advised that, although a formal announcement will be made by the Federal Government, it is her understanding that $364,000.00 has been allocated to Saint John Heritage Trust and the City of Saint John through the NEED Program with respect to the above properties. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Charles Jenkins inQuiring as to the possibility of purchasing a parcel of land adjacent to his property at 183 Millidge Avenue -- be referred to the City Manager for a report and recommendation. Question being taken, the motion w~s carr~ed. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Lloyd M. Betts regarding the possibility of reviving, in mid-September 1983, the practice of holding one_half hour Cable ,6 television series with the Mayor and Councillors, as well as City staff if considered appropriate, immediately following each sitting of Council, or to be taped later in the week at the Cable 6 studio -- be received and filed. I Her Worship the Mayor noted the presence in the Council Chamber of Mr. Betts and she Questioned if Council wished to invite him to address the above matter at this time. The 'matter of an appropriate time for'such sessions, as well as the method adopted by a previous Council for holding same, were discussed, and several Council members expressed opposition to taking no action on the above suggestion as it could prove a worthwhile means of keeping the public informed of various City issues. Question being taken, the motion was carried with the Mayor and Councillors Murray, Poley and Vaughan voting "nay"., . Her Worship the Mayor re-iterated the details regarding the special meeting of Common Council scheduled for Saturday, July 9, 1983, and commented briefly on the July 1, 1983 Canada Day celebrations in the City and commended the members of the subject committee for their efforts in planning the events of the day. Councillor Knibb suggested that Council should discuss at some future time the annual report of the Harbour Bridge.Authority, copies of which we+e forwarded to Council members as an information item. .... 36 ~ On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned and that Council . meet in Legal Session. Question being taken, the motion was carried. L(k;Aj CA. '~~ti I At a Common Council, held at the City Hall in the City of Saint John, on Friday, the eighth day of July, A.D. 1983, at 6:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent I - and - Messrs. A. G. McDermott, City Manager, and J. Nugent, Solicitor. The Mayor advised that the purpose of this meeting is to consider a recommendation of the City Manager that Mr. J. Claude MacKinnon, Commissioner of Engineering and Works, be suspended with pay. On motion of Councillor Schermerhorn . Seconded by Councillor Poley RESOLVED that as recommended by MacKinnon, Commissioner of Engineering and Works of the City of Saint pay pending the completion of an investigation by the City Manager of of Mr. MacKinnon and the administration of his Department: the City Manager, Mr. J. Claude John is hereby suspended with the conduct and alleged improprieties AND FURTHER that during Mr. MacKinnon's suspension Mr. Nicholas Barfoot is hereby appointed to act in his stead. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question heing taken, the motion was carried. C(k4f ({jt}l,"o/~ At a Common Council, held at the City Hall Plaza in the City of Saint John, on Saturday, the ninth day of July, A.D., 1983, at 2:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn and Vaughan. The Common Clerk stated that this special session of Common Council was convened to formally confer the Freedom of the City on The Royal 'Canadian Regiment. On motion of Councillor Davis I Seconded by, Councillor Flewwelling RESOLVED that the following resolution be adopted, namely:- "WHEREAS The Royal Canadian Regiment has, since its founding in New Brunswick in 1883, served Canada, the Commonwealth and the United Nations with honour and distinction in both peace and war; and WHEREAS The Royal Canadian Regiment has reached the centennial of service to our beloved Canada; and 1 WHEREAS The Second Battalion of The Royal Canadian Regiment is now stationed near the Saint John area; and WHEREAS all ranks of The Royal Canadian Regiment continue to exhibit the highest standards of military discipline and preparedness; and WHEREAS in recognition of the high esteem the citizens of Saint John hold the said Regiment, and in memory of all ranks of the said Regiment who gave their lives in service of their country, the Common Council of The City of Saint John is desirous of conferring the Freedom of the City on The Royal Canadian Regiment: . THEREFORE BE IT RESOLVED that the Common Council, in formal session assemhled, does hereby confer in perpetuity upon d' , t h t f The Royal Cana lan Regiment the right to ~arch hroug the stree s 0 The ...4 ~ 31 City of Saint John with bayonets fixed, drums beating and Colours flying, in particular recognition that the record of The Regiment' evokes the highest degree of admiration and has earned the highest degree of honour.". . Question being taken, the motion was carried. Mayor Wayne presented Lieutenant-Colonel M. G. O'Brien, CD, Commanding Officer of The Second Battalion of The Royal Canadian Regiment, a certificate of the Freedom of the City, suitably framed. Whereupon members of The Second Battalion of The Royal Canadian,Regiment marched past the reviewing stand with the Regiment's colours flying, bayonets fixed and drums beating. I ~~~r I At a Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of July, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent' -~- . Messrs. A. G. McDermott, City Manager; N. Barfoot, Assistant City Manager; D. ,Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; P. Clark, Fire Chief; J. Dunham, Deputy Police Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; M. Hanlon, Purchasing Agent; R. Adams, Property Manage- ment Branch; K. Galbraith, Administrative Assistant to the Mayor; Ms. P. O'Reilly, Solicitor; and Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend L. Petrie of Saint James Anglican Church offered the opening prayer. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on July 4th last, be adopted. Question being taken, the motion was carried. Her Worship the Mayor extended an expression of sympathy on behalf of Common Council to the family of the late Mr. Thomas Joyce, a member of the Fire Department, whose death occurred on July 8th last. The Mayor noted that the ,final performance of Tattoo 200 is scheduled for this evening and that Countess Mountbatten will be present for the closing ceremonies thereof. . Mr. T. W. Hutchinson presented, on behalf of the Kinsmen Club of Saint John, two C.P.R. training dolls to the Saint John Police Department. Deputy Dunham and Staff Inspector T. Breen accepted, with thanks, this eQuipment on behalf of the Police Department and Staff Inspector Breen noted that the Police Department has at least 130 employees fully trained in C.P.R., and that it can conduct classes of 12 persons each with the trained instructors within the Department. Public presentation was made 'of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating a parcel of land located on the westerly side of Eldersley Avenue approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950) which has a frontage of 75 feet and a depth of 200 feet, from Low Density Residential to District Centre Commercial classification, to allow re-zoning of the parcel to "B-2" General Business classification to permit the establishment of a motorcycle repair business, as reQuested by Mr. Roger Dempsey. 1 Read a letter from Mayor Wayne advising that it is her understanding that the Historic Sites Board of Canada will soon consider the reQuest of The Saint John Bicentennial Inc. for the development of Partridge Island as a Bicentennial park. On motion of Councillor Gould I Seconded by Councillor Flewwelling , RESOLVED that the Common Council of the City of Saint John go on record as supporting The Saint John Bicentennial Inc. with regard to its request to the Historic Sites Board of Canada for the development of Partridge Island as a Bicentennial Park. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Gould regarding the scheduling of Common Council meetings for the remainder of July and for August 1983. On motion of Councillor Gould . Seconded by Councillor Murray RESOLVED that Common Council meetings for the remainder of July and for the month of August 1983 be held on the following dates, namely:- July 25, August 8 and August 22. Councillor Knibb expressed opposition to the above resolution on the basis that to defer meetings in this manner could result in very lengthy Council meetings and perhaps resultant hasty and unwise decisions. The Mayor and Councillor Schermerhorn also spoke in opposition to the above resolution. ~ 38 ~ (Councillor A. Vincent entered the meeting during the foregoing discussion.) Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Schermerhorn and A. Vincent voting "nay". . Read a letter from Councillor Knibb regarding the Saint John Harbour Bri~e, urging Council to address the matter of the possible forgiveness by the Federal Government of the twenty-seven million dollar debt and the conseQuent removal of the tolls as, in, his opinion, to reQuest this forgiveness of the Federal Government at this point in time might well jeopardize requests from the City for other financial assistance with respect to the Canada Summer Games, the over-run on the Market SQuare Complex, etc. Councillor Knibb suggested that, as it is his understanding that certain negotiations are currently underway which involve matters other than the Harbour Bridge indebtedness, the above matter not be debated at this time. I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above letter from Councillor Knibb be received and filed. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". 1 On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED following invoices, - supply of asphalt Dept.) eQuipment rental Dept.) equipment rental granted for payment of the Stephen Paving (1982) Ltd. D. Hatfield, Ltd. - (Works - (Water that as recommended by the namely:- June June June City Manager, authority be 30-July 6, 1983 15-30, 1983 15-30, 1983 $28,256.40 21,930.33 $ 7,380.53 Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. MusQuash Pumping Station - floodproofing and related electrical modifications Norman W. Francis Limited Making modifications to existing pumping station to prevent flood damages to electrical eQuipment, etc. Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated June 27, 1983 Final release of holdback $79,325.00 79,325.00 Nil 76,945.25 $ 2,379.75 1 2. Riverview Drive, Winslow Street - sewer renewal; HorsIer Drive - installation of catch basin; Meadowbank Avenue - 8" watermain J. K. Construct in Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated June 10, 1983 Final release of holdback . $68,335.50 65,139.15 Nil 58,718.53 $ 6,420.62 3. King Street sewer renewal Fairvale Construction Ltd. Current budget allotment Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated June 4, 1983 Final release of holdback 1 $94,079.79 94,079.79 Nil 91,257.40 $ 2,822.39 Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager submitting a copy of a proposed agreement with Dominion Electric Protection Company for the installation of a new data retrieval system for the display and printout of pre-planned Fire Department information, such system representing a major advance in information availability for the Fire Department and being installed in Saint John as a pilot project, advising that this agreement provides that the said Company will provide and maintain the eQuipment at no cost to the City, and in return the City will give the said Company an exclusive right to this type of equipment in the Fire Department Control Centre; further advising that this agreement is for a period of six years with a one-year notice of termination by either party, and recommending that the Mayor and Common Clerk be authorized to execute this agreement -- be received and filed and the recommendation adopted subject to approval of the agreement by the Legal Department as to legality and form. . ....4 ,.... '3'9 . Councillor Knibb made the observation that, by approving the above-proposed agreement, Dominion Electric Protection Company would be given a monopoly in the sense that all City businesses that want this type' of protection would have to purchase its eQuipment from this company. Chief Clark advised that more than one company was approached with regard to this proposal in order to develop this system at no cost to the City, and he distributed copies of a pre-planning report to Council members and explained briefly the procedure involved with respect to this data retrieval system. The Mayor noted that, in section (b) of the proposed agreement, the word "Company" should be substituted for the word "City". Question being taken, the motion was carried with Deputy Mayor Davis voting "nay". On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tenderer, namely Fundy Fencing Limited of Saint John, N. B., be awarded the contract for chain link fencing, in the amount of $46,494.84. Mr. Armstrong, replying to queries of Councillor M. Vincent, listed the various areas where the above fencing will be constructed and confirmed that all projects concerned, to the best of his knowledge, are within the Recreation and ,Parks capital program. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the requests to purchase City-owned land received from Mr. Eloi J. Robichaud with regard to land on,St. John Street, and from J. D. Irving Ltd. with regard to land on Milford Road, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. . (Councillor Flewwelling withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Memorandum of Understanding between the City of Saint John and the Saint John Fire Fighters' Association, Local Union No. 771, I.A.F.F., be ratified by the City of Saint John. I At the reQuest of the Mayor, Mr. N. George, Chief Negotiator for the City, read the above- mentioned Memorandum of Understanding, as well as the reply to same from Local 771, and, replying to a query of Councillor Gould, advised that the $1,950.00 increase for both 1983 and 1984 represents a fractionally- higher percentage increase than that reached with the 3 other civic unions. The Mayor suggested that the matter of arbitration being agreed to by the Provincial Department of Labour when there were as many as 31 outstanding items remaining to be negotiated, as in the case with Local 771, is one that should be discussed in detail with the said Department. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the offer from Mr. Gary Black to sell land in Silver Falls to the City, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, A.D.I. Limited be retained to carry out inspection services for asphaltic concrete, as well as for laboratory services for concrete test cylinders, for the 1983 'construction programs. 1 Mr. Armstrong, replying to Council Queries, explained that the eQuipment purchased, as noted in the above-submitted report, is for concrete testing in the field, and that a substantial monetary saving is anticipated by having City staff perform the on-site testing as the expenditure related to stand-by time for company technicians will be eliminated, and he noted that the $40,800.00 referred to in this report is with respect to only the asphalt testing. Mr., Armstrong explained the reason for reQuesting proposals, rather than calling tenders, on the above project, and the Mayor and Councillor Vaughan expressed the opinion that, when a project of this expenditure is involved, tenders for same should be called. Councillor Vaughan proposed that the above matter be tabled pending additional information, however, this motion was not seconded. Question being taken, the motion was carried with the Mayor and Councillor Vaughan voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the ,City Manager, the name "Wall Street'Bridge" be adopted for that section of highway between Garden Street and Paradise Row, and that the name, of the existing Wall Street be changed to Rockland Road. Deputy Mayor Davis expressed opposition 'to the above-proposed motion as he can see no reason for perpetuating the name "Wall St;eet" on a bridge when the street by that naIDe is no longer in existence. Question being taken, the motion was carried with Councillors Davis, 'Gould and Murray voting Ilnay". . ,Ii.: '.~ :", . , ' :: ..........-- .... 40 ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding properties at 21-23 and 25 Coburg Street, the demolition tender for which was tabled at Council's meeting of June 20th last, stating that, if these properties are to continue as housing rather than be developed as parking, the preferable alternative is to put the properties up for sale, and recommend- ing that the previous recommendation be lifted from the table and all tenders rejected, and that the properties be advertised for sale -- be received and filed and the recommendation adopted. . Councillor A. Vincent Questioned the legality of the proposed action in view of the above properties having been purchased for the Parking Commission, whereupon Mr. Wilson advised that the deduction from the Parking Commission's budget has not as yet been made for the price of these buildings, therefore, in his opinion, such properties are owned by the City. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by Mr. John L. Nugent, Solicitor, commencement of the necessary legal action to recover the cost of demolition of the following properties be authorized, namely:- 17-23 Richmond Street - $7,000.00; 45-47 Winter Street - $1,940.00; I and 271 Rockland Road - '$3,605.40. Question being taken, the motion was carried. 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 begs leave to report that it sat on July 4th, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the reQuest of the Saint John Dodgers'Senior Baseball team for financial assistance regarding its participation in the Atlantic Regional Tournament in Corner Brook, New- foundland from July 14th to 17th, 1983, a grant in the amount of $1,000.00 be approved. 2. That the request of the Saint John Youth Hostel for financial assistance regarding the operation of a youth hostel for travellers for a period June 17th to September 30th, 1983, be denied, and that the suggestion be made to this group to contact the Royal Canadian Legion, Branch No. 14, in this regard. 1 3. That as recommended by the City Manager, a parcel of land on the east side of Millidge Avenue, having a frontage of 200 feet and a depth of 400 feet, containing approximately 2 acres, as shown on the submitted plan, be sold to A. C. Nielsen Company of Canada Ltd. for the sum of $92,000.00, with an option for the City to repurchase the subject property at the same price within two years, if the proposed expansion of the said company does not occur on the subject site. 4. That as recommended by the City Manager, approval be granted for settlement of compensation regarding property located at 58 Union Street, owned by Kent Line Limited, as follows: (1) an amount of $65,000.00 in return for a release from the Company of any and all claims they may have against the City in this regard; (2) the appraisal fees incurred by Kent Line Limited for the said property, in the amount of $1,284.50, be paid by the City; and (3) Kent Line Limited be paid an amount in addition to the sale price that is equal to a rate of return of 12% per annum on the difference between $65,000.00 and the tendered price, such interest to be calculated from the date of expropri- ation to the date of final payment. . Saint John, N. B. 11th July, 1983 Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be adopted. 1 Councillor Knibb noted that the national senior baseball tournament will be held in Saint John next year. Councillor Schermerhorn spoke in opposition to the above motion on the basis that it does not meet the criteria set out in the grants policy. Question being taken, the motion was carried with the Mayor and Councillors Gould and Schermerhorn voting "nay". The Mayor requested that section 2 of the above report be tabled until Council's next meeting at which time she will place a copy of a letter she has received from this group in the Council kits. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 2 of the above report be laid on the table until the next meeting of Council. Question being taken, the tabling motion was carried. . ~ ".... ~.1 - On motion of Councillor Knibb . Seconded by Councillor Schermerhorn 'RESOLVED that section 3 of the above report be adopted. Discussion ensued during which time Councillor A. Vincent requested assurance from the City'Manager that the subject property will not become a parking lot, whereupon Mr. McDermott advised that he cannot give such assurance at this time as this is dependent upon this group's decision as to where it will locate the extension to its premises. Councillor Murray suggested that, in future, matters of this nature be submitted' i to the Planning Department for review with which the City Manager concurred. The Mayor reQuested Mr. McDermott to have Planning staff prepare a report with respect to the remainder of the property in this area. .1 Question being taken, the motion was carried with Councillors Murray and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Environment Committee, the resignation of its Vice-Chairman, Mr. Rene Cormier, be accepted with regret and that he be thanked for his contribution to this Committee: AND FURTHER that the matter of the appointment of two members to the Environment Committee, one to replace Mr. Cormier and one to fill a present vacancy, be referred to the Nominating Committee. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the notice from the LiQuor Licensing Board advising that the application of Reid's Diner Ltd.-for a dining room license r~garding premises at 158 Main Street, will be heard on July 8, 1983, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor M. Vincent RESOLVED that the letter from Dykeman & Co., Ltd. advising that it has property on Rothesay Avenue, which is adjacent to land owned by the City, available for sale or long- term lease -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mr. L. Rocca reQuesting to purchase property located at Pine Avenue and Sand Cove Road --be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the letter from Somerset Park Homeowners Inc. regarding the lack of water pressure in the area requesting that a more detailed study be conducted into the causes of this low water pressure and that a solution be found that will ensure homeowners in the area the same quality of service as is provided all other homeowners and taxpayers in the City of Saint John -- be referred to the City Manager for a report at the next meeting of Council. Question being taken, the motion was carried. I Read a letter from A. Simpson'Construction reQuesting to withdraw its tender for the demolition of buildings located at 5-7 and 9-13 Prince William Street, and for'the' demolition of buildings located at 21- 23 Coburg Street, 25 Coburg Street and a one-car garage at 25 Coburg Street. 1 A motion was proposed that the above letter be received and filed, however, Councillor M. Vincent Questioned if the reQuest therein has been granted and discussion ensued regarding this matter. Mr. McDermott expressed the opinion that this Company is reQuesting to withdraw its tender in order to obtain its deposit cheQue, and Mr'. Johnson noted that Council has rejected the Coburg Street properties tenders, however, the tender for the demolition of the Prince William properties was tabled at a previous meeting of Council. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the request of A. Simpson Construction to withdraw its tender for the demolition of the buildings located at 5-7 and 9-13 Prince William Street, and buildings located at 21-23 Coburg Street, 25 Coburg Street and a one-car garage at 21 Coburg Street, be granted. Question being taken, the motion was granted. On motion of Councillor Schermerhorn . Seconded by Councillor Murray RESOLVED that the applicatiori' of the National Shuffleboard Tournament Committee re~uesting financial support in the amount of $1,000;00 for a civic banQuet on the occasion of its national tournament on October 8, 1983 -- be referred to the grants committee. Question being taken, the motion was carried. .... u; ., Councillor Vaughan noted that the above application refe~s to an attached letter which Council has not received. On motion of Councillor Knibb . ;:/ Seconded by Councillor Gould RESOLVED that the letters from the City Manager regarding the following matters, which were to be considered in Committee of the Whole earlier this date, be added to the agenda and considered at this time:- (1) highway salt; (2) tenders for uniform clothing; (3) Market SQuare hours; (4) Brodie building; and (5) pedway system. Question being taken, the motion was carried. Councillor Vaughan noted that the Canadian Men's Basketball Team, coached by Mr. Jack Donohue, recently won the gold medal at the World University Student Games in Edmonton, Alberta, and she suggested that, in view of Mr. Donohue's having been the guest speaker at the City's Annual Sports Recognition BanQuet on June 14th last, Council should formally congratulate Mr. Donohue in this regard. I On motion of Councillor Vaughan Seconded by Councillor Gould RESOLVED that congratulations be extended to Mr. Jack Donohue and the members of the Canadian Men's Basketball Team for their recent success in winning the gold medal at 1 the World University Student Games in Edmonton, Alberta. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding an offer by Denison Mines Ltd. of free salt under certain conditions as follows:- (1) the City must advise Denison Mines Ltd. of the exact Quantity desired and be prepared to take up to 500 tonnes per, day; (2) the City must be willing to truck 6 days a week, 8 hours a day, and once started, trucking is . to be continuous until the quantity is complete; further advising that, based on preliminary estimates obtained from local truckers and crushers, truckers' rates of $4.50 per tonne and of $2.00 to $3.00 per tonne for crushing at the City's sites would be charged, and stating that, although the City's salt purchase will be lower than last year as there are approximately 3,000 tonnes remaining due to the unusual winter, there are still substantial savings to be had by proceeding immediately with the salt from Denison Mines, and noting that, if this procedure is acceptable to Council, bids will be obtained on trucking and on crushing and will be presented to Council with a recommendation to award -- be received and filed and Council approve the said procedure. Question being taken, the motion was carried. Read a letter from the City Manager regarding the public tender call for uniform clothing clothing which closed June 29,'1983 and for which five companies submitted tenders. The letter advises 1 that staff discussed a closing date of July 6, 1983, however it was decided to have tenders close on June 29, 1983 and at this point in time, the tender documents had been prepared but had not been dis- tributed to suppliers, therefore the tender documents were changed, advertised and distributed to prospective bidders, and the tenders were opened on June 29, 1983. The letter also advises that on July 4, 1983 a sixth tender was received, however, it was returned to the bidder, who called on July 7, 1983 and advised the Purchasing Agent that the tender notice he had received indicated that tenders would be received until July 6, 1983. The letter states that it is obvious an error was made on the City's part in that one of the original bid documents with the incorrect closing date was issued to a supplier, and recommends that all tenders received for uniform clothing on June 29 be rejected and returned, that the record of price bids be destroyed and that tenders for these items be recalled. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, all tenders 'received for uniform clothing on June 29, 1983 be rejected and returned, the record of price bids be destroyed, and that tenders for these items be recalled. . Councillor M. Vincent expressed the opinion that it is unfair to recall tenders for'the above items in view of the prices having been identified of those companies which already submitted tenders on the original tender call, and he questioned what, if any, legal ramifications may be involved if the proposed action is taken by Council. Ms. O'Reilly noted that tender specifications which are dis- tributed to the various companies did indicate that the City was reserving the right to accept or reject any or all tenders submitted., Discussion ensued regarding the late tender received and a motion was proposed, but was not seconded, that this matter be referred to Legal Session for discussion. A 1 brief discussion ensued and Mr. Hanlon explained the possible reason for the above-noted error occurring. "nay" . Question being taken, the motion was carried with the Mayor and Councillor M. Vincent voting Read a letter from the City Manager regarding the operating hours of Market SQuare, noting that an application is reported to have been made on behalf of The Rocca Group to have Market SQuare designated as a tourist area, which if so designated would have the effect of overruling the provisions of The Lord's Day Act with respect to the opening of retail premises on Sunday, which subsequently 1 would place Market SQuare in a favourable competitive position with respect to other retail shopping areas. The letter suggests that, if Council has a say in the decision of the Provincial Government, it should be to the effect that Council is not in favour of such discrimination, and submits a copy ofa letter from the General Manager of Market Square which indicates the firm intention to have no conflict with the provisions of The Lord's Day Act. (Councillor Flewwelling re-entered the meeting.) Councillor Schermerhorn proposed a motion, which was not seconded, that Common Council not support the designation of Market Square as a tourist area. On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that the Provincial Government be advised that the Common Council of the City of Saint John is in favour of the designation of Market SQuare as a tourist aTea. ~ ,..... 43 . Councillor M. Vincent expressed the opinion that the designation of Market SQuare as a tourist area could'be beneficial to other businesses in the City as the increased business to Market SQuare will attract people to the downtown area of the City. CoUncillor Schermerhorn expressed the understanding that, should the subject area be designated as a tourist area, the businesses'therein can remain open until 2:00 o'clock a,.m. which he considers discriminatory to other businesses in the area which offer the same services and are not allowed to remain open, and that it is unfair to isolate the Market SQuare area in that context. Councillor Vaughan stated that the above matter is one which should be handled by the Provincial Government. Deputy Mayor Davis referred to the submitted letter from Market SQuare and noted that there appears to be no intent to be in conflict with The Lord's Day Act, however, there does appear to be a Question with respect to free- flowing pedestrian access from Brunswick Square to Market SQuare as this pedway is currently closed at the Brunswick Square section. The Mayor suggested that, as the matter of the pedway system appears to indicate that negotiation is necessary, the above matter be tabled. 1 On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table. I Councillor Knibb noted that the submitted letter of April 22, 1983 is not that to which Council is attempting to respond, but rather it is with regard to the Provincial Government's reQuest for Council's opinion in the above matter. The Mayor concurred that the Provincial'Government has requested Council's opinion, however, she re-iterated her opinion that the pedway system opening should be negotiated and she expressed concern with the manner in which Council appears to be viewing The Lord's Day Act provisions. Deputy Mayor Davis noted that there is no discussion permitted on a tabling motion and offered to withdraw same. Discussion ensued, however, during which time Mr. McDermott advised that the April 22, 1983 letter from Market SQuare was submitted to Council for information purposes only. Councillor Murray Questioned what the pedway system has to do with designating Market SQuare as a tourist area, and he noted that such areas are common across the country and, as many conventions commence on Sunday, persons attending same may wish to do business on that day upon arrival in the City. Councillor Flewwelling expressed opposition to businesses being open on Sunday, and a brief discussion ensued. . Question being taken, the tabling motion was carried with Councillors Gould, Knibb, Murray and M. Vincent voting "nay". Her' Worship the Mayor called for a motion to 'adjourn as several Council members wished to attend the final performance of Tattoo 200. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 ~f f,f ~//~4 Common Clerk At a Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of July, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent . - and - 1 Messrs. N. Barfoot, Assistant City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; J. Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; R. Adams, Property Management Branch; P. Clark, Fire Chief; J. Dunham, Deputy Police Chief; D. J. French, Director of Personnel; J. Brownell, Assistant Director of Recreation; B. Steeves, Deputy Building Inspector; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Councillor Poley offered the opening prayer. On motion of Councillor Gould I July 8, 9 and 11, 1983, be adopted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meetings of Common Council, held on Question being taken, the motion was carried. Her Worship the Mayor noted that Loyalist Days 1983 commenced members of Common Council who are participating in the celebrations, as Inc. for their efforts in organizing the scheduled events of the week. the members of the Saint John Policemen's Protective Association, Local and won the Bay of Fundy Dory Race between Digby, N.S., and Saint John, activities. on July 17th last and she thanked the well as the members of Loyalist Days The Mayor extended congratulations to No. 61, C.U.P.E., who participated in which was part of the July 17th . The Mayor referred to the Federal Government's announcement earlier this date of the formation of the Industrial and Regional Development Program, and she noted that this program will provide increased levels of funding for which the Saint John area will be eligible with respect to its industrial development projects. .... jQ ~ Read a letter from Mayor Wayne advising that on July 14, 1983, she accepted on behalf of the City and Common Council, a framed print of a photograph dating back to 1894 of the building at 20-24 Water Street which was the location of the Saint John Agency of Labatt's Brewery, represented by J. R. Miller. The letter further advises that this presentation was made by Messrs. P.N.T. Widdrington, President and Chief Executive Officer of John Labatt Limited; and Sidney M. Oland, President of Labatt'Breweries of Canada, as a Bicentennial gift to the City. Her Worship the Mayor thanked Labatt's for this gift, and invited the members of Common Council, as well as the general public, to view this photograph in the'City Hall building. Consideration was given to a letter from Mayor Wayne noting that the Mayor's Task Force on Economic Development recognized an urgent need for a much stronger co-ordinated approach for economic development, submitting the proposed terms of reference for an economic development council, and requesting that, if Council agrees with such terms, they be adopted and the matter referred to the Nominating Committee for appointment of members. On motion of Councillor Schermerhorn \ Seconded by Councillor Davis RESOLVED that the proposed terms of reference for an economic development council be adopted, and that this matter be referred to the NOminating Committee for appointment of members to such council. Councillor Knibb expressed reservation regarding the establishment of the above council in that the Saint John Fundy Region Development Commission Inc., in his opinion, is performing effectively in the area of economic development for the area between St. Stephen and Sussex, N. B. The Mayor advised that she has met with Mr. W. Thompson, General Manager of this Commission, and that it is the intent to have representatives of same on a sub-committee to the above-proposed council, and further that such a council would work in conjunction with the Fundy Region Development Commission towards the improvement and development of the City. A brief discussion ensued during which time Councillor Gould suggested that, prior to the establishment of such a council, the relationship between it and other boards, commissions, etc. in the City should be clearly defined in order to avoid duplication of services. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a copy of a letter from The Honourable J. W. Mombourquette, Provincial Minister of Labour and Manpower, regarding a proposal to amend the Industri~l Relations Act to provide for the maintenance of an appropriate level~of service in the event of a strike by essential employees. The letter from the Province notes that'the Chairman of the Industrial Relations Council contacted the Provincial Municipal Council in 1982 requesting that the municipalities' nominate representatives to discuss this Question, and as well the Premier wrote to the Council in 1983 urging that representatives be sent and giving positive support to the Council as an appropriate I mechanism for discussing such matters, and urges Common Council to take whatever steps are necessary to ensure that the municipalities send representatives to the Council to discuss the Question of essential services. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that Councillor John Schermerhorn be appointed as Common Council's representative to discuss the matter of essential services, as outlined in the letter from The Honourable J. W. MombourQuette, Minister of Labour and Manpower, to Mayor Wayne dated July 7, 1983, and that The Honourable Mr. Mombourquette be so advised. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention that the other, major cities in Atlantic Canada have a policy where preference is given to local firms when engaging professional services, and submitting a copy of the policy adopted by the City of Fredericton, N. B., in this regard, be referred to the City Manager for his review and recommendation to Council. The Mayor requested that, in addition to consulting services, other services in the City's tenders should be reviewed as well in an attempt to utilize local services, and in reply to a Query of Mr. Barfoot, confirmed that Council wishes a report on both consulting and technical services, as well as with respect to local preference being given when purchasing other types of services. Question being taken, the motion was carried. Consideration was given to a letter from Deputy Mayor Davis noting that housing statistics within the City have been seriously affected as the construction of new homes and dwellings has been extremely slow for several years, and the resultant deterioriation in the quality of the stock of dwellings and the economic losses concerned have a detrimental effect 'on the City. The letter expresses the opinion that City Government should become involved in the effort to accelerate the recovery of the housing industry by appointing a committee of community experts in finance, construction and social work to recommend, within a month, the creation of housing policies designed to encourage the investment of private capital in developing housing of all types in the City, such committee being empowered to call for submissions and to hold meetings and hearings in order to obtain the views and opinions of all who wiSh to participate, and to be dissolved upon completion of its mandate at which time another committee would be appointed to operate in the 'manner recommended herein, such committees reQuiring staff thereon. The letter includes proposals with 'regard to membership composition, actions to be taken by such committees, and suggests that the goal would be to identify one or two large areas of land, either owned by the City or easily obtained, which would be serviced and sold to developers, in whole or in part, for the construction of housing, with the plan for the development to be provided by the City and money obtained from the sale of this land to be used to develop another tract. The letter stresses that every aspect of this activity must be carefully and thoroughly planned, otherwise private and public funding agencies will not consider the submissions with the respect that is reQuired to be successful in this project. . I I . 1 . I I . ~ II"""" . <I 1 . 1 . 1 I . ... \A5 Deputy Mayor Davis expressed the oplnlon that Common Council should view the housing situation in the manner in which it would any other massive project and establish a committee of Council and citizens to work toward the resolution of this problem as outlined in the above letter. On motion of Councillor Davis , Seconded by Councillor Flewwelling RESOLVED that the proposal outlined in the above letter from Deputy Mayor Davis with respect to housing be adopted and the matter of membership on the proposed committees be referred to the Nominating Committee. Discussion ensued regarding the proposed membership of the above-noted committees, the objectives of same, and the relationship of the above proposal to Council's proposal to combine its housing groups. Question being taken, the motion was carried. Read a letter from Councillor Schermerhorn recommending that warning slips in lieu of tickets be issued to out-of-Province vehicles parked on City streets which are subject to parking meter violations, such practice to be in effect for the months of July and August and terminating on September 5, 1983. A motion was proposed that the above recommendation be adopted, however Mr. Nugent confirmed that the Parking Meter By-Law would have to be amended accordingly as Council, by resolution, cannot exempt a certain group of persons from the provisions of this By-Law, and following a brief discussion, the motion was withdrawn.' Councillor Gould suggested that, if this By-Law is to be amended, it should be a general amendment covering all persons.' Councillor M. Vincent spoke in favour of Councillor Schermerhorn's intent in this regard as it could prove to be a source of promotion for the City's tourist industry, and he suggested that this ma~ter be referred to the City Manager, Chief of Police and Legal Department to ensure that this proposal is posslble. The matter of revenUe lost, if any, by the adoption of such a practice was discussed and the Mayor re~uested that this be included in,the staff report. Deputy Dunham, in response to a Query of Councillor Flewwelllng, advised that the practice of placing courtesy cards on vehicles terminated approximately ten years ago, however, the Police Department does issue on a limited basis convention stickers to persons attending conventions in the City. On motion of, Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above matter 'be referred to the City Manager and appropriate staff for review and a report and recommendation with respect to a proposed By-Law amendment and revenue loss, if any. Question 'being taken, the motion was carried. Councillor A. Vincent suggested that the above matter should be referred to the Parking Commission for consideration. Read a letter from Councillor Knibb noting that recent figUres of unemployed craftsmen in the Saint John area show that 74% of the total work force of 5,000 men were not at work on July 6, 1983, expressing the opinion that Councillors must address this critical situation, and SUbmitting the following, recommendations for Council's consideration:- (1) that Common Council recognize the need for urgency in generating construction work in greater Saint John, and instruct the City Manager 'and his staff to expedite the following projects: (a) City Market restoration; (b) Modest Rental Housing in Market SQuare; (c) City Centre Improvements _ Charlotte Street should be moved forward from the spring of 1984 to the<fall of 1983; and (d) Saint John Housing Commission rewiring ,and reinsulation of Rockwood Court; (2) that Common, Council urge 'the Canada Summer Games Committee to move fast on construction of the AQuatic Centre and the Track and Field Facility; (3) that Commo~ Council earnestly reQuest the private sector to initiate as many construction projects as possible and follow the example of Mr. P. Rocca with the Hilton Hotel and Mr. Sobey with the Catherwood Street store; and (4) that Common Council urge the Federal and Provincial Governments to recognize the need for more construction work in the Saint John area, and to speed up their plans for major projects. Mayor Wayne reQuested that (l)(c) above be 'referred for consideration in the budget review, and she confirmed that the tender for the aQuatic centre was advertised and noted that the Federal Government has presented the anticipated $1 million with respect to the Canada Summer Games, and she suggested that (4) above is a matter for review by the proposed economic development council 'and housing committees. Councillor Knibb suggested that Council should go on record as recognizing the seriousness of the above matters and indicate its intent to do all it can in this regard and reQuest the private sector 'and other levels of government to do the same,and,he requested that, as (i) is within Council's control, this recommendation be adopted. The Mayor re-iterated that (1) (c) should be withheld pending review with regard to the best time to carry out this project. A motion was proposed to adopt the above recommendations, however '(l)(c) was withdrawn from same following further discussion with respect to funding provision for this project and an appropriate time to commence same. ' , On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the recommendations in the above letter from Councillor Knibb, with the exception of (l)(c), be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that for payment of ,the following invoices,namely:- Stephen Paving (1982) Ltd. - supply of asphalt David C. Francis Co. Ltd. - equipment rental as recommended by the City Manager, authority be granted July 7-13, 1983 June 1-15, 1983 $60,206.61 $ 3,192.00 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the tender of Estey & Co. Ltd. be accepted for the supply of rainwear on a consignment basis for a period beginning from the date of the tender award until July 31, 1984, in accordance with the submitted bid summary. \ ~ 416 Mr. Gabriel, replying to a query of the Mayor, expla~ned the inventory control system currently in place with respect to all clothing issues, including safety boots, and advised that information with respect to the Quantity of rainwear purchased in 1982 will be provided to Council. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the contract for Sand Cove Road, Bayard Drive water and sewer construction be awarded to the low tenderer, Que-Mar Construction (Maritimes) Limited, in the amount of $127,592.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 1 The Mayor expressed concern that, in view of the above company having been the low tenderer and awarded many major City contracts recently, there will be no competitive bidding on future contracts if all contracts continue to be awarded to one company. Councillor Gould pointed out that the purpose of public tendering is to obtain the best price for the project concerned 'and he expressed concern with the implication being made that,'because one company is being awarded tenders, bids within a certain percentage range of the lowest tender should be considered. Question being taken, the motion was carried with the Mayor voting "nay". 1 Read a letter from the City Manager noting that on February 14, 1983, Council granted authority to'lease a portion of the Crane property on Rothesay Avenue for parking purposes on a month-to-month basis at a rental of $1,050.00 per month, such, property comprising 30,000 sQuare feet and required for employee parking for the Works Department. The letter states that, as Council has already been advised, the monthly rental was increased on July 1, 1983 to $1,500.00 per month, however, in order to authorize the payment of this increase, the previous Council resolution must be amended, and recommends that the rental payable on the portion of the Crane property on Rothesay Avenue, which is being used by the City for parking purposes, be increased from $1,050.00 to $1,500.00 per month. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above rental increase not be authorized and that the City Manager be instructed to discuss with the subject company the proposed increase and square foot requirement for parking purposes. . Councillor A. Vincent Questioned the need for the 30,000 square feet of parking space in view of the number of vehicles utilizing'same, and he expressed opposition to the proposed increase in rent on the basis that, as it represents an approximate 42.78% increase, it is far in excess of the Federal Government's suggested 6% and 5% guidelines. Discussion ensued during which time several Council members expressed concern with respect to the amount of the rental increase and Councillor Poley suggested that consideration should be given to alternatives available and plan accordingly prior to rejecting the above recommendation. Deputy Mayor Davis suggested that, rather than continue on a month-to-month rental basis, the City Manager should be instructed to negotiate a one or two year lease so that rental associated with same can be determined on a longer term. (Councillor Gould withdrew from the meeting during the above discussion.) I On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table pending a full report at Council's next meeting. Question being taken, the tabling, motion was carried. (Councillor Gould re-entered the meeting.) On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that the joint letter from the City Manager and Deputy Commissioner of Community Planning regarding proposed amendments to the Municipal Plan and Zoning By-Law with respect to property on the Westfield Road, as reQuested by Mr. M. Northrup, first and second readings of which were given on May 2, 1983; submitting a proposed site plan which has been received from Mr. Northrup indicating the type of fence and landscaping he is proposing to place around his vehicle compound, and recommending that Common Council proceed with the third reading of the by-law amendments subject to the applicant's proposed site plan and any other reQuirements deemed appropriate by Council -- be received and filed. It was noted that Council will consider third readings of the proposed Municipal Plan and Zoning By-Law amendments later in this meeting. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould I RESOLVED that the letter from the City Manager expressing satis- faction that the new Board of the Animal Rescue League will take many remedial steps required to improve the general effectiveness of the Board's total operation, and advising that, it is his under- standing, changes are being made so that the Animal Rescue League will be providing an improved service on a 24-hour basis, and that the public perception of the operation, the relationship with staff, and the quality of the Boardts facilities will be improved -- be received and filed. Mr. Barfoot, replying to a Query of the Mayor, expressed the understanding that a representa- tive of the City Manager's office has been in attendance at the meetings held with the above group, whereupon the Mayor suggested that reports from these meetings should be submitted to Council. Councillor M. Vincent expressed the opinion that, in order for Council to attempt to resolve its concerns with . respect to the above organization, it must be fully apprised of the ne~ Board's intent and he suggested that a meeting should be held with representatives of this Board for discussion purposes as soon as possible. .... ,... ,47 Question being taken, the motion was 'carried. . On motion of Councillor M. vincent Seconded by Councillor Knibb 'RESOLVED that a meeting be arranged between Common Council and repre- sentatives of the Animal Rescue League, for communication purposes with respect to recent changes in the Board of the said League. Question being taken, the motion was carried. On motion of Councillor Murr~y _I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the extra costs, in the amount of $15,580.99, with respect 'to the renovation of the Brodie building located at 42 Princess Street; including an additional washroom for the Mental Health Association, the additional claims of Kevin Ross Cabinets and Furniture Ltd., and the installation of cushion floor flooring. 1 Mr. Barfoot, replying to a Query of Councillor Vaughan, confirmed that contractors are required to examine the subject building prior to tendering. Councillor Vaughan expressed the opinion that additional costs of the, above nature should be approved prior to completion of the work concerned and, referring to the submitted correspondence, she noted that the architects who reviewed the 'additional costs indicate that those costs totalling $6,172.89, appear to be~ not that they are, reasonable, and she stated that she Questions the added expenses on the subject contract. Councillor A. Vincent suggested that there may be further expenses than those above and he asked if it is the intent to complete the masonry and paint the windowframes on the :ron: of the Brod~e building, and the reason for placing a retaining wall at the rear of this building as it lS hlS understandlng that the back entrance of this building will eventually be used as the main entrance onto a courtyard proposed by ~h: Federal Go;ernment. Matters regarding rental revenue from this building, as well as costs to date and addltlonal expendltures related to the renovation thereof, were discussed, and the Mayor suggested that staff should submit a full report with respect to the Brodie building. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter' be laid on the table for one week pending a complete staff report. 1 Councillor Gould Questioned what, the policy is with respect to extra work of the above nature to which Mr. Barfoot replied that, when a construction project, particularly one such as that above which involves the renovation of an older building, is underway, decisions must be made on site by the person who is respon- sible for the project, and that immediate decisions are oftentimes required in order to avoid contract delays and conseQuent additional costs, and he expressed the opinion that, unless authority is given to the person in charge to authorize changes which may reQuire extra funds, reasonable tenders will not be received on construc~ tion projects. Councillor Gould expressed the opinion that additional expenditures should be authorized in writing and Mr. Barfoot noted that this is the usual procedure followed. Question being taken, the tabling motion was carried; On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended 'by the City Manager, permission be granted to the Canadian MotorcrossAssociation to develop a motor cross track on Provincial land on Sand Cove Road for a motorcross event to be held on October 2 or October 9, 1983. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor M. Vincent' RESOLVED that the interim report from the City Manager and Deputy Commissioner of Engineering, regarding the water pressure problem in the Somerset Park area, which was con- sidered by Council at its last meeting, advising that the type of solution used in 1977 when similar com~ plaints were received is no longer available because a further rise in pressure on the system could lead to dangerous conditions in lower lying areas, such as, Glen Falls, Rothesay Avenue, etc., and estimating that approximately two weeks will be reQuired to complete a detailed report with proper recommendations to Council be received and filed. 1 Councillor Gould reQuested that the entire area be investigated as he has been advised that residents of Tartan Street are also experiencing water pressure problems. Mr. Armstrong, replying to a query of Councillor Knibb, confirmed that the low pressure problem could be attributed in part to the location of the new Regional Hospital in the subject area and increased water usage related thereto. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto" by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify four parcels of land, which together comprise approximately 100,000 sQuare feet, located on the southeastern intersection of the Westfield Road and the Martinon By-Pass (L.R.I.S. Numbers 295055, 295071, 55014302 and 55014310), from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal affixed thereto. . Councillor Poley expressed concern in that the staff report considered earlier in this meeting refers not only to esthetic problems but, more important in his opinion, to problems of a safety nature as the subject property is located at the intersection of two major highways, and he Qeustioned whether curbing should be constructed in the area, regardless of whose financialresponsiblity it might be'to install same. Mi'. Winch briefly explained the background related to this matter and stated that staff does not have a definite conclusion on this particular proposal, although it has attempted to address the matters of landscaping, fencing, and curbing in its report to Council. A brief discussion ensued regarding curbing in the subject area and it was noted that this discussion is relevant to the proposed Zoning By-Law amendment which is to be considered subseQuent to the above 'matter. li.. 48 ~ Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of Saint John and Amendments Thereto" insofar as it concerns re-zoning four parcels of land, which together comprise approximately 100,000 square feet, located at the southeastern inter- section of the Westfield Road and the Martinon By-Pass (L.R.I.S. Numbers 295055, 295071, 55014302 and 55014310), from "B-1" Local Business to "I-I" Light Industrial district classification, be read a third time and enacted and the Corporate Common Seal affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Plan~ing Act, the said re-zoning be subject to the applicant's proposed site plan. I. Mr. Winch, in response to Council Queries, noted that staff has not really made a recommenda- tion on the submitted site plan and that it is being presented to Council with certain comments keeping in mind that staff originally was opposed, and still is, to the above re-zoning and'should Council consider the proposed site plan to be unacceptable, it can add the desired detail to same. Discussion ensued during which time the opinion was expressed that an appropriately-worded resolution insofar as the Section 39 is concerned should have been presented to Council for its consideration especially in view of the discussion which occurred during first and second readings of the proposed amendment. It was' suggested that matters related to curbing, fencing, signing and landscaping should be addressed by staff and presented to Council at its next meeting in the form of certain conditions under a Section 39 of the Community Planning Act. 1 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above matter be referred to the Planning Branch for a report and recommendation to Council at its next meeting. . Question being taken, the referral motion was carried. Consideration was given to a recommendation of Committee of the Whole of July 4th last with regard to a reQuest of the Saint John Youth Hostel for financial assistance, which was tabled at Council's last meeting at the reQuest of the Mayor in order that a letter she received from this group could be considered at this meeting of Council in conjunction with the said reQuest. Consideration was also given to the said letter from the Saint John Youth Hostel advising that it is operating on a donation from the Legion, which covers the rent on the building at 230 Hawthorne Avenue until next month, and reQuesting the City's support to continue the operation of this Hostel, which is hoped to officially open in the near future. On motion of Councillor Gould 1 Seconded by Councillor Flewwelling RESOLVED that for financial assistance be taken from the table, and the the request of the Saint John Youth Hostel request be denied. Discussion ensued regarding the amount of funding provided by the Legion and the amount requested of the City, as well as the operation of a hostel of this nature by the Y.M.C.A. a number of years ago and the funding therefor, and it was suggested by Councillor Murray that the above matter should be referred to staff for a report as there is insufficient information at this time to consider the reQuest. On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid, on the table . pending a staff report. Question being taken, the tabling motion was carried with Councillor Gould voting "nay". Read a report of the Committee of the Whole (as follOWS) To the COMMON COUNCIL of the City of Saint John 1 The Committee of the Whole reports Your Committee begs leave to report that it sat on July 11, 1983 when there present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the following appointments be made to the Labour-Management Committees for a period of one year:- Local 771 - Councillors Vaughan and Murray; Local 61 - Councillors Schermerhorn and Poley; Local 18 - Deputy Mayor Davis and Councillor Gould; and Local 486 - Councillors Knibb and M. Vincent. 1 2. That as recommended by the Nominating Committee, the resignation of Mr. Gilles Malo from the Saint John Tourism Advisory Committee be accepted with regret, and that Mr. Malo be thanked for his service to the city as a member of the said Committee. 3. That as recommended by the Nominating Committee, Messrs. George Maniatis and Elwood Gotell be appointed to the Saint John Tourism Advisory Committee for a term to expire December 31, 1983. 4. That all City-appointed and City-funded committees, boards and commissions be reQuired to submit to Common Council annual reports and financial statements on their activities, and a record of member- . ship attendance. ~ ,...- 4~ . 5. That as ~ecommended by the City Manager, Common CoUncil approve cost sharing, on a fifty-fifty basis with the Province of New Brunswick, of an engineering study at an estimated cost of $70,000.00, with regard to Scheme III of the Saint John East Water Supply System Improvement, on the understanding that when funding is approved for the construction of this, system, the cost of the engineering would be shared in the same ratio as the "ost for construction. 6. That as recommended by the City Manager, authority be granted for payment of the invoice of Mott, Myles & Chatwin Ltd., in the amount of $4,970.77, for professional services rendered in connection with the proposed housing devel~pment on the General Hospital site. 1 7. That as recommended by the City Manager, the proposal of Anderson-McTague & Associates Ltd. for the purchase and redevelopment of the Seamen's Mission building located at 154-158 Prince William Street be accepted subject to the City and the said company entering into an agreement providing for the purchaser to do the following:- (1) grant to the City an option to repurchase the property for the sum of one dollar ($1.00) in the event the agreed-upon renovations are not completed within the time period stipulated; (2) provide a performance bond or other appropriate security in the amount of $150,000.00 to ensure the completion of the renovations within a period of three years; the City may use the bond amount to complete the renovations as proposed or in some other manner to be determined by the City, or to maintain the structure until a new suitable purchaser is found should the repurchase clause be exercised; (3) present a detailed design and layout plan of the renovations prepared by an architect to be submitted for approval by the City, or to maintain the structure until a new suitable purchaser is found, should the repurchase clause be exercised; (4) chemically clean the Prince William Street facade of the building within one year; and (5) maintain the sidewalk in front of the subject property clear of snow and ice. _I 8. That as recommended by the City Manager, authority be granted for payment of the invoice of Mott, Myles & Chatwin Ltd,., in the amount of $61,721.89, representing professional services rendered with regard to the Ci ty Hall pOQ,ium section of the pedway between Brunswick and Market Squares. 18 July 1983 Saint John, K. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor M. Vincent Sec:onded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. 1 On motion of Councillor Knibb Sec:onded by Councillor Gould RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seeonded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seeonded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Qw=stion being taken, the motion was carried. (Councillor Murray withdrew from the meeting.) On motion of Councillor Knibb I Se.,onded by Councillor M. Vincent RESOLVED that section 6 of the above report be adopted. 1 Co'~cillor Vaughan spoke in opposition to the above-proposed resolution on the basis that Council is being reqQested to approve the expenditure after it has been incurred. Her Worship the Mayor re-iterated her opinion that services of this nature should be advertised for public tender. Councillor A. Vincent noted that the Cit;r Manager advised Council in Committee of the Whole that the above housing proposal was reQuested as a result of the Mayor's Task Force on Economic Development study. During ensuing discussion, Councillor M. Vincent, a member of the Board of Directors of The Saint, John ,1985 Canada Summer Games Society, Inc., expressed concern that there appears to be two groups - one being the City - the other the Society and the other levels of government - working in opposite directions as it is his understanding that the General Hospital building is committed for use as a housing facility during the 1985 Canada Summer Games, while the expenditure above suggests that there is another proposal being considered. Deputy Mayor Davis expressed the opinion that, as the General Hospital is no longer of any use as a hospital, there is little reason to assume that it would prove worthwhile to remodel this building for use as a Canada Games housing facility considering that all that would remain thereafter would be an old building which is expensive to maintain, whereas by constructing new housing units on this 'site would mean that a usable facility would remain following the 1985 Canada Summer Games. The Deputy Mayor advised that this matter was discussed with the Canada Games Committee and the idea was endorsed by this group. . (Councillor M. Vincent withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried with the Mayor and Councillor Vaughan voting "na.y". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted. lrl... 50 ~ Discussion ensued regarding the proposed provlslons of the agreement and the purchase price of the above building and Mr. Barfoot noted that this matter ~ust be referred to the subject company for acceptance or rejection. Councillor Gould suggested that the proposed purchase price should be included in the above resolution and it was noted that the offered price is $8,500.00, however Mr. ... Barfoot pointed out that this is part of the negotiating process. Mr. Winch pointed out that the subject company's proposal is subject to its acceptance of the above conditions. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that section S of the above report be adopted. (Councillor M. Vincent re-entered the meeting.) 1 Mr. Barfoot, replying to Council Queries, noted that the above expenditure represents preliminary work reQuired in connection with negotiations with Revenue Properties Ltd. therefore the 5~~ architectural fee was not applicable in this instance. Councillor Vaughan expressed concern that the estimated cost of $550,000.00 for the podium project has now increased to approximately $611,000.00, with the possibility of increasing more. The Mayor questioned why Council was not informed when it was realized ,that the cost concerned would be more than the estimated $550,000.00. A brief discussion ensued regarding the reason for the above expenditure. "nay". Question being taken, the motion was carried with the Mayor and Councillor Vaughan voting 1 " On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Finance Committee, the following, being the terms of reference of the former Audit Committee, be added to the terms of reference of the Finance Committee:- (a) to review the City's financial statements before they are approved by the Council; (2) to review arrangements for the audit, including its scope and the timing . of its completion; (c) to review significant weaknesses in internal control, which may be brought to the Committee's attention by the Auditors; (d) to review the reasonableness and adeQuacy of the audit fees; and (e) to recommend the audit firm to be engaged. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from The Saint John Bicentennial Inc. recommending that the bleacher seats now located on Broadview Avenue be left in place and a short section of this street be closed to vehicular traffic, which would have the advantage of avoiding the expense of removing these bleachers as well as keeping the area for other outdoor events, and suggesting I that, as this action would require the agreement of the Department of National Defence, that discussions be held with Major Fred Gallant before a final decision is made -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. Consideration was given to a letter from The Saint John District Labour Council'refe~ring to a letter dated April 14, 1983 received by the said Council regarding its labour nominee to the Saint John Harbour Bridge Authority, and expressing the understanding that, in order to have its nominee submitted properly, The Saint John District Labour Council must submit its nominee's name to the City and Common Council. The letter advises that this Council forwarded a letter to the Authority in early April 1983 naming Brother John McNamee as its nominee on the Authority, and requests Common Council, as in the past, to ensure that its nominee is placed on the Saint John Harbour Bridge Authority as soon as possible. On motion of Councillor M. Vincent . Seconded by Councillor Knibb RESOLVED that the letter from The Saint John District Labour Council regarding its nominee to the Saint John Harbour Bridge Authority -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Poley I Seconded by Councillor A. Vincent RESOLVED that the letter from Transit II, which is a non- profit organization dedicated to developing a public transportation system for the disabled, reQuesting financial assistance so that it can continue this service to its clients during the summer months __ be referred to the grants committee. Councillor Knibb expressed opposition to the above-proposed motion on the basis that Council, in the past, has endeavoured to maintain that the public transportation of the disabled should remain the responsiblity of the private sector, and by referring it to the grants committee encourages the belief that the City may expend funds which in his opinion it is unable to do in this regard. The Mayor advised that she has indicated to representatives of Transit II that they should contact the Transit Commission in this regard and she suggested that the motion should be that this matter be referred to this Commission, and further that she reQuested Transit II to submit a further report to her with respect to Transit II's operation. During ensuing discussion, the propriety of Council approving a grant to this group in view of the Motor Carrier Act was Questioned and Mr. Nugent agreed to examine this matter should Council so wish. Deputy Mayor Davis suggested that Transit II should be made aware of the fact that the public transit system is capable of transporting many disabled persons, and he also suggested that, if there are corrections which can be made to the existing service to make it better for performing this service, perhaps these could be examined and adopted. 1 . ~ "..- 51 Question being taken, the motion'was' carried with Councillors Davis, Gould and Knibb voting "nay". . Consideration was given to a letter from Gilbert, McGloan, Gillis, Solicitors, regarding the two City-owned properties on Coburg Street. A motion was proposed that the above matter be referred to the City Manager for a recommendation, however, Mr. Barfoot noted that the subject property is being advertised for sale by public tender. On motion of Councillor Gould 1 Seconded by Councillor M. Vincent RESOLVED that the letter from Gilbert, McGloan, Gillis, Solicitors, requesting information on behalf of a client with respect to the purchase of two properties on Coburg Street be received and filed and they be advised that the subject property is being advertised for sale by public tender. Question being taken, the motion was carried. Councillor A. Vincent questioned when Council can expect the anticipated report regarding parking on Douglas Avenue, as requested by St. Matthews Presbyterian Church, and the Mayor reQuested that this report be submitted at Council's next meeting. 1 . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and Council meet in Legal Session. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". . ~47,f;iJ;i~ad At a Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of July, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent I - and - Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of COIIlllluni ty Planning; P., Clark, Fire Chief; J. Dunham, Deputy Police Chief; D. J. French, Director of Personnel; C. E. Nicolle, Diwect<;w otI\ecl?eatj;q>n and rWK~,; /1', lI'o)ln~<;:>n, 13l+j;ldj;ng :I:nspector; R. Adams, Property Management Branch; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend Lloyd Lake, Rector of All Saints Anglican Church, offered the opening prayer. . On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on July 18, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor advised that the next regular meeting of Common Council will be held on August 1 8, 1983. The Mayor extended an expression of sympathy to the family of the late Mr. John G. Kelly, a well- known City sportsman, whose death occurred on July 24, 1983. I Mr. Walter Ball, Music Director of the Lancaster Kiwanis Steel Band, addressed Council regarding an invitation to this Band to participate in an International Folklore Festival and performing tour in Dijon, France, August 25 to September 6, 1983. 'Mr: Ball expressed the opinion that this is a'considerable honour and one which offers much recognition and excellent promotion for this Band, young performers of the Province and Canada. Mr. Ball advised that an expenditure of $50,000.00 is estimated with respect to the Band's participation in this event, therefore considerable, financial assistance is reQuired to make this trip possible, and that a major obstacle to the performing arts in the Province is the lack of a broad cultural grant 'policy thereby leading to insufficient funding' for Quality New Brunswick performers to be showcased nationally and internation_:_: nationally.. Mr. Ball further advised that this performance and tour is the Band's Bicentennial project and he asked that Common Council consider this as a special reQuest for financial assistance, as well as for special gifts and greetings from the Mayor and Common Council of the City of Saint John. . Councillor Knibb commended Mr. Ball and the members of the Lancaster Kiwanis Steel Band, and he noted that the Jervis Bay (Memorial) Pipe Band, which will be attending the Gathering of the Clans in Scotland this year, received only verbal commendation from Common Council on its remarkable success. Mr. Ball, reply- ing to Council Queries, related various achievements of this Band, and advised that approaches have also been made to the Provincial and Federal Governments for financial assistance. Councillor Vauglan suggested that the City should have a cultural, as well as a sports, federation established for the purpose of fund raising through sources other than government in order that groups such as this Band can be financially assisted in their activities. iii... 5~ ~ The Mayor displayed a Lancaster Kiwanis Steel Band recording album entitled "Olympic Steel '76", and she suggested that, although Mr. Ball has given one to each Council member, rather than accept same as a gift, a donation to this Band may be in order. The Mayor advised Mr. Ball that Council will consider this Band's request for financial assistance later in this meeting. . Mr. William E. LaPointe of The Gospelaires of Fredericton, N. B., appeared before Council with regard an annual Gospel Sing to commence on October 26, 1983, at the Market SQuare Trade and Convention Centre, and continue on October 27 in Fredericton, N.B., October 28 in Summerside, P.E.I., and October 29 in Halifax, N.S. Mr. LaPointe provided a brief verbal history of The Gospelaires, and requested the blessing and moral support of Common Council in what this group considers to be a salute to the City of Saint John in its Bicentennial year, and also requested that Common Council proclaim that particular week as "Gospel Singing Week" in the City. Her Worship the Mayor thanked Mr. LaPointe for his presentation to Council and advised that this matter will be considered later in this meeting. I Read a letter from Councillor Murray regarding the new E.P.A. and C.P. Air flagship service. Councillor Murray noted that on July 20, 1983, he had the opportunity to represent the City of Saint John on E.P.A.'s inaugural flagship service to Montreal, Quebec, and he suggested that Common Council should extend congratulations to E.P.A. for this new airflight service, which provides the Maritime Provinces with another link to Montreal and other areas of Canada. On motion of Councillor Murray 1 Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Harry Steele, President of Eastern Provincial Airways Limited, on the new flagship service through the City of Saint John. Question being taken, the motion was carried. Consideration was given to a letter from Councillor M. Vincent regarding a proposed subdivision or housing lots for sale in Forest Hills, advising that he has had a number of inQuiries from residents 4It of the area who are expressing concern with respect to information suggesting that there are building lots for sale in Forest Hills which might be used to accommodate duplex housing or other units of housing which differ from the average style 'home in the area. Councillor M. Vincent advised that it is his understanding that the above matter will be considered by the Planning Advisory Committee meeting on July 26, 1983, and he reQuested a report at this time with respect to this matter. Mr. Winch advised that a property owner has submitted an application to subdivide a number of lots on Lakewood Avenue West in Forest Hills and that such subdivision plan will reQuire the Planning Advisory Committee's recommendation and Common Council approval by virtue of the fact that a road is being extended and the usual subdivision standards and agreements will be required. Mr. Winch explained that the proposal involves an approximate 150-foot extension of the road, the creation of 5 lots from 1 approximately a 150 to 200-acre property holding, such lots to be used in accordance with the existing "R-2" zoning for one or two-family dwellings, and he noted that the City, for the most part, does not control the type of housing constructed other than the units and reQuirements of the National Building Code and Zoning By-Law. Discussion ensued regarding the approval of subdivision plans and Mr. Winch advised that the number of responses received with respect to this subdivision proposal is well in excess of the approximate 15 notices issued to residents of the subject area, and he expressed the understanding that the owner has an interest in subdividing the balance of his property at some point in time. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the above letter from Councillor M. Vincent be received and filed. Question being taken, the motion was carried. . Notice had been sent to Maurice Ward Cunningham In Trust, Owner of the Renewal Term for Years and Merton L. Fudge, Leasehold Mortgagee to appear at this meeting to show cause, if any, why the building located at 14-16 Suffolk Street (L.R.I.S. Number 367979), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and stated that this two-storey woodframe building is dangerous and dilapidated and that, although the owners proposed to rehabilitate the subject property, the work ceased and the building has been allowed to deteriorate to the extent indicated in the said photographs, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. I On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that notice having been given to Maurice Ward Cunningham In Trust, Owner of the Renewal Term for Years and Merton L. Fudge, Leasehold Mortgagee being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 14-16 Suffolk Street (L.R.I.S. Number 367979), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 14-16 Suffolk Street, in the said City, to be dilapidated and dangerous: 1 AND BE IT FURTHER RESOLVED that the said Maurice Ward Cunningham In Trust, Owner of the Renewal Term for Years and Merton L. Fudge, Leasehold Mortgagee are hereby reQuired to remove or destroy the said building situate at civic number 14-16 Suffolk Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Maurice Ward Cunningham In Trust, Owner of the Renewal Term for Years and Merton L. Fudge, Leasehold Mortgagee to remove or destroy the said building situate at 14-16 Suffolk Street, in the City of Saint John, in compliance with the reQuest of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Maurice Ward Cunningham In Trust, Owner of the Renewal Term for Years and Merton L. Fudge, Leasehold Mortgagee. . ~ JIl""" 53 A brief discussion ensued regarding the ;ength of time involved and the procedure followed prior to properties being presented to Council for consideration under the 1925 Building Act, as well as the time period concerned to demolish a property following Council's approval to do so. . Question being taken, the motion was carried. I Notice had been sent to Roy M. Lawson, Mortgagor, The Bank of Nova Scotia, Debenture Holder, Doane Raymond Limited, Receiver-Manager, to appear at this meeting to show cause, if any, why the buildings located at 113-115 Thorne Avenue, in the City and County of Saint John, should not be removed or destroyed as dangerous or dilapidated buildings. Mr. Johnson displayed photographs of the said buildings and stated that these two- storey woodframe buildings are dangerous and dilapidated, 'have~been allowed to deteriorate to the extent that they are totally beyond any hope of rehabilitation and have been very badly vandalized, and he would recommend that the said buildings be declared dangerous and dilapidated and the owners be compelled to destroy'or remove the buildings under the provisions of the 1925 Building Act. No person was present with respect to the said buildings. On motion of Councillor Schermerhorn I Seconded by Councillor Poley RESOLVED that notice having been given to Roy M. ,.Lawson Ltd., Mortgagor, The Bank of Nova Scotia, Debenture Holder, Doane Raymond Limited, Receiver-Manager, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the buildings located at civic number 113-115 Thorne Avenue (L.R.I.S. Number 19729), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said buildings should not be removed or destroyed as dangerous or dilapidated buildings, and having considered the 'report of the Building Inspector, the Common Council hereby deems and declares the said buildings located at 113-115 Thorne Avenue, in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED,that the said Roy M. Lawson, Mortgagor, The Bank of Nova Scotia, Debenture Holder, Doane Raymond Limited, Receiver-Manager, are hereby required to remove or destroy the said buildings situate at civic number 113-115 Thorne Avenue, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: . AND BE IT FURTHER RESOLVED that upon failure of the said Roy M. Lawson Ltd., Mortgagor, The Bank of Nova Scotia, Debenture Holder, Doane Raymond Limited, Receiver-Manager, to remove or destroy the said buildings situate at 113-115 Thorne Avenue, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to ,be done and the cost thereof recovered from the said Roy M. Lawson Ltd., Mortgagor, The Bank of Nova Scotia, Debenture Holder, Doane Raymond Limited, Receiver-Manager. Discussion ensued with regard to the difference in the number of notices which may be issued to the owners of such buildings, the efforts made by the Building Inspector's Office to have such buildings rehabili..,,';,: tated and the order of priority placed on buildings which may eventually be presented to Council for consider- ation under the 1925 Building Act. The proposed by-law regarding fire-damaged or vacant buildings, which is currently being reviewed by the Legal Department, was discussed and Mr. Johnson advised that it is hoped that, should this by-law be enacted by Council, it will alleviate the problem of buildings reaching the dangerous and dilapidated stage. I Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor M. Vincent RESOLVED that the request of Mr. Walter Ball, Music Director of the Lancaster Kiwanis Steel Band, for financial assistance regarding the Band's participation in the International Folklore Festival and performing tour in France, August 25 to September 6, 1983 -- be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seconded by Councillor A. Vincent RESOLVED that with respect to the presentation by Mr. William E. LaPointe of The Gospelaires of Fredericton, N. B., Common Council proclaim the week of October 23,1983 as "Gospel Singing Week" in the City of Saint John. Question being taken, the motion was carried. 1 Read a letter from Councillor M. Vincent regarding a vacant building on Waterloo Street, which is allegedly accessible and not closed up, and is the subject of expressions of concern by residents of this street. I Councillor M. Vincent requested an up-to-date report on the building in Question and Mr. Johnson expressed the opinion that the terms outlined in the 1925 Building Act are not applicable to the subject building, which he confirmed to be 264 Waterloo Street. The matters of accessibility to and potentiality as a fire hazard of the subject building were discussed, and the Mayor suggested that a firm commitment should be obtained from the owner thereof of his intent to rehabilitate this building. Councillor Poley Questioned if there is legislation in place whereby Common Council can take action with regard to vacant or deteriorated buildings prior to their reaching the dangerous and dilapidated stage. Mr. Nugent noted that recent amendments to the Municipalities Act provide for a Dangerous and Unsightly Premises By-Law which he considers to be more time-consuming than the procedure under the 1925 Building Act, and he noted that the Legal Department is currently reviewing the proposed by-law regarding fire-damaged and vacant buildings in an effort to determine whether or not more recent legislation has by implication repealed those provisions, following which the proposed by-law will be put into proper form for consideration by Council. On motion of Councillor M. Vincent . Seconded by Councillor A. Vincent RESOLVED that the above letter from Councillor M. Vincent be received and filed and the Fire Department be reQuested to carry out an inspection of, the building at 264 Waterloo Street as soon as possible and report to Council. Question bei~g taken, the motion was carried. ... 5-41 ~ Notice had been sent to Roy M. Lawson Ltd., Mortgagor; The Bank of Nova Scotia, Debenture Holder; Doane Raymond Limited; Receiver-Manager, to appear at this meeting to show cause, if any, why the building located at 109-111 Thorne Avenue (L.R.I.S. Number 23721), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed ... photographs of the said building and stated that this two-storey woodframe building is dangerous and dilapidated, is open to the public and that, although the owner has indicated his intent to rehabili- tate this building, it is not considered to be economically feasible to do so, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. ' On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that notice having been given to Roy M. Lawson Ltd., Mortgagor; The Bank of Nova Scotia, Debenture Holder; Donae Raymond Limited; Receiver-Manager, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 109-111 Thorne Avenue (L.R.I.S. Number 23721), in the City of Saint John, reQuesting that the said owners appear before'this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 109-111 Thorne Avenue, in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Roy M. Lawson Ltd., Mortgagor; The Bank of Nova Scotia, Debenture Holder; Doane Raymond Limited; Receiver-Manager, are hereby required to remove or destroy the said building situate at civic number 109-111 Thorne Avenue, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Roy M. Lawson Ltd., Mortgagor; The Bank of Nova, Scotia, Debenture Holder; Doane Raymond Limited; Receiver-Manager, to remove or destroy the said building situate at 109-111 Thorne Avenue, in the City of Saint John, in compliance with the reQuest of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Roy M. Lawson, Mortgagor; The Bank of Nova Scotia, Debenture Holder; Doane Raymond Limited; Receiver-Manager. Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, a purchase order in the amount of $8,500.00 be placed with Industrial Cold Milling Limited for asphalt planing. Question'being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended be granted for payment of the following invoices, namely:- D. Hatfield, Ltd. - (Water Dept.) equipment rental July 4-15, 1983' - (Works Dept.) equipment rental July 4-15, 1983 David C. Francis Co. Ltd. - eQuipment rental June 16-30, 1983 Steele's Trucking Ltd. - supply of gravel July 4-15, 1983 Gill Equipment Limited - equipment rental May 20-June 6,1983 - equipment rental May 20-June 6,1983 Stephen Paving (1982) Ltd. - supply of asphalt June 14-20, 1983 by the City Manager, authority $ 7,888.48 11,607.73 3,674.00 2,594.35 2,310.00 1,443.75 $30,957.54 Question being taken, the motion was carried. Read a letter from the City Manager recommending that the contract for Lancaster Centennial Arena relighting be awarded to the low tenderer, Law's Electrical Limited of Hampton, N.B., in the amount of $12,468.14, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the contract for the Lancaster Centennial Arena relighting be awarded to O'Brien Electric Co. Ltd. of Saint John, N.B., in the tendered amount of $13,259.00. Question being taken, the motion was carried with Councillors Gould and Murray voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for the Memorial Field canteen and press box be awarded to the low tenderer, Pro-Woodworking Ent. Ltd., in the amount of $11,023.27, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Mr. McDermott, replying to a query of the Mayor, advised that the above-named company is a local firm. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the contract for crackfilling of asphalt pavements be awarded to Spectrum Enterprises Limited of Saint John, N.B., for the tendered amount of $14,200.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I 1 . 1 . I I ... .... ,.. c '5.5 Mr. Armstrong, replying to Council Queries, explained the method used to estimate the amount of $15,500.00, as indicated in Option "B" in the submitted letter with respect to using' City forces to carry out the subject project, and he advised that staff will review the outcome of this particular project in the hope of being able to include this work in the Department's regular maintenance operational budget. Councillor Murray requested that Council be provided with a proposed policy as to what is to be considered a local firm for consideration at its next meeting. . Question being taken, the motion was carried. 1- Councillor M. Vincent referred to the items relating to the operating hours of Market SQuare for consideration at this meeting and stated that, because he is a tenant in Market Square and is in the process of having his particular situation examined, he will excuse himself from the meeting during Council's consider- ation of these items and will advise Council as soon as possible with respect to his legal status in this regard, whereupon he withdrew from the meeting. 1- Reverend Roy D. Campbell, Interim Pastor of The Church of Saint Andrew and Saint David, addressed Council with regard to the proposed change in business hours of Market SQuare. Reverend Campbell stated that he is appearing before Council at the reQuest and collaboration of Reverend Richard Wright, President of the Saint John Ministerial Association, and that the proposal for the opening up of Market SQuare to complete freedom of Sunday commerce is, in their judgement, a negation and abrogation of The Lord's Day Act. Reverend Campbell commended The Rocca Group for the presence of the Market Square complex aria he expressed the opinion that the proposed radical departure from what has become a cherished tradition could set a precedent for other areas of the City and Province for Sunday commerce, and he 'suggested that the proposal to make Market Square a tourist site is a not-too-subtle contravention of The Lord's Day Act, and he reQuested Common Council to embrace the concept of what the City has is good and should not be lost. . Reverend Campbell, replying to a query of Councillor Poley, advised 'that, although Reverend Wright attempted to obtain a resolution from the Ministerial Association expressing its feelings in this regard, it was impossible to do so because of the summer holiday season, however, he stated that technically he is representing the President of the Ministerial Association, and morally he is representing the entire Association. Councillor Knibb expressed the opinion that it would be a step forward for the City of Saint John to agree with the desi~nation of Mar~et Square as a tourist area. In reply to a Query of Councillor Murray, Reverend Campbell conflrmed that he lS aware that 75 per cent of the business outlets of Market Square are not affected by The Lord's Day.Act. The.Mayor concurred with Councillor Vaughan's observation at Council's meeting of July 11, 1983,.that thlS matter lS one to be resolved by the Province, and she thanked Reverend Campbell for his presentatlon to Council. (Councillor M. Vincent re-entered the meeting.) . Mr. Victor Ego, President of Nautilus Construction & Rentals Ltd., addressed Council on behalf of the local contracting firms named in his letter of July 22, 1983 (copies of which were distributed to Council meniliers prior to this meeting), with regard to remarks Quoted in The Evening Times-Globe on July 19, 1983. Mr. Ego, reading from a prepared brief (a copy of which was given to the Common Clerk following his presentation), advised that these contractors have taken exception to comments made during the televis,ed broadcast of Council's July 18 meeting and in the said newspaper on July 19, and he pointed out that the contracto~s concerned have no ill feeling toward the contractor mentioned in the comments, namely Que-Mar Construction (Maritimes) Ltd., and he stated that their ,dissatisfaction is with certain members of this Council only. Mr. Ego proceeded to Quote comments allegedly ,made by Councillors Gould and A. Vincent at the July 18 Council meeting and questioned the intent of same, and requested to be advised what discipline Common Council will be enacting in this regard. Mr. Ego suggested that a public apology is warranted to this group from Councillor A. Vincent. Councillors Gould and A. Vincent responded to the above presentation in an attempt to clarify the reasons for their comments at Council's last meeting during discussion of the above matter. Mr. Ego pointed out that the contracting firms concerned are not asking for special concessions in the awarding of contracts by the City, and that they are in agreement with the City's tendering process. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above brief presented by Mr. Victor Ego be received . and filed. Question being taken, the motion was carried. Councillor A. Vincent requested that the Legal Department review the above-mentioned brief, and he expressed the opinion that the City Manager's report presented to Council at a recent meeting in Committee of the Whole regarding Que-Mar Construction (Maritimes) Ltd. should 'be reported in open session of Council. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for the supply and installation of windows in the tower section of the City Market building be awarded to the low tenderer, namely Darkil Construction Ltd., in the amount of $71,200.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 1 Mr. ,McDermott, replying to Council Queries, explained that the windows in the tower section ,of the City Market building, of which there are approximately 70, are of a special type and design of many years ago and that the above company is attempting to copy that as much as possible, and he advised that, following a meeting with the Provincial Government on July 27, 1983, he will provide Council with a complete ,report on the City Market renovation program. ' Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the joint report from the City Manager, Acting Commissioner of Engineering and Works, Deputy Commissioner of Engineering, and Senior Project Engineer, regarding two 1983 Capital Program projects, namely Millidge Avenue - building a turning lane at the University Avenue intersection, and Kennebecasis Drive - capital improvements to ditching, culverts, chipseal and hot mix paving, which were approved by Council based on preliminary estimates, at $25,000.00 and $130,000.00 respectively; advising that, having now completed detailed survey and design work, the corresponding estimates have been revised as follows: Millidge Avenue - $68,000.00 and Kennebecasis Drive - $89,000.00, and recommending that, as the net increase is relatively low namely, $2,000.00 or 1.3%, these two projects be approved and constructed as per the final design -- be received and filed and the recommendation adopted. ' ... ""'III Sq; Mr. McDermott, in reply to a query of Councillor Poley, advised that the above project on Millidge Avenue does not relate in any way to the North/South Arterial, and Mr. Armstrong explained the reason for the escalation in cost between the preliminary and revised budget estimates and advised that this project was included in the Capital Program as the North/South Arterial is not in place and an . increase in traffic is anticipated with the recent opening of the new Regional Hospital in this area. In reply to a query of Councillor Vaughan, Mr. Armstrong advised that it is staff's intent at this time to utilize City forces to carry out the above projects, and he noted that, until all of the work has been complete, he cannot guarantee the actual cost of such projects. Question being taken, the motion was carried with Councillor Poley voting "nay". ... Consideration was given to a letter from the City Manager regarding the reQuest of St. Matthews Presbyterian Church for Sunday parking restrictions on Douglas Avenue, advising that the Church's representative is now requesting a parking restriction similar to that in front of the New Brunswick Museum on Douglas Avenue which is "No Overnight Parking"; noting that parking is presently prohibited, with the exception of the Museum area, along the west side of Douglas Avenue which provides for better summer and winter maintenance and better traffic flow; stating that, if parking is permitted opposite the subject Church, it would be inconsistent to refuse it on the balance of that side of Douglas Avenue, and further that there is no certainty for the congregation of St. Matthews that any parking spaces would actually be available on Sunday morning, and recommending that no change be made to the parking restrictions in the area. I (Councillor Poley withdrew from the meeting.) ~I Councillor A. Vincent proposed that the City Manager's recommendation be denied and that permission be granted to St. Matthews Presbyterian Church to park on Douglas Avenue on Sundays only between 10:00 o'clock a.m. and 2:00 o'clock p.m., however, Mr. Nugent noted that an amendment to the Traffic By-Law would be reQuired. ' On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the matter of parking restrictions on Douglas . Avenue be referred to the Legal Department for drafting of an amendment to the Traffic By-Law to provide for parking on Sundays only between 10:00 o'clock a.m. and 2:00 o'clock p.m. in the area of St. Matthews Presbyterian Church, and report to Council. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the condition of the Spruce Lake/ Lorneville railway crossing, which was the subject of a petition from the Spruce Lake Ratepayers Association' considered at Council's meeting of June 27, 1983, advising that this crossing has been inspected and the project has been added to the Works Operations Program and it is expected that the problem will be corrected within the next few weeks -- be received and filed. Question being taken, the motion was carried. . The Mayor advised that the City Manager has withdrawn the item regarding Raydor Limited, North/South Arterial from the agenda. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding extra costs with respect to the renovation of the Brodie building, which was tabled at Council's last meeting, submitting a full report prepared by the Property Management Branch covering the total costs of the work to date on the subject building together with estimated costs to complete this project, and recommending that the previous recommendations be adopted as follo~s:- (a) that a total payment of . $11,278.17 be made to Kevin Ross Cabinets and Furniture Ltd. to cover the extra work performed by this Company, which includes an amount of $85.00 for flooring not included in the report of July 7, 1983; (b) that an amount of $1,902.00 be authorized for payment to Security Mechanical Ltd.; (c) that floor covering up to a "cushion-floor quality" be installed at City expense as the space is rented; and further that the extra work before the building can be rented, as outlined in the submitted report, be approved witu,':,the understanding that Council will be made aware of the exact costs of each phase as it becomes available -- be received and filed and the recommendations adopted. (Councillor Poley re-entered the meeting.) Discussion ensued regarding the sprinkler installation and costs indicated in the above I correspondence and reference to the fire escape through the old City Hall building and Mr. Adams responded to Queries of Councillor A. Vincent in this regard as well as with respect to the proposed construction of a retaining wall or another alternative to prevent flooding of the basement of the Brodie building. Councillor A. Vincent suggested that the City Manager should meet with Federal Government representatives in an attempt to obtain a commitment with respect to its intent to construct a courtyard at the rear of the Brodie building whereupon the Mayor requested the City Manager to look into this matter and to advise her and Councillor A. Vincent if a meeting of this nature can be arranged. Mr. Adams concurred with Councillor Poley's observation that the $16,183.40 amount, indicated in the I above correspondence as the total probable cost of necessary additions, has been inadvertently added twice to the total cost to date of $234,053.89. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and M. Vincent voting "nay". Read a letter from the City Manager regarding a proposed Zoning By-Law amendment with respect to property on Westfield Road, as reQuested by Mr. M. Northrup, third reading of which was tabled at Council's last meeting, submitting a report from the Planning Branch, and recommending that Council give third reading to the proposed amendment subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act, reQuiring that the site development take place in accordance . with the submitted revised site plan and all site improvements being completed within one year. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above letter from the City Manager be received and filed. ..oiiI ,.. 57 Councillor Gould questioned if it is customary to reQuire the property owner to install the type of curbing indicated in the submitted site plan to which Mr. Winch replied in the negative.and noted that ther~ is presently no curbing on that street and it is usually an expenditure of the City to lnstall same. Coun~lllor Gould expressed reservation with respect to this responsibility being placed on the property owner. Coun~lllor Flewwelling suggested that the extra cost associated with the improveme~ts proposed. represents ~ substantlal financial burden to the applicant. Councillor Poley noted Mr. Northrup s presence ln the Councll Chamber whereupon a motion was proposed that he be invited to address Council at this time. The Mayor noted that there is currently a motion on the floor which would have to be withdrawn in order to entertain the motion to hear Mr. Northrup. Following a brief discussion, Councillor M. Vincent suggested that the above motion be deferred in order to afford Mr; Northrup an opportunity to address Council. . On motion of Councillor M. Vincent 1:\ Seconded by Councillor Knibb RESOLVED that the above motion be deferred. Question being taken, the motion to defer was carried. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that Mr. Mark Northrup be invited to address Council at this time. Question being taken, the motion was carried. The Mayor asked Mr. Northrup if he had an opportunity to review the submitted site plan to which Mr. Northrup replied that he was advised that he was unable to obtain a copy of the above correspondence prior to its consideration by Council at this meeting. . Mr. Northrup, upon briefly reviewing the proposed site plan, indicated the suggested property improvements he would be willing to undertake, however, he expressed concern that ,some of the changes recommended could lead to problems such as snow buildup in the winter months causing difficulty moving vehicles. Discussion ensued regarding possible changes which could be made in the proposed site plan as well as the matter of curbing, and a motion was proposed that the City Manager meet with Mr. Northrup and Council would approve whatever is determined to be feasible to both parties, however, the Mayor advised that Mr. Nugent has indicated that this is not a proper motion. Another motion was proposed that the above correspondence be received and filed and the recommendation adopted, with the exception of those changes in the proposed site plan with which Council has agreed at this meeting, however Mr. Nugent pointed out that, if the proposed Zoning By-Law amendment is to be pursuant to Section 39 of the 39 of the Co~unity Planning Act, the motion should specifically set out the obligations to which the applicant to the re-zoning must adhere. Mr. Winch suggested that the recommendation of the City Manager be adopted deleting the curbing along the lower side of the Westfield Road. On motion of Councillor Knibb 1 Seconded by Councillor Flewwelling RESOLVED that the above letter from the City Manager be received and filed and the recommendation adopted with the deletion from the submitted revised site plan of the curbing along the lower side of the Westfield Road. Question being taken, the motion was carried with Deputy Mayor Davis voting "nay". City. The Deputy Mayor expressed the opinion that the curbing in question should be installed by the On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" insofar as it concerns re-zoning four parcels of land, which together comprise approximately 100,000 sQuare feet, located at the southeastern intersection of the Westfield Road and the Martinon By-Pass (L.R.LS. Numbers 295055, 295071, 55014302 and 55014310), from "B-1" Local Business to "I-l" Light Industrial district classification, be read a third time and enacted and the Corporate Common Seal affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the condition that the site development take place in accordance with the submitted revised site plan, deleting the curbing along the lower side of the Westfield Road, and all site improvements being completed within one year. 1 Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb 1 Seconded by Councillor M. Vincent , RESOLVED that the 1983-1984 working agreement between the City of Saint John and the Saint John Fire Fighters' Association, Local Union No. 771, LA.F.F. be approved by Council and that the Mayor and Common Clerk be authorized to execute this agreement on behalf of the City of Saint John. Question being taken, the motion was carried. 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 110. 58 ""'Ill Your Committee begs leave to report that it sat on July 18, 1983, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- ," 1. That the letter from the Finance Committee regarding the reQuest of Loyalist Days Inc. for direc- tion from Council with respect to the reQuirement, appointment and payment of auditors, advising that this Committee advised Loyalist Days Inc. as follows:- (1) audited financial statements are a requirement to obtain financial assistance from the City of Saint John; (2) the appointment of auditors is a responsibility of the Board of Directors of Loyalist Days Inc;, and (3) the cost of the audit is a direct responsibility of Loyalist Days Inc. and funds should be obtained from its operating budget be received and filed and reported to open session of Council. . 2. That with respect to the reQuest of the National Shuffleboard Tournament Committee for financial assistance for a civic banQuet on the occasion of its national tournament in Saint John on October 8, 1983, a grant in the amount of $500.00 be approved. I 3. That with regard to the reQuest of Mrs. Lois Forrest to' purchase property at the corner of Boars Head Road and Woodward Avenue, Council approve the recommendation of the City Manager that the subject property not be sold. 4. That as recommended by the City Manager, approximately 620 square feet of land lying to the rear of the property at 6 Fegan Court, as shown on the submitted plan, be sold to William and Isabel Holt for the appraised value of $300.00, and that they be responsible for all legal, survey and subdivision 1 costs that may be involved with the transfer of this land. 5. That with regard to the request of the First Wesleyan Church to purchase property on Boars Head Road, Council approve the recommendation of the City Manager that the subject property not be sold. 6. That with regard to the reQuest of Mr. Paul McCarthy to purchase property on Lancaster Street, Council approve the recommendation of the City Manager that the subject property not be sold. 7. That with regard to the request of Mr. V. Kostincer to purchase property at 255 Charlotte Street, Council approve the recommendation of the City Manager that, in view of the current examination of infill housing in the south end of the City, the subject property not be sold. . 8. That with regard to the offer of Mrs. B. H. Everett to sell property at 221 Union Street, Council approve the recommendation of the City Manager that Mrs. Everett be advised that the City has no interest in the aCQuisition of this property. 9. That non-union salary increases for 1983 be 6%, except for those personnel in the Fire Protection and Police Departments who are below grade 7 for whom the salary increase shall be 7.25%, and salary increases for the Grade 8 level and above be limited to 3%; AND FURTHER that salary reviews for 1984 be held in January 1984 and not committed at this time: AND FURTHER that only merit increases approved by Common Council be given at this time and be dispensed promptly, and further that if the City Manager feels strongly that certain individuals are I deserving of merit increases, they be submitted to Common Council at subsequent meetings on an individ- ual basis, accompanied by a written justification. 10. That the Saint John Housing Commission be authorized to advertise for public tenders for the rewiring and reinsulation of the housing units at Rockwood Court, and to submit a recommendation to Common Council on the awarding of the said tender. 11. That as recommended by the City Manager, the amount of $10,750.00 owing to Mr. Nave George as the unpaid balance of his total fee of $30,000.00 for services rendered by him as the City's Chief Negoti- ator, be approved for payment. 25 July 1983 Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne C h air man. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that section 2 of the above report be adopted. I Question being taken, the motion was carried with Councillor Murray voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Councillor A. Vincent questioned what use the City has for the subject property. Mr. McDermott 1 referred to the plan, which was submitted to Council at its July 18, 1983 meeting in Committee of the Whole, and noted that the property in question is only a portion of a corner lot and therefore the sale of same would not be feasible. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. . ..... ,.... '--' .~~ ~ -,~" .. '99 Question being taken, the motion was carried. . On motion of Councillor Poley Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. , k th motl'on w"s c"rrJ.'ed wJ..th CoUncillor A. Vincent voting "nay';. Question being ta en, e ~ Q On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted. 1 Mr. McDermott, replying to a Query of the Mayor, will be advertised commencing the week, of July 31, 1983. recommendation should indicate that the subject property advised that tenders for sale Councillor A. Vincent suggested will not be sold ax this time. of City properties that the above Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. . Question being taken, the motion was carried. Deputy Mayor Davis suggested that salaries for non-union secretarial staff and holiday-relief firefighters, as discussed in Committee of the Whole earlier this date, should be also considered at this time. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that section 9 of the above report be adopted: AND FURTHER that salary increases for 1983 for non-union secretarial staff and holiday-relief firefighters be 7.25%. 1 Councillor Murray expressed opposition to the above resolution as it is his opinion that the three staff members in group 8 deserve a 6% salary increase. "nay". Question being taken, the motion was carried with Councillors Gould, Murray and A. Vincent voting On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 10 of the above report be adopted. . Mr. Nugent, in reply to a Query of Councillor A. Vincent, explained that, according to the research carried out by the Legal Department, the Saint John Housing Commission was not established as a body corporate ana, as it has no separate legal identity, it is therefore unable to enter into contracts. The Mayor noted that this matter was considered in Committee of the Whole on July 18, 1983 whereupon Councillor A. Vincent expressed dissatisfaction with the discussion at that time and he Questioned the status of mortgages in the name of the Commission. The Mayor suggested that Councillor A. Vincent should submit his Queries to Council in written form in order for the Legal Department to address same. Question being taken, the motion was carried with Councillors Murray and A. Vincent voting "nay". On motion of Councillor Gould 1 Seconded by Councillor Knibb RESOLVED that section 11 of the above report be adopted. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Transit Commission advising of a resolution adopted by the Commission on July 19, 1983 to terminate 'the Red Head-Latimer Lake bus route upon the depletion of funding for same on July 29, 1983, and submitting a copy of a staff report regarding this transit route -- be received 'and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nayH. On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that the letter from the Saint John Tourism Advisory Committee recommending that Mr. John Sharp of Hilton International be named as a member, and a member of Common Council act, as a liaison member, of this Committee; submitting a copy of a report on recommendations for improvements for signage in the City of Saint John, and also recommending that the Market SQuare development be designated as a tourist attraction; and questioning whether a new information officer will be hired for 'the City's Tourism and Public Relations Department -- be referred to the City Manager and the Nominating Committee for action. Question being taken, the motion was carried. ... ~ 6~ On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the Minister of Municipal Affairs regarding recent significant amendments to the Assessment Act which deal specifically with, among other things, the appeal procedure with respect to a real property taxpayer appealing the amount of his/her assessment beyond the stage of a Notice of Reference to the Minister, such amendments being instituted in an attempt to provide a generally simple and less costly appeal procedure for taxpayers by replacing the adversary system of the Appeals Tribunal with an efficient and more informal assessment review procedure through the establishment of a series of Regional Assessment Review Boards; requesting that each municipality nominate three residents (two members and one alternate) for consideration as appointees to same, such appointments being non-remunerative, and recommending that those nominated be individuals who would normally be able to take time from their own work schedule to attend at hearings of the Board and, if possible, one member should be a senior employee of the municipality, and those nominated should be residents with background experience of a nature which would provide capability to deal with decisions involving the valuation of real property -- be referred to the Nominating Committee. . I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Stewart J. Kincade reQuesting to purchase the vacant lot located to the east of his property on 28 Harding Street for use as a parking area -- be referred to the City Manager for a report and recommendation. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mrs. Libby Shackleton regarding the participation of the Lancaster Kiwanis Steel Band in the International Folklore Festival in France, expressing the hope that Common Council will be able to financially assist this Band despite acknowledged tight budgets and that other citizens of the City will indicate their appreciation of this Band by voicing their approval of such assistance -- be referred to the grants committee. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Joan Parfitt protesting the complete opening of Market SQuare on Sundays as proposed; stating that The Lord's Day Act is certainly not out of place in this old Loyalist City and that to have Market Square declared a tourist site with all signs leading there is discriminating against the old established businesses, and expressing the I hope that those on Council who have a conflict of interest will refrain from voting when a vote of Council is taken -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Saint John Central Business Development Corporation expressing its concerns regarding the proposed designation of Market SQuare as a tourist attraction; stating that the City centre as a whole, with such attractions as King SQuare, the City Market, the Preservation Area, Loyalist House, the Courthouse, Barbour's Store, Market SQuare etc., merits designation as a tourist centre with all the promotional advantages that it provides and encouraging Council to reQuest the Province to increase its recognition of the City centre as one of the major tourist designations in the Province; also stating that many of the merchants among the . uptown retail community indicated strong opposition to the concept of Sunday shopping for a variety of reasons, and that the Central Business Development Corporation opposes the concept of singling out any one component of the City centre business community for preferential treatment -- be received and filed. Councillor Knibb noted that the above Corporation is not taking a or in opposition to the designation of Market SQuare as a tourist area, but complete City centre merits designation as such. A brief discussion ensued position either in favour is suggesting that the regarding this matter. (Councillor M. Vincent re-entered the meeting.) I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mr. Gerald A. Walsh offering to sell approximately 25 acres of property on the Sand's Road in Upper Golden Grove, for the sum of $12,000.00 -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter and petition from the Westgate Community Association in support of the proposed development of a soccer field on Island View Heights school property with regard to the 1985 Canada Summer Games -- be received and filed and a copy be forwarded to The Saint John 1985 Canada Summer Games Society, Inc. (Councillor A. Vincent withdrew from the meeting.) . Question being taken, the motion was carried. ~ '" ,61 On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that an item regarding Canada Games venue locations, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor M. Vincent RESOLVED that Common Council approve the' venue locations for the 1985 Canada Summer Games, with the exception of the location for soccer, as outlined in a letter from The ,Saint John 1985 Canada Summer Games Society, Inc. dated July 21, 1983. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the recommendation of the Nominating Committee regarding appointments to The Market SQuare Corporation, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the 'Nominating Committee, the following persons be appointed to the Board of Directors of The Market SQuare Corporation effective July 28, 1983, and further, to ensure continuity on the said Board of Directors in the future, the terms of office be as listed, namely: Thomas L. McGloan - three-year term, Nancy E. ,Teed - three-year term, Harold G. Stafford - two-year term, Henry Meinhardt - tvo-year term, and Deputy Mayor Samuel Davis - two-year term: AND FURTHER that Councillor M. Vincent be thanked for his service while a member of the Board of Directors of The Market SQuare Corporation. Councillor M. Vincent, noting that he is not being reappointed to the Board of Directors of The Market SQuare Corporation, expressed his pleasure of having served on this Board since its inception and ha,'ing been involved in the development of the Market Square project. (Councillor A. Vincent re-entered the meeting.) Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the recommendation of the Nominating Committee regarding appointments to the recently-established Economic Development Council, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by ,Councillor Schermerhorn RESOLVED that as recommended by the Nominating Committee, the following persons be appointed to the Economic Development Council: Malcolm Somerville - Chairman, Walter Flewelling, Edward Stephenson, Thomas Simms, Jr., Donald Royal, William Stanley and James Maskell. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. I Question being taken, the motion was carried. .~ft: ~/'r -', I At a Common Council, held at the City Hall in the City of Saint John, on Thursday, the tventy- eighth day of July, A.D. 1983, at 9:30 o'clock a.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - . Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; N. Bar~oot, Assistant City Manager; D. Buck, Deputy Commissioner of Housing and Renewal Services; D. Wilson, Commissioner of Finance; J. Dunham, Deputy Police Chief; and Ms. Y. Huntington- LeBlanc, Director of Tourism and Public Relations. ... , 62 -., This meeting of Common Council was called for the purpose of dealing with the following documents relating to the Market SQuare Development:- (1) proposed Parking Garage Sub-Lease and Right-of-Way/Easement Agreement - Hotel Premises; (2) Parking Garage Sub-Lease and Right-of-Way /Easement Agreement - Modest Rental Housing; (3) Parking Garage Sub-Lease and Right-of-Way/Easement Agreement - Senior Citizens Housing; and (4) proposed Mortgage in favour of CIBC Mortgage Corporation for the Modest Rental Housing. Her Worship the Mayor advised that the Legal Department is in receipt of information which must be considered and she reQuested that a brief recess be taken at this time. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Common Council receSS and meet in Committee of the Whole. Question being taken, the motion was carried. The meeting resumed following a meeting of Council in Committee of the Whole. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, subject to agreement with Rocca on all related matters in respect of the following documentation, the Mayor and Common Clerk be authorized to execute the said documentation substantially in the form as presented to Common Council on this date by the City Manager as well as any ancillary documentation: (1) Sub-Lease and Right-of-Way/Easement in favour of the City of Saint John from the City of Saint John with respect to the portion of the Market SQuare Parking Garage Space associated with the Modest Rental Housing Project; (2) Sub-Lease and Right-of-Way/Easement in favour of CMHC from the City with respect to the portion of the Parking Garage Space associated with the Senior Citizens Housing Project; and (3) Sub-Lease and Right-of-Way/Easement in favour of The Rocca Group Market Square Development Limited with respect to the Hotel Project. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the following recommendations of the City Manager be adopted, namely:- 1. That the City borrow from CIBC Mortgage Corporation the principal sum of four million nine hundred twenty-three thousand five hundred eighty-five dollars ($4,923,585.00) in lawful money of Canada (the "Loan") upon the terms and conditions set forth in the mortgage commitment between CIBC Mortgage Corporation and the City dated April 5th, 1983, as amended by letter agreement between CIBC Mortgage Corporation and the City dated April 12th, 1983, which mortgage commitment, as amended, was accepted by the City on April 19th, 1983. 2. That the action of the Mayor and the Assistant Common Clerk in accepting the mortgage commitment, as amended, is hereby approved, ratified and confirmed. 3. That as security for the Loan and the fulfillment of the City's obligations in connection therewith, the City do grant to CIBC Mortgage Corporation:- (a) a Mortgage on the City's interest in the Demised Premises known as the Modest Rental Housing Space leased or to be leased to the City by The Market SQuare Corporation under the terms of a certain Modest Rental Housing Space Lease dated as of May 31, 1983 and the Demised Premises known as the Parking Garage Premises together with the Easement and Right-of-Way demised, granted and conveyed or to be demised, granted and conveyed to the City by the City under the terms of a certain Parking Garage Sub-Lease and Right~of-Way/Easement Agreement - Modest Rental Housing Space dated as of May 31, 1983; (b) an Assignment of Rents in respect of the rental income to be derived from the premises described in the aforesaid Modest Rental Housing Space Lease; (c) a Chattel Mortgage on all moveable property within the premises leased or to be leased by The Market SQuare Corporation to the City under the terms of the aforesaid Modest Rental Housing Space lease; and (d) such other documents as may reasonably be re~uired by CIBC Mortgage Corporation in order to secure the Loan. 4. That the Mayor and the Common Clerk be and they are hereby authorized to execute on behalf of the City the said security documents as referred to in paragraph 3. . I 1 . 1 . 5. That the Mayor and the Common Clerk be and they are hereby authorized to sign all such other deeds, documents, instruments and writings and do all such other things as they may consider necessary, desirable or useful for the purpose of obtaining the Loan and carrying out the terms and fulfilling I the City's obligations to CIBC Mortgage Corporation in relation thereto. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Lfha7 /::!:"'7J:-:~r4 I . .... ,.. .~:- ~ ... , 63 :.., At a Common Council, held at the City Hall in ,the City of Saint John, on Monday, the eighth day of August, A.D. 1983, at 7:00 o'clock 'p.m. . present Elsie E. Wayne, Mayor councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; J. Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; R. Adams, Property Management Branch; and J. McIntyre, Personnel Officer. 1 Reverend Ramon Hunston, Pastor of Calvary Temple, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that minutes of the meetings of Common Council, held on July 25 and 28, 1983, be adopted. Question being taken, the motion was carried. . Her Worship the Mayor read a proclamation proclaiming August 7 to 13, 1983 as Cherry Brook Zoo Week in the City of Saint John. (Councillor Gould entered the meeting. ) The Mayor read a portion of an advertisement, which was published in the newspaper, The Evening Times-Globe, on this date, calling for development proposals for various City-owned serviced lots in the central peninsula south of Union Street. Her Worship the Mayor displayed a copy of a book on Stockholm, Sweden, a gift to the City from His ,Excellency Mr. Kaj Bgork, Ambassador to Sweden, with whom she met earlier this date. I Councillor Poley referred to a form letter from the Saint John Folk Club, copies of which were forwarded to Council members' as an information item, regarding the performance of Mr. Gordon Bok, folk-legacy recording artist from Camden, Maine, U.S.A., who will be appearing in the City in a special benefit concert for The Bi-Capitol Project Inc. on August 11, 1983. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two lots located at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and 363481), which together have a frontage of 80 feet and depth of 100 feet, from Low Density Residential to Light Industrial classification, and (b) to re-zone the same parcels of land from "R-2" One- and Two-Family Residential to "I- I" Light Industrial classification, to place the lots in a Municipal Plan and Zoning classification that would ,permit continued use as a welding shop by Cameron's Welding Ltd., as requested by Cameron's Welding Ltd. Consideration was given to a letter from the Planning Advisory Committee recommending that the above-proposed amendments not be approved. . Mrs. Monica Eldridge of 121 Winslow Street appeared before Council in opposition to the above- proposed amendments and referred to a petition, which she advised represents the concern of twenty-four persons" from a total of, twenty-nine persons polled, regarding the safety of children on Winslow Street and lower west side area of the City in view of the traffic in the subject area. I Replying to Council Queries, Mrs. Eldridge advised that, although traffic problems in the subject area are of major concern, there is also concern that, should Mr. Cameron sell his property following re- zoning of same, it is uncertain as to what other type of development may be established thereon. Mrs. Eldridge also advised that traffic in the area of the subject site has increased due to this business establishment, such traffic consisting of heavy machinery, and she pointed out that residents of the area are not opposed to Mr. Cameron, but are concerned about what may occur in the future should the subject property be re-zoned. Discussion ensued with regard to the nature of Mr. Cameron's business and Mr. Winch advised that it was his understanding that the use of this property was a non-conforming and also legal use based on the assumption that the welding shop was a long-standing use, however, he now Questions the legality of its use for a welding operation as it is his understanding from Mr. R. Lynch, Chairman of the Lower West Side Neighbourhood Committee, that the current operation commenced only 7 or 8 years ago, and that prior to this time it was the location of a blacksmith shop. The matter of approving the above application subject to Section 39 of the Community Planning Act was discussed with which Mrs. Eldridge expressed agreement providing there are controls over the manner in which the business concerned maintains its property etc. Councillor Murray expressed the understanding that residents in the area have other concerns than those mentioned above and he expressed the opinion that the opposition of the Planning staff and the Planning Advisory Committee to the subject application is indicative of why the property concerned should not be re-zoned. .1 . Mr. Donald MacGowan, Solicitor of Clark Drummie 4 Company, addressed Council on behalf of Mr. Lawrence Cameron, in support of the above application. Mr. MacGowan pointed out that, in view of Council's apparent consideration of a Section 39 re-zoning, in all probablityMr. Cameron will not change his situation should this type of re-zoning be granted because it would make it absolutely impossible for him to obtain financing as no financial institution would grant funding on a tied type of occupation or industry. Mr. MacGowan, referring to a prepared brief (copies of which were distributed to Council members at this time), responded to Mrs. Eldridge's concern with respect to traffic in the subject area by suggesting that the speed of traffic must, by necessity because of the ~ature of that street as coming off Market Place, be very slow and he considers it a fair assumption that any person hauling heavy equipment would be very alert to traffic hazards in any event, therefore to emphasize heavy traffic is unfair to this particular site. Mr. MacGowan expressed the opinion that the recommendation of the Planning Advisory Committee is based mainly on the contents of the Lower West Side Neighbourhood Plan, which suggests Mr. Cameron's operation is undesirable without providing reasons for this suggestion, and he explained the background and nature of the subject operation, which must ... ., ~~ have proximity to the harbour front. Mr. MacGowan also adyised that Mr. Cameron wishes to improve on the appearance of his operation by constructing a new building, as well as a fence and, referring to Mr. Winch's suggestion that there may be a Question of continuous use with respect to a blacksmith and welding operation, he expressed the opinion that Mr. Cameron's business operation represents a continuous use. Mr. MacGowan reQuested Council to deal with the subject application on the basis of its own facts and merits and to ignore the recommendation of the Lower West Side Neighbourhood Plan insofar as this application is concerned, and he expressed the opinion that the Planning Advisory Committee and staff have made insufficient independent investigations in this matter. . Mr. MacGowan, replying to Council Queries, advised that his comment with respect to financing was made on a speculative basis only based on his experience with financial institutions, which are unlikely to be favour ably inclined toward a limited use for the subject property. Councillor Knibb, speaking in favour of the proposed amendments, noted that he was a member of the Lower West Side Neighbourhood Committee, however, he does not support its recommendation with respect to Mr. Cameron's business operation, and he stated that he would speak very strongly in favour of the re-zoning without any conditions attached. Discussion ensued regarding the type of building proposed by Mr. Cameron and its location on the subject property, and Mr. Winch listed examples of various uses of property zoned "I-I" Light Industrial and he advised that the matter of variance is within the jurisdiction of the Planning Advisory Committee. I On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto, by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate two lots at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and 363481), which together have a frontage of 80 feet and a depth of 100 feet, from Low Density Residential to Light Industrial classification, be read a first time. I Question being taken, the motion was carried with Councillor Murray voting "nay". Read a first time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". . On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate two lots at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and 363481), which together have a frontage of 80 feet and a depth of 100 feet, from Low Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried with Councillor Murray voting "nay". Read a second time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City 1 of Saint John and Amendments Thereto". On motion of Councillor Gould c, Seconded by Councillor Poley RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning two lots at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and 363481), which together have a frontage of 80 feet and a depth of 100 feet, from "R-2" One- and Two- Family Residential to "I-I" Light Industrial classification, subject to Section 39 of the Community Planning Act limiting use of the property to a welding shop, be read a first time. Question being taken, the motion was carried with Councillor Murray voting "nay". . Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Poley RESOLVED that the by-law entitled "A Law to Amend the Zoning B y- Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning two lots at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and c363481), which together have a frontage of 80 feet and a depth of 100 feet, from "R-2" One- and Two- I Family Residential to "I-I" Light Industrial classification, subject to Section 39 of the Community Planning Act limiting use of the property to a welding shop, be read a second time. Question being taken, the motion was carried with Councillor Murray voting "nay". ":.:";Y. Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould I Seconded by Councillor Poley RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. p !)~~"::::!s:J .Jl~ :U:.'_.:.. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 1138 Rothesay Road (L.R.I.S. Number 297549), which has a frontage of 60 feet and a depth of 85 feet and is presently vacant, from Low Density Residential to District Centre Commercial . classification, and (b) to re-zone the same parcel of land from "RS-2" One- and Two-Family Residential to "B-2" General Business classification, to permit the construction of a building to be occupied by a repair shop for appliances, as reQuested by Mr. Norman E. Smith. ...... ,.. ,",,"',.-.;.).' 65 . _I 1 . 1 . 1 ,I . .... Consideration was given to a letter from the, Planning Advisory Committee recommending that the above-proposed amendments not be approved. Consideration was also given to a letter from Mr. Norman E. Smith reQuesting to withdraw the above application. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that Common Council grant the request of Mr. Norman E. Smith to withdraw his application for amendments to the Municipal Plan and Zoning By-Law with respect to property at 1138 Rothesay Road, and the correspondence related thereto be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to re-zoning a 5- acre portion of a larger parcel of land (L.R.I.S. Number 295287), located on the western side of the Westfield Road (Highway No.7) opposite The Workers' Rehabilitation Centre of New Brunswick, from "B-2" General Business and "RS-2" One- and Two-Family Suburban Residential to "IL-l" Neighbourhood Institutional classification, to permit erection of a Roman Catholic Church, as requested by Food City Limited. Consideration was given to a letter from the Planning Advisory Committee recommending that the subject site be re-zoned from "B-2" and "RS-2" to "IL-l" classification and that Common Council assent to the subdivision plan showing the proposed public street, and authorize the preparation and execution of an appro- priate subdivision agreement. Mr. Raymond Glennie of Palmer O'Connell Leger Turnbull & Turnbull, Solicitors, appeared before Council on behalf of the Roman Catholic Bishop, in support of the above application. Mr. Glennie noted that his client has agreed to purchase the said property subject to the reQuested re-zoning and also that both the Planning staff and Planning Advisory Committee reports are in favour of the subject amendments and he expressed the opinion that there is a need for a church in the area concerned. Mr. Glennie advised that he is not aware of any objections to the subject application and he expressed the hope that Council would see fit to give the proposed amendments first and second readings at this time. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of Saint John and Amendments Thereto" insofar as it concerns re-zoning a 5-acre portion of a larger parcel of,land (L.R.I.S. Number 295287), located on the western side of the Westfield Road (Highway No. 7) opposite The Workers' Rehabilitation Centre of New Bruswick, from "B-2" General Business and RS-2" One- and Two-Family Suburban Residential to "IL-l" Neighbourhood Institutional classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and'Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a 5-acre portion of a larger parcel of land (L.R.I.S. Number 295287), located on the western side of the Westfield Road (Highway No. 7) opposite The Workers' Rehabilitation Centre of New Brunswick, from "B-2" General Business and "RS-2" One- and Two-Family Suburban Residential to "IL-l" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor M. Vincent Seconded by Councillor Poley RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of Food City Limited, Westfield Road, Highway No.7, showing the proposed public street, and authorize the preparation and execution of ,an appropriate subdivision agreement. Question being taken, the motion was carried. Zoning zones. The Common Clerk advised that the necessary advertising was completed with respect to amending the By-Law by deleting medical and dental offices as conditional uses in "R-2" One- and Two-Family Residential No persons were present with respect to the proposed amendment. Consideration was 'given to a previous letter from the Planning Advisory Committee recommending that the Zoning By-Law be amended by deleting medical and dental offices as conditional uses in the "R-2" zone. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" insofar as it concerns deleting medical and dental offices as conditional uses in "R-2" One- and Two-Family Residential zones, be read a first 'time. Councillor Knibb re-iterated his opposition to the above-proposed amendment as, in his oplnlon, there should be no objection to having doctors or dentists operating their offices 'in residential areas, which could provide ,ready health services to nearby residents. Mr. Winch, replying to a query of the Mayor, noted that, if the proposed amendment is adopted, it does not'preclude an applicant from requesting a re-zoning of property at which time Council could consider the merits of the case in Question, and at the present time doctors and dentists can establish offices in the "R-2" zones subject to approval by the Planning Advisory Committee. Mr. Winch referred to the Planning staff's report which describes a specific request of this nature and commented thereon. A brief discussion ensued regarding this matter during which time Councillor Flewwelling expressed the opinion that there are adequate controls in effect to monitor situations of this """Il (it~ nature, and Mr. Winch confirmed a query of Councillor M. Vincent in that traffic movement in the subject area as a result of offices of this nature is the principal reason for the conditions being attached to the' recommendation of staff to the said Committee. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Flewwelling, Knibb, Murray and M. Vincent voting "nay". . '" ,.. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to relcassify a parcel of land located at 140-142 Waterloo Street (L.R.I.S. Number 13672), which has a frontage of 30 feet and a depth of 110 feet, from High Density Residential to District Centre Commercial classifica- ~tion and (b) to re-zone the same parcel of land from "RM-l" Three-Storey Multiple Residential to "B-2" Local Business classification, to permit the establishment of a telephone solicitation business for magazine subscription, as reQuested by Mrs. Mary Ann Coughlan. Consideration was given to a letter from the Planning Advisory Committee recommending that the above application not be approved. I Consideration was also given to a letter from Whelly & Whelly, Solicitors, on behalf of Mrs. Mary Ann Coughlan, requesting withdrawal of the above application. On motion of Councillor Gould Seconded by Councillor Vaughan I RESOLVED that Common Council grant the request of Mrs. Mary Ann Coughlan to withdraw her application for amendments to the Municipal Plan and Zoning By-Law with respect to property at 140-142 Waterloo Street, and that the correspondence related thereto be received and filed. Question being taken, the motion was carried. Mr. Cecil L. Johnston addressed Council on behalf of residents of Island View Heights regarding the possible choice of an area behind the Island View Heights School as the site for a soccer field for the 1985 Canada Summer Games. Mr. Johnston, reading from a prepared brief (copies of . which were distributed to Council members earlier in this meeting), expressed concern that locating the soccer field at the site proposed behind Island View School, without additional or alternative access, will detrimentally increase and change the nature of traffic currently in the subject area, and requested that, if access to the field is possible only through the Island View area, Council " 'select one of the other areas under consideration for the location of this soccer field. Discussion ensued with respect to a secondary access to the subject area in view of the anticipated traffic problems and the correspondence from the City Manager and the Board of School Trustees, School District Number 20, which is to be considered later in this meeting, was discussed particularly with respect to the opinion expressed therein that any increase in traffic would be minimal as a result of this field in the area. Mr. Johnston concurred that such a facility could only aid the youth of the area, and he suggested that, if this was only a matter of building a playground for the children of Island View Heights School with associated playground equipment, there would be no objection from the residents of the area, however, the proposed soccer field will be utilized by the youth of the schools in the entire Saint John school system which leads to their concern with respect to increased traffic to transport these students thereto. Councillor M. Vincent, a member of The Saint John 1985 Canada Games Society, Inc., noted that an attempt is being made to 'establish the various venue locations for the 1985 Canada Games throughout the City in order to involve as many areas as possible, and he suggested that Mr. Nicolle explain the proposed use and occupancy of the soccerfield during and following the Canada Games, which hopefully will alleviate the concern of the area residents. Mr. Johnston noted that the ongoing use of the proposed facility is the concern of the residents in the area. Councillor Murray, a member of The Saint John 1985 Canada Games Society, Inc., expressed the opinion that referring to the facility as a soccerfield is incorrect as, although it is to be used for soccer during the Canada Games, it is basically a green area to be used, as he understands, for youth soccer and not high school soccer, the latter to use the University of New Brunswick-Saint John Campus facility, following the Games. 1 Her Worship the Mayor thanked Mr. Johnston for his presentation and advised that Council will render a decision later in the meeting. . Read a letter from Mayor Wayne noting that Port Hawkesbury, Nova Scotia, is to be the location of a marine industry training centre which, in her understanding, is the first of five such facilities to be built in Canada as part of the Federal Government's special recovery program, and expressing the opinion that the City of Saint John, with its Port and Dry Dock, should be training its young people so that they remain in the City and work in the marine field, and that therefore this City should have a New Brunswick nautical institute. (Councillor M. Vincent withdrew from the meeting.) I Her Worship the Mayor suggested that Council should approach the Federal Government with respect to Saint John being the location for a nautical institute for the Province of New Brunswick. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John approach the Federal Government, through The Honourable Romeo LeBlanc, Minister of Public Works, and Mr. Michael Landers, Member of Parliament, reQuesting that the Federal Government consider Saint John as the location of a nautical institute in the Province of New Brunswick. 1 Question being taken, the motion was carried. ':,;': Consideration was given to a letter from Mayor Wayne referring to Council's approval, on October 13, 1981, of an agreement with Galbraith Construction Ltd. for the sale and removal of surplus rock from the North/South Arterial project, reQuesting that Council refer this matter to the City Manager for finalization in that Mr. Galbraith is either going to purchase and remove the excess rock and store it on his own premises, or the rock will be advertised for public tender once again. ,'I' ;\.. On motion of Councillor Murray . Seconded by Councillor Davis RESOLVED that the above matter be referred to the City Manager for report and recommendation. I ..... ,. ,,', "~', ~... ...,..r'/~~i':r--'~ '67 . Mr. McDermott, replying to Council Queries, advised that, to the best of his knowledge, Mr. Galbraith has reimbursed the City for whatever rock he has removed from that stockpiled, and he explained the manner in which the amount removed has been monitored and weighed. (Councillor Gould withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn J Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne advising that the City has been invited by the Provincial Department of Youth and Recreation to select a youth representative to be part of the Provincial delegation attending the National Forum on Youth Unemployment, which is being sponsored by the Newfoundland and Labrador Youth Advisory Council and will be held in St. John's from August 25 to 28, 1983; further advising that the only cost associated with this conference, if the City's nominee is accepted, is a $50.00 registration fee; stating that the end result of this forum will be the compilation of recommendations on policy for youth employment in Canada, and recommending Council's approval for a City nominee to attend this conference -- be received and filed and the recommendation adopted. 1 Discussion ensued regarding the manner to be used to select the City's nominee to the above conference and it was suggested that any person interested, and who meets the criteria as read by the Mayor, should contact the City in this regard. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) On motion of CoUncillor Knibb . Seconded by Councillor Poley RESOLVED that the letter from Mayor Wayne advising that a tour of the McA,'ity Plant in Saint John has been scheduled for the members of Common Council on Tuesday, August 23, 1983 at 1:00 o'clock p.m. -- be received and filed. Her Worship the Mayor reQuested a report from the City Manager with respect to an alleged problem with fire hydrants purchased recently by the City. Question being taken, the motion was carried. I Consideration was given to a letter from Mayor Wayne expressing the oplnlon that, as labour relations is an ongoing matter and one that should be a separate function from personnel relations, hiring an outside negotiator at contract time, which has been the practice since 1981, is not feasible and that a good labour relations officer should be in the field and should be able to anticipate problems as they are occurring and resolve same before they reach the grievance stage and before they become major problems and confrontation begins. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City Manager to review the two different approaches to labour relations and negotiations and report to Council. Question being taken, the motion was carried. . Read a letter from Councillor Knibb regarding the Provincial Government's reQuest for Council's opinion on the designation of the Market Square Development as a tourist attraction, providing a brief assess- ment of the reasons for and against such designation, based on Council's one debate and the four presentations, either in verbal or written form, to Council in this regard. The letter proposes that, to accommodate the objections of the Central Business Development Corporation to discriminate against its uptown stores, the following resolutions be forwarded to the Provincial Government:- (1) Saint John Common Council supports the reQuest of Market SQuare to be designated as a tourist attraction; (2) Common Council requests that, because the whole of the uptown area of Saint John is visually attractive to tourists and historically exciting, the following area shall be included by the Provincial Government in the designated tourist centre - from both sides of Union Street on the north to both sides of Duke Street on the south, from the perimeter of King SQuare on the east to the water front on the west; and (3) because this request marks a major change in retail policy for the City of Saint John, Common Council wishes to give notice that, after one year, it may wish to make further recommendations to the Provincial Government on the extent of the tourist area. I On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the above resolutions be adopted and forwarded to the Provincial Government. 1 Councillor Schermerhorn re-iterated his opposition to the designation of Market SQuare as a tourist area as it is discriminatory to the other merchants in the uptown area, and he also objected to the loss of traditional values which would occur if The Lord's Day Act was no longer in effect, and Deputy Mayor Davis and COilllcillor Flewwelling concurred with the latter objection. During ensuing discussion, Councillor Poley expressed concern that business may be reQuired, rather than being given the choice, to be open on Sundays should the subject ,designation occur, and Councillor Vaughan re-iterated her opinion that this matter should remain with the Province of New Brunswick to resolve as it is a decision which must be made by this government body. The Mayor expressed the understanding that businesses in Market SQuare will not have the choice of whether or not to remain open on Sundays as they will be reQuired to be should the above designation occur. Councillor Murray expressed the opinion that, in view of many persons leaving the City to visit other cities in the Province, Saint John must take steps to be competitive with these centres in order to attempt to ensure the success of the Market Square project" which in turn will benefit other areas of the City. . Question being taken, the motion was lost with the Mayor and, Councillors Davis, Flewwelling, Gould, Poley, Schermerhorn and Vaughan voting "nay". The Mayor noted that the Provincial Government will be notified of Council's decision in this regard. .... ,G~ ., On motion of Councillor Knibb granted for payment of ' the D. Hatfield, Ltd. - (Water - (Works Stephen Paving (1982) Ltd. Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be following invoices, namely:- Dept.) equipment rental Dept.) equipment rental - supply of asphalt - supply of asphalt - supply of asphalt . July 15-31, 1983 July 15-31, 1983 July 21-27, 1983 July 28 & 29, 1983 August 2 & 3, 1983 $ 3,929.22 11 ,371. 49 46,351.04 24,522.20 $18,894.01 (Councillor M. Vincent re-entered the meeting.) Councillor Flewwelling alluded to a situation during the past week where eight half-ton trucks, each with what appeared to be a foreman, were on a project site and suggested that the necessity of renting the number of half-ton trucks be investigated in order to determine whether it might be more ,feasible to purchase same, and he reQuested a report on this matter. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1 1. Rockwood Park washroom facility Bonney Construction Ltd. To construct 20' by 26' facility building Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated July 27, 1983 Final holdback release $ 33,314.00 31,938.40 Nil 30,980.25 . $ 958.15 2. Hilyard Street outfall Que-Mar Construction (Maritimes) Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated August 3, 1983 Final holdback release $ 71,386.00 65,386.00 Nil 63,424.42 $ 1,961. 58 I $ 28,809.00 28,002.69 Nil 27,162.60 $ 840.09 I"; 3. Carleton Community Centre Ken Whipple Building Contractor Ltd. Replacement of doors and windows Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 4, 1983 Final holdback release 4. Salt storage domes Hayland Limited To construct two 61' diameter salt domes Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 4, 1983 Final holdback release $114,600.00 110,804.00 Nil 107, 479.88 $ 3,324.12 . Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Poley RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $8,500.00 for the guarantee of rehabilitation of the gravel pit located on Mabee Road, which is owned by Mr. Joseph Steele. Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for demolition of the building 1 located at 68 Spar Cove Road, which is owned by the Province of New Brunswick with the City acting as its agent for the said demolition and to be reimbursed for the cost of same, plus $300.00 to cover the City's costs. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the low tender as submitted by Master Enterprises Ltd. and acceptable to the Province of New Brunswick, in the amount of $3,075.00, be accepted for the demolition of the building located at 68 Spar Cove Road. . .... ,. :69 Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Tractors and EQuipment (1962) Ltd., in the amount of $10,659.00, plus Provincial sales tax, be accepted for repairs to the undercarriage of a 1978 Komatsu bulldozer. ) Mr. Barfoot, replying to a Query of Councillor Vaughan, advised that the tendered pric, includes the cost of transportation of this bulldozer to Fredericton, N.B., which is the location of the above company. Councillor Knibb, speaking in opposition to the, above tender award, stated that he would prefer that the second lowest bidder be awarded the tender as it is a Saint John firm. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Knibb 1 Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Ralph's Trucking Ltd., in the amount of $4.23 per tonne for trucking of salt, and the tender of Galbraith Construction Ltd., in the amount of $4.90 per tonne for crushing of salt, be accepted. The Mayor reQuested the City Manager to review a previously-:-submitted report to Council from R. E. & J. E. Friars in order to determine whether it would be more economical to handle the trucking of salt in the manner proposed therein. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the amendments to the funding agreements under the Immediate Employment Stimulation Program for work at Dominion Park and for the design and construction of portable bleachers on the west side of the City. Mr. McDermott, replying to a Query of Councillor Flewwelling, advised that the above work will be performed by City staff. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Poley < RESOLVED that as recommended by, the City Manager, Common Council designate Mr. Stuart Armstrong, Deputy Commissioner of Engineering, as the 'City's representative for the City Centre Improvement Construction Management Agreement, effective as of July 8, 1983 and for the City Market Renovations Contract, effective June 22, 1983. The Mayor Questioned why Mr. Barfoot, Acting Commissioner of Engineering and Works, is not being proposed as the above designate to which Mr. McDermott replied that Mr. Armstrong has been performing in this capacity. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the possible designation of Market SQuare as a tourist area, which was considered by Council at its meetings of July 11 and 25, 1983, recommending that, as Council and the community are clearly divided on this issue and as the decision regarding such designation does not rest with Council but with the Province, Council advise the Province that it is neither for nor against the requested designation be received and filed. Question being taken, the motion was carried with Councillor Knibb voting' "nay". On motion of Councillor Knibb 1 Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that discussions have been held with representatives'of A:C. Nielsen Company of Canada Ltd. regarding Council's approval, at its July 11, 1983 meeting, of the sale of property on Millidge Avenue to this company, and recommending that Council's resolution adopted at that meeting be clarified with respect to the exact conditions under which the, repurchase option would come into effect, to read as follows:- Resolved that as recommended by the City Manager, a parcel of land on the east side of Millidge Avenue, having a frontage of, 200 feet and a depth of 400 feet, containing approximately 2 acres, as shown on, the submitted plan, be sold to A.C. Nielsen Company of Canada Ltd., for the sum of $92,000,00, with an option for the City to repurchase the subject property at the same price within two years, if the proposed expansion of the said company, which is to include an addition to the existing Nielsen building at a construction cost of at least $300,000.00 and the development of a parking lot on the subject property, does not occur -- be received and filed and the recommendation adopted. I A brief discussion ensued with respect to the City's repurchase option. Question being taken, the motion was carried. Read a letter from the City Manager submitting a proposed policy for the engaging of professional services, particularly with respect to giving preference to local firms when engaging such services, such proposal based on the policy used in the City of Fredericton, N.B., as discussed by Council at its meeting of July 18, 1983, and recommending that the submitted policy be adopted. . A motion was proposed to adopt the above policy, however Councillor Flewwelling suggested that paragraph (4)(b) therein should be amended to read that no professional service be hired by the City without Council approval, and Mr. McDermott stated that he has no objection to this amendment. ... "i@ " On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above policy be adopted by Council with paragraph . (4)(b) amended to read that no professional service be hired by the City without Council approval. A brief discussion ensued regarding difficulties which may be encountered in determining what constitutes a local firm, and the Mayor replied in the affirmative to a Query of Councillor M. Vincent if the amended paragraph precludes the City Manager from exercising his spending authority with respect to the engaging of professional services as Council will make the final decision. Councillor Vaughan suggested that the short list of prospective consultants referred to in the above po~icy should be up- dated yearly to ensure a fairer distribution of business. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". I Consideration was given to a letter from the City Manager regarding local preference purchasing, with particular reference to adopting a percentage differential between bids from local firms and non-local firms, such matter having been discussed at Council's meeting of July 18, 1983, stating that the disadvan- tages of local price differential, in addition to the main feature of adding to the cost of services for all taxpayers, are that such a policy may have the effect of discouraging outside firms in bidding for Saint John contracts and may invite reciprocal action from other jurisdictmons ,where Saint John firms have to compete. The letter notes that the issue is international in scope and, as Saint John is a manufacturing City with many products exported, it may be inconsistent for Council to consider imposing a local prefer- ence barrier for its own purchases and advises that the Cities of Fredericton and Moncton, N.B., and Halifax and Dartmouth, N.B., have no policies giving a percentage differential for bids by local firms, and also that it is difficult to define what is meant by a local firm. The letter also notes that where Federal and Provincial cost sharing is involved, contracts must be awarded to the lowest Qualified bidder and states that, in some supply contracts, there are sometimes other costs to consider, such as warehousing and handling charges which have to be a part of the total cost decision on a conract, therefore, due weight must be given to these factors in awarding such contracts. The letter recommend that preference be given to local bidders only in the event of a tie bid, or where the local bid represents the lowest total cost to the City. Her Worship the Mayor requested a motion to receive and file the above letter and she noted . that Council will then retain its prerogative, if considered feasible, to accept the second low tender in the event it is from a local firm and providing it is within a 5 to 7 percent range. 1 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above letter from the City Manager be received and filed. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb 1 Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding the petition from residents of Island View Heights opposing the construction of a sportsfield in that area, and the petition from the Westgate Community Association in support of the proposed development of a soccer field on Island View Heights school property, such petitions considered at Council's meetings of July 20 and 25, 1983 respectively, as well as to Council's approval of the recommendation of The Saint John 1985 Canada Summer Games Society, Inc. of the venue locations, with the exception of a soccer facility, for the 1985 Canada Summer Games, also considered at Council's meeting of July 25, this 'group having recommended that the soccer facility be constructed at Island View Heights or another west Saint John location; advising that the Recreation and Parks Department supports the said recommendation for the reasons as outlined; referring to the main concern of the petitioners from Island View Heights as being an increase in traffic flow through the area, and expressing the opinion that this would appear to be minimal once the Canada Games are over and that the increased traffic due to the operation of a minor soccer field is hardly significant, and as well that the streets in the subject area are well eQuipped to handle a very minor increase in traffic; further advising that the possibility of providing a separate road access from Manawagonish Roead to the school and sportsfield has been examined, however, in view of the estimated cost of same being $200,000.00, this is not recommended, and recommending that Island View Heights be approved for the soccer field with the understanding that, following the 1985 Canada Summer Games, the facilitiy will be scheduled for youth programs, that is, school, neighbourhood and youth soccer -- be received and filed and the recommendation adopted. . Councillor Poley Questioned the source of the indication in the above letter that street standards for subdivisions allow for up to 175 families before additional road access is required. Mr. Barfoot advised that this is a C.M.H.C. standard for the approval of subdivisions. Councillor M. Vincent suggested that matters relating to the possible provision of a secondary means of access/egress to the area in Question, as well as to parking east of the Westgate area, be investigated by staff, and he suggested that Mr. Nicolle provide a verbal report with respect to the use of the proposed soccer field during and following the 1985 Summer Games. Mr. Nicolle advised that the prime site for soccer is to be at the University of New Brunswick-Saint John Campus and that the location of the secondary facility is what is currently under discussion. Mr. Nicolle further advised that, based on past experience, the secondary facility, although anticipated to be busy during the Canada Games insofar as players are concerned, would not be the site of many spectators as they traditionally view the events at the main facility. Mr. Nicolle stated that it is anticipated that this secondary location would become a neigh- bourhood facility to be used by children primarily from the west side of the City. Councillor M. Vincent Questioned if there is a plan to control utilization of this facility to which Mr. Nicolle advised that no problems are anticipated and that the youth soccer programs are well supervised, and that there are no plans to construct a building or install lighting in the subject area. 1 1 Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Murray RESOLVED that the City Manager be instructed to examine the possibility of establishing a secondary means of access/egress to the above area, and as well that the . area east of Westgate be examined for future possible parking, and report to Council. Question being taken, the motion was carried. .... ,.. , - ...:-:..~.- 71 On motion of Councillor Gould '. , . Seconded by Councillor Schermerhorn RESOLVED that the letter from the Board of School Trustees, School District Number 20, expressing the opinion that the Island View School site would be an excellent location for a soccer field for the 1985 Canada Summer Games -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Council~o Schermerhorn RESOLVED that the letter from the City Manager regarding out-of- Province vehicles being -issued: _warning slips in lieu of tickets for parking meter violations, .which was con- sidered by Council at its meeting of July 18, 1983; outlining the practice in Fredericton, N .B., and Ottawa, Ontario, noting that, based on a recent count of out-of-Province vehicles in the uptown area of the City, if a program similar to that of Fredericton were instituted, a revenue loss of approximately $5,000.PO would occur; suggesting that, although it is possible for Council to enact an amendment to the Parking Meter By-Law to deal with vehicles bearing out-of-Province license plates and using parking meter spaces during the months of July and August, Council should carefully consider whether this is a good policy, and recommending that a system similar to that used in the City of Ottawa as outlined be explored for possible implementation in 1984 -- be received and filed and the recommendation adopted. I . Discussion ensued during which time Councillor Poley expressed the opinion that the practice of Fredericton appears to be more feasible than that used in Ottawa as, for one reason, the former encourages more tourists to register at the City's tour'ist bureaus where they would obtain their parking passes and he suggested that a clause could be added to the Parking By-Law to indicate that vehicles are exempt which are issued passes in the form submitted. Mr. Nugent expressed the opinion that, if it can be identified clearly those vehicles which are to be exempt the requirement of parking meter tolls, this could be successfully accomplished in the By~Law, and he suggested that an amendment to the By-Law would be more feasible than having this handled administratively as is the practice in Fredericton.' Chief Ross, replying to a query of Councillor Poley, clarified his position by advising that'his opposition, as indicated in the above letter, is mainly to the suggestion that the Police Department ignore such violations to the Parking Meter By-Law, however a proper amendment to the By-Law would alleviate his concern. Councillor Flewwelling suggested that, although parking tickets are issued, there is no requirement to prosecute the violators, and Deputy Mayor Davis suggested that each tourist be supplied with a certain number of parking meter coins. A brief discussion ensued during which time a tabling motion was proposed, however the question was not taken, and Councillor Schermerhorn explained his intent in requesting Council to consider this matter at its July 18, 1983 meeting. Question being taken, the motion was carried with Councillors Murray, Poley, Schermerhorn and M. Vincent voting "nay". On motion of Councillor Gould 1 Seconded by Councillor ,Murray RESOLVED that as recommended by the City Manager, approval be given to the Commissioner of Finance to expend up to $12,000.00, the timing of which will be at his discretion, towards the cost of a banQuet and planning for the C.P.jR.A. 1983 Conference, to be held in Saint John on August 14 to 18, 1983. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding a complaint of Mr. Edgar Vautour of 214 Winslow Street with respect to fees he was charged for turning off water, such matter having been considered by Council at a previous meeting at which time it was staff's recommendation that no change be considered with regard to Section 54, subsection (2) of the Water and Sewerage By-Law and that the bill was based on the existing service charges and should not be reduced to $25.00, and recommending that the charge of $75.00 for services rendered to Mr., Edgar Vautour stand and that Mr. Vautour be so informed be received and filed and the recommendation adopted. (Councillor Murray withdrew from the meeting.) Matters concerning the length of time involved in performing the above water shutoff and Mr. vautour's having said he was advised that the charge for such service was $25.00, however he was billed $75.00 for this work, were discussed. Councillor Schermerhorn suggested that, as there is some doubt with respect to what amount was quoted to Mr. Vautour over the telephone, Mr. Vautour should only be billed $25.00 for this work. 1 Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Schermerhorn, Vaughan and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that Mr. Edgar Vautour be invoiced $25.00 with respect to a callout to turn water off at, 214 Winslow Street. 1 (Councillor Murray re-entered the meeting.) Councillor Poley, speaking in opposition to the above motion, Questioned if a system could be devised whereby, rather than verbal Quotes being given, a receipt quoting the pertinent By-Law section and rate charged is utilized. During the brief'discussion, Councillor Murray Questioned how often an instance such as that with Mr. vautour occUrs to which the Mayor replied that she is aware of only two such cases which were recently before Council for consideration. Question being taken, the motion was carried with Councillors Davis, Gould, Knibb and Poley voting "nay". . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the biQ of Strescon Limited, in the amount of $12,152.00, be accepted for supply of precast concrete cribbing to reconstruct the retaining wall on the south side of Wright Street. Question being taken, the motion was carried. ... 7~ ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Bassen Enter- 4It prises be permitted to withdraw its tender for uniform clothing; the tender of Hoffman's Ltd. for supplying approximately 150 Yukon Caps, at a price of $35.70 each, be accepted, and that the tender of Safety Supply Co. for supplying approximately 150 summer jackets, at a price of $36.50 each, be accepted. o Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Bassen Enterprises requesting Common Council's permission to withdraw its tender for uniform clothing as an error was made therein, be received and filed. I . Question being taken, the motion was carried. Read a letter from the City Manager recommending that all tenders received for the sale of 21-23 Coburg Street and 25 Coburg Street be rejected and the deposits returned; that a study be made to estimate the cost of repairing the buildings so they can be rented; that, after the cost study has been made, a report be presented to Common Council; that, if the cost study shows the repairs are economically feasible, they be carried out and the building rented, before 'winter; and that, after being rented, the properties be listed for sale through a real estate firm which, it is suggested, should be chosen by lot. I A motion was proposed to adopt the above recommendation, however it was withdrawn following discussion at which time Councillor Vaughan suggested that Council should not be involved in repairing buildings, especially in view of the problems experienced with the Brodie building, and she expressed the opinion that this matter should be referred to a real estate company in an attempt to sell these buildings. . On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that all tenders received for the sale of property at 21-23 and 25 Coburg Street be rejected and the deposits returned, and that these properties be listed for sale, for a period of 90 days, with a real estate agency. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding the proposal of Saint John Heritage Trust with respect to the buildings at 5-7 and 9-13 Prince William Street, submitting a recommendation ~or Council's consideration. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week pending a meeting on August 9, 1983 between the City Manager and the Heritage Trust group. Question being taken, the tabling motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of Crane Supply, in the amount of $49.00 each, be accepted for the supply of 4 1/4 inch gate valve boxes during the period August 1, 1983 to July 31, 1984. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding a request of Mr. David MacGowan to purchase, or obtain approval to close off and landscape, a 10-foot wide strip of property adjoining 206 Riverhill Drive, recommending that Mr. MacGowan be permitted to fence the walkway adjoining his property and to landscape same with the understanding that City departments will have access to the 12-inch storm sewer located within the walkway whenever the occasion warrants -- be received and filed and the recommendation adopted. 1 Councillor Poley expressed concern that, if Mr. MacGowan is granted his request and his property is subsequently sold, the new owners could conceive that the above walkway is their property in view of it appearing to be a continuation of same. Mr. Nugent advised that, should Council adopt the above motion, it will be committed to proper legal documentation. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a report of an investigation conducted by the Fire Prevention Division of the Saint John Fire Department of the property located at 264 Waterloo street, as reQuested at Council's meeting of July 25, 1983, noting that this report includes a statement to the effect that this building is not considered to be a fire hazard -- be received and filed. Question being taken, the motion was carried. . ~ '" -~ h~~ 73 On motion of Councillor Gould o . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a report prepared by the Property Management Department with regard to the sprinkler system in the Old City Hall and Brodie buildings, which was discussed by Council at its meeting of July 25, 1983, be received and filed. , Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding an offer of Dykeman and Company Ltd. to sell property at Rothesay Avenue, advising that the Engineering and Works Department expressed an interest in acquiring this parcel, and recommending that negotiations be commenced for the acquisition of this property providing a reasonable price can be negotiated -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding an inQuiry of Mr. G. Hunt into the possibility of leasing a 40 foot x 60 foot portion of land on Rothesay Avenue, which is the location of the former C.N.I.B. Canteen, recommending that this property not be sold but that Mr. Hunt be advised that he can lease the land on a month-tomonth basis at a rate of $50.00 per month -- be received and filed and the recommendation adopted. Question being t,aken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from 'the City Manager regarding Mr. C. Jenkins' reQuest to purchase property adjacent to his property at 183 Millidge Avenue, which was considered by Council at its meeting of July 4, 1983, recommending that, as this parcel of land provides pedestrian access to Shamrock Park, the land in Question not be sold and that Mr. Jenkins be so advised -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding Mr. G. Black's offer to sell 12 acres of land and a house at Silver Falls, which was considered by Council at its meeting of July 11, 1983, recommending that Mr. Black be informed that the City has no interest in aCQUiring this property at this time -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager regarding Mr. S. J. Kincade's reQuest to purchase a lot of land lying east of his property at 28 Harding Street, which was ~ considered by Council at its meeting of July 25, 1983, recommending that Mr. Kincade be informed that the subject lot is not owned by the City of Saint John -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding Mr. Eloi Robichaud's request to purchase a lot of land adjoining his property at Saint John Street West, which was considered by Council at its meeting of July 11, 1983, recommending that an appraisal be completed on the property in Question and that negotiations be opened with Mr. Robichaud for the sale of this ,property to him -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Gould 1 , Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding Mr. Luigi Rocca's reQuest to aCQuire a portion of property at the corner of Sand Cove Road and Pine Avenue, which was considered by Council at its meeting of July 11, 1983, recommending that, as it is considered unwise for the City to sell any portion of the land at this time in view of its having been aCQuired for the realignment of Pine Avenue for ,which the final design is not yet complete, this land not be sold and that Mr. Rocca be so advised -- be received and filed and the recommendation adopted. Councillor Flewwelling suggested that steps should be taken to improve the appearance of the above lot to which Mr. McDermott stated that it will be cleaned up. Councillor Schermerhorn requested a report on the plans for Pine Avenue. Question being taken, the motion was carried. . 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 ~ 7~ ~ Your Committee begs leave to report that it sat on July 25, 1983, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- . 1. That as recommended by the Nominating Committee, the following persons be appointed to the Housing Policies Committee: Travis Cushing - Chairman, Manford Tho~pson, Patrick Darrah, Keith Winsor and Arthur Flood. 2. That the following persons be appointed to a committee to review the City's present grant structure and to submit recommendations to Common Council on the establishment of guidelines for grants from the City: Joseph Flynn, Mrs. Mildred Jones, Seward MacDonald, Ms. Yvonne Huntington- LeBlanc, Ronald Park, Miss Anne Thorne and Paul Duncan. I 3. That as recommended by the Nominating Committee, the following persons be appointed as a committee to review the City's present Taxi By-Law: Mayor Wayne and Councillors Knibb, M. Vincent and Flewwelling. 4. That with regard to the recommendation of The Saint John Bicentennial Inc. that the bleacher seats now located on Broadview Avenue be left in place and a short section of this street be closed to vehicular traffic, Council approve the City Manager's recommendation that the disassembly of the bleacher seats proceed as previously planned. August 8, 1983 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Poley RESOLVED that section 2 of the above report be adopted. The Mayor noted that she has asked Mr. Park to chair the above committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that section 4 of the above report be adopted. Mr. McDermott, replying to Council Queries, advised that the above bleachers will be stored in the Barrack Green Armouries building, in accordance with the agreement with the Department of National Defence, and that the proper maintenance of these bleachers is being examined. . Question being taken, the motion was carried. Read a letter from the Planning Advisory Committee regarding assent to a subdivision plan and money in lieu of land for public purposes with respect to the Raymond Debly subdivision, Lakewood . Avenue West, Forest Hills. Consideration was given to a letter from Mr. Gordon Graham regarding the above-proposed subdivision. Councillor Schermerhorn proposed a motion, which was seconded by Councillor Flewwelling, adopting the recommendation of the Planning Advisory Committee as well as a requirement that the agreement contain a clause that the design, character and appearance of the proposed building or structure is not below the general standard of design, character and appearance of other buildings or I structures, prevailing or intended to prevail in the zone, such clause to be administered through the City Manager. Discussion ensued during which time Councillor M. Vincent expressed the opinion that nothing should be done to prevent Mr. Graham from beginning construction of a single family dwelling for his own use in the proposed subdivision as indicated in the above letter and he questioned whether staff has investigated the water and sewerage supply and control, as well as other related matters, in the area concerned. Mr. 'Winch advised that it is his understanding that there are no problems with respect to water and sewerage, however if the subdivision increases more than the five lots, the situation will have to be reviewed again and staff would require a plan to review in this situation. Councillor Poley noted the presence in the Council Chamber of persons from the area I concerned and he suggested that a representative of this group should be invited to address Council in this regard whereupon the proposed motion was withdrawn. On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that a representative of the delegation regarding the above-proposed subdivision be invited to address Council at this time. Question being taken, the motion was carried. Mrs. Marilyn Stewart of 37 Lakewood Avenue West addressed Council regarding the concern of 4It the area residents with respect to water and sewerage and she advised Council that they have no objection to the type of home Mr. Graham is proposing to construct, which she believes to be a single family dwelling, or to other homes being built as long as they are in keeping with the other homes in the area. During ensuing discussion, the Mayor Questioned the propriety of Councillor Schermerhorn's .... ,. 75 . ) I . 1 . 1 I . ... previously-withdrawn motion as it appears to repr~sent,a change from the usual routine whereas it proposes the involvement of the City Manager in the administration of a clause with respect to the design, character and appearance of the proposed buildings. Councillor Schermerhorn expressed the understanding that the clause he wished included in his proposed motion is part of the Zoning By-Law whereupon Mr. Nugent expressed the opinion that it would be superfluous to address the administration of that matter to the City Manager and make it part of this approval process, if, in fact, it is already contained in the Zoning By-Law. The Mayor suggested that it should be brought to the attention of the development officer that Council expects that section of the By-Law to be enforced. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of Raymond Debly on the north side of Lakewood Avenue West and east of Candace Street, Forest Hills subdivision, subject to the City and developer entering into a subdivision agreement providing for the developer to improve and/or extend LakewoodAvenue in accordance with the reQuirements of the Subdivision By-Law and the Commissioner of Engineering and Works; that the sum of $2,370.00 be accepted in lieu of land for public purposes, and that no further subdivisions be approved until a development plan is submitted for the balance of the applicant's property, taking, into consideration the expansion of Forest Hills Park and the City's road reQuirements. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Gordon Graham regarding the Raymond Deblysubdivision, Forest Hills, be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the retirement of Mr. William Lindsay, an employee of the Engineering and Works Department, in accordance with Section 9, Subsection 1 of the Pension Act, Mr. Lindsay having complied with the provisions of the said subsection by providing medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb p RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the retirement of Mr. Malcolm B. Scott, an employee of the En&ineering and Works Department, in accordance with Section 9, Subsection 1 of the Pension Act, Mr. Scott having complied with the provisions of the said subsection by providing medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED the letter from The Globe and Mail soliciting funds for the building of an arts and cultural centre in Yellowknife, Northwest Territories -- be referred to the grants committee. Councillor Knibb, speaking in opposition to the above motion, noted that Common Council should expect to be approached by the Bi-Capitol Project Inc. which The Bi-Capitol Inc., the group which is attempting to purchase the former Capitol Theatre to be used as a performing arts centre in the City of Saint John, and he expressed the opinion that Saint John is more of an underprivileged area than Yellowknife insofar as culture is concerned, ,the latter having been the recipient of grants from the other levels of government. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from The Globe and Mail soliciting funds for the building of an arts and cultural centre in Yellowknife, Northwest Territories -- be received and filed. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a letter from the Saint John Chapter of the New Brunswick Hunters Association regarding a proposed shooting range at Otter Lake. Mr. McDermott expressed the opinion that the above matter should be tabled pending his discussion with, Sergeant McCarthy of the Police Department who has been involved in this matter. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Chapter of the New Brunswick Hunters Association regarding the formation of a public committee to supervise construction and maintenance of a proposed shooting range at Otter Lake, First Loch Lemond Lake area -- be laid on the table pending a report from the City Manager. Question being taken, the tabling motion was carried. 75 ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Somerset Park Homeowners Inc. regarding water pressure problems in the area surrounding Somerset Park in the City's north end be referred to the City Manager for a report to Council. . Question being taken, the motion was carried. . ~ Read a letter from Mrs. Anne Levine noting that recently Common Council rejected her applica- tion to re~zone her property at III Manners Sutton Road, suggesting a method whereby accessory apartments could be permitted in certain single-family zones and requesting, in view of the fact that the Planning Advisory Committee has reQuested Planning staff to prepare documentation on this matter, Council's consideration to a request to amend the Zoning By-Law to permit accessory apartments in certain one- family zones and to re-zone Manners Su~ton Road to such a zone. r .0 Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, that the above letter be received and filed and a copy forwarded to the Planning Department for consideration in its report to the Planning Advisory Committee in dealing with the subject of accessory apartments, and that Mrs. Levine's cheque be returned. Discussion ensued during which time the section in the Zoning By-Law which permits persons on Manners Sutton Road to convert their homes into apartments providing they meet the requirements therein, one being that such homes must have been constructed prior to 1 January 1, 1930 was considered. The Mayor suggested that the proper motion is to refer this matter to the Planning staff and Planning Advisory Committee, and the return of the said cheQue be disregarded as this will be properly handled by those concerned. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Anne Levine reQuesting an amendment to the Zoning By-Law to permit accessory apartments in certain one-family zones and to re- zone Manners Sutton Road to such a zone -- be referred to the Planning Advisory Committee and Planning staff. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the application of A. C. Nielsen Company of Canada Limited for re-zoning of property on Millidge Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent 1 RESOLVED that the letter from Mrs. Janice M. Hare and Mr. R. M. Winters reQuesting to purchase property in Forest Hills be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that the requesting on behalf of Lanes Bakeries to purchase property on Manager for a report and recommendation. letter from Purnell & Brien, Solicitors, Wilson Street -- be referred to the City Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the request of Master Enterprises Ltd. to withdraw its tender for the demolition of buildings located at 5-7 and 9-13 Prince William Street be granted. Question being taken, the motion was carried. On motion of Councillor M. Vincent 1 Seconded by Councillor Gould RESOLVED that the letter from Albeco Advertising Ltd. reQuesting permission to place park benches at the bus stops in the Saint John area and to place billboard adver- tisements thereon -- be referred to the City Manager for a report and recommendation. The Mayor suggested that the above matter also be discussed with the Transit Commission. On motion of Councillor M. Vincent I Question being taken, the motion was carried. Seconded by Councillor Schermerhorn , RESOLVED that the notices from the Liquor Licensing Board advising that the applications of Seymour Miller for a beverage room license and a special premises- recreational license regarding premises on the ground floor and floors 2-3-4 respectively of 74 Prince William Street, and the application of Ye Old Pizza Factory Inc. for a dining room and lounge license regarding premises at Parkway Mall, 220 McAllister Drive, will be heard on August 5, 1983 -- be received and filed. Question being taken, the motion was carried. . ~ II"" ,77 On motion of Councillor Schermerhorn . Seconded by Councillor Poley RESOLVED that the application for grant assistance of Atlantic Provinces Graphic Arts Association in the form of a banquet as part of a convention,to be held in Saint John on June 22, 1984 -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn '..:;. ) Seconded by Councillor Murray RESOLVED that the application for grant assistance of Saint Joha, "Sultans" ball hockey team reQuesting $1,000.00 regarding its participation in a national tournament in Vancouver, British Columbia, September 2 to 6, 1983 -- be referred, to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Poley RESOLVED that the letter from Mr. Glenn Carpenter of Tabufile Atlantic Ltd. reQuesting Council to carefully monitor the current situation with respect to the animal shelter and League -- be received and filed. Question being taken, the motion was carried. On motion ,of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that this meeting be adjourned. . Question being taken, the motion was carried. YkA'1 Yf Ykrd C on Clerk At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of August, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F., Ross, Chief of Police; P. Clark, Fire Chief; D. J. French, Director of Personnel; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; D. Hatfield,'Property Management Branch; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reyerend Blaine Dunnett of St. Matthews Presbyterian Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on August 8, 1983, be adopted. 1 Question being taken, the motion was carried. Her Worship the Mayor noted that she extended greetings on behalf of Council to the delegates of the Canadian Parks and Recreation Association conference which is being held this week in Saint John, and she congratulated staff for its efforts in arranging this conference. The Mayor also noted that the official opening of the Canadian Little League Championships occurred on Saturday, August 13th last and, at her reQuest, Councillor Murray, who ,represented the City at the opening of these championships, commented on same. I On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from The Royal Canadian Legion, Jervis Bay Memorial Branch No. 53, reQuesting financial assistance from the City with respect to the upcoming first reunion of the survivors of the HMS Jervis Bay -- be referred to the grants committee for consideration. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt August 4-10, 1983 $72,217.94 ... ~ 78 Councillor Flewwelling expressed the oplnlon that the amount of $7,344.10 referred to in the above invoice with respect to highway #102 appears to be costly in view of the street area resurfaced, and he reQuested staff to look into this matter. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Armstrong Road watermain and storm sewer construction Dean Construction Limited Supply and install approximately 240' of watermain and 750' of storm sewer, plus appurtenances Current budget allotment Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated August 9, 1983 Final holdback release I $72,442.00 72,442.00 Nil 70,268.74 $ 2,173.26 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of an agreement between Canada Employment and Immigration Commission and the City of Saint John with respect to the Summer Canada Internship Employment Program, as well as a copy of an application to the said Program for the necessary funding, in the amount of $2,501.00, to carry out this program, recom- mending that the Mayor and Common Clerk be authorized to execute the said agreement and grant application on behalf of the City of Saint John -- be received and filed and the recommendation adopted. . Mr. McDermott explained that the project to be funded by the above grant is the consolida- tion, into one master file, of several files in the Personnel Department which is being carried out to improve the existing system. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray I RESOLVED that the letter from the City Manager regarding an offer of Mr. Gerald Walsh to sell property on Sands Road, which was considered at Councll's meeting of July 25, 1983, submitting a copy of a report from the Property Management Branch, and recommending that negotiations be opened between the City of Saint John and Mr. Walsh to acquire approximately 43 acres of land located on the Sands Road, part of which is within the Loch Lomond watershed -- be received and filed and the recommendation adopted. During ensuing discussion, several Council members expressed concern with aCQulrlng additional property in the watershed area, in view of the current budget restraints, and the Mayor requested the City Manager to review this matter and the priority of such property acquisition. Question being taken, the motion was carried. On motion of Councillor,Knibb . Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager noting that Council, at its meeting of October 20, 1980, resolved that the Provincial Department of Transportation be given permission to realign Mispec Road on City property and that the sale of the land required for the realignment take place at a later date; submitting a copy of a letter from the said Department which enclosed a deed for this parcel of land, such deed requiring the signature of the Mayor and Common Clerk; advising that Council has never agreed on a price for the sale of this land, which consists of a total of .61 acres as shown on the submitted map; further advising that staff has compared the value of this property with values applied to large tracts of land, namely $2,500.00 per acre and that the Province has agreed to pay $1,500.00 for the subject parcel of land, and recommending that Common Council accept the price of $1,500.00 for the .61 acres of land used by the Province of New Brunswick for realignment of the road near Mispec Park, and that the Mayor and Common Clerk be authorized to execute the deed between the Province of New Brunswick and the City of Saint John, subject to approval as to legality and form by the City Solicitor -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. Her Worship the Mayor noted that the City Manager has withdrawn two items, one regarding designation of Market SQuare as a tourist area, the other regarding fire hydrants, from this Council agenda. I On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender of Guildford's Limited, in the amount of $9,977.00, be accepted for fireproofing at the clubhouse at the Rockwood Park golf course. Mr. Brownell, replying to a Query of Councillor Schermerhorn, advised that the small eQuipment . referred to in the above report involves ride-on gasoline mowers, hand mowers and small motorized vehicles with gasoline engines. Councillor Knibb questioned if a less expensive method than that proposed above might be utilized to remove any safety hazard which might currently exist at the Rockwood Park clubhouse, and he suggested that the above matter be tabled pending a report in this regard. ~ ~ 79 Replying to a Question of Councillor Murray, Mr. Brownell also advised that it is expected that a recommendation will be forthcoming to Council with respect to the construction of a separate maintenance building which will be utilized to store the type of equipment necessary to maintain the golf course. Chief Clark, replying to.a query of the Mayor, explained the potential danger of storing nitrates used in fer:ilizer, and a~so ~erformlng eQuipment maintenance, in the same area with gasoline storage, and he not:d that hlS re?o~endatlon lS that such storage should involve a separate building. The matter of constructlng another bUlldlng and ~he cost concerned was discussed briefly during which ~IT. Johnson explained that the nitrates and the ga~ollne a:e t~ be removed from the clubhouse even with the proposed fireproofing, as the only purpose of the flreprooflng lS to permit the servicing and storage of' small machinery in the same building that houses a restauran~. T~e Mayor advised that the City Manager has reQuested that the above matter ,be tabled for one week pendlng hlS investigation. . I On motion of Councillor Schermerhorn Seconded by Councillor FleWwelling RESOLVED that the above matter be laid on the table for one week pending a report from the City Manager. Question being taken, the tabling motion was carried. On motion of Councillor Knibb 1 . Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager noting that on June 28, 1982, Council resolved that the Ritchie building on Princess Street be demolished as soon as possible and that tenants therein be offered accommodations in the renovated Brodie building; suggesting that, as such renovations are nearing completion and the tenants in the Ritchie building have been notified that space is available, it would now be appropriate to give the remaining tenants notice to vacate, and recommending that official notice to vacate on or before September 30, 1983, be given to the following tenants in the Ritchie building at 46-54 Princess Street:-(l) Mr. Gerald Defazio, c/o Garry's Barber Shop, 46 Princess Street; (2) Mr. Michael McCluskey, 50 Princess Street; and (3) Mr. Joseph Richard, 48 Princess Street; and that the above-noted tenants be advised the building will no longer be heated and that janitor service will end September 30, 1983 --be received and filed and the recommendation adopted. Mr. McDermott, replying to a Query of Councillor Flewwelling, expressed the understanding that the elevator in the above building was condemned several years ago. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager noting that the contract for installation of a sprinkler system 'in the Brodie building was awarded to Viking Fire Protection Limited, in the amount of $13,475.00, by CoUncil on December 20, 1982; advising that this Company completed the installation, which was checked by staff on May 27,1983, therefore the release of the 15% holdback is reQuested; further noting that payments totalling $11,453.75 were made to this Company, and recommending that the 15% holdback, in the amount of $2,021.25, be released to Viking Fire Protection Limited -- be received and filed and the recommendation adopted. Mr. McDermott, replying to a Query of Councillor M. Vincent, expressed the 'understanding that the above costs are attributable to work carried out only on the Brodie building and not incurred as a result of work done at an adjacent building ,as alluded to at a previous meeting of Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Poley RESOLVED that the letter from the City Manager regarding an offer of Viv-Al Holdings Ltd. to sell property at 52 'Dock Street, recommending that this property not be purchased and that Mr. F. Allan Appleby be so advised -:-- be received and filed and the recommendation adopted. Councillor Knibb expressed concern that persons will be reluctant to indicate their interest in property transactions, due to the current policy of considering details of same, such as price and terms of sale, in open session of Council, and he suggested that staff review this matter so as not to make public such details in the future. Question being taken, the motion was carried. I On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the proposed elimination of freight rate subsidies, explaining the nature of the two major components in the existing freight rate subsidy program, namely, the intra-regional subsidy program and the westbound subsidy program and listing competitive considerations which help to emphasize the importance of same, as well as to emphasize the problems associated with attracting and maintaining manufacturers and producers to the Atlantic Region; stating that the net effect would be to reduce the level of employment in this area, and recommending that the Mayor and Common Council present a very strong recommendation that the present freight rate subsidies be continued and, if possible, increased for the benefit of Saint John, New Brunswick and Atlantic Region firms -- be received and filed and the recommendation adopted. Her Worship the Mayor referred to a press release issued by the Council of Maritime Premiers and noted that this group is also taking a very strong stand in the above matter and wishes to have the Federal Government study ceased. A brief discussion ensued with respect to the concern expressed by various businesses in the City regarding the effects'of the proposed elimination of freight rate subsidies. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a Notice of Motion with respect to a proposed bond issue, be 'received and filed. Question being taken, the motion was carried. ~ 3@ ..., Her Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of the Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution, namely:- . 'RESOLVED that occasion having arisen in the public interest of the following public civic works and needed Civic Improvements and the refinancing of certain loans with Canada Mortgage and Housing Corporation, that is to say: GENERAL FUND Environmental Development Market Square - $4,750,000; City Centre Improvements - $1,882,133 -- $6,632,133 I Re-Financing of two Canada Mortgage and Housing Corporation Loans which had previously been authorized by Common Council - 14% Loan authorized on June 30, 1982 - $370,388; 14% Loan authorized on February 28, 1983 - $497,479 -- $867,867 Total General Fund - $7,500,000 WATER AND SEWER UTILITY Water System I Armstrong Road - $29,172; Rothesay Avenue - $46,818; Crown Street - $35,992; Marsh Bridge - $182,957; Musquash Pumping Station - $81,408; Watershed Development $123,653 -- $500,000 Sewer System Beach Crescent - $181,062; Millidgeville Sewerage Treatment Plant - $416,138; Ray Street, Black Street, Wasson Court, Woodward Avenue - $104,850; Cedar Point Trailer Park -$119,645; Germain Street - $62,173; Wentworth Street - $59,112; Young Street - $50,719; Red Head Road ~ $6,301 -- $1,000,000 . Total Water and Sewer Utility - $1,500,000 Total for all purposes - $9,000,000 THEREFORE RESOLVED that Debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29, and amendments thereto, to the amount of $9,000,000. "'. Mr. Wilson, replying to Queries of Councillor Knibb, advised that the above bond issue represents amounts budgeted for a year ago in both the five-year Capital Budget for the General Fund and the Water and Sewer Utility, and further that, although the Provincial credit rating having decreased recently will have an impact on the rates of interest for bond issues, he is uncertain as to the extent of same, and he noted that the interest rate for the above issue is anticipated to be in the ll~ to l~~ % range, which is approximately 1% higher than the bond issue earlier this year. 1 Councillor A. Vincent rose to a point of order regarding a reference made by Mayor Wayne earlier in this meeting to the City Manager's withdrawal of two items, one regarding designation of Market Square as a tourist area, the other regarding fire hydrants, from this Council agenda, and he expressed the opinion that a motion is reQuired to properly withdraw items therefrom. Mr. Rodgers, replying to a query of the Mayor, expressed the opinion that, once an agenda is prepared and submitted as a Council agenda, Council should become involved in changing that agenda and as to why items are withdrawn. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that items regarding designation of Market Square as a tourist area and fire hydrants be withdrawn from the agenda. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager referring to Council's meeting of July 28, 1983 at which time authority was granted to execute documents in connection with the Parking Garage at Market SQuare, advising that agreement on all related matters was not reached in time for the August 2, 1983 signing and discussions have continued resulting in modifications to the documents considered at the said meeting as follows:- (1) the City will not require the sub-lease premises to be repaired or constructed if The Market SQuare Corporation does not require the hotel or public housing to be repaired or reconstructed; (2) the City will not terminate the sub-leases for non-monetary defaults, except for those non-monetary matters beyond the authority of the City to cure, for example, a use of the premises contrary to the sub-lease; and (3) in the event that the lease for the hotel, or any of the public housing components, is terminated, then either the City or the City's sub-tenant will have the right to terminate the sub-leases from the parking space. The letter also advises that the closing date for the documentation of the parking garage sub-lease is scheduled for August 16, 1983, which will enable title for the public housing to be cleared, and submits a recommendation for Council's consideration. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the recommendation of the City Manager be I adopted. Councillor Vaughan suggested that, as this is the second time the above matter is to be considered without Council having the material to review until just prior to the meeting, the above matter be tabled. On motion of Councillor Vaughan Seconded by Councillor A. Vincent . RESOLVED that the above matter be laid on the table pending Council review. Question being taken, the tabling motion was carried with Deputy Mayor Davis and Councillor Murray voting "nay". ~ ,... 81 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tender as submitted by A. Simpson Construction, in the amount of $2,350.00, be accepted for the demolition of the ,building located at 14-16 Suffolk Street. Question being taken, the motion was .carried. 1 Councillor M. Vincent referred to the item regarding Market Square documentation, which was tabled by Council earlier in this meeting, and noted that the signing of such documents has been scheduled for August 16, 1983. Mr. Barfoot explained that the reason for the delay in Council's receiving this documentation is that negotiations regarding same were not completed until August 13, 1983 and that, in view of the opinion of Mr. J. Nugent of the Legal Department that there are several items which are slightiy different from what was previously presented to Council, these items now reQuire Council's authorization in order for the closing documentation for the Market SQuare to be signed on August 16, 1983. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Council reconsider the item regarding Market Square I documentation at this time. Question being taken, the motion was carried with Councillors Schermerhorn and Vaughan voting flnay". . Mr. Barfoot, in response to a reQuest of the Mayor, elaborated ,on the nature of the changes in the submitted documentation and explained that such changes relate to a tie-in between the sub-leases to the small areas within the parking garage and the structures which sit above the parking garage, and that it is the desire of the parties concerned that the terms and conditions which apply to the main structures, that is the public housing and hotel area as indicated in the submitted documentation, be as identical as possible in the sub-leases as they are to the main leases, thus the basic reason for these modifications being presented to Council for approval at this time. Discussion ensued during which time Councillor Poley suggested that Council should be kept updated regarding the Market Square project status and Council's relationship to same. Mr. Rodgers, replying to a query of Councillor M. Vincent, expressed the opinion that he is satisfied with Council's proposed action and as well that Council's authority of July 28, 1983 was not extensive enough to cover the new negotiations which have occurred since that time, and further that the proposed 'changes are beneficial to both parties. On motion of Councillor A. Vincent 1 Seconded by Councillor Knibb " ' RESOLVED that the resolution passed at the Special Meeting of Common Council held on the 28th day of July, A.D., 1983 dealing with the execution of documentation with respect to the Market SQuare Parking Garage Space be rescinded; AND FURTHER BE IT RESOLVED that as recommended by the City Manager, subject to agreement with the Rocca Group Market SQuare Development Limited on all related matters in respect of the following documentation, the Mayor and Common Clerk be authorized to execute the said documentation substantially in the form as recommended by the City Manager in'his letter dated August 12th, 1983 to the Common Council as well as any ancillary documentation; (1) Sub-Lease and Right-of-Way /Easement in favour of 'the City of Saint John from the City of Saint John with respect to the portion of the Market SQuare Parking Garage Space associated with the Modest Rental Housing Project; (2) Sub-Lease and Right-of-Way/Easement in favour of CMHC from the City of Saint John with respect to the portion of the Parking Garage Space associated with the Senior Citizens Housing Project; and (3) Sub-Lease and Right-of- Way/Easement in favour of The Rocca Group Market Square Development Limited with respect to the Hotel Project. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate two lots at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and 363481), which together have a frontage of 80 feet and a depth of 100 feet, from Low Density Residential to Light Industrial classification, be read a ' third time and enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. I The by-law entitled "A Law to Amend the Municipal Plan By-Law of ,the City of Saint John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb .1 Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of ' Saint John and Amendments Thereto", insofar as it concerns re-zoning two lots at 93 and 97 Winslow Street, located on the northern side of the said street (L.R.I.S. Numbers 362640 and 363481), which together have a frontage of 80 feet and a depth of 100 feet, from "R-2" One- and Two-Family Residential to "I-I" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the condition that the use of the property be limited to a welding shop. Councillor Vaughan suggested that the above resolution should be amended to include that Mr. Cameron be required to complete within a certain timeframe the new building and fence as indicated in his proposed site plan. During ensuing discussion, Councillors Knibb and Flewwelling expressed opposition to imposing further restrictions on the above-proposed re-zoning. . Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto" was read in its entirety prior to adoption of the above resolution. ... ""IIj g~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law to Amend the . Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a five-acre portion of a larger parcel of land (L.R.I.S. Number 295287), located on the western side of the Westfield Road (Highway No.7) opposite The Workers' Rehabilitation Centre of New Brunswick, from "B-2" General Business and "RS-2" One- and Two-Family Suburban Residential to "IL-l" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments I Thereto" was read in its entirety prior to adoption of the above resolution. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Roger Dempsey have been completed and that the reQuired waiting period for objections expired on August 10, 1983, and that no written objections have been received. On motion of Councillor Knibb Seconded by Councillor Murray I RESOLVED that the application of Mr. Roger Dempsey for an amendment to the Municipal Plan, and re-zoning of property located on Eldersley Avenue, be referred to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising in this regard. 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 begs leave to report that it sat on August 8, 1983, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That Mr. A. G. McDermott, City Manager, as mutually agreed, be given no salary increase for the year 1983. 2. That with regard to the request of Mr. Walter Ball, Music Director of the Lancaster Kiwanis Steel Band, for financial assistance regarding the Band's participation in the International Folklore Festival and performing tour in France, August 25 to September 6, 1983, a grant in the amount of $1,500.00, be approved. 3. That the reQuest of the Saint John Youth Hostel for financial assistance be received and filed and no action taken with regard to the funding of the Youth Hostel. I 4. That as recommended by the City Manager, no new Christmas decorative lighting be purchased at this time and that a competition be held for the decoration of the downtown area of the City, with substantial prizes offered to downtown merchants who most effectively decorate the exteriors of their premises. 5. That as recommended by the City Manager, the latest proposal made by Kent Lines Limited with respect to 58 Union Street be rejected; that the proposal accepted by Common Council on July 11, 1983 be reaffirmed and Kent Lines Limited be so notified; and that the cheque for $50,197.73 issued January 11, 1983, be returned to this company. 6. That as recommended by the City Manager, authority be granted for payment of the invoice of The Disher Steen Partnership, in the amount of $8,155.59, for professional services rendered with respect to the concept design of the Trinity Block parking building. . 7. That as recommended by the City Manager, authority be granted for payment of the invoice of Mr. Thomas B. Drummie, Q.C., in the amount of $13,800.00, for services rendered as the City's nominee to the Conciliation Board in the dispute between the City and the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. August 15, 1983 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne Chairman 1 On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. I. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that section 2 of the above report be adopted. Councillor M. Vincent stated that he will vote against the above motion as in his opinion the Band deserves a larger donation despite the City's budget restraints. Councillor Flewwelling concurred with Councillor M. Vincent in this regard. Question being taken, the motion was carried with Councillors Flewwelling and M. Vincent voting l1nay". . .... ,33 On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent vo'ting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. I Councillor Knibb noted that, as discussed in Committee of the Whole, the estimated cost of Christmas decorations would be $100,000.00 which is too costly for the City to consider at this time. Mr. McDermott, replying to a query of the Mayor, advised that he will be meeting with representatives of the Central Business Development Corporation within the next ten days to outline what the City is proposing in the way of a Christmas lighting competition. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Murray RESOLVED that section 5 of the above report be adopted. Mr. McDermott, replying to a query of Councillor M. Vincent, advised that he has had no further discussion with Kent Lines Limited since Council's last meeting in Committee of the Whole. Councillor Knibb explained briefly the background of the above matter and noted that this represents a disagreement with the said Company regarding the amount of interest to be paid on property being expropriated by the City. The Mayor suggested that Councillor Knibb might like to propose a motion following this matter that some background ini'ormation be provided on items from Committee of the Whole when they are being considered in open session of Council. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. I Councillor A. Vincent Questioned whether the above concept design for the proposed Trinity Block parking facility will be utilized to which Mr. McDermott replied that, although the McAlpine proposal is extremely interesting, it appears to be financially impossible to afford this facility at the present time, and he explained the nature of a recent meeting with a representative of the McAlpine company. At the suggestion of Councillor A. Vincent, the Mayor'reQuested the City Manager to provide a full up-to-date report to Council at its next meeting with regard to the matter of parking in the Trinity Block area and to the availability of Provincial funding in this regard. ' Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the letter from the Office of the Minister of Communiciations, Government of Canada, responding to Council's recent letter which expressed concern regarding the maintenance of the National Film Board of Canada's (NFB) film library and the continuation of its program of film distribution to the public through the Board's regional offices, advising that the Board has decided to impose a moratorium on any proposed regional office closures until the feasibility of alternative sources of' distribution for affected communities can be properly evaluated -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Couricillor Knibb RESOLVED that the letter from Canada Permanent Trust Company, Real Estate Division, offering vacant land situated at 137-143 Orange Street for sale to the City at the listed price of $7,000.00, such price being open for negotiation, suggesting that this property could be used for off-street parking -- be referred to the City Manager for a report and recommendation. Moved in amendment by Councillor A. Vincent 1--1 Seconded by Councillor Davis RESOLVED that with regard to the letter from Canada Permanent Trust Company, Real Estate Division, offering vacant land situated at 137-143 Orange Street for sale to the City, the owner be notified that the City has no use for the subject property at the present time. Question being taken, the amendment to the motion was carried with the Mayor and Councillor Schermer..,'::, horn voting "nay". On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that the letter from Mr. Donald A. Willar requesting to purchase property to the rear of his property at 6 Oakland Street -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. Ii.. 84\ ..., Consideration was given to an application for grant assistance of the Saint John Pirates PeeWee Softball team. A motion was proposed by Councillor Murray, and seconded by Councillor Knibb, that the above application be referred to the grants committee, however, it was withdrawn following Councillor Vaughan's observation that, on the approval of the Recreation and Parks Advisory Board, the above team has received a $300.00 donation from the City. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the application for grant assistance of the Saint John Pirates PeeWee softball team, regarding its participation in the Eastern Canadian PeeWee Softball Finals to be held in Conception Bay, Newfoundland, August 19-21, 1983 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letters from Mr. Charles Cyr, Irene Cyr, Clarence J. Jones, Etta L. Jones and Ethel Parlee, expressing opposition to the opening of the Market Square complex on Sundays, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. 'Ih<17 k' 0zr'f/ecd Common Cler At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of August, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; D. Buck, Deputy Commissioner of Housing and Renewal Services; P. Clark, Fire Chief; J. F. Ross, Chief of Police; S/Sgt. J. C. McCarthy, Police Department; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Adam, Data Processing Manager; J. Baird, Community Planning Branch; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Captain E. H. Pearce, Public Relations Officer of the Salvation Army, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on August 15, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor commented briefly on the following matters:- the Canadian Parks and Recreation Conference and the Canadian Little League Championships, which were held in the City during the past week, and the 57th annual convention of the Association of Workers' Compensation Boards of Canada, which is being held in Saint John this week, and she read a notice to Local Union No. 18, C.U.P.E., regarding a training program in the operating of heavy equipment (copies of which were forwarded. to COllilcil members as an information item). The Common Clerk advised that the necessary advertising was completed with respect to the enactment of a new Zoning By-Law which is generally a rewriting of the existing By-Law enacted on November 14, 1977, as well as a consolidation of all text amendments to the By-Law passed since that time, a number of regulations having been clarified and others having been deleted or revised for technical reasons, however, no properties are being re-zoned and the existing zoning maps are being re-enacted, and that nO written objections were received in this regard. No persons were present with respect to the proposed enactment. Consideration was given to a previous letter from the Planning Advisory Committee recom- mending that the redrafted Zoning By-Law be enacted. ',/)':;--,-"':' - r _ _",:___ . I I . 1 . 1 1- . ~ ,85 On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that the by-law entitled "Zoning By-Law of the City of Saint John", be read a first time. 1 Councillor Schermerhorn noted that the rewritten By-Law excludes the section 'dealing with architectural standards which relates to the design, character and appearance of the proposed building or structure. Mr. Winch noted that, as advised at the teach-in with Council on the rewritten Zoning By-Law, the main reason for deleting this section from same is that the wording in the existing By-Law is rather vague and indefinite thereby making it difficult for staff to enforce. Mr. Winch, replying to a Query of Councillor Flewwelling, noted that staff is currently reviewing a detailed series of provisions with respect to new gravel pits and Quarries which will be presented to Council for consideration. Question being taken, the motion was carried with Councillors Schermerhorn and M. Vincent voting "nay". Read a first time the by-law entitled "Zoning By-Law of the City of Saint John". On motion of Councillor Knibb I Seconded by Councillor Poley RESOLVED that the by-law entitled "Zoning By-Law of the City of Saint John", be read a second time. 'Councillor'M. Vincent commended staff members for their efforts in rewriting the above By-Law, however, he advised that there are several points therein with which he does not concur. " "nay"., Question being taken, the motion was carried with Councillors Schermerhorn and M. Vincent voting Read a second time the by-law entitled "Zoning By-Law of the City of Saint John". . Councillor Knibb suggested that, as the above-proposed By-Law is rather lengthy, Council should authorize the necessary advertising to allow this By-Law to be read by section numbers only prior to third reading. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Council authorize the necessary advertising in order for the above By-Law to be read by section number only prior to third reading. Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed By-Law enactment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard, approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from Light Industrial to District Centre Commerc,ial classifi" cation to allow re-zoning of the parcel to General Business to permit development of a sixty-unit two-storey motel, as requested by Journey's End Development Corporation. . A brief discussion ,ensued regarding the location of the above property, as well as the names of the principals of the subject Company which is reQuesting the amendments. Public presentation was made of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating a parcel of land containing 4,000 sQuare feet located on the south~_ western corner of Germain and Queen Streets, known as 263 Germain Street (L.R.I.S. Number 005868), from Medium Density Residential to District Centre Commercial classification, to allow re-zoning of the parcel to General Business to permit use by the Saint John Construction'Association Inc., as requested, by the Saint John Construc- tion Association Inc, I Read a letter from Councillor Schermerhorn regarding item 24 on the Common Council agenda of August 15, 1983, pertaining to the sale of vacant land at 137-143 Orange Street, such matter being resolved with an' amendment to his motion which he considers to be improper and out of order. The letter expresses the opinion that the south end of the City warrants additional off-street parking and to ascertain whether it is financially feasible to purchase the subject property requires staff review and suggests that the minutes of the August 15, 1983 Common Council meeting be reviewed by the City Solicitor and if it is found that item 24 was handled improperly, this item be placed on the next agenda of Common Council. I Councillor Schermerhorn expressed the opinion that Council should follow the normal procedure used in matters of the above nature and refer the matter to the City Manager and staff in order to determine whether the subject property could be of use to the City. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried with COilllcillor A. Vincent voting "nay". On motion of Councillor Knibb . Seconded by Councillor Flewwelling RESOLVED that the letter from Mrs. Joan Parfitt regarding Item 24 on the Common Council agenda of August 15, 1983 which pertains to the offer of property at 137-143 Orange Street, referring to a group of property owners who petitioned City Hall over two years ago respecting the critical parking situation in this area of the City, and expressing the opinion that, with respect to the subject property which is a vacant lot, there may be space in some areas for in-fill housing but not in this ll.. ""'11II 86 for to do so would just exacerbate an already intolerable situation -- be received and referred to the City Manager for a report to Council. Question being taken, the motion was carried. . Her Worship the Mayor noted that Council will meet in open session at 7:00 o'clock p.m., rather than 4:00 o'clock p.m., on August 29,1983. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED granted for payment of the following invoices, Stephen Pavin~ (1982) Ltd. - supply of asphalt D. Hatfield, Ltd. (Water Dept.) - eQuipment rental (Works Dept.) - eQuipment rental that as recommended by namely:- August August August the City Manager, authority be 11-17, 1983 1-15, 1983 1-15, 1983 $49,322.25 1,137.70 $18,907.04 I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Helyar & Associates, in the amount of $7,811.66, for consulting services rendered with regard to the design and costing of the Market SQuare modest rental housing. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED be granted for payment of the following construction that as recommended by the City Manager, authority progress certificate, namely:- . 1. Chain Link Fencin~ - Grandview Avenue Depot Eastern Fence Limited To repair, replace and install new fence Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated August 16, 1983 Final holdback release $15,807.77 13,807.77 Nil 13,393.53 $ 414.24 Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding his, recommendations ",toc'Commonc,Couitcil in Committee :.of:: the: ,Whole 'bncAugust ,15,1983 'wi th respect to pr.ogriunihing~,work on the Vehicle Maintenance System, advising that his report inadvertently indicated that the software portion of the agreement with Burroughs was worth $20,000.00 rather than $12,000.00, and recommending that the City of Saint John (1) purchase the Vehicle Maintenance System from Mr. Terry Hatton on the conditions set out in his letter dated June 22, 1983; (2) the City release Mini Computer Systems Ltd. of any further commitments to provide a Vehicle Maintenance System on the basis of the submitted letter; (3) the City make a formal request to Burroughs Business Machines for a credit of $12,000.00 on the software portion of the City's agreement with that Company; and (4) the Legal Depart- ment be reQuired to assist in this matter to assure that other rights and privileges of the City under the agreement will not be diminished by this reQuest -- be received and filed and the recommendations adopted. . Mr. Wilson, replying to Council queries, explained that the agreement with Burroughs Business Machines included suggested completion dates for various programs and that this Company reQuested that the City make a formal reQuest to obtain the $12,000.00 credit. Councillor Knibb Questioned when the services of the Ontario firm which is engaged to provide information relating to the maintenance of City vehicles will be terminated to which Mr. McDermott replied that it is his understanding that the contract with this company can be terminated on a ninety-day notice and that the above system will provide the same service. Question being taken, the motion was carried. 1 On motion of Councillor Murray Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the supply of fire hydrants to the City of Saint John, submitting a copy of a report from the Purchasing Agent with respect to this matter -- be received and filed. A brief discussion ensued regarding Council's forthcoming tour of the Crane building and fire I hydrants supplied for the King Street and Market Square area under City Centre Improvements. Question being taken, the motion was carried. Her Worship the Mayor noted the presence in the Council Chamber of Mr. F. Hodges, a former Councillor, and welcomed him to the meeting. The Mayor referred to the request of the Saint John Anti-Poverty Organization to appear before Council at this meeting regarding the events surrounding a protest rally and parade with respect to proposed cutbacks in Provincial welfare assistance which was held in Saint John on June 15, 1983, and expressed the understanding that this group has forwarded its complaints to the New Brunswick Police . Commission. Mrs. Leona Speight, President of this Organization, confirmed the Mayor's understanding whereupon the Mayor advised that Council feels it should not deal with the subject at hand until a report has been received from the Commission, following which if the Anti-Poverty Organization is dis- satisfied with this report, Council would be pleased to hear this group's address at that time. The .... r- 87 . I I . I . I I. . ~ Mayor noted that, in the oplnlon of the Chief of Police, it would not be in the best interest of either the Anti-Poverty Organization or the Police Department for Council to consider this matter while it is before the Police Commission specifically at the reQuest of the said Organization. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding a proposed shooting range in the Otter Lake, First Loch Lomond Lake area, which was the subject of a letter from the Saint John Chapter of the New Brunswick Hunter's Association considered by Council at its meeting of August 8, 1983; advising that the Saint John Police Department and the Saint John Community College are working together to build such a shooting range, such range site having been approved and certified and to be under the control and operation of the Saint John Police Department; submitting a copy of the range plan and recommending that Mr. David P. Cole, President ,of the Saint John Chapter of the New Brunswick Hunter's Association, be thanked for his suggestion and advised that this range is under the control of the Saint John Police Department and will continue to be administered by this Department in the future -- be received and filed and the recommenda- tion adopted. Staff Sergeant McCarthy, responding to Council queries, confirmed that the above shooting range is for public use and he briefly explained the method by which this range will be operated and supervised. Question being taken, the motion was carried. Read a letter from the City Manager recommending that the tenders of Melanson's Septic Tank Service and Barrington Industrial Services, in accordance with the prices indicated in the submitted bid summary, be accepted for the rental of vacuum trucks, the work to be shared on an equitable basis by these two companies from the date of award until July 31, 1984. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the low tender, namely that of Carp's Septic Tank Service Ltd., be accepted for the rental of vacuum trucks from the date of award until July 31,1984. During ensuing discussion, Councillor Gould noted that the above letter states that Carp's eQuipment did not meet specifications, re gauges, couplings, clamps, gaskets, etc., and Mr. Armstrong explained the proceedings, including a pre-tender meeting with the companies concerned, leading up to the above recommenda~ tion. Councillor Flewwelling displayed photographs of Carp's eQuipment and expressed assurance that this Company will extend its services for the prices Quoted in the bid summary. Mr. Armstrong noted that it was made very clear to the companies concerned that an inspection would be made of the vehicles that were tendered in order to ascertain that specifications were met and that ,there were a number of relatively minor problems with Carp's equipment, one with a particular unit which was leaking hydraulic oil which would put in question the unit's ability to produce a vacuum. Deputy Mayor Davis noted that the four companies which submitted tenders are from Saint John and he Questioned how many of Carp's equipment pieces, of the total of four pieces of eQuipment to be supplied, meets the specifications. Mr. Armstrong expressed the understanding that all Carp's units concerned are deficient insofar as the City's specifications are concerned. Question being taken, the motion was carried with Councillors Davis, Murray and Poley voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager noting that, as part of the continuing review of civic expenditures, Council has examined the 1983 Capital Budget adopted on March 28, 1983 to determine what, if any, expenditures could be avoided or postponed, such review being particularly necessary because of recent Provincial decisions which will mean a significant increase in the 1984 tax rate, and recommending that the changes in the 1983 Capital Budget as outlined, which represent a total decrease of $2,375,000.00 under General Purposes and $200,000.00 under the Utilities Budget be adopted -- be received and fiied and the'recommendation adopted. Matters regarding the postponement of the Central Business District and Hilyard Street Extension projects under Street Improvements, the deletion of the $1 million provision for a multi-purpose complex, which was designated as the City's Bicentennial project were discussed, and Councillor A. Vincent expressed the understanding that, if the Hilyard Street Extension is not completed this year, the agreement with CP Rail insofar as the land is concerned will expire. Mr. McDermott advised that he will look into this latter matter. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Her Worship the Mayor noted that the above decrease in the Capital Budget will represent a decrease of $.02 in the 1984 tax rate. Read a letter from the City Manager regarding the proposal of Saint John Heritage Trust Inc. to purchase property at 5-7 and 9-13 Prince William Street, such matter having been tabled at Council's regular meeting on August 8, 1983 and further considered in Committee of the Whole on August 15, 1983, recommending that the City and Heritage Trust agree on the provisions for an entrance from the proposed City parking lot to Chipman Hill/Prince William Street, as part of the conditions of the transfer of this property to Heritage Trust. A motion was proposed by Councillor Knibb, and seconded by Councillor Gould, that the above recommen- dation be adopted, and discussion ensued regarding utilization of a common alley off Union Street as access to the above properties to which the City Manager expressed the opinion that access in this manner could cause difficulties insofar as access to the City's parking area could be blocked as well as with snow disposal. Councillor Poley suggested that the Legal Department should review this matter to determine that the alley is, in fact, a common alley. Mr. Rodgers noted that the proposed motion concerns only provision for an entrance from the proposed City parking lot to the subject properties and that the four recommendations of the City Manager, which were considered by Council in Committee of the Whole on August 15, 1983 have not been considered in open session whereupon the mover and seconder agreed to combine these four recommendations with that in the proposed motion. ~ 88 On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the buildings . located at 5-7 and 9-13 Prince William Street, together with the land area, as shown on the submitted drawing, marked No.1, be sold to Saint John Heritage Trust Inc. under the following conditions:- (1) price - $90,000.00; (2) term - payable over a twenty-year period; (3) interest rate - 5 per cent; (4) demolition of the rear portions of the subject buildings to be carried out by Heritage Trust and charged back to the City at the lowest quoted price; and (5) the City and Heritage Trust to agree on the provisions for an entrance from the proposed City parking lot to Chipman Hill/Prince William Street, as part of the conditions of the transfer of this property to Heritage Trust, and that the Mayor and Common Clerk be authorized the necessary documents in this regard. Councillor Vaughan made the observation that, in view of the City's purchase price for the subject properties of $220,000.00 and that approximately two-thirds is being retained for parking, the selling price of $90,000.00 will recoup most of the City's original investment. 1 Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To The COMMON COUNCIL of the City of Saint John I The Committee of the Whole reports Your Committee begs leave to report that it sat on August 15, 1983 when there Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent, and your Committee submits the following recommendations, namely:- were present Vincent and M. 1. That the following recommendations of the Nominating Committee be adopted, namely: (a) that Mayor Wayne, Deputy Mayor Davis, and Councillors A. Vincent and Flewwelling be appointed as the Council committee responsible for advising Council on the development of emergency measures plans under the Saint John Emergency Measures By-Law; . (b) that Dr. Norman Garey be appointed to the Board of Commissioners of the Saint John Regional Hospital for a term of three years, replacing Dr. J. A. MacDougall; (c) that Mr. John M. Holt and Mrs. Eileen Cullen be appointed to the Environment Committee for a term to expire December 31, 1983; (d) that Mr. John Sharp of Hilton International and Mayor Wayne be appointed to the Saint John Tourism Advisory Committee for a term to expire December 31, 1983; 1 (e) that with regard to the letter from the Minister of Municipal Affairs reQuesting that the City nominate two members and one alternate for consideration as appointees to a Regional Assessment Review Board to be established for the City, Dr. G. Forbes Elliot and Mr. John Gallagher be nominated for appointment to the Board, and that Mrs. Eunice Roy be nominated as an alternate member. 2. That the request of Atlantic Provinces Graphic Arts Association for financial assistance in the form of a banQuet as part of a convention to be held in Saint John on June 22, 1984, be denied. 3. That as recommended by the City Manager, the City acquire the property on Lochview Drive, as shown on the submitted map, such property being located at the end of Lochview Drive approximately 950 feet . from Loch Lomond Road near the outlet of the First Loch Lomond and in the area designated as number one priority for aCQuisition, from Mrs. Phoebe L. Chisholm, for the appraised value of $18,000.00 and that following acquisition of the said property, the building located thereon be advertised for sale by public tender. 22 August, 1983 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. The matter of the Mayor's ex officio membership on committees was discussed briefly. Councillor A. Vincent Questioned the reason for Dr. MacDougall's resignation from the Board of Commissioners of the Saint John Regional Hospital. Deputy Mayor Davis, a member of the said Board, advised that Dr. MacDougall is now retired and carrying on his profession as an employee of the Hospital and in the latter capacity, I he is unable to serve on the Board. Councillor A. Vincent suggested that Dr. MacDougall should be thanked for his services on this Board. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Dr. J. A. MacDougall as a member of the Board of Commissioners of the Saint John Regional Hospital. be thanked for his services Question being taken, the motion was carried. . .... ,.. .8S On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. 1 A brief discussion ensued regarding aCQuisition of property in the watershed area and it was noted that the above property is in the area designated by staff as priority number one to be aCQuired. Question being taken, the motion was carried. _I Consideration was given to a letter and petition from residents of the Debly Subdivision, Red Head, regarding the lack of water in the area. Councillor Schermerhorn referred to a letter from the Committee for D~blY Subdivision (copies qf which were distributed to Council members earlier this date) in which those concerned express their urgent need for water in this Subdivision, and he noted the presence in the Council Chamber of representatives of the Debly Subdivision and suggested that a member of this delegation be invited to address Council at this time. -" On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that a representative of the Debly Subdivision be invited to address Council at this time. Question being taken, the motion was carried. . Mr. John Jellison of 25 Bedell Road appeared before Council on behalf of the above group and advised that there is no water whatsoever in this Subdivision, some residents having had no water for the past three weeks. Mr" Jellison further advised that Mrs. Debly has done everything possible to provide water, however the well is dry and the residents are presently hauling water to their homes. Mr. Jellison reQuested Council's assistance in this matter and suggested that consideration be given to the City's drilling a well to be hooked into the existing system and maintained by the City until such time as funds can be allotted in the budget for a new system at which time the residents of Debly Subdivision would pay the City for water services as they have paid Mrs. Debly in the past. . Mr. Jellison, replying to Council Queries, advised that the residents of the Debly Subdivision have no~legal agreement with Mrs. Debly to provide water to them, but do have a verbal agreement that water will be provided by her for $2.00 per month and no one expected that the water supply would deplete. Mr. Jellison also advised that there have been problems with water pressure for approximately three 'years and he confirmed that there is no water whatsoever, for either drinking or domestic purposes, in this Subdivision at this time. Discussion ensued regarding staff's involvement in this matter to date and the possibility of short-term and/or long-term solutions to the water problem and the Mayor noted that attempts will be made to determine who if responsible for the long-term supply of water to the Debly Subdivision. The type of well in this Subdivision was discussed, as well as the possibility of drilling one large well at an estimated cost of $10,000.00. Mr. Armstrong advised that staff has not had much opportunity to review the matter of drilling a well and hooking it into the existing system and he noted that the matter is further complicated insofar as the legality of whose responsibility it is to supply water to this area, however in his opinion the City is not involved in providing water to that 'Subdivision. Mr. Armstrong suggested that the City may be able to assist on a short-term emergency basis in order to provide water for all but drinking purposes and, upon Council's direction, a temporary supply of water could be trucked to that area two or three times daily in an attempt to tie into the existing system thereby pressurizing it for a short period of time. Mr. Armstrong expressed the understanding that there was thought given by some of the residents to drill their own wells and he suggested that time will be needed for ,them to best determine how to deal with their long-term solution to the problem. Discussion continued and the Mayor requested that staff accommodate the short-term water needs of the residents in the Debly Subdivision on an emergency basis following which a long-term solution will be looked into insofar as the legalities of water supply and appropriate solution are concerned. I On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that authority be granted for staff to accommodate the short-term water supply requirements on an emergency basis to the residents of the Debly Subdivision commencing on the morning of August 23, 1983. I Question being taken, the motion was carried. The Mayor re-iterated that, following the short-term solution, the matter of a long-term solution will be reviewed. On motion of Councillor Knibb 1 Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. E. Birmingham reQuesting that the by-law which bans bicycles from King Square be enforced, and expressing the opinion that the City requires a system whereby persons do not have to pass between cars and trucks while crossing the streets in the uptown area of the City -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. (Councillors ,Schermerhorn and A. Vincent withdrew from the meeting.) On motion of Councillor Knibb . Seconded by Councillor Poley RESOLVED that items regarding a proposed Four-Party Agreement with respect to the 1985 Canada Sununer Games, the grant reQuest of the Saint John "Sultans" ball hockey team, and a proposed aquatic centre lease agreement, which yere considered by Council in Cormnittee of the 'Whole earlier this date, be added to the agenda and considered at this time. Question being taken, the motion was carried. .... ~ij ""'IIIl On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that authority be granted for the Mayor and Common Clerk tQ execute the Four-Party Agreement with respect to the Capital and Operating Budgets of the 1985 Canada Summer Games on behalf of the City of Saint John; that The Saint John 1985 Canada Summer Games Society, Inc. be instructed not to incur any Capital or Operating expenses beyond contributions committed by the three levels of government or to be raised by Friends of the Games; that Mr. DarYl Wilson, Commissioner of Finance, be appointed to the 1985 Canada Games Co-Ordinating Committee; and that as recommended by the City Manager, the Director of Recreation and Parks be involved in all negotiations related to the aCQuisition of land, buildings or facilities by The Saint John 1985 Canada Summer Games Society, Inc. to ensure that the City of Saint John is not held responsible for post-games maintenance on facilities that it does not want. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that with regard to the reQuest of the Saint John "Sultans" ball hockey team for financial assistance to participate in a national tournament in Vancouver, British Columbia, September 2 to 6, 1983, a grant in the amount of $1,000.00 be approved. Question being taken, the motion was carried with the Mayor and Councillors Davis and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that authority De granted for the Mayor and Common Clerk to execute the Aquatic Centre Lease Agreement with The Saint John 1985 Canada Summer Games Society, Inc. Question being taken, tQe motion was carried. (Councillor Schermerhorn re-entered the meeting.) On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried. Vh/1hdc~Yl~+d At a Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty- ninth day of August, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; C. E.Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Captain Keith Osborne of the Anglican Church Army offered the opening prayer. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on August 22, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor extended congratulations to the Saint John Dodgers Senior Baseball Team for its success in winning the Canadian Senior League Baseball Championships at the national senior men's baseball tournament held in Sudbury, Ontario this past weekend. Councillors M. Vincent and Murray, in turn, offered congratulations to the team members and commended them for bringing the gold medal and Canadian title to Saint John, as well as the national senior men's baseball tournament in 1984. Mr. Ralph Chambers, Captain of the said team, thanked the Mayor and Councillors for their support, following which each Council Member extended personal congratulations to the members of the team who were present in the Council Chamber. The Mayor extended congratulations to the Jervis Bay (Memorial) Pipe Band for its success in the Rothesay Pipe Band competition held in Scotland recently, in which approximately 150 bands competed, the Jervis Bay (Memorial) Pipe Band having finished first in the Grade 2 competition and Grade 3 class. . 1 1- . 1 . 1 1 . .... '" ~1 . 1 I . 1 . 1 I . .... Councillor Vaughan extended congratulations the members of the North End Community Centre Blue Jays Bantam Girls' ball team, who captured the Eastern Canadian Championship title recently. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the employment status of Mr. J. Claude MacKinnon, Commissioner of Engineering and Works, be added to the agenda as item 3A. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that Mr. J. Claude MacKinnon, Commissioner of Engineering and Works, is hereby dismissed for cause, namely conduct which was inconsistent with his duties and responsibil,;,cc, ities,Jand:~hich"has been communicated to Mr. J. Claude MacKinnon. Councillor A. Vincent, speaking in opposition to the above resolution, stated that he feels Council should not be dealing with this matter when there is another case before the court and also, in his opinion, if staff standards are to be raised it should be done uniformly'. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Mr. Joseph Flynn, Tournament Director of the Canadian Little League Baseball Championships, which were hosted by the Lancaster Little League in Saint John on August 13 to 20, 1983, addressed Council on behalf of the organizing committee of the said championships, and thanked Mayor Wayne, Common Council and all City departments for the co-operation received from them before and during the tournament. Following his address, Mr. Flynn presented copies of the 1983 Little League Championship programme to Council members as a ,souvenir of the games. Read a letter from Mayor Wayne regarding noise problems in the City, submitting a copy of a letter from the Chief of Police which explains the position of the Police Department with respect to this matter. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager for drafting of a noise by-law for Council's consideration. Councillor Knibb suggested that the proposed by-law should not prohibit noises related to industrial activities. Mr. McDermott, replying to a Query of Councillor A. Vincent, advised that, following staff's review and revision of a by-law respecting industrial noise which was prepared approximately two years ago, Council should receive a proposed by-law for consideration within three weeks. Councillor A. Vincent questioned when Council can expect to receive a proposed Traffic By-Law amendment with regard to parking on Douglas Avenue, which was reQuested by St. Matthews Presbyterian Church, whereupon the Mayor reQuested the City Manager to report on this matter at the next meeting of Council. Question being taken, the motion was carried. Consideration was given to a letter from CoUncillor Flewwelling recommending that the Dexter gravel pit, about which he has contacted City staff on four occasions with no action taken to date, be closed due to a dust problem being created by same. Councillor Flewwelling expressed the understanding that trucks hauling from the above pit are often overloaded which results in rock material being deposited on streets in the area thereby causing problems with blocked storm sewers. Mr. McDermott advised that the above matter will be referred to the Chief of Police with respect to the overloaded trucks and to the Building Inspector with regard to how the area of the gravel pit can be treated to reduce the dust. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to 'the City Manager for action. Councillor Knibb expressed the oplnlon that Councillor Flewwelling's recommendation to close the gravel pit should be a last resort to which the Mayor replied that the City Manager is being reQuested to take immediate action insofar as corrective measures are. concerned. Question being taken, the motion was carried. Read a ,letter from Councillor Flewwelling recommending that, as Council is requested to approve payments on rented vehicles and as it is unaware as to the number of vehicles which the City owns, all Councillors receive a list, by vehicle number, of vehicles owned by the City. On 'motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the City Manager provide to Council a list, by vehicle number, of all vehicles owned by the,City. Question being taken, the motion was carried; On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt August 18-24, 1983 $46,716.78 > 3~ ~ On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender . of Lancaster Painting Ltd., in the amount of $7,298.00, be accepted for interior painting of the #4 Fire Station building, Courtenay Avenue. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RRESOLVED that as recommended by the City Manager, the tender of Ben's Clothing Ltd., in the amount of $52.00 per pair, be accepted for the supply of safety boots, on a consignment basis from the date of award until expiry of the tender on June 30, 1984. I Mr. McDermott, replying to a Query of Councillor Knibb, advised that the working agreement with Local 18, C.U.P.E., provides for the issuance of one pair of boots to each Local 18 seasonal or permanent employee and that approximately 473 pairs of boots were purchased since July 31, 1982, some boots having been replaced as they became worn etc. In response to Council Queries, Mr. Hanlon explained that the subject footwear must meet CSA standards with respect to toe, sole and shank and that the two low tenderas were deficient insofar as the two latter features are concerned, and he further advised that a certain number of these workboots is kept in stock and that, generally speaking, the employees I turn in their old boots should they reQuire a replacement pair. Question being taken, the motion was carried. Mr. Brian W. Mosher appeared before Council and stated that he is the solicitor for Mr. Seymour Miller who is the lessee of the premises at 74 Prince William Street, and noted that he was accompanied by Mr. Miller, as well as Mr. Brian Foster of the Federal Business Development Bank, the latter being the owner of the subject building. Mr. Mosher advised that Mr. Miller leased this building in order to open a liQuor establishment consisting of a beverage room on the first level and special premises on the second, third and fourth floors of same, such use being very similar to the former use when an establishment known as The Foundry was located therein and that Mr. Miller resubmitted the same plans as had the owner of The Foundry when applying for his liQuor license. Mr. Mosher expressed the understanding that, as advised in a recent letter from the Building Inspector, the fourth floor of the subject building cannot be used for a lounge and dance area as planned and he reQuested Common Council to give Mr. Miller permission to use the fourth floor as proposed, especially in view of his understand- ing that it was used previously in the same manner by The Foundry and that Mr. Miller based his decision to lease the premises on the understanding that he could utilize all four floors. Mr. Mosher also advised that the subject building has adeQuate sprinkier, exit and other fire safety facilities and he noted that the City took no objection to Mr. Miller's proposed use of the building when it was notified that he applied for his liquor license and that he has advertised properly with respect to his plans for the subject building at which time no objection was taken to same. Mr. Mosher further advised that Mr. Miller, in this particular enterprise, proposes to employ twenty-five persons and he re-iterated his re~uest that Mr. Miller be permitted to operate his business as planned. Discussion ensued during which time Mr. Johnson stated that he cannot speak specifically for why the use of the subject premises was approved in the case of The Foundry as, to the best of his knowledge, there has been no change in the Building Code which very specifically states that an assembly occupancy above the second floor of a combustible building is not permitted, and he noted that the Legal Department is presently drafting legislation which will permit the third floor, with a sprinkler system, to be used in this manner. The matter of The Foundry operating in the manner proposed by Mr. Miller was discussed further and Mr. Johnson expressed the understanding that it is not possible to grant a vari- ance to the National Building Code, however a By-Law amendment may be possible to assist in this matter which mayor may not have to be approved by the Province of New Brunswick depending on the legal inter- pretation of Section 59 of the Community Planning Act. Discussion continued regarding other uses to which the fourth floor of the subject building may be put and it was suggested that Mr. Miller change his plans and place the games room on the fourth floor and the lounge and dance area on the third, and as well the matter of the number of persons considered in an assembly occupancy was discussed. Deputy Mayor Davis Questioned if Council is able to take any action to alleviate Mr. Miller's situation to which Mr. Rodgers reQuested, in view of this matter involving several inter-related items, the opportunity to examine all the correspondence related to same in order to advise Council what action it may take to meet Mr. Miller's request. A motion was proposed that this matter be tabled for two weeks and that the City Solicitor and senior staff attempt to find a proper manner to assist Mr. Miller, however it was noted that it is the usual procedure to deal with a presentation of this nature at a later time in the meeting whereupon the tabling motion was withdrawn. Mr. George Marr addressed Council on behalf of the Debly Subdivision Committee and, referring to a prepared brief (copies of which were previously forwarded to Council members), he requested that the City of Saint John drill a well with pumps in order for residents in this subdivision to hook into the existing water system, the latter to be disconnected in the near future. Mr. Marr expressed the understanding that to drill a well would not exceed a cost of $10,000.00, and he noted that, although a meeting was held with City staff with respect to temporarily resolving the water supply problem in this area, nothing further has been done with respect to a long-term solution. Discussion ensued regarding the possibility of the City's drilling a well and subseQuently charging a water tax for this service and the Mayor noted that the Debly Subdivision agreement must be reviewed in order to determine the provisions therein following which time Council can consider this matter further from a policy point of view. Mr. Marr pointed out that there is a parcel of City-owned property running through the subdivision on which a well could be drilled, if this would make the matter easier to resolve insofar as legal technicalities are concerned and he expressed agreement with the idea of the City providing the water services and the residents of the Debly Subdivision paying taxes for same. Mr. Marr confirmed that, as indicated in the said brief, Mrs. Debly is willing to sign legal documents giving the residents in the subdivision the right-of-way to the pumping system which is located on her property. Her Worship the Mayor thanked Mr. Marr for his presentation and advised that Council will render a decision later in this meeting. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, the contract for replacing the roof on the office tower portion of the City Market building be awarded to the low tenderer, William P. Dowd and Sons Ltd., in the amount of $27,450.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. . 1 . 1 1 . .... '" 93 . I I . I . 1 I . ... The matter of the hoarding being removed from the City Market building prior to the above tender being awarded and the suggestion that, the increased cost of the project is related in part to this removal was discussed briefly and Councillor Knibb noted that this staging was removed due to The Royal Visit in June and the complaints received from tenants in the subject building. Councillor Knibb advised that the Market Action Committee, of which he is Chairman, will meet on August 30, 1983 following which a more ,detailed report will be submitted to Council with respect to the renovation of this building. Mr. McDermott, replying to a query of Councillor A. Vincent, advised that the matter of replacing bricks on the side portions of the City Market building will be discussed at the said meeting of the Market Action Committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Crown Street Watermain'Renewals Prince William Street Drainage Dean Construction Limited Supply and install approximately 265 meters of watermain and 24 meters of 12" sewer plus appurtenances Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 25, 1983 Final holdback release $ 8,586.45 $45,936.00 57,242.99 Nil 48,656.54 Question being taken, the motion was carried. 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 begs leave to report that it sat on August 22, 1983, when, there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray; Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That with regard to the request of The Royal Canadian Legion, Jervis Bay Memorial Branch No. 53, for financial assistance with respect to the forthcoming first reunion of the survivors of the HMS Jervis Bay, Co~non Council 'will honour the survivors at a private reception. August 29, 1983 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the above report be received and filed and the recommen- dation contained therein be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by the Planning Advisory Committee, the necessary advertising be authorized for the following proposed amendments to the Zoning By-Law:- (a) the properties belonging to the Carleton Kirk, as illustrated on the submitted sketch, be re-zoned from "RM-l" Three-Storey Multiple Residential to "IL-l" Neighbourhood Institutional classification; (b) the site of the Ecole Samuel De Champlain on Ragged Point Road be re-zoned from "RS-2" One- and Two-Family Suburban Residential and "R-lA" One-Family Residential to "IL-2" Major Institutional classification; and (c) that Section 98B, Neighbourhood Institutional, be amended by adding to the list of permitted uses "senior citizens apartments in association with a group care facility subject to the unit sizes meeting standards of Section 69". Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Gould RESOLVED that the petition from City residents reQuesting that the restroom in the City Market building be kept open until approximately 10:00 o'clock p.m., as well as on Sunday from 2:00 o'clock p.m. to 10:00 o'clock p.m., until the end of September, and possibly be supervised by a commissionaire -- be referred to the Market Action Committee. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Louise O'Connor Questioning the status of a parcel of land situate between Lansdowne Avenue, at the rear of Woodhouse, and the Thistle-St. Andrews Curling Club -~ be referred to the City Manager for a report to Council. Councillor Schermerhorn expressed the oplnlon that the above property, as it appears to serve no purpose as a fire lane, be blocked off thereby resolving the problems outlined in the above letter. Councillor M. Vincent suggested that the requested report include the up-to-date position of the City with respect to who owns and if persons can purchase fire lanes, etc. to which the Mayor advised that the City Solicitor has stated that he will submit a report to Council at its next meeting with respect to this matter. ""'11II ~Hl Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Luke J. Comeau expressing an interest in purchasing the vacant lot adjacent to his property at 14-16 Suffolk Street on which to plant a lawn and small garden, and possibly to construct a two-car garage at some future time, be referred to the City Manager for a report and recommendation. . Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Knibb III RESOLVED that with regard to the presentation by Mr. Brian Mosher, solicitor for Mr. Seymour Miller, regarding the use of the building at 74 Prince William Street, the matter be referred to the City Manager, City Solicitor, Planning staff and Building Inspector to attempt to resolve same. Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Vaughan RESOLVED that the City commence to drill a well with the necessary pumps to provide a water supply as reQuired for the Debly Subdivision on the understanding that this will be on a pay-back basis through the water tax system, and that the legalities of this matter be referred to the City Solicitor. The Mayor suggested that this matter should be referred to the City Solicitor prior to pro- ceeding with the drilling of a well in the above area and Councillor Poley expressed his agreement with this suggestion for, in his opinion, although Council has a certain responsibility to the residents of the Debly Subdivision, it also has an obligation to the City as a whole to determine the proper manner . in which to resolve this matter. Councillor Knibb expressed concern that it appears that a developer of a subdivision can abandon obligations to the residents thereof insofar as responsibility to supply services agreed upon is concerned, and he suggested that a report with respect to the legalities, cost and recovery of cost through taxation with respect to the drilling of a well is required. Discussion continued particularly with respect to the priority of resolving the problem in the Debly Subdivision in the proper manner, and Councillor A. Vincent suggested that the staff report should also include infor~ mation from the Fire Department as to how it would fight a fire should one occur in the subject area and he expressed concern with respect to the problems being encountered by the thirty-eight families in the Debly Subdivisiondue to the lack of water. On motion of Councillor Poley Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table pending a report from the City Manager at Council's next meeting. 1 Question being taken, the tabling motion was carried with Councillors Murj'ay,Schermerhorrr,Nimghan, A. Vincent and M. Vincent voting "nay". Councillor Knibb referred to a letter from Mr. B. Cavanagh, as well as letters from Messrs. J. Deluney, W. Randell, J. Gormley, T. A. Foster, S. Breed, I. Marzari, N. Appleby and N. R. Cobham (copies of which were forwarded to Council members as information items on August 22 and 29 respectively) in support of Market Square being designated as a Provincial tourist attraction, and suggested that such correspondence be made public as was that in opposition to the proposed designation. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above-mentioned correspondence be added to . the agenda and received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council 1 meet in Committee of the Whole. Question being taken, the motion was carried. Vb1~~ Common Cler I At a Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of September, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schernerhorn, Vaughan, A. Vincent and M. Vincent - and - . ..... '" 95 Messrs. N. Barfoot, Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; J. Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commis- sioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; R. Adams, Property Management Branch; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. . Mr. Louis E. Murphy, Member of the Legislative Assembly, Saint John Harbour, offered the opening prayer. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the minutes of the meeting of Common Council, held on August 29, 1983, be adopted. I Councillor Flewwelling noted that the gravel pit referred to in his letter considered by Council at the above meeting has changed ownership in the interim and he suggested that Provincial legislation respecting City control of gravel pits should be reviewed. Question being taken, the motion was carried. Councillor Knibb expressed sympathy with respect to the death of Mr. Clark Todd, Canadian Television Network London Bureau Chief and a native of Saint John, who died after being wounded by artillery shrapnel near Beirut, Lebanon, on September 4, 1983. Councillor Knibb noted that the late Mr. Clark received his early business experience with CFBC in 1963. The Mayor extended a message of sympathy on behalf of Common C01L~cil to the family of the late Mr. Todd. . Her Worship the Mayor read a proclamation proclaiming September 15, 16 and 17, 1983 as Luxor Temple Shrine Paper Sale Days in the City of Saint John, which is a project of this group in support of the Shrine Orthopedic and Burns Hospitals for children. Public presentation was made of a proposed amendment to the Municipal Development Plan, to ,amend Schedule 2-A of the Plan, by redesignating a parcel of land containing 3.7 acres with a frontage of 382 feet on the northern side of Golden Grove Road, approximately one-half mile east of the Hillcrest Road intersection (L.R.I.S. Number 310417), from Rural to Light Industrial classification, to allow re-zoning of the parcel to "I-I" Light Industrial classification to permit establishment of an auto body repair shop, as reQuested by Mr. Elmer Soucy. On motion of Councillor Gould 1 Seconded by Councillor Knibb RESOLVED that for payment of the following invoices, namely:- D. Hatfield, Ltd. - (Works Dept.) eQuipment rental - (Water Dept.) equipment rental Stephen Paving (1982) Ltd. - supply of asphalt - supply of asphalt - supply of asphalt Fundy Bay Holdings Ltd. - supply of gravel as recommended by the City Manager, authority be granted August 16-31, 1983 $25,619.18 August 16-31, 1983 1,727.10 August 25 & 26, 1983 28,219.92 August 29-31, 1983 27,049.89 September 1-7, 1983 26,858.10 August 1-15, 1983 $ 2,221.77 Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Grandview Avenue Watermain Champlain Heights Storm Sewer Construction Que-Mar Construction (Maritimes) Limited Supply and install approximately 3400' of 12" watermain and 320' of 42" storm' sewer plus appurtenances Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated September 2, 1983 Final holdback release $181,177.70 177,194.83 Nil 171,878.99 I $ 5,315.84 Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted to purchase a torque converter and transmission for loader #709 from Gill Equipment Limited at the Quoted price of $7,550.00, plus taxes. Question being taken, the motion was carried. . Read a letter from the City Manager regarding the tender for fireproofing of the Rockwood Park Golf Course clubhouse, which was tabled at Council's meeting of August 15, 1983, advising that, as a result of a further review by the Building Inspector's Office, it was determined that a double layer of drywall would be preferable to the original method of spray-on fireproofing, therefore quotations were obtained for this alternative, the low bidder by this method being Saint John Drywall Ltd. ... ~6 "'Ill On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the previous recommendation to award the contract for fireproofing of the Rockwood Park Golf Course clubhouse to Guildford's Ltd., in the amount of $9,977.00, not be accepted, and that the said contract be awarded to Saint John Drywall Ltd., in the quoted amount of $6,300.00. Councillor Flewwelling expressed the opinion that the above amount appears to be costly in comparison with an another method of fireproofing which he understands is available. Mr. Johnson advised that it is his understanding that the type of fireproofing referred to by Councillor Flewwelling is that provided for in the Quoted price above and further that the area to be fireproofed is approximately 3,200 square feet. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". Mr. W. H. R. Smith, Chairman of The Saint John Bicentennial Inc., appeared before Council and noted the presence in the Council Chamber of representatives of the Executive Committee of this company as well as of the Tattoo 200 Committee, the latter being chaired by Colonel J. H. Turnbull, and he also noted that, as indicated in the brief submitted to Council which requests that (1) Common Council approve Tattoo 200, 1984, for the Barrack Green; (2) contribute $50,000.00 for "City Night" at the Tattoo as was the case this year, such contribution being reQuired on or about October 1, 1983 to offset early costs of promotion and design; and (3) guarantee the forecast net cost of operation of $200,000.00, The Saint John 'Bicentennial Inc. supports the forthcoming presentation of the Tattoo 200 Committee. Mr. Turnbull addressed Council with respect to the 1983 presentation of Tattoo 200 insofar as objectives, public response, financial status, and background are concerned (details of which are provided in the above-mentioned brief), and he noted that, while it was estimated in October 1982 that Tattoo 200 would produce a cost of approximately $250,000.00, the actual cost stands at $260,322.00. Mr. Turnbull expressed the opinion that Tattoo 200 met all its objectives and that the net cost as compared to tourism return shows that the City made a positive financial investment. During ensuing discussion the Mayor and several members of Council commended the members of the above group for their efforts in regard to the success of Tattoo 200, and matters relating to the bleacher-style seats, the feasibility and anticipated cost of producing Tattoo 200 in 1984 and subsequent years and the availability of volunteer performers and committee members were discussed. It was suggested that the Provincial Government should be approached in an attempt to obtain its active support in view of Tattoo 200 attracting tourists to the Province, and the matter of combining Tattoo 200 with 10yalist0Daysccelebrations was discussed. Mr. Turnbull addressed the latter matter and advised that, as Tattoo 200 is working in conjunction with the Nova Scotia Tattoo in order to utilize eQuipment and performers of same, the timing for Tattoo 200 must be co-ordinated accordingly, and further that there is a belief that Tattoo 200, being a spectacular performance in itself, should stand alone and not be combined with another festivity, and he added that the combination of these two events is under review. Her Worship the Mayor thanked Messrs. Smith and Turnbull for their presentation and advised that Council will consider this matter further later in the meeting. Notice had been sent to John McCann, Owner, to appear at this meeting to show cause, if any, why the building located at 165-167 Main Street (L.R.I.S. Number 374579), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and noted that, although these photographs are relatively outdated, there has been little change in the subject building, it being open to the public, and stated that this three-storey wood frame building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owner be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present'with respect to the said building. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that notice having been given to John McCann, Owner, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 165-167 Main Street (L.R.I.S. Number 374579), in the City of Saint John, reQuesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 165-167 Main Street in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said John McCann, Owner, is hereby required to remove or destroy the said building situate at civic number 165-167 Main Street in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said John McCann, Owner, to remove or destroy the said building situate at 165-167 Main Street in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said John McCann, Owner. Question being taken, the motion was carried. Notice had been sent to Kenny U. Cheong and Kwan Cheong, his wife, as joint tenants and Canada Permanent Mortgage Corporation first mortgagee, to appear at this meeting to show cause, if any, why the building located at 380 Union Street (L.R.I.S. Number 18143), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that, subseQuent to the preparation of his report and recommendation under the 1925 Building Act, the owners of the subject building have presented a substantial proposal to rehabilitate same. Mr. Johnson expressed the opinion that the base portion of this building is structurally sound and that it is capable of being renovated and he recommended that Council table this matter for two months in order to allow the owners of this building to prove that they are capable of maintaining it in a safe manner and rehabilitating same. Mr. Rodgers, replying to a Query of Councillor M. Vincent with respect to procedure, expressed the opinion that, based on the Building Inspector's stated position that it would not be wise to order demolition, Council should proceed to hear the Owners of the subject building, following which if the Building Inspector does not recommend demolition, Council should not deal with this matter at this time. . I 1 . 1 . 1 I . ~ '" c ,- .'" ":..~',:- '" ",." 97 Mr. Douglas Mayes, representing Canada Permanent Mortgage Corporation, appeared before Council and, after introducing Mr. Kenny U. Cheong, explained that ,the situation with regard to the disrepair of the above building is basically caused by a fire, at which time Mr. Cheong was in China, and that as a mortgagee, the said company does not normally become involved in the repair or looking after repairs of buildings and as such awaited Mr. Cheong's return to the City in order to determine his intentions with respect to this building Mr. Mayes 'advised that at that time it was found that, through an error, there was no fire insurance coverage on this building and that subseQuent events in order to avoid the Company's taking legal action as a recourse took considerable time, during which the subject building, as indicated by the Building Inspector, was open to the public on occasion. Mr. Mayes noted that a decision to expend an estimated $40,000.00 to repair a burnt-out building or demolish same is not easily made, however, Mr. Cheong has indicated that he is prepared to take the former course for which funding is available through Canada Permanent Mortgage Corporation. Mr. Mayes also advised that earlier this date application was made for a building permit and that it is anticipated that the repair of the subject building will commence the week of September 19, 1983, should Council grant the 60 day tabling reQuest. . I Mr. Mayes, replying to a query of the Mayor, advised that, although the contractors engaged to perform the repairs have not specified a date on which the subject building will be ready for occupancy, it would be removed from the dangerous and dilapidated stage within the reQuested 60-day period and that in the meantime it will be secured in order to prohibit public entrance. Mr. Johnson, in response to Queries of COUllcillor Poley, advised that the photographs circulated were taken in September 1983, and that currently the building is secure, however, he is of the opinion that, at a very minimum, the glazing on the subject building must be removed as there is broken glass which could fall on pedestrians passing by. Councillor Poley suggested that, should this matter be tabled, a status report prior to the completion of the 60-day period should be submitted to Council by the Building Inspector in order to ensure that this building has been made secure in view of the lack of responsibility displayed by the owners of same in this regard. The Mayor advised that the City Solicitor has indicated that Council can consider demolition of the subject building upon the recommendation of the Building Inspector, otherwise a motion is in order that the owners' request be granted, however the Building Inspector is to keep Council informed as to the progress being made with respect to the repairs of same and should Council be dissatisfied with the progress being made the length of time for such repairs to be made can be decreased; I . On motion of Councillor Poley Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for sixty days and that the Building Inspector keep Council informed with respect to the progress being made on the repairs to the subject building. Question being taken, the tabling motion was carried. . Mr. Louis E.Murphy, M.L.A., appeared before Council on behalf of residents of the Milford-Randolph area with respect to the acquisition of property for the Church Avenue Overpass, and he explained that it is his intent to ask Council Questions in this regard. Mr. Murphy noted that the residents of Milford-Randolph area are pleased that the funds for the construction of the Church Avenue Overpass have been made available by the City and the Federal Government, and he Questioned if there is a delay in the acquisition of the subject property required for such construction to commence. The Mayor replied that the City Manager has met recently with the Irvings' solicitor in this regard and that she had anticipated that an item in this regard would be forthcoming for Council's consideration at this meeting. Mr. Barfoot advised that there is an exchange of land being discussed and that it is the intent of the City Manager to report to Council in the very near future. Councillor A. Vincent questioned if there is a delay in the property acquisition to which the Mayor replied that there appears to be no delay and that this matter is progressing. Mr. Murphy Questioned when tenders can be called for the subject project and the Mayor expressed the understanding that, as soon as the property matter is settled, there is no hesitation about advertising for tenders. Mr. Murphy Queried if it would be possible, in order to expedite the matter, to proceed ,with the advertising of the tender to which Mr. Barfoot noted that it has been Council policy not to proceed with the advertising'of tenders until the necessary land is available as any delay in the latter could prove costly to the tenderers, and he expressd the understanding that there is considerable co-operation between the parties concerned in resolving this matter and that he anticipates no extended delay. Mr. Murphy suggested that, should any problems occur in obtaining the necessary property, Council should take steps to expropriate same. Councillor Murray Ques- tioned if there is any stipulation with respect to the timeframe of the Federal Government's grant for this project and if it is possible to extend it into 1984 if necessary. ' 1 On motion of Councillor Schermerhorn I Seconded by Councillor Poley RESOLVED that the letter from Mayor Wayne advising that she has been made aware of a change in schedule which now sees the Boston, U.S.A;, to Saint John flight stop in Yarmouth, N.S., before proceeding to Saint John, and recommending that a motion is in order that a letter be sent from the Mayor on behalf of the Council to Air Canada's head office sternly opposing this change in Air Canada's schedule -- be 'received and filed and the recommendation adopted. ' Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for Pine and Prince Streets sewer be awarded to the low tenderer, Dean Construction Ltd., in the amount of $71,401.78, and that the Mayor and Common Clerk be authorized to execute the ,necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, the contract for structural revisions to the roof of the Charlotte Street tower of the City Market building be awarded to the low tenderer, Darkil Construc~ tion Ltd., in the amQunt of'$17,600.00, and that the,Mayor and Common Clerk be, authorized to execute the necessary contract documents. Question being taken, the motion was carried. ... ~~ ""l On motion of Councillor Schermerhorn " Seconded by Councillor Poley RESOLVED that the joint report from the City Manager, Acting Commissioner of Engineering and Works, and Traffic Engineer advising that the manager of the fast-food service outlet which is located at 318 Union Street, has reQuested a fifteen-minute parking restriction in front of the said outlet; further advising that staff has inspected the subject area and reviewed existing legislation under the Traffic By-Law and feels the reQuest is reasonable; submitting a pro- posed amendment to the Traffic By-Law for Council's consideration and recommending that first and second readings be given to the said amendment and that it be referred to the Legal Department for appropriate action be received and filed and the recommendation adopted: . AND FURTHER that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amend- ments Thereto", be read a first time. 1 Question being taken, the motion was carried. Read a first Streets in the City of Amendments Thereto". - time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Qn motion of Councillor Gould I Seconded by Councillor Poley RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", be read a second time. Question being taken; the motion was carried. Read a second time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto". . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Stimulation Grant Agreement with the Province of New Brunswick, in the amount of $408,000.00, such grant being allocated to assist with the purchase of property for the Canada Summer Games aquatic centre. The Mayor noted that the City had requested a Stimulation Grant in the amount of $500,000.00. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the amendments to the Immediate Employment Stimulation Programs agreement to provide for the following activities to be added to the existing contract, namely:- to complete the repairs to fencing at Memorial Field and to erect forty fence panels at Dennis Morris Ballfield, with a completion date extended to October 7, 1983. Question being taken, the motion was carried. Consideration was given to a joint letter from the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, recommending payment of the following construction progress certificates, namely:- (1) Market SQuare Development - City Centre Improvements, Contract CCI #11, Smythe Street South, in the amount of $121,010.47 and (2) Market Square Development - City . Centre Improvements, CCI #8, City Hall Plaza-Prince William Plaza, in the amount of $13,124.28. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Gould that the above payment be authorized, however, Councillor Vaughan referred to the $26,000.00 over-expenditure with respect to (1) above and noted that no details are provided with respect to same. Mr. Barfoot offered to provide such details to Council at its next meeting and noted that this was a unit-price contract and the subject of considerable negotiation prior to commencement of same. Councillor Vaughan thereupon proposed that (1) above be tabled pending an explanation. On motion of Councillor Vaughan I Seconded by Councillor Poley RESOLVED that construction progress certificate number (1) above be laid on the table pending a full explanation to Council. Question being taken, the tabling motion was carried with Councillors Murray and A. Vincent voting "nay". On motion of Councillor Gould I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- Market Square Development - City Centre Improvements Contract CCI #8 - City Hall Plaza-Prince William Plaza Que-Mar Construction (Maritimes) Ltd. Construction of Prince William Plaza Original estimated value of contract Total work done, Estimate Number 2A Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2A, dated August 26, 1983 Final release of holdback $ 87,495.20 87,495.20 Nil 74,370.92 $ 13,124.28 . ..J ,. ........ -9G (Councillor M. Vincent withdrew from the meeting.)' . Councillor Vaughan Questioned the reason for the above project, in view of the considerable cost of same, not having been advertised for public tender. Mr. Barfoot noted that the subject area was outside the boundary of the work which was to be completed within the scope of the City Centre Improvements, the budget for such Improvements having been the subject of numerous discussions with Council, and that Council approved the idea of getting the above plaza completed at the same time as the remainder of the work and that the only way to proceed was to complete same as an extra work of the same contactor who was doing the work in the Market SQuare area, and that it was handled as a direct project by the City and not as project managed by Rocca as part of the City Centre Improvements. Mr. Barfoot also noted that the above area was one which it was necessary to complete prior to the May 1983 opening of Market SQuare and that staff pro- ceeded, with Council's knowledge of the work to be done and the problems encountered, in the only manner available within such time constraints and at un{t prices which are considered to be very competitive with any others which could have been obtained. I Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Poley I Seconded by Councillor Schermerhorn RESOLVED that with regard to the presentation by The Saint John Bicentennial Inc. and the Tattoo ,200 Committee, this matter be referred to the City Manager for review and a report at Council's next meeting. Councillor Knibb suggested that the above group should attempt to revise its 1984 budget and that it should consider charging a higher admission fee, attempt to encourage support from ,the other levels of government and attempt to encourage nearby municipalities to contribute to this event. Councillor Murray Questioned if a week is sufficient in order to allow staff to submit a report to Council as, in his opinion, the matter of the 1984 Tourism and Public Relations Department budget must be reviewed and its requirements determined so th~t the City can be adeQuately promoted, and he suggested that this Department be involved in the above review. . Question being taken, the motion was carried. Read a letter from the City Manager regarding the proposed aCQuisition of 224m2 of vacant land from the frontage of Raydor Limited property, known as Ricky'S Shopping Centre as indicated on the submitted plan, which is reQuired for construction of the next phase of the North/South Arterial (whiCh was considered by Council in Committee of the Whole on August 22, 1983), recommending that the Mayor and Common Clerk be authorized to execute an agreement with Raydor Limited for the acquisition of this property in accordance with the provisions as outlined. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the above recommendation of the City Manager be adopted. . Discussion ensued during which time the Deputy Mayor questioned the cost to the City of the subject property and Mr. Adams noted that in exchange for the subject 224m~ of property, the City has agreed to pave a portion of the above company's property at an estimated cost of $15,000.00, and to advertise for closing a portion of the existing right-of-way that will not be used after the opening of this phase of the North/South Arterial. Upon being advised by Mr. Adams that the proposed property aCQuisition will represent a cost.to the City of approximately $6.22 per sQuare foot, Councillor A. Vincent expressed the opinion that this amount is too costly and he proposed an amendment to the above recommendation, that being that the City expropriate the subject property, however the City Solicitor expressed the opinion that ,the amendment is out of order as it contradicts the main motion. Councillor Knibb, speaking in favour of the above motion, noted 'that, as indicated in the above letter, more concern was given to the effect of the subject property as it involves a business establishment rather than the value of same and that an independent appraiser was hired to give an opinion with regard to a just settlement. Deputy Mayor Davis expressed the opinion that the property owner should be paid a fair amount for the subject property and' subseQuently carry out the paving of the driveway independent of the City as the City forces should not be'performing paving work for private individuals. Councillor A. Vincent concurred with the Deputy Mayor in this regard. Question being taken, the motion was lost with the Mayor'and Councillors Davis, Flewwelling, Gould, Murray and A. Vincent voting "nay". Councillor A. Vincent proposed that a motion be considered including a dollar amount for the above property and he suggested that no City equipment should appear on private property, especially in view of his understanding that two investigations are currently in progress. Her Worship the Mayor called Councillor A. Vincent out of order. 1 On motion of Councillor Davis Seconded by Councillor A. Vincent RESOLVED that the City Manager be reQuested to negotiate further with Raydor Limited in an attempt to reach an agreement with respect to the acquisition of the above-mentioned property. Question being taken, the motion was carried. I . Read a letter from the City Manager advising that, because the 50% Performance Bond and 50% Labour and Materials Bond received from Rocca for the Market Square Modest Rental and Senior Citizens Housing are unacceptable to Canada Mortgage and Housing Corporation and as- all documents relating to the Parking Garage Sub-Lease and Housing are to be delivered at the same time prior to finalization of this matter, Rocca has now submitted a Letter of Credit from the Bank of Nova Scotia in the amount of 50% of the contract price in lieu of the said Bonds, such change reQuiring Council's approval as the contract allows only for the Bonds. The letter further advises that Rocca has reQuested that the design and construction contracts of the City and CMHC, which are with The Rocca Group Market Square Development Ltd., be assigned to Rocca Construction Ltd. which is actually doing the work, the City's contract providing for such assignment with Council's approval, and recommending that Council approve the substitution of the Letter of Credit for the Bonds, and the assignment of the Contract from The Rocca Group Market SQuare Development Ltd. to Rocca Construction Ltd. Mr. Barfoot noted that a proper resolution has been prepared by ,the Legal Department for Council's consideration of the above matter. H)@ On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that Common Council authorize the substitution of ~ a Letter of Credit from the Bank of Nova Scotia for the Performance Bond and the Material and Labour Bond, which Bonds are required pursuant to Section 28 of Schedule "A" to the Design and Construction Agreement Modest Rental Housing entered into between the City of Saint John and The Rocca Group Market Square Development Ltd. dated the 18th day of May, 1983, such Letter of Credit to be in the amount of 50% of the contract amount and to be issued in favour of the City of Saint John: AND FURTHER BE IT RESOLVED that Common Council consent to the assignment by The Rocca Group Market Square Development Limited to Rocca Construction Ltd. of the said Design and Construction Agreement - Modest Rental Housing and authorize the execution by the Mayor and Common Clerk of a Covenant I Agreement between the City, The Rocca Group Market Square Development Limited and Rocca Construction Ltd. whereby the latter two companies are each liable to the City for the due performance of the said Design and Construction Agreement - Modest Rental Housing. Mr. Rodgers explained that the above letter details why'the matter was negotiated and that the proposed resolution elaborates on this letter and expands on the recommendation included therein insofar as the continuing liability of Rocca to the new agreement is concerned. Discussion ensued during which time Councillor Flewwelling questioned the feasibility of assigning the design and con- struction contracts to Rocca Construction Ltd., a company with which the City is not familiar in I comparison to the knowledge of The Rocca Group Market Square Development Limited which has been involved in this project to date. Mr. Barfoot noted that Rocca Construction Ltd. is actually performing the construction project and that the above motion, if adopted, represents the most direct way of accomplish- ing the necessary legal coverage which is required that the Letter of Credit which the Bank provides will be examined, from both a legal and financial point of view, and will be determined as satisfactory prior to the execution of the subject documentation. Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for demolition of the building located at 21 Belleview Avenue, which is owned by the Province of New Brunswick with the City acting as ~ its agent for the said demolition and to be reimbursed for the cost of same, plus $300.00 to cover the City's costs. On motion of Councillor Gould Seconded by Councillor Murray RESOLVED that as recommended by the City Manager and acceptable to the Province of New Brunswick, the tender of Master Enterprises Ltd., in the amount of $2,490.00, be accepted for the demolition of the building 19cated at 21 Belleview Avenue. Questi6nbeing taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as r'ecoiomendeWbycthe City Managerc, ,the firm,:0;f \/."':Ac.',Squires ',aridcAssociates ,Limited be'cengage<1:.by file:cCHycoI",'8.a:i:nt:,',Jofurct,o::conduct :a ,Fe:de[!a.l'~hd ,:.__ Pr6vinc'iaa sa.les"tax' audit I'DI' ;the years "1979-1983';, ':,'_ __ ' Question being taken, the motion was carried. Cons.ideratiim"cWas gl veirtoca letter-,from theCi ty Solicitor submitting ,a ,prgposed amendment to::the"Traffic By"baw' dealing-with limited ,paXking .0n',Douglas Avenue':in thee.area' of ,St; Matthews:, Presbyterian Church, such matter having been considered by Council at its meeting of July 24, 1983, advising that first and second reading is in order. " . -- On motion of Councillor Schermerhorn ~ Seconded by Councillor Knibb RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amend- ments Thereto". On motion of Councillor A. Vincent I Seconded by Councillor Knibb RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", be read a second time. Question being taken, the motion was carried. I Read a second time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets in the City of Saint John Made Under the Authority of The Motor Vehicle Act, 1973, and Amendments Thereto" . On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor regarding the lane or alley lying to the rear of lots fronting on Lansdowne Avenue and exiting onto'>Lansdowne and _ Dufferin Avenues, the status of which was requested by Mrs. Louise O'Connor and considered by Council ~ at its meeting of August 29, 1983, advising that, as a result of a review of plans filed in the County Registry Office and of the City Survey Sheet referred to in several of the deeds to the abutting lots, the subject area is not owned by the City of Saint John either as a private property or as a public thoroughfare; noting that on a plan of Portland filed in 1926 the land in question is clearly identified ....4 ,..- 101 ~ I I ~ I ~ I I ~ as a ~!common lane" indicating that it was to be used in common by the occupiers of the abutting lots, and also several 'deeds to the abutting lots make reference to a "common alley" or a "reserved common alley" lying to the rear of the lots; stating that the lane in question is neither a "fire lane" nor a "service lane" as described in the legislation, and the provisions therein for acquisition and disposal of such lanes by the City do not apply in this instance, therefore the control of the use of the lane is a matter to be dealt with by the abutting lot owners themselves -- be received and filed and Mrs: O'Connor be advised of the City ,0 Solicitor's opinion in this matter. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Board of Directors of Loyalist Days Inc. stating that it is pleased with the results of a study conducted by its office as a Summer Canada Works project through which this Board learned what activities the citizens of Saint John enjoyed the most and what economic impact the 1983 Loyalist Days festival had for businesses in the City; submitting a summary of such findings and advising that a full report is available upon request -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schernerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. J. R. Frenette, Interim Leader of the Opposition, requesting Common Council's views on the effect which the Provincial Government's measures with respect to the municipal tax rate structure may have on municipal financing and particularly on the forthcoming municipal budgets -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that authority be granted for payment of the invoice of the Cities of New Brunswick Association as follows:- $1,537.00 representing the 1983 dues to the said Association, and $6,780.00 representing the 1983 warrant to the Provincial-Municipal Council. Question being taken, the motion was carried. Consideration was given to a letter from The Saint John District Labour council regarding the appointment of a labour nominee to the Board of Directors of the Power Commission, as well as the implementation of the Mayor's Task Force report insofar as a labour nominee is concerned, expressing concern that Common Council is not recognizing the Labour Council as a representative of the majority of labour in the City, and requesting that Common Council consider these matters as the Labour Council is certain that these oversights can be rectified. A motion was proposed by Councillor Murray and seconded by Councillor Gould that the above matter be referred to the Nominating Committee, however the Mayor expressed the understanding that the NOlninating Committee would prefer to have a motion of Common Council requesting that the Saint John District Labour Council submit a list of names for consideration by this Committee when making committee appointments. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the Saint John District Labour Council be requested to submit a list of six names to the Nominating Committee on the understanding that those persons named will serve on any committee to which they are nominated. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the letter from The Saint John District Labour Council regarding the Saint John Anti-Poverty Association's protest with regard to the Provincial budget on June 15, 1983 -- be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a letter from the Saint John Anti-Poverty Movement requesting representation on the City's housing committee. A motion was proposed by Councillor Gould that the above matter be referred to the Nominating Committee, however Councillor Schermerhorn expressed the understanding that the housing committee will be meeting with various groups throughout the City and that it is likely the above group will be involved in such meetings. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Anti-Poverty Movement requesting Common Council to consider allowing this group to have one of its members sit on the housing committee -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Benevolent & Protective Order of Elks of Canada, Saint John Lodge #79, requesting that action be taken with respect to parking on both sides of Prince William Street, between Princess and Duke Streets, where parking is presently restricted between 12:00 o'clock midnight and 7:00 o'clock a.m. and, by law, this non-profit organization is required to remain open until 2:00 o'clock a.m. -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 102 1 On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the notices from the Liquor Licensing Board advising ~ that the applications of George Consolas for a restaurant license and Tomaso's Pizza and Restaurant Ltd. for a dining room license regarding premises at 45 Main Street West and 378 Rothesay Avenue, respectively, will be heard on September 9, 1983 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Martin D. Fineberg of Mosher, Cheodore & Company, solicitors, offering, on behalf of Marquis Investments Ltd., to sell to ,the City property at 53 Carleton Street for the sum of $15,000.00 with all normal adjustments to be calculated and paid at the date of closing -- be referred to the City Manager for a report and recommendation. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Chapter of the Civil Liberties Association commending Common Council for the new policy of Council agendas listing all items which will be considered in open session, Legal Session and Committee of the Whole be received and filed and the Association thanked for its interest in this matter. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council ~ meet in Committee of the Whole. Question being taken, the motion was carried. Lf);"7 ii=~r At a Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth I day of September, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; J. Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector and J. Brownell, Assistant Director of Recreation. ~ Reverend Ivan Raynor, Pastor of Douglas Avenue Christian Church, offered the opening prayer. Her Worship the Mayor commented briefly on the Marathon of Hope run which was held in the City on September 18, 1983, the proceeds of which will go toward cancer research, and she thanked all those who participated in this run, as well as those who participated in the several other activities in this regard which were held during that day. I Mr. Roderick Cummings of New Ireland Press, Fredericton, N.B., presented to the Mayor a copy of a recently-released book entitled, "Early Loyalist Saint John", which was written by D. G. Bell who is a resident of Fredericton and a teacher of law. Mr. Cummings noted that this book provides a new interpretation of Loyalist history and early politics in Saint John between 1783-1786. The Mayor thanked Mr. Cummings for this book. Councillor Murray suggested that this book should be referred to the Tourism and Public Relations Department for consideration of its use as a promotional item. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on September 12, 1983, be adopted. Mr. McDermott, replying to a query of Councillor Poley, advised that he will report on the Church Avenue Overpass during Committee of the Whole later this date and that his report on Tattoo 200 will be available for the next meeting of Council. Councillor A. Vincent questioned why, if the report on the Church Avenue Overpass is prepared, it cannot be considered by Council in open session to which the City Manager replied that negotiations are currently underway. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". ~ Councillor Vaughan extended congratulations to the members of the Saint John Ten Penny Baseball Team who won the Maritime Intermediate "A" Baseball Championship during the past weekend. ~ ,.. - .~- . ,. ......' ~ ..::' 103 Councillor Poley commented briefly on his attendance at a luncheon and workshop held at the Saint John Boys and'Girls Club for staff and volunteers of various Boys and Girls Clubs in New Brunswick and Nova Scotia. Councillor Poley noted that Mr. Ben Wicks, a cartoonist of both national and international renown, was in attendance at this event from whom he ordered 1984 calendars, which Mr. Wicks has prepared for the Boys and Girls Club, for the members of Common Council. ~ On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr; William Albert concerning the absence of adequate poles on King Street to facilitate various organizations in putting up banners, be referred to the City Manager for a report to Council. I Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne regarding the 1983 United Way campaign, which will commence on September 26, 1983, requesting that Council members review thei~ position, particularly in view of the economic times and the great need for the United Way to be a succes: In. order to assist those who require the services of the twenty-eight different agencies, and consider contrlbutlng through the City Hall payroll deduction plan, and expressing the opinion that, as elected officials, Council members should set an example for all other employed persons and representatives of the people in both the CitJ' and Province of New Brunswick -- be received and filed and elected officials take due notice. Question being taken, the motion was carried. ~ Consideration was given to a letter from Councillor Flewwelling asking the following questions with respect to rock on Chesley Street:- (1) how much money has been received by the City to date for the said rock, (2) what is the anticipated amount of money that will be received for the remaining rock, (3) how much money is outstanding on the rock sold to date, (4) how does the City account for the rock removed, and (5) how much rock will have been sold when it is finally cleared up. Mr. Armstrong, in reply to the above queries, advised that a total of $84,472.14 has been billed and received to date which represents the total of 112,629.52 tons of rock which were removed from the site prior to the present operation, and that approximately 15,000 tons of rock which have been removed from the site under the present operation to date have a value of $11,250.00, 'with approximately 7,000 tons of rock yet to be removed, for an estimated total amount of $100,972.00 to be received by the City for this rock material when the operation is complete which is expected to be within a week's time. Mr. Armstrong further advised that the rock material is measured by weight in conjunction with the National Harbours Board at the potash site and he confirmed that the rock material on Paradise Row is included in the above total. I Read a letter from Councillor Flewwelling requesting that, now that Council members have been provided with a list of vehicles required by the City, a list of vehicles and equipment rented by the City by season and believed necessary for the City's operation be provided to Council members. Councillor Flewwelling also requested that staff determine whether it is less expensive to own or rent vehicles. On motion of Councillor Flewwelling for a report and recommendation. Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City Manager Question being taken, the motion was carried. ~ Consideration was given to a letter from Councillor Poley regarding Hospice of Saint John, Inc./~':_03 L'Hospice de Saint John, Inc., advising that he attended, unofficially as Council's nominee, the first meeting of this organization on September 14, 1983, explaining that this non-profit company's goal is to establish and maintain a palliative care program in the City of Saint John and surrounding care, palliative care referring to care of a patient who is terminally ill, and providing information on this organization with respect to its aims and objectives. On motion of Councillor Gould and filed. Seconded by Councillor Schermerhorn RESOLVED that the above letter from Councillor Poley be received I Councillor Flewwelling questioned if the above organization would consider combining its services with those of the Cancer Society, Heart Foundation and other such groups thereby utilizing the same office and employing additional staff to carry out the various projects. Councillor Poley advised that the Board of Directors of the above organization is of the opinion that there is no co-ordinating effort designed for specific care, not'only medically but spiritually, emotionally and socially, of the patient and his family and that this organization hopes to provide an overall unit of palliative care, however the said Board is cognizant of and will work in conjunction with the other groups in this regard. I Question being taken, the motion was carried. Her Worship the Mayor noted that the new Administrative Assistant in her office is Maureen Conley and that she will assist all Council members. On motion of Councillor Gould ~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt September 8-14, 1983 $58,121.07 Question being taken, the motion was carried. 10~ 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- ~ 1. Millidgeville Waste Water Treatment Plant - Contract #4 Rocca Construction Ltd. Original estimated value of contract Total work done, Estimate Number 10 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 10, dated August 31, 1983 Partial release of holdback $5,198,000.00 3,926,404.81 544,041.72 3,337,444.09 $ 44,919.00 I 2. Portable Bleachers Henderson Recreation Equipment Ltd. Supply and supervision for erection of bleachers Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated September 6, 1983 Final release of holdback $ 197,500.55 201,325.09 I Nil 171,126.33 $ 30,198.76 3. City Road Sewer Que-Mar Construction (Maritimes) Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated September 18, 1983 Partial release of holdback $ 78,950.00 87,610.27 1,000.00 58,863.69 27,746.58 ~ $ 4. Brown Street Storm Sewer, Charles Street, Germain Street, Riverview Drive Sewer Renewal Que-Mar Construction (Maritimes) Ltd. Current budget allotment Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated September 15, 1983 Final release of holdback $ 102,277.11 102,277.11 Nil 99,208.80 $ 3,068.31 I Councillor Knibb questioned the reason for the over-expenditures in numbers 2 and 3 above. Mr. McDermott explained that the over-expenditure in number 2 above is related to extra work, such as galvanizing cross beams etc., and increased supervision costs due to the extra man-hours required to erect the bleacher seats, and Mr. Armstrong pointed out that, although number 3 above refers to City Road sewer, the project actually includes 3 separate projects on which two, those being Loch Lomond Road on which unexpected rock created an extra expenditure of $7,000.00 and Hilyard Street on which changes in quantities as originally estimated resulted in an additional $4,000.00. Councillor Flewwelling questioned if any fees have been received from the rental of bleacher seats to which the Mayor replied in the negative and added that when staff is reviewing Tattoo 200's report this matter will be reviewed. Question being taken, the motion was carried. ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the account of DeStecher, Miller & Law Ltd., in the amount of $2,490.50, for professional services rendered in connection with the revaluation of the residential site at Market Square, approval of the partnership having been acknowledged. Councillor A. Vincent questioned, in view of the date of the above invoice being June 22, 1983, the reason for its delay in being presented to Council. Mr. McDermott noted that the tri-level committee considers matters of this nature prior to their being presented to Council and that only 30% of the total is paid by the City. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $12,000.00 for the guarantee of rehabilitation of the Kirkpatrick gravel pit locat~d on the Upper Golden Grove Road, which is owned by Grove Construction & Paving Limited. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the application of Sea Belles of Harmony, Inc. for financial assistance with regard to presenting a bid in Chicago, ~ Illinois, U.S.A., to host Harmony, Inc., International Convention 1986, be referred to the grants committee. ~ I'" 105 ~ I I ~ I ~ I I ~ Councillor Knibb, speaking in opposition to the above motion, suggested that Council should extend wishes for success to the above group in its efforts in attracting the 1986 international convention, however it should decline to support the group at this stage. Councillor A. Vincent suggested that Council members may wish to donate privately to the efforts of the above group. Question being taken, the motion was carried with Councillors Gould, Knibb and A. Vincent voting "nay". A brief discussion ensued with respect to. whether or not Council members have in the past accompanied groups to various places to bid for conventions and the Mayor noted that this may be done when a Council member sits on a specific board, such as the Recreation and Parks Advisory Board. Councillor Murray suggested that there may be a precedent set in this regard as in 1978 a Council member accompanied a group in its bid for the softball championship games and that this matter should be reviewed by the grants committee. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for Union Street retaining wall construction be awarded to the low tenderer, W.A.C. Excavators Limited, in the amount 0.1' $35,341.64, and that the Mayor and Common Clerk be authorized to execute the 'necessary contract document s. 1. t I' C 11 A Vlncent advlsed that the above company listed, Mr. Armstrong, rep Ylng 0 a query 0 ounci or .' , . h I' d d h ead th se for Council's information. on the tender documents, four projects it as per orme , an ere Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the joint report from the c'ity Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, regarding a construction progress certificate payment with respect to Market Square Development - City Centre Improvements, Contract CCI #11, Smythe Street, in the amount of $121,010.47, which was tabled at Council's meeting of September 12, 1983; submitting summary details of the changes made to the contract, and recommending thatrprogress estimate number 8 to Que-Mar Construction (Maritimes) Ltd. be taken from the table and approved for payment as follows:- Market Square Development - City Centre Improvements Contract CCI #11 - S~ythe Street South Que-Mar Construction (Maritimes) Ltd. Construction of,Smythe Street South Original estimated value of contract Total work done, Estimate Number 8 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 8, dated September 8, 1983 Release of holdback less amo.unt held for deficiencies $777,780.00 804.247.57 4,240.00 678,997.10 $121,010.47 be received and filed and the recommendation adopted. A brief discussion ensued during which time Mr. Armstrong explained that Smythe Street South is COl)structed ,Ove!:' _,the :i,parking:cgalCage"structUre~and:J,the,,-contrac::tt',cov:.ereg,!,the, :asphalti:og, curbing, lands caping, bnick "and, ,concrete:',sidewalks :~:,:etc';"i,',:anddhat ; on:-this,'particulal:ecou-e:t'act,:,,S as "is th~::general practic e with C'"C:;I ",,,,cantlCacts cdone ',by:,Rocca;'cther,e,,-waSJno: 'contingencycallowance ~ihcluded'"cthere:tore the original value o:B':,th'e: 'Cbntractcdid:'not ,3includecfo.~,-:any p()ssibHity,'.whatsoeve~,,:t'orop~oblems"'Which",might arise on the site, and:;he0expr,ssed::the copinionathat,ct,he:oover-expenditurelof" 3,.-,4%'c is"cons:i:deredoa:',t:avourable pos i tion to be in on,':a:,contlCact:'of this camount. ::,eThe 'matter Ofcchanges:lbeing II1adeoinl'ac,c,ontr,act:,:which result in increased costs to l:the,qCHy';was2discussed',landlMr.,,:Armstrong noted that it"hasc1)een the8custom~" onceca contract commences, to allow:cthe Engineering'Departmento,too-contl'Ol:::the::e:>qlenliitures:.crThecMayo.lC:,suggested that a teach-in should be held oncthecplCesent tendering:';plCocedur,e'cat whichHime3this:cmattel'J,can-lbeoexplainedctocCouncil and should Co.uncil,wishc,to-,make',changes in this procedure the appropriate action can then be taken and she requested the City Manager to arrange this ,teach-in for the week of September 26, 1983. Question being taken, the motion was carried. Read a letter from the City Manager advising that it is recommended by both 'he and the Commissioner of Finance that the Municipal Finance Corporation include $9,000.000.00, on which Notice of Motion was given Council at its meeting of August 15, 1983, in its fall bond issue, and submitting a proposed resolution, the first two parts thereof being required by the said Corporation and the third part reflecting Council's policy of providing limits within which the Commissioner of Finance can accept an offer, for Council's consideration. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that subject to paragraph 3, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation'(the "Corporation") a City of Saint John bond or debenture in the principal amount of $9,000,000.00 on such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipal Affairs: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $97.25 per $100.00 of debenture, at an interest rate not to exceed an average of 13% per annum and at a term no.t to exceed 10 years: AND FURTHER that the Commissioner of Finance report to Common Council the exact values for price per $100.00 of'debenture, interest rate, and term in years, together with the date of issue for approval by Common Council. A brief discussion ensued during which time Mr. Wilson explained the purpose of the above bondvissue and the procedure followed by the Municipal Finance Corporation, and he noted that $16 million has been raised in 1983 in this manner which meets the City's budgeted requirement and that it is anticipated that it will be early in 1984 when another bond will be considered. Question being t~ken, the motion was carried. ., 106 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager submitting a ~ copy of a proposed Noise By-Law, noting that this By-Law is similar to that in effect in the Cities of Moncton and Fredericton, N.B., and Etobicoke, Ontario, and does not prohibit industrial noises or attempt to control background noise but deals more with specific community annoyances, and recommending the adoption of a Noise By-Law and that first reading be given the proposed By-Law, be received and filed: AND FURTHER that the by-law entitled "A By-Law Respecting The Prevention Of Excessive Noises In The City Of Saint John"-, be read a first time. Councillor Schermerhorn suggested that, as it is understanding that the Police Chief has not had an opportunity to review the above-proposed by-law, it should be referred to him for review. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Mayor, replying to a query of Councillor A. Vincent, advised that the Legal Department has already reviewed the above-proposed by-law. Read a first time the by-law entitled "A By-Law Respecting The Prevention Of Excessive Noises In The City Of Saint John". I Read a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law with regard to Union Street, which was given first and second readings by Council at its meeting of September 12, 1983, advising that third reading is now in order. On motion of Councillor Knibb Seconded by Councillor Schermerhorn , RESOLVED that the by-law entitled "A By-Law To Amend A By~Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", regarding parking restrictions in front of 318 Union Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. ~ Question being taken, the motion was carried. The by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A By-Law To Amend A By- Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking restrictions on a portion of Douglas Avenue, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I Question being taken, the motion was carried. The by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety prior to adoption of the above resolution. Councillor A. Vincent requested a report from the Legal Department with regard to parking on the City Hall side of Chipman Hill. 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 begs leave to report that it sat on September 12, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the City of Saint John authorize the borrowing of $750,000.00 for the Saint John Housing Commission to undertake major renovations in the fifty-four housing units of Rockwood Court, and authorize the Mayor and Common Clerk to sign the necessary documents. I 2. That the following recommendations of the Nominating Committee be adopted, namely: (a) that Councillor Ralph Poley be appointed to the Board of Directors of the Hospice of Saint John; (b) that Messrs. Michael E. Doyle and James Humphrey be appointed as additional members of the Saint John Art Advisory Board; I (c) that as recommended in the Report of the Mayor's Task Force on Economic Development, Common Council establish a select group of citizens to review the Deutch Report and to further assess the role of U.N.B.S.J. in the community. 3. That as recommended by the City Manager, the City assign the administration of the Market Square Parking Garage, Trade and Convention Centre, and Library Sub-Leases, to The Market Square Corporation ~ for an initial period of 24 months. ...jj r- 107 ~ I I ~ I ~ I I ~ 4. That as recommended by the City Manager, the City enter into an agreement with Doane Raymond Limited as Receiver-Manager of Roy M. Lawson Limited with respect to the purchase by the City of certain lands situate on the north side of Rothesay Avenue comprising approximately 78,000 square feet (and 'any buildings, improvements etc. thereon) and the settlement of certain matters of dispute between the City and Lawson. The Agreement shall provide, among other things that the purchase price shall be $325,000.00; that the City shall receive a good and marketable title which is free and clear of all encumbrances (other than the sewer easement and the right-of-way shown on Schedule "A"); that the City shall have full access to all of tlie property; that the action commenced against the City for rent is to be discontinued; and the City is to be provided with a release for any such claims; that the City will withdraw its Statement of Adverse Claim with respect to a certain application to Quiet the Title to certain lands allegedly owned by Lawson, all such documentation to be approved by the City Solicitor as to legality and form. 19 September, 1983 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a i I' man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Councillor Knibb, in proposing the above motion, stated that he did so in spite of the fact that Council is in receipt of a letter regarding same and, referring to this letter and petition from tenants in the Rockwood Court housing (copies of which were distributed to CoUncil members prior to this meeting), he noted that at a meeting between the Housing Commission, of which he is a member, and tenants ,of the Rockwood Court housing on September 15, 1983, it appeared that the tenants were prepared to accept a substantial increase in rent in order to allow the necessary repairs and renovations of the subject housing units to be carried out, however the tenants are now requesting a postponement of any final agreement to commence these renovations until the Housing Commission and tenants have the opportunity to review and discuss this matter further. Councillor Knibb expressed the opinion that, if these buildings are not'repaired at this time, they will deteriorate to the extent of being irreparable or they will be sold ,to a private developer who may not be as considerate as the City in attempting to keep the rental increase modest, and he requested Council's support in the adoption of the above resolution. Councillor Schermerhorn questioned whether Council would be premature in authorizing the above expenditure prior to receipt of the recently-established Housing Policies Committee's report with regard to housing in the City and he proposed that the matter be tabled pending receipt of this report. The Mayor suggested that the Housing Policies Committee and the Housing Commission should meet to discuss this matter prior to Council making its decision on same. Councillor Poley concurred with Councillor Knibb in this matter and expressed the opinion that the City would be unable to obtain a reasonable selling price for these housing units in their present condition and that he would oppose a motion to table this matter. The matter of tenant representation at the said meeting was discussed as was the proposed rent increase of approximately $130.00 over the current rental of $135.00 to $150.00 per month for a three-bedroom unit. Deputy Mayor Davis expressed the opinion that, in view of the City's current financial obligations and the absence of a plan for overall housing in the City to be submitted by the Housing Policies Committee, this matter should be delayed for the time being. The Mayor questioned Chief Clark concerning Councillor A. Vincent's suggestion that the subject housing units could not meet fire safety regulations to which Chief Clark advised that, at the time of the last inspection, this property was up to standard in this aspect and he offered to have an updated safety inspection performed on these units. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the above matter be laid on the table pending submission by the Housing Policies Committee of its anticipated report. Question being taken, the tabling motion was lost, a tie vote having been created with Councillors Flewwelling, Knibb, Murray, Poley and A. Vincent voting "nay". A brief discussion ensued regarding the fire insurance coverage on the above housing units and C01L~cillor A. Vincent, Vice-Chairman of the Housing Commission, expressed the understanding that the rate is reasonable and the coverage adequate. Question being taken, the motion was carried with the Mayor and Councillors Davis and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 2(a) of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2(b) of the above report be adopted. Question being taken, the motion was carried. The Mayor requested that section 2(c) of the above report be tabled in order that she can meet with the Fundy Region Development Commission in this regard. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that section 2(c) of the above report be laid on the table pending a report from the Mayor on this matter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Councillor A. Vincent questioned where the company, which he understands will be taking over the operation of the Market S~uare Parking Garage, is from to which Mr. McDermott advised that he will obtain this information. Question being taken, the motion was carried with C<;>uncillor A. Vincent voting "nay". 108 " On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that section 4 of the above report be adopted. ~ A brief discussion ensued during which time Councillor A. Vincent questioned if a title search was carried out to which Mr. Rodgers advised that a search will be undertaken upon the adoption of the above motion, however the solicitor for the Receiver-Manager has guaranteed a clear title to the subject property. Mr. McDermott, replying to a query of Councillor A. Vincent, noted that the Receiver-Manager, in a letter of September 1, 1983, confirms that he is unaware of any right-of-way existing on the property immediately behind the Dykeman building on Rothesay Avenue and that, although Mr. Lawson had allowed Mr. Dykeman to use this land to access his building, the former confirms that there was no such agreement and the said Receiver-Manager is not aware of any outside doors in the rear of the Dykeman building. Question being taken, the motion was carried with Councillors Davis, Poley and A. Vincent voting "nay". I Councillor Vaughan requested that a matter regarding the appointment to the grants committee of a member of the Recreation and Parks Advisory Board, on which she is Council's representative, be added to the agenda and considered at this time. On motion of Councillor Vaughan I Seconded by Councillor Gould RESOLVED that the above matter be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Gould RESOLVED that the request of the Recreation and Parks Advisory Board to have one of its members appointed to the grants committee be referred to the Nominating Committee. ~ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that as recommended by the Saint John Housing Commission, the contract for rewiring and re-insulation of the 54 housing units at Rockwood Court be awarded to the low tenderer, Norman W. Francis Limited, in the amount of $569,001.00. Councillor Vaughan questioned if the City is eligible for a Federal or Provincial heat I conversion grant to which Councillor Knibb replied that this matter has been discussed with City staff and there are no grants of this nature available for City-owned property. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as requested by the City of Saint John Annual Santa Claus Parade Committee, Council underwrite, if necessary, any costs the said Committee is unable to meet up to $1,000.00 with regard to the 31st annual Santa Claus Parade scheduled for Saturday, November 19, 1983. Question being taken, the motion was carried. ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Gerald S. Merrithew, Provincial Minister of Natural Resources, regarding Council's request that consideration be given to designating the Red Head marsh area as a game refuge which would prohibit hunting and trapping therein; expressing the understanding that such a step would not serve a wildlife managment purpose and that these activities could be compatible with other public uses; suggesting that, if Common Council wishes to prohibit the discharge of firearms within the marsh, action could be taken through municipal authority, and requesting to be advised on the decisions taken by Common Council on this matter -- be referred to the City Solicitor for a report and recommendation. I (Councillor Poley withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn I RESOLVED that the letter from the Saint John Ministerial Association and the letter and petition from members of Brookville, Glen View and Golden Grove Congregations of the United Church of Canada endorsing the recent decision of Common Council that Market Square not be designated as an official tourist area -- be received and filed. (Councillor Poley re-entered the meeting.) It was noted that The Rocca Group Market Square Development Limited has requested by letter (a copy of which was forwarded to Council members as an information item) to appear before Council regarding the above matter. Question being taken, the motion was carried. ~ ..... I'" 109 On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that the letter from Mr. E. Birmingham regarding his previous letter to Common Council with respect to bicycles in King Square and pedestrian crosswalks, a staff report on which has not to date been received -- be received and referred to the Chief of Police for whatever action he deems necessary. Question being taken, the motion was carried. Read a letter from D. Hatfield, Ltd. regarding the City's request for duplication of information provided on trucking slips. I Councillor Gould proposed that the above letter be referred to the City Manager for a report and recommendation, however this motion was not seconded. On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that the letter from D. Hatfield, Ltd: advising that its administrative costs have increased due to the City's request for duplication of information on trucking slips; expressing the opinion that it is unreasonable to request this Company to ensure that City foremen sign equipment rental slips properly as it has no control over these foremen and the said company's employees have no desire to correct the foremen for whom they are working; stating that this makes for a ,very poor working relationship and requesting Common Council to reconsider this matter -- be received and filed and the Company be advised that the City's policy will be followed in this regard. Question being taken, the motion was carried. On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. John Brock regarding a new road sign to the right of the MacKay Highway westbound lane in the City between the Fox Farm Road and the Brookville Overpass; expressing the opinion that Saint John is taking a step backward if it is beginning to litter a Provincial highway for tax revenue from commercial signs -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from PRUDE Inc. requesting premises in the City Market building in the space formerly occupied by the Saint John Police Department Youth Division -- be referred to the City Manager for a report and recommendation. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn League for October 28 Seconded by Councillor Vaughan RESOLVED that the request of Saint John Ten Penny Touch Football financial assistance regarding its participation in national tournament in Ottawa, Ontario on to 30, 1983 -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Joseph J. Downey requesting that the houses on Spar Cove Road be renumbered as the present system is confusing -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from several independent small businessmen, who operate businesses at or within acblock of Charlotte Street at Union Street, requesting that the parking meters on the south side of Union Street, between Germain and Charlotte Streets, which have a one-hour time limit, be removed and that they be replaced by meters or signs which allow only fifteen-minute parking -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the application~of Miss Catherine McCaig for re-zoning 298-302 Westmorland Road, be referred to the Planning Advisory Committee for a report and that the necessary advertising be authorized. of property behind recommendation and Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in ~ Legal Session. Question being taken, the motion was carried. ~cgf:!<'yk4 110 " At a Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty- sixth day of September, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; and J. Gallagher, Chief Accountant. Reverend Darrell Pond of Hillcrest Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on September 19, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor referred to a recent newspaper article regarding the retention of freight rate subsidies and noted that Common Council, by resolution of August 15, 1983, recommended to the Federal Government that the present freight rate subsidies be continued. The Mayor commented briefly on the meeting with representatives of Saint John'Building and Construction Trades Council, which was held in Committee of the Whole on September 19, 1983, and she noted that Common Council requested that this group submit a list of names to the Nominating Committee for consideration as committee nominees, as was requested by Common Council of the Saint John District Labour Council at a previous meeting in open session. Her Worship the Mayor extended best wishes to the Royal Canadian Regiment, which is depart- ing for Cyprus this week for a six-month period, and she noted that she and Councillors Vaughan and Schermerhorn had the opportunity to meet with the members of this group in C.F.B. Gagetown on September 23, 1983. The Mayor encouraged all citizens to support the United Way Campaign which commenced today with a noon-hour luncheon. Councillor Poley referred to a letter to the Provincial Minister of Transportation from various motel operators on Ocean Westway (copies of which were forwarded to Council members as an information item), regarding signing problems and he suggested that Council should consider this matter at this meeting as, in his opinion, Council could and should take action on same. On motion of Councillor Knibb ,Seconded by Councillor Poley RESOLVED that the above letter be added to ,the agenda and considered by Council at this meeting. Question being taken, the motion was carried. ~ I I ~ I Councillor Knibb suggested that the letter from the City Manager regarding Tattoo 200 - _ 1984, which is on the Committee of the Whole agenda of this date, be added to the agenda for consider- ~ ation at this meeting. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the above letter be added to the agenda and considered by Council at this meeting. Question being taken, the motion was carried. Councillor Knibb commented briefly on a recent Bi-Capitol Project concert and noted that this project has yet to raise $350,000.00 in order to purchase the former Capitol Theatre from the Full Gospel Assembly to use as a performing arts centre. The Mayor advised that a letter was forwarded, under her signature on September 19, 1983, to the Board of Directors of the Canadian Association of Fire Chiefs requesting that they hold their 1986 annual conference in the City of Saint John. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from Low Density Residential to District Centre Commercial classification and (b) to re-zone the same parcel of land from "RS-lM" One- and Two-Family and Mobile Home Suburban Residential to "B-2" General Business classification, to permit the establishment of a motorcycle repair business as requested by Mr. Roger Dempsey. Consideration was given to a letter from the Planning Advisory Committee recommending that the above application not be approved. I I, ~ ...ill ,. 111 Mr. Dem~sey appeared before Council in support of his application for re-zoning and advised that, at the present time, his business employs two persons, however should the above amendments be approved, four persons will be employed in 1984. Mr. Dempsey, replying to a query of the Mayor, advised that, in order to protect his investment and establish a clientele, it was necessary to open his business on the subject site even though the above amendments have not been approved. ~ I Councillor Knibb noted that, as indicated in the above letter from the Planning Advisory Committee, there were no objections received from area residents to Mr. Dempsey's proposed business operation and he expressed surprise that the said Committee would recommend denial of the subject application in view of this and of the fact that the business will create employment. Mr. Dempsey, in reply to a query of Councillor M. Vincent, advised that there is a residential property on one side of the subject property and two vacant lots on the other side and that the motorcycle repair business, although behind his house, is visible from the street. On motion of Councillor Knibb 1 Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from Low Density Residential to District Centre Commercial classification, be read a first time. "nay" . Question being taken, the motion was carried with Councillors Davis, Poley and Schermerhorn voting Read a first time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Knibb ~ Seconded by Councillor M. Vincent RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from Low Density Residential ,to District Centre Commercial classification, be read a second time. Councillor Gould suggested that prior to third reading of the proposed amendments, in view of Council's apparent wish to proceed with same, staff should recommend conditions to control the site appearance of the business establishment. I "nay". Question being taken, the motion was carried with Councillors Davis, Poley and Schermerhorn voting Read a second time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled "A Law to Amend the Zoning By- La" of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from "RS-lM" One- and Two-Family and Mobile Home Suburban Residential to "B-2" General Business classification, be read a first time. ~ "nay". Question being taken, the motion was carried with Councillors Davis, Poley and Schermerhorn voting Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from "RS-lM" One- and Two-Family and Mobile Home Suburban Residential to "B-2" General Business classification, b'e read a second time. "nay". Question being taken, the motion was carried with Councillors Davis, Poley and Schermerhorn voting I Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. ~ The Common Clerk advised that the necessary advertising was completed with respect to amending the Zoning By-Law by re-zoning an approximate 200' x 400' (2 acresz) parcel of land on the east side of Millidge Avenue, about 250 feet north of University Avenue, from "R-lA" One-Family Residential to "B-2" General Business classification, to permit use of the land as a parking lot in conjunction with the ~roposed expansion of the A. C. Nielsen Company situated at 661 Millidge Avenue, as requested by A. C. Nielsen Company of Canada Limited. :ll.i~ ., Consideration was given to a letter from the Planning Advisory Committee advising that, although a number of motions were debated during its consideration of the above matter, nOne were adopted, however some of the Committee members felt that it would be preferable not to re-zone the parcel at this time but permit A. C. Nielsen to use the property for parking for the present time and, after a plan is prepared and/or other portions of the City-owned property are approved for development, the City may be in a better position to finalize the location of the parcel which could be transferred to and be used by the A. C. Nielsen Company. The letter also advises that, while it is unfortunate that it is unable to make a recommendation to Common Council in this regard, the above proposal illustrates what can happen with a lack of adequate planning, and expresses the hope that Council will seriously consider proceeding with a neighbourhood plan for Millidgeville and to provide the necessary resources to carry out this long, over-due project. Consideration was also given to a letter from the Saint John Board of Trade requesting that the above re-zoning receive Common Council's favourable attention and that every effort be made to fulfill the requirements of A. C. Nielsen Company of Canada Limited. Consideration was also given to a letter from Nielsen Promotion Services (copies of which were previously forwarded to Council members), a division of A. C. Nielsen Company of Canada Limited, providing information regarding the international scope of the company as well as with respect to the role of this company in Saint John, its need for additional space and the reasons for its interest in the subject property on which to expand its facilities. Mr. Alex Hatfield, Vice President of the M. Gerald Teed Home & School Association, appearing in opposition to the above-proposed re-zoning, stated that this Association does not object in principle except insofar as this re-zoning application precedes rather than follows the completion of a comprehensive development plan for Millidgeville. Mr. Hatfield advised that the said Association recommends that the community plan for Millidgeville be completed and published before any zone changes take place and before much more building occurs in the area and that, as this Association supports the existence of the subject company in the area, the City accommodate the Nielsen Company's requirements. Mr. Hatfield pointed out that the Association foresees some difficulty in having a parking lot on the other side of Millidge Avenue and recommends close investigation of the area of the west side of Millidgeville, between Neilsen's and Woodward Avenue, and also that it would like construction of the proposed park/play area on the corner of Millidge and University Avenues to proceed simultaneously with the expansion of the Nielsen Company and be at least the same size as the said company's parking lot, and as well it is the wish of the Association to have a sidewalk constructed along the east side of Millidge Avenue, between University Avenue and Hill Heights Road as at the present time there is some hazard to pedestrians. A brief discussion ensued during which time matters concerning the impact on the community of both the proposed expansion, in view of the current high rate of unemployment in the community, and the annual payroll of Nielsen Promotion Services, as well as the desirability to maintain this company in Saint John. Mr. Paul W. Pierce, Vice President and Production Manager of Nielsen Promotion Services in Saint John, and he commented briefly on the contents of the above-mentioned letter from his company. Mr. Pierce concurred that property should not be used without careful consideration to the long-term development of same, however he stressed the need for the subject company to expand its facilities in the immediate future, such expansion preferably to occur in Saint John and considered to be for the good of the City and its citizens. Mr. Pierce expressed the belief that the the zoning change being requested is in keeping with the long-term development the Planning Branch is considering and that the type of zoning being requested will be required for that land mass in the long run in any event, and he requested that the subject parcel of land be re-zoned now in order to permit the said company to carry out its expansion plans. Deputy Mayor Davis questioned whether it is the intent of the above company to permit its proposed parking facility to be utilized during off-business hours by the general public to which Mr. Pierce replied that this is not the intent as the maintenance of a parking lot is often difficult and expensive, however there is a possibility that some arrangement could be worked out 'if this type of parking is necessary from time to time. Mr. Winch, replying to a query of Councillor Murray with respect to the type of facility which is considered suitable for the subject area as a result of soil tests thereon, advised that staff has not as yet reviewed this matter in detail, however it is aware that, although there are problems in that the area is quite wet, it could be drained satisfactorily to permit various uses, presumably including a parking lot. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning an approxi- mate 200' x 400' (2 acres~) parcel of land on the east side of Millidge Avenue, about 250 feet north of University Avenue, from "R-IA" One-Family Residential to "B-2" General Business classifica- tion, be read a first time. Mr. Winch, replying to a query of Councillor M. Vincent, advised that, as the need for both a general neighbourhood plan for Millidgeville and a specific design plan for the thirty-acre parcel of City-owned land in the subject area has been identified, he is unable to estimate the length of time required to complete the plan development of the area in view of the present staff situation in the Planning Branch, however, with the adequate number of staff required to carry out this work, a year to a year and a half would be required to prepare a proper plan. Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould ~ I I ~ I ~ I I, Seconded by Councillor M. Vincent RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning an approximate 200' x 400' (2 acres~) parcel of land on the east side of Millidge Avenue, about ,250 feet north of University Avenue, from "R-IA" One-Family Residential to "B-2" General Business classification, ~ be read a second time. Question being taken, the motion was carried. ...ill "" 113 Read a second time the by,.law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". ~ On ~otion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. I Mrs. Bernice Johnston addressed Council on behalf of the Rockwood Court Tenant's Committee regarding Common Council's resolution of September 19, 1983 authorizing the Saint John Housing Commission to borrow $750,000.00 to be used to renovate and upgrade the Rockwood Court housing units. Mrs. 'Johnston, referring to a prepared brief (copies of which were previously forwarded to Council members), stated that the tenants of Rockwood Court feel they were given inadequate notice and opportunity to make representation to Council, not having been informed of this proposal until September 15,1983 at 7:30 o'clock p.m., and expressed the concern that there will be an, increase of 94% in their rent and that the proposed expenditures might not all be necessary. Mrs. Johnston also expressed concern that a portion of the money to be expended is unnecessary or unwise and requested that the subject resolution be rescinded and that the tenants of Rockwood Court be given an opportunity to make representation with regard to any proposed expenditure as, although they are in agreement that renovations are necessary and they are prepared to pay higher rents, 'they question whether the necessary renovations could be made at a much lower cost than that estimated. Mrs. Johnston questioned the desirability of a situation whereby the subject renovations are carried out and the rents increased accordingly whereupon many tenants are forced to relocate being unable to afford the rent increase, leaving vacancies ,in Rockwood Court housing which may not be filled thus leaving a debt for the repairs which the Commission may be unable to repay. 1 ~ Discussion ensued regarding the possibility of increasing the rent on the above housing units in stages, rather than all at once, and the current rental rates being paid by the tenants in the subject housing, as well as the possibility of the tenants purchasing these housing units or the City selling same to a prospec~i tive purchaser. Councillor Knibb noted the presence in the Council Chamber of Messrs. John Disher, Chairman of the Saint John Housing Commission, and John P. Mooney, Consulting Engineer, and he suggested that they should be given the opportunity to address Council in this regard. On motion of Councillor A. Vincent address Council at this time. Seconded by Councillor Knibb RESOLVED that Messrs. John Disher and John P. Mooney be invited to Question being taken, the motion was carried. I Mr. Disher addressed Council and, referring to the suggestion that inadequate notice was given the Rockwood Court tenants, he advised that it was not the intent to deprive the tenants of information but that it was considered a better approach to inform them of the entire program which could not be done until the cost of the proposed renovations was known and that, although the time was short, it was considered unavoidable under the circumstances. Mr. Disher suggested that Mr. Mooney comment on the necessity of the rewiring and structural conditions and he stated that the Commission feels the expenditures are necessary and wise and he noted that the proposed 94% rent increase is considered to be the top limit and that the Commission's actions in this regard have been directed to keeping the subject costs as low as possible and that the Commission is interested in finding other methods to effect savings. Mr. Mooney addressed Council and explained the nature of and necessity for the proposed electrical repairs at the Rockwood Court housing and commented on the heating devices used in these cold-water flats and the policy decision of the Housing Commission that there should be a uniform method of heating these housing units and that the best method to utilize is considered to be hot air electrically heated furnaces. Mr. Mooney also commented on the proposed interior wall and ceiling insulation for these housing units as ,well as the structural condition of the subject buildings. ~ During ensuing discussion Mr. Disher noted that, in a report prepared through the City Manager's Office several weeks ago, additional repairs of a minor nature such as doors etc. were noted and that there have been funds allocated in this regard in the total $870,000.00 estimated for repairs and renovations, and he commented briefly on the advantages of carrying out these repairs simultaneously with the rewiring and insulation in order to avoid extra costs and as well to avoid any further disruption to the tenants. The matter of the subject housing units qualifying for government energy conservation grants was questioned to which Mr. Disher expressed the understanding that there are no grants of any type available to assist in the proposed renovations and repairs. Mr. Disher advised that it is not the intent to increase rents for at least six months when it is anticipated that the initial work will be completed, however the matter of increasing the rent structure in a type of graduated scale has been reviewed and it is expected to be approximately 30 months before the total rent increase is reached, and that the tenants have been so advised. The Mayor noted that she has received a letter from the Business Manager of The International Brotherhood of Electrical Workers which indicates that there may be a problem with respect to the electrical contract and she advised that she will provide Mr. Disher with a copy of this letter for whatever action is necessary. Councillor A. Vincent requested assurance that no contract with respect to the electrical work has been signed to which the Mayor advised that she has not as yet signed a contract in this regard. I Her Worship the Mayor thanked Mrs. Johnston and Messrs. Disher and Mooney for their comments on the above matter and advised that Council will render a decision on same later in this meeting. I Notice had been sent to Ronald H. Laskey and Edythe Laskey, equity of redemption and The Central Trust Company of Canada first mortgagee and Canadian Imperial Bank of Commerce, second mortgagee and Canadian Imperial Bank of Commerce, third mortgagee, to appear at this meeting to show cause, if any, why the building located at 11-13 Harding Street (L.R.I.S. Number 3111), in the City and County of Saint'John, should not be removed or destroyed as a dangerous or dilapidated building. ~ Consideration was given to a report from the Building Inspector advising that the above two-storey wood frame building has been allowed to deteriorate, is open to ,the public and is dangerous, and recommending that Common council declare the subject building to be dangerous and dilapidated 'and by virtue of the Saint John Building Act 1925, order the owners to remove or destroy the building. Mr. Johnson displayed photographs of the subject building. Consideration was also given to a letter from Clark, Drummie & Company, Solicitors (copies of which were distributed to Council members prior to this meeting), advising that the property in question is being sold by Mr. Laskey; submitting a copy of an Agreement of Purchase and Sale and related documents concerning Lower Cove Housing Co-Op's plans for the property, and requesting Council to defer any decision at this time in order for the purchaser to receive the necessary approval to renovate the subject property. .. 1141 " Mr. David Brown, Solicitor for Lower Cove Ho~sing Co-Op, addressed Council and advised that this group put an option to purchase the above building earlier this date and, referring to a map of the Harding Street area (copies of which he distributed to Council members at this time), he noted the location of the subject lot and advised that the Co-Op is hoping that the above property will become one of five proposed properties on Harding Street which will develop into approximately 10 to 15 Co-Op continuing housing units to be developed early in 1984. Mr. Brown requested Council to delay its decision on the above matter until at least November 30, 1983 and that the Co-Op will agree to a con- dition that it will secure the subject building in order to reduce any danger from further vandalism or fire. Councillor Poley noted that the owner of the above building was issued a number of notices regarding its condition and to date took no action to rectify the situation. Mr. Johnson, replying to a query of Councillor A. Vincent with respect to notices being hand delivered or forwarded by registered mail to financial institutions rather than being publicly advertised, advised that in this instance the notices were served personally and not advertised which could explain the reason for the above group becoming aware of the proposed demolition of the building at such a late date. In reply to a query of Councillor Knibb, Mr. Johnson recommended that the proposal of the above group to delay review of this situation until November 30, 1983 be granted, however he insisted that the building be made secure and suggested that this group consider removing the rear ell of the subject building as in his opinion itv is not structurally sound. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table until November 30, 1983 and that the Building Inspector keep Council informed with respect to the status of the subject building. Councillor A. Vincent questioned whether the Co-Op will assume the legal responsibility for the subject building and the security of same to which Mr. Brown expressed the opinion that, if the subject building is not secured, Council can then proceed under the 1925 Building Act to demolish same, and upon Councillor A. Vincent's insistence that the subject company provide assurance to this effect, Mr. Brown offered to submit a letter on September 27, 1983, in this regard. Question being taken, the tabling motion was carried. (Her Worship the Mayor withdrew from the meeting due to a possible conflict of interest whereupon the Deputy Mayor assumed the chair.) ~ I 1 ~ Consideration was given to a letter from Mr. Brian W. Mosher of Mosher, Chedore & Company, solicitors, requesting to appear before Council on behalf of Brett Motors, Fairweather Tire, Centennial Pontiac, Quigg Motors, Sumner Tire, Crane Canada and Atlantic Auto Parts, which are located on Rothesay Avenue regarding the condition of this street, particularly the area between the Marsh Creek Bridge and the One Mile House which has been undergoing repairs for several months, such repairs necessitating the road surface being torn up thereby causing considerable inconvenience for many citizens, particularly those who are operating businesses in the subject area. The letter proposes that Common Council consider undertaking sufficient resurfacing of this portion of Rothesay Avenue as a stop-gap measure 1 pending the complete resurfacing to be carried out by the Provincial Government. Councillor M. Vincent questioned if the above company is to appear at this meeting to which Mr. Armstrong explained that, subsequent to discussions with the Provincial Government on September 23, 1983, repairs to the subject road commenced earlier this date. (Councillor Knibb withdrew from the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Mr. Brian W. Mosher of Mosher, Chedore & Company, solicitors, regarding the condition of Rothesay Avenue, particularly the area between the Marsh Creek Bridge and the One Mile House, be received and filed. Mr. Armstrong advised that, once Mr. Mosher was advised that these temporary repairs to Rothesay Avenue are underway, he decided there was no reason for him to appear before Council at this time. Question being taken, the motion was carried. (Her Worship the Mayor re-entered the meeting and assumed the chair.) On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne recommending that, as The Honourable Romeo LeBlanc, Federal Minister of Public Works and CMHC, has always given his full support to Common Council's efforts for improvement, the City should name a street at Market Square in his honour and request him to attend a dedication ceremony at some mutually-satisfactory time -- be received and filed and the recommendation adopted. (Councillor Knibb re-entered the meeting.) Councillor Murray expressed opposition to the above resolution as, in his oplnlon, it is the duty of elected officials to respond to the wishes of the electorate, and also there are many Saint John citizens who are worthy of having a street named in their honour. Councillor Vaughan noted that The Honourable Mr. LeBlanc was instrumental in the Dry Dock's acquisition of the frigate program as well as with respect to the financing of the Market Square project. The Mayor, in reply to a query of Councillor A. Vincent, expressed the understanding that a street in the North Market Wharf area is being considered in this regard. Question being taken, the motion was carried with Councillor Murray voting "nay". ~ I I. ~ .... ,... tiS On motion of Councillor'Schermerhorn ~ Seconded by Councillor Knibb RESOLVED that the letter from Councillor Schermerhorn expressing concern with respect to the financial direction of the City as there is a tendency by the City to capitalize projects, such as items of a maintenance nature, which should be financed from the general fund, and also the City has long-term financial commitments for capital projects, which were committed for in the past, such as Market Square, the aquatic centre and City Centre Improvements, such commitments to further increase by projects the current administration may initiate; suggesting four courses of action which should tend to stabilize the tax rate and also assist in either lowering the tax rate of the outer zones of the City or improving their services or at least achieve a City-wide balance of tax rates and service, and recommending that the City Manager comment on the feasibility of the ongoing fiscal program and that the latter matter be referred to the City Manager and staff for consideration and comment -- be received and filed and the recommen~:" dation adopted. 1 The Mayor, responding to a comment of Councillor Knibb with respect to communities outside the City being able to enjoy the City's facilities without the financial burden of same, noted that a meeting is being arranged with the Mayors and Deputy Mayors of the surrounding municipalities to discuss matters of mutual concern. (Councillor Gould withdrew from the meeting during the foregoing discussion.) 1 Question being taken, the motion was carried. Read a letter from Councillor Schermerhorn stating that a problem exists at l29 Mallette Road in terms of property ownership and the road right-of-way, requesting an updated report from staff on this situation at Council's next meeting. Councillor Schermerhorn re-iterated his request for a report on the above matter at Council's next meeting. On motion of Councillor Knibb ~ Seconded by Councillor A. Vincent RESOLVED that Common Council reaffirm its resolution of September 19, 1983, with respect to the Saint John Housing Commission's borrowing of $750,000.00 for repairs and ' renovations to the Rockwood Court housing units, and that authority be given for the Mayor and Common Clerk to execute the necessary contract documents. 1 Councillor A. Vincent, Vice Chairman of the Housing Commission, suggested 'that all subcontractors should be approved by the Saint John Housing Commission. Councillor Schermerhorn questioned if it is the Commission's plan to increase the rental on these housing units on a gradual basis to which Councillor Knibb, a member of the Commission, noted that, as indicated in the earlier discussion of this matter, a plan of this nature may be utilized, however he expressed concern that an undue delay in the necessary repairs and renovations could result in an even larger rent increase as it would be more economical to carry out some of the repairs simultaneously. Deputy Mayor Davis expressed opposition to the above motion on the basis that the residents in the subject area should review the matter of purchasing their own units. The Mayor stated that she will be voting against the above motion as she is of the opinion that these housing units should be sold. Councillor Vaughan concurred with the suggestion that the anticipated 94% rental increase be 'carried out on a gradual basis. (Councillor Gould re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried with the Mayor and Councillors Davis, Schermerhorn and Vaughan voting "nay". (Councillors Davis, Poley and M. Vincent withdrew from the meeting.) On motion of Councillor Knibb ~ Seconded by Councillor Gould RESOLVED that 'for payment of the following invoices, namely:- D. Hatfield, Ltd. - (Works Dept.) equipment rental - (Water Dept.) equipment rental Gill Equipment Limited- equipment rental - equipment rental Stephen Paving (1982) Ltd. - supply of 'asphalt as recommended by the City Manager; authority be granted September' 1-15, 1983 September 1-15, 1983 June 30-July 29,1983 August 3-30, 1983 September 15-21, 1983 $23,008.70 592.54 6,512.00 5,676.00 $55,780.91 I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the contract for air diffusers and piping at the Thorne Avenue sewerage treatment plant be awarded to the low tenderer, Bourque's Welding Co. Ltd., in the amount of $62,525.33, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I (Deputy Mayor Davis re-entered the meeting.) Mr. Barfoot, replying to a query of Councillor Knibb, advised that failure to replace the subject equipment at the Thorne Avenue plant will lead to further maintenance problems. (Councillor Poley re-entered the meeting.) Question being taken, the motion waS carried. On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding a purchase order for a value of $8,500.00 for asphalt planing work in the 1983 Capital Construction Program, which was placed with. Industrial Cold Milli'.'g Ltd. u~on Council' s !2PJl~();:::!j.~ ~J.;,,~uly 25, 1983, advising that, due to a miscalculatlon, no allowance was lncluded In the 8,000 m flgure eS~lmated to be the amount of surface work involved and that no additional streets or lengths of streets were included in the project and that following ~1q) " completion of the subject work, measurements indicated that a total of 10,648 m of surface had been treated which results in an over expenditure of $2,095.00, and recommending that authority be granted to approve the purchase order -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $18,000.00 for the guarantee of rehabilitation of the gravel pit located at Latimer Lake, which is owned by Grandview Realty Ltd. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the joint report from the City Manager, Acting Commissioner of Engineering and Works, and Traffic Engineer, regarding a petition from several independent small businessmen operating within a block of Charlotte Street at Union Street requesting that one-hour parking meters be replaced with fifteen-minute meters, which was considered by Council at its meeting of September 19, 1983, submitting the following proposals and recommending approval of same:- (1), as the City does not use any fifteen-minute parking meters, the one-hour meters will be replaced with thirty-minute meters; (2) initially, four parking meters on Union Street and two parking meters on Charlotte Street will be converted, for a total of six meters; and (3) staff will monitor the demand for short-term parking in this area and respond to any further requests from businessmen by converting additional meters to thirty minutes as required -- be received and filed and the proposals contained therein be adopted. I Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the request of Mr. J. Downey for renumbering of houses on Spar Cove Road, which was considered by Council at its meeting of September 19, 1983, advising that staff concurs with Mr. Downey's assessment of the matter in that there are several areas on the street which appear to follow no logical numbering sequence and further advising that staff has been instructed to assign new civic numbers to approximately 30 properties on this street -- be received and filed and a copy be forwarded to Mr. Downey for his information. On motion of Councillor Gould 1 Question being taken, the motion was carried. Seconded by Councillor Knibb , RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the amended NEED Program agreement regarding The Royal Visit and Tattoo 200, which was approved by Council at its meeting on June 13, 1983, such amendment to confirm the extension of the completion date from July 29, 1983 to September 23, 1983, to provide for additional activities, and to increase the contributions from $66,248.00 to $88,521.00. Mr. McDermott, replying to a query of Councillor Schermerhorn, advised that the above funds have been expended for the erection of bleacher seats and items of that nature. Question being taken, the motion was carried. ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the application of Hospitality New Brunswick/Tourism New Brunswick for financial assistance in the form of a grant to assist in hosting a buffet breakfast during the "Profit Through Coordination Conference", to be held November 18, 1983 -- be referred to the grants committee. Question,being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that in City Manager and Building Inspector, approval be granted amount of $40,000.00 for the guarantee of rehabilitation which is owned by Chittick's (1972) Ltd. accordance with the recommendation of the for acceptance of a performance bond in the of the gravel pit located on Sand Cove Road, On motion of Councillor Gould 1- Question being taken, the motion was carried. Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the application of the Saint John Firefighters Curling Association for financial assistance with respect to its hosting of the New Brunswick Firefighters Curling Championship to be held in January 1984 -- be referred to the grants committee. Question being taken, the motion was carried. ~ ....lI ~ 117 On motion of Councillor Gould ~ Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding the request of PRUDE Inc. to occupy premises in the City Market building formerly occupied by the Saint John Youth Division, which was considered by Council at its meeting of September 19, 1983, recommending that the subject 1517.18 square feet of space be rented to PRUDE Inc. on a month-to-month basis, effective October 1, 1983, at a monthly rental of $379.49 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, stall C-l, counter B-12, at the City Market building be rented to Mrs. Lina Reynolds on a month-to-month basis at a rental of $120.75 per month, effective October 1, 1983. rental Councillor Vaughan noted that the above rent appears to be low and she suggested that the matter of charges for space in the City Market building should be reviewed. 1 (Councillor Poley re-entered the meeting.) Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for demolition of the building located at 238 City Road, which is owned by the Province of New Brunswick with the City acting as its agent for the said demolition and to be reimbursed for the cost of same, plus $300.00 to cover the City's costs. On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and acceptable to the Province of New Brunswick, the tender of Master Enterprises Ltd., in the amount of $4,225.00, be accepted for the demolition of the building located at 238 City Road. Question being taken, the motion was carried. 'On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the application of the Canadian Association for the Mentally Retarded for financial assistance with respect to its 1983 national conference to be held on October 27 to 30, 1983-- be referred to the grants committee. Question being taken, the motion was carried. 1 Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted, application of Journey's End Development Corporation have been completed and that the required waiting period for objections expired on September 21, 1983 and no written objections have been received. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the application of Journey's End Development Corporation for an amendment to the Municipal Plan and re-zoning of property located on Fairville Boulevard, be referred to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising in this regard, with the public hearing to be held October 24, 1983. ~ Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of the Saint John Construction Association Inc. have been completed and that the required waiting period for objections expired on September 21, 1983, and that a written objection has been received from South City Housing Cooperative Limited. I Consideration was also given to the above~mentioned letter from South City Housing Cooperative Limited objecting to the proposed amendments for the following reasons:- (1) the property is in the middle of a residential, ,and the new heritage, area, which is currently being improved and the proposed re-zoning to a commercial use is not considered to be conducive to the improvement of or enhance the heritage value of the property or adjacent properties and would probably reduce the viability of long-term renovation and restora- tion; (2) a continued institutional use would create additional parking, traffic and noise which is considered unacceptable; '(3) the option of re-zoning raises the possibility of resale by the prospective purchaser to another commercial user with any number of possible commercial or retail uses allowed under the zoning category and (4) the proposed re-zoning is contrary to the Comprehensive Municipal Plan and the South End Plan, and urges Council to reject the above application. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the application of the Saint John Construction Association Inc. for an amendment to the Municipal Plan and re-zoning of property located at 263 Germain Street, be referred to the Planning Advisory Committee for a report and recommendation, and that the neces- sary advertising be authorized, with the public hearing to be held October 24, 1983. Question being taken, the motion was carried. ~ Read a letter from the Common Clerk submitting recommendations from Legal Session meetings of Common Council, held on December 6, 1982 and August 8, 1983, respectively, for Council's consideration. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following recommendations from Legal Session meetings of December 6, 1982 and August 8, 1983, respectively, be adopted, namely:- ~ 119 1. That authority be granted for the Committee of Citizens of the Lord Beaverbrook Rink to proceed with the acceptance of the tender of W. E. Kelly Ltd., in the amount of $103,814.00, for Alternative #1 - Front (Main Street) - Exits 1 and 2, and Rear (Chesley Drive) - Exits 4 and 5 with concrete stairs, with regard to fire extensions to the Lord Beaverbrook Rink, as outlined in the said Committee's letter to Council dated November 26, 1982. ~ 2. That payment be authorized, through the Committee of Citizens of the Lord Beaverbrook Rink, of Change Order #1, in the amount of $6,793.49, to W. E. Kelly Ltd.; and of architects' fees and disbursements, in the amount of $18,715.00, to Mott, Myles & Chatwin. Mr. Rodgers noted that the fire extensions to the Lord Beaverbrook Rink were ordered by the Fire Marshal and that the tender for this work and payment for same occurred concurrently with a matter before the courts with respect to the status of the said Rink on which judgement is anticipated I in the near future. Her Worship the Mayor noted that the Lord Beaverbrook Foundation's contribution of $50,000.00 reduces the above amount accordingly. Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a recommendation from a Legal Session of Common Council, held on September 19, 1983, for Council's consideration. (Councillor M. Vincent re-entered the meeting.) 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that authority be granted for the sale of property located at 21-23 Coburg Street to Dr. Vincent T. W. Shannon for the sum of $10,500.00, on condition that the City retain an option to repurchase the property at the purchased price if construction hs not commenced within six months from the date of transfer of the property: AND FURTHER that authority be granted for the sale of property at 25 Coburg Street to Dorothy Zed for the sum of $60,000.00. Question being taken, the motion was carried. ~ 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 begs leave to report that it sat on September 19, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- ~I 1. That as recommended by the City Manager, Common Council authorize the necessary steps to be taken to reacquire full title to Lot 631, Brooks Ward, being civic address 14-16 Suffolk Street, under the terms of a lease dated July 22, 1930; that the Mayor and Common Clerk be authorized to sign any documents to complete this reacquisition; and that, once the property is in the City's name and if no City department has any use for it, it be added to the list of properties available for sale, and negotiations opened with the adjoining landowner who has applied to purchase it. ' 2. That funds be added to the 1983 operating budget of the Fire Department for the purchase of 156 units of bunker suits, at a cost of approximately $75,000.00. 3. That as recommended by the City Manager, the policy adopted by Common Council resolution on August 8, 1983 regarding the hiring of professional services, be amended by inserting the words "non- local architectural and engineering services" in paragraph (4)(b) thereof, such paragraph to now read that no non-local architectural and engineering services be hired by the City without Council approval. ~ 4. That the recommendations of the City Manager, and substantiated by the Chief of Police, for payment of the attached invoices from Commercial Investigations & Consultants Ltd., as authorized by Common Council in Legal Session on August 15 and September 12, 1983, be considered at the next regular meeting of Common Council, and approved. September 26, 1983 Saint John, N. B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h a i I' man. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Murray I Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Councillor Vaughan noted that she and Councillor Murray, Council's representatives on the Local 771 Labour-Management Committee, discussed this matter at a recent meeting and that the above- proposed purchase of bunker suits will mean that all firefighters in the Department will have standardized equipment. Question being taken, the motion was carried. On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. ~ ,.. '119 On motion of Councillor Gould ~ Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Mr. McDermott, replying to a query of the Mayor, advised that the above invoices are for'the period commencing May 11, 1983 and continuing to August 12, 1983 and, upon being questioned by Councillor A. Vincent with respect to the specific dates of each invoice, he advised that Invoice No. 038 in the amount of $6,111.54 covers services commencing May 11, 1983; Invoice No. 0383 in the amount of $6,716.48 covers services commencing June 11, 1983 to July 10, 1983, and that Invoice No. 0391 in the amount of $7,555.55 covers services between July 11, 1983 and August 12, 1983. 1 Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor A. Vincent noted that the above resolution indicates that Council is approving the payment of the subject invoices, however they have already been paid. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that as recommended, by the Planning Advisory Committee, the sum of $1,464.00 be accepted as money in lieu of land for public purposes with respect to the Daniel W. Horgan Subdivision on Sproule Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the Thomas McBride and McKnight Motors Ltd. subdivision plans with respect to the proposed widening of Ashburn Road. ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the application of Mr. Joseph C. Gabriel, Deputy Commissioner of 'Works, to retire on an actuarially adjusted pension, effective January 1, 1984, in accordance with Section 4(2) of the Pension Act. The Mayor and several Council members extended best wishes to Mr. Gabriel on his retirement and commended him , for his service to the City during his period of employment in various departments. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the retirement of Mr. Francis H. Burton, an employee of the Finance Department, in accordance with Section 9(1) of the Pension Act, Mr. Burton having complied with the provisions of the said subsection by providing medical reports as to his permanent disability. Question being taken, the motion was carried. The ,Mayor stated that item 31 has been withdrawn from the agenda and inquired if a motion is necessary. ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Board of Trustees of the Civic Employees' Pension Plan regarding Mr. Theodore A. Scribner be withdrawn from the agenda. Question being taken, the motion was carried with Councillors Gould, A. Vincent and M. Vincent voting "nay". I On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from Blue Knights, Inc. Motorcycle Club, Chapter N.B. #2 of Saint John, expressing pleasure at having participated in Tattoo 200 and urging Common Council to review the benefits derived from such an event and to continue to enhance the pride in the City of Saint John -- be received and filed and that this Club be thanked for its performance and interest in Tattoo 200. I It was noted that members of the above Club were present in the Council Chamber. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. D. Malcolm Lawson requesting permission to locate a mobile home, which is to be occupied by a caretaker-watchman, on farm property on Hillcrest Road -- be referred to the City Manager for a report and recommendation. ~ Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of McRickett & Company Inc. for dining room and lounge licenses with respect to premises at North Market Wharf, will be held on September 29, 1983 -- be received and filed. .... 120 . , Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. David M. Lunney regarding his inquiry, through the City Manager's Office, with respect to the availability of property on Coburg and Dorchester Streets -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from The Canadian Corps of Commissionaires, (N.B. & P.E.I. Division) Inc., requesting permission to hold the Veterans Remembrance Day Parade at 1100 hours on November 11, 1983, and also requesting that Common Council request authorization for the Royal Canadian Airforce to perform a flyover on that date --be received ad filed and permission be granted to hold the parade and that the request for a flyover be referred to the Mayor for the required action. Question being taken, the motion was carried. Councillor Poley referred to the matter of the problems being experienced by motel operators on Ocean Westway due to Provincial highway signing regulations, as indicated in the copy of a letter to the Provincial Minister of Transportation and forwarded to Council members as an information item, and he suggested that Council should support these motel operators in their position and also that the matter of signing at both the east and west entrances to Saint John should be reviewed. On motion of Councillor Poley ~ I I Seconded by Councillor Knibb RESOLVED that the Mayor, on behalf of Common Council, forward a letter to the Provincial Minister of Transportation supporting the concerns of the motel operators on ~ Ocean Westway with respect to signing and to request that a meeting be held with a representative of the said Department, the concerned motel operators and a member of Common Council in this regard as well as to discuss signing at both the eastern and western entrances to the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Common Council approve the recommendation of the City Manager that, as requested by The Saint John Bicentennial Inc., Tattoo 200 - 1984 be approved for the Barrack Green; that the City of Saint John contribute $50,000.00 for City Night at Tattoo 200; and that the forecasted net cost of operation of $200,000.00 be guaranteed by the City pending finalization of the Provincial contribution, upon the following conditions:- (1) that the Planning Committee of Tattoo 200 be instructed to charge a minimum of $10.00 admission, (2) Tattoo 200 to operate for 6 nights and (3) that the seating capacity be increased from 5,000 to at least 6,000. Discussion ensued during which time the Mayor expressed the opinion that, although it is her wish to see Tattoo 200 - 1984 proceed, the City is unable to afford the proposed cost and she suggested that, in view of 1984 being the Province's bicentennial year, the Province should be approached by Common Council for a substantial contribution in order to make Tattoo 200 a Provincial celebration in 1984. Councillor Schermerhorn noted that the City has not as yet been provided with an up-to-date financial report with respect to whether the City's financial commitment to Tattoo 200 is fulfilled and whether all of the various pledges of support have been received, and he suggested that the Tattoo 200 should be concentrating its efforts on readjusting its financial priorities at this time in order to provide Council with a financial projection for 1983 and 1984, and he expressed the opinion that The Saint John Bicentennial Inc. and Tattoo 200 should be structured separately due to the magnitude and cost of the latter, and questioned whether Tattoo 200 might be held every two years rather than yearly as proposed. Councillor Schermerhorn also suggested that both the Province and outside munici~ palities should be contributing to Tattoo 200. Deputy Mayor Davis suggested that the conditions attached to the City Manager's recommendations should not be part of the above motion as, in his opinion, these are matters for Tattoo 200 to resolve, and he advised that he is unable to support Tattoo 200 if it is to represent a cost of a quarter of a million dollars to the City. Councillor Poley suggested that the above matter be tabled for one week as in his opinion, matters such as obtaining a commitment from the Provincial Government for a substantial increase in its contribution must be addressed prior to Council's guarantee of any debt occurred with respect to this event. It was noted that Mr. John Winchester of the Tattoo 200 Committee was present in the Council Chamber. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that Mr. John Winchester be invited to address Council at this time. Question being taken, the motion was carried. Mr. Winchester advised that the report presented to Council in Committee of the Whole recently by Tattoo 200 was based on 1983 actuals and a straight-line projection for 1984 and that no efforts were made therein to estimate the amount of support which may be forthcoming from sources outside the City, however since that time efforts have been made to determine if, and to what extent, the support given Tattoo 200 could be expected again and a meeting was held with the Province of New Brunswick at which time the request was made that the Province contribute $50,000.00 toward a Provincial night as well as to share on a fifty-fifty basis any and all deficits which Tattoo 200 - 1984 may incur. Mr. Winchester expressed confidence that the deficit of Tattoo 200 can be lowered and that the Committee is willing to do whatever it can to achieve this. A brief discussion ensued during which time Mr. Winchester advised that a draft letter has been prepared requesting assistance from the outlying municipalities and he stressed the importance of a timely decision with respect to Tattoo 200 - 1984 in order that plans can progress. 1 ~ I I ~ ~ ,. 121 Question being taken, the original motion was carried with the Mayor and Councillors Davis, Schermerhorn and Vaughan voting "nay". ~ On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 If},/lhl >1-~;:fd, ......, At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of October, A.D. 1983, at 4:00 o'clock p.m. I present Samuel Davis, Esquire, Deputy Mayor Councillors Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - ~ Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; J. Gabriel, Deputy Commissioner of Works; M. Winch, Deputy Commissioner of Community Planning ; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; R. Adams, Property Management Branch; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend Lloyd Lake, Rector of All Saints Anglican Church, offered the opening prayer. Deputy Mayor Davis extended a message of sympathy on behalf of Common Council to the family of the late Mrs. Elizabeth Wayne, Mayor Wayne's mother-in-law, who passed away on October l, 1983. I Deputy Mayor Davis read two proclamations, one proclaiming October 1983 as UNICEF month in the City of Saint John in recognition of this group's humanitarian contribution to the world's underprivileged children and to direct the attention of Saint John citizens to the voluntary work performed in this community on behalf of this organization, the other proclaiming October 2 to 8, 1983 as Universities Week in the City of Saint John to call attention to the contributions of Canadian universities to the economic, cultural and intellectual life of this country, and in particular to recognize the opportunities for personal growth, cultural enrichment and development of industry and enterprise offered to the citizens of Saint John by the University of New Brunswick. The Deputy Mayor reminded Council that the Cities of New Brunswick Association will meet in Edmundston on October 14 and 15, 1983. On motion of Councillor Gould ~ September 26, 1983, be adopted. Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. On motion of Councillor Gonld I Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne regarding the possibility that the New Brunswick District Office of Public Works Canada, which is located in Saint John, may move to Moncton, N.B., such office having been in Saint John since Confederation and consisting of 100 personnel, and recommending that a letter be forwarded to The Honourable Romeo LeBlanc, Federal Minister of Public Works, strongly opposing any further move of employees of the existing Public Works Department from Saint John to Moncton -- be received and filed and the recommendation adopted. Councillor Knibb noted that the Saint John Board of Trade has submitted a letter to Council in this regard and suggested that it be considered at this time. A brief discussion ensued regarding the joint efforts of various Saint John groups, including Common Council, which assisted in the continuation of the National Film Board of Canada's film library in Saint John. .1 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Board of Trade regarding the recent personnel transfers to Moncton from the Saint John Office of Public Works Canada, expressing concern that further reduction of this Department in Saint John may occur and submitting a copy of a letter which was forwarded to The Honourable Romeo LeBlanc, Federal Minister of Public Works, which seeks information on recent changes and on long-range plans for the Saint John Office -- be received and filed. ~ Question being taken, the motion was carried. ... J122 ., On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Councillor Schermerhorn regarding ~ parking immediately adjacent to the City Hall building on Prince William Street, requesting that, in view of insufficient parking provided in this area and the consequential fining of citizens who stop therein for a short period to pay water rates or traffic fines etc., the Parking Meter By-Law be amended to include a maximum of 30 minutes parking on the west side of Prince William Street, and noting that, if action is taken in this regard at this time, it will permit the installation of the parking meters before the commencement of the winter months -- be referred to the City Manager for preparation of the necessary By-Law amendment for Council's consideration. Councillor Knibb noted that the completion of the refurbishing of the properties at 5-7 and 9-13 Prince William Street may also have an impact on the parking in this area and he requested the City Manager to consider this when reviewing the above matter. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt September 22-28, 1983 $60,814.07 I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- ~ 1. Market Square Development - City Centre Improvements Contract CCI #8 - City Hall Plaza Que-Mar Construction (Maritimes) Ltd. Construction of streets and landscaping Current budget allotment Total work done, Estimate Number 10 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 10, dated September 29, 1983 Final release of holdback $535,204.95 549,494.57 Nil 547,351.13 $ 2,143.44 Mr. Armstrong, replying to a query of Councillor Knibb, explained that there was a total of approximately thirty extras involved in the above contract relating mainly to extensions of the contact area to include sections of Prince William and Water Streets which were not in the original limits of the subject contract and because there was no contingency allowance called in the contract and because it was contracted on a lump-sum basis, there were no unit prices with which to work and every change made therein resulted in an extra. 1 Question being taken, the motion was carried. (Councillor A. Vincent entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, a purchase order be placed with Canron Inc. at its quoted price of $14,467.25, all taxes extra, for the supply of the necessary closure pieces for the installation of a 36" watermain on Rothesay Avenue. ~ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authorization be given to use surplus monies in the 1983 Water and Sewerage Budget to permit the purchase of the necessary sludge hauling equipment for the Millidgeville Wastewater Treatment Plant with tenders to be called immediately for the procurement of this equipment. I Mr. Armstrong, replying to a query of Councillor Poley, explained that the above equipment is needed earlier than expected due to the progress made in the construction of the plant and that it would pose a problem should this equipment not be available when the plant commences operation, which is anticipated to be on November 1, 1983, and he advised that efforts to obtain cost-sharing with the Provincial Governments for this equipment were unsuccessful. Councillor Schermerhorn suggested that this matter be tabled and a comparison be made between other methods of sludge disposal. Councillor Knibb questioned if consideration has been given to marketing this commodity as fertilizer to which Mr. Armstrong expressed the understanding that, although consideration may be given to the future use of this material in the preparation of topsoil for the City's use, at the present time this material cannot be marketed in Canada for health reasons, and he noted that staff has been reviewing the various methods of sludge hauling and wishes to ensure that a liquid-tight unit is obtained as this material will have to be hauled through the City. Mr. Armstrong~ in response to a query of Councillor M. Vincent, advised that serious operational difficulties would result if the sludge is not removed from the plant and that it is mandatory that it be removed. I On motion of Councillor Schermerhorn ~ Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table pending a report at Council's next meeting. Question being taken, the tabling motion was carried with the Deputy Mayor and Councillors Gould, A. Vincent and M. Vincent voting "nay". ...Ii ~ 1?3 On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for chain link fencing for Shamrock Park and Allison Grounds sports fields be awarded to the low tenderer, Eastern Fence Limited of Moncton, N.B., in the amount of $19,428.51, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Gould RESOLVED that 'the letter from the City Manager regarding the request of Mr. D. M. Lawson to place a mobile home on property on Hillcrest Road, which was considered by Council on September 26, 1983, recommending that, in view of the circumstances and the location of this mobile home, Council approve this request -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the proposed re-zoning of property on the westerly side of Eldersley Avenue as requested by Mr. Roger Dempsey (1st and 2nd readings of which were given the Zoning By-Law at Council's meeting of September 26, 1983), submitting a copy of a report from the Deputy Commissioner of Community Planning and Development concerning possible conditions that Council might adopt pursuant to a resolution under Section 39 of the Community Planning Act, and recommending that.the following conditions be made applicable to the subject re-zoning:- (1) limiting operations to the I repalr of motorcycles and snowmobiles; (2) limiting business to the existing garage, i.e. no building enlargement could ~ccur without Council's approval; (3) no outside storage of wrecked cycles, snowmobiles or parts, and (4) malntenance of the property in a neat and tidy condition at all times -- be received and filed. ~ It was noted that the re-zoning of the above property is to be considered later in this meeting. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the application of Unit 230, District 1, Canadian Atlantic Regional Bridge Tournament, for financial assistance in the form of a buffet or dinner in the amount of $2,000.00 during the said tournament, to be held at the Trade & Convention Centre on June 28 to July 3, 1984 -- be referred to the grants committee. I Question being taken, the motion was carried. Read a letter from the City Manager submitting copies of correspondence from the Legal Department and Teed, Teed & McPhee, solicitors for Garson Holdings Limited, the said solicitors requesting that the submitted consent to the assignment of the two leases of Courtenay Place be executed and returned as soon as possible. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common Council consent to the assignment of the two leases of Courtenay Place to Garson Holdings Limited, and that the Mayor and Common Clerk be authorized to execute the necessary documents in this regard. ~ Mr. Rodgers, replying to a query of Councillor M. Vincent, explained that the City, as the landlord in the above leasing arrangement, is being requested by the solicitors for the tenant concerned to permit the tenant to assign the two leases and that, although it is considered unnecessary for this consent to be obtained, the solicitors request that this be done as an additional step to satisfy themselves. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor, Gould RESOLVED that the letter from the City Manager regarding the offer of Mr. Martin D. Fineberg, solicitor for Marquis Investments Ltd., to sell property at 53 Carleton Street, which was considered by Council at its meeting of September 12, 1983, recommending that Mr. Fineberg be advised that the City has no interest in acquiring this property at the present time -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould J Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that agreement has been reached regarding the acquisition of 'the final parcel of land required for the construction of the Church Avenue Overpass, such agreement proposing that 38,880 square feet 'o~ land near the corner of Dever Road and Church Avenue, which is owned by Irving Oil Ltd., ,be exchanged for a City~owned, vacant parcel of land located on the corner of Mount Pleasant Avenue and Arrow Walk Road which contains approximately 1.75 acres, plus $25,000.00, such properties indicated on the submitted plans, and recommending that the land on Dever Road owned by Irving Oil Ltd. be exchanged for a parcel of City-owned land located on the corner of Mount Pleasant Avenue and Arrow Walk Road, together with a sum of $25,000.00 -- be received and filed and the recommendation adopted. ~ Councillor M. ,Vincent concurred with Councillor Poley that the proposed price appears to be quite considerable, however he expressed agreement with the proposed land exchange. Councillor Gould questioned if the subject land being exchanged is owned by the City or the Horticultural Association and, if it is owned by the latter, does the City have an agreement to release same. Mr. McDermott advised that the L.R.I.S. drawing shows the subject property to be owned by the City of Saint John. Councillor' A. Vincent expressed the understanding that the City does not own the subject property and he suggested that this matter be tabled pending information on the ownership of same. ~ 124 " On motion of, Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week pending a report regarding the ownership of the subject property. Councillor A. Vincent suggested that an agreement with the Horticultural Association with respect to the purchase of the subject property will suffice. Question being taken, the tabling motion was carried with Councillors Schermerhorn and M. Vincent voting "nay". Mr. McDermott, replying to a query of Councillor M. Vincent, advised that tabling the above matter will not interfere with the agreement for the proposed property acquisition. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as as submitted by A. Simpson Construction, in the amount buildings located at 165-167 Main Street. recommended by the City Manager, the low tender, of $2,950.00, be accepted for the demolition of Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. , The by-law entitled "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law To Amend the Zoning By-Law Of The City Of Saint John And Amendments Thereto", insofar as it concerns re-zoning a parcel of land located on the westerly side of Eldersley Avenue, approximately 2,100 feet north of Latimer Lake Road (L.R.I.S. Number 335950), which has a frontage of 75 feet and a depth of 200 feet, from "RS-lM" One- and Two-Family and Mobile Home Suburban 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 on the condition that the use of the property be limited to the repair of motorcycles and snowmobiles; that business be limited to the existing garage, i.e. no building enlargement to occur without Council's approval; that no wrecked cycles, snowmobiles or parts be stored outside, and that the property be maintained at all times in a neat and tidy condition. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto", insofar as it concerns re-zoning an approximate 200' x 400' (2 acres~) parcel of land on the east side of Millidge Avenue, about 250 feet north of University Avenue, from "R-lA" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the by-law entitled "A By-Law Respecting The Prevention Of Excessive Noises In The City Of Saint John" be read a second time. Councillor Schermerhorn noted that the above-proposed By-Law does not include provlslon for such noises as those caused by trailer truck compressors running late at night in residential areas to which Chief Ross expressed the same concern, however Chief Ross confirmed that he is comfortable for the time being with the subject By-Law. Councillor M. Vincent referred to page 2, section (k) of this By-Law, which concerns fireworks and other explosive devices, and suggested that the Chief of Police, if he has not already done so, should review this section to determine if it impinges on any regulations contained in Provincial or Federal statutes. Chief Ross, replying to a query of Councillor Poley, confirmed that this By-Law will improve the situation insofar as the problems which gave rise to the proposed enactment of such a by-law are concerned and he noted that the City of Fredericton recently enacted a Noise By-Law. Councillor Schermerhorn requested that staff prepare the necessary documentation to repeal the Nickelodeon By-law which was enacted by Council in 1941 and subsequently amended in 1954 as the above-proposed By-Law eliminates its need. Question being taken, the moti~n was carried. ~ 1 I ~ I ~ I Ie ~ Jol ,..- _~5 Read a second time the by-law entitled "A By-Law Respecting The Prevention Of Excessive Noises In The City of Saint John". ~ On motion of Councillor Gould Seconded by Councillor Poley RESOLVED that the by-law entitled "A By-Law Respecting The Prevention Of Excessive Noises In The City Of Saint John" be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Gould withdrew from the meeting.) 1 Question being taken, the motion was carried. The by-law entitled "A By-Law Respecting The Prevention Of Excessive Noises In The City of Saint John" was read in its entirety prior to adoption of the above resolution. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John I The Committee of the Whole reports Your Committee begs leave to report that it sat on September 29,1983 when there were present Mayor Wayne and CoUncillors Davis, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- ~ 1. That in conjunction with the City's policy for engaging professional services and in view of current fiscal restraint, the terms of reference pertaini~g to the duties and responsibilities of the City Manager be amended to provide that the authority to approve all purchases where provision for same is contained in the budget be reduced from the present $7,500.00 to $5,000.00. , 2. That as recommended by the Nominating Committee, Mr. George Stears, a member of the Recreation and Parks Advisory Board, be appointed to the committee to review the City's present grant structure; AND FURTHER that Mrs. Marion Elliot be appointed to the Board of Commissioners of the Saint John Free Public Library for a term of three years from January 1, 1984, replacing Dr. E. R. Davis. 3. That the request of the Saint John Ten Penny Touch Football League for financial assistance regarding its participation in the national tournament in Ottawa, Ontario on October 28th to 30th, 1983, be denied as it does not qualify under the City's present grant policy. 1 4. That with regard to the request of the Sea Belles of Harmony, Inc. for financial assistance in the presentation of a bid to host an international convention in Saint John in 1986, the said group be advised that the requested financial assistance will be provided by the City, through funding by an individual Council member. ' 5. That as recommended by the City Manager and Chief of Police, Common Council approve payment of the attached invoice from Commercial Investigations & Consultants Ltd., in the amount of $4,676.78 covering services for the period of August i5th to September 15th, 1983. 6. That as recommended by the City Manager, Council authorize the addition of one Waste Water Treatment Plant Operator and three Plant "Maintenance men, to the establishment of the Water and Sewerage division of the Engineering and Works Department. 7. That as recommended by the City Manager, the salary of Mr. Murray McCavour, Manager of the Port Development Commission, be increased from $38,456.60 per year to $42,500.00 per year, effective January 1st, 1983. ~ 8. That as recommended by the City Manager, notice be given to Crane Canada Ltd. of the City's intent to vacate premises on Rothesay Avenue on October 31, 1983, and that Council approve the revised rental for the said premises of $1,500.00 per month from July 1, 1983 to October 31, 1983. 9. That the City of Saint John sell to the Carleton Kirk United Church' a strip of land 25 feet by 117.15 feet more or less, consisting of a 15-foot-wide reserve common passage from Duke Street together with an additional 10 feet from the City, as shown on the submitted sketch, for the sum of $1.00 with the following restrictions: (l) that the land be subject to the original l5-foot right-of-way, and (2) that the City will not be responsible to upgrade or construct a roadway from Duke Street to Parcel B over the 25-foot right-of- way that would still exist along the system sideline of Parcel A. 1 10. That as recommended by the City Manager, Mrs. Janice Hare and Mr. R. M. Winters be advised that a portion of a City right-of-way leading from Mountain Road between their two properties, is not for sale at the present time. 3 October, 1983 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h a i I' man. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Councillor M. Vincent expressed opposition to the above-proposed resolution as, in hi-s opinion, the reduction is insignificant and further the increase to $7,500.00 was ,initially approved to allow the City Manager to perform the function expected of him by Council, however he concurred with the suggestion that a list of expenditures other than those presented to Council for formal approval be made 'available to Council on a regular basis in order to apprise Council of such matters. ~ (Councillor Gould re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". ... 1,,6 " On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. ~ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillors Vaughan and M. Vincent voting I "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. ~ Mr. Barfoot, replying to Council queries, explained that approval of the above-proposed increase in the establishment will allow the subject positions to be posted and subsequently filled. Councillor Gould advised that, if it is the intent to increase the establishment and not to redirect current City employees to the subject positions, he will vote against the above motion. Mr. Barfoot noted that the purpose of the proposed increase is to accommodate the operation of a new project which, in his opinion, cannot be carried out with the existing number of staff in the Water and Sewerage Department. Councillor M. Vincent questioned if any change is 'required to the working agreement with Local 18, C.U.P.E., in conjunction with the above motion to which Mr. Barfoot replied in the negative. Question being taken, the motion was carried with Councillors Flewwelling and Gould voting Hnay" . On motion of Councillor Schermerhorn 1 Seconded by Councillor Poley RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried with the Deputy Mayor and Councillor Gould voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. ~ On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that section 10 of the above report be adopted. I Councillor Vaughan expressed the understanding that, based on the discussion of the above matter in Committee of the Whole, a report from the Planning Branch was forthcoming respecting the proposed use of the subject property and she suggested that this matter be tabled pending receipt of same. Mr. Winch explained that consideration has been given to a secondary access to Forest Hills, that being from McAllister Drive through the subject property to Mountain Road, and it was recommended through the Property Management Branch that this option be kept open at this time. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". I During further discussion of the above matter, Mr. Winch, at the request of Councillor M. Vincent, agreed to provide an up-to-date report regarding the matter of secondary routes to Forest Hills as referred to by Mr. Winch in the above discussion. On motion of Councillor Gould Seconded by Councillor Knibb _ RESOLVED that as recommended by the Planning Advisory Committee, ~ Common Council authorize the preparation of a development agreement between the City and Scottish Enterprises Ltd. relating to the first phase of a townhousing project on the east side of Lime Kiln Road, whereby the Developer would, among other things, do the following:- (a) construct the project generally in accordance with plans which have been submitted; (b) construct the curbed road surfaces and provide a drainage system in accordance with specifications of the Commissioner of Engineering and Works; (c) construct fencing around the play areas adjacent to Somerset Street and Lime Kiln .J ,..- 127 Road, and fencing and/or screening to the rear of the units backing onto Lime Kiln Road; (d) grant necessary easements to the utility companies; (e) provide and maintain a secondary roadway from the development southerly to Derby Street and then to Lime Kiln Road until subsequent phases of the project are approved; (f) construct a water pumping station adequate tO,service the proposed project, to the satisfaction of the Commissioner of Engineering and Works; (g) agree that the sale of any of the townhouse units will proceed by way of management agreement(s) as proposed by Scottish Enterprises Ltd. and that subsequent owners are to be informed that the roadway system is private and the total responsibility of the owners; and (h) agree that the sale of any of th~ units will not proceed until the land for public purposes requirement has been satisfied. . I Discussion ensued during which time the matter of water pressure problems in the above area was discussed and Mr. Winch confirmed that there is equipment at the site of the proposed project and there appears to be either blasting or some other type of rock or soil movements on this site within the past week or two. Question being taken, the motion was carried . On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Transit Commission advising that it appears that the Commission will overspend its 1983 operating budget by approximately $100,000.00 and that it is looking at all avenues to lower that figure as much as possible, and further advising that funds made available to operate the Martinon route during 1983, in the 'amount of $36,000.00, will be depleted by mid-October, however it is the Commission's intentions to continue operating this route unless it is otherwise advised by Common Council -- be referred to the City Manager for a report and recom- mendation. Councillor Schermerhorn suggested that Council should meet with members of the Transit Commission in Committee of the Whole to review the above matter whereupon the'Deputy Mayor suggested that the City Manager arrange such a meeting, however Councillor Flewwelling expressed the opinion that, following the City Manager's report on the above matter, a meeting could be held with the Transit Commission if Council considers it necessary at that time. ~ Question being taken, the motion was carried. Deputy Mayor Davis referred to correspondence regarding Perspective '84 (copies of which were forwarded to Council members as an information item), this being the major tourism conference being planned for New Brunswick in November 1983 and for which Saint John is the successful bidder to host same, and he suggested that this matter should be considered at this time. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above matter ,be added to the agenda and considered at this time. I Question being taken, the motion was carried. Ms. Huntington-LeBlanc, replying to queries of Councillor Poley, expressed the understanding,that attendance at the above conference will range between 400 and 500 persons primarily from New Brunswick, the duration of such conference to be two and a half days, and she noted that this conference is co-sponsored by Tourism New Brunswick and Hospitality New Brunswick. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the 'Saint John Construction Association Inc. reaffirming its policy with regard,to preference given to contractors and suppiiers'of services in the construction industry, as well as its support to the principles set out in the submitted copy of a statement to the New Brunswick Legislature on a Maritime Purchasing Policy, such Policy having been adopted by the Council of Maritime Premiers, and stating that it is prepared to met with the Mayor and Common Council at their request, if they so wish to discuss this matter -- be received and filed and the said Association be invited to discuss this matter with Council at its next meeting in Committee of the Whole. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the Board of School Trustees, School District Number 20, requesting, on behalf of a group of parents residing in Churchill Heights, that the City make every effort to provide early clearance of snow from the sidewalks between Churchill Heights and Island View,School -- be referred to the City Manager for a report to Council. Councillor M. Vincent suggested that the above letter should be received and filed and staff requested to take whatever action it can to have the snow removed as soon as possible rather than burden staff with the requirement to submit a report on this matter. Question being taken, the motion was carried with Councillors Poley and M. Vincent voting "nay". On motion of Councillor Schermerhorn ~ Seconded by Councillor Knibb RESOLVED that the letter from Housing Alternatives Inc. requesting that the Zoning By-Law be amended to permit the construction of storage sheds in Highmeadow Park as indicated on the submitted plan -- be referred to staff and the Planning ,Advisory ,Committee for a report to Council. Question being taken, the motion was carried. ~ 128 ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Canada Permanent Trust Company requesting the City to consider purchasing property at 317-319 Princess Street for parking purposes -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. Read a letter from Mr. Edward S. Craig regarding a flooding problem on, his property at 367 Kingsville Road. Councillor Schermerhorn proposed a motion that the above matter be referred to the City Manager for a report and recommendation, however Deputy Mayor Davis expressed the understanding that this problem has been resolved. Mr. Armstrong advised that, upon investigating this matter earlier this date, it was found that there was a piece of timber blocking the sewerline at the front of the house which appeared to be causing the flooding problem and he noted that staff will monitor the situation to ensure that the problem has been resolved. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from Mr. Edward S. Craig of 367 Kingsville Road advising that his basement floods after heavy rain storms and requesting that this problem be corrected -~ be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould ~ 1 1 Seconded by Councillor Schermerhorn RESOLVED that the letter from D. C. Rinehart of 127 Mount Pleasant Avenue advising that he has experienced flooding in his backyard subsequent to the City's _ paving of Topeka Street and requesting that the problem be corrected -- be referred to the City Manager ~ for a report at the next meeting of Council. Question being taken, the motion was carried. Read a letter from Mr. Robert H. Wisted requesting permission to maintain a directional sign on Golden Grove Road, such sign referring to the location of the Glenview Quik Mart and considered necesssary to increase its business due to the fact that it is located out of the main stream of traffic. The letter advises that permission was given by the owner of the property for the location of the sign, the sign was made and placed by a professional signmaker and located according to directions and distance set out by the City. Councillor Schermerhorn noted the presence of Mr. Wisted in the Council Chamber and suggested that he be invited to address Council regarding the above matter. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that Mr. Robert Wisted be invited to address Council at this time. Question being taken, the motion was carried. Mr. Robert Wisted 01'10 Glenview Avenue, owner of Glenview Quik Mart, addressed Council, and he advised that he was under the impression, as a result of discussions with City staff with respect to distance and placement requirements, permission from the property owner, etc., that he had followed the necessary procedure in the placement of the subject directional sign, however it now appears that a building permit, which was not obtained, was required. Mr. Wisted noted that a recent letter from Mr. Winch informed him that the building permit application to erect a directional sign was referred to the Planning Branch for review and that the subject sign is not permitted, as well as to a letter from the Deputy Building Inspector which allowed him four days to remove the subject sign subsequent to which he requested the Deputy Building Inspector to delay action pending the result of his letter to Council. During ensuing discussion, a motion was proposed that authority be granted for the subject sign to remain in its present location, however Mr. Winch noted that this 'sign, being a third-party sign meaning that it is advertising or referring to a use not on the property on which it is placed, is not permitted under the Zoning By-Law, whereupon the Deputy Mayor, after questioning the propriety of the proposed motion, called for another motion on this matter. Councillor A. Vincent suggested that the Legal Department prepare a proper resolution on this matter for Council's consideration at its next meeting, which was seconded by Councillor Vaughan, however this was withdrawn following the suggestion that this matter should be referred to the Planning staff. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the Planning staff for a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorp Seconded by Councillor Gould RESOLVED that the letters from Miss Shirley R. Saunders and J. V. Saunders requesting that Common Council rescind the Planning Advisory Committee's decision to permit the operation of a dog grooming establishment at 1795 Red Head Road -- be received and filed. Councillor Gould questioned if Council is able to rescind a recommendation of the Planning Advisory Committee to which Mr. Rodgers expressed the oplnlon that, as the Planning Advisory Committee has made a decision which it is authorized to make, a Council resolution at this time would not rescind same. I ~ I I ~ ~ ,..- 129 Question being taken, the motion was carried. ~ cqggcillor M. Vincent referred to a copy of a letter from the City Manager to the Mayor regarding an article in the October 1, 1983 issue of the Financial Post magazine (copies of which were forwarded to Council members as an information item), and he suggested that this be added to the agenda at this time. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above letter be added to the agenda and considered at this time. I Question being taken, the motion was carried. Councillor M. Vincent suggested that, as the above-mentioned article refers to the City of Saint John and the Market Square project, the public should be made aware of such publicity. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the above letter be received and filed. I Question being taken, the motion was carried. Councillor A. Vincent referred to a letter from the International Brotherhood ,of Electrical Workers (copies of which were forwarded to Council members as an information item) and suggested that this be added to the agenda at this time. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above letter be added to the agenda and received ~ and filed. Deputy Mayor Davis noted that the above group points out in its letter that it inadvertently referred to the Rockwood Court housing units in its previous letter to the Mayor, and Councillor A. Vincent noted that it indicates that it also referred to the Housing Commission rather than the Housing Authority. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by, Councillor Schermerhorn RESOLVED that this meeting be adjourned. I Question being taken, the motion was carried. VA,,! f,f rzlz'<rd Common Cler At a meeting of Common Council, held at the City Hall in the City of Saint John, on Tuesday, the eleventh day of October, A.D. 1983, at 7:00 o'clock p.m. ~ present Samuel Davis, Deputy Mayor, Esquire Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Winch, Deputy Commissioner of Community Planning, ; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; M. Hanlon, Purchasing Agent; R. Adams, Property Management Branch; J. McIntyre, Personnel Officer; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. I The meeting opened with prayers offered by Reverend Ramon Hunston of Calvary Temple, and Reverend Father Edward Walsh, the recently-appointed Chaplain of the Saint John Police Department. Deputy Mayor Davis presented Father Walsh with his Chaplain's Badge in recognition of his acceptance of this position. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on October 3, 1983, be adopted. ~ Councillor A. Vincent referred to a letter from Councillor Schermerhorn regarding parking on Prince William Street (Chipman Hill), which was considered at the above meeting, and he Questioned the legality of referring to'Chipman Hill, rather than Prince William Street, in property transactions. Mr. Rodgers expressed the opinion that the property descriptions which indicate the actual location of the property being purchased or sold would constitute a proper conveyance and the civic number should not affect the legality of same. Question being taken, the motion was carried. .... 130 .., Deputy Mayor Davis referred to a letter received by Mayor Wayne from the Director of Public Relations and Fund Raising of Providence Villa and Hospital in Scarborough, Ontario, in which he conveys his appreciation to Constables K. Gallivan and Joseph Parks of the 'Saint John Police Department for the manner in which they assisted him in finding accommodations during a visit to Saint John in August 1983. Councillor Flewwelling suggested that a copy of this letter should be forwarded to the Chief of Police. ~ The Deputy Mayor proclaimed October 9 to 15, 1983 as Fire Prevention Week in the City of Saint John. Public presentation was made of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating a parcel of land containing 15,000 square feet with a frontage of 100 feet on the southeastern side of Grandview Avenue, ,approximately 1,200 feet west of McLaughlin Road, the said parcel being located at 1444 Grandview Avenue (L.R.I.S. Number 340661), from Low Density Residential to Light Industrial classification, to allow re-zoning of the parcel to "1-1" Light Industrial to permit its continued use as a body shop by Ray's Auto Body Repairs, as requested by Mr. Raymond Defazio. I Public presentation was made of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating three properties located at 175 Metcalf Street, 159 Metcalf Street and 42 Durham Street (L.R.I.S. Numbers 378976, 374876 and 374868), such properties having 30 feet frontage on Adelaide Street, 131 feet on Metcalf Street and 60 feet on Durham Street, from Medium Density Residential and High Density Residential to Light Industrial classification, to permit re-zoning of the properties which will enable the existing muffler shop to expand, as requested by Mr. Bill Alberts. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne referring to the Provincial appointment of a Provincial-Municipal Committee on the Administration of Justice in 1978, the report of which contained recommendations for changes in the area of the delivery of justice services and the sharing of costs, as well as a recommendation that 75% of fines received from municipal police forces' activities should be returned to the municipality as a direct grant for ~ police services; stating that, although the above-mentioned recommendation was supported by the municipalities in the Province, as well as the Cities of New Brunswick Association, to date the Province has not implemented the recommendation and is still retaining 100% of fines collected for motor vehicle violations, and recommending that this matter be referred for consideration at the next meeting of the Cities of New Brunswick Association to be held in Edmundston on October 15, 1983 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne referring to the I recent retirement of Mr. Malcolm Scott, who was in charge of the City greenery, expressing the opinion that the City's tree and lawn maintenance program should be reviewed and the matter of Mr. Scott's replacement discussed, and recommending that this matter be referred to the City Manager for investiga~c tion and, submission of a report and recommendation for Council's consideration prior to approval of the 1984 establishment -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the Atlantic Provinces Numismatic Association requesting Council's support of its endeavour to have a silver dollar struck to commemorate the Saint John Bicentennial, and recommending that a request be made for the Royal Canadian Mint to have a silver dollar struck in commemoration of the ~ Saint John Bicentennial be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from Councillor Flewwelling regarding the construction which is underway on the podium level of the City Hall building, between the pedways connecting Brunswick and Market Squares to the said building, which he understands is part of an agreement between the City and Revenue Properties, the owner of City Hall; noting that the City Hall building agreement with Revenue Properties requires the City to buy the building in 25 years, which would be in 1996, and questioning if this new construction agreement authorizes the City to take over the additions that are now being constructed when takeover of the main building occurs in 1996. I Mr. McDermott advised that the City has an option to purchase the City Hall building in 1996 and that any changes in the building would be the property of the owner which is Revenue Properties and he offered to provide Council with a further report at Council's next meeting. Councillor Flewwelling questioned whether the subject construction will result in a reduction of the City's monthly lease payments to which the City Manager replied in the affirmative and explained that the City was paying rent for approximately 17,000 square feet on the second floor of the subject building and that it is now paying only for the right-of-way between the two pedways. In response to a query of Councillor Knibb, Mr. McDermott confirmed that the construction on the podium level is being carried out by the City at an expense of approximately $500,000.00, and that the anticipated date for completion of the subject construction is the end of November. Mr. McDermott noted that the City has a complete drawing of the plans for the podium level of the building which he will present to Council at its next meeting. I On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that item 31 of the September 26, 1983 Common Council agenda namely, a letter from the Board of Trustees of the Civic Employees' Pension Plan regarding the retirement of Theodore A. Scribner, be added to the agenda. ~ Question being taken, the motion was carried with Councillors Knibb and Vaughan voting "nay". .... ,..- 131 On motion of Councillor A. Vincent ~ Seconded by Councillor Murray RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the retirement of Mr. Theodore A. Scribner, an employee of the Engineering and Works Department, in accordance with Section 9(1) 'of the Pension Act, Mr. Scribner having complied with the provisions of the said subsection by providing medical reports as to his permanent disability. I Councillor Knibb, speaking in opposition to the above resolution, stated that he does not think that it is advisable for Council to be discussing publicly a matter of a member of City staff about whom Council wishes to ask some questions before the matter of his pension is considered. Councillor Knibb added that the recommendation of the Pension Board is'based entirely on medical evidence and refers in no way to any actions of Mr. Scribner about which Council may wish to have some discussion. Councillor Vaughan concurred with Councillor Knibb and stated that the reason she ,is voting against the motion is based on information given to Council by the City Manager. Question being taken, the motion was carried with Deputy Mayor Davis and Councillors Flewwelling, Knibb and Vaughan voting "nay". On motion of Councillor Schermerhorn 1 for payment of the Grove Construction D. Hatfield, Ltd. . Seconded by Councillor Knibb RESOLVED that as recommended by following invoices, namely:- Ltd. - supply of gravel - equipment rental (Water ,& Sewerage) - equipment rental (WorkS) Stephen Paving (1982) Ltd. - supply of asphalt - supply of asphalt the City Manager, authority be granted September 16-30, 1983 September 29 & 30, 1983 October 3-5, 1983 $ 7,132.86 3,490.80 24,502.91 21,423.74 $33,647.65 August 31-September 15,1983 September 16-30, 1983 ~ Mr. Barfoot, at the request of Councillor Flewwelling, agreed to provide a report to Council with respect to the number of floats the City owns. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for Downsview Drive, Riverhill Drive storm sewer construction be awarded to the low tenderer, Que-Mar Construction (Maritimes) Ltd., in the amount of $40,931.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn' RESOLVED that as recommended by the City Manager, the contract for the construction of a baseball and soccer field at Champlain Heights School be awarded to the low tenderer, Spectrum Enterprises Limited of Saint John, in the amount 01'$102,100.00, and that the Mayorsnd Common Clerk be authorized to execute the necessary contract documents. ~ Mr. Brownell, replying to a query of Councillor M. Vincent, advised that the above contract, if approved, will commence immediately and it includes the fencing and grading of both the little league and soccer fields, as well as the sodding of the latter field, and that the fields will be ready for use in 1984. Mr. Brownell added that 50% of the above cost is recoverable through the School Park Agreement with the Provincial Department of Education. Councillor Knibb questioned why the same action was not taken with the above matter as was with the ,Island View Heights School soccer field which is to be a practice field for the 1985 Canada Summer Games, and as such is cost-shared'e~ually with the other two levels of government. Mr. Brownell explained that the above field is part of a long-term plan of the Recreation and Parks Department to upgrade fields in ,various areas of the City. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of firefighting clothing be awarded in accordance with the recommendation contained in the submitted bid summary, Mr. McDermott, in reply to a query of Councillor Knibb, confirmed that the above tender is resultant from Council's ,recent approval of the purchase of 156 bunker suits at an approximate cost of $75,000.00, and that the above tender award will represent a cost of approximately $66,000.00. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the contract for the supply of lighting fixtures, ballasts, lamps and mounting hardware for 'the Allison Grounds sportsfield be awarded to the low tenderer, Hoppers Electrical Limited of Saint John, in the amount of $16,714.50. ~ Councillor Poley questioned if the installation of the above lighting is included in the tendered amount to which Mr. Brownell replied that the installation of same will be the subject of a separate tender and he confirmed that City staff is unable to perform the installation work. Councillor A.Vincent suggested that alternate tenders could have been called, one for the supply and the other for the supply and installation of the subject lighting, the latter requiring that the,supplier be named in the tender submission. Mr. Brownell explained that there 'are many combinations of lights and fixtures to achieve the desired illumination and that it appears to be more feasible to allow contractors to propose a plan and price for same'rather than tender both supply and installation together as the latter can result in the same illumination with a more costly unit than required to meet the standards. ll.. ~~~ " Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- ~ 1. Morna Heights Sanitary Sewer Fairvale Construction Limited Supply and install approximately 2800' of 8" sanitary sewer main and 4" laterals, plus all appurtenances Current budget allotment Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated October 6, 1983 Final holdback release $ 139,507.08 I 139,507.08 Nil 135,321.87 4,185.21 2. City Road Sewer Que-Mar Construction (Maritimes) Ltd. Current budget allotment Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated September 30, 1983 Final holdback release 87,610.27 88,293.15 Nil 86,610.27 1,682.88 1 3. North South Arterial Johnson Construction Limited Construction of road and services Current budget allotment Total work done, Estimate Number 17 Retention Payments previously approved Sum recommended for payment, Progress Estimate number 17, dated October 7, 1983 5,392.35 1,726,216.67 1,726,216.67 Nil 1,720,824.32 ~ Note: Pursuant to Court Order, payment to be made to Minister of Finance. 4. Millidgeville Wastewater Treatment Plant Johnson Construction Limited Preliminary site works Current budget allotment Total work done, Estimate Number 9 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 9, dated October 7, 1983 1 1,06'7,773.08 1,067,773.08 36,018.28 999,035.12 $ 32,719.68 Note: Pursuant to Court Order, payment to be made to the Minister of Finance. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute an agreement with the Department of Continuing Education - relative to the operation of the Firefighters' Training and Certification Academy at Millidgeville for ~ the year 1983. Chief Clark, replying to a query of Councillor Gould, advised that the only change in the above agreement from that executed previously is an update of salaries. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn I RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute an agreement with the Government of Canada, represented by the Minister of Transport, with regard to the design and construction of certain modifications to the Air Terminal Building at the Saint John Airport, subject to confirmation by the City Solicitor as to legality and form. Mr. McDermott, replying to a query of Councillor Knibb, noted that adoption of the above resolution will formalize what was agreed to by Council in its resolution of May 2, 1983 with respect I to cost-sharing on a fifty-fifty basis of $180,000.00 with respect to the cost of consultative services _ relating to the modification of the Air Terminal building. Replying to a query of Councillor M. , Vincent, Mr. McDermott confirmed that staff will continue to pursue the matter of obtaining a complete overall improvement of the Airport. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting copies ~ of correspondence from the solicitors for Saint John Heritage Trust, Inc. regarding the purchase of the Chipman Hill properties at 5-7 and 9-13 Prince William Street, such correspondence noting that the necessary interim documentation to enable this company to enter the Chipman Hill properties and commence restoration of same and to demolish the rear buildings and site has not been finalized and requesting ....i ,..- lj3 ~ I I ~ I ~ I I ~ ... Common Council to authorize the execution of a license between the City and Saint John Heritage Trust, Inc. 'to fully legitimize matters prior to the conveyance by the City of title in'fee simple absolute to the trust, and recommending that the Mayor and Common Clerk be authorized to execute the said license with Saint John Heritage Trust, Inc. -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the City's septic tank in the Fundy Heights area, to which access is obtained by crossing the C.P.R. tracks from the end of Bardsley Avenue, and to which the City has no private crossing agreement with C.P.R. in order to gain access for maintenance purposes, submitting a copy of a release which C.P.R. has reQuested that the City execute; advising that action will be taken to have a private crossing agreement p~epared but the urgency of the maintenance is such that immediate access is required, and recommending that the Mayor and Common Clerk be authorized to execute the said release'-- be received and filed and the recommendation adopted. Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, 9 ,acres of land on Barnesville be leased to Mr. Paul Banks subject to the following conditions:- (1) the leased area to be approximately 9 acres as shown on the submitted plan; (2) the rental for the subject 9-acre area to be $200.00 per year, payable in advance; (3) the term of the lease to be for a period of one year beginning November 1, 1983 with an option to renew for a further year at a negotiat~d rent, with any increase in rent not to exceed an amount which would make the rent payable more than $50.00 above the assessed value of the 9 acres; (4) the lease to contain a termination clause so that the City may, 'if necessary, terminate the lease on one month's notice and, if this becomes necessary, the tenant to be asked to remove any fences and/or other improvements made to the property; and (5) any improvements to be made to the property by the tenant must be submitted for approval to the Commissioner of Engineering and Works prior to any improvements being carried out, and that the Mayor and Common Clerk be authorized to execute the said lease, subject to the approval of the City Solicitor as to legality and form. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager advising that the properties at' 380 Union Street and 11-13 Harding Street are currently secure and that work is progressing on the former building and that the owner's application for R.R.A.P. funding has been forwarded to C.M.H.C. for approval -- be received and filed. Question being taken, the motion was carried. On'motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the 'City Manager regarding a drainage problem at Mr. D. C. Rinehart's property at 127 Mount Pleasant Avenue, which was considered by Council at its meeting of October 3, 1983; advising that the solution to the problem involves the installation of an additional catch basin and some ditching work to intercept surface water, which is estimated to cost $5,000.00, plus the cost of acquiring an easement on the adjacent property; further advising that the recent repaving of Topeka Street has not had any significant effect on this situation which has, to staff's knowledge, always existed, and recommending that,this matter be referred to the Capital Budget Committee for consideration in the 1984 Capital Storm Sewer Program -- be received and filed and the 'recommendation adopted. During ensuing discussion, ,Councillor Vaughan suggested that, if the above project cannot be carried out until 1984, as much of the preliminary work as possible should be done in order that this project can be completed 'as soon as the 1984 budget is approved. Councillor A. Vincent questioned the propriety of a project of this nature being considered as a capital expenditure and he proposed an amendment to the motion that the subject work be performed now and charged to the 1984 Capital ,Budget. (Councillor Gould re-entered the meeting during the foregoing discussion.) Moved in amendment by Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above motion be amended so that the necessary work be completed in 1983 and charged to the 1984 Capital Budget, if possible. Question being taken, the amendment to the motion was carried with Councillors Knibb and Poley voting "nay". Question being taken, the motion, as amended, was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Public Works Canada, in the amount of $33,698.49, for the supply of steam for heating the Old Post Office building at 115 Prince William Street. . Councillor Murray questioned to which budget the above expenditure will be charged and whether or not there was a surplus in this budget for 1981 and 1982 in the amount's indicated in the above report as being applicable to those years. Mr. McDermott replied that the above expenditure comes under the Property Management Branch's budget and that, although it was a budgeted item, no invoices were received for the subject amount. Councillor A. Vincent alluded to a meeting between the former Land Committee, of which he was chairman, and Public Works Canada respecting the said Department's proposed purchase of the Old Post Office building, as well as to a matter of damages to the walls of this building by this Department, and he questioned if an appropriate amount will be deducted from the above amount for such damages, which he under- stands to be in the approximate amount of $18,000.00, and he suggested that appropriate correspondence in this regard should have been submitted to Council for its information while considering the above payment. 134 ~ Mr. Barfoot stated that Councillor A. Vincent is correct in this matter. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table and considered in private session of Council, with the appropriate Federal Government officials present. Question being taken, the tabling motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding the proposed land exchange with Irving Oil Ltd. with respect to the construction of the Church Avenue Overpass, which was considered by Council at its meeting of October 3, 1985, confirming that the property located at the corner of Mount Pleasant Avenue and Arrow Walk Road is owned by the City, 'and recommending that 38,880 square feet of land near the corner of Dever Road and Church Avenue, which is owned by Irving Oil Ltd., be exchanged for approximately 1.75 acres of vacant land located on the corner of Mount Pleasant Avenue and Arrow Walk Road, together with a sum of $25,000.00 -- be rec~ived and filed and the recommendation adopted. Mr. Rodgers, replying to a query of Councillor A. Vincent, advised that the parcel of land the City is proposing to exchange with Irving is owned by the City under an agreement with the Horticul~ tural Association dated 1967, such agreement containing certain terms and conditions with respect to use of this property, and he noted that the above motion, if adopted, isa proper policy decision with respect to the property exchange, however, the Irving solicitors may, after examining the title, request a change to the legislation which may require Council's consideration. Mr. Rodgers confirmed that the deed to this parcel is in the City's name and he agreed to provide a copy of the agreement with the Horticultural Association to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Solicitor regarding a response from the Provincial Minister of Natural Resources to Council's request that the Red Head marsh area be designated as a game refuge, which was considered by Council at its meeting of September 19, 1983, referring to the statement made by the said Minister that if Saint John Common Council wishes to prohibit the discharge of firearms within the marsh, action could be taken through municipal authority, and expressing the opinion that the law dealing with the establishment of wildlife refuges and the discharge of firearms is under the Provincial Fish and Wildlife Act, such act falling under the authority of the Minister of Natural Resources -- be received and filed. ~ I I ~ Discussion ensued regarding the reason for Council's request that the above area be designated as a game refuge and the proper approach to be taken to pursue this matter further with the Provincial 1 Government. Councillor Vaughan questioned what regulations are in force 'with respect to shooting of any type of game animals within the City limits to which Chief Ross stated that, to the best of his knowledge, the only conditions are that one must not discharge a firearm for the purpose of hunting, within 300 yards of a dwelling house. Councillor M. Vincent suggested that a copy of the above letter, as well as that considered previously by Council, should be forwarded to the Provincial Minister of Natural Resources. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Dr. Vincent T. W. Shannon noting that he recently purchased the property at 21-23 Coburg Street on which he proposes to establish dental offices and apartments and requesting that, in view of the size of the subject property on ~ which parking and landscaping is impossible, to purchase the property at 20 Dorchester Street on which to provide landscaping for the proposed building as well as to provide off-street parking for his patients -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. David M. Brown, Solicitor for I Lower Cove Housing Co-Op, regarding the Ronald Laskey property at 11-13 Harding Street, the demolition of which was considered under the 1925 Building Act by Council and subsequently tabled at its meeting of September 26, 1983, confirming that his client is undertaking to secure the doorways and windows of the subject property as soon as possible to minimize loss due to vandalism or threat of fire and stating that he will confirm when the subject work has been completed -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Albeco Advertising requesting permission to place park benches at bus stops in the Saint John area and to place billboard advertisements thereon be referred to the City Manager for a report and recommendation. Councillor Schermerhorn questioned the necessity of referring the above matter to the City Manager in view of Council's resolution of August 8, 1983 referring a previous letter from this company to him on which a report has not as yet been received. Mr. McDermott advised that he met with the persons concerned and as he considered Albeco Advertising's proposal not be to feasible at that time, he advised that the City is not interested in same, and he added that he will report accordingly to Council at its next meeting. Councillor M. Vincent noted that the above letter contains a different proposal from that presented to Council on August 8, 1983. Question being taken, the motion was carried. I ~ ~ ,..- .135 On motion of Councillor Gould Seconded by Councillor Schermerhorn ~ RESOLVED that the letter from the City Works Department Panthers Hockey Team requesting Common Council to either sponsor or donate $500.00 to the said team, the latter to be put toward the cost of ice rentals at City-owned rinks -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Thistle-St.Andrews Curling Club requesting financial assistance in the amount of $500.00 with respect to its Second Annual Riverboat Classic curling bonspiel -- be referred to the grants committee. Quest~on being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that this meeting be adjourned. I Question being taken, the motion was carried. ~Al >(_t1~~d- ~ :; . .'>:V)._ t; I. .< J At a meeting 'of 'Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of October, A.D. 1983, at 4:00 o'clock p.m. present , Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and'M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; R. Adams, Property Management Branch; C. McGill, Convention Officer; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Roy Austin of the Church of the Nazarene offered the opening prayer. On motion of Councillor Gould ~ Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on October 11, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of St. Piux X Boy Scout Troop, who are working toward their citizenship badge, and she explained briefly Council's meeting procedures. I Her Worship the Mayor read a proclamation proclaiming the week of October 23 to 29, 1983, as Small Business Week in the City of Saint John in recognition of the many proprietors of small businesses in the City. Her Worship the Mayor read a proclamation proclaiming the week of October 24 to 31, 1983 as Disarmament Week in the City of Saint John, in order to bring more fully to the public attention the dangers of the arms race and the need for promoting the objectives of disarmament. . I Mr. Bruce Stevens of Saint John Project Ploughshares presented a United Nations Flag to the Mayor and members of Council and requested that it be flown outside City Hall during Disarmament Week and to be on permanent display in the Council Chamber following same. The Mayor referred to an article in the October/November 1983 publication of Canadian Geographic magazine entitled, "Saint John, N.B., A city reborn on its 200th birthday", which was written by Mr. Charles Lynch, Chief of Southam News and a native of Saint John. The Mayor noted that the photography for this article was done by Mr. T. Clifford Hodgson, a former Saint John resident, and she also noted that the article was published in the October 15, 1983 issue of The Telegraph Journal for which she thanked Mr. F. Hazel, Editor-in-Chief of this newspaper. The Mayor, at the suggestion of Councillor Murray, advised that she will forward a letter of commendation to Messrs. Lynch and Hodgson. ~ The Mayor commented briefly on the Cities of New Brunswick Association meeting which was held in Edmundston on October 14 and 15, 1983. ... 136 .., Read a letter from Councillor Flewwelling listing the following matters for answers and/or discussion with staff or Council:- (1) By-Law re Exhibition Association; (2) T.V. coverage of Council meetings; (3) City policy on hiring vehicles as it concerns employees; (4) trucks, without canvas covers, hauling asphalt; and (5) referring to a question he asked at Council's last meeting regarding low-bed vehicles. Councillor Flewwelling, referring to (1) above, expressed the understanding that all Council members are members of the Exhibition Association and, at his request, Mr. McDermott agreed to obtain copies of the Association's by-laws for Council. Councillor Flewwelling noted that, when it was decided to permit television coverage of the Council meetings several years ago, it was on the under- standing that the televising would be of high calibre, with two cameras and clear audio, however there is only one television camera in use and he has been advised that the audio coverage is unclear, and he suggested that, if improvements are not forthcoming, Council should consider this matter further. Mr. McDermott, at the request of the Mayor, agreed to contact Mr. R. Wannamaker of Fundy Cablevision Ltd. in this regard and report to Council at its next meeting. Councillor Flewwelling, referring to (3) above, questioned what the City's policy is with respect to the hiring of vehicles insofar as hiring from City employees for the City's use is concerned. Upon Mr. McDermott's reply that the practice of hiring a City employee's vehicle for City use would be against the policy, Councillor M. Vincent expressed the understanding that there is no prohibition with respect to any person renting equipment to a contractor which is in turn rented to the City. Mr. McDermott clarified his reply in that there is no objection to subcontracting in this manner. Councillor Vaughan suggested that the license numbers of rented vehicles should be included on the invoices in order to easily identify the owners of such vehicles. Referring to (4) above, Councillor Flewwelling expressed the understanding that a policy existed in the City that all trucks hauling asphalt should be covered with canvas and he suggested that trucks hauling gravel should also be covered in this manner. Mr. McDermott advised that, to the best of his knowledge, there has never been a policy in the City which requires trucks hauling asphalt to cover same with canvas, however canvas covers are oftentimes used to maintain heat in the asphalt on a long trip. The Mayor expressed the understanding that there is a policy which requires gravel trucks to be covered, and Councillor Flewwelling suggested that there should also be a requirement for garbage trucks and trucks hauling chips to be covered. Councillor Flewwelling referred to (5) above and questioned whether all of the five low-bed vehicles, indicated on the list of City-owned vehicles supplied to Council, are in the possession of the City at this time. Mr. Barfoot confirmed that the floats indicated on the list previously supplied Council are present and correct, however the 20-ton float has a cracked frame thus explaining the reason for the City having to rent such a vehicle in the interim. Councillor Flewwelling expressed the understanding that one of the flat-bed vehicles is missing to which Mr. Barfoot replied that some years ago a small vehicle which was used for hauling asphalt equipment was missing, such vehicle having a value of approximately $10,000.00, and he agreed to determine for Council when the frame of the 20-ton float was cracked. Councillor Flewwelling suggested that the City should establish a pool of all City vehicles, with the exception of those in the Police and Fire Departments, under a transport officer who would dispatch the equipment as required thereby making use of all equipment owned by the City. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the matter of establishing an equipment pool be referred to the City Manager for a report to Council. Question being taken, the motion was carried. The Mayor welcomed Mr. B. Harrison, Member of the Legislative Assembly, to the Council Chamber whereupon Mr. Harrison presented to the Mayor and Council a cheque in the amount of $135,000.00 which represents the completion of funding with respect to the Provincial-Municipal Employment Program, which was implemented by the Provincial Government during the past summer in an effort to reduce unemployment in the Province. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by 'the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt October 6-12, 1983 $58,619.64 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, during the design of a project for the upgrading of Shamrock Park, it, was discovered that the existing trunk combined sewers, which service the Bryden, Newman and Durham Streets area, should be replaced as a part of this project, the advantage being that it will avoid future construction within the newly-refurbished facility, improve the drainage capacity of the present system and also eliminate a number of manholes which are located within the actual track and playing surfaces at Shamrock Park, and recommending that the proposed project to replace the trunk sewer mains across the Shamrock Park track and playing field be added to the 1983 Water and Sewerage Capital Program at an estimated cost of $60,000.00 -- be received and filed and the recommendation adopted. A brief discussion ensued during which time Mr. Armstrong explained that the City utilizes video equipment to inspect sewers in areas where problems are suspected. Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for pavement resurfacing on Provincially-designated highways, advising that the low tenderer, Grove Construction and Paving Ltd., although it omitted to write its bid on one of the tender forms, clearly indicated same in the schedule of unit prices, and stating that it is clear to staff that the error was only clerical in nature and provided no means of advantage to the tenderer. The letter notes that the City has received agreement from the Province to award the contract to the low tenderer and recommends awarding of",thios tendercto',GrDve "Construction and Paving Ltd. Consideration was also given to a letter from Stephen Paving (1982) Ltd. regarding the above tender. ~ I I ~ I ~ I I ~ .... ,..- 13J7 A motion was proposed by Councillor Flewwelling and seconded by Councillor Knibb that the above recommendation be adopted, however following an explanation of the above matter by Mr. Armstrong and on the advice of,the City Solicitor that a motion is required to waive the informality with respect to the writing of the bid total on the subject page, the motion was withdrawn. ~ On motion of Councillor Flewwelling Seconded by Councillor Poley RESOLVED that Common Council waive the informality with respect to the writing of the bid total on the page entitled, "Form of Tender, Division 3", on the tender submitted by Grove Construction and Paving Ltd. for pavement resurfacing on Provincially-designated highways. I . Mr. Rodgers, replying to a query of Councillor M. Vincent, expressed the opinion that the points raised in the above-mentioned letter from Stephen Paving (1982) Ltd. relate to an informality rather than a formality and the City, under its tendering procedure, is allowed to waive informalities, and that the above motion, if adopted, will allow Council to proceed to award the contract as recommended. A brief discussion ensued particularly with respect to the fact that, as noted in the above letter from the City Manager, the subject tender includes the resurfacing of Station Street, Loch Lomond Road and Manawagonish Road, while the resurfacing of Westfield and Bridge Roads is being carried out by City forces and is nearing completion. Mr. Armstrong explained that the above tender is necessary due to the City having inadequate time to complete the resurfacing of the three highways prior to the end of the paving season and that arrangements have been made with the Province that, if the above contract is awarded in an amount less than staff's estimate, such excess funding can be utilized to continue the paving of the South Bay Road. (Councillor A. Vincent entered the meeting during the foregoing discussion.) 1 Question being taken, the motion was carried. On motion of Councillor Flewwelling ~ Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for pavement resurfacing on Provincially-designated highways be awarded to the low tenderer, Grove Construction and Paving Ltd., in the amount of $179,442.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Stephen Paving (1982) Ltd. regarding the tender for pavement resurfacing on Provincially-designated highways, which closed October 12, 1983, expressing the opinion that the tender submitted by Grove Construction and Paving Ltd. should be rejected as it did not have the total amount of the tender price written upon the tender form, and is therefore not in accordance with the tendering procedures of the City of Saint John -- be received and filed. I Question being taken, the motion was carried. On motion of Councillor Murray ~ Seconded,by Councillor Knibb RESOLVED that the letter from the City Manager regarding Councillor Schermerhorn's proposal with respect to parking on the west side of Prince William Street (Chipman Hill), which was considered by Council at its last meeting, advising that the parking restrictions applied to Chipman Hill, in conjunction with the operation of the Chipman Hill parking garage and with signing related to the City Centre Improvements project, are essential in maintaining traffic flow and proper access to the ten entrance/exit points along this short section of street where turning movements are occurring throughout the day at various access points; expressing the opinion that short-term ~arking requirements are easily met with the spaces provided in the said parking garage and at the Water Street lot, both of which are within a reasonable walking distance of City Hall; submitting proposed amendments to the Traffic and Parking Meter By- Laws which, are considered necessary to clarify legislation which was superseded by the construction projects referred to herein and recommending that the parking restrictions remain on Prince William Street (Chipman Hill) and that the proposed amendments to the Traffic and Parking Meter By-Laws be given first and second readings and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: I AND FURTHER that the by-laws entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The 'Motor Vehicle Act, 1973, And Amendments Thereto" and "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same, By Means Of Mechanical Appliances", be read a first time. ' Councillor Schermerhorn, speaking in opposition to the above resolution, expressed the understanding, based on ,discussion with the Chief of Police, that the proposal outlined in his letter to Council at the last meeting is achievable and will not interfere with traffic flow in the subject area. Question being taken, the motion was carried with Councillor Schermerhorn voting "nay". 1 Read a first time the by-laws entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto" and "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". On motion of Councillor Knibb ~ Seconded by Councillor Gould RESOLVED that the by-laws entitled, "A By-Law To Amend A By-Law Respect- ing Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto" and "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a secon9- time. (, ~.'h.. ..... 13~ ~ Question being taken, the motion was carried. Read a second time the by-laws entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And ~ Amendments Thereto" and "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means of Mechanical Appliances". (Councillor Gould withdrew from the meeting.) Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John 1 The Committee of the Whole reports Your Committee begs leave to report that it sat on October 11, 1983 when there were present Deputy Mayor Davis and Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the request of the Canadian Association for the Mentally Retarded for financial assistance regarding attendance at its 1983 national conference in Winnipeg, Manitoba, October 27 to 30, 1983, be denied. 1 2. That the request of the Saint John Firefighters Curling Association for financial assistance with respect to its hosting of the New Brunswick Firefighters Curling Championship to be held in January 1984, be denied. 3. That with respect to the request of Hospitality New Brunswick/Tourism New Brunswick for financial assistance to assist in hosting a buffet breakfast during the "Profit Throllgh Coordination Conference", to be held in Saint John on November 18, 1983, a grant in the amount of $1,500.00 be approved. 4. That as recommended by the City Manager, a lease be entered into with the Saint John Branch of the Canadian Mental Health Association for the rental of premises located on the ground floor of the Brodie building at 42 Princess Street subject to the following conditions:-'(l) the lease to be for a period of one year, commencing October 1, 1983, with an option to renew for a further one year at a negotiated rent; (2) the rental for the subject premises to be $6,000.00 per year, for the first year, to be paid prior to December 31, 1983; (3) the leased area to be the eastern side of the first floor at 42 Princess Street, an area of approximately 801 square feet; (4) the City to provide for cleaning of the common halls and exterior maintenance; (5) the Association to be responsible for its own electric'ity, cleaning of its premises, maintenance of the washroom and any other charges directly attributed to the use of the space; (6) any alterations or improvements made to the premises to be the responsibility of the Association, and to be subject to prior approval by the Property Management Branch of the City of Saint John; and (7) the Association to agree to use the rear door of the premises and, as much as possible, to keep its clients and visitors from the hallway, and that the Mayor and Common Clerk be authorized to execute the said lease, subject to approval by the City Solicitor as to legality and form. ~ 5. That as recommended by the City Manager, approval be granted for the sale of property located at the corner of Crown and Pitt Streets to Phase Electric Holdings Ltd., for a price of $5,500.00, subject to the following conditions:-(l) the driveway onto Pitt Street to be an exit only; (2) the ,driveway to be located approximately 25 feet from the intersection of Pitt and Crown Streets with no driveway to be allowed onto Crown Street; (3) development of the site to be in accordance with the amended plan, as submitted; and (4) development to commence within a period of six months and to be substantially completed within a period of one year after the transfer of title or the City may may re-acquire the subject property for the price of $1.00. I. 6. That as recommended by the City Manager, the Ritchie building located at 50 Princess Street be advertised for sale for the sum of $66,000.00. 7. That with respect to the request of Unit 230, District 1, Canadian Atlantic Regional Bridge ~ Tournament, for financial assistance in the form of a buffet or dinner during this tournament to be held at the Trade and Convention Centre on June 28 to July 3, 1984, a grant in the amount of $1,000.00 be approved. 17 October, 1983 Saint John, N.B. Respectfully submitted, (sgd.) Samuel Davis, C h air mall. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. I Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Councillor Poley expressed the opinion that Council should approve a grant in the amount of $2,000.00 as requested by the above group as it his understanding that credit would be given to the City for hosting a buffet breakfast for which the said group is also to contribute a considerable ~ amount. Councillor Vaughan expressed the opinion that the above group should only be granted $1,000.00. Question being taken, the motion was carried with Councillors Flewwelling, Poley and Vaughan voting "nay". ""- .~" ~... ~ ".. 139 On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be ~dopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Mr. McDermott, replying to a query of the Mayor, confirmed that the above grant is in conformance with the grants policy. (Councillor Gould re-entered the meeting.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that, the letter from Mosher, Chedore & Company, solicitors for Marquis Investments Ltd., requesting to purchase, for the sum of $7,000.00, the "Old Wesleyan Church Lot" which is situate west of 53 Carleton Street -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Council~or Schermerhorn ,I Seconded by Councilior M. Vincent RESOLVED that the letter from Mr. Juan Montes offering to sell a parcel of land , located at 17 Garden Street -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. Consideration was given to a petition from residents of Atkins Roadway, Morna, requesting that the said roadway be refinished with asphalt, or chipsealing. Councillor Schermerhorn proposed a motion, which was seconded by Councillor Gould, ,that the above matter be referred to the City Manager for a report and possible inclusion in the 1984 budget, however Councillor Poley noted that there are two other letters from residents in the subject area on this agenda for Council's consideration and he requested that staff review and include in the requested report the entire situation with respect to roadways in the Martinon/Morna area, and he also suggested that these letters be included in the proposed resolution. On motion of Councillor Schermerhorn ~ Seconded by Councillor Gould RESOLVED that the following correspondence be referred to the City Manager for a report and possible inclusion in the 1984 Capital Budget:- (1) the petition from residents of Atkins Roadway, Morna, requesting that the said roadway'be refinished; (2) the letter from Mrs. Glenna Martin requesting that Victoria Street, Martinon, be chipsealed, and (3) the letter from Mrs. Deborah Holmes request- ing that a storm sewer drain be placed at the corner of Highfield Avenue, Martinon, in order to eliminate flooding of her property which is situated at the low point of two hills on this street. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded, by Councillor Schermerhorn RESOLVED that with regard to the request from Mr. James Curtis for permission to hold a Peace Day on October 23, 1983 for the purpose of holding a Run for World Peace, the proceeds of which will be donated to the International Committee of Canadian Save the Children Fund, Council endorse the said Run and the matter be referred to the Chief of Police. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Schooner Industrial Products Ltd. expressing the opinion that it was not given fair consideration on the tender for firefighting clothing, and that its clothing meets and exceeds, in most cases, the clothing the City is considering purchasing -- be received and filed. ~ A brief discussion ensued during which time Chief Clark noted that not'only did Schooner Industrial Products Ltd. fail to meet the specifications but it was aware of same when it submitted its sample to the City, as indicated in its letter above and he explained that the lining, which the subject company suggests is not required, is included for a purpose, that being ~or a vapour barrier should a firefighter get wet in cold weather. Councillor Knibb noted the presence in the Council Chamber of Mr. Ian Galbraith, Sales Manager of Schooner Industrial Products Ltd., and he suggested that he be invited to address Council in this regard. ... 141@ ""'IIIIIl On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Mr. Ian Galbraith be invited to address ~ Council at this time. Question being taken, the motion was carried. Mr. Galbraith addressed Council and expressed the oplnlon that Schooner Industrial Products Ltd. 's product is superior to that which is to be supplied to the Fire Department by its competitors and that it meets Federal Government specifications in every other fire department in Canada and the said company is unable to understand why it does meet those of the Saint John Fire Department. Discussion ensued during which time Mr. Galbraith, replying to Council queries, explained his company's opinion insofar as the lining requirement for the jackets is concerned and he noted that had the tender indicated that securatex, and no substitute, product was required, his company would have been saved the time and expense of preparing a tender submission, and he re-iterated that his company's product, according to testing, is superior to and is less costly than that of its competitor. Chief Clark, replying to a query of Councillor Vaughan, confirmed that the company's product, which was awarded the subject tender, meets all specifications and he elaborated further on the need for a lining in the jackets. 1 Question being taken, the original motion was carried. I Councillor Flewwelling referred to a list of invoices which were passed for payment during the month of September 1983 (copies of which were forwarded to Council members as an information item) and Mr. Wilson replied to his queries on several payments indicated therein. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be ,adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. ~ ~,!1:Xkt'lr~ At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fourth day of October, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor 1 Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; R. Thompson, Chief of Rehabilitation Services; R. Adams of Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations, and Miss M. Conley, Administrative Assistant to the Mayor. ~ Reverend Wallace Corey, Pastor of St. James Anglican Church, offered the opening prayer. The Mayor welcomed to the Council Chamber Reverend John Tompkins, Pastor of the Torch For Truth Tabernacle. The Mayor also welcomed members of the St. James Boy Scout Troop, who are working toward their citizenship badge, and she briefly explained Council's meeting procedures. On motion-of Councillor Scherm~rhorn I Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on October 17, 1983, be adopted. Councillor Flewwelling referred to the discussion at the above meeting regarding television coverage of Council meetings and advised that Fundy Cablevision Ltd. has invited him to serve on a committee to study this matter, and he offered to do so and report to Council should Council so wish. The Mayor advised that the City Manager will be meeting with Mr. R. Wanamaker of Fundy Cablevision later this week and she requested Mr. McDermott to contact Councillor Flewwelling to advise the time for such meeting in order that Councillor Flewwelling can attend same. I Question being taken, the motion was carried. Her Worship the Mayor referred to her discussion with representatives of the Canadian Broadcasting Corporation with respect to items discussed in private session of Council and what appears to be a reversion by certain staff members to the practice of placing matters for discus?ion in private session rather than open session of Council. The Mayor thanked CBC for this observation and expressed the opinion that there are several matters which are included on the Committee of the ~ Whole agenda of this date which were raised in open session of Council and therefore should be considered by Council at this meeting. The Mayor requested that such items, those being items 28 - re steam heat, Old Post Office building; 29 - re Exhibition Association; 32 - re 20-ton float, unit 665, and 37 - re private roads, be added to the agenda for consideration at this meeting. The Mayor also ~ "... 141 requested that items regarding the appointment of Commissioner of Engineering and Works, and respecting a taxi stand at Market Square be added to the agenda. Councillor Vaughan suggested that an item regarding a recent policy established by the Recreation and Parks Advisory Board with respect to ice rental fees for minor hockey associations (copies of which were forwarded to Council members as an information item) be added to the agenda for Councii's consideration. ~ On motion of Councillor Gould Seconded by councillor Schermerhorn RESOLVED that the above items be added to the agenda and considered at this meeting. 1 Question being taken, the motion was carried. 1 The Mayor referred to an inquiry earlier this date regarding when the senior citizens will be able to return to their quarters on the second floor of the City Market building, which they have been unable to utilize due to the present renovation of this building, and advised that it is her understanding that the senior citizens will be able to occupy their premises therein on October 31, 1983. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard, approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from Light Industrial to District Centre Commercial classification and (b) to re-zone the same parcel of land from "1-4" Heavy Industrial Park to "B-2" General Business classification, to permit development of a sixty-unit two-storey motel, as requested by Journey's End Development Corporation, and that no written objections were received in this regard. ~ Consideration was also given to a letter from the Planning Advisory Committee recommending that the subject property be redesignated in the Municipal Plan from Light Industrial to District Centre Commercial classification and be re-zoned from "1_4" to "B-2" pursuant to Section 39 of the Community Planning Act, requiring that a detailed site plan be submitted by the applicant and approved by the Deputy Commissioner of Community Planning. Mr. D. Hayward Aiton, solicitor for Journey's End Development Corporation, appeared before Council in support of the above application and offered to respond to any queries Council may have with respect to this matter. On motion of Councillor Schermerhorn Seconded by Councillor Knibb ,I RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule' '2-A, the Future Land Use Plan of the Municipal Development Plan", to redesignate a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard, approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from Light Industrial to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law 'to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use , Plan of the Municipal Development Plan, to redesignate a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard, approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from Light Industrial to District Centre Commercial classification, be read a second time. Mr. McDermott, replying to a query of Councillor M. Vincent, confirmed that the above-mentioned motel will have no restaurant or licensed lounge facilities and will basically offer lodging. Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". 1 On motion of Councillor Gould 1 Seconded by Councillor M. Vincent RESOLVED that the by-law entitled "A Law to Amend'the Zoning By- Law of the City of Saint John and Amendments Thereto", insofar as it concerns re~zoning a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard, approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from "1_4" Heavy Industrial Park to "B-2" General Business classification, pursuant to Section 39 of the Community 'Planning Act requiring that a detailed site plan be submitted by the applicant and approved by the Deputy Commissioner of Community Planning, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Schermerhorn ~ Seconded by Councillor Gould RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of, Fairville Boulevard, approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from "1-4" Heavy Industrial to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act requiring that a detailed site plan be submitted by the applicant and approved by the Deputy Commissioner of Community Planning, be read a second time. lit... ft412: ~ Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 263 Germain 'Street (L.R.I.S. Number 5868), located on the southwest corner of Germain and Queen Streets, from Medium Density Residential to District Centre Commercial classification, and (b) to re-zone the same parcel of land from "IL-l" Neighbourhood Institutional to "B-2" General Business classification, to permit the existing building to be used as an office for the Saint John Construction Association, as requested by the Saint John Construction Association Inc., and that a letter of objection was received from Mr. M. H. Selick of 254 Germain Street. Consideration was given to a letter from the Planning Advisory Committee recommending that the subject property be re-zoned from "IL-l" to "B-2" subject to a resolution of Common Council, pursuant to section 39 of the Community Planning Act to (1) restrict the use of the ,property to the offices of the Saint John Construction Association and (2) require the submission of a detailed site plan for approval by the Deputy Commissioner of Community Planning with respect to parking, landscaping, signage and external building improvements or changes. Consideration was also given to a letter from the Saint John Preservation Review Board expressing the understanding that the above-proposed re-zoning includes changes to the open space west of the subject building; noting that pursuant to section 6(2) of the Saint John City Centre Preservation Area By-Law, the subject of open spaces is a matter within the jurisdiction of the Board, and requesting Council to refer the subject application to it for review prior to giving the Zoning ByLaw first reading. Miss Leona Laracey, Secretary of the South City Housing Cooperative Limited, addressed Council in opposition to the above-proposed amendments on behalf of the said group and other resi- dents in the subject area. Miss Laracey noted that the area concerned is primarily residential in nature and she displayed photographs indicating the type of residences which are located within close proximity to the property in question. Miss Laracey expressed concern with the increase in traffic, as well as parking problems, which will result should the property be re-zoned as proposed, and she noted that there are two accesses from Queen Street to the proposed parking area which is a cause of concern to persons with children as well as to pedestrians. Miss Laracey also expressed concern that the proposed parking area is to occupy one of the few green areas remaining in the area, as well as regarding what may occur in the future should the Saint John Construction Association decide to sell or sub-let this building at which time the residents in the area may not be given an opportunity to express their opinion with respect to the proposed use of the building which could result in it being utilized by a less-than-desirable occupant. Miss Laracey noted that a petition with 40 signatures of residents within a block of this property in opposition to the re-zoning was presented to the Planning Advisory Committee. Miss Laracey pointed out that the residents concerned like the area in which they live and wish to have it remain a residential area with the green area, as well as other features of this neighbourhood preserved and, in view of the time, labour and funding invested in their properties, the residents are concerned with respect to the future of their properties should a precedent be set of spot re-zoning. A brief discussion ensued during which time Miss Laracey elaborated further on the concerns of the area residents and the South City Housing Cooperative, particularly with respect to the Planning Advisory Committee's recommendation being pursuant to section 39 of the Community Planning Act, the green area in question, and the possibility of resale by the Saint John Construction Association. Mr. John Colwell of 33 Queen Street also spoke in opposition to the above-proposed re- zo~ing on the basis that he wishes the area to remain residential in nature, and inadequate parking, as well as traffic problems, which will result should the proposed re-zoning be approved, Mr. Tony Smith, Director of the Saint John Heritage Trust, addressed Coun~il in opposition to the above-proposed amendments and he pointed out that, at a time when the City is actively seeking methods of inducing persons back to the City to reside, the re-zoning of one of a section of an attractive residential area for commercial purposes will not support these efforts and the Heritage group is of the opinion that the commericialization of any sector of this area'would degrade the value of the entire neighbourhood, as well as the value of persons' property and 'would be contrary to the spirit of everything the City is attempting to do to revitalize the City centre. Mr. D. Hayward Aiton, solicitor for the Saint John Construction Association, addressed Council in support of the above application and he noted the presence in the Council Chamber of Mr. Patrick Darrah, President of the Saint John Construction Association Inc., other 'members of the Association, and of Mr. J. O'Connell, solicitor for the Christian Science Society, the latter which is selling the subject building to the Association. Mr. Aiton referred to the above letter from the Saint John Preservation Review Board and expressed concern that this letter is untimely in view of the above application having been before the City for approximately three months and there are time constraints which are of importance to both the Association and the said Society, one being that there is an exterior walloI' the building which requires maintenance this fall pending the proposed sale of this building to the Association, therefore if the application is delayed further it will make it difficult for the parties to agree how to extend the agreement with respect to the purchase of the property by the Association. Mr. Aiton questioned the position of Council in the event the Preservation Review Board were to recommend against the use of the green area for a parking lot as it is vital to the Association that this off-street parking be available and he emphasized that the building will undergo no exterior alteration and that it will be preserved in its present form. Mr. Aiton re-iterated his concern with respect to the request of the Preservation Review Board that this matter be delayed. Mr. Patrick Darrah, Executive Director of the Saint John Construction Association, addressed Council in support of the Association's application and he noted that it is not the intent of the Association to make any changes whatsoever to the exterior of the subject building as the Association members are very much concerned about the preservation of the building as it exists as to them it is a monument to what it has built over the past 97 years. ~ I 1 ~ 1 ~ I I ~ ~ ,..- 143 ~ Replying to Council queries, Mr. Darrah elaborated on the matter of parking and the number of vehicles anticipated to utilize the parking area during the business hours as 'well as during the building's use for Board of Director meetings which are held once a month and he confirmed that the subject building is to be occupied and used only by the Saint John Construction Association. Councillor Poley questioned if the Association would be agreeable to entering into a written agreement with the City with respect to the conditions proposed under Section 39 of the Community Planning Act, which may' serve to alleviate the concerns of the area residents more than the adoption of the re-zoning pursuant to a Council resolution subject to Section 39 to which Mr. Darrah advised that he is unable to reply as this decision would have to be made by the Board of Directors. Mr. Winch noted that 'a variety of means to apply Section 39 of the Community Planning Act is available to Council, one being a resolution stipulating terms and conditions, another being an agreement also stipulating terms and conditions, however for the most part the resolution rather than an agreement is utilized, the main advantage ~f an agreement being that the applicant is acknowledging the conditions in writing as opposed t~ such conditions being part 'of a Council.resolution, with the disadvantage being that it is more time consuming as an agreement would have to be drafted and executed prior to any permits being issued. Mr. Rodgers, replying to a query of the Mayor with respect to the request of the Saint John Preservation Review Board for'Council to refer the subject application to it for review prior to giving first reading to the subject by-laws, expressed the desire to review the issue raised by the Review Board however he noted that Council may give first and second readings to the subject by-laws at this meeting and that, should it be found that the Review Board's input in this matter is required, it be obtained prior to third reading of same. I I On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled "A Law to Amend the Municipal Plan By-Law Of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 263 Germain Street (L.R. I.S. Number 5868), located on tile southwest corner of Germain and Queen Streets, from Medium Density Residential to District' Centre Commercial classification, be read a first, time. Question being taken, the motion was carried. ~ Read a first time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On mottion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Munic:lpal Plan By~Law of the City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 263 Germain Street (L.R.I.S. Number 5868), located on the southwest corner of Germain and Queen Streets, from Medium Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. I Read a second time the by-law entitled "A Law to Amend the Municipal Plan By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law'to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land at 263 Germain Street (L.R.I.S. Number 5868), located on the southwest corner of Germain and Queen Streets, from "IL-l" Neighbourhood Institutional to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act restricting the use of the property to the offices of the Saint John Construction Association and requiring the submission of a detailed site plan for approval by the Deputy Commissioner of Community Planning with respect to parking, landscaping, signage and external building improvements or changes, be read a first time. ~ Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning a parcel of land at 263 Germain Street (L.R.I.S. Number 5868), located on the southwest corner of Germain and Queen Streets, from "IL-l" Neighbourhood Institutional to "B-2" General Business classification, pursuant to Section 39 of the Community Planning Act restricting the use of the property to the offices of the Saint John Construction Association and requiring the submission of a detailed site plan for approval by the Deputy Commissioner of Community Planning with respect to parking, landscaping, signage and external building improvements or changes, be read a second time: AND FURTHER that the above letter from the Saint John Preservation Board be referred to the City Solicitor for review and report to Council. I Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City 'of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. ~ Question being taken, the motion was carried. ... 1L441 ""IIIl The Common Clerk advised that the necessary advertising was completed with respect to amending the Zoning By-Law to (a) re-zone the various properties of Carleton Kirk identified as L.R.I.S. Numbers 272427, 361345, 361378, 361527, 392795, 393181 and 391342 from "RM-l" Three-Storey Multiple Residential and L.R.I.S. Number 363366 from "R-2" One- and Two-Family Residential to "IL-l" Neighbourhood Institutional classification, to permit the expansion of Carleton Kirk, and (b) to re- zone the site of the Ecole Samuel de Champlain on Ragged Point Road, being part of L.R.I.S. Number 052845, from "RS-2" One- and Two-Family Suburban Residential and "R-IB" One-Family Residential, to "IL_ 2" Major Industrial classification, to permit the development of the Ecole Samuel de Champlain, and that no written objections were received in this regard. ~ Consideration was given to a previous letter from the Planning Advisory Committee recommending tnat the:;above:"pro:posed l'e-zonings be approved. Mr. A. Brien, solicitor, appeared before Council in support of the above application and on behalf of the Advisory Committee of Carleton Kirk complex with respect to the construction of a nursing home on the subject property which is the subject of re-zoning, and he noted the presence in the Council Chamber of Reverend K. Thompson, Chairman of this Committee, and'Mr. R. Boyce of the architectural firm of Mott, Myles & Chatwin. Mr. Brien requested that, due to the timing which the Carleton Kirk Church complex has for this nursing home, Common Council provide three readings of the Zoning By-Law amendment at this meeting. Mr. Brien noted that it was originally anticipated to have the subject re- zoning approved much earlier and that the construction and tendering stage now leaves little time to proceed ~ith the project. I A brief discussion ensued during which time Mr. Winch explained the reason for the length of time involved in the above re-zoning being presented to Council for consideration, as well as the reason for the proposed text amendment not being presented at this time that being due to the preference of the Legal Department that this not take place until the new Zoning By-Law is in place. The Mayor expressed concern that the construction of the above nursing home has been delayed, especially in view of the building season nearing an end for this year. 1 On motion of Councillor Knibb Seconded by Councillor M. Vincent _ ESOLVED that the by-law entitled "A Law to Amend the Zoning ~ By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the following properties of Carleton-Kirk United Church:- L.R.I.S. Numbers 272427, 361345, 361378, 361527, 392795, 393181 and 391342 from "RM-l" Three-Storey Multiple Residential and L.R.I.S. Number 363366 from "R-2" One- and Two-Family Residential to "IL-l" Neighbourhood Institutional classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor M. Vincent I RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the following properties of Carleton-Kirk United Church:- L.R.I.S. Numbers 272427, 361345, 361378, 361527, 392795, 393181 and 391342 from "RM-l" Three Storey Multiple Residential and L.R.I.S. Number 363366 from "R-2" One- and Two-Family Residential to "IL-l" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor M. Vincent ~ Seconded by Councillor Gould RESOLVED that a state of emergency be declared to exist and that consideration be given to third reading of the above by-law amendment at this meeting. Question being taken, the motion was carried unanimously. On motion of Councillor Gould Seconded by Councillor Flewwelling I RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law o~ the City of Saint John and Amendments Thereto", insofar aS4 it co6nce4rns r6e-Z08lling6 the . following properties of Carleton-Kirk United Church:- L.R.I.S. Numbers 272 27, 313 5, 3 137 , 31527, 392795, 393181 and 391342 from "RM-l" Three-Storey Multiple Residential and L.R.I.S. Number 363366 from "R-2" One- and Two-Family Residential to "IL-l" Neighbourhood Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. The by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments I Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the site of the Ecole Samuel de Champlain on Ragged Point Road (part of L.R.I.S. Number 052845), from "RS-2" One- and Two-Family Suburban Residential and "R-IB" One-Family Residential to "IL-2" Major Institutional classification, be read a first time. ~ Question being taken, the motion was carried. Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". ~ ,..- ~- _......~ 145 On motion of Councillor Gould ~ Seconded by Councillor Murray RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning the site of the Ecole Samuel de Champlain on Ragged Point Road (part of L.R.I.S. Number 052845), from "RS-2" One- and Two-Family Suburban Residential and "R-IB" One Family Residential to "IL-2" Major Institutional classification, be read a second time. Question being taken, the motion was carried. 1 Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed ,amendments be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with respect to re-zoning three parcels of land located to the ,rear of 298 and 302 Westmorland Road (L.R.I.S. Numbers 414201, 413856 and 319053), containing approximately 1.8 acres, from "RS-2" Suburban Residential to "RS-l" Suburban Residential classification, to allow erection of a stable for not more than two horses, as requested by Miss Christine McCaig, and that letters of objection have been received from Francis and Heather DeGrace, Mr. & Mrs. Lorne McQuade, Rita O'Brien, E. D. Card and Russell C. Moore, and that letters in support of the proposed re- zoning were received from a resident of 2773 Rothesay Road, T. Eisner, Donald R. Norwood and Ernest R. Stevens, Florence Tays, Mr. & Mrs. William Trainor and E. Lorraine and W. James Vey. ~ Consideration was given to a letter from the Planning Advisory Committee recommending that the subject property be re-zoned from "RS-2" to "RS-l" subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act tying the development to the applicant's proposal, namely:- (1) that not more than two horses will be kept on the property; (2) that animal feed will be kept and manure stored and disposed of in the manner proposed, and (3) that the stable will be located no closer to the property ,lines than proposed. I Mr. Francis DeGrace, addressed Council in opposition to the above-proposed re-zoning and he requested Council's consideration of the following concerns of the residents surrounding the immediate area of the property in question, namely:_ (1) whether the horses are to be contained only to the parcel of land which the applicants are requesting to be re-zoned, or will they be allowed to be ridden or led for training p~poses on other existing properties surrounding the said property, and (2) that the housing structure plans submitted to the Planning Advisory Committee must be completed upon inspection by the Department of Health and meet the requirements as set out in Section 39 prior to the horses being permitted on the premises in question. Mr. DeGrace noted that the reasons for objecting to the 'proposed re-zoning are indicated in the submitted letters of objection. Mr. DeGrace, replying to a query of Councillor Flewwelling, advised that his home is located approximately 275 to 300 feet, towards Rothesay Avenue, to the property in question. Mr. Donald Carlson appeared before Council in opposition to the above-proposed ,e-zoning and advised that he plans in the future to subdivide a parcel of land which he owns adjacent to the subject property and, in his opinion, horses being maintained nearby would not be beneficial to his plans for a housing subdivision. ~ Mr. John Barry, Solicitor for Miss Christine McCaig, addressed Council in support of the above application, and he pointed out that this application is not unusual in that there are two other ,precedents in the City, one being in Millidgeville and another on Loch Lomond'Road, which are legally approved and zoned accordingly and he expressed the opinion that the property in question is much more applicable to this type of application than those already approved as it is secluded and land-locked and the land itself, prior to amalgamation, was used for the pasturing of horses. Mr. Barry elaborated further with respect to the location of the subject property by use of an aerial photograph which he displayed before Council and commented 'with respect to the arguments put forth regarding odour, rodents, building structure, feed storage and waste removal. ' I Mr. Barry, replying to queries of the Mayor, explained that the letter from the Department of Health, a copy of which was submitted with the letter from the Planning Advlsory'Committee, is referring to the corral, and not the stable, as not meeting the guidelines for manure and waste management distances and he added that the applicant is willing to place the corral so that it meets the 300 foot requirement, and with respect to the problem of allergies referred to in the letter of opposition from Mr. & Mrs. DeGrace, he advised that; upon consultation with Dr. John Gacian, Head of Pediatriacs and Immunology of the I. W. Killam Hospital in Halifax, N.S., it ,was found that in his personal experience exposure to horses at a distance in excess of 20 to 30 feet has provoked significant symptoms on only very rare occasions. Mr. Barry confirmed that there will be no horses maintained in the shed that 'is presently in existence on the subject property, that riding'will be confined to the subject property, and he stated that his 'client has no objection to entering into an agreement under Section 39 of the Community Planning Act, however he expressed concern only on the basis of the time involved' in doing so rather than having the re-zoning approved pursuant to a resolution of Council under Section 39. During further discussion, Mr. Barry confirmed that no riding lessons will 'be carried out on the subject property and he explained the method of waste removal which will be used, as well as the matter of drainage, and several Council ,members expressed concurrence with Councillor Poley's suggestion that a written agreement under Section 39 be entered into with Miss McCaig. I On motion of Councillor Poley ~ Seconded by Councillor Murray RESOLVED that the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning three parcels of land located to the rear of 298 and 302 Westmorland Road (L.R,I.S. Numbers 414201, 413856 and 319053), and containing approximately 1.8 acres, from "RS-2" Suburban Residential to "RS-l" Suburban Residential classifica,,~()j tion subject to an agreement between the City and the ,applicant pursuant to Section 39 of the Community Planning Act, tying the development to the applicant's proposal, namely:- (1) that notcmore than two horses will be kept on the property; (2) that animal, feed will be kept and manure stored and disposed of in the manner proposed, and (3) that the stable will be located no closer to the property lines than proposed, be read a first time. Question being taken, the motion was carried. .... ~ Jl46 Read a first time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Schermerhorn ~ Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law to Amend the Zoning By- Law of the City of Saint John and Amendments Thereto", insofar as it concerns re-zoning three parcels of land located to the rear of 298 and 302 Westmorland Road (L.R.I.S. Numbers 414201, 413856 and 319053), and containing approximately 1. 8 acres, from "RS-2" Suburban Residential to "RS-l" Suburban Residential classification, subject to an agreement between the City and the applicant pursuant to Section 39 of the Community Planning Act, tying the development to the applicant's proposal, namely:- (1) that not more than two horses will be kept on the property; (2) that animal feed will be kept and manure stored and disposed of in the manner proposed, and (3) that the stable will be located no closer to the property lines than proposed, be read a second time. I Question being taken, the motion was carried. Read a second time the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John and Amendments Thereto". On motion of Councillor Gould Seconded by Councillor Knibb I RESOLVED that the correspondence regarding the above-proposed re- zoning be received and filed. Question being taken, the motion was carried. Read a letter from Mayor Wayne noting that the suggestion of courtesy parking tickets being issued to visitors to our City was considered by Council on July 18 and August 8, 1983, and recommending that this matter be pursued in view of the submitted letter from a visitor from Calgary, Alberta. The Mayor expressed the understanding that the Chief of Police has written a letter of apology ~ and returned the remitted fine to Mr. MacLean of Calgary and she noted that, although this is one approach that can be taken in matters of this nature, there should be a method in practice to accommodate tourists to the City to avoid their being subjected to traffic violation fines. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above matter be referred to the City Manager for report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that Mr. Charles Robichaud is hereby appointed Commissioner of Engineering and Works for the City of Saint John, effective November 15, 1983, subject to meeting the necessary City medical requirements and further that such appointment be at an annual salary of $48,000.00 to be reviewed following a twelve-month probationary period. Councillor Murray, speaking in opposition to the above motion, expressed the opinion that there are members of staff who qualify for the subject position. Councillors Gould and Poley concurred with Councillor Murray in this regard. Question being taken, the motion was carried with Councillors Gould, Murray, Poley and M. Vincent voting "nay". Consideration was given to a letter from Mayor Wayne submitting a copy of a letter to Century ~ Taxi from The Rocca Group Market Square Development Limited regarding taxi service to Market Square. Her Worship the Mayor noted that it appears from the above letter that The Rocca Group Market Square Development Limited has issued a letter to all taxi companies in the City informing them they cannot park their taxicabs in the area of the North Market Wharf pedestrian plaza closure sign to Dock Street, nor with the exception of Vet's Taxi Company, can any other taxi company park on Market Square property and those not complying with such request will be served notice under the Petty Trespassing Act. The Mayor expressed concern that such action has been taken in view of Market Square being a cost- shared project of the three levels of government thereby making it, in her opinion, accessible to any taxi company. The Mayor referred to what appears to be a relocation of gates 'from Market Square property I to City property in the subject area and asked the City Manager what he proposes 'to do to rectify this situation. Mr. McDermott advised that the subject gates will be moved to their former position on October 25, 1983. Councillor Knibb expressed the opinion that, in view of what the public may consider a confrontation between the City and Market Square in this matter, the above letter should have been considered by Council in private session. (Councillor Gould withdrew from the meeting during the foregoing discussion.) On motion of Councillor Knibb I Seconded by Councillor Murray RESOLVED that the above matter be referred to the City Manager and Legal Department for report and recommendation. Mr. McDermott, in compliance with a request of Councillor M. Vincent, agreed to provide Council with a transcript of what takes place in resolving this situation. Chief Ross explained that the Chief of Police has the responsibility of designating taxi stands on public streets under the Taxi By-Law and he expressed concern that the management of the said company informed several taxi companies that, if they persisted in being in the area of Market Square, it would have the Police Department invoke the Petty Trespassing Act and he noted that this Act has no application except within mall areas ~ etc. Chief Ross expressed the opinion that all taxi companies should have the right, upon being requested, to pick up and deliver in any part of the City and he stated that he will ensure that there is no obstruction from this time on in that regard. Mr. McDermott, replying to a query of the Mayor, advised that the situation with respect to North Market Wharf becoming a public street will be finalized upon the signing of the third amending agreement which is expected to occur by the first week of December. Question being taken, the motion was carried. ~ ,... 147 On motion of Councillor Schermerhorn ~ Seconded by Councillor Knibb RESOLVED that for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt D. Hatfield, Ltd. - equipment rental (Water Dept.) - equipment rental (Works Dept.) Carp's Septic Tank Ltd. - equipment rental - equipment rental as recommended by the City Manager, authority be granted October 13-19, 1983 $58,040.06 October 1-15, 1983 1,532.84 October 1-15, 1983 16,277.79 October 3-14, 1983 7,980.00 August 23-30, 1983 $ 5,760.00 (Councillor Poley withdrew from the meeting.) I Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a form letter, which has been in use for SOme years and which explains the procedure followed in closing off fire lanes and transferring title of same to abutting property owners, and noting that, as the Land Committee has been abolished, a recommendation regarding fire lanes would now come from the City Manager -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb ~ Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding a problem in terms of property ownership and road right-of-way with respect to Mallette Road, which was discussed by Council at its September 26, 1983 meeting; explaining that Mallette Road was not constructed in accordance with the right-of-way and houses which were constructed along same reflected the way the road ran, and in 1978 the owner of the property at 129 Mallette Road, after having a surveyor layout his property, constructed a fence along the legal street line, however the fence constructed is on the road and leaves only approximately 12 feet of the chipseal pavement for the passage of traffic thereby creating a winter maintenance problem and a traffic hazard; advising that there are four other properties on which the present roadway encroaches and the solution recommended by staff is to attempt to obtain a narrow strip from these property owners so as to end the actual roadway encroachment, following which the fence can be moved back thereby restoring the roadway to a reasonable width, the estimated cost of which would be $6,000.00; also advising that the Legal Department is examining the situation to determine whether the encroachment of the road has established any rights over private lands, and recommending that action be taken to acquire title to the lands on which the existing roadway of Mallette Road encroaches -- be received and filed and the recommendation adopted. I Mr. Barfoot, replying to a query of Councillor Flewwelling, advised that the original survey was the responsibility of the developer of the subdivision during the time the subject area was a part of the Parish of Simonds and not within the City boundaries. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVDD that the letter from the City Manager submitting a copy of a letter from Mr. Ray E. Thompson, Chief of Rehabilitation Services, advising that Canada Mortgage and Housing Corporation has advised of an increase in the City's 1983 Residential Rehabilitation Assistance Program allotment in the amount of $135,000.00, which is for the rental portion of the funding allocation due to the fact that the major portion of the RRAP activity in the Saint John area is in that category -- be received and filed. ~ (Councillor Poley re-entered the meeting.) Mr. Thompson, replying to a query of Councillor Vaughan, confirmed that the allotted RRAP funding is expected to be fully committed by the November 30, 1983 deadline. Question being taken, the motion was carried. I Read a letter from the City Solicitor submitting proposed amendments to the Traffic and Parking Meter By-Laws with regard to Prince William Street, which were given first and second readings at Council's meeting of October 17, 1983, advising that third reading is now in order. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking restrictions on Prince William Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. The by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb ~ Seconded by Councillor Davis RESOLVED that the by-law entitled "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with regard to Prince William Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. ..... 1413 ~ The by law entitled A By-Law to Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances" was read in its entirety prior to adoption of the above resolution. ~ Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submtted applica- tion of Elmer Soucy have been completed and that the required waiting period for objections expired on October 12, 1983 and no written objections have been received. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. Elmer Soucy for an amendment I to the Municipal Plan and re-zoning of property on Golden Grove Road, be referred to 'the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising in this regard, with the public hearing to be held on November 21, 1983. Questio~ being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that the item from the Recreation and Parks Department regarding minor associations charging admission at arenas, be received and filed. I Councillor Vaughan noted that the Recreation and Parks Advisory Board took into consideration the difficulty minor associations are having raising funds and, although it has been the practice to disallow groups paying the youth rates for the use of arenas to charge admission to events such as tournaments, this has been changed to permit such groups, including interscholastic hockey groups, to charge admission. Mr. Brownell, replying to a query of Councillor Murray regarding the anticipated lost revenue, noted that the commercial rate is $66.00 per hour in comparison with the youth rate of $22.00 and that an estimated $1,000.00 revenue loss is anticipated. A brief discussion ensued with _ respect to rates charged by the Lord Beaverbrook Rink and with regard to the submission of financial ~ statements by the Interscholastic Hockey Association to the above-mentioned Board. Mr. McDermott, in compliance with a request of Councillor M. Vincent, agreed to report to Council at its next meeting on the matter of ice rentals at the Lord Beaverbrook Rink. Question being taken, the motion was 'carried. 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 I - Your Committee begs leave to report that it sat on October 17, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and A. Vaughan, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the Commissioner of Finance be authorized to advance funds to the Trade and Convention Centre in 1983 to cover the projected net operating deficit of $461,067.00. 2. That the request of the City Works Department Panthers Hockey Team for Common Council to either sponsor or donate $500.00 to the said team, the latter to be put toward the cost of ice rentals at City-owned rinks, be denied. 3. That the request of Thistle-St. Andrews Curling Club for financial assistance with respect to its Second Annual Riverboat Classic curling bonspiel, be denied. ~ 4. That with regard to the offer of Mr. Gerald Walsh to sell property on Sands Road, Council approve the recommendation of the City Manager that, because of the remoteness of the subject property from the City's watershed area, this property not be purchased and that Mr. Walsh be so advised. 24 October, 1983 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h a i I' man. Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. I ,On motion of Councillor Schermerhorn Mr. McDermott, at the request of the Mayor, explained that approximately $202,000.00 was budgeted for the operating loss of the Trade and Convention Centre,-however because the number of events has not produced the anticipated revenue there will be a net operating loss increase of / $259,042.00 to December 31, 1983, which means that the total deficit for the operating loss is $461,067.00. A brief discussion ensued regarding a forthcoming report from the Mayor concerning the outcome of a meeting with the mayors of the surrounding municipalities, the projected operating loss of the Trade and Convention Centre for 1984, which the City Manager noted is anticipated to be much the same as for 1983, and the outlook with respect to the Centre for 1985. I Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that section 2 of the above report be adopted. ~ Question being taken, the motion was carried with Councillors Schermerhorn and M. Vincent voting "nay". .... II"" '~149 On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was lost, a tie vote having been created with Councillors Flewwelling, Gould, Murray" Vaughan and M. Vincent voting "nay". On motion of Councillor-M. Vincent I Seconded by Councillor Murray RESOLVED that with regard to the request of Thistle-St. Andrews Curling Club for financial assistance with respect to its Second Annual Riverboat Classic curling bonspiel, a grant in the amount of $500.00 be approved. Question being taken, the motion was carried with the Mayor and Councillors Davis, Poley and Schermerhorn voting "nay". On motion of Councillor Gould 1 Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a street widening of 16.5 feet and accept the sum of $2,700.00 in lieu of land for public purposes with respect to the PeeteI' and Tom Vihvelin Subdivision on Keans Road. ~ Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the Saint John Housing Commission, the contract for window retrofit of the fifty-four housing units at Rockwood Court be awarded' to Shamrock Construction Ltd., in the tendered amount of $139,977.00. 1 Councillor Murray questioned why, in view of Restran Ltd. being the low tenderer, this company is not being considered for the above project. Mr. McDermott expressed the understanding that this company is relatively new and has not performed projects of this nature or size'previously, 'therefore the above-named company is being recommended for the contract based on its past performance: Councillor Murray expressed the opinion that Restran Ltd., being the low tenderer, should be awarded the subject contract. Councillor Knibb, a member of the Saint John Housing Commission, expressed the understanding that, as the above project requires work to be carried out while occupancy continues in the housing units concerned, it is more feasible, as noted by the consulting engineer in the above letter, to take the more secure route and have such work carried out by an experienced company. Question being taken, the motion was carried with C,ouncillor Murray voting "nay". On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from Mrs. Joan O'Blenis, Sales Representa~i' tiveoof Central Trust Company, offering property for sale at 497 Sandy Point Road at the price of $25,000.00 -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor 'Schermerhorn 1 Seconded by Councillor Gould RESOLVED that the letter from Carol and Paul Burchill regarding the possible encroachment of their property on City property, 237 Loch Lomond Road-Margaret Street, expressing the understanding that a chain link fence being constructed on a play area will pass through their property and questioning how this matter can be resolved -- be referred to the City Manager for a report and recom- mendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from Mr. A. Kelly requesting correction of a flooding problem on his ,property at 28 Rockcliff Street which is caused by a water runoff from McLeod Street be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb , RESOLVED that the letter from CA Engineering Services regarding the City's Noise By-Law, offering its services as a consultant to those responsible for drafting and implementing such a by-law -- be received and filed. ~ Question being taken, the motion was carried. ll... ~ 150 On motion of Councillor Knibb Seconded by Councillor Schermerhorn _ RESOLVED that the letter from Saint John Hearing Society ~ Inc. regarding the request of the Department of Community Planning and Development for the Saint John Association for the Deaf to subdivide its premises at 55 Canterbury Street, requesting Common Council to seriously consider the Association's request to retain its present location -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the North End Improvement . Association expressing concern with respect to the dumping of old cars on vacant lots, particularly the vacant lot between Albert and Elgin Streets, and also regarding the difficulty caused pedestrians by the bottle exchange's placement of merchandize and signs on the sidewalk near the said lot, and requesting by-law enforcement in order to resolve these problems -- be referred to the City Manager and By-Law Enforcement Officer for action. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the supply of steam heat to the Old Post Office building, invoice payment to Public Works Canada for same having been tabled at Council's meeting of October 11, 1983, explaining that the 'Department of Public Works was requested to pay for the cost of repair of inspection holes, which were drilled in 1977 as part of a detailed study and assessment of six City-owned heritage buildings, such repair estimated to be between $5,600.00 and $6,600.00, however the responsibility for such repairs and the costs thereof was never finalized, and advising that this matter will be discussed by Public Works Canada with its regional office following which a further report will be submitted to Council -- be received and filed. ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the letter from the City Manager submitting copies of the original act of incorporation and amendments thereto of the Exhibition Association and recommending that the Mayor and Common Council exercise the privilege to vote at all future meetings of the Exhibition Association of the City and County of Saint John for the period during which they are members of the Association -- be received and filed and the recommendation adopted. I Councillor Flewwelling noted that the above report is not what he requested during discussion of this matter at Council's last meeting and he questioned when copies of the Association's by-laws, which is what he is requesting, will be available to Council members. Mr. McDermott advised that he requested a copy of the by-laws from Mr. Charles Swanton, an officer of the Exhibition Association, however Mr. Swanton informed him that, although he is unable to'provide copies of the by~laws to Councilor to the City Manager, he would provide such by-laws to individual Council members who are members of the Association. Mr. McDermott advised that Mr. Swanton has assured 'him that a meeting of the Exhibition Association will be held prior to the end of 1983, such meetings normally being advertised in the newspaper, with members of the Association receiving twenty days' notice of such meeting. Councillor Vaughan suggested that the request should be made to the Association that such meetings not be held on Monday nights so as to avoid a conflict of time with the Council members. Question being taken, the motion was carried. ~ On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager providing information regarding repairs found necessary and/or completed on a unit #665 twenty-ton float, such matter having been discussed at Council's last meeting, stating that the unit returned to service on October 14, 1983 with the hope that it will be available for service until the end of the year, and noting that this float is one of the most urgent needs for replacement and is so recommended as a priority replace- ment in the list prepared for equipment replacement this year -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding private roads, such matter having been considered by Council during discussion of the request from residents of the Martinon and Morna area for improvements to roads in the area, noting that the submitted information in the report of December 4, 1980 was adopted by Council in open session of February 7, 1983 -- be received and filed. I Councillor Poley questioned what the City Manager proposes w~th ~espect to the ~bove-mentioned requests for road repairs to Atkins Roadway, Victoria Street and Highfield Avenue, to which Mr. McDermott replied that, if the residents wish such work to be done, the City is prepared to pay the necessary legal, engineering and planning costs, however the residents would be required to give the land to the City and pay for the cost of the work, as well as any surveying costs incurred. A brief discussion ensued during which time the Mayor suggested that the Council Engineering and Works Committee should review the policy regarding private roads and make recommendations to Council with respect to any proposed changes therein. ~ Queston being taken, the motion was carried. ~ II"" 1~i ~ The Mayor referred to a report from the Tourism and Public Relations Department (copies of which were forwarded to Council members as an information item) regarding tourism statistics, including increase in the number of tourists, conventions, conferences, etc. to the City, which she suggested might be of interest to members of the general public, and she requested that ,this item be added to the agenda and considered at this time. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above report be added to the agenda. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED, that the above report be received and filed, Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Committee of the Whole. Question being taken, the motion was carried. ~~o~ff"r~ ~ At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the thirty-first day of October, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - I Messrs. A. ,G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering ,'::<:c; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. E. Nicolle, Director of Recreation and Parks; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; D. J. French, Director of Personnel; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Adam, Manager of Data Processing; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Captain Ralph Pilgrim, Pastor of The Salvation Army, offered the opening prayer. On motion of Councillor Knibb ~ Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on October 24, 1983, be adopted. Question being taken, the motion was carried. I Her Worship the Mayor extended congratulations to Mr. W. Butler, Chief Engineer of the Water & Sewerage Department, who was awarded the John D. MacCallum Memorial Prize, which is awarded to the student at the Saint John Campus of the University of New Brunswick who attains the highest grade in a course involving municipal government, and she noted that she had the pleasure of presenting this prize at the Fall Convocation and Awards Ceremony at the said University Campus earlier this date. The Mayor expressed the opinion that, in view of the fact that this award is being funded by friends of former Councillor MacCallum, it is especially fitting for a City employee to receive same on the occasion of its first presentation. I Her Worship the Mayor alluded to remarks reportedly made by Mr. Louis E. Murphy, Member of the Legislative Assembly for Saint John Harbour, to the effect that he was not receiving the desired co-operation from Common Council with respect to the construction of the Church Avenue Overpass and she referred to a petition from residents of the Milford-Randolph area, which is to be considered later in this meeting and advised that the tender for the Church Avenue grade separation will be advertised on November 4,1983. The Mayor expressed regret that Mr. Murphy made such statements and stated that, at no time, did Council do anything to hold back the building of the overpass and, in fact, took every step possible 'to proceed with this project. ~ Councillor Knibb referred to the presence in the Port of Saint John of a Soviet research vessel and proposed a motion, which was seconded by Councillor Flewwelling, that Common Council deplores the presence of the Soviet surveillance ship, the Akademik Sergey Korolyov, in the Port of Saint John at this time; that the City of Saint John requests the Federal Government to determine policy for the entrance of quasi-military vessels into Canadian water, and that Common Council confirms support for its neighbour and ally, the United States, in her role as guardian of the free world. In proposing this motion, Councillor Knibb noted that Council may be of the opinion that this matter is beyond its jurisdiction, however he expressed concern that this ship should be in the Port only two months following the Soviet's shooting down of a civilian South Korean airliner and also that it comes at a time when Canada's ally, the United States, is being criticized throughout the world for her policy in Grenada. Councillor Knibb clarified that it is not his intent to interfere with the entrance to the Port of any legitimate merchant ships which are taking on'cargo for delivery ... 152; .., to other parts of the world. Deputy Mayor Davis, speaking in opposition to the proposed motion, made the observation that the highly-visible satellite tracking dishes on this ship do not make it any more or less a spying vessel than any other vessel which enters the harbour, and he expressed the opinion that, if the City begins to categorize ships entering the Port and subsequently insists that such ships be boarded and examined before permitting entry, these vessels will go elsewhere thereby reducing the competitiveness of the Port of Saint John. Councillor M. Vincent suggested that Council should first determine on whose and what authority this Soviet ship is in the Port to which the Mayor replied that it is her understanding that officials of Ports Canada-Port of Saint John have no objection to the presence of this ship in the Port and that a policy exists at the present time which gives ships the 'right to enter a port for the purpose of taking on water and supplies and she suggested that this matter be referred to Ports Canada - Port of Saint John for review and report to Council with respect to what, if any, action should be taken. Discussion continued briefly during which time Councillors Knibb and Flewwelling agreed to alter their proposed motion. ~ I On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that, in view of the presence of the Soviet surveillance ship, the Akademik Sergey Korolyov, in the Port of Saint John at this time, Common Council requests the Federal Government to determine policy for the entrance of quasi-military vessels into Canadian waters, and that Common Council confirms its support for its neighbour and ally, the United States, in her role as guardian of the free world. 1 Question being taken, the motion was carried with Deputy Mayor Davis voting "nay". (Councillor Gould withdrew from the meeting.) At the request of Councillor Knibb, a member of The Bi-Capitol Project Inc., the Mayor commented briefly on the closing event this group is sponsoring in its fund-raising efforts to pur- chase the former Capitol Theatre for use as a performing arts centre, that being the drawing of a thousand-prize raffle to be held on November 2, 1983, and she extended best wishes for success to this group in meeting its objective of raising $1 million. Councillor M. Vincent suggested that, in view of the excessive heat thereby making it uncom~ol'c' .~ fortably warm in the Council Chamber, staff should, prior to each Council meeting, ensure that the conditions in the Chamber are in order. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Manager for action. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan I RESOLVED that the letter from Mayor Wayne regarding the air pollution problem in the eastern section of the City, expressing the need to attempt to find a solution to this problem and recommending that Common Council request a meeting with the Provincial Department of Environment in order to determine where the problem lies and what steps the Provincial Government is planning to take to rectify the situation -- be received and filed and the recommendation adopted. Councillor Murray questioned if the above discussion will include the west side of the City to which the Mayor replied in the affirmative. Question being taken, the motion was carried. On motion of Councillor Poley Seconded by Councillor Schermerhorn ~ RESOLVED that the letter from Councillor Poley advising that a number of residents have indicated that the Manawagonish Road/Klerstead Road intersection is dangerous and becoming more so due to increased traffic flow in the area and recommending that the City Manager investigate possible solutions and report to Council -- be received and filed and the recommendation adopted. ' Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt October 20-26, 1983 $66,273.08 Mr. McDermott advised that, of the above amount, $38,534.07 will be funded by the Provincial Government as it relates to resurfacing of the river road. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by granted for payment of the following construction progress certificate, the City Manager, authority be namely:- 1. Alexandra School Landscaping Maritime Sod Ltd. Landscaping and street closure Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated October 21, 1983 Final holdback release $13,415.00 9,971. 00 Nil 8,475.35 1,495.65 ~ ~ ". 153 Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the contract for Shamrock Park reconstruction be awarded to the low tenderer, Que-M~, Construction (Maritimes) Ltd., in the amount 01'$142,509.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. I On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the tender for the sale of approximately 280 cords of wood, presently' stored at the Howe's 'Lake 'landfill site, advising that the high bid received amounts to approximately $20.27 per cord, which is substantially below the amount anticipated by the City, and recommending that the two tenders received, those being from Wayne Hunter and W.H.O. 's Painting Ltd., be rejected and that the wood be offered for sale, on a lump-sum basis, again early next summer -- be received and filed and the recommendation adopted. I ~ Discussion ensued during which time Mr. McDermott pointed out that wood has been sold in the past for approximately $85.00 to $90.00 per cord and that the selling price considered for this year was $95.00, and further that it ,was necessary to cut a quantity of the above wood in clearing of the watershed property, and he re-iterated his request to retain the wood for another year following which time an attempt would be made to sell same for between $90.00 to $95.00 per cord delivered. The cost 'concerned with respect to surveillance required should the wood be retained was discussed and Mr. McDermott suggested that, although such cost would not be great, upon Council's approval persons wishing to purchase wood could do so at $95.00 per cord delivered. Councillor Knibb suggested, and Councillor Flewwelling concurred, that the City Manager's latter suggestion should be added to the above-proposed resolution. Discussion continued regarding the various lengths of wood which could be cut to accommodate persons wishing to purchase same and the Mayor suggested that this matter should be referred to the City Manager for a full report with respect to the amounts to be charged for the various lengths of wood. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for a further report to Council at its next meeting. I Councillor Murray questioned what information was included on the tender advertisement and whether or not there is a possibility that the prices tendered are adequate with respect to what was advertised to which Mr. Barfoot replied that staff is of the opinion that most persons requiring wood had already obtained same earlier in the season and prior to the above tender call and he re-iterated staff's recommendation that the wood be stored and sold next year. Question being, taken, the referral motion was carried with Councillors Murray and Schermerhorn voting "nay".- On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the tender of Atlantic Colas Ltd. be accepted for supplying 750 tons of cold mix asphalt, at a price of $32.00 per ton. Question being taken, the motion was carried. On motion of Councillor Murray ~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of White Refrigeration Services Ltd., in the amount of $19,062.00, be accepted for the supply and installation of an airconditioning system for the City's computer room. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender for the supply of water and sewerage concrete products, for the period commencing December 1, 1983 until November 30, 1984, be made in accordance with the recommendation contained in the submitted bid summary. Mr. McDermott, replying to query of Councillor Knibb, stated that he has no explanation as to the reason for the substantial increase in prices submitted in comparison with those tendered in 1982, however he agreed to determine same for Council's information. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, McCully Brothers Auctioneers be employed, for the sum of $1,250.00 plus advertising, to conduct the City's equipment auction and that the sale date be November 12, 1983. Deputy Mayor Davis expressed the opinion that the monetary results of an auction are normally better when the auctioneer receives a portion of the total monies received from same. ~ Question being taken, the motion was carried with Deputy Mayor Davis and Councillor Poley voting "nay". ... 15-4\ ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the request of the Benevolent & Protective Order of Elks of Canada, Saint John Lodge #79, for extended parking meter time on Prince William Street, between Princess and Duke Streets, which was considered by Council at its meeting of September 12, 1983; noting that the purpose of the parking restriction is to allow for street sweeping and snow removal by a night shift crew which commences operation at 11:00 o'clock p.m. and, with the metered spaces clear at midnight, the work can be done effectively and , efficiently, however if the metered spaces are not clear until 2:00 o'clock a.m. or 3:00 o'clock a.m., such areas will require a second pass by the men and equipment, which can only be accomplished by either eliminating another service or increasing the budget for the service, and recommending that, in the interest of effective and economical street cleaning, no change be made in the midnight no parking restriction at meters -- be received and filed and the recommendation adopted. ~ I Councillor M. Vincent expressed the opinion that attempts should be made to accommodate businesses in the City which do not have private parking lots in order to prevent such companies from losing their clientele due to inadequate parking facilities and that he is unable to accept completely the fact that the street-cleaning operation is that adversely affected by having certain areas in the City where persons could park on the street until at least 1:00 o'clock a.m. Question being taken, the motion was carried with Councillors Vaughan and M. Vincent voting 1 "nay". On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager submitting a copy of a letter from Mr. Rod Crowther, agent for the Royal Trust Corporation, regarding an offer to sell a parcel of waterfront property located at Swift Point, Dominion Park, which adjoins City-owned property, and recommending that this matter be referred to staff for investigation -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. ~ Read a letter from the City Manager advising that Mr. Charles Whelly, solicitor for the Estate of William Edward MacKinnon, has requested that the City grant an easement to permit the building located at 51 Morgan Road, which encroaches on the said road, to remain in its present location, such easement to terminate upon the building's removal from the area affected; noting that the City has acceded to similar requests in the past and recommending the adoption of the submitted resolution. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that an easement be granted to the Estate of William Raymond MacKinnon for the encroachment of the building located at 51 Morgan Road upon the said road as shown on a Survey Certificate prepared by Fulton Surveys Ltd. dated June 9th, 1983, such easement to terminate upon the demolition or removal of that portion of the building encroaching upon the road. 1 The Mayor requested the City Manager to investigate a matter involving the placement of a sign, apparently by a property owner in the area, on a portion of the above street right-of-way. '{ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding a request from residents that parking be restricted on both sides of the entire length of Ridge Street as:they are concerned about the continuing expansion of Soucy's Auto Service which results in that business using both sides of the street to park vehicles that cannot be stored on the premises, submitting ~ a proposed amendment to the Traffic By-Law and recommending that first and second readings be given the proposed amendment and that it be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Question being taken, the motion was carried. I Read a first time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amend- ments Thereto". On motion of Councillor Murray Seconded by Councillor Poley RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. I Question being taken, the motion was carried. Read a second time the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amend- ments Thereto". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificates, namely:- ~ ~ I""" 15:5 1. Market Square Development CCI #4 ~ Decorative Pool Ocean West-Way Construction Ltd. Construction of decorative pool facility Current budget allotment Total work done, Estimate Number 13 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 13, dated October 28, 1983 Final release of holdback $307,903.25 307,812.46 Nil 307,403.25 $ 409.21 ~ I 2. Market Square Development - CCI #14 Masonry and Tile Sidewalk Finishes Saint John Tile and Terrazzo Co. Ltd. Construction of sidewalk surface finishes Original estimated value of contract Total work done, Estimate Number 6 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 6, dated October 28, 1983 Final release of holdback $168,390.00 168,390.00 Nil 164,939.99 $ 3,450.01 I Mr. McDermott, replying to a query of Councillor Flewwelling, confirmed that the decorative pool is that within which the Tugboat Lounge is situated and that it is the responsibility of Rocca to repair this pool so that it retains water. Question being taken, the motion was carried. ~ Read a letter from the 'City Manager recommending that the tender for the supply of sand, gravel, ,aggregates, loam and landfill cover material be awarded in accordance with the recommendation contained in the submitted bid summary. The Mayor requested that items 4 and 5 be withdrawn from the above bid summary as staff will be reviewing these items and reporting to Council at its next meeting. Mr. McDermott referred to 9(a) and 9(b) and advised that, as Chitticks' pit is at Saint's Rest and Galbraith's pit is on Bay Street with a haul involved to the project of 11.7 and 9.2 kilometers respectively and when the total cost of a truckload of fill is computed, including the operation of the truck and the purchase of fill, it has been determined that it is less expensive to purchase from Galbraith Construction Limited rather than from Chitticks, (1962) Ltd. as recommended above. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the tender for the supply of sand, gravel, aggregates, loam and landfill cover material be awarded in accordance with the recommendation contained in the submitted bid summary, eliminating items 4 and 5 pending a report from the City Manager at Council's next meeting and changing items 9(a) and 9(b) to indicate that such award will be made to Galbraith Construction Limited rather than to Chitticks (1962) Ltd. as indicated. Mr. 'McDermott, replying to a query of Councillor M. Vincent regarding the reason for eliminating items 4 and 5 above, explained that staff is reviewing the need for using only limestone. Councillor M. Vincent questioned the reason for the higher tenderer being recommended for the award of these two items to which the Mayor expressed the understanding that either company's product is suitable thus the reason she requested that the supply of these items be reviewed further. Mr. Barfoot, replying to a query of Councillor Vaughan, explained that all three tendered prices are being kept open for the supply of pit run gravel, crushed gravel and sand in order to take advantage of which ever pit 'is closer to the project requiring the material. ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding Christmas decorative lighting, which was considered by Council at its meeting of August 15, 1983 at which time it was resolved that no new Christmas decorative lighting be purchased at this time and that a competition be held to encourage downtown merchants to do their own Christmas decorating, advislng that the Central Business Development Corporation is not supportive of this idea and that an interim proposal, as indicated in the submitted letter from Mr. J. J. Donahue, General Manager of The Power Commission of the City of Saint John, has been developed for decorative lighting in the City, including suggestions for lighting on King Street, Market Square and Dock Street to Union Street, such lighting to cost approximately $30,100.00, and recom- mending that Mr. Donahue's Christmas decorative lighting proposal be approved -- be received and filed and the recommendation adopted. ' '" I In proposing the above motion, Councillor Schermerhorn suggested that discussions be held with the Power Commission in an attempt to obtain cost sharing for this decorative lighting program. Mr. McDermott explained that the above lighting includes the areas that have been decorated in other years, such as Haymarket Square, Main Street, etc. which is included in the estimated cost of $19,400.00, as well as the lighting for the King Street, Market S~uare and Dock Street areas at an estimated cost of $10,700.00. Question being taken, the motion was carried. On motion of Councillor Knibb ~ Seconded by Councillor Gould RESOLVED that the letter from the City solicitor regarding proposed amendments to the Municipal Plan and Zoning By-Law with respect to property at 263 Germain Street, as requested by Saint John Construction Association Inc. and given first and second readings at Council's meeting of October 24, 1983, as well as to the question of the need for involvement of ' the Saint John Preser- vation Review Board as the property is situated in an area falling under the Saint John City Centre Preservation Area By-Law, expressing the opinion that the owner of such property is required to apply to the said Board for a Certificate of Appropriateness, therefore, Council should ask the Board for its views before enacting ll.. 158 ""'IIIIl the By-law having regard to the fact that the Planning Advisory Committee is recommending that conditions be attached to the subject re-zoning -- be received and filed and third readings of the proposed Municipal Plan and Zoning By-Law amendments be delayed for one week'to allow the Saint John Preservation Review Board the opportunity to present its views on this matter. ~ Councillor Poley noted the presence in the Council Chamber of Mr. Patrick Darrah, Executive Director of the Saint John Construction Association Inc., and suggested that he be invited to address Council in this regard. On motion of Councillor Poley Seconded by Councillor Knibb RESOLVED that Mr. Patrick Darrah be invited to address Council I at this time. Question being taken, the motion was carried. Councillor M. Vincent expressed the understanding that the above-mentioned Board does not become involved in matters of this nature unless the structure of the building is to be changed to which Mr. Rodgers replied that other sections of the Saint John City Centre Preservation Area By-Law refer to design changes and to proposed changes to existing open spaces and he re-iterated his opinion that the said Board should be asked for its views on this matter prior to third reading. The matter of proposed re-zonings in the Preservation Review Area was discussed briefly and it was suggested I that such applications should be reviewed by the Board prior to being presented to Council for consid~," ,C~0""c eration. Mr. Darrah addressed the above matter and stated that the Association was of the impression that it had complied with all the rules and regulations concerning its application and he requested Council to consider third reading of the proposed amendments at its next meeting. A brief discussion ensued regarding the possibility of the Board responding in a negative manner. Question being taken, the original motion was carried. ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto", insofar as it concerns re-zoning the site of the Ecole Samuel de Champlain on Ragged Point Road (L.R.I.S. Number 052845), from "RS-2" One- and Two-Family Suburban Residential and "R-IB" One-Family Residential to "IL-2" Major Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments I Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto" by redesignating a parcel of land containing approximately 2 acres with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard approximately 400 feet east of Linton Road (L.R.I.S. Number, 402826), from Light Industrial to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And ~ Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto", insofar as it concerns re-zoning a parcel of land containing approximately 2 acres, with a frontage of 200 feet and a depth of 450 feet, located on the southern side of Fairville Boulevard approximately 400 feet east of Linton Road (L.R.I.S. Number 402826), from "1-4" Heavy Industrial Park to "B-2" General Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the condition that a detailed site plan be submitted by the applicant and approved by the Deputy Commissioner of Community Planning. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments 1 Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto", insofar as it-concerns re-zoning three parcels located to the rear of 298 and 302 Westmorland Road (L.R.I.S. Numbers 414201, 413856 and 319053) and containing approximately 1. 8 acres, from "RS-2" Suburban Residential to "RS-l" Suburban Residential classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: ~ AND FURTHER that the said re-zoning be subject to an agreement between the applicant and .... ,...- 157 ~ 1 I ~ I ~ I I ~ .... the City of Saint John pursuant to Section 39 of the Community Planning Act, which agreement shall set-forth the proposal of the ,applicant, Miss Christine McCaig, and provide among other things that the development of the subject property be in accordance with the matters specified in such proposal including the following:- (1) not more than two horses will be kept on the property; (2) animal feed will be kept and manure stored and disposed of in the manner proposed; and (3) the stable will be located no closer ,to the property lines than proposed. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto" was read in its entirety prior to adoption of the above resolution. . 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 begs leave to report that it sat on October 24, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City ,Manager, the Police Department be permitted to adopt the NB Tel proposal to convert the Police Department radio system from VHF to UHF, which will allow for an increase in the number of channels available to the system, at an estimated cost of $25,000.00 annually, plus a one-time installation fee of $6,000.00. 31 October, 1983 Saint John, N.B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h a,i I'm a n. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above report be received and filed and that the recommendation therein be adopted. Chief Ross, at the request of the Mayor,- explained that it has been determined that additional channels are required, one particularly for the criminal investigation branch and that, should Council approve the above recommendation, the number of channels will be increased from two to four, and he added that it is hoped to increase the number of channels to six in the future which is the number considered adequate for this Police Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the letter from the Rockwood Park Advisory Board setting out its resolution of October 13, 1983 regarding the City's proposed conveyance of Rockwood Park property for non-park purposes, such resolution indicating that the Board of Directors of the Saint John Horticultural Association has decided that it will not oppose this transaction, although it is not in accord with the provisions and purposes of the Agreement between the City and the said Association by which the title to Rockwood Park properties was transferred to the City of Saint John, and suggesting that future transactions involving the conveyance of Rockwood Park properties be made in consultation with the said Association and the Rockwood Park Advisory Board and that financial gains to the City from the transfer or sale of any Rockwood Park property be used exclusively for capital expenditures within the Park -- be received and filed and that the Board and the Association be assured that Common Council will endeavour to comply with its suggestions. In proposing the above motion, Councillor Knibb referred to the suggestion that financial gains to the City from such transfers of property be used for capital expenditures within Rockwood Park and expressed the opinion that, in this instance, any such monetary gains will be used in the financing of the Church Avenue Overpass. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Environment Committee regarding the recently-enacted Noise By-Law, expressing the opinion that, although it is pleased that Council has acted on a previous recommendation of this Committee, it is unfortunate that such By-Law was prepared without consultation with this Committee as there are deficiencies in the new By-Law-- be received and filed and that the Committee be requested to forward its comments regarding the subject By-Law to Common Council. Councillor M. Vincent suggested that, in the future, an attempt should be made to involve those committees concerned in order to obtain their input into matters of mutual concern. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from The Saint John Bicentennial Inc. regarding Council's resolution of September 26, 1983 which authorized funding, with three conditions attached, for Tattoo 200-1984, submitting a 'copy of a memorandum from the Tattoo Committee which explains problems created by such conditions and recommends that Common Council withdraw totally the three conditions, that ticket prices for adults be increased to $10~00 and that the Tattoo 200 Committee be given the freedom to develop the'bus tour, senior citizen and family markets, that improvement to seating be accomplished by seat demarcation lines, and that, at this time, a sixth day not be considered; expressing the belief that, although the said group is unable to comply precisely with the said conditions, it is Council's wish for Tattoo 200-1984 to proceed, which is what it proposes to do unless Council advises to the contrary -- be received and filed and the recommendations therein be adopted. ~ ~58 Councillor Knibb suggested that a decision on the above matter be deferred in order that it can be discussed further with members of The Saint John Bicentennial Inc. at the forthcoming meeting regarding its 1984 budget. ~ On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table pending a meeting with members of The Saint John Bicentennial Inc. regarding its 1984 budget. Councillor Murray suggested that the above matter should be tabled pending review of the overall City budget. Councillor Poley expressed the opinion that, as Common Council has previously agreed to Tattoo 200-1984 being held, the matter should remain with The Saint John Bicentennial Inc. in order for it to carry out the project. I Question being taken, the tabling motion was carried with Councillor Poley voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Century 21 Clark & Sleigh Realty Ltd. offering to sell properties at 104-106 Princess Street and 31 Horsfield Street, for the sum of $30,000.00, be referred to the City Manager for a report and recommendation. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John University Women's Club requesting financial assistance with respect to the annual meeting of the Canadian Federation of University Women to be held in Saint John on August 15 to 18, 1984 -- be referred to the grants committee. ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the petition from re~~dents of the Mildord-Randolph area requesting to be officially advised when tenders will be called for construction of the Church Avenue Overpass and also requesting that, while waiting for the completion of the legal work in con- nection with the land exchange with the Irving interests, the City proceed at once to call tenders and commence construction of the piers and the work on the other end of the overpass and that an immediate start be made to change the utilities -- be received and filed and the residents be advised that the tender for the Church Avenue grade separation will be advertised on November 4, 1983. The Mayor read an excerpt from a letter received on June 20, 1983 from J. H. Galvin, Director of Railroad Relocation and Crossing Branch of Transport Canada, regarding an application regarding the Church Avenue Overpass which requires an updated estimate to be submitted to the Canadian Transport Commission following which the Commission will have to provide the Minister, of Transport Canada with a revised funding recommendation prior to final approval being given and stating that the maximum Federal contribution will be $1.6 million with the project expected to commence within six months and to be at least 60 per cent completed by April 1985. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Brian E. H. Baxter, ~ Executive Director of the Workers' Compensation Board concerning a potentially-dangerous traffic situ- ation on highway number 7 at the driveway entrance to the Workers' Rehabilitation Centre at the Saint JOhn/Grand Bay limits, requesting that turning and emerging lanes be constructed to alleviate the traffic congestion, the land required on the east side of highway 7 to be donated by the said Board -- be referred to the City Manager for investigation and subsequent recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the notice from the Liquor Licensing Board advising that the application of Hilton Canada Inc. for a trade and convention centre license, ,regarding premises at One Market Square, will be heard on November 4, 1983 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. Vh/? Al Y: t,(b~ Common Cler ~ ... ~ , iS~ At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of November, 'A.D. 1983, at 7:00 o'clock p.m. ~ present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent -~- I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner o~ Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; M. McCavour, Saint John Port Development Commission; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. 1 Father Joseph LeBlanc, Pastor of St. Pius X Parish, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on October 31, 1983, be adopted. Question being taken, the motion was carried. ~ Her Worship the Mayor extended best wishes for success to Miss Kendra Black, who, as Miss Saint John, is in Toronto, Ontario for the occasion of the Miss Canada competition. The Mayor commented briefly on the role which, in her opinion, Loyalist Days Inc. should play with respect to Miss Saint John in view of the fact that the Miss Saint John pageant is one of the Loyalist Days activities and noted that a telegram and flowers were sent to Miss Black on behalf of Common Council. (Councillor Gould entered the meeting during the foregoing remarks.) The Mayor advised that she has received a special bound volume of "100 Years The Royal Canadian Regiment 1883-1983", which is a pictorial history published to commemorate the 100th anniversary of The Royal Canadian Regiment, and she noted that this book is available for perusal by members of Council and the public in her office. I Her Worship the Mayor read a letter received from The Honourable Wilfred G. Bishop, Provincial Minister of Transportation, regarding COncerns of motel owners on Ocean Westway regarding signage, which was considered by Council at its meeting of September 26, 1983, advising that, in order to improve .the situation, a sign will be erected east of the Catherwood interchange which will indicate West Saint John, next three exits, and carry the food, fuel and accommodation logos, which is anticipated to improve the situation for the businesses on Ocean Westway. The Mayor requested the City Manager to forward a copy of this letter to the business concerns on Ocean Westway to determine if the action proposed by the Province will be sufficient, to resolve the matter. The Mayor noted that two new businesses will be opening in Saint John, namely, Canada Trust and ICG Brunswick Gas Company, and she also noted that the tender for the Church Avenue grade separation is now being advertised. ~ Councillor Poley requested that two items, one regarding the contribution made by a staff member to recent sessions for elected officials conducted by the Provincial-Municipal Council, the other concerning Paradise Row (copies of which were forwarded to Council members as information items), be added to the agenda for Council's consideration. On motion of Councillor Poley Seconded by Councillor Murray RESOLVED that the above-mentioned items be added to the agenda for Council's consideration at this meeting. I Councillor Knibb, a member of The Bi-Capitol Project Inc., referred briefly to the closing event recently sponsored by this group at the Trade and Convention Centre, and the Mayor extended congratulations to the members of The Bi-Capitol Project Inc. for their succes's in meeting their objective of raising over $1 million to be used to purchase and convert the former Capitol Theater for use as a performing arts centre. The Mayor noted that a reception was held by Common Council on October 6, 1983, in City Hall for the survivors of the HMS Jervis Bay. Question being taken, the motion was carried. I Her Worship the Mayor welcomed to the Council Chamber recipients of awards under The Duke of Edinburgh's Award in Canada Program, such program representing a challenge from Prince Philip to all young people between the ages of 14 and 25, offering them opportunities for broadening their interests and experience under adult guidance and assessment through participation in a balanced program of practical; cultural and adventurous activities chosen to suit individual aptitudes and related to local needs and conditions. The Mayor and Deputy Mayor made the following presentations:- Bronze Awards to Barbie Nason and Sherry Lockhart from the 2nd Saint John Pathfinders; John Pollock, Michael Daigle, Peter McLaughlin, Nadine Mullin, Tony MacRae, Jackie Benoit, Donald Fraser, Faith Hallett, Randy Spears, Kenneth Adams and Tracy Marshall from the 1691 Army Cadets; and a Gold Pinto Gordon Hancock from the University of New Brunswick-Saint John Campus. ~ Read a letter from Councillor Flewwelling requesting that a detailed report be presented to Council regarding the status of the sale of excess rock, which has been stockpiled by the City in various locations, from the construction of the North/South Arterial project. ~ 16@ """IIIl Councillor Flewwelling asked the amount of the monetary gain received from the sale of the above-mentioned rock material to which Mr. Armstrong replied that the final total that will be received from such sale, which was at a given rate per ton, is $100,243.14, and included in that total is the amount of $15,771.00 which has yet to be invoiced to the purchaser of this rock. ~ Councillor Flewwelling questioned if the said amount is that which was anticipated to be received to which Mr. Armstrong expressed the understanding that the total is actually higher than staff's estimate due to the fact that there was more rock in the stockpiles than anticipated, and he replied in the negative to Councillor Flewwelling's enquiry as to whether any topsoil was sold from the subject locations. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt October 27 & 28, 1983 - supply of asphalt October 31-November 2,1983 D. Hatfield, Ltd. - (Works Dept.) - equipment rental $24,698.38 7,777.55 October 16-31, 1983 $18,651. 51 Question being taken, the motion was carried. Her Worship the Mayor requested a report from the City Manager estimating the amount of sales tax paid on rented equipment. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Manners Sutton Road Storm Sewer Construction Fairvale Construction Ltd. Current budget allotment Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated November 6, 1983 Final holdback release $104,994.22 104,994.22 Nil 101,844.39 3,149.83 2. Young Street, Sherbrooke Street, Old Black River Road - Water and Sewer Construction Dean Construction Limited Supply and install approximately 2100' of 8", 12", 18" and 21" sewer pipe and 821' of 8" watermain Current budget allotment Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated November 2, 1983 Final holdback release $157,258.43 157,258.43 Nil 152,540.68 $ 4,717.75 3. Forest Hills Community Centre John Flood & Sons (1961) Ltd. To construct community centre building Original estimated value of contract Total work done, Estimate Number 9 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 9, dated November 2, 1983 Partial holdback release $349,600.00 345,853.12 5,000.00 330,477.53 $ 10,375.59 Mr. McDermott, replying to a query of Councillor M. Vincent, advised that there is a holdback on number 3 above for a mechanics' lien and confirmed that the construction of the subject community centre was completed satisfactorily. Councillor A. Vincent questioned the amount budgeted for number 2 above in view of the $157,258.43 being the tendered price thereon and also asked if the project exceeded the budgeted amount to which Mr. Armstrong noted that the term, current budget allotment, is used to indicate the actual tendered price. Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for sale of wood, which was considered by Council at its last meeting, advising that, because of the lateness of the season, the following prices are suggested for immediate sale purposes: - (1) mixed hardwood - 16" split at $90.00 per cord delivered; (2) mixed hardwood - 16" not split at $70.00 per cord delivered; and (3) mixed hardwood - 4' lengths at $50.00 per cord delivered, such prices to apply in the City of Saint John only, and recommending again that tenders be rejected and that the wood be retendered next summer, however if Council so desires, staff could proceed with immediate retail sale on a delivered basis. A motion was proposed by Councillor Gould and seconded by Councillor Knibb that the above tenders be rejected and immediate retail sales on a delivery basis be pursued. Councillor Flewwelling suggested that, due to the cost of trucking, a person be hired to assume the responsiblity of selling this wood at $80.00 per cord at the site, however Mr. Barfoot pointed out that the City is bound by union contract to hire Local No. 18 members on a recall basis or otherwise, therefore what the City would be faced with are more labour costs should this suggestion be pursued, and he re- iterated staff's opinion that a delivered basis is more feasible in order for the City to maintain control at all times. Councillor Flewwelling expressed the opinion that, rather than pay a driver, a helper and the costs of a vehicle, it would be better to engage a lower-paid City employee to sell the wood from the site. Mr. Barfoot noted that the estimated cost of delivery is $15.00 per I 1 ~ 1 ~ I I ~ .... ,. '16! ~ cord and suggested that this is the only fair manner in which to handle the distribution of such City material. The matter of the tender for the wood sale being advertised so late in the season was discussed as was the anticipated success of disposing of 4-foot wood lengths, and Councillor Schermerhorn expressed the opinion that the least expensive method to dispose of the above wood would be to award the tender, which was discussed at the last Council meeting, in the amount of $5,677.00, otherwise it might be desirable to place a person on the gate for one day and permit those wanting wood to pick it up free of charge. Councillor Murray concurred with Councillor Schermerhorn that the said tender should be accepted. Mr. McDermott, replying to a query of Councillor Knibb, advised that he has received no requests for wood as a result of the City's offer to sell same for $95.00 per cord at Council's last meeting whereupon Councillor Knibb withdrew as seconder of the motion and expressed the opinion that Council should proceed to award the tender as suggested. Councillor Gould suggested that, to avoid the confusion of involving City employees and in view of Council's concern with respect to loss of revenue, the wood could be offered to service clubs in the City to 'dispose of with the proceeds from same to be used in community service work. The Mayor disagreed with the suggestion that the wood be disposed of free of charge. Deputy Mayor Davis concurred with 'awarding the tender or giving the wood away at no cost. I On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the tender of Wayne Hunter, in the amount of $5,677.00, be accepted for the sale of approximately 280 cords of wood presently stored at the Howe's Lake dumpsite. 1 Councillor Vaughan questioned the anticipated amount to be received should the wood be sold on a delivered basis as indicated in the above letter to which Mr. Barfoot replied that the City would have an opportunity to break even on a unit basis providing the wood is sold at the prices set out in the above letter. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Gould and M. Vincent voting "nay". On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of various sized water meters be awarded in accordance with the recommendation contained in the submitted bid summary. The Mayor questioned if a meter for a fire hydrant on McAllister Drive has been obtained to which the City Manager replied in the negative and advised that a price on same would be obtained in the near future. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, the contract for 4th floor office tower renovations at the City Market building be awarded to the low tenderer, Darkil Construction Ltd., in the amount of $37,815.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. ~ Councillor Poley referred to a comment in the above correspondence to the effect that other contractors are reluctant to bid on work on a fixed price basis that is part of a renovation project containing many "unknowns", is complicated and time consuming, and questioned if this indicates that the City will be faced with extra costs on this contract due to such unknowns. Mr. Armstrong advised that it is very likely that extra costs will be encountered on this contract due to the fact that there is no contingency allowance on same and the nature of the project, and he estimated that no more than a 10 per cent increase is anticipated which is considered normal for this type of contract. Mr. Armstrong advised that it is expected that the overall City Market renovation project will be completed within budget. Mr. McDermott, replying to a query of Councillor Knibb, advised,that presently there is no tenant occupying the fourth floor of the City Market tower, however the above project is necessary at this time. Mr. Armstrong added that this particular contract was designed with the idea in mind that some further partition work, etc. could be done depending on a prospective tenant's needs. Councillor A. Vincent questioned the type of wall being replaced to which Mr. Armstrong replied that drywall will replace the former plaster walls. Councillor A. Vincent questioned why plaster walls were not installed in keeping with the former design and in view of the subject building being considered an historic site, and he suggested that tenders could have been advertised for bids to be submitted for either drywall or plaster walls. Question 'being taken, the motion was carried with the Mayor and Councillors Flewwelling, Gould and A. Vincent voting "nay". , On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the bid of N.S. Tractors Ltd. for supplying J.C.B. parts for #454 backhoe, at a price of $5,299.31, plus tax and freight, be accepted. Question being taken, the motion was carried. I On motion of Councillor Murray ~ Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding items 4 and 5 of the tender for the supply of sand, gravel, aggregates, loam and landfill cover material, which were eliminated from the award of same at Council's last meeting pending further information as to why the higher tender price was recommended, such items being 1/4" minus limestone and clear limestone respectively, the former being used by the City for particular applications such as surface reinstatement of water cuts during the winter months and the latter of which a small amount is used during the year for applications where good drainage is necessary; recommending that items' 4 and 5 be taken from the table and that item 4 be awarded as previously recommended, namely to Brookville Manufacturing Co., and that item 5 be awarded to Brookville Manufacturing Co. and to Steele's Trucking Limited -- be received and filed and the recommendation adopted. iii... ~ Jl~2 Councillor Schermerhorn questioned the fairness of the above recommendation in view of the difference in the specifications on which the subject companies tendered and he suggested that these companies be permitted to retender. Mr. McDermott noted that one company could supply limestone while the other company stated it was unable to do so. A brief discussion ensued during which time Councillor ~ M. Vincent suggested that this matter be referred to the City Solicitor for input. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table pending a report from the City Solicitor. Question being taken, the tabling motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the joint report from the City Manager and the Deputy Commissioner of Community Planning regarding Mr. Robert Wisted's request to maintain a directional sign at 167 Golden Grove Road to the Glenview Quik Mart on Glenview Avenue, which was considered by Council at its meeting of October 3, 1983, noting that the Zoning By-Law sets out the zones in which various signs are permitted and prescribes maximum sizes and, with the exception of poster panels, all signs shall pertain to a use on the property which is not the case in this instance; advising that, although Mr. Wisted's sign is classified as a poster panel and permitted in certain zones, it is not permitted along this portion of Golden Grove Road and, although it is not considered appropriate to amend the Zoning By-Law to permit this type of sign in the area in question, the Planning Advisory Committee can grant a variance from zoning requirements to permit the subject sign; and recommending that, while Planning staff is not in favour of the proposal, this matter be referred to the Planning Advisory Committee for a decision -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of The Piper Group, in the amount of $8,869.17, with regard to the purchase of an audio visual slide presentation to be used to promote the Port of Saint John, and that the Port of Saint John be invoiced for 50% of this amount. Councillor Knibb noted that Council recently had the opportunity to view the above-mentioned audio visual slide presentation and expressed the opinion that, although it is commendable, it is unfortunate that this project was given to a company in Nova Scotia while there are firms in Saint John capable of performing this work as well. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Keystone Printing & Lithographing Ltd., in the amount of $8,165.19, for the printing of the Saint John Port Directory. Councillor A. Vincent expressed the opinion that the Saint John Building & Construction Trades Council should be listed among the other union groups on page four of the Port Directory and as well the subject groups should be required to pay for such advertising. Deputy Mayor Davis referred to the reference in the above correspondence to the re-run of a four-page signat1lre and questioned who was at fault with regard to this error which resulted in additional costs to which Mr. McCavour replied that the Port Development Commission was responsible for same. Councillor Vaughan expressed the opinion that a project of this nature, especially in view of it being printed yearly, should not have resulted in a budget overrun. ~ Question being taken, the motion was carried with Councillor Vaughan voting "nay". Read a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law with regard to Ridge Street, which was given first and second readings at Council's meeting of October 31, 1983, advising that third reading is now in order. Consideration was also given to a letter from Mr. Donald Soucy of Soucy's Auto Ltd. objecting to above-proposed amendment insofar as it will prohibit parking on the east side of Ridge Street, which is adjacent to his property at 217 Westmorland Road, pointing out that the vehicles parked in the subject location do not belong either to him or his employees, however they may belong to his customers, and requesting that Council consider leaving the parking regulations as they presently exist. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking restrictions on Ridge Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I ~ Councillor Vaughan expressed the opinion that parking restrictions on only one side of the above street should control the situation adequately. Question being taken, the motion was carried with Councillors Murray, Vaughan, A. Vincent and M. Vincent voting "nay". The by-law entitled "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read _ in its entirey prior to adoption of the above resolution. ~ .... ,... 163 On motion of Councillor Davis ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Donald Soucy of Soucy's Auto Ltd. objecting to the enactment of a Traffic By-Law amendment with respect to parking restrictions on Ridge Street -- be received and filed. Question being taken, the motion was carried. 1 Consideration was given to third readings of a proposed Municipal Plan amendment and re-zoning of property at 263 Germain Street, as requested by the Saint John Construction Association which had been delayed for one week at Council's last meeting to allow for the Saint John Preservation Review 'Board to present its views on this matter. 1 Consideration was also given to a letter from the Saint John Preservation Review Board advising that the parking lot proposal for the above 'property has been reviewed and discussed with representatives of the Saint John Construction Association Inc. and it was resolved that the revised proposal, as submitted, is acceptable to the Board in that it provides for a 3-foot hedge to act as'a screen for the parking lot; expressing the opinion that, the confusion over this matter may have been avoided had this Board been provided with a planner as requested in February 1983 upon Mr. K. Kelly's resignation from the Planning Branch of the City as the absence of a planner has resulted in a lack of co-ordination with and input from that Branch regarding decision making, and appealing once again to Common Council for the assignment ,of a planner to the Heritage Preservation Review Board. on ,motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled "A Law To Amend The MUnicipal Plan By-Law Of The City Of Saint John And Amendments Thereto" to redesignate a parcel of land at 263 Germain Street (L.R.I.S. Number 5868), located on the southwest corner of Germain and Queen Streets, from Medium Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. ~ Question being taken, the motion was carried. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto" was read in its entirety prior to adoption of the above resolution. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto", insofar as it concerns re-zoning a parcel of land at 263 Germain Street (L.R.I.S. Number 5868), located on the southwest corner of 'Germain ,and Queen Street, from "IL- l" Neighbourhood Institutional to "B-2" General ,Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the condition that the use of the property is restricted to the offices of the Saint John Construction Association Inc. and requiring the submission of a detailed site plan for approval by the Deputy Commissioner of Community Planning with respect to parking, landscaping, signage and external building improvements or changes. Question being taken, the motion was carried. The by-law entitled "A Law To Amend The Zoning By-Law Of The City Of Saint John And Amendments Thereto" was read in its entirey prior to adoption of the above resolution. On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Preservation Review Board regarding the above amendments be received and filed. 'Y'.-'.~::.~~i..~_r,:' --01e".- :::'G ';:::::.:,:...c;, t() '~-I.(:; Councillor Poley referred to the request in the above letter for the assignment of a planner to the Board and suggested that Council should review this matter with the Department of Community Planning and Development. Mr. McDermott, replying to a request of the Mayor for a member of the Planning Branch to be in attendance at all future meetings of the Board, agreed to discuss this matter with Mr. Zides on November 8, 1983. ' , Question being taken, the motion was carried. I 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 I Your Committee begs leave to report that it sat on October 31,1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. ,That as recommended by the Nominating Committee, Mr. Barry R. Morrison be appointed to the Saint J9hn Transit Commission for a term to expire June 30th, 1985, replacing Mr. Douglas Colwell, resigned. ~ 2. That the letter from the City Manager advising that a request has been received from Mrs. Elizabeth Porter to purchase a" section of a proposed roadway located between Duck'Cove Lane and Seacliff Lane; and recommending that Mrs. Porter be advised that the property is required by the City and therefore is not for sale -- be received and filed and the recommendation adopted. 3. That as recommended by the City Manager, permission be granted to N.B. Tel to install an anchor on City property near the Hilton Beyea Arena, and that N.B. Tel be advised to contact the Engineering and Works Department to advise when they plan to make the installation in order to ensure that proper procedures are followed. .... 16j b ~ 4. That as recommended by the City Manager, Mr. William Todd be seconded from Canada Mortgage and Housing Corporation for a period of three years at his present salary of $42,000, plus 15 percent benefits. . 5. That as recommended by the City Manager, the space on the first floor of the Old City Hall Building, commonly called the "Committee Room", an area of approximately 654 square feet, being on the corner of Princess and Prince William Street, be leased to Country Treasures subject to the following terms and conditions: (1) the lease will be for a period of one year commencing on November 1, 1983; (2) the rent for the premises is to be $350.00 per month and is payable in advance; (3) the City will provide heat and electricity for the premises; (4) the tenant will be responsible for cleaning the premises, including window cleaning and removal of garbage; (5) the tenant will be permitted ,to paint and decorate the interior of the premises as they see fit, but any alterations such as partitions must receive prior approval of the Property Management Department; and (6) the lease may be terminated by either party upon receipt of one month's written notice. 6. That as recommended by the City Manager, the amount of $925.02 be approved for payment as the City's share of the cost of a dinner during the annual meeting of the New Brunswick Association of Chiefs of Police, held in Saint Johnin May 1983. 7. That as recommended by the City Manager, D.M.R. & Associates be engaged at a fee not to exceed $9,000.00 to undertake a study of information systems, as outlined in the submission of D.M.R. & Associates, dated October 3, 1983. 8. That the following recommendations of the City Manager regarding the rental policy for the Old Provincial building, Canterbury Street, be adopted, namely: (1) that authority be given to proceed with negotiations to establish new rental rates for commercial tenants in accordance with the report submitted by Mr. Robert Adams; (2) that the charitable and non-profit organizations presently occupying the Old Provincial Building be notified that commencing January 1, 1984 they will be charged a monthly rental corresponding to the cost of maintaining the space that they occupy; and further, that Council adopt a policy of full commercial rentals for all space, and that grants for charitable and non-profit organizations occupying space in City buildings will be considered on an individual and annual basis, with such policy to be implemented in i985; and (3) that Council confirm Staff's position with respect to renting to Gerry's Barber Shop a portion of the space occupied by the Saint John Association for the Deaf, at a rental of $200.00 per month. 7 November, 1983 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h a i I' man. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent suggested that the eastern section of the City should be represented on the Transit Commission and he requested the Nominating Committee to review this matter. (Councillor Gould withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for the Mayor and Common Clerk to execute the proposed agreement with Canada Mortgage and Housing Corporation authorizing the secondment of W. Todd at the salary and benefits stipulated therein provided that Council approves the terms of the agreement. , Mr. McDermott advised that the above agreement will be finalized with Canada Mortgage and Housing Corporation later this week and it will be brought before Council for its consideration on November 14, 1983. Councillor Poley, speaking in opposition to the above motion, noted that he voiced his opposition in Committee of the Whole during discussion of this matter and he expressed disagreement with the procedure of the secondment. Mr. McDermott, replying to a query of Councillor A. Vincent, explained that CMHC will second Mr. Todd to the City for a period of 36 months commencing on November 14, 1983 and terminating on November 14, 1986, such period which may be extended for such further periods of time as may be agreed upon by the parties to the agreement: Mr. McDermott referred to the indication that Mr. Todd's annual salary will be $42,000.00 and stated that this is incorrect as the City will reimburse CMHC during the secondment period for Mr. Todd's continuing salary, benefits and deductions, which is less than $42,000.00. Councillor M. Vincent expressed opposition to the proposed motion and questioned the total amount to be paid to Mr. Todd. Mr. McDermott advised that the total amount is $39,402.00 annually, plus benefits at 15%, the latter representing his pension etc., for a total package of approximately $45,000.00, and he pointed out that Mr. Todd will not be a member of the City's pension plan. Councillor Murray concurred with Councillor Poley's comments on this matter. Deputy Mayor Davis and Councillor Knibb spoke in favour of the proposed motion in view of the City's housing problem which Mr. Todd's expertise should assist in resolving. Councillor A. Vincent expressed concern that, following Mr. Todd's three-year secondment, he may not remain with the City and he suggested that Mr. Todd should be hired as a permanent employee. Mr. McDermott expressed the oplnlon that it is better for the City to second a person of Mr. Todd's calibre at this time until the City's requirements for additional staff members are known insofar as the housing area is concerned. ~ I 1 ~ I ~ I I ~ ....4 ,.- -165 -\- (Councillor Gould re-entered the meeting during the foregoing discussion.) ~ 'Question being taken, the motion was carried with Councillors Gould, Murray, Poley, A. Vincent and M. Vincent voting "nay". On motion of Counciolor Knibb Seconded by Councillor Vaughan RESOLVED that section 5 of the above report be adopted. Mr. Adams, replying to a query of Councillor A. Vincent, advised that the above amount represents a $6.42 square foot rental rate. . 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. (Councillor Schermerhorn withdrew from the meeting.) assist adding Mr. Wilson, at the request of the Mayor, explained that the expertise of the above firm will the City in identifying its requirements and recommending the best procedure to follow insofar as terminals and programs to the existing system or utilizing microcomputers is concerned. ~ Question being taken, the ,motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 8 of the above report be adopted. The Mayor noted the presence in the Council Chamber of members of the Saint John Association for the Deaf and suggested that a representative be invited to address Council at this time regarding item 3 in the above section. On motion of Councillor'M.Vincent I Seconded by Councillor Flewwelling RESOLVED that a representative of the Saint John Association for the Deaf be invited to address Council at this time. (Councillor Schermerhorn re-entered the meeting.) Question being taken, the motion was carried. ~ Mrs. Betty Tompkins, an interpreter for the deaf, addressed 'Council on behalf of the Saint John Association for the Deaf and stated that it would be difficult for this Association to pay a monthly rental of $200.00, however the space is required for social interaction. The Mayor referred to item 2 in the above section and noted that a grant would be awarded to offset such rental charges and she asked Mrs. Tompkins for her comments on item 3 with respect to renting a portion of the said Association's premises to Gerry's Barber Shop. Mrs. Tompkins stressed the need for this Association to maintain large premises for the showing and viewing of close-captioned films which are not offered at the City's theatres. During the ensuing discussion, Mr. Adams advised that Gerry's Barber Shop would be leased approximately 320 square feet of space upon Council's approval of the above motion. The matter of alternate locations for film viewing was discussed as well as the space which would remain ,for the Association should Gerry's Barber Shop be leased the proposed portion of space. Mrs; Tompkins requested that the Association be given at least until the end of December to discuss this matter in an attempt to find a suitable manner of dividing the subject space. Councillor A. Vincent suggested that the matter should be tabled and Mr. Adams be requested to chalkline off the space concerned in order for Council to view the proposed premises for the subject barber shop and that remaining for the said Association. I On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillor Knibb voting "nay". I Councillor Murray 'suggested that the Recreation and Parks Department may have space available which could accommodate the above group. Read a letter from Mr. J. C. Corkery, Master of the Royal Canadian Mint, regarding Common Council's request for a commemorative ,silver dollar to be struck on the occasion of the City's Bicentennial in 1985. A motion was proposed by Councillor Knibb and seconded by Councillor M. Vincent that the above letter be received and filed, however Councillor Poley suggested that this matter should be pursued further by having staff prepare and submit a brief to the Master of the Mint which could assist the panel of judges in making its' decision and that Council should pursue this matter through Mr. Michael Landers, Member of Parliament, whereupon the proposed motion was withdrawn. ~ On motion of Councillor Poley Seconded by Councillor Flewwelling RESOLVED that the letter from the Royal Canadian Mint acknowledging Common Council's request that a commemorative silver dollar be struck on the historic occasion of the Bicentennial of the City of Saint John in 1985, assuring Council that this request will be added to the list ... i6~ ~ . ~ o of themes to be considered by its panel of judges for the year 1985, a decision on which should be taken early in 1984 and following Cabinet's approval and the issuance of an Order in Council, a press release will be issued to announce the winning design -- be received and filed and staff be requested to prepare a detailed brief for submission to the said panel of judges and further that Council pursue its request with Mr. Michael Landers, Member of Parliament. (Councillor Gould withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the Board of Trustees of Carleton- Kirk United Church pointing out that members of its congregation are being ticketed for parking violations on Duke Street West on Sunday mornings while attending worship services, and requesting Council's consideration of dispensation being granted for the area from Watson to Olive Streets on both sides of the street between the hours of 10:00 o'clock a.m. and 1:00 o'clock p.m. on Sunday mornings -- be referred to the City Manager for a report and recommendation. Councillor M. Vincent suggested that staff should review the overall situation with respect to church parking in the City and attempt to resolve the matter at one time. Question being taken, the motion was carried. Read a letter from The Saint John District Labour Council regarding Common Council's request for its submission of six names to the Nominating Committee. Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, to refer the above letter to the Nominating Committee, however this motion was withdrawn following discussion during which time Councillor Vaughan, a member of the Nominating Committee, expressed the understanding that this Committee, although it gives consideration to names submitted, has the responsibility of nominating persons to the various committees for Council's approval. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from The Saint John District Labour Council regarding Council's request for its submission of six names to the Nominating Committee, and requesting clarification of the Common Council resolution of September 12, 1983 with respect to the statement "on the understanding that those persons named will serve on any committee to which they are nominated", as it has been the past practice of The Saint John District Labour Council that its nominees be placed where it names them -- be received and filed and The Saint John District Labour Council be requested to include areas of expertise and interest of its list of nominees submitted for consideration by the Nominating Committee. (Councillor Gould re-entered the meeting.) A brief discussion ensued during which time the matter of certain commissions, boards, etc. requiring, because of legislation or terms of reference, specified appointments from labour, geographical areas, etc., was discussed and the suggestion was made that the above group should be advised of the various committee vacancies so that it can suggest nominees thereto. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Scottish Enterprises Ltd. in response to Council's resolution of October 3, 1983 regarding a proposed development agreement between the City and the said company relating to the first phase of a townhousing project on Lime Kiln Road, be withdrawn from the agenda. In proposing the above resolution, Councillor Knibb advised that this item is being withdrawn on the understanding that Scottish Enterpries Ltd. wishes to discuss this matter privately with Council. The Mayor confirmed that the said company has requested withdrawal of its letter from the agenda at this time. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. David M. Brown, solicitor, advising that, in accordance with the undertaking given by Council on October 11, 1983, the Ronald Laskey property at 11-13 Harding Street was secured on Friday, October 14, 1983 -- be received and filed. Question being taken, the motion was carried. Councillor Poley referred to aforementioned information items and noted that one is a copy of a letter from the Provincial-Municipal Council Inc. to Mr. Terry Totten, Deputy Commissioner of Finance, thanking him for his valuable contribution to the proceedings of the recent orientation sessions for elected officials, which he and the Deputy Mayor attended, and he commended Mr. Totten for the excellence of his presentation on the question of municipal finances. On motion of Councillor Poley Seconded by Councillor Gould RESOLVED that the above letter be received and filed. Question being taken, the motion was carried. ~ 1 I ~ 1 ~ I I ~ ~ ,... & "167 G "-'r Councillor Poley referred to the item regarding the recent addition of Paradise Row to the Province's list of designated highways and he commended Mr. John Griffin, Traffic Engineer, for his efforts in pursuing this matter with the Province and noted that financial',assistance for the maintenance of this street will now be obtained through the Province. ~ On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that the above letter be received and filed. - Question being taken, the motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned and that Council meet in Con~ittee of the Whole~ Question being taken, the motion was carried. I Vku<< U' ~"r ~ Common Cle k At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of November, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor ~ Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent ~ - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; J. Gabriel, Deputy Commissioner of Works; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Kenneth Thompson, Pastor of Carleton-Kirk United Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the ,meeting of Common Council, held on November 7, 1983, be adopted" Question being taken, the motion was carried. ~ Her Worship the Mayor read a proclamation proclaiming the week of November 20 to 26, 1983 as Alzheimer's Disease Awareness Week in the City of Saint John, this disease being one that destroys vital brain cells and is now the fourth leading cause of death among Canada's elderly people. Her Worship the Mayor referred to the possible relocation of the Federal Department of Supply and Services from Saint John and she advised that she has been in contact'with the Board of Trade, as well as with Federal Minister, The Honourable Romeo LeBlanc, Mr. Michael Landers, Member of Parliament, and The Honourable Charles Lapointe, Federal Minister' of Supply and Services, regarding this matter and will keep Council informed. I Read a letter from Mayor Wayne noting that the Canada Safety Council's twenty-eighth National Safe Driving Week will be conducted from December 1 to 7, 1983 with "None For The Road", which focuces on drinking and driving, being this year's theme, advising that His Excellency, The Governor-General of Canada, will issue certificates of commendation to those eligible Canadian cities, with a population of 40,000 or more that are free of traffic fatalities during this week, and expressing the opinion that, as these campaigns have prevented thousands of motor vehicle accidents and have saved many lives, Common Council, as a local government, should support the Safety Council. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John go on record as supporting National Safe Driving Week in the City of Saint John, December 1 to 7, 1983, and appeal to all citizens to attempt to keep the City free from fatal traffic accidents during this week as well as throughout the whole of next year. Question being taken, the motion was carried. ~ Consideration was given to a letter from Mayor Wayne submitting information regarding a Great Canadian Participaction Challenge day to beheld on May 16, 1984, advising that she has discussed this matter with the Recreation and Parks Department as well as with representatives of the YMCA, the latter group which will attempt to obtain the involvement of service clubs and citizens and work with the Bicentennial group in an effort to co-ordinate this day with bicentennial events, with the only cost anticipated to be in the area of advertising with typing and photocopying for this event to be performed by City staff. The Mayor noted that the Mayor Of Ottawa has challenged the City of Saint John to participate in the Great Participaction Challenge day. lo.. ""IIIIl 163 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Mayor of Ottawa be advised that the City of ~ Saint John will be taking part in the Great Canadian Participaction Challenge day on May 16, 1984; that a cheque in the amount of $100.00, representing the registration fee, be forwarded to the appro- priate Host City, and further that the YMCA be advised that the Common Council of the City of Saint ~ohn concurs that the YMCA will be the group to co-ordinate this event for the City with Councillor Peter Murray to be the liaison Councillor for this group. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a copy of a letter from Mr. Harold E. Wright, Co- Ordinator of the Partridge Island Research Project, proposing that the City of Saint John re-dedicate a memorial in 1984 with a plaque commemorating those who served in the armed forces during the Korean conflict. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the City of Saint John re-dedicate a memorial in 1984 with a plaque commemorating those who served in the armed forces during the Korean conflict and that the matter of an appropriate memorial on which to place such a plaque be determined. Deputy Mayor Davis suggested that a plaque be added to the cenotaph in King Square. I Question being taken, the motion was carried. Read a letter from Mayor Wayne regarding advertising in support of Kinsmen Clubs in the City. Councillor Knibb noted that the above request of The Association of Kinsmen Clubs is for advertising in support of local Kinsmen Clubs to be placed in the Association's national Kin Magazine and he expressed the opinion that a motion of support, rather than a financial contribution in the form of advertising, should be considered by Council. ~ On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the Common Council of the City of Saint John commend the Kinsmen Club and all other service clubs in the City for their community service work, however Council is of the opinion that public funds should not be expended in advertising in service magazines. Councillor Flewwelling expressed the oplnlon that, in view of the extensive community service work performed by the Kinsmen Club, Council should support this Club by placing an advertisement of support in the Kin Magazine as requested. I Question being taken, the motion was carried with Councillors Flewwelling and M. Vincent voting rrnayft. On motion of Councillor Murray Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. Jack T. H. Fenety, Chairman of the Board of Governors of the New Brunswick Sports Hall "" of Fame, be referred to the Recreation and Parks Advisory Board. Councillor Vaughan noted that any person can submit names to the above Board of Governors for consideration with respect to possible election to the Sports Hall of Fame. Her Worship the Mayor suggested that Frank Martin, who swam through the Reversing Falls during Loyalist Days 1983, should be _ considered'as a possible nominee of the City. ~ Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a copy of the Trespass Act and Chief Ross' comments respecting same, noting that there is a section in this Act which refers to forest land and which, in the opinion of the Chief of Police, should be deleted by way of an amendment to same as it would appear that there has been an oversight during its drafting in that it was assumed that no such forest land within the boundaries of the cities in the Province. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the above matter be referred to the City Solicitor for the drafting of an amendment for Council's consideration at its next meeting. Deputy Mayor Davis referred to page 14 of the above-mentioned Act and noted that the defin- ition of a City policeman should be added to the section concerning a peace officer. The Mayor requested the City Solicitor to note this in his review of the said Act. Question being taken, the motion was carried. I Read a letter from Councillor Knibb requesting a report from the Traffic Division of the Police Department On the timing of the traffic lights:-(a) at Market Square for pedestrian crossing, and (b) at the intersection of Dock and Union Streets, with a view to increasing the traffic flow along the main artery from the foot of King up Dock Street and across the Viaduct, particularly during the winter months where there is a possibility of traffic holdups on difficult hills. Councillor Knibb suggested that, as much as possible, persons should be encouraged to utilize the overhead pedestrian walkways during the winter months to avoid traffic delays on Dock Street. ~ .... ,.... ":i'1~ On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the Traffic Division of the Police Department for review in an effort to increase the traffic, flow in the subject areas thereby avoiding traffic holdups during the winter months. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Mlnager, authority be granted for payment of the following construction progress certificate, namely:- 1. Construction of Parkin~ Lots - Metcalf Street Maritime Sod Ltd. Current budget allotment Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated November 13, 1983 ,Final release of holdback $87,612.44 87,612.44 Nil 84,984.07 $2,628.37 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ Seconded by Councillor Davis RESOVLED that the letter from the City Manager submitting a copy of a proposed agreement for the secondment of Mr. W. D. Todd from Canada Mortgage and Housing Corporation, which was considered by Council at its last meeting, recommending that Common Council approve the terms of the agreement during Mr. Todd's secondment time with the City -- be received and filed and the recommendation adopted. I The Mayor noted th~t item number 2 in the above agreement should read 1983. Councillor Poley re- iterated that he does not support the secondment as, in his opinion, this is not the manner in which the position should be filled, and he noted that, based on discussion with the City Solicitor, the agreement does not appear to be adequate and he expressed concern with respect to various clauses therein. Councillor Vaughan expressed the understanding that Mr. Todd is to report to the City Manager through Mr. Zides, however item 4 in the proposed agreement indicates that he will be reporting to the City Manager. Mr. McDermott clarified that Mr. Todd will report through Mr. Zides to him. Councillor M. Vincent~uestioned what Mr. Todd's title will be to which Mr. McDermott advised that, until the retirement of 'Mr. D. Buck, Deputy Commis- sioner of Housing and Renewal Services, Mr. Todd's title will be Executive Director and, once Mr. Buck retires, he will take over that title plus housing. Question being taken, the motion was carried with Councillors Murray, Poley and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that with regard to the offer of Canada Permanent Trust Company to sell property at 137-143 Orange Street, which was considered by Council at its meeting of August 22; 1983, Common Council approve the recommendation of the City Manager that this company be advised'that the City has no interest in acquiring the subject property at the present time. ~ Councillor Gould noted that the above offer represents an opportunity for the City to purchase property that could be utilized for off-street parking and he suggested that the City should be developing a policy, particularly in the south end of the City, for off-street parking in order to free streets for cleaning and snow removal. Mr. Winch, replying to a query of 'Councillor Schermerhorn, expressed the opinion that some type of overall scheme insofar as parking and infill housing is concerned should be developed, following which the purchase of individual sites could be examined on their own merits. Question being taken, the motion was carried with Councillor Gould voting "nay". On'motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that with regard to the offer of Canada Permanent Trust Company to sell property at 317-319 Princess Street, which was considered by Council at its meeting of October 3, 1983, Common Council 'approve the recommendation 61' the City Manager that this company be advised that the City has no interest in acquiring the subject property at the present time. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Gould I Seconded by Councillor Flewwelling RESOLVED that with regard to request of Mr. Donald Willar to purchase or lease a portion of property located to the rear of his property at 6 Oakland, Street, which was considered by Council at its meeting of August 15, 1983, Common Council ,approve the recommendation of the City Manager that, in view of the comments of the Engineering and Works Department and of the possible difficulties which could arise from such a transaction, Mr. Willar be advised that the property is not for sale at the present time.' ' Question being taken, the motion was carried. On motion of Councillor Gould ~ Seconded by Councillor Knibb RESOLVED that with regard to the offer of Mr. Juan Montes to sell property at 17 Garden Street, which was considered by Council' at its meeting of October l7, 1983, Common Council approve the recommendation of the City Manager that, considering the size of the land involved, the fact that the City owns no other property on this block, and the uncertainty of the extension of Paddock Street, Mr. Montes be advised that the City is not interested in acquiring this property at the present time. ... .i1@ "'lIIl Question being taken, the motion was carried. On motion of Councillor Davis Seconded by Councillor Poley RESOLVED that with regard to the request of Dr. Vincent Shannon to purchase property at 20 Dorchester Street, which was considered by Council at its meeting of October 11, 1983, Common Council approve the recommendation of the City Manager that, due to the original reason for the purchase of these properties, namely, to be used as metered parking areas, and the fact that they could supply much-needed monthly parking in 'the area, Dr. Shannon be advised that the properties are not for sale at the present time, and further that such property be turned over to the Parking Commission for development as a site for monthly parking. Councillor Knibb questioned whether Dr. Shannon has commenced construction of his building on Coburg Street and, if not, will the above-proposed motion have an effect on his decision to build thereon, to which Mr. McDermott confirmed that Dr. Shannon's intent is to proceed with construction of his building on Coburg Street with his parking requirements to be accommodated by the parking lot immediately to the rear of same. Councillor Murray expressed the understanding that several persons are interested in acquiring the subject property to which Mr. McDermott noted that this property was offered for sale on several occasions in the past with no reasonable offers received. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November 3-9, 1983 $9,764.52 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding his report which was tabled at by Council at its last meeting, such report proposing various changes in the rental procedures for City-owned buildings and the leasing of 320 square feet of space presently occupied by the Saint John Association of the Deaf in the Old Provincial building at 55 Canterbury Street to Jerry's Barber Shop at a rental of $200.00 per month; advising that agreement has been reached with the said Association to reduce its space to 976 square feet thereby allowing approximately 200 square feet to be leased to Jerry's Barber Shop at a rental of $150.00 per month, and recommending that this matter be taken from the table and the recommendation be approved with the exception of the rental for Jerry's Barber Shop which is to be adjusted to read $150.00 per month -- be received and filed: AND FURTHER that the following recommendations of the City Manager regarding the rental policy for the Old Provincial building, Canterbury Street, be adopted, namely: (1) that authority be given to proceed with negotiations to establish new rental rates for commercial tenants in accordance with the report submitted by Mr. Robert Adams; (2) that the charitable and non-profit organizations presently occupying the Old Provincial building be notified that commencing January 1, 1984 they will be charged a monthly rental corresponding to the cost of maintaining the space that they occupy; and further that'Council adopt a policy of full commercial rentals for all space and that grants for charitable and non-profit organizations occupying space in City buildings will be considered on an individual and annual basis, with such policy to be implemented in 1985; and (3) that Council confirm staff's position with 'respect to renting to Jerry's Barber Shop a portion of the space occupied by the Saint John Association for the Deaf, comprising approximately 200 square feet, at a rental of $150.00 per month. Question being taken, the motion was carried. Read a letter from the City Solicitor regarding the tender for the supply of sand, gravel, aggregates, loam and land fill cover material, items ,4 and 5 of which we~e deleted from the tender award at Council's meeting of October 31, 1983 and tabled at Council's last meeting; expressing the understanding that the City Manager's recommendation to award item 5 to two companies, Brookville Manufacturing Co. and Steele's Trucking Limited, is because in actual fact item 5 includes two materials, namely limestone and crushed rock, with the intention of such recommendation being that the former company would be awarded the limestone tender and the latter company would be awarded the tender for crushed rock; and expressing the' opinion that, as the summary of bids connected with the tender call shows that only limestone is mentioned in item 5, it would be inappropriate to award the contract for crushed rock to Steele's Trucking Limited when other bidders were not given the oppor- tunity to submit a bid for that particular material and that it would be in order to award items 4 and 5 to Brookville Manufacturing Co. as it relates to the supply of limestone~ however tenders should be recalled with respect to crushed rock. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that items 4 and 5 of the tender for the supply of sand, gravel, aggregates, loam and land fill cover material be awarded to Brookville Manufacturing Co. in accordance with the prices contained in the previously-submitted bid summary: AND FURTHER that tenders be called for the supply of crushed rock. During ensuing discussion, Mr. Armstrong explained the need for both limestone and crushed rock. (Councillor Gould withdrew from the meeting during the foregoing discussion.) '" ~ I 1 ~ I ~ I I Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, pursuant to Common Council resolution of ~ August 22, 1983, the necessary advertising has been completed to allow Council to eliminate the necessity of the Zoning By-Law being read in its entirety prior to third reading as the Municipalities Act provides that, following such advertisement, a by-law may be read by section numbers only prior to third reading if no member of Council objects. ....4 ,...- ~J71l. On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100 The Zoning By-Law Of The City Of Saint John", be 'read a third time and enacted and the Corporate Common Seal be affixed thereto. The Mayor requested that, unless any member of Council objects, the Common Clerk read the above by-law by section number only and she noted that Council may question the subject by-law during the said reading or following same. I 1 Mr. Winch, in reply to a request of Councillor Knibb, explained that there are changes to the text of the above by~law as discussed with Council at a recent teach-in regarding this matter, however there are no changes whatsoever to the maps therein as they are simply a ,consolidation of the existing zoning together with all the amendments. Councillor M. Vincent re-iterated his opinion that action should be taken to attempt to alter the Provincial legislation to eliminate the necessity of reading by-laws either in their entirety or by section numbers prior to third reading. A brief discussion ensued regarding the fact that the Zoning By-Law is numbered and lillo. Winch noted that C.P. refers to community planning and expressed the opinion that the numbering system should provide a reasonable method of indexing this By-Law and its amendments. Councillor Poley suggested that the City Manager should arrange a teach-in with the Planning Branch with regard to the approach that should be taken with respect to an overall development plan for the City. Questi'on being taken, the motion was carried. ~ Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Bill Alberts have been completed and that the required waiting period for objections expired on November 10, 1983 and no written, objections have been received. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the application of Bill Alberts for an amendment to the Municipal Plan and re-zoning of property at 42 Durham Street, be' referred to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising in this regard with the public hearing to be held on December 19, 1983. Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Raymond Defazio, have been ,completed and that the required waiting period for'objections expired on November 10, 1983 and no written objections have been received. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the application of Raymond Defazio for an amend- ment to the Municipal Plan and re-zoning of property at 1444 Grandview Avenue, be referred to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary adver- tising in this regard, with the public hearing to be held on December 19, 1983. Question being taken, the motion was carried. ~ 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 begs leave to report that it sat on November 7, 1983 when there were present Mayor Wayne and counciilors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1 1. That the request of the Saint 'John University Women's Club for financial assistance regarding the annual meeting of the Canadian Federation of University Women to be held in Saint John on August 15 to 18, 1984 be denied. 2. That with regard to the offer of Central Trust Company to sell property at 497 Sandy Point Road, Common Council approve the recommendation of the City Manager that this company be advised that the City is not interested in acquiring this property at this time. I 14 November, 1983 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a i I' man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors Vaughan and M. Vincent voting "nay". ~ On motion of Councillor Schermerhorn Seconded by Councillor Kuibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. .. i7~ """Ill On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling , RESOLVED that as recommended by the Planning Advisory Committee, the sum of $2,700.00 be accepted in lieu of land for public purposes with respect to the proposed Manford Thompson Subdivision on Sandy Point Road. Question being taken, the motion was carried. Read a letter from the Planning Advisory Committee submitting a copy of a report entitled, "Our Decreasing Population: Problems and Opportunities", which was prepared by the Planning Branch as a result of Council's request that further examination of the preliminary 1981 population figures was warranted; suggesting that this report be made available to all interested persons and groups and expressing the hope that the City will resolve to take action with respect to the problems raised therein. ' Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, that the above letter be received and filed and the members of the Planning Branch be commended for their efforts in the preparation of the subject report, however Her Worship the Mayor expressed the opinion that the Provincial Department of Municipal ,Affairs should be made aware of the various matters in the above report, particularly those relating to regional planning, and she suggested that a copy should be forwarded to this Department either under her signature or by the City Manager, and also that a copy should be forwarded to the Provincial Department of the Environment. Councillor Poley suggested that this report should be referred to staff for more detailed comment on the section relating to solutions with respect to how and where Council should proceed to attempt to solve the problems referred to therein and also that the Cities of New Brunswick Association could be a vehicle through which the declining population problem throughout the Province could be addressed through a committee approach, therefore staff should review the report further and prepare a submission to be forwarded to the said Association upon Council's approval of same. Councillor Knibb noted that the subject report appears to have three main thrusts, those being the need for clean air in Saint John, the absence of regional planning by the Province and the unfair advantage of the lower tax rate in the outlying municipalities and the unincorporated areas and he also noted that the situation with respect to declining population is not unique to Saint John, and matters relating to the manner and degree the City should and can compete with outlying areas were discussed. Councillor M. Vincent suggested that a copy of this report should be forwarded to the appropriate Federal Government officials as, in his opinion, the matter of declining population is the most significant problem facing the City at this time because of its impact on so many other matters and he stressed the importance of Council broadening its approach on this matter by involving organizations such as the Board of Trade, Federal Government departments, and all, other regional groups in addressing this problem. The Mayor stated that she will provide a copy of the subject report to the City's Economic Development Council which deals with the other levels of government. On motion of Councillor Knibb ~ I 1 ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee submitting a copy of a report entitled, "Our Decreasing Population: Problems and Opportunities", 1 which was prepared by the Planning Branch -- be received,and filed and the members of the Planning Branch be commended for their efforts in the preparation of this report and that a copy be forwarded to the appropriate Provincial Government officials and further that staff be requested to prepare an appropriate submission to the Cities of New Brunswick Association with respect to this report for Cou~cil's consideration. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Councillor Vaughan noted that the students of Simonds High School have provided Council members with a 1984 Provincial Bicentennial Calendar for which all of the art work thereon was produced by the Grades 11 and 12 students enrolled in the art program in School District 20 under the direction of Mr. Paul Mathieson, and she suggested that Council should thank these students for the calendars and commend them for their art work in this regard. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that an expression of thanks and commendation extended to the students of Simonds High School with respect to their efforts in producing a Provincial Bicentennial Calendar. be 1984 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that Mr. Larry A. Goss be thanked for his letter requesting Common Council to allocate and donate a parcel of land in the Saint John area for a permanent cemetery for pets and unwanted animals, and that he be advised that Common Council is of the opinion that a pet cemetery should be an entirely privately-sponsored venture. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from residents of McLeod Road requesting that funds be allocated in the 1984 budget to upgrade this road to the standards of other City streets -- be referred to the City Manager for consideration in the 1984 Capital Budget. It was noted that McLeod Road is a private road. Question being taken, the motion was carried. ~ I I ~ ...,j II"" 173 ~ I I ~ I ~ I I ~ ..... Read a letter from Somerset Park Homeowners Inc. regarding water pressure problems in the Somerset Park area, which has been the subject of discussion at recent Council meetings, the last occasion being on August 8, 1983, requesting that, as there has been no finalization of the problem to date, this matter be dealt with'on a more urgent basis. Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, that the above. matter be referred to the City Manager, however this motion was altered following discussion during which time Mr. McDermott provided a brief update regarding the status of the above matter, particularly in view of the water pressure problem in the Millidgeville area and the proposed townhousing project of Scottish Enter- prises Ltd. on the Lime Kiln Road and he advised that staff is presently evaluating the possibility of providing one booster station and one water storage tank which would resolve the problem not only in the Somerset and Leighside Park areas but also in other areas of Millidgeville, also taking into consideration the matter of future housing developments in the area., Mr. McDermott recommended that staff continue to pursue this matter in order that a proposed solution can be presented to Council for possible inclusion in the 1984 Capital Budget. q On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the matter of water pressure in the Millidgeville area be referred to the City Manager for immediate review and recommendation to Council for consideration in the 1984 Capital Budget. Mr'- McDermott noted that the extent of the work to be carried out in resolving the above problem, insofar as for the entire Millidgeville area or for sections thereof is concerned, is dependent upon funding available. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Edward Melanson requesting to purchase property at 271 Main Street for use as a backyard and garden area for tenants and to allow for 01'1'- street parking during the winter months -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Kinsmen Club of Saint John asking if the City is interested in selling the City Road Armoury building and, if so, at what price, as this Club is looking into the possibility of purchasing a building in the City to house its bingo'and other activities -- be referred to the City Manager for a report and recommendation. Mr. McDermott, at the request of the Mayor, advised that he is prepared to present his recommendation to Council at its next meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Hugh McLellan of McLellan, Allaby & Holland, Solicitors for St. John Ambulance Divisions in Saint John, advising that, in order to better serve the community, St. John Ambulance is anxious to acquire new premises in the City as its temporary facilities at the old Beaconsfield Fire Hall have proven ,to ,be very unsatisfactory -- be referred to Committee of the Whole for discussion later this date in conjunction with the City Manager's letter regarding this matter and to be subsequently considered in open session of Council on November 21, 1983. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M.- Vincent RESOLVED that permission be granted to The Globe and Mail to place an additional twenty newspaper street-corner boxes on streets and public areas in the City. Mr. Winch noted that the above matter is the subject of an agreement between the City and the subject company which provides for an amount to be charged for the placement of such boxes on City streets and public areas. Question being taken, the motion was carried. Councillor Schermerhorn referred to correspondence regarding the Provincial Department of Commerce and Development's Main Street Program (copies of which were forwarded to Council members as an information item), and suggested that this item be added to the agenda for Council's consideration at this time. On motion of Councillor Schermerhorn , Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that a copy of the correspondence relating to the Provincial Department of Commerce and Development's new Main Street Program be referred to the Central Business Development Corporation for distribution to its members and publication. Councillor M. Vincent questioned in what, if any, manner the above program is applicable to the 11.141 """IIIl "" , City of Saint John to which Mr. McDermott replied that there could be a possibility of obtaining a pedway across the grade level on Germain Street, a matter which he is exploring at the present time. Councillor Knibb noted that the above Corporation is in receipt of the details respecting the subject program and also that the matter of the boundaries for the proposed business improvement area of the City, which was presented to Council at a previous meeting, remains unresolved to date. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. Vk"'l );(~rMi At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of November, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - " Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; S. Armst~ong, Deputy Commissioner of Engineering; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Philip Lee, Pastor of St. John and St. Stephen Presbyterian Church, offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on November 14, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor commented briefly on her attendance during the past week at a seminar on energy conservation, which was hosted by the Provincial Department of Natural Resources, and she requested the City Manager to submit to Council in the near future the City's position with respect to energy conservation programs in City buildings. Her Worship the Mayor noted that she attended Port Days in New York on November 15 and 16, 1983 and she advised that the event proved successful in that a new shipping line has been engaged to ship through the Port of Saint John in January 1984. (Councillor A. Vincent entered the meeting.) The Mayor advised that she met with The Honourable Geralu Merrithew and The Honourable William Harmer, Provincial Ministers of Natural Resources and the Environment, respectively, with respect to the pollution problems in the City of Saint John and that she will keep Council informed regarding this matter. The Mayor commented briefly on the Perspective 84 tourist convention which was held during the past week in Saint John. Her Worship the Mayor commended the members of the Santa Claus Parade Committee for their efforts in organizing the Santa Claus Parade on November 19, 1983. Councillor Knibb requested that two matters, one being a letter from The Honourable Brenda Robertson, Provincial Minister of the Social Program Reform, to Her Worship the Mayor, the other being the statement of payments for the month of October 1983 (copies of which were forwarded to Council members as information items), be added to the agenda for Council's consideration later in the meeting. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above items be added to the agenda for Council's consideration at this meeting. Question being taken, the motion was carried. The Mayor asked if Council wishes to have future monthly statements of payments presented to Council in regular session. On motion of Councillor Flewwelling submitted Seconded by Councillor Schermerhorn RESOLVED that future to Council for consideration at its regular meetings. monthly statements of payments be ~ I 1 ~ I ~ I I ~ ...,j ,.. 1'75 Question being taken, the motion was ,carried. ~ The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land containing 3.7 acres with a frontage of 382 feet on the northern side of Golden Grove Road, approximately one-half mile east of the Hillcrest Road intersection'(L.R.I.S. Number 310417), from Rural to Light Industrial classification and (b) to re-zone the same parcel of land from "RS-IM" One- and Two-Family and Mobile Homes Suburban Residential to "I-I" Light Industrial classification, to permit establishment of an autobody repair shop as requested by Mr. Elmer Soucy, and that no written objections have been received. , ~ I Consideration was given to a letter from the Planning Advisory Committee recommending that, after having considered the presentations, the letters in opposition to the notice to area residents issued by this Committee, and the submitted staff report regarding the above-proposed amendments, the application not be approved. 1 Mr. John McNamara of 41 Barbara Crescent addressed Council on behalf of a number of residents on the Golden Grove Road in opposition to the above-proposed amendments for the following reasons:- (1) devaluation of, the existing residential properties; (2) a precedent will be set by the subject re-zoning for other so- called light industries; (3) additional traffic in an already heavily-travelled area; (4) unsightly premises as the body shop will be visible due to the variation of the land level; (5) increased air pollution if proper ventilation is not installed, as well as noise pollution; (6) improper sewerage disposal for industrial waste; (7) there are already four existing body shops in the area beginning at Westmorland Road to the Golden Grove Road; (8) several residents have seen the present operation of this business and can understand why the City has requested it to relocate from same; and (9) an autobody shop will detract from the attractive~c__' ness of nearby residental properties to potential homeowners. ~ Mr. Terrence Hutchinson, solicitor, appeared on behalf of Mr. Elmer Soucy in support of the above- proposed amendments and, referring to the above-mentioned report from the Planning Branch, commented on the various matters raised therein. Mr. Hutchinson stated that the subject 3.7 acres is more than enough acreage on which to establish Mr: Soucy's business as all of the property is usable space and 'he confirmed that it is not the intention to enlarge the existing house or mobile home which is currently located on this property, the latter which will be relocated from same. Mr. Hutchinson advised that Mr. Soucy is prepared to move the existing garage for the purposes of his business to any location required within the subject 3.7 acres of land and, referring to the matter of parking, noted that Mr. Soucy plans to provide a compound to accommodate between fifteen to twenty vehicles, being approximately 150 feet by 300 feet, to the rear of the subject property. Mr. Hutchinson pointed out that, although he can appreciate the concerns of the residents in the area, Mr. Soucy has discussed this matter with many of the residents and has received support from many regarding his business establishment in the area. Mr. Hutchinson requested Council to'possibly resolve this matter by the use of Section 39 of the Community Planning Act under which conditions can be placed on the subject re-zoning and he stated that Mr. Soucy is agreeable to such a re-zoning and is will~g to enter into an agreement with the City under this section. Mr. Hutchinson expressed the opinion that a Section 39 re- zoning can satisfy both Mr. Soucy to allow him to operate his business and also protect the area residents from future abuse of the re-zoning. I Discussion ensued regarding the number of residents who indicated support to Mr. Soucy of his proposed business establishment and their respective location to the subject property. Councillor Murray questioned whether Mr. Soucy is the owner of the subject property and whether he'has alternative plans should Council comply with the recommendation of the Planning Advisory Committee. Mr. Hutchinson replied in the affirmative to the former query and, with respect to Mr. Soucy's alternative plans, advised that Mr. Soucy has no other options open in the event that his application is rejected. On motion of Councillor Gould Seconded by Councillor Poley RESOLVED that as recommended by the Planning Advisory Committee, the application of Mr. Elmer Soucy for a Municipal Plan amendment andre-zoning of property on Golden Grove Road not be approved., Question being taken, the motion was carried with Councillors Murray and A. Vincent voting "nay". ~ On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. <> Question being taken, the motion was carried. Her Worship the Mayor noted the presence of Messrs. Keith Dow and Louis E. Murphy, Members of the Legislative Assembly, in the Council Chamber and welcomed them to the meeting. 1 Mr. Dow, at the invitation of the Mayor, addressed Council and presented, on behalf of The Honourable Orner Leger, Minister of Tourism, a cheque in the amount of $7,500.00, which is the result of the City's application to the Provincial Grants Committee, such grant to be used for the purpose of assisting in the tourist information service within the, community. The Mayor accepted, with thanks, this cheque on behalf of the City. I Public presentation was made of a proposed amendment to the Municipal Plan to amend Schedule 2-A of the Plan by redesignating a one hundred-metre (100 m) westerly extension to the Potash Terminal site, as indicated on the submitted'plan, from unclassified Harbour Area to Port classification, as requested by Denison Mines Limited. ' ~ Mr. Louis E. Murphy, M.L.A., 'addressed Council and stated that his appearance at this meeting is at the request of Mr. John Barter, President of 'the Saint John Association for the Deaf. Mi. Murphy referred to a letter forwarded to this Association by the City regarding a reduction of its approximate 1,200 feet of space occupied in the Old Provincial building at 55 Ganterbury Street and the Association's lease of same which expired February 28, 1982 and, although renewal was requested in July 1982, this lease was not renewed. Mr. Murphy circulated a copy of what'he understands to be an official City receipt to the'Association indicating that it is for rent to February 28, 1984 'in the amount of $1.00. Mi. Murphy advised that the Association has investigated facilities in other sections of the City and none have been as acceptable as the area presently occupied at 55 Canterbury Street as this building is located on the bus line, has street lighting and privacy and he ,expressed the understanding that a certain amount of space in the subject 1,200 feet occupied by the Association was promised to a new tenant prior to Council's consideration of the matter. Mr. Murphy re~uested that Council reconsider this matter in favour of the Saint John Association for the Deaf by renewing its lease for a nominal fee. lo. i1~ ~ . Mr. McDermott pointed out that meetings were held with members of the Saint John Association for the Deaf and the matter resolved at Council's last meeting and he expressed the understanding that Jerry's Barber Shop has accepted less space than originally planned at a reduced rent. Mr. Murphy suggested that agreement was reached with the Association due to the fact that the choice was to agree ~ or relocate and he noted that the actual alterations to the subject space commenced prior to this matter being presented to Council and, replying to a query of Councillor Murray, advised that the Association has between 50 to 75 members. Councillor Vaughan asked if the Association is now satisfied with the arrangements which Council approved at its last meeting to which ~IT. Barter, through an inter- preter, replied in the affirmative and Mr. Murphy requested that no further reduction in space occur and that the Association's lease be confirmed. Councillor A. Vincent requested that'the City Manager provide an explanation to Council at its next meeting as to the reason for a prepaid receipt being issued to the above Association. On motion of Councillor Gould I ~ Seconded by Councillor Schermerhorn RESOLVED that be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November D. Hatfield, Ltd. - (Works) equipment rental November as recommended by the City Manager, authority 10-16, 1983 1-15, 1983 $5,387.87 $7,143.31 Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. St. Rose's Little League Ballfield Fundy Fencing Ltd. Supply and install fence Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previouslyhapproved Sum recommended for payment, Progress Estimate Number 3, dated November 10, Partial release of holdback $ 13,694.54 ~ 11,694.54 350.84 9,940.36 1983 $ 1,403.34 2. Concrete Work - 1982 Maritime Formless Ltd. Concrete curb and sidewalk reconstruction Current budget allotment Total work done, Estimate Number 8 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 8, dated November 16, 1983 Deficiency holdback release 1 $211,840.89 214,428.29 6,432.85 206,575,44 $ 1,420.00 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn , RESOLVED that the letter from the City Manager advising that considerable interest has been expressed from within the community to obtain reprints of an article on Saint John, which was featured in the October/November 1983 issue of Canadian Geographic magazine following which Tourism staff has issued a purchase order for 20,000 copies of this article at a cost _ of $9,800.00 having first obtained firm commitments for 15,500 copies totalling $7,690.00 and a back-up ~ commitment for the balance from local organizations, and recommending that Council approve the purchase of 20,000 reprint copies of the said article at a cost of $9,800.00 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould I RESOLVED that the joint report from the City Manager, Commissioner of Engineering and Works, and Traffic Engineer regarding the Manawagonish/Kierstead/Manchester intersection, which was considered by Council at its meeting of October 31, 1983, advising that this intersection, which is commonly referred to as Purdy's Corner, has been surveyed on a continuous basis since 1968 and, although there are times during the morning peak hour when motorists may experience some delay which they consider unreasonable, the delay which would result from traffic signals would at this time appear more unreasonable to a greater number of motorists because it would be apparent that the warrants for the installation of traffic signals have not been met; also advising that there is no reason to install a flashing beacon at this location because there is neither any confusion over the designated I right-of-way or any problem with non-observance of existing stop signs, and stating that, staff will continue to monitor this location and will recommend any corrective measures that may be required from time to time -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the joint report from the City Manager, Commissioner of Engineering and Works, and Traffic Engineer regarding traffic signals at Market Square and Dock and _ Union Streets, which was considered by Council at its November 14, 1983 meeting, noting that the ~ traffic signal timing system was designed to provide the most continuous traffic flow possible with minor interruptions of approximately 27 seconds during pedestrian activation, and signals at Dock and Union Streets operate on a 70-second cycle throughout most of the day with an 80-second cycle programmed ~ ,.. 177 ~ 1 1 ~ I ~ I I ~ IIr... for the peak hours between 8:00 o'clock a.m. and 9:00 o'clock a.m. and 4:00 o'clock p.m. and 6:00 o'clock p.m., such synchronization allowing a vehicle to leave King Street and arrive at Union Street during a green phase programmed to last for 28 or 36 seconds depending on the time of day, and'stating that staff will continue to monitor this programme throughout the winter ~d will make any adjustments in timing that may be required -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould , Seconded by Councillor Schermerhorn RESOLVED that the joint letter from the City Manager and Building Inspector advising that there has been no change in the status of the property at 11-13 Harding Street -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by ,Councillor Schermerhorn RESOLVED that the joint letter from the City Manager and Building Inspector advising that the owner of the property at 380 Union Street has obtained a building permit for renovations thereto which, upon completion, will make the subject building suitable for residential occupancy and stating that the renovations proposed by Mr. Cheong have fully met with all requirements and this property should no longer be considered subject to action by Commo~Council pursuant to the 1925 Building Act and that no further report on this matter will be submitted to Council unless otherwise requested -- be received and filed. Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) On motion of Councillor Gould Seconded by Councillor Flewwelling , RESOLVED that the letter from the City Manager regarding the land negotiations related to the acquisition of property for the Church Avenue Overpass, which resulted in an option agreement to purchase a small portion of property known as Lot T on Greenhead Road; advising that, since tenders for the construction of the 'Overpass were called on November 7, 1983 and the land is required for this work, the Legal Department has advised that it is now necessary for Council to exercise the subject option, and recommending that Common Council exercise its option to purchase Lot'T from Hernani Nunes for the sum of one dollar and further that the Mayor and Common Clerk be authorized to execute the necessary docu- mentation -- be received and filed and the recommendation adopted. Councillor A. Vincent, Chairman of the former Land Committee, noted that the above option resulted from this Committee's efforts. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting a copy of the agreement with The Globe and Mail regarding newspaper boxes on streets and public areas in the City of Saint John, which was discussed at Council's meeting of November 14, 1983, noting that this company pays $10.00 per year for each box -- be received and filed. Councillor Flewwelling questioned the size of the subject boxes and if the above-noted rate is comparable to that charged in other cities to which the City Manager replied that, in view of the convenience provided by these boxes to the general public, the rate is normal. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Counciolor Gould Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Fire Chief; Mr. Douglas Wall be presented with a Certificate of Recognition for his twenty-five years of service as a member of the Saint John Salvage Corps & Fire Police. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Sec~nded by Councillor Gould RESOLVED that the letter from 'the City Manager regarding the tender for the supply of meals to the City's work crews during the winter season, advising that, following the tender closing, a meeting was held among Engineering and Works staff and it was determined'that it would be more advantageous for the City and its employees to have the lunch and dinner meals picked up by Department staff while retaining the seating and parking requirements for breakfast, and recommending that (1) since Deluxe French Fries has outlets in the three City locations thereby resulting in less administrative costs, the bid of Deluxe French Fries, in the amount of $3.00 for breakfast, be accepted, and (2) that all,tenders for lunch and dinner be rejected and that new bids be sought for these two meals -- be received and filed and the recommendations adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager submitting a copy of the Quarterly Housing Report of the Province of New Brunswick -- be received and filed. ""'Ill inl Question being taken, the motion was carried. " Read a letter from the City Solicitor regarding the proposed Provincial Trespass Act, which was considered by Council at its November 14, 1983 meeting, noting that, under the proposed definition of forest land and as it relates to this Act, it would not be an offence to trespass by means of a motor vehicle on forest land within the City of Saint John and also that the Act proposes to deal with motor vehicles as opposed to individuals when it comes to trespassing on forest land; expressing the opinion that, if Council is concerned about this and believes that this Act should apply to cities, Council should request the Provincial Government to remove from the proposed Act the definition of forest land in its entirety which, if done, will mean that Section 3(1) will stand on its own and will prohibit trespassing "by means of a motor vehicle on forest land or land used for agricultural purposes" anywhere in the Province, and pointing out that the appointment of municipal peace officers is covered in the definition of peace officer because the definition does refer to "a police officer appointed pursuant to the Police Act", which is the Act governing the appointment of all municipal police officers in the Province. ~ I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John request the Provincial Government to remove from the proposed Trespass Act the definition of forest land in its entirety. Question being taken, the motion was carried. 1 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 begs leave to report that it sat on November 14, 1983 when there were present Mayor Wayne, and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- ~ 1. That as recommended by the Nominating Committee, Messrs. Lee J. April, Douglas Fifield and Wallace Turnbull be appointed to the Saint John Fundy Region Development Commission for a term to expire December 31st, 1985. 2. That as recommended by the Nominating Committee, Deputy Mayor Davis and Councillor Flewwelling be appointed to the Board of Trustees of the Civic Employees' Pension Plan for a term of one year effective December 1st, 1983. 3. That as recommended by the City Manager, authority be granted for the sale of vacant land at 701 Wilson Street to Ben's Limited for the sum of $8,000.00, subject to the following conditions: (1) the 1 City will acquire an easement over the land to allow access to the sewer which crosses the lot; (2) written approval of the Engineering and Works Department must be received before any filling, grading or other improvements are made to the property at any time; (3) the land will be sold subject to the apparent encroachment by the adjoining building; and (4) a sketch showing the proposed 'parking area, fencing, improvements, etc., will be submitted prior to completion of the sale and will be accepted as fulfilling condition (2) above; AND FURTHER that the Mayor and Common Clerk be authorized to execute any and all documents required to complete this transaction. 4. That as recommended by the City Manager, the proposal of ConsolidateQ FibrestL1d. for the of cardboard from the Spruce Lake landfill site, dated October 19, 1983,/~6ra~ctFl~~ period of six months with the provision that either party may cancel at any time on a thirty-day notice. recovery up to 5. That Arthur G. McDermott, City Manager; Jack Brownell, Assistant Director of Recreation; and ~ William Fitzpatrick, United Way representative, be appointed as the City's nominees to the Financial Assistance Review Committee. 21 November, 1983 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a i I' man. On motion of Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. I Seconded by Councillor Gould Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Councillor Gould noted that, although he enjoyed his term on the Pension Board, it was necessary due to work commitments to relinquish his position on same. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. ~ Question being taken, the motion was carried. ..... ~ 1T9 , On motion of Councillor Schermerhorn ~ Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 5 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Master Plumbers Examining Board, the application of Mr. Glendon A. Hampton of South Bay, Saint John West, for a Master Plumber's License be approved and a 1983 Master Plumber's License be issued to him. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from Ports Canada-Port of Saint John requesting permission to erect a sign to identify the Barrack Point Potash Terminal project, such sign to be visible to public traffic from the intersection of Crown and Broad Streets and identify the partners in the project, explain the financial commitment and credit the Minister and Department of Transport as the Ministry under which Ports Canada operates as a Crown Corporation -- be referred to staff for a report and recommendation. ~ Deputy Mayor Davis suggested that Council approve the above request at this time to which Mr. Armstrong expressed the opinion that Council's approval at this time could create a problem in that there is a matter ,regarding the location of a water line to be addressed by staff and he replied in the affirmative to the Mayor's query regarding the possibility of a report at Council's next meeting. Question being taken, the motion was carried. Consideration was given to a letter from Mr. Paul Blaney of P & B Stained Glass Studio advising that he has been corresponding'with Government House regarding gaining permission to use the portraits of Their Royal Highnesses, The Prince and 'Princess, of Wales, along with the Insignia of The Prince of Wales in a stained glass window to be presented to the City to commemorate The Royal Visit to Saint John on June 17, 1983; requesting that, if Council is agreeable to accepting such a window as a gift, Council express its acceptance in principle of this project in writing to Mr. Blaney following which he will forward sketches of the design to Council and Buckingham Palace for final approval. I Councillor Schermerhorn proposed that the above matter be referred to the City Manager and staff 'for a report and recommendation at Council's next meeting, however Councillor Knibb suggested that Council should resolve this matter at this time. On motion of Councillor Knibb Stained Glass generosity of Seconded by Councillor A. Vincent RESOLVED that Common Council accept from Mr. Paul Blaney glass window commemorating The Royal Visit and Mr. Blaney be thanked Studio a stained this gift: of P & B for the AND FURTHER that the City Manager be requested to contact Mr. Blaney to determine the size and possible placement of such a window and report to Council accordingly. ~ A brief discussion ensued regarding the placement of such a window and the suggestion was made by Councillor Murray that this window be displayed in the aquatic centre, upon its completion, in order to be appreciated by the general public. Councillor Flewwelling suggested that the above window be placed in a frame, such as the one currently located on the eighth floor of the City Hall building and displayed in appropriate locations where required. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. & Mrs. Blake Hayes protesting the ,Sunday 'opening of Market Square be received and filed and they be thanked for their interest. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting due to a possible conflict of interest.) I On motion of Councillor Gould' Seconded by Councillor Schermerhorn RESOLVED that the letter from the Atlantic Division of the Multiple Sclerosis Society of Canada requesting that the City of Saint John sponsor a luncheon during the Society's Tenth Annual Atlantic Conference scheduled for May 18 to 21, 1984 in Saint John -- be referred to the grants committee. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) ~ The Mayor noted that she has requested the Works Department to make arrangements for the placement of a tree decorated with lights for the Christmas season in front of the City Hall building. ~ ~ 18@ Councillor Knibb noted that on Wednesday, November 23, 1983, at 7:00 o'clock p.m. in the, Trade and Convention Centre, a presentation will be held concerning The Honourable Brenda Robertson's public consultation component of the Social Program Reform process, which refers to the citizens' involvement in the Provincial Government's attempts about continuing public service at reduced costs. ~ On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that members of the general public be requested note that the above meeting will be held with a follow-up meeting planned for early in 1984. to take Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the statement of payments made during the month of October 1983 be received and filed. Question being taken, the motion was carried. Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. I On motion of Councillor Gould Question being taken, the motion was carried. ~1~~ ~ At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-eighth day of November, A.D., 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - 1 Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; B. Steeves, Deputy Building Inspector; R. Adams of Property Management Branch; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend R. Stockall, Rector of Mission Church of St. John the Baptist, offered the opening ~ prayer. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on November 21, 1983, be adopted. Question being taken, the motion was carried. I Her Worship the Mayor noted that a Canadian Safety Council Certificate of Merit was presented to the City of Saint John during the past week, in recognition of the City's fatality-free National Safe Driving Week, December 1 to 7, 1982. The Mayor commented briefly on the christening of the Bow Drill 3, the first Canadian-owned- and-built semi-submersible oil rig, which was held on Saturday, November 26, 1983 at the Saint John Shipbuilding and Dry Dock Co. Ltd.. Her Worship the Mayor referred to a recent newspaper article with respect to the intent of Federal Minister The Honourable Lloyd Axworthy to present to Cabinet the proposed Via Rail improvements and she noted that the City's position, which was recently presented to the Federal Government, is not included in Mr. Axworthy's brief. The Mayor suggested that a motion is in order later in this meeting to forward a telegram to the Minister confirming the City's request for reinstatement of the Via Rail service between Saint John and Central Canada on a six-month trial basis. I The Mayor advised that Mr. David Carlin, President of The United Way of Greater Saint John Inc., has advised that this group has been successful in its bid to host the 1985 United Way of Canada Leadership Conference in Saint John. The Mayor advised that on Saturday, December 3, 1983, the Number 527 Simonds Squadron Air ~ Cadets "Toy Soldiers", who performed in Tattoo 200, will participate on the invitation of the City of Boston, Mass., U.S.A., in the lighting of the Christmas Tree and a parade in Boston, and she noted that she has also been invited to accompany the Premier and the Provincial Minister of the Environment to participate in this event. ~ ,.. 181 Read a letter from Mayor Wayne regarding the necessity of educating the City's young people in the field of marine engineering and/or other courses which would afford them the opportunity of bidding for senior positions at the local Dry Dock, and recommending that she and the Deputy Mayor meet with Dr. T. Condon and Dr. J. Downey of the University of New Brunswick to discuss the statements in the submitted copies of newspaper items concerning New Brunswick's professional engineering fraternity lacking an opportunity to become involved in Canada's frigate program due to its inadequate expertise in the marine engineering field and report to Council. ~ On motion of Councillor Knibb' Seconded by Councillor Schermerhorn RESOLVED that Her Worship the Mayor and with Dr. T. Condon and Dr. J. Downey of the University of New Brunswick and officials Community College-Saint John Campus regarding the above matter and report to Council. I the Deputy Mayor meet of the New Brunswick A brief discussion ensued during which time Councillor Poley suggested that it might ,be feasible to also meet with Mr. Boyd Touchie, President of the Association of Professional Engineers for the Province of New Brunswick, as it is indicated in the submitted newspaper articles that this Association will attempt to meet with the Government in this regard, and Councillor Schermerhorn suggested that this matter should be discussed with Mr. Shepherd, Program Manager for shipbuilding at the Dry Dock. I Question being taken, the motion was carried. Read a letter from Councillor Flewwelling requesting an explanation from staff on the problems experienced with the resurfacing program on the River Road. Councillor Flewwelling asked 'why, after resurfacing the River Road, an area approximately 12 feet wide by 100 feet long was cut out and subsequently refilled leaving the surface uneven. Mr. Robichaud explained that heavy rains after the asphalt was installed caused the springs under the subject road to build up pressure which caused the pavement to lift, following which a large area was excavated, drained and temporarily patched, and he advised that this section of the roadway will be reasphalted and properly sealed in the spring. Mr. Robichaud also advised that it is anticipated that the'Province will assume financial responsibility for at least part of the subject work. ~ I ~ I I ~ ... On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that granted for payment of the following invoices, namely:- Chittick's (1962) Ltd. - sand and sanitary landfill cover Fun-dy Bay Holdings Ltd.- supply of gravel Stephen Paving (1982) Ltd. - supply of asphalt as recommended by the City Manager, authority be November 1-15,1983, $ 5,451.07 November 1-15,1983 12,975.34 November 17-23,1983 $12,299.35 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for'payment of the following construction progress certificates, namely:- 1. Lancaster Centennial Arena Saint John Tile & Terrazzo Co. Ltd. To,place and finish rink slab Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated November 22, 1983 Final holdback release $ 10,940.00 10,940.00 Nil 10,611.80 $ 328.20 2. Simonds Centennial Arena Jamac Painting & Sandblasting Ltd. Metal painting Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated November 23, Final holdback release $ 12,444.00 '12,444.00 Nil 10,577.00 1983 $ 1,867.00 3. Conifer Crescent Sanitary Sewer Johnson Construction Ltd. Current budget allotment Total work done, Estimate Number 5 Retention (work done by Water & Sewerage Department for removing deficiencies) Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated November 23, 1983 Final holdback release $ 3,460.60 $122,715.23 122,715.23 220.86 119,033.77 Note: Pursuant to Court Order, payment to be made to Minister of Finance. 4. Forest Hills Community Centre John Flood & Sons (1961) Ltd. To construct community centre building Original estimated value of contract Total work done, Estimate Number 10 Retention Payments previously'approved Sum recommended for payment, Progress Estimate Number 10, dated November 25, 1983 Final holdback release $349,600.00 345,853.12 Nil 340,853.12 $ 5,000.00 ~ 132 5. Chipseal Program - 1983 Atlantic Colas Limited Chipseal and slurry seal at various locations Original estimated value of contract Total work done, Estimate Number 1 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated November 24, 1983 $102,048.00 119,992.16 Nil Nil ~ $119,992.16 Her Worship the Mayor alluded to a policy which is in practice in certain other municipalities that if extras of over $5,000.00 are required on contracts, the work is ceased and the matter presented to the municipal council for consideration and, upon her request that the City Manager review this I policy, Mr. McDermott advised that he will review this matter and submit a report to Council at its next meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager I advising that the New Brunswick Municipal Finance Corporation has recently sold its second bond issue and that the terms of this issue as they relate to the City of Saint John are as follows:- term: 10 years, serial form in equal annual amounts; average coupon rate for the'lO-year term: 11.45%; price: $99.15 per $100.00, and settlement date: December 15, 1983; noting that the terms of this issue are within the limits approved by Common Council, and recommending that the terms of this issue, as set out in the submitted letter from the Commissioner of Finance, be approved by Common Council and that the Mayor and Common Clerk be authorized to execute the debenture between the City of Saint John and the New Brunswick Municipal Finance Corporation which will set out these terms ,-- be received and filed and the recommendation adopted. Mr. Wilson, replying to Council queries, noted that the City of Saint John is the only _ municipality in the Province of New Brunswick which does not require approval to proceed to expend ~ capital funds, however the New Brunswick Municipal Finance Corporation Act now requires the City to go through the Province for its long-term financing and that, although Saint John has an option to withdraw from the Corporation, such withdrawal requires Provincial approval, and he also noted that the Provincial guarantee on such bond issues reduces the rate by as much as half a percentage point, and under certain conditions, possibly a full percentage point. Mr. Wilson recommended that, until such time as the savings are not as obvious to the City, the City remain within the Corporation. Mr. Wilson explained that the $9 million bond issue in question is related mainly to the City's investment in Market Square, the City Centre Improvements project, the Water and Sewerage Utility, and the refinancing of C.M.H.C. loans which had previously been issued at 14%. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the contract for grading and landscaping of the Shamrock Park sportsfield be awarded to the low tenderer, Maritime Sod Limited of Saint John, N.B., in the amount of $75,697.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Mr. Nicolle, repling to queries of Councillor Flewwelling, explained that the above work has been delayed for approximately 10 years, and it was hoped that same would be cost shared with the 1985 Canada Summer Games, however with the placement of the track and field venue at the University of New Brunswick and the subsequent inability to cost share, the subject work should not be delayed as there is a serious drainage problem to be rectified. Question being taken, the motion was carried. ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that the owners of property at 57, 59 and 61 Glengarry Drive have erected fences on City-owned land, however the owner of the property at 61 Glengarry Drive has stated that his fence will be removed in the spring, and recommending that Common Council authorize City staff to take whatever action is necessary to either have such fences removed from the City-owned property or to arrange short-term leases for the land involved -- be received and filed and the recommendation adopted. Councillor A. Vincent suggested that the above property should be leased to the persons concerned for the sum of $1.00 in order that it be maintained in reasonable condition, and Mr. McDermott expressed the opinion that private citizens should not be permitted to fence City property without first requesting permission and explaining their reasons for wishing to do so. Mr. McDermott, replying to a query of Councillor Flewwelling, advised that negotiations will first be carried out with the persons concerned to attempt to reach a satisfactory leasing arrangement of the subject land, failing which the fences will be removed. I Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the offer of Royal Trust to sell property at Swift Point, which was considered by Council at its October 31, 1983 meeting, recommending that an in-house appraisal be completed on the subject property which is listed for $70,000.00 and that negotiations be commenced with Royal Trust to acquire this property -- be received and filed and the recommendation rejected and the property not be acquired at this time. ~ Councillor Poley questioned if the City has any particular use for acquiring the above property to which the City Manager replied in the negative. ~ ,.. 183 ,Question being taken, the motion was carried. ~ Read a letter from the City Manager regarding the request of Mr. Edward Melanson to purchase property at 271 Main Street, which was considered by Council at its November 14, 1983 meeting, expressing the opinion that, since the City owns the adjoining tot lot, it might be feasible at some time in the future to combine the two properties to be sold as a building site, and noting that the subject property was acquired by the City in 1982 as a settlement 'for demolition costs in the amount of $3,534.15. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that with regard to the request of Mr. Edward Melanson to purchase property at 271 Main Street, Common Council approve the recommendation of the City Manager that Mr. Melanson be advised that the City is not 'prepared to sell this lot at the present time but would be prepared to lease it to him on a yearly basis at a rental of $350.00 per month on the understanding that no building would be erected on it. I Discussion ensued regarding,whether it would be most feasible to retain, lease or sell the above property, the cost of the subject property to the City insofar as water, sewerage and taXes are concerned, and the suggestion was made that this matter should be tabled pending an analysis from the City Manager of rental versus sale of the subject property. Mr. Adams advised that this property was taken over from Canada Mortgage and Housing Corporation at a total cost to the City of $3,534.15. Mr. McDermott, in reply to a comment by Councillor A. Vincent that the proposed rental is inadequate, stated that steps will,be taken to increase the rent. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above matter be laid on the table for one week pending an analysis of rent versus sale with'respect to the subject property. ~ Question being taken, the tabling motion was carried. A brief discussion ensued regarding the anticipated report of the Housing Policies Committee and the Mayor expressed the understanding, based on her discussion with Mr. W. Todd, Executive Director of Housing, that this report will be forthcoming in the very near future. On motion,of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding an agreement with Glen's Take Out Ltd. for the sale of land on Loch Lomond Road between Bayside Drive and St. Catherine's Street, which was approved by Council on September 28, 1981; advising that the Solicitor for this company has requested that the transaction be revived and reapproved by Council, if necessary, and the date for landscaping the City land be extended to August 31, 1984, and recommending that Council's resolution of September 28, 1981 with respect to Glen's Take Out Ltd. be amended by changing August 31, 1982 to August 31, 1984 -- be received and filed and the recommendation adopted. Mr. Adams, replying to 'a query of Councillor Vaughan, explained that a parcel of land was expropri- ated from Glen's Take Out Ltd. for the widening of Loch Lomond Road and the agreement to exchange land with this ~ompany was in settlement of such expropriation claim, however the title to the property has not been transferred to this company and the agreement' has not been finalized. Matters relating to landscaping and a performance bond were discussed and Mr. Rodgers, replying to a query regarding the reason for the delay in transferring title to the subject property, advised that it will be necessary for him to review this matter and subsequently report to Council. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling o RESOLVED that the above matter be laid on the table for one week ~ pending a report from the City Solicitor. Councillor Knibb expressed opposition to tabling the above matter thereby delaying completion of same even longer. Mr. Adams, replying to a query of the Mayor, advised that, with the adoption of the City Manager's recommendation and subsequent finalization of this matter between the Legal Department and the subject company's solicitor, he would anticipate that the performance bond would be posted by the company. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Gould, Knibb, Murray, Poley., Schermerhorn and Vaughan voting "nay". I Councillor Gould expressed the opinion that the above matter should be resolved prior to the suggested extension date of August 31, 1984. Question being taken, the original motion was carried with Councillors Flewwelling, Gould and A. Vincent voting "nay". On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the lease of space in the Old Provincial building, 55 Canterbury Street, to Jerry's Barber Shop, which was considered by Council at its November 14, 1983 meeting, recommending that the following points be included in a lease to be prepared between the City of Saint John and Mr. Gerald Defazio, who is the owner of Jerry's Barber Shop:- (1) the space to be leased is that portion of the property at 55 Canterbury Street as shown on the submitted plan, being the southeastern portion of the Canterbury Street level, with an area of approximately 200 square feet; (2) the lease will be for a period from December 1,1983 to December 31;'1986 at a rental of $150.00 per month, payable in advance; (3) an escalation clause covering any increase in expenses over the 1982 total of $37,878.09 being based on the ratio of the rented space of 200 square feet to the total rentable space in the building of 24,209 square feet , with the first payment on the escalation to be payable on June 30, 1984; (4) the City will supply heat and electricity and will maintain the common hall and exterior of the building; and (5) the tenant will be responsible for the installation of any required plumbing or electrical fixtures, the maintenance of the space including painting, window cleaning, garbage removal and min~r repairs required as a result of some action on the part of the leasee -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. ... 184\ ""11III On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the lease of space in the Old City Hall building to Country Treasures, which was the subject of a Council resolution of November 7, 1983 which set out the terms and conditions of such lease, recommend- ing that,.in view of a misunderstanding which has been resolved and the subject company's being unable to open for business as SOon as expected, the previous resolution of Common Council be amended in the following manner:- (1) the lease period will be for one year commencing January 1, 1984 and (2) the City will provide heat, electricity, garbage removal and will be responsible for cleaning the entrance to the building, with all other points of the agreement to remain as previously presented -- be received and filed and the recommendation adopted. Discussion ensued regarding the cleaning of the entrance to the 'above building and Mr. Adams advised that staff proposes to approach various cleaning companies in the City to obtain prices to carry out this work and that such amount is not anticipated to be too costly. Councillor A. Vincent suggested that tenants should be encouraged to look after their own snow removal needs and the Mayor suggested that staff should give consideration to this suggestion. Mr. Adams, replying to a query of Councillor Vaughan, advised that, although the proposed lease is for a full year, cancellation of same is on a thirty-day notice. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a letter from the City Manager regarding the request of Mr. Eloi J. Robichaud to purchase property at 125 St. John Street West, which was considered by Council at its August 8, 1983 meeting, advising that Mr. Robichaud was offered the subject property at its appraised, value of $6,500.00, however he is not prepared to pay more than $2,000.00. The letter also advises that the property is assessed for $2,700.00 and expresses the opinion that, in view of the fact that a new house is being erected on the other side of Mr. Robichaud's property, there appears to be some demand for the land as a building lot. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that with regard to the request of Mr. Eloi J. Robichaud to purchase property at 125 St. John Street West, Common Council approve the recommendation that this property not be sold for the price of $2,000.00 but that Mr. Robichaud be approached with an offer to lease same on a yearly basis with the stipulation that no building is to be placed on the subject property, with the rental for such use to be negotiated at not less than $350.00 per year. Her Worship the Mayor questioned if the above property was advertised for sale to which Mr. Adams replied in the negative whereupon the Mayor suggested that advertising should be pursued in order to determine if there are other interested purchasers. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table and that the City Manager be instructed to call tenders for the subject property. Councillor A. Vincent suggested that the above property be advertised for sale along with other properties in the City. Question being taken, the tabling motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Fire Chief, the warrant of Mr. Ernest Pettinger, who is resigning from the Saint John Salvage Corps & Fire Police, be cancelled. Question being taken, the motion was carried. On motion of Councillor Gould ~ I I ~ I ~ Seconded by Councillor Poley RESOLVED that the letter from the City Manager regarding the request of Albeco Advertising to install park benches and place advertising thereon at bus stops throughout the City, which was considered by Council at its October 11, 1983 meeting; advising that a similar proposal has been approved by the City of Fredericton for the placement of seven benches I outside the downtown area on a one-year trial basis to the satisfaction of the City Engineer, that the subject company keep such benches free of snow and comply with the requirement of a $1,000.00 performance bond in the event the City has to 'take corrective action; also advising that the Saint John Transit Commission is concerned that, while it has no formal objection to this proposal, such benches and signs may not present a good image for the City or the Commission, and also the Commission is of the opinion that bus shelters would provide a better service to transit users and is considering a proposal which would be preempted by such advertising benches; stating that, on balance, advertising benches are not recommended, but if Council should decide to proceed, conditions similar to those required by the City of Fredericton should be a requirement of the agreement, and recommending that advertising benches not I be approved -- be received and filed and the recommendation adopted. Councillor Schermerhorn, speaking in opposition to the above resolution, questioned if staff is familiar with the type of benches installed in Fredericton and whether there are reasons other than those indicated in the above report for staff recommending rejection of the subject company's proposal. Mr. McDermott advised that Mr. Barfoot investigated the Fredericton situation. Question being taken, the motion was carried with Councillors Knibb, Murray and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager referring to Common Council's resolution of September 26, 1983 regarding the sale of property at 21-23 and 25 Coburg Street to Dr. Vincent Shannon and Mrs. Dorothy Zed, respectively, advising that Mrs. Zed is not prepared to proceed with the purchase of this property and recommending that (1) that portion of the Common ~ ....J ,. 185 " ~ I 1 ~ ~ 1 ~ I I ~ .... Council resolution of September 26, 1983 dealing with the sale of the property at 25 Coburg Street to Mrs. Dorothy Zed be rescinded; (2) City staff be authorized to list the property for sale as follows:- (a) the listing price to be $68,000.00; (b) the listing period to be 90 days from December 1, 1983; (c) the property to be listed for sale with the Royal Trust Company and that this company be instructed to use the Multiple Listing Service of the Greater Saint John Real Estate Board; and (d) normal sales commission to be paid on transfer of title; and (3) authority be given for the payment of $630.00 to Royal Trust Real 'Estate, being a commission of 6% on the selling price of the land sold ,to Dr. Shannon for $10,500.00 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the letter from the City Manager submitting a copy of a proposed settlement agreement with Civic Employees Local Union No. 18, C.U.P.E., regarding grievances dated January 22, 22 and 25, 1982, such agreement incorporating the provisions of settlement of the matters of dispute and providing for the City to pay the sum of $50,000.00 to the Union in full settlement of all and any claims arising out of the grievances and for the Union to withdraw the grievances and indemnify the City against any further claims, 'and recommending that the Mayor and Common Clerk be authorized to execute the proposed settlement agreement with Local No. 18, be received and filed and the recommendation adopted. Councillor Knibb, speaking in opposition to the above motion, expressed the opinion that, although this motion is intended to bring about better ,relations between the City and the Union, it would be better to pursue this matter through arbitration and have an outside group make such a decision. Councillor A. Vincent questioned whether the matter of insurable earnings for unemployment insurance benefits has been addressed to which Mr. Rodgers replied that the only correspondence from an outside agency of which he is aware is in connection with unemployment insurance, however he is of the understanding that the negotiations between staff and the Union took into account, any problems with respect to income tax which may occur later. Councillor Gould expressed concern that no staff reprimand is being given in this regard and suggested that a review of this matter should be made to determine who is at fault thereby leading to the situation which caused the above grievances. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Knibb and A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Davis, RESOLVED that the City Manager be instructed to investigate the cause of the situation which lead to the above grievances and report to Council. Councillor A. Vincent questioned the propriety of the City Manager's involvement in an investigation which may concern his actions. Question being taken, the motion was carried with Councillor Murray and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the tender for supplying rented equipment to the City for the period December 1, 1983 to November 30, 1984; recommending that, as the major component of this contract is truck hire for which evaluation has been completed as indi~ cated in the summary included herein, acceptance at this time of only that portion of the tender dealing with trucks; stating that tenders for trucks were also requested on a per tonne/kilometre basis for which a summary schedule is submitted for Council's consideration, and recommending that the lowest tender received, namely that of D. Hatfield Ltd., for the rental of trucks as specified in the said summary be accepted at the hourly rate stated and that the tender of D. Hatfield Ltd. be accepted for supplying 6 yard and Tandem trucks on a per tonne/kilometre basis as indicated in the submitted summary schedule -- be received ;"nd filed and the recommendation adopted. (Councillor Poley withdrew from the meeting.) Mr. McDermott noted that items 2 and 4 in the above letter are indicative of truck rentals without operators. Mr. Hanlon explained the nature of the above tender and discussion ensued regarding the inclusion " of a provision in same with respect to renting from staff or staff's families; the duration of the rental period, which Councillor A. Vincent suggested can be shortened by the City's declining to order for a certain period of time; the method of weighing of material hauled, and the ,anticipated report on the matter of rental versus ownership ,of equipment insofar as cost is concerned. Question being taken, the motion was carried. Read a letter from the Planning Advisory Committee regarding the request of Housing Alternatives Inc. that the conditions of zoning applicable to a portion of Highmeadow Park be amended to permit the placement of storage sheds by Highmeadow Park Co-Op Ltd., which was considered at Council's meeting of October 3, 1983. The Mayor suggested that, because of a request of the Minister of Natural Resources, the above matter should be tabled for one week. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan with respect to the proposed subdivision at the easterly end of University Avenue and authorize the necessary procedure to close out the existing legal right-of-way. Question being taken, the motion was carried. ""IIIIl 186 On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the letter from St. Joseph's Hospital that two parking spaces in front of the said Hospital be designated for wheelchair patients referred to the Chief of Police and that every consideration be given to this request. requesting be ~ Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Knights of Columbus, Saint John Council No.' 937, requesting permission to place a Manger Scene in King Square, for the period December 3, 1983 to January 15, 1984, be received and filed and the request be granted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Saint John College Development 1 Incorporated urging Common Council to take positive action on the report on International Development Entrepreneur Areas, dated April 27, 1983, by Dr. D. C. MacCharles, and stating that the' said Corporation supports the views expressed in this report as to the need for an M.B.A. programme at the Saint John Campus of the University of New Brunswick -- be received and referred for discussion at the meeting with the Mayor, Deputy Mayor, Drs. T. Condon and J. Downey of the University of New Brunswick and representatives of the New Brunswick Community College-Saint John Campus. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Atlantic & Neon Plastic Signs Ltd. advising that the head office of Northern Telecom has given approval for the placement of a sign, as indicated on the submitted plan, on the Northern Telecom building in Saint John on the condition that such sign is ordered and installed by December 16, 1983; stating that this signage would be well- maintained, of quality and would be in keeping with other signage in the area, and requesting Council's immediate attention to this matter be referred to the City Manager and staff for a report and recommendation at the next meeting of Council. ~ Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Super Slide Ltd. submitting copies of plans and drawings regarding its proposal to construct two waterslides at Rockwood Park, such project to cost between $200,000.00 and $225,000.00 and to employ six to eight persons during the summer months, stating that the only assistance needed from the City of Saint John would be the lease of land at Rockwood Park, and requesting Council's earliest reply in order for construction of this project to commence in the spring of 1984 -- be referred to the City Manager and the Rockwood Park Advisory Board for a report and recommendation. 1 Mr. Nicolle, replying to a query of Councillor Knibb, advised that the only correspondence has had with the above company is in connection with the Lakewood reservoir not Rockwood Park and he suggested that, as the subject proposal is for the Lily Lake area, it would come under the jurisdic- tion of the Horticultural Society and should be referred to that group. he Question being taken, the motion was carried. ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John reaffirm its position for the establishment of a six-month trial session for the revival of Via Rail services on the traditional route from Saint John through to Montreal, P.Q., to The Honourable Lloyd Axworthy, Federal Minister of Transport, with Common Council's strongest recommendation that this service be attempted. The Mayor suggested that the above resolution be forwarded immediately by telex to the Minister to be followed up by a letter. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council I meet in Legal Session. Question being taken, the motion was carried. Cf),LJRl !T(E"'~/d ~ ..... ,.. 187 ;_--~;D '.; At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the ,: f,ifth day of December, A.D. 1983, at 7:00 o'clock p.m. ~ present Samuel Davis, Esquire, Deputy Mayor ,c Councillors Flewwelling, Gould, Knibb,Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - -:1 Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wiison, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; M. Zides, Commissioner bf Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; R. Adams, Property Management Branch;, and Miss M. Conley, Administrative Assistant to the Mayor. -I Father Edward Walsh, Associate Pastor of St. Rose Parish, offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on November 28, 1983, be adopted. " Question being taken, the motion was carried. ~ Deputy Mayor Davis welcomed to the Council Chamber members of the 1st Bloomfield Boy Scout Troop to whom he briefly explained Council's meeting procedures. Councillor Murray conveyed congratulations on behalf of Council to Mr. Mike Butler of Saint John, who captured the Canadian men's singles badminton title in Calgary, Alberta on Saturday, December 3, 1983. Deputy Mayor Davis extended an expression of condolen~e to the family of the late Mr. William Hazelwood, a former City employee, who passed away on Saturday, December 3, 1983. Deputy Mayor Davis noted that on Thursday, December 8, 1983, the Bi-Capitol Project will be officially making the transaction for the purchase of the Full Gospel Assembly building, which is the former Capitol Theatre, such building to be converted for use as a performing arts centre. 1 The Deputy Mayor read a telex, which was received earlier this date, from The Honourable Lloyd Axworthy, Federal Minister of Transport, constituting his formal approval of funding of up to $1.6 million under the Special Recovery Capital Projects Program with respect to the construction of the grade separation for the Church Avenue Overpass. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), cont~ining approximately one acre, with a frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from Low Density Residential to Heavy Industrial classification, to allow re-zoning of the parcel from Suburban Residential to Heavy Industrial classification so that it may be used for the storage of motor vehicles, as requested by Mr. Ray Corscadden. (Councillor Poley, withdrew from the meeting.) ~ A brief discussion ensued regarding the proposed use of the above property and Mr. Winch noted that the applicant is proposing that the requested re-zoning be subject to Section 39 of the Community Planning Act. (Councillor A. Vincent withdrew from the meeting during the foregoing discussion.) Public presentation was made of a proposed Municipal Plan amendment to redesignate four parcels of land containing approximately 175 acres located north of Ashburn Road between the Saint John Throughway and Rothesay Avenue (L.R.I.S. Numbers 297333, 298422, 305128 and 51706), as shown on the submitted map, from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, to permit the lands to be re-zoned for the establishment of quarrying and asphalt manufacturing operations, as requested by Desourdy Construction and Stephen Paving (1982) Ltd. ' I Councillor Flewwelling questioned whether or not, should the above application be the subject of a public hearing and subsequent approval by Council, there would be any control over the heavy smoke or fallout which would emerge from the plant itself to which Mr. Winch replied that discussions have already commenced with the Provincial Department of the Environment, as well as with other departments and agencies, to determine what conditions, if any, should be attached to such are-zoning. (Councillors Poley and A. Vincent re_entered the meeting.) ~ Mr. Louis E. Murphy, M.L.A., addressed Council on behalf of the Saint John Association for the Deaf, with respect to premises occupied by this group in the Old Provincial building at 55 Canterbury Street and his previous appearance before Common Council on November 21, 1983 in this regard which left the impression that the Saint John Association for the Deaf agrees to accept the smaller premises with no further reduction in same, that Common Council accepts the receipted invoice as proof that this group's lease does not expire until February 1984, and that Council agrees to renew the subject lease at a nominal fee, hopefully $1.00 per year as before. Mr. Murphy, in view of this impression, expressed surprise that the Saint John Association for the Deaf has since received a new lease to sign effective January 1, 1984 at a rental of $1.56 per square foot, which would be in excess of $1,300.00, and he expressed the opinion that, as this Association is unable to pay such an amount, this group will be forced to relocate thereby losing occupancy in a building which meets its needs. Mr. Murphy requested Council's serious consideration of the following recommendations:- (1) that the Saint John Association for the Deaf be exempt from Council's previous resolution which sets the rental rate to be charged tenants occupying premises at 55 Canterbury Street; or (2) that Council give serious consideration to renewing the Association's present lease for a longer term at a nominal charge with a clause inserted that the Association will vacate in 60 days should the property be required or sold by the City; or (3) that Council provide a grant to the Association to be applied to the rent. _I .... 1(' I ,~r4!' 138 ""'Ill Councillor Vaughan expressed the understanding that the Saint John Association for the Deaf, as well as other tenants presently occupying space in the subject building, will receive a City grant to cover the amount of the rent, however it is necessary for Council to be aware of the rent which would be received should this building be rented on the open market. Deputy Mayor Davis pointed out that there was never any intention to increase the rent for this group. Mr. Murphy questioned the propriety of the Association's signing the new lease which indicates rental of $1.56 per square foot to which the Deputy Mayor suggested that the Association should obtain a letter from the City concerning this matter. Councillor A. Vincent suggested that Mr. Murphy should meet with the City Manager in this regard. Mr. McDermott, replying to a query of Councillor M. Vincent, confirmed that the City receipt which was issued to the Association indicating that the subject rent is paid until February 1984 is in order. Notice had been sent to Mary Elizabeth Sandra Clayton, Mortgagor, Her Majesty the Queen in Right, Mortgagee, to appear at this meeting to show cause, if any, why the building located at 9 Jardine Street (L.R.I.S. Number 320788), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and stated that this two-storey woodframe building was fire-damaged in July 1983 at which time over 50 per cent of same was destroyed, and that it is dangerous and dilapidated, and he would recom- mend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that notice having been given to Mary Elizabeth Sandra Clayton, Mortgagor, Her Majesty the Queen in Right, Mortgagee, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at ' civic number 9 Jardine Street (L.R.I.S. Number 320788), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 9 Jardine Street in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Mary Elizabeth Sandra Clayton, Mortgagor, Her Majesty the Queen in Right, Mortgagee, are hereby required to remove or destroy the said building situate at civic number 9 Jardine Street in the City of Saint John, within ten days after r~ceiving notice to do so by the Building Inspector: '7r' 0.' AND BE IT FURTHER RESOLVED that upon failure of the said Mary Elizabeth Sandra Clayton, Mortgagor, Her Majesty the Queen in Right, Mortgagee, to remove or destroy the said building situate at 9 Jardine Street in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Mary Elizabeth Sandra Clayton, Mortgagor, Her Majesty the Queen in Right, Mortgagee. Mr. Johnson, replying to a query of Councillor A. Vincent, expressed the understRnding that the owner of the above building is the Minister of Veterans' Affairs whereupon Councillor A. Vincent suggested that the Federal Government should be responsible for the expenditures associated with removal or demolition of the subject bui+ding and he requested that staff pursue this matter with the appropriate Federal department within the time period permitted the owner to remove or destroy the subject building. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Mana~~r, authority be granted for payment of the submitted copy of a construction progress certificate in the amount of $13,132.50 for interior renovations carried out in the Brodie building by Kevin Ross Cabinets and Furniture, in accordance with the Council resolution of December 17, 1979. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November as recommended by the City Manager, authority 24- 30, 1983 $7,079.15 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Memorial Field Canteen & Press Box Pro-Woodworking Enterprises Ltd. To construct canteen and press box structure Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 30, 1983 Final holdback release $11,023.27 9,959.98 Nil 8,147.23 $ 1,812.75 2. Chain Link Fencing - 1982 Fundy Fencing Limited Supply and installation at various sites Current budget allotment Total work done, Estimate Number 4 Retention $16,016.82 16,016.82 Nil ~ 1- I ~ 1 ~ 1 I ~ ..... ,.... 1~j Payments previously approved Sum recommended for payment, Progress' Estimate Number 4, dated December 1, 1983 Final holdback release 15,536.32 $ 480.50 ~ Question being taken, the motion, was carried. On motion of Councillor Knibb I Seconded by Councillor Murray , RESOLVED that the letter from the City Manager regarding the skywalk between Brunswick and Market Squares which has been open, except for brief periods, from May 17, 1983, and for which interim arrangements had to be made for the proper maintenance ~f the areas used by the public with The Rocca Group Market Square Development Limited requested to perform such work; advising that, in order to allow the public use of the temporary skywalk which spans the podium of the City Hall building and other construction areas, a security fire watch was required during the hours that the skywalk was open to the public; also advising that agreement was reached with Mr. Patrick Rocca that, as the costs being incurred were somewhat to the benefit of Rocca, Market Square would pay 1/3' and the City would pay 2/3 of these costs and the City has now been invoiced by this company for such costs as follows:- May 20 to June 17, total cost - $7,356.91, City's share - $4,904.61; and July 15 to September 30, total cost - $15,531.79, City's share - $10,354.52, and recommending approval of these invoices -- be received and filed and the recommendation adopted. I Councillor Poley questioned whether, in view of the fact that the above skywalk is as beneficial to Brunswick Square as it is to Market Square, any negotiations were entered into with the former in an attempt to obtain cost sharing on a three-way basis. Mr. McDermott concurred with Councillor Poley that this might be possible and suggested that this matter should be tabled for one week so that discussions can be held with Brunswick Square. On motion of Councillor Poley ~ Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table for one week. Councillor Knibb expressed the oplnlon that, as it is clear that the above agreement was entered into with Rocca thereby making it improbable that a third party can now be expected to cost share the subject amount, Council should approve the payment of the said invoices at this time. Question being taken, the tabling motion was lost, a tie vote having been created with Councillors Gould, Knibb, Murray, A. Vincent and M. Vincent voting "nay". I Councillor Schermerhorn questioned if additional costs are anticipated with respect to the above to which Mr. McDermott replied in the affirmative, however eventually, the total costs, in the long term, will be cost shared with Brunswick Square, Market Square and Rocca. Councillor Gould expressed the opinion that the above costs appear to be excessive and questioned what costs are anticipated once construction of the skywalk is completed to which Mr. McDermott replied that meetings are anticipated with the other persons concerned following which a report will be submitted to Council. Councillor Gould questioned what amount has been included in the 1984 budget with respect to skywalk expenditures. Mr. Barfoot noted that 'the current estimate for the whole of the skywalk between Brunswick and Market Squares; which includes electrical expenses, maintenance, etc., is $100,000.00 and he expJ,ained that, once the construction phase of this skywalk is complete, the necessity of a security person being available at all times the skywalk is open to the public will be removed and he noted that 60 per cent of the ,above costs represents such security. Councillor Poley re-iterated that one third of the above costs should be incurred by Brunswick Square. A brier discussion ensued regarding the closure cf the skywalk for brief periods of time on v~iuus occasions and the subject agreement with Rocca, the latter which Councillcr Vaughan referred to and expressed the opinion tnat Council, rather than staff, should have made such a decision for cost sharing. Question being taken, the original motion was carried with Councillors Poley, Schermerhorn and Vaughan voting "nay". ~ ()n motion of CouncL,loc 1'0Jey Seconded by Counclllor,A. Vincent RESOLVED that the City Manager be requested to' contact cfficials of Brunswick Square in an effort to negotiate an agreement wit.ll respect to cost sha.... ing of the ::ikY',Elk system between Brunswick and Market Squares. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Could HESOLVED that as recommended by'the City Manager, a purchase order be placed with Canron Inc. in the amount of this company's quoted price of $14,871.UO, all oax~s extra, for the supply of the necessary fittings for modifications at the East Musquash Pump Station. Question being taken, the motion was carried. I On motion of Councillor Gould 'Seconded by Council~or Kniob RESOLVED that as recomrr,ended by the City Manager, tenders for the supply of rented equipment for the period ending November 30, 1904, oe awarded in accordance with the recom- mendation contained in 'the submitted bid surr~ary. ~ ~~'. Hanlon, replying to ~ query of Counci~loL' Flewwelling, advised that it i~ the contractor's responsibility, upon the City's request, to supplychalns !'or equlpment. In r~p~y to queries of Councillor M. Vincent, Mr. Hanlon exp~ained that, in instances where two identical tendered amounts are recommended, the availability of the two units concerned will determine the extent of which each is hired by the City, however an attempt will be made to divide the hiring equally, and he also explained that an effort was made to inspect all ,equipment tendered, however in some cases equipment was not available for inspection or acceptable to the City thus explaining the reason for other than the lowest tendered amount ,ei g r~commended in some instances. Councillor A. Vincent questioned how the City will obtain the services of a 50 h.p. case 450 crawler tractor with blade, or equivalent, in view of no tender being recommended for acceptance, to which .... ""'IIIl 1~O. " Mr. Hanlon explained that in several instances, this being one', contractors bid the same machine in two different categories and, if the City requires this particular piece of equipment, it will hire t~e other machine bid and pay $1.75 per hour less. Councillor A. Vincent suggested that, rather than staff making extensive efforts to inspect the equipment tendered, the tendered prices be accepted and, in the event such equipment is not available when required, the performance bond be used to make up the difference of hiring such equipment at a higher price. Councillor Flewwelling questioned how, if a fork lift of 8,000 pound capacity is required in view of the fact that no tender was submitted, staff will obtain same to which Mr. Hanlon advised that staff will attempt to negotiate a price should this unit be required. Councillor M. Vincent questioned how often the City would require the use of a 300 h.p. Cat D8 crawler tractor with a blade, or equivalent, particularly in view of the recommended tender being approximately $25.00 more than the lowest bid received, to which Mr. Robichaud estimated that such equipment should not be required any more than one week in any given twelve-month period. ~ Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". I " - On motion of Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the request of Atlantic and Neon Plastic Signs Ltd. for approval to erect 'external signage on the Northern Telecom building at Hilyard Place, which was considered by Council at its meeting of November 28, 19b3, recommending that the proposed Nc,--thern Telecom sign be permitted to be erected, but that no other 1 tenants' sign be permitted until external signage criteria is submitted by the project lessee and approved'by the City -- be received and filed and the recommendation adopted. Seconded by Councillor Knibb Question being taken, the motion was carried. Read a letter from the City Solicitor regarding an agreement with Glen's Take Out Ltd. for the sale of land on Loch Lomond Road between Bayside Drive and St. Catherine's Street, which was considered at Council's last meeting, referring to the question at that time as to why the transaction was not completed to meet the conditions of the Council resolution of September 28, 1981, explaining that part of the terms and conditions of the land exchange was that this company would be responsible for landscaping an adjoining parcel of land owned by the City and, to assure the compliance of the ~ conditions with regard to this landscaping, the subject company was to provide to the City a $5,000.00 performance bond or an'irrevocable letter of credit. The letter points out that, when this matter reached the stage of finalization from the City's poant of view, Glen's Take Out Ltd. did not come forward with the bond or the letter of credit therefore the transaction was not finalized, and expresses the understanding that Glen's Take Out Ltd. is ready to provide the necessary security and, because of the limitation in the previous resolution, it was necessary for Council to amend the resolution by adopting the recommendation of the City Manager as contained in his report to Council, dated November 24, 1983. Mr. Rodgers noted that the above report was prepared on the basis that this matter was tabled at Council's last meeting, however as the minutes of the subject meeting indicate, the tabling motion was lost and the City Manager's recommendation subsequently adopted. On motion of Councillor Schermerhorn 1 Seconded by Councillor Flewwelling RESOLVED that the above letter from the City Solicitor be received and filed. Question being taken, the motion was carried. 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 begs leave to report that it sat on October 24, 1983 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent and your Committee submits the following recommendation, 'namely:- 1. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Memorandum of Agreement with respect to the grievance of Constable J. H. Hooper of the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. 5 December, 1983 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a i I' man. 1 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above report be received and filed and the recommendation contained therein be adopted. 1 Councillor Poley noted that, in line 2 of paragraph 3 of the submitted memorandum of agreement, the word "if" should be "is" and the word "or" should be deleted. Question being taken, the motion was carried with Councillor ,Gould voting "nay". 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 begs leave to report that it sat on November 28, 1983 when there were present ~ ,.... .'.~. ;"J- , 19J ~ I I ~ I ~ I I ~ .... Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn and Vaughan, and your Committee submits the following recommendations','namely:- 1. That the request of the Atlantic Division of the Multiple Sclerosis Society of Canada for financial assistance on the occasion of the Society's Tenth Annual Atlantic Conference scheduled for May 18 to 21, 1984, be denied. 2. That as recommended by the City Manager, Common Council accept the settlement offer of $5,000.00 with respect to the repair cost of holes made in certain City-owned buildings in the Prince William Street area by Public Works Canada, and authorize payment for the supply of steam heat to the Old Post Office bui~ding, as contracted for with the said Department, in the amount of $37,440.00, for the period from April 1981 to September 1983, less the settlement amount of $5,000.00. ' 3. That as recommended by the City Manager, the Mayor and Common Clerk be authori zed to' execute the submitted Memorandum of Agreement with respect to the grievance of Constable C. Douglas Adams of the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. 4. That as recommended by the City Manager, the vacant lot at 64 Queen Street be sold to Housing Alternatives Inc. for the sum of $1,000.00, with the City to retain an easement and with the provision in the deed that, if such property is needed in the future for the overall development in the subject area, it be sold back to the City for the same price. 5 December, 1983 Saint John, N. B. Respectfully submitted, (sgd.)Elsie E. Wayne, C h a i I' man. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent expressed the opinion that, as other less worthy groups wh9 did not meet the criteria of the grants policy have been awarded grants, the above organization's request should be approved and a grant in the amount of $1,000.00 be awarded, otherwise each Council member should contribute privately to this group. Councillor Murray noted that the anticipated ,report and recommendations of the Grants Review Committee have yet to be received. Question being taken, the motion was lost with Councillors Flewwelling, Murray, Poley, Vaughan, A. Vincent and M. Vincent voting "nay". On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that with regard to the request of the Atlantic Division of the Multiple Scierosis Society of Canada for financial assistance on the occasion of the Society's Tenth Annual Atlantic Conference scheduled for May 18 to 21~1984, a grant in the amount of $1,000.00 be approved. Councillor Knibb expressed opposition to the above motion and noted that Council has been attempting at recent budget meetings to reduce the City's expenditures with respect to grants and other matters, and he concurred that Council members should privately donate to the above group. Question being taken, the motion was carried with Deputy Mayor Davis and Councillors Gould, Knibb and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section '2 of the above report be adopted. Councillor A. Vincent questioned if the above settlement of $5,000.00 is the best that could be reached to which the City Manager replied in the affirmative. Question being taken, the motion was carried. On motion'of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. "nay". Question being taken, the motion was carried with Councillors Gould and A. Vincent voting On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4,of the above report be adopted. Councillor Poley referred to the inclusion in the above motion'of the section dealing with the subject property being resold to the City should it be required for the overall development of the subject area and questioned if a limit should be set with respect to this option to repurchase as, in his opinion, it is necessary to do so' in order to convey such property. Mr. Rodgers concurred with Councillor Poley that this resolution would be worked into the standard policy of options and there would have to be a time period with respect to when the conditions have to be met to know when ,such option may arise, and he advised that he would have to review this matter to determine if all information which was negotiated is included in the subject resolution. Councillor A. Vincent suggested that this matter should be tabled until Council's next meeting pending review by the Legal Department. (Councillor M. Vincent,withdrew from the meeting during the foregoing discussion.) On motion of Councillor A. Vincent Seconded by Councillor Poley RESOLVED that the above matter be laid on the table for one week pending a report from the City Solicitor.' Gould, Question being taken, the tabling, motion was carried with Deputy Mayor Davis and Councillors Knibb and Schermerhorn votine; "nay". 1!lJ~ .., Consideration was given to a letter from the Planning Advisory Committee regarding the request of Housing Alternatives Inc. for an amendment to the conditions of zoning applicable to a portion of Highmeadow Park to permit the placement of storage sheds by Highmeadow Park Co-Op Ltd., which was tabled at Council's last meeting, stating that the Committee has reviewed the submitted staff report and is prepared to recommend that the sheds be permitted, however in view of the apparent opposition by a number of homeowners or their associations, it is felt that any approval should not, at this time, extend beyond the units owned by the Co-Op; pointing out that notwithstanding any Council approval, there may be covenants and deed restrictions which preclude the placement of the sheds, and recommending that accessory buildings be permitted for each lot in Phase I-Phase II of Highmeadow Park provided that each building has a maximum width, length and height of 2 metres and is located at least 1 metre from the rear property line. Consideration was also given to a letter from the Trustees of Loch Lomond Holdings Inc. regarding the request of Housing Alternatives Inc. to construct storage sheds in Highmeadow Park, stating that the homeowners of Highmeadow Park north subdivision do not wish their area to be re-zoned nor do they want accessory sheds of any type or description on the townhouse lots or any units in the entire subdivision for the reasons as indicated. On motion of Councillor Gould ~ 1 Seconded by Councillor Vaughan RESOLVED that the request of Housing Alternatives Inc. for an I amendment to the conditions of zoning applicable to a portion of Highmeadow Park to permit the placement of storage sheds by Highmeadow Park Co-Op Ltd., oe denied. Councillor Knibb concurred with the above motion and expressed the understanding that Council is denying such request until such time as there is more general agreement among the property owners in Highmeadow Park with respect to this matter. Councillor Poley suggested that Council should be consider~__ ing the recommendation of the Planning Advisory Committee and to deny such recommendation now is untimely prior to hearing from the residents in support and opposition to such request. Councillor Murray expressed the understanding that there are covenants and deed restrictions which preclude the placement of such sheds in Highmeadow Park. 'Question being taken, the motion was carried with Councillor Poley voting "nay". On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the letter from the Trustees of Loch Lomond Holdings Inc. expressing opposition to the proposed construction of storage sheds in Highmeadow Park as requested by Housing Alternatives Inc. -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from The Honourable C. W. Harmer, Provincial Minister of the Environment, acknowledging Council's resolution of October 31, 1983 regarding air pollution in East Saint John, expressing the understanding that the request in the said resolution was fulfilled at a meeting on November 17, 1983 in Saint John with The Honourable Gerald Merrithew, Mayor Wayne, citizens of'East Saint John and staff of the said Department at which time this problem was discussed in detail -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Hospitality Associ- ation referring to its earlier request for Council's response to the matter of an appointment to the vacant position of information officer and requesting Council's early reply to same -- be referred to the City Manager for a report and recommendation. A brief discussion ensued during which time Councillor Murray stressed the importance of communication with the above group in efforts toward promoting the City and Councillor Knibb suggested that the City Manager should review the proposal presented by Mr. J. Sharp of Hilton International Saint John at a recent caucus meeting of Council with respect to the overall concept of tourism being taken over more directly by the private sector of the community. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that requesting to purchase lot number 455410 on Lakeview Drive the City Manager for a report and recommendation. the letter from Mr. Richard A., Ritchie for the sum of $4,500.00 -- be referred to Question being taken, the motion was carried. Consideration was given to a letter from Mary Murphy of Canada Permanent Trust Company offering to sell the McAvity property at 168 Rothesay Avenue to the City. A motion was proposed by Councillor Schermerhorn that, in keeping with policy, this matter be referred to the City Manager, however, such motion was not seconded. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mary Murphy of Canada Permanent Trust Company offering to sell the McAvity property at 168 Rothesay Avenue, which is listed at $1.5 million and assessed at $1,024,000.00, stating that this company would be most willing to present any offer the City deemed viable for same -- be received and she be advised that the City has no interest in acquiring this property at this time. Question being taken, the motion was carried. ~ 1 ~ 1 1 ~ .... ,.- 1$3 .. ... .' (Councillor Poley withdrew from the meeting.,) On motion of Councillor Schermerhorn ~ Seconded by Councillor Knibb RESOLVED that the letter from Barry, O'Neil & Company, Solicitors, who represented the City of Saint John on behalf of its insurers with respect to the Central Trust Company of Canada vs. The City of Saint John action, expressing appreciation to various City staff members for their assistance in defending such action -- be received and filed and the staff members named therein be recognized for their contributions in this regard. I Councillor A. Vincent questioned if the above company has entered an appeal to which Mr. Rodgers advised that he is not aware of any such appeal. Question being taken, the motion was carried. On motion of Councillor Knibb I who are representing the City with expressing appreciation to various "- received,and filed. Seconded by Councillor Flewwelling RESOLVED that the letter from Barry, O'Neil & Company, Solicitors, respect to the Saint John Gaol Fire-June 21, 1977 action against the City, City staff members for their assistance in defencing such action -- be Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) On motion of Councillor Knibb ~ Seconded by Councillor Vaughan RESOLVED that with regard the letter from Big Book Group Alcoholics Anonymous submitting copies of correspondence regarding this group's rental of space in the Old Provincial building, 55 Canterbury Street, and the proposed increase in rent as a result of a Common Council resolution of November 14, 1983 which approved a recommendation of the City Manager that all charitable and non-profit organizations that are occupying City buildings be required to pay a rental equal to the cost of operating the building, and requesting to retain its present location at a rental rate which this group can afford -- Council confirm the new rental rate for the subject space and this group be advised that Council will authorize a';grailt "in l:i:eu of the said rent. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Eric L. Teed referring to the November 30, 1983 issue of The Royal Gazette wherein it is noted that; under the Natural Product Grades Act, the Lieutenant Governor in Council has made a regulation No. 83-177 respecting dressed and eviserated poultry and refers to the Cities of Saint John and Lancaster and the Parish of Simonds, and suggesting that the City contact the authorities concerned pointing out that Lancaster has long ceased to be a city and that the use of the term "Saint John-Lancaster market area" is an historic anachronism and should be brought up to date -- be referred to the City Solicitor to update the Provincial Government with respect to this matter. Question being taken, the motion was carried. On motion of Councillor Gould ~ Seconded by Councillor Schermerhorn RESOLVED that the notices from the Liquor Licensing Board advising that the hearings of the applications of Kenel Enterprises Ltd. for a lounge license and Rujo Holdings Ltd. for a beverage room license regarding premises at 2171 Ocean Westway and 39 King Street, respectively, will be held on December 9, 1983 -- 'be received and filed. Question 'being taken, the motion was carried. Councillor A. Vincent questioned the availability of the anticipated report regarding the cause of the situation leading to the grievances and subsequent settlement agreement with Local 18, which was requested at Council's last meeting, to which the City Manager replied that such report will be available at ,Council's next meeting. I The Deputy Mayor noted that Council will not be meeting during the week of December 26, 1983, however a regular session is scheduled for Tuesday, January 3, 1984. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I ~rg~/~4 ~ 110.. ~ 1~4" At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the twelfth day of December, A.D. 1983, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor ~ Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - ~J' Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; D. J. French, Director of Personnel; C. E. Nicolle, Director of Recreation and Parks; R. Adams, Property Management Branch; B. Belyea, Budget Officer; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. ' 1 Reverend Mr. Robert E. Freill, Deacon, Family Life Co-Ordinator of the Diocese of Saint John, offered the opening prayer. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on December 5, 1983, be adopted. Question being 'taken, the motion was carried. ~ Her Worship the Mayor commented briefly on her participation in the Christmas Tree Lighting Ceremony in Boston, Mass., U.S.A., on December 5, 1983, as well as on the success of The Bi-Capitol Project Inc. with respect to the purchase of the former Capitol Theatre, which was finalized on December 8, 1983 and this group's need to raise an additional $10 million to assist in renovating the building and in establishing an endowment fund to finance theatre operations and develop local talent. Her Worship the Mayor referred to the letter from the Saint John Community Christmas Exchange, noting that Reverend Mr. Freill is the Committee Co-Chairman, and elaborated on the service provided by this group in the co-ordination of the distribution of Christmas dinner baskets and vouchers to those persons in need. The Mayor urged all citizens to assist this group of volunteers in meeting the increased needs this year. The Mayor noted that the second Annual Torch Light Parade, to celebrate the birth of The Christ Child, will be held on Wednesday, December 21, 1983, with an Ecumenical Church Service to follow, and she related details of this celebration. 1 Her Worship the Mayor noted the presence in the Council Chamber of Mrs. Lucy Blando, teacher of the grade 5 class at St. Joseph's School and, following her introduction, Master Bobbie Stewart presented a card conveying Christmas greetings and their thanks to Council for their recent tour of the Council Chamber and the Mayor's Office during which time Deputy Mayor Davis addressed the class. Master Stewart sang a solo, the lyrics of which were composed by this class, for Council following which the Mayor thanked Mrs. Blando and the students for their presentation. Her Worship the Mayor presented Dominion of Canada Rifle Association national shooting awards to the following members of the No. 161 (C.K. Beveridge) Squadron, Royal Canadian Air Cadets:- Warrant Officers Cathy Breau and Stephen Rafuse, Corporals Francine Currie and Paul Rafuse, Leading _ Air Cadets Paul Lanigan and Clifford Melanson. The Mayor noted that this shooting team placed first ~ in Canada in the National Air Cadet shooting competition, which took place early in 1983. Read a letter from Mayor Wayne submitting a letter ,from the Deputy Minister of Transportation regarding the construction program for improvements to Provincially-designated highways. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the City Manager be requested to prepare, for 1 Council's consideration, a five-year program for required improvements to Provincially-designated highways within the City of Saint John, including a list of priority projects for 1984. Councillor M. Vincent requested that the City Manager also provide a list of the Provincially- designated highways in the City for Council's information. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne submitting copies of three invoices from the New Brunswick Publishing Company Limited, stating that these were initiated by the previous Mayor and requesting Council's permission to pay same due to the fact that the total of such invoices exceeds the amount remaining in the budget for such services. 1 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that authority be granted for payment of the invoices from the New Brunswick Publishing Company Limited, in the amounts of $77.77, $304.01 and $13.32. (Councillor Poley entered the meeting.) ~ ~ ~ J95 Councillor Gould questioned the reason for the delay in the above invoices being submitted for payment in view of the dates on same indicating services rendered during August, September and October 1982. Deputy Mayor Davis suggested that careful consideration should be given to future congratulatory publications of this nature as, in his opinion, the advantage of such publicity to the City is minimal. Councillor Murray expressed the opinion that there are times when such advertising is necessary. Mr. Totten explained that, when the above invoices were received by the City, staff was unable to match the invoices with the respective newspaper clippings and therefore returned the documentation to the subject company for verification and that the above invoices were received by the City within the past month. ~ Question being taken, the motion was carried. , On motion of Councillor Gould 1 Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for'payment of the invoice from Vista International, in the amount of $11,106.26 (U.S.), representing,expenses of the Saint John Port Day function in New York, U.S.A., on November 16,1983, 50 per cent of which is to be cost shared by the Port of Saint John. Question being taken, the motion, was carried. 1 On motion of ,Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the statement of payments made dUring the month of November 1983 be received and filed. Mr. McDermott, in compliance with a request of Councillor Flewwelling, advised that it is a general practice for staff to submit written reports following attendance at conferences and that copies of same can be provided for Council's information. Mr. Hanlon, replying to a query of Councillor Fle~elling, confirmed that the City does not stock tires but orders as required. ~ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent , RESOLVED as recommended by the City Manager, the tenders for motorized equipment be made in accordance with the recommendations contained in the submitted bid summary and, the tenders for the two salt spreaders and the' golf cart be rejected. I. -I Councillor Schermerhorn pointed out that on the final page of the submitted bid summary, the recommended award should indicate $19,320.61, rather than $19,321.61. ~IT. Robichaud, replying tO,a query of the Mayor, advised that it is anticipated that all City equipment will be listed on the computer before the summer of 1984. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for motorized equipment be awarded as follows:- (1) one bucket/loader be purchased from Tractors'& Equipment (1962) Ltd., at a cost of $107,975.00 plus tax, with the seven-year total cost option, this being the lowest tender received and meeting, all tender specifications; (2) one loader/backhoe be purchased from Gill Equip- ment Ltd., at a cost of $59,000.00 'plus tax, with the seven-year total cost option, this being the lowest tender received and meeting, all tender specifications; and (3) one landfill/compactor be purchased from Tractors & Equipment (1962) Ltd., at a cost of $178,760.00 plus tax, with the seven-year total cost option, this being the lowest tender received. ~ Question being taken, the motion was carried. On motion'of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the contract for Church Avenue grade separation be awarded to the low tenderer, Opron Maritimes Construction Ltd., in the amount of $1,523,541.43, and that the Mayor and Common Clerk ,be authorized to execute the necessary contract documents. .1 Councillor A. Vincent requested that as many local suppliers as possible be used in the above project and Mr. Robichaud confirmed that Strescon Ltd. is named in the above tender submission for sewer pipe, ,manholes and catch basins and precast beams, and he noted that, prior to any change being made in the subcontractors listed in a tender, permission must be obtained from th~ City of Saint John. Mr. Robichaud also confirmed that the above project is anticipated to commence within a month and he added that the total cost of the complete project is estimated at $2.3 million, including the land acquisition. Question being taken, the motion was carried. i~ Read a letter from the City Manager submitting information with respect to the property at 64 Queen Street, the sale of which was proposed at Council's last meeting, and recommending that this matter be taken from the table and the recommendation adopted. Mr. McDermott referred to the letter from the City Solicitor regarding the above matter, which is to be considered by Council at this meeting, and advised that his above recommendation has been changed to include a six-month period of time. On motion of Councillor Knibb ~ Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the vacant lot at 64 Queen Street be sold to Housing Alternatives Inc. for the sum of $1,000.00, with the City to retain an easement and with the option provision in the deed to read that the City has the option to reacquire the property for $1,000.00 which could be exercised by the City within the 'six months immediately following the transfer. Question being taken, the motion was carried. ~ J1.~(ID .., On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Solicitor regard- ing the 'conveyance of property at 64 Queen Street to Housing Alternatives Inc., which was tabled at Council's last meeting for a report regarding the inclusion in the City Manager's recommendation of the section regarding the property being reconveyed to the City should the property be needed in the future for the overall development in the subject area, stating that any such provision incorporated in a deed would be void, however, if it could be determined when the City will be in a position to establish a policy with respect to the possible development of the subject area, then an option in the City's favour could be drawn permitting the reacquisition of the property at the appropriate time, such an option to be designed to commence at a specific date and continue until a second specific date ~- be received and filed. ~ 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute a Quit Claim Deed in favour of Messrs. Reno J. and Clifford E. Morin of the lands and premises at 80 Collins Street in consideration of the payment of $1.00. 1 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, eleven Power Lite aluminum traffic signal poles be purchased from the local supplier, Westburne, at an approximate cost of $7,148.00 and charged to the 1983 Traffic Signal Budget. Question being taken, the motion was carried. ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as be granted for payment of the following construction progress recommended by the City Manager, authority certificates, namely:- 1. Sand Cove Road, Bayard Drive Water and Sewer Construction Que-Mar Construction (Maritimes) Limited Supply and install approximately 1412" of 8" watermain, 46' of 58" x 36" culvert, 281' of 12" storm sewer and 32' of 24" sewer pipe plus appurtenances Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated December 6, 1983 Final holdback release $127,592.00 124,419.28 Nil 105,756.39 $ 18,662.89 1 2. Retaining Wall Reconstruction 1982 George Street West & Glen Road Paul & Bruce Martin Ltd. Retaining wall construction Current budget allotment Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated December 7, 1983 Final holdback release ~ $ 36,754.36 36,754.36 Nil 35,651.73 $ 1,102.63 3. Concrete Work - 1982 Maritime Formless Ltd. Concrete curb & sidewalk construction Current budget allotment Total work done, Estimate Number 9 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 9, dated December 7, 1983 Final holdback release 1 $214,428.29 214,428.29 Nil 207,995.44 $ 6,432.85 Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the application for grant assistance from the Canadian Council of the Blind, with respect to hosting the National Convention Banquet, be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould ~ RESOLVED that with regard to the offer of Century 21 Clark & Sleigh Realty Ltd. to sell property at 104-l06 Princess Street and 31 Horsfield Street, Common Council approve the recommendation of the City Manager that this Company be advised that the City is not interested in purchasing the subject property at this time. ~ ,..- 1~1 ~ 1 1 ~ I ~ I 1 ~ .. Councillor A. Vincent asked ,if the various City departments have been contacted to determine if they have any interest in the subject property to which the City Manager replied in the affirmative. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that ,as recommended by the City Manager, the application for grant assistance from the Saint John Association for the Deaf for rental for a ten-month period with respect to premises in the Old Provincial building, be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager submitting a copy of a drawing showing the proposed taxi layby at North Market Wharf which will be open to all taxi companies and is anticipated to be in place by December 31 -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting copies of proposed amendments to the Traffic and Parking Meter By-Laws to increase the voluntary payment for parking meter violations from $2.00 to $5.00 and to increase the minimum penalty under the Traffic By-Law to $10.00 from $5.00. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respect- ing Traffic On Streets In The City ,Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Councillor Schermerhorn noted that the above matter was discussed at Council's recent budget meetings and that this action is considered feasible as a manner to obtain additional revenue. Councillor A. Vincent expressed the opinion that such revenue should be implemented to create additional off-street parking. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that 'the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a first time. Read a first time the ,by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read,a second time. Read a second, time the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Mr. Rodgers, replying to a query of Councillor A. Vincent, expressed the opinion that the above revenue can go into general revenue. Read a letter from the Common Clerk advising that, following the procedUre for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the application of Denison Mines Limited have been completed and the required waiting period for objections expired on December 10, 1983 with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the application of Denison Mines Limited for an amendment to the Municipal Plan and re-zoning of property located at the westerly extension to the Potash Terminal site, as indicated on the submitted plan, be referred to the Planning Advisory Committee for a report and recommendation, and that authority be granted for the necessary advertising in this regard. 198 A brief discussion ensued during which time Councillor Knibb suggested that staff should review whether it is more beneficial to the City to transport the potash from Sussex into the City by truck or by rail, and Councillor A. Vincent requested an updated report on the matter of a proposed overpass in the Thorne and Rothesay Avenues area in view of increased traffic due to the delivery of asphalt from the Sussex area. Mr. McDermott advised that it is his understanding from discussions with Federal Government representatives that U.T.A.P. funding for such a project is not available until 1985. Question being taken, the motion was carried. 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 begs leave to report that it sat on December 5, 1983, when there were present Deputy Mayor Davis and Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the letter from the City Manager regarding the cause of the situation which led to the grievances and the subsequent Settlement Agreement with Local 18, which was considered by Council in open session on November 28, 1983, be received and made public at Council's next regular meeting. 2. That as recommended by the City Manager, an order for 35,000 bricks, at a cost of $26,000,00, be placed with L. E. Shaw Ltd. for immediate delivery to the City, regarding repairs to the City Market building. December 12, 1983 Saint John, N. B. Respectfully submitted, (sgd.) Samuel Davis, C h a i I' man. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Councillor M. Vincent, speaking in opposition to the above motion, expressed the opinion that there is no benefit to the City in making the subject report public. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". Councillor Schermerhorn proposed a motion, which was seconded by Councillor Murray, that section 2 of the above report be adopted. Councillor A. Vincent questioned the terms of the above purchase insofar as cash discount, payment date, etc. are concerned to which Mr. McDermott replied that the above matter has not as yet gone to tender, however $26,000.00 is the maximum amount that will have to be expended for the subject bricks. Councillor A. Vincent noted that the above motion indicates that the bricks are to be purchased from L. E. Shaw Ltd. whereupon Mr. McDermott advised that the price has not as yet been confirmed, however there is only one supplier for the particular type of bricks required. Mr. McDermott, replying to a query of the Mayor, advised that Mr. Derek Fletcher, Project Manager of The Rocca Group Market Square Development Limited, advised him of the $26,000.00 and that he was in contact with L. E. Shaw Ltd. in this regard. The Mayor expressed the opinion that the City Manager should be able to contact the subject company to determine a fixed cost to which Mr. McDermott replied in the affirmative and added that he must determine whether the bricks will be obtained from Nova Scotia or Chipman, N.B. as the transportation costs must be known. Discussion ensued regarding whether or not the above motion should indicate up to $26,000.00, or be tabled pending the availability of the information required, and matters relating to the proposed use of the bricks for the Germain Street wall of the City Market building and the feasibility and necessity of such work, the Building Inspector's involvement in this matter, the safeness of the City Market and the status of meetings with the Federal Government's representative with respect to the availability of funding were discussed. On motion of Councillor Knibb ., ~ 1 1 ~ 1 ~ Seconded by Councillor Murray RESOLVED that Council authorize an expenditure of up to $26,000.00 for the purchase of 35,000 bricks from L. E. Shaw Ltd. for the purpose of restoring the 1 Germain Street walloI' the City Market building, providing that funds are available for such purpose. Discussion continued regarding the above matter particularly with respect to the availability of funding from the Federal Government in an effort to make the Market safe and usable. Councillor M. Vincent rose to a point of order on the basis that this Council should be facing the issues before it rather than discussing what was done by the former Council with respect to the City Market building. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Loyalist Days Inc. requesting Common Council to present any ideas it may have for the Loyalist Days 1984 celebration to be held July 15 to 21, noting that this celebration, for the third consecutive year, has been chosen as one of the Top 100 Events in North America by::'the'American:Bus,AssoCiation; and'lexpres'Sihg thebpinion that the ~ProvincialBicenterinialshciuld::be'ca 'significant Doyalist'Days' "celebraU:on c,,o berecei ved, and"'filed. :, -~ 2:.' y~.~. :-"- -- ~ -', -,~. --;- -,.,~ --,-. _ n' ''-'-0.., ,. '. - -.-.-:.,.. Councillor Schermerhorn suggested that Council should appoint a liaison Councillor to work wi th the aDQv:e-:;gro.up2in~i ta~:p:r~pa.rat~on:=_for- the:i98tt ~Loy8.list _nays~j;_eiebrat'iQn';_ :':, .-- Question being taken, the motion was carried. 1 ~ ....4 I"'" i9~ Qn motion of Councillor Schermerhorn ~n, 7, Seconded by Councillor :Gould'1:; c::,':; RESOLVED3that-:-'a.>liaisOhGCouncillor2becappointed to work with Loyalist Days Inc. so that Council's suggestions with respect to the plans for the 1984 Loyalist Days festival can be incorporate'd2wltli'lt'ho's:e':0:f",the, s'aid :gr'oup. C,2 CC:':,':"21.. . It was noted that the Nominating Committee will consider the above matter and recommend a nominee for Council's consideration. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that authority be granted for payment of the invoice of the Federation of Canadian Municipalities, in the amount of $4,831.26, representing the membership fee for the , City of Saint John for theperiod April 1, 1984 to March 31, 1985. I Councillor Knibb questioned the amount of the percentage increase in the above membership fee from that paid during 1983 to 1984 to which the City Manager agreed to provide that information as soon as possible. On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. . Read a letter from the Animal Rescue League questioning whether life licenses for dogs, which were issued prior to the enactment of the Dog Control By-Law of May 25, 1981, should be honoured or should the City Poundkeeper take the approach that such licenses are now extinct and annual licenses must be secured for each dog. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Flewwelling that the above matter be referred to a summer work programme developed by the Department of Social Services which involved a City-wide survey of household pets, such survey indicating that a number of dog owners do not have current licenses under the provisions of the City Dog Control By-law; noting that, prior to 1981, it appears that under the then prevailing Dog Control By-Law, a life license could be purchased, however the subject By-law enacted on May 25, 1981 makes no such provision and states that a lidense is an annual license; and asking whether, in instances where a former life license for~a dog has been issued, should such license be, honoured or should the City Poundkeeper take the approach that such licenses are now extinct and annual licenses must be secured for each dog -- be received and filed and the Animal Rescue League be advised that life licenses for dogs issued prior'to May 25, 1981'are to be honoured. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Community Exchange explaining the' nature of its voluntary service in co-ordinating the distribution of Christmas. dinner baskets and:;.:vouchers to persons in need, requesting Common Council's support in urging the citizens of Saint John to participate in sponsoring families and making the Christmas celebration a more joyous event for those in need -- be received and filed. Question being taken, the motion was carried. . Councillor Vaughan commended Montreal Trust, which sponsors an,annual doll dressing contest and this year donated some of the entries in this competition to the Empty Stocking Fund. On motion of Councillor Knibb I Seconded by Councillor Murray RESOLVED that the letter from the New Brunswick Branch of The United Empire Loyalists' Association of Canada referring to theCBC film series, "Undaunted" and particularly to the portion concerning the Loyalists, pointing out that this film, in effect, substantially ignores the Loyalists in the Province of New Brunswick and deals with the landing at ,Shelburne, Nova Scotia and in Upper Canada, and requesting Common Council, in view of the fact that 1984 marks the 200th anniversary of the founding of the Province of New Brunswick and of the importance of the Loyalist arrival to this Province, urge that action be taken to make an appropriate CBC release based on the>;trials and tribulations of the Loyalists, the development of the Province, and of the City of Saint John as Canada's first municipality be received and filed and this group be assured of Council's concern in this matter. ' Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Chapter of the Civic Liberties Association, expressing concern over the manner in which Brinks Security personnel carry unholstered pistols on City streets, which is considered to constitute a major danger to the general public, and requesting Council to initiate action which will not allow such loose handling of dangerous weapons -- be received and filed. Question being taken, the motion was carried with Councillors Gould, ,A. Vincent and M. Vincent' voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Chapter of the Civi1 Liberties Association expressing the opinion that the report from the City Manager regarding the use of firearms by police officers, which was considered by Council at a previous meeting, does not set out what policy prevails as to the use of these firearms, and requesting again to be advised of what, if any policy, is in existence regarding this matter -- be received and filed and referred to the Chief of Police for comment. lo.. ~~@ "'lIIl Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from D. Hatfield, Ltd. referring to the :ender for.e~uipment re~tal, which was awarded by Council at its December 5, 1983 meeting, expresslng the oplnlon that thlS company was not treated fairly in that it was not awarded the tender for the supply of a 3/8 yard backhoe on which it was the low tenderer, and requesting Council to rec?nsider the awar~ing of thi~ contract as the decision as it stands will result in ,this company laYlng off many oflts staff Slnce the rental of heavy equipment is a mainstay of its 'operation -- be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Vha7 JfYfi::(rwL Monday, At a meeting of Common Council, held at the City Hall in the City of Saint John, on the nineteenth day of December, A.D. 1983, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of, Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; R. Adams, Property Management Branch; Ms. Y. Huntington- LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Councillor Flewwelling offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on December 12, 1983, be adopted. Question being taken, the motion was carried. Her Worship the Mayor commented briefly on the opening of Canada Trust in Saint John, which she attended earlier this date, and noted that this company employs twelve persons. The Mayor advised that the City is in receipt of a cheque in the amount of $40,885.50 from the New Brunswick Bicentennial Commission, such amount representing one-half of the Provincial Government's portion of the municipality's Bicentennial grant, the remainder of which will be forwarded to the City on March 15, 1984, with the Federal contribution anticipated later in the spring of 1984. Her Worship the Mayor thanked the students of Champlain Heights School for their invitation to Council to attend a Pioneer Christmas and she commended them for their efforts in this their Bicentennial project. The Mayor referred to a letter from The Honourable Romeo LeBlanc, Federal Minister of Public Works, regarding the possible relocation of the Saint John Public Works Department to Moncton, which was discussed at a recent meeting of Council, and advised that there is absolutely no foundation to this speculation and there is no intention to reduce the overall staff complement in the said Department in the City. The Mayor added that, to date, she has had no reply from the Federal Department of Supply and Services with respect to its possible relocation from the City. Councillor Knibb suggested that the item regarding Market Square rental housing, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that an item regarding Market Square rental housing, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. . I I . I . I I . ~ ,.. 2Ql Councillor Poley noted that Ms. Paula O'Reilly, Solicitor, is leaving the City's employ whereupon the Mayor extended best wishes to Ms. O'Reilly on behalf of Common Council. . Councillor Vaughan noted that a bulletin was included in Council's information items with respect to the second Annual Torchlight Parade to be held on December 21, 1983. Councillor M. Vincent referred to a bulletin received from the Board and staff of The Saint John Free Public Library and Regional Headquarters and noted that the statistics therein with respect to increased usage of the Library's facilities since the new Library opened on May 17, 1983 are commendable. I Councillor A. Vincent requested_a report from the City Manager with respect to supposed staff changes in the Engineering and Works Department which involves fifteen staff members who are to be changed to different positions, five of whom gave testimony in a current court case. At the Mayor's request, Mr. Robichaud replied that, for the past three weeks, he and several staff members have been meeting to discuss the proper techniques and methods of operating the Works Department part of which involves a reorganization in an attempt to place control back where it belongs and he confirmed that no changes have been made to date. The Mayor pointed out that there have been several changes made with respect to various departments in City Hall and that a whole new reorganization is being reviewed by the City Manager. Councillor A. Vincent re-iterated his request for a report on this matter from the City Manager in view of the City being under a City Manager form of government whereupon the Mayor ruled Councillor A. Vincent out of order on the basis that this item is not included on the agenda for discussion and suggested that, if he wished to submit his request in writing through the proper channels, Council would deal with same. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending the North End Neighbourhood Plan, which forms part of the City's Municipal DeveloPment Plan, by redesignfting three properties located at 175 and 159 Metcalf Street and 42 Durham Street (L.R.I.S. Numbers 378976, 37~876 and 374868), from Medium Density Residential and High Density Residential to' Light Industrial classification, and (b) to re-zone the same parcels of land from "RM-2" High~Rise Multiple Residential and "RM-l" Three- Storey Multiple Residential to "I-I" Light Industrial classification, to permit the expansion of an ~xisting muffler repair shop; as requested-by Mr. Bill Alberts, and that no written objections have been recelved. I . Consideration was given to a letter from the Planning Advisory Committee recommending that the properties at 175 and 159 Metcalf Street and 42 Durham Street be (a) redesignated in the North End Plan, which forms part of the Municipal Development Plan, from High Density Residential and Medium Density Residential to Light Industrial classification, and (b) re-zoned from "RM-2" High-Rise Multiple Residential and "RM-l" Three-Storey Multiple Residential to "I_l'i Light Industrial classification, subject to a. resolution of Common Council pursuant to Section 39 of the Community Planning Act, restricting the use of the property to a muffler and general auto repair garage. Mr. Brian W. Mosher, Solicitor, appeared on behalf of Mr. Alberts in support of the above-proposed amendments and offered to answer any questions Council may have with respect to same. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint ,John And Amendments Thereto", by amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to redesignate three properties located at 175 and 159 Metcalf Street 'and 42 Durham Street (L.R.I.S. Numbers 378976, 374876 and 374868), from Medium Density Residential and High Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVE,D that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to redesignate three properties located at 175 and 159 Metcalf Street and 42 Durham Street (L.R.I.S. Numbers 378976, 374876 and 374868), from Medium Density Residential and High Density Residential to Light Industrial classification, be read a second time. I Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John and Amendments Thereto". Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning three parcels of land located at 175 and 159 Metcalf Street and 42 Durham Street (L.R.loS. Numbers 378976, 374876 and 374868), from "RM-2" High-Rise Multiple Residential and "RM-l" Three-Storey Multiple Residential to "I-I" Light Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the ,Community Planning Act, restricting the use of the property to a muffler and general auto repair garage, be read a first time. . I Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Mr. Winch, in response to queries of Councillor Poley, clarified that the staff recommendation as indicated in the above correspondence with respect to the removal of an existing building in order to provide a number of site improvements, one of which would be on-site parking, is not intended to be binding on the subject application, if approved. Question being taken, the motion was carried with Councillors Poley and A., Vincent voting "nay". On motion of Councillor Schermerhorn' . Seconded by Councillor Gould RESOLVED that, the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning three parcels of land located at 175 and 159 Metcalf Street and 42 Durham Street (L.R.loS. Numbers 378976, 374876 and 374868), from "RM-2" High-Rise Multiple Residential ll... 2@2 "'IIIl and "EM-I" Three-Storey Multiple Residential to "I-I" Light Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act, restricting the use of the property to a muffler and general auto repair garage, be read a second time. . Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with Councillors Poley and A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. I Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Developillent Plan, to reclassify a 15,000 square-foot parcel of land at 1444 Grandview Avenue (L.R.I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from Low Density Residential to Light Industrial classification, and (b) to re-zone the same parcel of land from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, to legalize and permit the continued use of this property for a body repair shop, as requested by Mr, Raymond Defazio, and that no written objections were received in this regard. I Consideration was given to a letter from the Planning Advisory Committee recommending that the above re-zoning be approved. Mr. James Whelly, Solicitor, appeared before Council on behalf of Mr. Raymond Defazio, in support of the above application, and offered to respond to Council queries in this regard. On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a 15,000 square-foot parcel of land at 1444 Grandview Avenue (L.R.I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from Low Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The Ci ty Of Saint John And Amendments Thereto". Mr. Winch, replying to a query of Councillor M. Vincent, confirmed that the present use of the subject property is both non-conforming and appears to be illegal. I Question being taken, the motion was carried with Councillors Davis, Flewwelling, Gould, Poley and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a 15,000 square-foot parcel of land at 1444 Grandview Avenue (L.R,I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from Low Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law,Of The City Of Saint John And Amendments Thereto". . Mr. Whelly, replying to a query of Councillor Knibb, advised that, although Mr. Defazio originally planned to expand his business operation, it was at this time that he became aware'that he was not conforming with the City's By-Laws, and that he has since ceased any plans to expand his operation. Question being taken, the motion was carried with Councillors Davis, Flewwelling, Gould, Poley and Schermerhorn voting "nay". On motion of Councillor Knibb I Seconded by Councillor Vaughan RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 15,000 square-foot parcel of land at 1444 Grandview Avenue (L.R.I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. I Question being taken, the motion was carried with Councillors Davis, Flewwelling, Gould, Poley and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 15,000 square-foot parcel of land at 1444 Grandview Avenue (L.R.I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, be read a second time. . Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. ...4 I"'" ~03 Question being taken, the motion was carried with Councillors Davis, Flewwelling, Gould, Poley and Schermerhorn voting "nay". . On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 1 Mr. Robert Davidson, President of The Saint John District Labour Council, addressed Council regarding this group's list of nominees to be presented to Common Council's Nominating Committee. Mr. Robertson read from a prepared brief (copies of which were distributed at this time), and advised that the areas of ,concern of The Saint John District Labour Council revolve around the appointment or lack thereof of this group's nominees to civic boards, commissions, committees, task forces etc., and also the formation of delegations which are purposed to represent the community as a whole. Mr. Davidson briefly outlined the purpose of The Saint John District Labour Council and related the procedure to which this group was accustomed in the past with respect to nominees to various civic committees. Mr. Davidson expressed the opinion that the present misunderstandings appear to have started with the Labour Council not being requested to submit a replacement name for a board member about to expire, such appointment having been one the Labour Council had held for many years and one to which a member of the Saint John Building and Construction Trades Council was appointed at this particular time. Mr. Davidson expressed concern that, with respect to ,civic delegations formed to represent the City on a broad base including labour, full labour may not be represented at a time when all should work together for the betterment of the community and all members within. Mr. Davidson quoted from the latest Catholic Bishops' economic statement "Ethical Reflections on the Economic Crisis", and requested Common Council to extend an opportunity for The Saint John District Labour Council to play the role envisaged by the Bishops, namely, to play a more decisive and responsible role in developing strategies for economic recovery and employment. 1 . Her Worship the Mayor thanked Mr. Davidson for his presentation and a brief discussion ensued with respect to the membership and areas represented by The Saint John District Labour Council, the possibility of The Saint John District Labour Council, ,the Saint John Building and Construction Trades Council and the Waterfront Council submitting one list of nominees to the Nominating Committee; apd the timeliness of Mr. Davidson's presentation to Council in view of the fact that various committee appointments will be necessary for 1984. The Mayor referred to Council's resolution of September 12, 1983 requesting The Saint John District Labour Council to submit a list of six names to the Nominating Committee for consideration and noted that this list, as well as the list requested from the Saint John Building and Construction Trades Council, have yet to be received and she requested that these lists,be submitted in order ,for the said Committee to consider same within the next two weeks. Mr. Davidson expressed the opinion ,that, as,it is easier to determine interest if the various details of committees are known, it would be feasible for the Labour 'Council to be aware of the specific committee appointments, involving labour, to be made. 1 Notice had been sent to Dooran Investments Ltd., Mortgagor and Joseph Stephen, Mortgagee, and Gulf Oil Canada Limited, Judgment Creditor, to appear at this ,meeting to show cause, if any, whY the building located at 268 Douglas Avenue (L.R.I.S. Number 372912), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and stated that this two-storey woodframe building has been basically abandoned by the owners for several years and has been occupied by squatters, although it has been vacant since the first of November 1983. Mr. Johnson also stated that, as a result of certain activities that occurred last winter; the structure of the building waS damaged and became unsafe, that the building is currently open to the public and that it is dangerous and dilapidated and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to 'destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the ,said building. On motion of Councillor Gould . Seconded by Councillor Knibb RESOLVED that notice having been given to Dooran Investments Ltd., Mortgagor and Joseph Stephen, Mortgagee, and Gulf Oil Canada Limited, Judgment Creditor, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 268 Douglas Avenue (L.R.I.S. Number 372912), in the City of Saint John, requesting that the said oWners:oappear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or diiapidated building, and having considered the report of the Building Inspector, the Common Council hereby'deems and declares the said ,building located at 268 Douglas Avenue in the said City, to be dilapidated and dangerous: 1 AND BE IT FURTHER RESOLVED that the said Dooran Investments Ltd., Mortgagor and Joseph Stephen, Mortgagee, and Gulf Oil Canada Limited, Judgment Creditor, are hereby re~uir.ed 'to remove or destroy the said building situate at civic number 268 Douglas Avenue, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Dooran Investments Ltd., Mortgagor and Joseph Stephen, Mortgagee, and Gulf Oil Canada Limited, Judgment Creditor, to remove or destroy the said building situate at 268 Douglas,Avenue, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Dooran Investments Ltd., Mortgagor and Joseph Stephen, Mortgagee, and Gulf Oil'Canada Limited, Judgment Creditor. ,-I Question being taken, the motion was carried. Consideration was given to a letter from the. City Manager recommending that the contract for the supply of arena shields be awarded to the low tenderer, J. - L. Chevalier Arena Equipment Ltd. ,of Montreal, Quebec, in the amount of $16,800.00. ' . Councillor Schermerhorn proposed a motion, which was seconded by Councillor Murray, that the above recommendation be adopted. The mover and seconder of the said motion concurred with Councillor Knibb's suggestion that a condition should be added to the above motion that the tendered amount include the Provincial sales tax. Councillor A. Vincent suggested that the Federal sales tax should also be included in the tendered amount whereupon Councillor Schermerhorn noted that the addition of such taxes may increase the amount to within a small percentage of,a local tenderer and he withdrew his motion and suggested that the matter be tabled until Council's next meeting pending additional information. Mr. Barfoot noted that, as a general rule, tenders from suppliers do not include Provincial sales tax. Councillor Knibb expressed the understanding that one of the above suppliers included Provincial sales tax in the tendered amount. lo.. ""IIIl 204 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table until . the next meeting of Council. Question being taken, the tabling motion was carried with Councillors Gould, Murray and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the tender for the supply of automotive batteries for the year 1984 be ,awarded in accordance with the recommendation contained in the submitted bid summary. 1 (Councillor M. Vincent withdrew from the meeting.) Mr. Robichaud confirmed that, in the instances where the low tenderer is not being recommended, the specifications were not met. The Mayor suggested that the City should estimate its battery requirement on a monthly basis, rather than on a yearly basis, and tender accordingly in order to avoid suppliers having to stock a large supply of batteries which the City may not require. Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Saint John Foundry Ltd., which offers a 20% discount on its quoted prices, be accepted for the supply of various Water Department castings for the year 1984 and, that for items required in excess of the quantities shown in the submitted bid summary, Saint John Foundry Ltd. 's unit prices be accepted. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager recommending that authorization be granted for the purchase of bricks from L. E. Shaw Ltd., as follows:- 30,000 perforated bricks at a price of $443.20 per thousand, and 5,000 solid bricks at a price of $529.88 per thousand, for a total price of $15,946.90, including freight and taxes and delivered at the job site. Councillor Gould proposed a motion, which was seconded by Councillor Knibb, that the above recommendation be adopted, however Councillor Schermerhorn noted that at Council's last meeting authorization was granted for the above-noted purchase and he suggested that, although the City Manager's information is appreciated, no action is required on same. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above letter from the City Manager be 1 received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding Council's request for information concerning the Federation of Canadi~n Municipalities, an invoice for which was tabled at Council's last meeting, advising that in the year 1983 the City of Saint John paid $4,026.05 to the said Federation, such amount being based on the City's population of 80,521 at a rate of .05 cents per capita, and that for the period from April 1, 1984 to March 31, 1985 the fee will be $4,831.26 which is based on the same population at a rate of .06 cents per capita, the latter representing . an increase of 20 per cent over the year 1983 -- be received and filed: AND FURTHER that the above matter be taken from the table and that authority be granted for payment of the invoice from the Federation of Canadian Municipalities, in the amount of $4,831.26, representing the membership fee for the C~ty of Saint John for the period April 1, 1984 to March 31, 1985. Councillor Knibb questioned the benefit to the City of its membership in the above organization. The Mayor requested that Council retain membership in the Federation for at least the next two years in order to monitor the situation and discuss with other municipalities in the Atlantic Region the issues to be considered by this group in an effort to make a larger impact on same. 1 Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan 2 RESOLVED that as recommended by the City Manager, 35 m of land at the intersection of Loch Lomond and Hickey Roads, as shown on the submitted plan, be purchased I from Scott Bros. Ltd., for the price of $100.00, such land being required for improving the said intersection. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, approximately 547 square feet of space in the Old Provincial building, as shown on the submitted plan and being the . second floor level off Prince William Street with entrance at 39 Princess Street, be leased to Mr. Malcolm Berry, under the following terms:- (1) the lease to be for a term of two years commencing January 1, 1984; (2) the rental to be $135.00 per month in 1984 and $180.00 per month in 1985; (3) an escalation clause to cover any increases in expenses over the 1982 budget level of $37,878.09, with the lessee's portion to be found by applying the ratio of the space he occupies, which is 547 square feet, to the total rentable space in the subject building of 24,209 square feet; (4) the City to ~ I"'" i 2,05 . ,. , . 1 I . 1 . I I . lo.. supply heat, electricity and maintenance of the common hall from Princess Street and to supply and maintain the washroom on the ground floor level, and (5) the lessee to be responsible for maintenance of the leased space, including cleaning, decorating, garbage removal, window cleaning and minor repairs because of some action on his part. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the submitted schedule for garbage collection be effective for the period commencing December 26, 1983 to January 7, 1984, and that' such ,schedule be published in the news medi~. Question being taken, the motion was carried. The Mayor noted the presence in the Council Chamber of Mr. Hugh McLellan, Solicitor for St. John Ambulance, and she requested that Council consider the matter of a site for this organization at this time, such matter being included in the Committee of the Whole report of December 12, 1983, the latter to be con- sidered later in this meeting. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that authoritY,be granted for the conveyance of property at the corner of Candlewood Lane and University Avenue to St. John Ambulance, for the sum of one dollar ($1.00); that St. John Ambulance be responsible for all legal and survey costs associated with the said conveyance, as well as for the costs, estimated at $5,000;00, related to the moving 'of the Fire Fighters' cookhouse and the relocation of a ditch on the subject property, and that ,the City retain an option to reacquire this property for the purchase price if the foundation structure has not been commenced within six months from the date of transfer. On motion of ,Councillor Gould Seconded by Councillor Schermerhorn RESOLVED th~t Mr. Hugh McLellan be invited to address Council at this time. Question being taken, the motion was carried. Mr. McLellan, expressed the understanding that it would be necessary for St. John Ambulance to assume the cost of the relocation of the ditch on the above property, however it was not his understanding that the cost of relocating the cookhouse would have to be borne by this group, and he thanked Council for its co- operation in making the site available for St. John Ambulance on which to construct a facility to house this organization~ Councillor Flewwelling noted that, earlier this date when he discussed this matter with Mr. McLellan, he'advised that the estimated cost of the relocation of the ditch was $5,000.00, however he neglected to include the cookhouse move in this amount. Councillor Murray commended St. John Ambulance for assuming the responsibility of training of the first aid personnel for the 1985 Canada Summer Games in Saint John. Question being taken, the original motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED, that the letter from the City Manager regarding the inquiry of the Saint John Chapter of the Civil Liberties Association with respect to the use of firearms ,by police officers, which was considered at Council's last meeting, stating that Police Chief Ross has advised that the Police Department's use of firearms is consistent with that Department's policy briefs of May 26, 1978 and September 26, 1978 -- be received'and filed. . Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting copies of documentation received from ,The Saint John Bicentennial Inc. with respect to an expenditure in the amount of $10,088.41, $7,861.41 of which is related to the erection of bleachers and the site layout for Tattoo 200, noting that the submitted data indicates that $329.05 is also 'chargeable to Tattoo 200, such account having been forwarded directly to the City and to be paid separately, and recommending that payment of the submitted invoices fromADI Limited in the amount of $7,861.41 for the erection of the Tattoo 200 bleachers be approved by Council -- be received and filed and the recommendation adopted. A brief discussion ensued respecting the breakdown of the above amount. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by ,Councillor Knibb , RESOLVED that the letter from the City Manager referring to Council's resolution of November 28, 1983 authorizing that the property at 25 Coburg' Street be advertised for sale at a price of $68,000.00, advising that a price of $61,000.00 has been offered, such offer being accompanied by a $2,000.00 deposit and, if accepted, a further deposit of $1,660.00 will be made to total 6% of the selling price which is held by Royal Trust Company, such offer being valid until 6:00 o'clock p.m., December 20, 1983, and recommending that the offer of Alice G. Keefe to purchase this property for the price of $61,000.00, be accepted subject to the following conditions:- (1) the purchaser to arrange a first mortgage of approximately $52,000.00 within 10 days from the date of acceptance; (2) the City warrant that 'as far as it is aware the building contains no ureaformaldahyde insulation; (3) all built-in appliances, light fixtures and all permanently, -affixed fixtures to remain; (4) if any of the above conditions are not met, full deposit, without interest, to be returned to the purchaser and the offer to be null and void, and (5) the closing date of such trans- action to be prior to ~anuary 16, 1984 -- be received and filed and the recommendation adopted. """lIl 206 Councillor Poley suggested that (2) above should exclude the word "warrant" for the City should not warrant anything it is unable to guarantee, and he also suggested that in future matters, of this nature Council should be provided a copy of the agreement of purchase and sale for its information. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager referring to a letter from the Saint John Chapter of the Civil Liberties Association regarding the use of firearms by security guards, which was considered by Council at its last meeting, advising that Police Chief Ross has advised that private security personnel are trained in the use of firearms and have permits to carry same and that there is no need at this time to take any further action regarding such private security personnel -- be received 'and filed. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager referring to 1 the March 7, 1983 Common Council appointments, pursuant to Section 14 of the Police Act and Section 101 of the Municipalities Act, which distributed various by-law enforcement functions among departmental ' staff effective December 31, 1983, and recommending that Council extend such appointments to the end of 1984, with one exception as stipulated in item 2, below, as follows:- (1) appoint Messrs. Alan Bainbridge, Craig Gillespie, Richard Jones and George Keirstead, who would continue as Assistant Building Inspectors, as By-Law Enforcement Officers for the purpose of enforcing the Dangerous and Unsightly Premises By-Law in their respective areas of inspection; (2) appoint Mr. Burton Steeves as By-Law Enforcement Officer for the purpose of enforcing the' Heritage Preservation Review By-Law, such appointment to be to the end of 1985; and (3) appoint Mr. Tibor Halassy, who will continue as Assistant By-Law Enforcement Officer for'all other by-laws enforced by the Department of Planning . and Development, as By-Law Enforcement Officer for the purposes of enforcing the Dangerous and Unsightly Premises By-Law, the Dog By-Law and the Garbage By-Law, and authorize him to lay information for breach of the said By-Laws, and noting that Mr. Halassy is being appointed By-Law Enforcement Officer for the Dangerous and Unsightly Premises By-Law for the first time -- be received and filed and the recommendation adopted. Councillor M. Vincent questioned if it is necessary to advertise such appointments in the Royal Gazette to which Mr. Rodgers repiied in the negative. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn , RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with respect to voluntary penalties, be read a third time and enacted and the Corporate Common Seal be affixed thereto. 1 The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of'The Motor Vehicle Act, 1973, And AmendIDents Thereto", was read in its entirety. Councillor M. Vincent asked if the City Solicitor is satisfied that the City of Saint John has the authority to increase the above rates to which Mr. Rodgers replied in the affirmative and noted that this query could be related to the Parking Meter By-Law, the Provincial legislation for which was changed at the 1983 session to allow the municipality to take the action that is being proposed with respect to increasing the parking meter voluntary penalty. Councillor A. Vincent expressed opposition to the amount of the above increase in view of the Federal Government restraint guidelines. The Mayor commented briefly on discussions she has had with representatives of the Central Business Development Corporation insofar as the proposed amendment to the Parking Meter By- Law is concerned whereupon Councillor Poley expressed the understanding that this group had no input into this matter and he noted that he is unable to support the proposed amendment to the Parking Meter By-Law, which is to be considered at this meeting. . Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with respect to voluntary penalties, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. I Councillor Flewwelling suggested that, in view of the concern expressed by representatives of the Central Business Development Corporation and their desire to address Councilor meet with the Parking Commission in this regard, this matter should be tabled to permit them to do so. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the above matter be laid on the table until . Council's next meeting. Question being taken, the tabling motion was carried with the Mayor and,Councillors Davis, Gould, Knibb and Schermerhorn voting "nay". ..,.j ~ 207 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 begs leave to report that it sat on December 12,1983 when 'there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1 1. That with regard to the request of Mr. Edward Melanson to purchase property at 271 Main Street, Common Council approve the recommendation of the ,City Manager that Mr. Melanson be advised that the City is not prepared to sell this property at the present time but would be prepared to lease it on a yearly basis at a rental of $350.00 per year on the understanding that no building would be erected on the subject property. 1 2. That as recommended by the City Manager, the City ,lease to Doug's Roast Beef Limited 1,065 square feet of space in the premises at 112 Prince William Street, as shown on the submitted plan, as follows:- (1) all sections of the existing lease to remain the same with the exception of the following :- (a) staff to be permitted to use the washrooms located behind 114 Prince William Street and the lessee will be responsible for maintaining this washroom, and (b) the lease to be for a five~year period from January 1, 1984 to December 31, 1988'at the following rentals', payable in advance:- 1984 - $325.00 per month, 1985 - $375.00 per month, 1986 - $425.00 per month, 1987 - $480.00, and 1988 - $535.00 per month; (3) the lessee agrees to an escalation clause to cover any'increase in expenses over'the 1982 amount of $31,818.09, such escalation to be based on the ratio of the space occupied to the total rentable space in the building, and (4) the lessee agrees that he will, as much as possibie, remove the snow from the sidewalk in front of the premises. , 3. That as recommended by' the City Manager, authority be granted for the sale of the freehold interest in proeprty at 304 Princess Street to Mr. Eleazor Jones, for the sum of $2,250.00. . 4. That the request of the Saint John Association for the Deaf for a grant in the amount of $1,630.00 to cover the cost of rent for the premises occupied by this group in the Old Provincial building, 55 Canterbury Street, for a ten-month period commencing March 1, 1984 to December 31, 1984, be granted. 5. 'That authority be granted for the conveyance of property at the corner of Candlewood Lane and University Avenue to St. John Ambulance, for the sum of one dollar ($1.00), and that St. John Ambulance be responsible for all legal and survey costs associated with the said conveyance. 19 December 1983 Saint John, N.B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. Question being taken, the mtion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. l Question being taken, the motion was carried. I It was noted that section 5 of the above report was considered earlier in this meeting. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from The Honourable Gerald S. Merrithew, Provincial Minister of Natural Resources, regarding the possibility of establishing the Red Head Marsh as a game refuge, which was discussed at Council's meeting of October 11, 1983, re-iterating that the harvest of waterfowl and other wildlife species within the marsh is presently controlled through the regulation'of season dates, season length and bag 'limits and that the Department does not believe that additional measures are necessary, and pointing out that, although control over the discharge of firearms as related to hunting clearly falls within the Provincial jurisdiction, police officers appointed pursuant to the Police Act are ex officio game wardens and therefore, if the issue at hand concerns public disturbance, it is conceivable for the City of Saint John to enact a by-law pertaining to the suppression of noise -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Policemen's Protective Assoclation, Local No. 61, C.U.P.E., stating that this Local very strongly supports anyone presently employed by the Saint John Police Department who applies for the position of Chief of Police, for which applications are now being called -- be received and filed. " Question being taken, the motion was carried. ~ ~00 ""IIIl On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Branch of The Canadian Mental Health Association advising that this Branch is presently investigating several proposed Bicentennial projects, one of which is the beautification of the courtyard behind 42 Princess Street, inquiring about the City's plan for that area and the possibility of this group's involvement in such a project -- be referred to the City Manager for a report and recommendation. Councillor Schermerhorn asked if staff could respond to any Council queries at this time in order to resolve the matter whereupon Mr. Barfoot noted that it is the City Manager's wish to discuss same with Council therefore he would recommend that the matter be referred as proposed. Councillor A. Vincent alluded to a Federal Government proposal regarding the use of this courtyard and he suggested that the above project be combined with same. The Mayor noted that this matter was dis- cussed with the Federal Government and a reply is anticipated. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the request of Mr. Robert W. Chenier to purchase property located between his property at 12 Webster Street and the said Street for a nominal amount -- be referred to the City Manager and City Solicitor for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . '1 1 Seconded by Councillor Flewwelling RESOLVED that the letter from The Standard Life Assurance Company requesting permission to install a sign on the Chesley Place building, stating that permission has been received from the landlord -- be referred to the City Manager and appropriate staff for a report and recommendation. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager submitting copies of documentation regarding the Market Square modest rental housing, advising that the project has been tentatively named "Harbourside" and that the City's objective is to obtain 100 per cent occupancy by the completion date of this project of April 1, 1984, be received and filed and that all prospective tenants be encouraged to submit their names to the City, and that the official name of this housing project be "Harbourside". The Mayor noted that it is the intent for the above housing units to operate on at least a break-even basis. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 7hfiAf ~ Ybrd ommon Clerk At a meeting of Common Council, held at the City Hall in the City of Saint John, on Tuesday, the third day of January, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commis- sioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; J. Breen, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; B. Steeves, Deputy Building Inspector; R. Adams, Property Management Branch; P. Groody, Engineering and Works; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to to the Mayor. 1 . 1 I . ...j I"'" 299 Reverend Fred Burrill of St. Mark's United Church offered the opening prayer. On motion of Councillor M. Vincent . Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on December 19, 1983, be adopted. Question being taken, the motion was carried. 1 Councillor Flewwelling suggested that the members of the Irving group should be officially thanked for their contribution to the community during the Christmas season in the form of a large evergreen tree decorated with over 7,000 coloured lights. Deputy Mayor Davis read a letter to Her Worship the Mayor from three Air Canada flight attendants expressing appreciation with respect to this Christmas tree. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that Common Council, by a letter from the Mayor's Office, thank the members of the Irving group for their annual present to the City of Saint John in the form of a beautiful Christmas tree, one of the largest in the country which is decorated with over 7,000 lights. _I Question being taken, the motion was carried. Councillor Flewwelling commended Fire Chief Clark and the members of the Saint John Fire Department for their excellent representation at the funeral service of the late Mr. Robert Belyea, a firefighter who died in the performance of his duty on December 27, 1983. Deputy Mayor Davis extended on behalf of Common Council a message of sympathy to the family of the late Mr. Belyea and read a ,telex received by the Mayor from the International Association of Fire Fighters expressing sympathy to the Belyea family. . Presentations were made by the Deputy Mayor to the winners of the Environment Committee's recent poetry and poster contest as follows:- Posters - Grades 1 to 3 - 1st place (tie): Cindy Jesso and Shawn Greenlaw, St. Joseph's School; 2nd place (tie): Stacey Chown, Holy Trinity School, and Gregory Rekounas, St. Joseph's School; and 3rd place (tie): Greg Doyle and Tina Murtagh, St. Joseph's School; Grades 4 to 6 - 1st place: Tara White, Morna Heights School; 2nd place: Kirk Ramsay, Westfield Schooi (absent); and 3rd place: Andrea Cotter, Champlain Heights School; Poetry - 1st place: Sara West, Morna Heights School; 2nd place: Kenny Rolfe, St. Joseph's School; and 3rd place: Sylvia Aubi, St. Joseph's School (absent). (Councillor A. Vincent entered the meeting during the foregoing presentations.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1 1. Brodie' Building Renovations, Security Mechanical Limited Plumbing installation Original estimated value of contract Total 'work done Payments previously approved Final holdback release $ 9,896.00 9,896.00 6,729.28 $ 3,166.72 2. Brodie Building Renovations H. D. Mackin Limited Electrical renovations' Amount of tender Payment Numbers 1 and 2, May and Aug~st 1983 Final holdback release $41,451. 00 35,233.35 $ 6,217.65 . Question being taken, the motion was carried. On motion of Councillor Murray 1 Seconded by Councillor Schermerhorn , RESOLVED that the letter from the City Manager regarding the tender for arena shields, which was tabled at Council's meeting of December 19, 1983 pending an explanation of whether the low tender includes all applicable taxes; advising that, although the low tenderer, J. L. Chevalier Arena Equipment 'Ltd., did not include Provincial sales tax in its tendered amount and the City must pay the 10 per cent tax on the purchase price direct to the Provincial Government if such tender is accepted, the low bid still remains low by $2,376.00, and recommending that this matter be taken from the table and the subject contract be awarded to the low tenderer, J. L. Chevalier Arena Equipment Ltd., in the quoted amount of $16,800.00, and that the Provincial tax be paid directly to the Province of New Brunswick -- be received and filed and the recommendation adopted. 1 Councillor Knibb expressed opposition the above motion on the basis that the low tenderer has not met the specifications required as its tendered ,amount excluded the Provincial sales tax and he suggested that the subject tender should be awarded to the second lowest t~nderer, Bay Glass & Metal Ltd. Mr. Barfoot confirmed that all taxes were to be included in the tendered price, however he pointed out that the position of the above company is that the tendered"amount does include all applicable taxes and noted that the subject tender is low in any event. Discussion ensued regarding the cost-sharing to be provided by The Saint John 1985 Canada Summer Games Society, Inc., in the amount of $6;300.00, as Lancaster Centennial Arena, which will be supplied shields upon the award of the above tender, is one of the Canada Games sites and Councillor M. Vincent, a member of the said group, expressed the opinion that one of the requirements for cost-sharing is that the award must be made to the low tenderer. Councillor A. Vincent questioned the propriety of awarding a tender to a firm which does not appear to meet the specifications, despite the stipulation with respect to cost-sharing. Question being taken, the motion was lost with the Deputy Mayor and Councillors Flewwelling, Knibb, Poley, Schermerhorn, Vaughan and A. Vincent voting "nay". . lo.. ""'IIIl 2;10 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the tender for arena shields be awarded to . Bay Glass & Metal Ltd., in the tendered amount of $20,856.00. Question being taken, the motion was carried with the Deputy Mayor and Councillors Murray and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the unit prices tendered by Apex Industrial Supply Ltd., as indicated in the submitted bid summary, be accepted for the supply of plough blades for the current winter season. II Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the bid of New System Laundry & Cleaners Ltd., as indicated in the submitted bid summary, be accepted for 1 the provision of dry cleaning services to the Police Department for the year 1984. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the bids of Fairweather's Garage Ltd. and Maritime Tire Ltc,., as outlined in the City Manager's letter of December 23, 1983, be accepted for supplying the City's tire requirements for the year 1984. Mr. Robichaud, replying to a query of Councillor M.'Vincent, advised the quantity of tires ordered during 1982 in the various categories and expressed the opinion that it is expected that approximately the same quantity will be ordered in 1984. . Question being taken, the motion was carried. (Her Worship the Mayor entered the meeting and assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the submitted application for grant assistance from New Lease Inc. be referred to the grants committee for consideration. 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager noting that the City of Saint John recently received $40,885.50 from the Province of New Brunswick, representing one-quarter of the 1984 Provincial Bicentennial grant and pointing out that, in order for such funds to be transferred to The Saint John Bicentennial Inc., it will be necessary for Common Council to pass the appropriate resolution, and recommending that the City of Saint John make available to The Saint John Bicentennial Inc. in 1984, the amount of $163,542.00, such amount representing the City's Bicentennial grant from the Province of New Brunswick -- be received and filed and the recommendation adopted, with Council to approve the transfer to The Saint John Bicentennial Inc. of the quarterly ... amounts as each amount is received from the Province of New Brunswick. A brief discussion ensued regarding the recent appointment of the Citizens Bicentennial Task Force by the Lieutenant-Governor-in-Council, under the New Brunswick Bicentennial Act, the purpose of which the Mayor noted will be discussed at a meeting later this week with Provincial representatives. Question being taken, the motion was carried. Seconded by Councillor Vaughan I On motion of Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council'S resolution of February 14, 1983 with respect to ambulance rates, be rescinded and that the proposed rates recommended by the Saint John Regional Hospital, namely, $60.00 for calls in the City of Saint John, $60.00 plus mileage at $2.00 per mile both ways for calls outside the City of Saint John, and $45.00 for interhospital transfers, be adopted, effective immediately. Councillor Murray expressed the opinion that the above' matter should not be considered prior to Council's adoption of a 1984 budget and also that, if it is 'considered necessary to increase such rates, it should be carried out over a two-year period. Matters relating to the per mile rate for calls outside the City, the amount subsidized by the City for ambulance service, interhospital transfers with the opinion being expressed that this should be a Provincial responsibility, and personal insurance coverage for ambulance service were discussed and the suggestion was made that the above matter should be tabled pending Council's adoption of the 1984 budget, particularly in the event that such proposed increases may not be adequate in view of the amount of subsidization pro- vided by the City for such service. I On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for two weeks. ..oIIl ,.. 211 . 1 I . 1 . I 1 . lo.. Question being taken, the tabling motion was car~ied with the Mayor and Councillors Davis and Knibb voting "nayll. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the lette~ from the City Manage~ submitting copies of correspondence regarding discussions with the Provincial Department of 'Transportation and the proposed construction of Phase 2 of the North-South Arterial, advising that the proposed Contract A of the proposal will be included in the City's 1984 transportation program with all costs shown as recoverable from the Province -- be received and filed and the Province of New Brunswick be informed that the Common Council of the City of Saint John continues to consider the North-South Arterial as the priority item for Provincial funding in 1984. DeputY,Mayor Davis questioned why the above project should take three years to complete and suggested that a meeting should be held with Provincial representatives in this regard. Councillor Poley expressed the opinion that it should be pointed out to the Province that the above project is distinct from the funding provided by the Provincial Government under Provincially-designated highways. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the joint report from the City Manager, Commissioner of Engineering and Works, and Traffic Engineer advising that the Police Department has received complaints about trucks parking on the west side of Stanley Street in the vicinity of a commercial sign shop, which results, together with parking on the east side of this street, in access being impeded especially for transit buses; proposing to prohibit parking on the west side of Stanley Street to ensure the best traffic operation and still provide parking for patrons of the food store on the opposite side, and recommending that the submitted amendments to the Traffic By-Law be given first and second readings and be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973; And Amendments Thereto", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In, The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", ,be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting ,Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan ,RESOLVED that with regard to the request of Mr. Luke J. Comeau to purchase property at 14-16 Suffolk Street, which was considered by Council in open session and Committee of the Whole on August 29 and September 19, 1983, respectively, Common Council approve the recommendation of the City Manager that the vacant lot at 14-16 Suffolk Street be sold to Mr. Comeau for the appraised value of $3,500.00. Question being taken, the motion was carried. Read a letter from the City Manager regarding the request of Mosher, Chedore & Company, solicitors for Marquis Investments Ltd., to purchase the former Wesleyan Church property at 51 Carleton Street, which was considered by Council at its meeting of October 17, 1983, advising that title problems arose subsequent to Council's approving acquisition of the' subject property on May 26, 1982 and the property has not as yet been transferred, however this matter should be finalized in a short time; noting that at the time of acquisi~ioc tion it was intended to use the subject property in connection with a transportation complex including parking on Station Street with stairs and an escalator leading to Carleton Street, and recommending that the said firm be advised that the subject property is not for sale at this time. On-motion of 'Councillor Flewwelling Seconded by Councillor Murray RESOLVED that with regard to the request of Mosher, Chedore & Company, solicitors for Marquis Investments Ltd., 'to p~chase the former Wesleyan Church property at 51 Carleton Street, Common Council approve the reCOmmendation of the City Manager that this firm be advised that the subject property is not for sale at this time. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender, as submitted by Master Enterprises Ltd., in the amount of $3,450.00, be accepted for the demolition of the building located at 268 Douglas Avenue. Question being taken, the motion was carried. ~J1.~ ""IIIl Consideration was given to a letter from the City Manager regarding 1984 budget matters, advising that it is the intent of the Province of New Brunswick to send the necessary grants and warrants; plus 5 per cent, to the City and that such advances can be used by the City of Saint John for payment of normal City activities, and submitting a proposed resolution, prepared by the Legal Depart- . ment, to allow this to take place. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council adopt the following resolution, namely:- "WHEREAS the 1984 budget for the City of Saint John has not yet been approved: I AND WHEREAS there are some day-to-day matters controlled by the general approval of the budget: NOW THEREFORE BE IT RESOLVED that the City Manager be authorized to approve purchases up to a value of $5,000.00 where provision for same is normally contained in the budget which has not yet been approved: 1984 tion AND FURTHER BE IT RESOLVED that approval be given of the weekly payroll for non-union employees.". A brief discussion ensued particularly with respect to the anticipated approval of the City's 1 budget and the Mayor noted that the budget will be adopted following receipt of certain informa- from the Provincial Government, which is anticipated to be within the next two weeks. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending the North End Neighbourhood . Plan, which forms part of the Municipal Development Plan, to redesignate three properties located at 175 and 159 Metcalf Street and 42 Durham Street (L.R.I.S. Numbers 378976, 374876 and 374868), from Medium Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendment's 'Thereto" , was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn 1 RESOLVED that the by-law entitled, "By-Law Number C.P. 100-1 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning three properties located at 175 and 159 Metcalf Street and 42 Durham Street (L.R.I.S. Numbers 378976, 374876 and 374868), from "RM-l" Three':Storey Multiple Residential to "I-I" Light Industrial classifi- cation, 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 on the condition that the use of the above property be restricted to a muffler and general auto repair garage. The by-law entitled, "By-Law Number C.P. 100-1 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. . Consideration was given to third readings of proposed amendments to the Municipal Plan and Zoning By-Law with respect to property at 1444 Grandview Avenue, as requested by Mr. Raymond Defazio, first and second readings of which were given at Council's meeting of December 19, 1983. Consideration was also given to a letter from the City Manager submitting a copy of a letter from the Commissioner of Community Planning and Development regarding the above-proposed amendments, pointing out that the information in the submitted letter varies from that given by the applicant's solicitor at the public hearing with respect to an expansion of the existing building as the applicant's solicitor stated that the owner of the property did not intend to build an addition to the subject garage and the Building Inspector has indicated that the addition has already been completed, without a permit and contrary to a work-stop-order, and recommending that third reading of the subject amendments be tabled pending further clarification. 1 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a 15,000 sQuare foot parcel of land at I 1444 Grandview Avenue (L.R.I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from Low Density Residential to Light Industrial classification, be read a third ~ time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Councillor Schermerhorn questioned the matter of work being performed on the subject property regardless of a stop-work-order being issued by the City. The Mayor noted the presence in the Council Chamber of Mr. Raymond Defazio and his Solicitor, Mr. James Whelly, and suggested that such queries be directed to them. . On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Mr. James Whelly be invited to address Council at this time. ...oIIl ,... ,213 Question being taken, the motion was carried. . Mr. Whelly addressed Council and advised that he had no knowledge of a second addition being constructed on the subject building which resulted in the above action. Mr. Defazio replied in the negative to a query of the Mayor if he proceeded with the subject work after being issued a stop-work-order. Councillor Poley noted that the City Manager is recommending that the above matter be tabled. On'motion of Councillor Poley ~7 Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table for one week pending clarification. 1 Question being taken, the'tabling motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Murray, Vaughan and M. Vincent voting "nay". Question being taken, the original motion was carried with Councillors Poley, Schermerhorn and A. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor M. Vincent RESOLVED that the by_law entitled, "By-Law Numter C.P. 100-2 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 15,000 square foot parcel of land at 1444 Grandview Avenue (L.R.I.S. Number 340661), having a frontage of 100 feet on the southeastern side of Grandview Avenue, from "RS-2" One-and Two-Family Suburban Residential to "I-I" Light Industrial 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. 100-2 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 with Councillors Poley, Schermerhorn and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwellfng RESOLVED that the letter from the City Manager regarding the above matter be received and filed. Question being taken, the motion was carried with Councillor Poley voting "nay". Consideration was given to third reading of a proposed amendment to the Parking Meter By-Law, with respect to increasing the voluntary penalty, which was given first 'and second readings at Council's meeting of December 12, 1983 and tabled at Council's meeing of December 19, 1983. I Consideration was also given to a letter from the Saint John Central Business Development Corporation expressing opposition to the proposed increase in parking meter fines on the basis that the imposition of a $5.00 fine will be unnecessarily punitive to the errant parker who is unable to return to that meter in time to avoid a ticket, which wilt create 'a very negative reaction to the 'City centre at a time when hospitality must be the City's theme, and that it will be an inadequate deterrent to the intentional abuse of metered spaces by long-term parkers; expressing the opinion that, as previously proposed, reticketing would achieve the necessary turnover of metered spaces without poor public relations and urging Council to seriously consider this alternative as one, that better serves the interests of the City, its business community and its citizens. . Consideration was also given to a letter from the City Manager regarding the above matter, clarifying that the main reason for the proposed increase in the voluntary penalty from $2:00 to $5.00 is not to get extra revenue for the City but because the cost of issuing a ticket exceeds the current penalty for receiving a ticket; noting that the other important consideration is that, at the current voluntary penalty, it is less expensive for long-term parkers to park all day at a one-hour meter than to park all day at an off- street parking lot, the former practice reducing the availability of spaces for short-term retail and commercial clients, as well as the revenue from parking meters and the revenue to off-street parking facilities, and recommending that ,Council proceed with the third reading of the proposed amendment to the Parking Meter By-Law. Councillor Knibb noted the presence in the Council Chamber of representatives from the Saint John Central Business Development Corporation and suggested that they be given the opportunity to address Council regarding the above matter. I On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that representatives of the Saint John Central Business Development Corporation be invited to address Council at this time. Question being taken, the motion was carried. 1 Mr. ,Mark Hayward addressed Council and reviewed the contents, of the above-noted letter from the said Corporation and advised that members of the Corporation are willing to discuss the subject matter with City staff in an attempt to resolve ,same. The Mayor suggested that the above matter be tabled for one week to allow for such a meeting. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be'laid on the table for one week and that the City Manager be requested to make, the necessary arrangements for a meeting with members of the Saint John Central Business Development Corporation. . Question being taken, the tabling motion was carried. Read report of the Committee of the Whole (as follows) lo.. ""llIl 214\ To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports . Your Committee begs leave to report that it sat on Monday, December 19, 1983, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the request of the Canadian Council of the Blind for financial assistance in the form of a banquet on the occasion of this group's national convention to be held in Saint John on September 26, 1984, a grant in the amount of $8.00 per capita, to a maximum of $1,000.00, be approved. 2. That the letter from the City Manager regarding proposals received for the development of the Water Street office building site, recommending acceptance of the decision of the Urban Renewal Co- Ordinating Committee to proceed with the proposal of Regional Realty Ltd. on the following conditions:- (1) that Regional Group Ltd. be provided with the sole option to provide a more formal proposal for the site; (2) that the proposal be received by March 15, 1984 and to include, in addition to the information noted in its above-mentioned proposal, data on development costs, a development schedule and conceptual plans; and (3) that, if following that date, the information provided or forthcoming does not appear to be or is not capable of being acceptable to the Partnership, the Partnership to have the right to opt out of the arrangement noted in (1) above -- be received and filed and the recommendation adopted. I 3. That as recommended by the City Manager, a payment of $5,500.00 be made to Miss Muriel McIntyre or her representative as a settlement for any loss in value caused to her property at 6 Cranston Avenue by the construction of the North/South Arterial Highway, such payment to be subject to a release being obtained and approved by the Legal Department. 1 January 3, 1984 Saint JOhn, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C ha i r man. On motion of Councillor Knibb . Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Councillor A. Vincent questioned the possibility of setting a precedent by considering the above matter in regular session in view:of the possibility of there being other claims. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the extension of Weldon Avenue. . Councillor Schermerhorn expressed opposition to the above motion on the basis that it is his understanding that residents in the area are opposed to such action. Councillor Poley questioned if the proposed street extension is necessary insofar as the subdivision of the property is concerned to which Mr. Winch replied in the negative. Councillor M. Vincent questioned if any favourable response was received from residents in the subject area with respect to the proposed street extension to which Mr. Winch replied in the negative. Question being taken, the motion was carried with Councillors Poley, Schermerhorn and M. Vincent voting "nay". On motion of Councillor Schermerhorn I , Seconded by Councillor Knibb RESOLVED that the letter from the Rockwood Park Advisory Board regarding the proposal of Super Slide Ltd. to construct waterslides at Rockwood Park, which was considered by Council at its meeting of November 28, 1983, recommending that such proposal be considered only after (1) the location of the structure is approved by the Recreation and Parks Department, (2) a credit report is obtained by the Finance Department regarding the financial status of Super Slide Ltd., (3) a certified copy of a comprehensive liability policy is obtained by the subject company and approved by the City Solicitor, and (4) if a waterslide is located in Rockwood Park, it must be located in a position that does not deter from the present park environment -- be referred to the City Manager for a report and recommendation. I Councillor Knibb noted the presence in the Council Chamber of Mr. Bruce Court, President of Super Slide Ltd., and suggested that Council invite him to address the above matter. On motion of Councillor Knibb Seconded by Councillor Flewwelling . RESOLVED that Mr. Bruce Court be invited to address Council at this time. ~ ".... 'N ,.~5 Question being taken, the motion was carried. . Mr. Court addressed Council with respect to the four points raised in the above letter from the Rockwood Park Advisory Board, and a brief discussion ensued with respect to the influx of a commercial operation into an area such as Rockwood Park, the number of employees related to a waterslide operation and the revenue to be gained by Rockwood Park if such proposal is approved. Mr. Court advised that it is his intent, if his proposal is approved by Council, to have the waterslide ready for June of this year. Question being taken, the original motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Davis RESOLVED that the letter from the Policing Services Branch of the Provincial Department of Justice, referring to the Trespass Act, which was considered by Council at its November 21, 1983 meeting, noting that prior to the enactment of this Act, cities in the Province of New Brunswick have eeen enforcing and controlling situations on city property through their authority to pass appropriate by-laws; stating that the Trespass Act is indeed not of universal application, there being many owners and occupiers of land and premises who must rely on the common law remedies involved in trespass, and suggesting that the incorporated City of Saint John does have the power to enact by-laws to control forest land use and abuse within the City limites -- be referred to the City Manager and City Solicitor for a report to Council. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent . RESOLVED that the memorandum from the Federation of Canadian Municipalities submitting copies of conference resolutions procedures and inviting Common Council to submit appropriate resolutions on subjects of national municipal interest for debate at the 1984 Annual Conference to be held in Winnipeg, Manitoba from June 3 to 7, 1984 -- be received and Council members be requested to forward any suggestions they may have to the City Manager by February 15, 1984 in order for the proposed resolutions to be prepared for Council's consideration. ' Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. 1 Yh/17 w Yh"r~ Common Clerk. At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of January, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent . - and - 1 Messrp. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P., Clark, Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; D. J. Frencq, Director of Personnel; C. McGill, Visitor and Convention Officer; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Raymond Stack, Pastor of St. John the Baptist Parish, offered the opening prayer. On motion of Councillor Flewwelling I January 3, 1984, be ad?pted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. . Her Worship the Mayor extended, on behalf of Common Council, a message of sympathy to the family of the late Mr. David C. Smith, General Manager of the Saint John Harbour Bridge Authority and county secretary and administrator of the former Saint, John Municipal Council, who passed away on January 5, 1984. The Mayor noted that the late Mr. Smith was an ardent sportsman, having served as secretary-treasurer of the New'" Brunswick Curling Association for more than twenty years and been selected to the Canadian Curling Hall of Fame in 1978 for his contribution to the national development of curling. On motion of Councillor M. Vincent Seconded by Councillor Murray RESOLVED that a letter of condolence be ,forwarded to the family of the late Mr. David C. Smith. .... N 16 ~ Question being taken, the motion was carried. , Her Worship the Mayor read a prepared statement referring to public statements pertaining to the possible sale of the civic hydro utility to the New Brunswick Electric Power Commission, which indicate that she has offered this utility to the Province"and advised that, althongh discussions have been held with senior City staff, as well as with representatives of both the Power Commission of the City of Saint John and NB Power to determine what, if any, benefits may be derived by such action and those derived by maintaining the civic hydro utility, this matter is being reviewed in an exploratory manner and that there has been nothing finalized, nor has there been any written presenta- tion, with respect to the sale of this utility to NB Power. Councillor A. Vincent requested confirmation from the Mayor that the Fire Department's No. 3 Hose Company at Carmarthen Street is in service. Her Worship the Mayor referred to Council's resolution of January 3, 1984 which authorizes payment of non-union salaries, which includes holiday- relief firefighters, and confirmed that the pump company in question is in service. The Mayor noted that she was disturbed to learn that some members of staff apparently advised the firefighters' union that this pump company was to be removed and she advised that Council anticipates hearing from the Province of New Brunswick regarding the City's 1984 budget by January 13, 1984 following which it is hoped to present same to Council for consideration at its meeting of January 16, 1984. Councillor Knibb suggested that an item regarding Tattoo 200, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda for Council's consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that an item regarding Tattoo 200 be added to the agenda for Council's consideration at this meeting. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land located at 326 Union Street (L.R.I.S. Number 017640), having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street, from Medium Density Residential to Light Industrial classification, to allow re- zoning of the parcel to "I-I" Light Industrial classification so that it could be used for an auto body shop, as requested by Crowe's Auto Body Shop. Public presentation was made of a proposed Municipal Plan"amendment to redesignate two parcels of land, which together make up the western two-thirds of a City block, located on the eastern side of Charlotte Street, having dimensions of 200 feet on Charlotte Street, 350 feet on Broad Street and 300 feet on Broadview Avenue (L.R.I.S. Numbers 000315 and 000323), from Medium Density Residential to Light Industrial classification, to allow re-zoning of the parcels 'to Light Industrial classification consistent with the past use of the properties by Regal Wholesale Ltd., as requested by Regal Wholesale Ltd. Read a letter from Mayor Wayne reQuesting an update from the City Manager regarding the proposed location of the City Hall Art Gallery after January 31, 1984, in view of her understanding that the Art Gallery will be closed from its present location in City Hall after that date. Her Worship the Mayor noted that there is an item on the agenda for discussion in Committee of the Whole later this date and she suggested that the above matter should be referred to the City Manager for an up-to-date report. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the New Brunswick Heart Foundation proposing the establishment of an emergency advisory council regarding emergency medical response 'systems in the City, recommending that Common Council approve the establishment of an advisory group as proposed, and that the matter of membership be referred to the Nominating Committee, be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a copy of a translated letter from members of a Dutch choir who, in order to obtain financial assistance from their Government to visit Saint John in May 1984, reQuire an invitation from the City of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend an invitation to the members of the Aalsmeer Choir "Con Amore" to visit Saint John during May 1984. Councillor Murray suggested that the City should consider the possibility of hosting a small reception on behalf of the above choir in the event it visits the City. Question being taken, the motion was carried. . I I . 1 . I 1 . ..... ,.... ,', ,17 On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Fun-dy Bay HOldings Ltd. - supply of sand and gravel November 16-30, 1983, $10,638.02 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn I RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Chain Link Fencing 1980 Eastern Fence Limited Fencing at various sites Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated December 20, 1983 Final holdback release $57,177.45 54,364.01 Nil 52,733.09 $ 1,630.92 I 2. Union Street Retaining Wall Reconstruction W.A.C. Excavators Limited Retaining wall reconstruction plus appurtenances Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated January 4, 1984 Partial holdback release. $35,341. 64 31,097.59 100.00 26,432.95 $ 4,564.64 . Question being taken"the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the submitted application for grant assistance from Senior Aid and Research Inc. be referred to the grants committee for consideration. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the submitted application for grant assistance from St. John Ambulance, Saint John Division, be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED that the letter from the City Manager regarding the proposed amendment to the Parking Meter By-Law with 'respect to increasing the voluntary penalty from $2.00 to $5.00, which was tabled at Council's last meeting, advising that a meeting was held with representatives of the Saint John Central Business Development Corporation in this regard during which time the suggestion was made that the psychological impact of such an increase could be lessened if validation stamps for off- street parking were handed out with the violations for a transition period, such validation stamps to be placed on the Saint John Parking Commission leaflet showing hourly parking facilities, as 'submitted, and recommending that Council approve the concept of validation stamps with parking meter overtime violations for a transition period from the adoption of the said By-Law change, until May 31, 1984, and further that Council proceed with third reading of the proposed Parking Meter By-Law amendment -- be received and filed and the 'recommendation adopted. I Mr. McDermott explained that it is the intent to issue a $1.00 validation stamp, which could be utilized for the suggested transition period as a credit in any City-owned parking lot. Councillor Vaughan questioned when such a validation stamp would 'be issued to which Mr. McDermott replied that any person issued a violation ticket will also be issued a validation stamp, Councillor Vaughan expressed the opinion that such validation stamps should be issued when the violation ticket is paid by the person concerned. Deputy Mayor Davis questioned the propriety of the third reading being given to ,the Parking Meter By-Law amendment in view of the proposal to issue validation stamps. Mr. Rodgers expressed the opinion that, although the granting of a validation stamp is part of the above resolution, it, does not form part'of the proposed Parking Meter By-Law amendment. Councillor A. Vincent requested that consideration be given to permitting parking in the South Market Street area. ' I Question being taken, the motion was carried. . Read a letter from the City Manager regarding the proposal of Super Slide Ltd. to construct two waterslides at Rockwood Park, which was considered by Council at its November 28, 1983 and January 3, 1984 meetings, stating that the main question to be addressed is whether City park land should be used for commercial development, particularly in view,of the emphasis to date having been placed on the preservation of the natural environment and on non-commercial uses, even to the extent of the elimination of vehicular traffic in many areas of the Park and the City having won the Vincent Massey Award for the work done to develop Rockwood Park as its Centennial Project in 1967. The letter also states that the location proposed by Super Slide Ltd. is right in the heart of the most attractive area of Rockwood Park, an area which is already congested in the summer, and to add a major commercial attraction at this particular spot would detract from the quality of recreation and environment in this area. The letter advises that the Recreation llo... 18 ~ ( and Parks Department has identified an area northeast of the road leading from Hawthorne Avenue to the Fisher Lakes parking lot, including the present ski hill area in which commercial amusements could be located and suggests that proposals be called for commercial amusements in this area. On motion of Councillor Murray . Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the request of Mr. Bruce Court, President of Super Slide Ltd., for the lease of land in Rockwood Park adjacent to the beach at Fisher Lakes, be denied; that Council approve the concept of a commercial amusement area in the location as recommended by the Recreation and Parks Department, namely an area northeast of the road leading from Hawthorne Avenue to the Fisher Lakes parking lot, including the present ski hill area, and that proposals be called for commercial amusement development in this area, with a proposal from Mr. Court to be considered at that time. I Councillor Knibb questioned whether by adopting the above resolution Council may be discouraging entrepreneurs, such as Mr. Bruce Court of Super Slide Ltd., from attempting to establish private industry in the City. Mr. Nicolle clarified that it is not the intent to discourage local entrepreneurs, however before staff is prepared to support a project it must be ensured that it is in the best interests of the City, and particularly to ensure that policies and programmes which have been developed over the years are not displaced as it would be unfortunate, particularly in the Rockwood Park area, to have this occur. Discussion ensued regarding Mr. Court's discussion with City staff with respect to his proposal and the period of time required, should Council approve the concept of a commercial amusement area in the subject location, for staff to present a recommendation. Mr. Nicolle advised that, depending on whether Council prefers that staff consider proposals from only local entrepreneurs or proposals from both local and national interests, a period of one month or several months, respectively, would be required to review this matter. Councillor Murray questioned the amount to be paid by potential developers for the subject land and requested a report from staff in this regard. Mr. McDermott advised that the Rockwood Park Advisory Board will be contacted in this regard and that staff should be in a position to report to Council respecting this matter in two weeks' time. Councillor Flewwelling suggested that, if Mr. Court does not wish to submit a proposal for,the property in question, consideration could be given to the Dominion Park area. I Question being taken, the motion was carried. . Notice had been sent to Mary Elizaheth Sandra Clayton, Mortgagor and Her Majesty the Queen in Right of Canada as represented by the Minister of Veteran's Affairs, Mortgagee, to appear at this meeting to show cause, if any, why the building located at 9 Jardine Street (L.R.I.S. Number 320788), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and noted that, although the subject building was declared dangerous and dilipidated by Council on December 5, 1983, staff had inadvertently served Her Majesty the Queen in Right of the Province of New Brunswick rather than Her Majesty the Queen in Right of Canada, therefore it is before Council again at this time. Mr. Johnson stated that this two-storey woodframe building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. 1 On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that notice having been given to Mary Elizabeth Sandra Clayton, Mortgagor and Her Majesty the Queen in Right of Canada as represented by the Minister of Veteran's Affairs, Mortgagee, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 9 Jardine Street (L.R.I.S. Number 320788), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 9 Jardine Street in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Mary Elizabeth Sandra Clayton, Mortgagor and Her Majesty the Queen in Right of Canada as represented by the Minister of Veteran's Affairs, Mortgagee, are hereby required to remove or destroy the said building situate at civic number 9 Jardine Street in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: . AND BE IT FURTHER RESOLVED that upon failure of the said Mary Elizabeth Sandra Clayton, Mortgagor and Her Majesty the Queen in Right of Canada as represented by the Minister of Veteran's Affairs, Mortgagee, to remove or destroy the said building situate at9 Jardine Street in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Mary Elizabeth Sandra Clayton, Mortgagor and Her Majesty the Queen in Right of Canada as represented by the Minister of Veteran's Affairs, Mortgagee. I Mr. Johnson, replying to a query of Councillor A. Vincent, advised that, although the Department of Veteran's Affairs accepted service of the notification, this Department would not accept the liability for the subject building, and he agreed to attempt again to have the subject Department remove or destroy the said building. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute a quit claim deed in favour of 125795 Canada Incorpor- ated to a lot of land on Fairville Boulevard, known as Lot C, formerly conveyed by the City to Galbraith Construction Ltd. by Deed dated the 7th day of May 1970, preserving however an easement affecting a portion of the said lot granted by Galbraith Construction Ltd. to the City by Document dated the 17th day of February 1982. Question being taken, the motion was carried. . ~ ,... n " 11..9 . Read a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law respecting parking on Stanley Street, which was given first and second readings at Council's last meeting, advising that third reading is now in order. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", regarding parking on Stanley Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I' John Made entirety. The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The . II . Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto, was read City Of Saint in its Councillor Poley advised that he discussed the above matter with Mr. Dwight Allaby, Solicitor for a property owner on the above street and, as Mr. Allaby is not present at this time and on the understanding that he wishes to address Council in this regard, he requested that Council delay a decision on the above matter until later in this meeting. I' On motion of Councillor A. Vincent Seconded by Councillor Poley RESOLVED that the above matter be laid on the table for further con- sideration later in this meeting. Question being taken, the tabling motion was carried with the Mayor and Councillors Gould, Knibb and Schermerhorn voting linay". . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Ray Corscadden have been completed, and that the required waiting period for objections expired on January 4, 1984 with no written objections having been received. On motion of Councillor Schermerhorn . Seconded by Councillor Poley . RESOLVED that the application of Mr. Ray Corscadden for a Municipal Plan amendment and re-zoning of property located at 341 Loch Lomond Road, be referred to the Planning Advis- ory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on February 20, 1984. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 1 Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Desourdy Construction and Stephen Paving (1982) Ltd. have been completed, and that the required waiting period for objections expired on January 4, 1984, with letters of support having been received from the Mayor of Ste-Angele de Monnoir; City Manager of Ville de Brossard; Mayor of Ascot, Quebec; Secretary-Treasurer of Saint-Georges-De-Clarenceville; Chef de Division de l'Approvisionnement, Ville de Sherbrooke; and Government du Quebec, Ministere de l'Environnement. On motion of Councillor Schermerhorn . RESOLVED that the application of Desourdy Construction and Stephen Paving (1982) Ltd. for a Municipal Plan amendment and re-zoning of property lOCated north of Ashburn Road, between the Saint John Throughway and Rothesay Avenue, 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 February 20, 1984. Seconded by Councillor Gould Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn' ~I RESOLVED that the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", with respect to increasing the voluntary penalty, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety 'at a previous meeting of Common Council. Question being taken, the motion was carried. I 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 The Committee of the Whole begs leave to report that it sat on Tuesday, January 3, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- . 1. That with respect to the enquiry of the Saint John Branch of The Canadian Mental Health Association regarding the beautification of the courtyard behind 42 Princess Street as one of its Bicentennial projects, Common Council approve the recommendation of the City Manager that this Association be advised that the City cannot support the courtyard proposal at this time. ..... z, 20 """IIIIl 2. That with respect to the request (C.A.H.R.O.) for financial assistance John from June 17 to June 20, 1984, a of the Canadian Association of Housing & Renewal Officials for the 1984 C.A.H.R.O. annual conference to be held in Saint grant in the amount of $3,000.00 be approved. 3. That with respect to the request of the New Brunswick Association of Marriage and Family ,Counselling for financial assistance to assist in the cost of Bicentennial name tags for use during this group's 3rd annual conference, Common Council approve the recommendation of the City Manager that, as this request does not fall within grant assistance guidelines, such request be denied. . 4. That as recommended by the Nominating Committee, Mrs. Joan Pearce, Mr. Thomas Davidson and Mr. William T. Grant be appointed to the Planning Advisory Committee for a term of three years effective January 1, 1984. 5. That as recommended by the Nominating Committee, the Energy Conservation Committee be abolished. I 6. That as recommended by the Nominating Committee, the following persons be appointed to the Recreation and Parks Advisory Board for a term of two years effective January 1, 1984: Mr. Arthur Pottle, Mr. George Stears, Miss Glenna J. Young, Mr. Michael Upward, Mr; Joseph Flynn, Mr. Bernard Lunney, Dr. Louis Simon and Councillor Marlene Vaughan (liaison). 7. That as recommended by the Nominating Committee, the following persons be appointed to the Rockwood Park Advisory Board for a term of two years effective January 1, 1984: Councillor Kenneth R. Gould, Mr. Jack McNamara, Mrs. Sandra Franey, Miss Patricia McBride, Mr. John Kern and Mr. Lawrence B. Murphy. I 8. That as recommended by the Nominating Committee, the following persons be appointed to the Saint John Fundy Region Development Commission for a term of two years effective January 1, 1984: Mr. William G. Bartlett, Mr. P. D. Darrah, Mr. Peter Jollymore, Councillor Dennis R. Knibb, Mrs. Mary Lou Barkhouse, Mr. G. Stewart Baker and Mr. G. Forbes Elliot. 9. That as recommended by the Nominating Committee, the following persons be appointed to the Appeals Committee - Water and Sewerage Rates for a one-year term effective January 1, 1984: Miss Lynne Burnham, Chairman; Mr. Richard Flood and Mrs. Marilyn Machum. . 10. That as recommended by the Nominating Committee, the following persons be appointed to the Parking Commission for a term of two years effective January 1, 1984: Mr. Dwight Allaby, Mr. Lloyd Goldsmith, Mr. Douglas Chase, Mrs. Anne Mosher, Dr. William Irving, and Mr. Peter Trites: AND FURTHER that the City Solicitor be requested to prepare draft legislation to amend the Act establishing the Parking Commission, to provide for staggered terms of office for Commission members. January 9, 1984 Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. (Councillor Gould withdrew from the meeting.) On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried_with Councillor M. Vincent voting "nay". (Councillor Poley withdrew from the meeting.) On motion of Councillor Murray Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with the Mayor voting "nay". . (Councillor Poley re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted: AND FURTHER that the above matter be referred to The Saint John Bicentennial Inc. Question being taken, the motion was carried. I On motion of Councillor ,Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the ,above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. . ~ I"'" IG 21 . I' 'I . 1 . :1 ,I . .... Councillor Murray expressed opposition to the above motion on the basis that, although the terms of reference for the above committee state that where possible a student should be appointed to same, a student appointment is not being considered. Question being taken, the motion was carried with Councillors Murray, A. Vincent and M. Vincent voting "nay". (Councillor Gould re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting 11nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 9 of the above report be adopted. Councillor A. Vincent suggested that public notification should be given to the effect that the above committee is active as he was of the understanding that this committee has not been functioning. The Mayor requested the City Manager to discuss with representatives of the local newspaper the matter of a specific section in the local newspaper being set aside to advertise various matters related to the City of Saint John, such as by-laws, committees, etc. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 10 of the above report be adopted: AND FURTHER that Mrs. Constance Erb be appointed to the Parking Commission for a term of two years effective January 1, 1984. The Mayor noted that Mrs. Erb's appointment to the Parking Commission was considered in Committee of the Whole earlier this date. Councillor A. Vincent nominated Mr. Robert L. Sproul, who has been a Parking Commission member, to serve On this Commission. The Mayor questioned, in view of the fact that the above-named persons, if approved, represent a full complement of members which Council can appoint to the Commission, the proper procedure to follow with respect to the nominee recommended by Councillor A. Vincent. Mr. Rodgers expressed the opinion that, based on past practice 'when nominations occur in this manner and the names exceed the number of persons Council is lawfully permitted to place On such a commission, such names can be voted on by secret ballot and a scrutineer counts such ballots" rather than debate the individual names publicly. It was noted that Council is authorized to appoint seven persons to the Parking Commission. It was agreed that a secret ballot would be held and ballots were distributed and 'collected, after the vote, by the Common Clerk and, during a brief recess of Council, such ballots were counted by she and the City Solicitor. The Council meeting resumed and ,the Common Clerk advised, that the following persons, listed in random order, polled the seven highest number of votes:- Mr. Dwight Allaby, Mr. Lloyd Goldsmith, Mr. Douglas Chase, Mrs. Anne Mosher, Dr. William Irving, Mr. Peter Trites and Mrs. Constance Erb. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned ballots be destroyed. Question being taken, the motion was carried. Councillor A. Vincent requested to be advised privately the count of the above secret ballot, which Mr. Rodgers deemed to be in order. Councillor A.Vincent suggested that the previous members of the Parking Commission should be thanked for their services in this regard. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the former members of the Parking Commission be thanked for their services in this regard. Question being taken, the motion was carried. The Mayor requested that the appointment of members to the Power Commission, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda and considered at this time. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that an item regarding Power Commission appointments be added to the agenda and considered at this time. Question being taken, the motion was carried. l- 22 "'lIIl On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Nominating Committee, the following members be appointed to the Power Commission for a term of three years effective February 15, 1984: Mr. Thomas G. O'Neil, Mr. S. David Lubin and Mr. Jack Woodhouse. . Councillor A. Vincent noted that a Nominating Committee report was not included on the agenda for the last meeting of Council to which the Mayor noted that such a report was added to the agenda of the last Committee of the Whole meeting. Councillor Knibb expressed the understanding that there is some disagreement among Council members with respect to members of the Civic Hydro and suggested that the above matter be considered further in Committee of the Whole rather than debate same publicly at this time. On motion of Councillor Knibb I Seconded by Councillor Murray RESOLVED that the above matter be referred to Committee of the Whole for further discussion. Question being taken, the referral motion was carried with the Mayor, Deputy Mayor, and Councillors Gould, Schermerhorn and Vaughan voting "nay". I' Consideration was given to a letter from Garden Homes Holdings Inc., representing residents of the Tartan Street, Somerset Park, Sussex Drive and Millidge Avenue areas of the City, expressing concern over the lack of adequate water pressure and the presence of impurities in the water supply in the subject area. Councillor Knibb noted the presence in the Council Chamber of a delegation from the subject area and suggested that a representative of this group be invited to address Council regarding the above matter. The Mayor suggested that Council first hear from the City Manager in this regard whereupon Mr. McDermott suggested that the subject problem should be reviewed during consideration of the 1984 budget and should receive priority therein. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Garden Homes Holdings Inc., representing residents of the Tartan Street, Somerset Park, Sussex Drive and Millidge Avenue area, expressing concern with respect to the lack of adequate water pressure, as well as to the existence of impurities in the water supply in the subject area, requesting Council's prompt attention concerning this matter -- be referred to the City Manager for consideration in the 1984 capital budget. During ensuing discussion, it was suggested that, prior to inviting Mr. Erik W. Kraglund of the Garden Homes Holdings Inc. to address Council, staff should be given the opportunity to respond to this matter. Mr. Armstrong advised that, in recognition of the problem existing in the above area 1 and based on a preliminary review of same, staff is in the process of designing a system to remedy the water problems experienced in the above area, such proposal estimated to cost at least between $250,000.00 to $300,000.00, and that this proposal will be submitted to Council as a high priority program for 1984. Councillor Poley questioned whether or not there is a short-term solution that can be utilized to alleviate the problems in the interim. Mr. Armstrong replied that staff has been unable to identify an interim solution which could accommodate the problem in the entire subject area. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Mr. Erik W. Kraglund be invited to address Council at this time. Question being taken, the motion was carried. . Mr. Kraglund addressed Council and referred to the various discussions held with City staff over the past few years concerning the water problems experienced by residents in the subject area, and he suggested that, in view of the fact that residents are not being provided with adequate water service from the City, a reduction in their water rates should be considered in the interim time period until the problems are resolved. Mr. Kraglund requested definite answers from Council with respect to the water problems in the area in question. The Mayor noted that this matter will be one of the number one priority items for con- sideration in the 1984 Capital Budget. Question being taken, the original motion was carried. I The Mayor noted the presence in the Council Chamber of Mr. Dwight Allaby and she suggested that Council consider the proposed Traffic By-Law amendment respecting Stanley Street, which was tabled earlier in this meeting. On motion of Councillor Gould I Seconded by Councillor Poley RESOLVED that Mr. Dwight Allaby be invited to address Council at this time. Question being taken, the motion was carried. Mr. Allaby, Solicitor, advised that he is representing Phase Electric Ltd., such company being the owner of property which fronts on both Stanley and Summer Streets, the Stanley Street frontage representing the primary entrance to this business establishment. Mr. Allaby advised that this company has twenty-eight vehicles for which there is adequate parking, however customers of this . business normally park on Stanley Street, a practice the owner would like to see continued in the future in order for him to efficiently carry out his business. Mr. Allaby stated that it would be detrimental to the owner to have parking prohibited on the west side of Stanley Street because of the nature of the subject business and because of the actual physical premises. ~ JI""" ,23 . - ~ j' . . / I . I, I . .... Mr. Robichaud suggested that st~ff shoUld meet with Mr. Allaby in an attempt to determine the problem and subsequently report to Council. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from The Saint John District Labour Council referring to a presentation to Common Council by the Labour Council on December 19, 1983, and submitting a list of six names for consideration by the Nominating Committee as .nominees to various City committees, boards, etc. -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Barry, O'Neil & Company, Solicitors, who represented the City of Saint John on behalf of its insurers with respect to the Central Trust Company of Canada vs. the City of Saint John action, advising that the appeal period regarding the decision of Mr. Justice W. L. Hoyt, which was ,rendered on November 25, 1983 has expired and that no appeal has been undertaken by the said Company, therefore the issue as far as the City of Saint John is concerned can now be considered closed -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the City of Saint John provide the following funding for the New Brunswick Tattoo 200:- (1) $50,000.00 for the City of Saint John night and (2) up to $26,000.00 to cover a portion of the operating deficit, and furthermore that the conditions contained in the resolution adopted by Common Council on September 26, 1983 be removed, with the understanding that the charge will be $10.00 per seat except for necessary discounts for bulk purchase and touring groups, and that every effort be made to increase the seating capacity and improve security, and that the previous resolution of September 26, 1983 be rescinded. At the request of Councillor A. Vincent, the Mayor agreed to discuss with Mr. Frank Ervin of Tattoo 200 the possibility of the Maritime Command Tattoo, which is celebrating its twenty-fifth anniversary this year, visiting Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". ~'~"~:.rd At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of January, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; , S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. Todd, Executive Director of Housing; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Breen, Deputy Fire Chief; J. Johnson, Building Inspector; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Archdeacon Harry Quinn of St. Luke's Anglican Church, offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on January 9, 1984, be adopted. .~~ ~ Question being taken, the motion was carried. Her Worship the Mayor referred to the initial appearance during the past week of a prototype of a new CP Rail Emergency Response Vehicle in the City, which is designed to help detect hazardous . emissions from railway cars and to serve as a base from which to co-ordinate corrective measures when dangerous commodity leaks are detected and, upon her request, Chief Clark commented briefly on this matter. The Mayor referred to her attendance, with Councillor Schermerhorn, at a Knights of Columbus function on January 14, 1984, which is the first of a series of three seminars to be held in the City. Her Worship the Mayor advised that she had the opportunity on January 9, 1984, to present the Corporation Gold Medal to Miss Patty Boyles, a former Saint John High School student who is currently attending Dalhousie University in Halifax, N.S. Her Worship the Mayor read a letter from Mr. Malcolm Lawson thanking City staff, on behalf of the family of the late Mr. Roy Lawson, for the extra special services provided by all the departments in the operation of snow removal and Police escort, both before and during the funeral services for the late Mr. Lawson. (Councillor M. Vincent withdrew from the meeting). Read a letter from Mayor Wayne advising of a request from Mr. Peter Fenwick, Chairman of the Planning Advisory Committee, for a copy of the report of the Housing Policies Committee entitled "Housing ,Opportunities In The 80's For The City of Saint John", and seeking Council's direction in this matter. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that a copy of the Housing Policies Committee report entitled, "Housing Opportunities In The 80's For The City of Saint John", be forwarded to the Planning Advisory Committee. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) 'I t . Consideration was given to a letter from Councillor Poley expressing the oplnlon that, with the establishment by Council of the completion of the North/South Arterial, in stages, as a number one priority, it is important to emphasize that this not be accomplished at the expense of the Provincially-designated highways program as it relates to the City of Saint John. The letter notes that, in recent years, two factors have arisen to cause concern about the successful continuance of the said program, namely:- (1) the freezing of the U11conditional grants and (2) the allocation by the Province of funds for construction and reconstruction of certain streets from funds designated under this program. The letter contends that the Provincially-designated highways program should be considered separately and apart with respect to funding from any other specific program of construction, I such as the North/South Arterial program, and suggests that there should be a Provincial Government budgeted item for Provincially-designated highways as opposed to combining it with the unconditional __ grants. The letter concludes that, after Council has had an opportunity to examine arid approve the anticipated staff submission of a five-year plan with respect to upgrading of Provincially-designated highways, copies of this plan should be forwarded personally to the City's local MLAs with the request that they impress upon the Provincial Government the significance of maintaining such a program and the absolute necessity of differentiating between the funds allotted for this program and the funds allotted to highway construction, such as the North/South Arterial, and submits a resolution for Council's consideration. Councillor Poley advised that, as a result of discussion with staff following the prepara- tion of the above letter, he has changed his resolution accordingly. On motion of Councillor Poley Seconded by Councillor Knibb RESOLVED that Common Council advise the Provincial Government that, in keeping with the establishment by Council of the North/South Arterial as a City priority for Provincial funding, Council 'seeks that funding as a special project capital expenditure, and that the need for continued funding for improvements to Provincially-designated highways be emphasized as being separate and apart from any such special projects. Question being taken, the motion was carried. On motion of Councillor Poley Seconded by Councillor Murray RESOLVED that the letter from Councillor Poley regarding Council's recent consideration of a Traffic By-Law amendment with respect to parking on Stanley Street and the appearance before Council at that time of a solicitor on behalf of a person who operates a business on this street, the latter having learned almost by chance of the proposed amendment; submitting a copy of a report from the City Manager, dated July 30, 1982, which recommends no change in the public notifi- cation requirements on the basis that:- (1) no statutory requirement exists; (2) more onerous public notice requirements would lengthen the legislative process; (3) Council's "police powers" should be exercised in the interests of the citizens at large, and (4) Council should rely on staff analysis; disagreeing with the said recommendations, while recognizing the importance of same, and expressing the opinion that Council's role is to afford any and all citizens the opportunity to make submissions where they may be directly affected, in whatever manner, and that Council should carry out its duty only after hearing the views of those most directly affected, and recommending that the City Manager and City Solicitor be instructed to prepare a report on the feasibility of putting into effect appro- priate public notification on amendments to by-laws, where such notification is not now required -- be received and filed and the recommendation adopted. Councillor Poley requested that the above report include the specific by-laws which affect the public and which require no statutory requirements to give public notice, as well as the type of notice recommended to be given in each instance and any costs involved. The Mayor re-iterated her request to the City Manager to discuss with representatives of the local newspaper the matter of a particular section being designated in the newspaper pertaining to City business. Councillor Knibb expressed opposition to the above motion on the basis that the time given to first and second readings o~ such by-laws should be adequate public notification. . I I . ..... I""'" 2:25 " . Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Schermerhorn . City tion 1. I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Mr. S; J. Armstrong, Representative for City Centre Improvements,' authority be granted for payment of the following construc- progress certificates, namely:- ',' Contract CCI #13 - Smythe Street North, Union Street West Que-Mar Construction (Maritimes) Ltd. Construction of streets and services Original estimated value of contract Total work done, Estimate Number 9 (Final) Retention Less previous payments Sum recommended for payment, Progress Estimate Number 9, dated January 5, 1984 Final release of holdback $447,828.00 428,252.53 Nil 417,628.19 $ 10,624.34 I 2. Contract CCI #10 - Street and Traffic Lighting Robinson Construction Company Limited Installation of underground electrical systems Original estimated value of contract Total work done, Estimate Number 9 (Final) Retention Less previous payments Sum recommended for payment, Progress Estimate Number 9, dated January 5, 1984 Final release of holdback $308,950.00 328,193.35 Nil 324,678.66 $ 3,514.69 . 3. Contract CCI #6 - North Market Wharf, East Market Slip W. E. Kelly Limited Construction of streets and services, including Loyalist Plaza Original estimated value of contract Total work done, Estimate Number 13 (Final) Retention Previous payments Sum recommended for payment, Progress Estimate Number 13, dated January ,5, 1984 Final release of holdback $555,442.00 614,540.35 Nil 612,961.18 $ 1,579.17 1 4. Contract CCI #19A - Garden Entrance Saint John Tile & Terrazzo Co. Ltd. Construction of masonry and precast concrete finishes Original estimated value of contract Total work done, Estimate Number 2 (Final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated January 11, 1984 Final release of holdback $ 39,360.00 39,360.00 Nil 33,456.00 $ 5,904.00 5. Contract CCI #19C -'Garden Entrance Apex Machine Works Limited Supply and installation of miscellaneous metals Original estimated value of,contract Total work done, Estimate Number 2 (Final) Retention Payments previously approved, Progress Estimate Number 2, dated January 11, 1984 Final holdback release $ 7,600.00 7,600.00 Nil . $ 1,140.00 Question being taken, the motion' was~carried. .1 On motion of Councillor Knibb T Seconded by Councillor Flewwelling RESOLVED that. the letter from the City Manager regarding the request of The Standard Life Assurance Company to install a sign on the Chesley Place building, which was considered by Council at its December 19, 1983 meeting, recommending that the proposed Standard Life'sign for Chesley Place be approved, and further that approval be given to replacing other generic signs with tenant signs in this location, subject to the same criteria as existing signs for size and style -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a copy of a report prepared by the Deputy Commissioner of Community Planning with respect to exterior signs at Market Square, and recommending (1) that all existing exterior signs at Market Square, which identify the project, tenants and uses within the Central Building Complex, the Historical Properties and "The Tug", be approved; (2) that all future exterior signs related to the Historic Properties along North Market Wharf and "The T~" ));,e, permitted on the basis of "B-3" zoning and all other businesses or uses located -t in the Central ~~~ii' Complex be permitted on the basis of "SC" zoning; (3) that all other exterior signagefor the uncompleted components of Market Square be approved by Common Council pursuant to the Council resolution related to the re-zoning of the property; and (4) that The Rocca Group oe adviseQ of the foregoing -- be received and filed and the recommendation adopted. .... ~2~ ., A brief discussion ensued during which time Mr. Winch, replying to a query of the Mayor as to whether an application has been submitted with respect to the approximate 50 signs already in place, expressed the understanding that an application has now been received. (Councillor A. Vincent entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager referring to Council's resolution of July 4, 1983 which authorized an application to amend the North End Urban Renewal Scheme Agreement, which was entered into on November 28, 1968 and subsequently amended on October 14, 1980, advising that this application has now been approved by both Canada Mortgage and Housing Corporation and the New Brunswick Housing Corporation, which means that additional contri- butions of $2,591,795.00 and $941,000.00 are being received from CMHC and NBHC, respectively, such increased funding to provide for the full cost-sharing of the on-site City Centre Improvements, the Dock Street Retaining Wall, as well as funding on professional services, pre-agreement costs and operating costs for The Market Square Corporation as shown on Schedule "A" of the submitted Agree- ment; also advising that CMHC has approved a new loan to the City of Saint John in the amount of $1,136,718.00 at an interest rate of 12~ and an amortization period of 15 years, however, because of a difference in the method of calculation, the amount approved for the loan is less than that applied for and the City may not t~e up the loan offer, and recommending that the Mayor and Common Clerk be authorized to execute the Second Amending Agreement to the North End Urban Renewal Agreement -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . I '1- Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager submitting . a copy of a report from the Building Inspector regarding Christmas tree lots, 17 of the total 41 lots having been rented by tender during November 1983 for the sale of Christmas trees with a revenue obtained of $1,025.00 having charged, in accordance with the present policy, a minimum of $50.00 per lot plus a $50.00 deposit on each lot~ and recommending that the' current policy regarding Christmas tree lots be continued -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the quota- tion of Norman Wade Co. Ltd., in amount of $5,595.00, Provincial tax extra, be accepted for supplying an electronic distance measuring (EDM) unit. Councillor Vaughan suggested that, in future, copies of the tender or bid advertisement should accompany such recommendations to Council. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager, dated December 22, 1983, regarding ambulance service, which was tabled at Council's meeting of January 3, 1984. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common Council resolution of February 14, 1983, with respect to 1984 ambulance rates, be rescinded, and that the proposed rates recommended by the Saint John Regional Hospital, namely $60.00 for calls in the City of Saint John, and $60.00 plus mileage at $2.00 per mile both ways for calls outside the City of Saint John, and $45.00 for interhospital transfers, be adopted, effective immediately. Discussion ensued regarding the reason for tabling the above matter at a previous Council meeting and Councillor Poley suggested that, as the 1984 budget is not yet approved, this matter should remain on the table pending same. The Mayor, noted that Deputy Mayor "Davis, who is a member of the Regional Hospital Board, was to obtain information 'respecting interhospital transfers and that he has received a reply indicating that a study will be undertaken by the Province in this regard. Deputy Mayor Davis advised that it is his understanding that a committee of consultants will visit Saint John to study the interhospital relationship that exists, or should exist, in the City and that a study of duplication of services will be made. Councillor M. Vincent questioned to what extent the services of the City's Rescue Squad are utilized and whether the above rate increase will result in increased charges to persons using the Rescue Squad rather than an ambulance. Chief Clark noted that a Rescue Squad vehicle is used when an ambulance is otherwise committed and that, until he is notified to the contrary by the City Manager's Office, the current rates will be in effect. Councillor Flewwelling suggested that the matter of staff reduction and the use of volunteers' services where possible in the City should be examined rather than increase the ambulance rates thereby penalizing persons who are ill. In response to a query of Councillor Knibb, the Mayor advised that Council should be in a position to consider the 1984 budget at its January 23, 1984 meeting and that she will be raising the matter of a budget meeting in Committee of the Whole later this date. Question being taken, the motion was carried with Councillors Flewwelling, Murray, A. Vincent and M. Vincent voting "nay". 1 . I I Read a letter from the City Manager advising that the Saint John Transit Commission and the Saint John Trade and Convention Centre are having difficulty with their present levels of working capital due to the fact that their 1984 operating budgets would normally have been approved . by this time and that the Commissioner of Finance would have discretion to advance funds to these organizations and that these organizations have requested advances against their 1984 operating budgets which they had submitted to the City in the fall of 1983. .... ,.... 2Z1 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Commis~'" ,,2' sioner of Finance be authorized to advance $45,000.00 to the Saint John Trade and Convention Centre and $100,000.00 to the Saint John Transit Commission, such payments to be considered as an advance against their 1984 operating budgets when final approval is given. Councillor A. Vincent questioned the legal propriety of the above motion whereupon the Mayor requested that, in view of Council's plans to discuss the 1984 budget during this week, the above matter be tabled for one week. 1 On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. 1 Consideration was given to third reading of a proposed Traffic By-Law amendment with respect to parking on Stanley Street, which was tabled at Council's last meeting. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with respect to parking on Stanley Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. ' . Councillor Schermerhorn expressed the understanding that the Commissioner of Engineering and Works was unable to discuss this matter with the person concerned and suggested that this matter be tabled for an additional week to allow an opportunity for such a discussion. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the above matter be laid on'the table for one week. Question being taken, the tabling motion was carried. Read report of the Committee of the Whole (as follows) 1 To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports The Committee of the Whole begs leave to 'report that it sat on Tuesday, January 3,1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That Councillor Peter Murray, Mrs. Jane L. Madsen and Mr. Douglas Campbell 'be appointed to the Saint John Port Development Commission for a term of';two years 'effective January 1, 1984. 2. That the following persons oe appointed to the Environment Committee effective January 1, 1984 for terms as noted: . Mr. Eric L. Teed Dr. George W. Bate Mr. WilliamJ. Wilson Mrs. Frances Brownell Mr. Delvan G. O'Brien Mrs. Mavis White Dr. Evan Pugh Mrs. Eileen Cullen Mr. R. J. Jeffrey Mr. John Holt one-year term one-year term one-year term one-year term two-year term two-year term three-year term three-year term three-year term three-year term ,I 3. That the following persons be appointed to the Historic Sites and Events Committee'foracterm"of;two years effective January 1, 1984: I Mr. Mike R. Brown Mr. F. Seward MacDonald Mr. Robert Cormack Mr. Peter Teed Dr. Norman Garey Mrs. Naomi Freedman Mr s. Myrna White 16 January, 1984 Saint JOhn, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent questioned who the above nominees will replace on the Port Development Commission to which the Mayor replied that Messrs. R. Alexander and F. Doiron are oeing replaced on this Commission. Question being taken, the motion was carried. .... 228 " On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting.) 1 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 1 Your Committee begs leave to report that it sat on January 9, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- :! 1. That the request of New Lease Inc. for a grant in the amount of $487.50, representing rent for January, February and March 1984 at the City-owned building at 55 Canterbury Street, be granted. 2. That the request of the Golden Glove Amateur Boxing Club for a grant in the amount of $2,196.00, representing rent at a rate of $183.00 per month for the year 1984 at the City-owned building at 47 Princess Street, be granted. . 3. That with regard to the request of Mr. Robert Chenier to purchase property between his property at 12 Webster Street and the said street, Common Council approve the following recommendations of the City Manager:- (1) that Mr. Chenier be offered the City-owned land between his property and Webster Street for the price of $500.00 and that Mr. Chenier be responsible for all survey, sub-~. division and other expenses required to complete the transaction; and (2) that the two adjoining owners be contacted to determine if either is interested in the land between their properties and the said street. 4. That as recommended by the Nominating Committee, Mr. Douglas Anderson be appointed to the Saint John Port Development Commission for a term of two years effective January 1, 1984. 5. That as recommended by the City Manager, the Legal Department be requested to prepare draft 1 legislation for Council's consideration to provide for the establishment of a commission to operate the aquatic centre, such Commission to consist of seven members appointed by Common Council for terms of one, two and three years, and to include (1) one member of Common Council; (2) the Director of Recreation and Parks; (3) one member of the Board of School Trustees of District Number 20, or its appointee; and (4) the President of the New Brunswick Protestant Orphans' Home or his appointee and that ,the Mayor and City Manager be ex-officio members of the Commission: AND FURTHER that in the interim, Council appoint a Steering Committee to act as an interim management committee until the Commission is in place: AND FURTHER that staff be authorized to prepare a job description for the position of General Manager of the aquatic centre, and to initiate national advertising for applicants. 16 January, 1984 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Councillor A. Vincent questioned who Mr. Anderson is replacing on the Port Development Commission and the Mayor replied that she believes Councillor A. Vincent is being replaced. . ~ II""" 229 Question being taken, the motion was carried with Councillor A. Vincent voti1)g "nay". . Councillor A. Vincent suggested that, as a matter of courtesy, Council should be advised the persons being replaced on committees, etc. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. I Councillor Vaughan expressed the understanding that, when the above matter was discussed in Committee of the Whole, it was agreed that the job description for the position of General Manager of the aquatic centre was to be prepared by staff and submitted to the Steering Committee for approval prior to advertising and that the Commissioner of Finance is to be an ex officio member of the'Commission. Deputy Mayor Davis suggested that it should be indicated that the Mayor, City Manager and Commissioner of Finance are to be ex officio and non-voting members of the Commission. Moved in amendment by Councillor Vaughan I Seconded by Councillor Flewwelling RESOLVED that the above motion be amended to indicate that the job description for the position of General Manager of the aquatic centre will be prepared by staff and referred to the Steering Committee for approval prior to advertising, that the Commissioner of Finance will be an ex officio and non-voting member of the Commission, and that the Mayor and City Manager be non-voting members of the said Commission. Question being taken, the amendment to the motion was carried. . During ensuing discussion the composition of the interim Steering Committee and whether or not the members who serve thereon will subsequently sit on the Commission was discussed and Councillor ,Murray expressed the opinion, with which Councillor A. Vincent concurred, that two Council members should sit on the interim Steering Committee as it is imperative for Council to be fully aware of matters regarding this proposal. (Councillor Gould re-entered the meeting during the foregoing discussion.) Question being taken, the motion, as amended, was carried with Councillors Murray, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the portion of the subdivision plan of James and Dianne Whittaker, Sandy Point Road, which will form part of the North-South Arterial. 1 - Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the memorandum from the Cities of New Brunswick Association requesting submission of resolutions the City wishes to ,present at the general meeting of the' said Association, which will be held in' Saint John on February 17 and 18, 1984 -- be received and filed and the reqeust therein be duly noted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from Mr. Leonard Duffy regarding the possible purchase of property off Summit Drive on which he proposes to place a storage building and plant a garden -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. Read a letter from Saint John Heritage Trust Inc. informing Council of its intention to pursue the matter of having the properties located at 1, 5 and 13 Prince William Street designated as a preservation area. J A motion was proposed that the Preservation Review Board be requested to prepare the prelimina~y draft of the information necessary for such a designation, however during ensuing discussion Mr. McDermott advised that he would prefer not to have this area designated as suggested at this time in view of the fact that the City must first construct the parking lot at the rear of same. The Mayor suggested that this matter be referred to the City Manager for discussion with the above group and the Preservation Review Board and submit a recommendation to Council for its consideration. On motion of Councillor Schermerhorn I" Seconded by Counci110r Knibb RESOLVED that the letter from Saint John Heritage Trust Inc. advising of its ,intention to pursue the matter of having the properties located at 1, 5 and 13 Prince William Street designated as a preservation area -- be referred to the City Manager for discussion with Saint John Heritage Trust Inc. and the Preservation Review Board and report to Council. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. .... 230 " Councillor A. Vincent re-iterated his request made at the last meeting of Council for a report from staff with respect to parking in the area of the City Market. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". . ~A1c~Yl~JM At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of January, A.D. 1984, at 7:00 o'clock p.m. I present Elsie E. Wayne, Mayor Councillors Davis, ,Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - 1 Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner o~ Engineer~ng; M. Zides, Commissioner of Community Planning and Development; W. Todd, Executive Director of Housing; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; J. Gallagher, Chief Accountant; B. Belyea, Budget Officer; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations, and Miss M. Conley, Administrative Assistant to the Mayor. . Reverend H. Arthur Murray, Rector of Glenview United Church, offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on January 16, 1984, be adopted. Question being taken, the motion was carried. 1 Her Worship the Mayor referred to a recent article in the local newspaper regarding Mr. Earle W. H. Wood, Superintendent of School District 20, Saint John, who has been named one of the 100 best school managers in North America by Executive Educator 100, which is a magazine for school professionals, Mr. Wood having been the only Canadian educator on the list considered by an independ- ent panel of experts in school administration. The Mayor noted that the criteria for this honour included competence, effectiveness in maintaining and improving academic achievement of students, especially in difficult circumstances, as well as success in conceiving and implementing cirriculum innovations and improvements and success in development professional competence of staff, and suggested that Common Council should forward a congratulatory letter to Mr. Wood in ,this regard. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that a letter of congratulations be forwarded to , Mr. Earle W. H. Wood on being named one of the 100 best school managers in North America. . Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Lt. Col. Stanley D. Rhodenizer and members of his family, and noted that Lt. Col. Rhodenizer was appointed Commandant of the New Bruns- wick and Prince Edward Island Division, Canadian Corps of Commissionaires in 1966, at which time there were approximately 250 men, and continued in this capacity for eighteen years, to the present time with the strength of this Corps having reached 970 men and women, and expressed the opinion that Lt. Col. Rhodenizer's retirement from the Corps in March of 1984 will be a great loss and he I will be greatly missed by all his friends and associates. The Mayor presented to Lt. Col. Rhodenizer an Honour Certificate in appreciation of the valuable services rendered by him. (The Mayor withdrew from the Council Chamber whereupon Deputy Mayor Davis assumed the chair.) The Common Clerk advised that the necessary advertising was completed regarding the proposed closing of Reserved Street and that no written objections were received in this regard. No person was present to speak either against or in favour of the proposed street closing. On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing Reserved Street, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City of Saint John". Question being taken, the motion was carried. . ~ II""" 22ciil On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City of Saint John", with respect to closing Reserved Street, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". . Question being taken, the motion was carried. 1 (The Mayor re-entered the meeting and assumed the Chair.) . Read a letter from the City Manager submitting the Revenue and Expenditure Estimates for 1984, with comparisons for 1982 and 1983, for the General Fund Budget, advising that the City has been faced with partic- ularly difficult circumstances in attempting to arrive at an Operating Budget for 1984 for the following reasons:- (1) the Province's freezing of the Unconditional Grant, which provided 42.6% of the total City revenues in 1983, means that any increase at all in the City budget has to be met entirely by an increase in the municipal tax rate, therefore cuts have had to be made in City programs and services to minimize the amount of additional funds required from the tax rate, (2) the decision by the Province to discontinue compen- sation to the City for its lost revenue from the 1983 changes in the Property Tax Act, which it recognized by way of a Special Grant in 1983 of $1,180,000.00, has had a serious effect on City revenues, (3) for the first time in 1984, the City has had to budget for the full year operating costs of its share in Market Square, and as well the loss on the actual operations of the Trade and Convention Centre and increased costs of the new Library space has to be borne by the City, which represent a budgetary increase of $1.2 million over 1983, and (4) Council has been concerned that an excessive increase in the tax rate would be unreasonable in light of current economic difficulties; however; in view of the above factors, a gross budget that has increased by only 4.9% and a tax rate that has increased by 8.8% compares favourably with other Provincial municipalities. The letter also advises that departmental services have had to be cut back in order to balance the budget, with the Engineering and Works Department, as usual, bearing the brunt of the budget cuts with a reduction on asphalt purchases to the lowest level in more than ten years, which is compounding the current problems on City streets, as well as reductions in areas such as equipment hire and manpower which may likewise severely reduce the effectiveness of the subject department to respond to winter snow conditions and other priorities, and also that the programs of the Recreation and Parks Department have been scaled down and in many City departments, vacancies are not being filled, temporary hirings are being reduced, services are being curtailed and expenditures not immediately necessary are being postponed, however Police and Fire services are being maintained at present levels in recognition of their importance to the safety and security of the citizens. The letter further advises that the total of all departmental budgets has been held to an increase of only 1.7% over 1983, in spite of the 6.76% wage increase provided for in the working agreements with Civic unions for 1984 and the inflationary increase in almost every other expense and, with the exception of Engineering and Works, local taxpayers should not experience substantial reductions in service in anyone area. With respect to Grants, the letter states that social conditions are such that many organizations requesting grants from the City are finding excessive demands upon their limited resources, however the City has even more limited resources so that the amounts included for grants in this budget have actually decreased in real dollars from 1983 and whether it be athletic teams, social development organizations or promotional groups, the City's involvement has to be kept at a minimum. The letter also states that, as anticipated, Fiscal Services have increased by $900,945.00 or 10.4% largely due to the major capital expenditures incurred for the City's share of Market Square, City Centre Improvements and the Canada Summer Games and, with respect to the Non Tax Revenue, although there are modest increases forecast in most sources of non tax revenue, they were not enough to offset the decreases in the conditional grants of $91,900.00, the utility fund charges of $98,000.00 and the surplus carried forward from the second proceeding year of $239,928.00. The letter also advises that the Unconditional Grant is $24,659,346.00, which represents an increase of $99,836.00 or 0.4% from 1983 and, under Tax Denominator, Warrant and Tax Rate, further advises that for 1984 the warrant, which is the amount to be raised by municipal property taxes and is determined by subtracting the Unconditional Grant from the Net Budget, will be $30,254,285.00 which is an increase of $3,987,303.00 or 15% over 1983; the tax rate denominator, which is determined by summing the total of property assessments within the City and applying certain factors on non-residential classifications, has increased by $109,879,177.00 or 5.8%, such increase being due both to new construction and to a general increase in property assessments, and that a 1984 tax rate of $1.5189 per $100.00 assessment, which is yielded by dividing the warrant by the tax denominator, represents an increase of $0.1232 or 8.8% from 1983. The letter recommends that the Budgets, Warrant and Tax Rate, as covered in the submitted resolutions be adopted. 1 1 . On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the amount of $60,479,475.00 be adopted as the estimate required for the operation of the City of Saint John for the year 1984 as follows:- ,I General Government Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation and Cultural Services Fiscal Services $ 4,501,655.00 19,772,400.00 16,215,200.00 1,218,200.00 4,038,450.00 5,208,025.00 9,525,545.00 $60,479,475.00 I - a more detailed breakdown of the above estimate is attached and forms a part of these minutes. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the amount of $5,565,844.00 be adopted as the estimate for Non Tax Revenue for the year 1984, a more detailed breakdown of this estimate is attached and forms a part of these minutes. . ~uestton l;>eing taken, the motion was carried with Councillor A. Vincent voting "nay". ... :p, d-. 2-2-41 ., On motion of Councillor Schermerhorn be incorporated into the 1984 Budget. Seconded by Councillor Knibb . RESOLVED that the Provincial Unconditional Grant of $24,659,346.00 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1984 be adopted, in the amount of $30,254,285.00. Question being taken, the motion was carried. qn motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the rate at which the amounts comprising the above estimates is to be levied be fixed at $1.5189 on each $100.00 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of the City of Saint John. Her Worship the Mayor read from a prepared statement and noted that the changes in the Provincial budget and the Property Assessment Act, as referred to above, added approximately $.17 to the tax rate, with the operating costs and fiscal services of Market Square adding a further large, amount to same, which would have created an unacceptable level for the 1984 tax rate had Council not made such firm decisions. The Mayor referred to the increased ambulance rates, the decrease in the Transit Commission's budget which resulted in an increase in bus fares, and the increase in voluntary parking penalties; and expressed the opinion that these were necessary in order to reach an acceptable tax rate for the citizens of Saint John. The Mayor advised that The Market Square Corporation has engaged Woods Gordon, a consulting firm, to assist in negotiating operating costs of Market Square in an attempt to bring them more in line with the industry standards and subsequently assist in ensuring the success of this development. The Mayor also advised that Council will be reviewing other areas in an attempt to adjust the operating costs of other City departments to make available funds for the Works Department in the future. Her Worship the Mayor referred to the matter of grants and advised that this will be examined with a view to reducing and/or eliminating certain annual grants in the future, however such organizations will be notified and meetings will be held with the United Way and the Provincial Minister of Social Services to discuss such cut backs prior to the 1985 budget process commences. Her Worship 'the Mayor thanked Council and staff members concerned for their efforts in the preparation of the 1984 budget, as well as The Honourable Y. Poitras, Provincial Minister of Municipal Affairs, for permitting the City to bring in a budget almost two months late. The Mayor advised that, as a result of discussions with other levels of government, the cost-sharing of the 1984 net operating costs of Market Square has been adjusted to the benefit of the City and that discussions are con- tinuing to complete such negotiations, and she noted that such assistance is not being provided by or through the Department of Municipal Affairs by way of a grant. The Mayor alluded to a radio report respecting Council's budget meeting on January 21, 1984 and expressed her intent to approach the Minister of Municipal Affairs with regard to matters of this nature being reported from a budget meeting or Legal Session to the media as, in her opinion, actions of this nature are not in the best interests of the citizens of Saint John. Councillor Knibb expressed concern that the negotiated wages for the union personnel are in excess of the cost of living increase as reported by the Federal Government and re-iterated his opinion that, as a substantial portion of the fiscal service charges, such as those attributable to Market Square, the'Library and the Canada Summer Games, which not only residents of the City but persons in the surrounding areas as well will derive benefit from, the Province should be directed toward the creation of some general tax base for the whole of the southern New Brunswick area to assist in services of this nature. The Mayor, replying to a request of Councillor A. Vincent, confirmed that Market Square generates in excess of $1 million a year revenue and that the Province receives in excess of $2 million yearly with respect to taxes from this development. Councillor A. Vincent expressed opposition to the proposed 1984 budget on the basis that, in his opinion, it will prove more costly in the long term to maintain streets which have not been serviced properly during 1984. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read a letter from the City Manager submitting a copy of a report from the Commissioner of Finance regarding the 1984 Operating Budget of the Water and Sewerage Utility and recommending approval ofJ,sarrie ;by_, ;the adoption of the three submitted resolutions. I 1 . 1 . On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that the estimates of revenue for the Water and Sewerage Utility for the year 1984 in the amount of $11,496,400.00 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould I RESOLVED that the estimate of expenditures for the Water and , Sewerage Utility for the year 1984 in the amount of $11,513,400.00 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the Water and Sewerage By-Law rates not be changed for the year 1984. . ~ II"'" ~ .~. '''~ ~ '.9>j?;;P . I 1 . 1 . ,I 1 . lIro... Councillor A. Vincent expressed the oplnlon that all citizens should be treated equally with respect to water arrears and he requested that appropriate action be taken with respect to the collection of the subject account which is in arrears in excess of $100,000.0. The Mayor advised that the City Solicitor will be reporting to Council on this matter in two weeks' time. Mr. Wilson, at the request of Councillor Knibb, explained that the City attempts to maintain a balanced budget over a three-year period with respect to the Water and Sewerage Utility and, although the 1984 budget indicates a minimal deficit, the year is commencing with a surplus composed of a surplus at the beginning of 1983 and an anticipated real surplus for 19,33. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding -appropriations for grants and transfers for the year 1984 in the total amount of $6,296,680.00. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the following grants and transfers for which appropriation has been made in the 1984 budget be approved, the payment of which shall be by instalment or otherwise, at the discretion of the Commissioner of Finance, during 1984:- Health Organizations Victorian Order of Nurses $ 4,000.00 Welfare Organizations Canadian National Institute for the Blind Salvation Army Family Services of Saint John Inc. Canadian Red Cross Saint John Human Development Council Volunteer Centre Inc. 1,200.00 2,000.00 12,000.00 8,000.00 19,955.00 2,900.00 Educational Institutions University of New Brunswick in Saint John 50,000.00 Recreation and Cultural Organizations Lord Beaverbrook Rink Saint John Horticultural Association New Brunswick Museum Saint John Regional Library Cherry Brook Zoo Clock Upkeep Senior Citizens' Housing Young Women's Christian Association Saint John Boys and Girls Club Young Men's Christian Association New Brunswick Historical Society Loyalist Days Inc. National Youth Orchestra Senior Citizens - re transit New Brunswick Youth Orchestra Senior Citizens Centre Recreation Grants - Out of Town Tournaments Recreation Grants - Local Tournaments Grants, Not Specified 70,000.00 70,000.00 44,500.00 457,700.00 75,000.00 625.00 15,500.00 5,500.00 80,100.00 21,000.00 1,000.00 55,000.00 200.00 50,000.00 800.00 9,500.00 6,000.00 6,000.00 14,000.00 Other Transfers Ambulance Services Animal and Pest Control Market Square Parking Parking Commission Saint John Transit Commission Market Square Corporation re: administration Fundy Region Development Saint John Trade & Convention Centre Saint John Bicentennial Committee Inc. 205,000.00 115,000.00 1,298,800.00 268,900.00 1,715,100.00 225,000.00 65,000.00 1,129,400.00 192,000.00 Question being taken, the motion was carried with Councillor A. Vincent voting "nay'!. Mrs. Joan Godwin of Lakewood appeared before Council on behalf of the Outside Rate Payers Association and advised that this Association is seeking a change in the policy that was adopted in May of 1969 with respect to the system of taxation and requested that Common Council adopt a three-zone system of taxation and to rescind the last policy in this regard of 1980, or at least to vote on same in open session of Council to determine whether or not such policy should be in effect. Mrs. Godwin expressed the opinion that, in view of the amount of services, particularly those concerned with construction and rebuilding of roads and fire protection, the current t,axation system in the outer zones is severe, and she presented the following three alternatives to Council for consideration:- (1) the system to remain as it is; (2) return to the zone system or a compromise system, commencing in 1984; or (3) reduce taxes by 10 per cent, or to 90 per cent, in the outer area in 1984, to 80 per cent in 1985, and to 70 per cent in 1986 and to remain at the latter rate until reasonable road work and services are extended. Mrs. Godwin noted that Mr. Douglas Richards is present at this meeting to respond to Council queries in this regard. Councillor Vaughan ,expressed the understanding that residents of the outer areas enjoy a lesser property tax assessment than those who reside in the same type of structure in the City proper for the reason that the former residents do not have full services provided to them. Mr. Richards expressed the opinion that it is unfair that residents in the outer areas of the City are not receiving services and he requested the opportunity to meet with Council and discuss this matter further. Deputy Mayor Davis expressed the opinion that, if there is a change made in the taxation system, an overall change would be required in order to establish a number of zones in relationship to the services such zones receive. Councillor Knibb expressed opposition to grouping residents into different zones and suggested that, although to discuss this matter with those concerned could be considered, Council should not encourage these persons to believe that the, City will be restructured insofar as tax zones are concerned. The Mayor suggested that it might be feasible to include representatives of the Provincial tax assessors at any meeting of the above group and Council and she thanked Mrs. Godwin and Mr. Richards for their presentation and advised that Council will render a decision on this matter later in this meeting. 53~ " .., (Councillor Gould withdrew from the meeting.) Notice had been sent to Harold A. Young and Melita Young, Mortgagors of the Renewable Term for Years, and City Development Corporation Limited, Mortgagee of the Renewable Term for Years, to appear at this meeting to show cause, if any, why the building located at 186 Rockland Road (L.R.I.S. Number 31575), in the City and County of Saint John, should' not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and stated that part of the second floor has been removed from this two-storey woodframe building, it is structurally dangerous and currently open to the public, and is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. . On motion of Councillor Knibb 1 Seconded by Councillor Flewwelling RESOLVED that notice having been given to Harold A. Young and Melita Young, Mortgagors of the Renewable Term for Years, and City Development Corporation, Mortgagee of the Renewable Term for Years, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 186 Rockland Road (L.R.I.S. Number 31575), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 186 Rockland Road, in the said City, to be dilapidated and dangerous: 1 AND BE IT FURTHER RESOLVED that the said Harold A. Young and Melita Young, Mortgagors of the Renewable Term for Years, and City Development Corporation Limited, Mortgagee of the Renewable Term for Years, are hereby required to remove or destroy the said building situate at civic number 186 Rockland Road, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Harold A. Young and Melita Young, Mortgagors of the Renewable Term for Years, and City Development Corporation Limited, Mortgagee of . the Renewable Term for Years, to remove or destroy the said building situate at 186 Rockland Road, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Harold A. Young and Melita Young, Mortgagors of the, Renewable Term for Years, and City Development Corporation Limited, Mortgagee of the Renewable Term for Years. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) Read a letter from Mayor Wayne advising that it has been brought tO,her attention, that the City has had problems in the past month with at least two public tenders and that, most recently, a tender opening was postponed because an addendum had not gone forward, and also that on some occasions 1 the terms and conditions of the tender calls appear to change after being advertised in the newspaper. The',letter requests permission to appoint a committee to review the City's present tendering procedures , to determine if there are any areas to be improved upon and report to Council. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the Mayor be authorized to appoint a committee to review the City's present tendering procedures to determine if there are any areas to be improved upon, and report to Council. Councillor M. Vincent questioned the intent of the Mayor insofar as to who will serve on the above committee to which the Mayor replied that it is her intent to appoint a committee of citizens who are familiar with tendering procedures and that she has complied with the City Manager's request that he also sit on such committee. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne noting that, in August 22, 1982, she placed an item on the agenda of Common Council pertaining to parking for the physically handicapped and how citizens who are not physically handicapped park in the designated areas; also noting that a letter was received from The Honourable W. G. Bishop agreeing to look into I the possibility of special license plates for the physically handicapped; expressing the understanding _ that no action has taken place and the abuse of areas designated for parking of the handicapped is _ still occurring, and recommending that this matter be referred to the City Manager, Chief of Police and appropriate staff for the drafting of a by-law enforcing proper use of such designated areas -- be received and filed and the recommendation adopted and further that discussions with the Province continue with respect to the possibility of a special license plate for the physically handicapped. Question being taken, the motion was carried. Consideration was given to a letter from the Councillor Schermerhorn regarding several mechanical failures which have rendered the Police garage door at the City Hall building inoperative, this matter having been a subject of discussion during recent Local 61 Labour-Management committee meetings, a committee on which ,he and Councillor Poley sit, urging correction of this situation before someone is bodily injured, and advising that the recommendation has been made by a contractor that a lighter-weight, aluminum door be installed complete with electronic beam for greater security. I On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the City Manager be authorized to negotiate with . the landlord of the City Hall building to have a lighter weight door installed on the Police garage in the said building and that the City Manager be otherwise authorized to take the necessary corrective action. Question being taken, the motion was carried. ... JI"'" JZ:a5 . 1 1 . 1 . 1 1 . lo.. Read a letter from Councillor Albert A. Vincent regardlng appolntmen s 0 e Development Commission, expressing disappointment on learning that.his name was removed as a and expressing the opinion that he should have been given the consideration of being advised with the appointment of a new commissioner to replace him on this Commission. or of same removal Councillor A. Vincent served notice that, when the Nominating Committee is considering appointments to the Saint John Housing Commission and First L.D.H. Ltd., he wishes to continue to serve on same. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the above letter from Councillor A. Vincent be received and filed, and that Council express its appreciation to Councillor A. Vincent for his service on the Saint John Port Development Commission and extend to him an apology for the oversight in removing him from same without prior notification. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the fo~ payment of the following construction progress certificate, namely:- City Manager, authority be granted L Concrete Work - 1983 Maritime Formless Ltd. Concrete curb and sidewalk reconstruction Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated January 19, 1984 Final holdback release $169,552.00 148,888.03 Nil 126,554.83 $ 22,333.20 Councillor Flewwelling questioned to what the Common Council resolution of December 17, 1979, referred to in the above documentation, is referring to which the City Manager replied that such resolution is basically an authorization for staff to present to Council only the final progress payment for approval. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- L Contract CCI #12 - Dock Street Bridge and Link To City Hall Richard & B. A. Ryan (Atlantic) Limited Construction of pedestrian bridge and building connecting City Hall to Central Building COmPles Original estimated value of contract Total work done, Estimate Number 9 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 9, dated January 20, 1984 Release of holdback. $1,353.450.00 1,423,929.28 Nil 1,161,579.02 $ 262,350.26 In reply to a query of the Mayor, Mr. McDermott confirmed that the City's expenditure insofar as extras in the total amount of $70,479.28 on the above project are concerned, is that the City is responsible for $43,628.18 of same with Rocca to assume responsibility of the $26,851.10 balance. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, bids for the supply of flower bulbs, bushes and plants for the City's parks and squares in 1984 be awarded in accordance with the recommendations contained in the submitted bid summary. Councillor Flewwelling suggested that consideration should be given to using, where possible, the flower bulbs from year to year rather than dispose of same and order new bulbs yearly. Mr. McDermott agreed to look into this matter and report to Council. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of take-out meals to City work crews engaged in overtime work be awarded to Tony's Restaurant as follows:- hot meals, including beverage, in the amount of $4.00 each; cold sandwiches, including beverage, in the amount of $2.65 each; coffee, in the amount of $.50 each, and donuts, in the amount of $.45 each. Councillor M. Vincent noted that the documentation submitted with the above tender report indicates that two other restaurants are offering lower prices for cold sandwi~hes and questioned whether this tender is being recommended for approval on the best overall price of the meals concerned to which Mr. Robichaud explained the reason for the above recommendation. Councillor A. Vincent questioned why meals should be supplied to Local 18 workers and he suggested that this matter should be reviewed during the next negotiations with this Union in an attempt to allot a certain amount of funds for such purpose thereby allowing them to obtain their own meals. 236 ., Question being taken, the motion was carried with Councillor M. Vincent votin "nay". On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the following firms be awarded contracts for the provision of appliances, as indicated in the submitted bid summary, for the Harbourside Apartments:- ranges: C. A. Munro Limited, in the tendered amount of $26,108.20, plus tax; refrigerators: A & M Appliance Service Lt., in the tendered amount of $36,402.55, plus tax; and range hoods: Sumner Company, Limited, in the tendered amount of $2,249.40, plus tax; and further thatn, since separate awards are being made for each appliance type, the bid security be reduced from $5,000.00 to 10% of the tendered amount. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, tenders for the printing of tourist literature for the year 1984 be awarded in accordance with the recommendations contained in the submitted bid summary. (Councillor M. Vincent withdrew from the meeting.) 1 Question being 'taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the City lease to Young Associates, being a registered company, approximately 606 square feet of space on the ground level at 114 Prince William Street under the following terms:- (1) the lease to be for a three-year term from January 1, 1984; (2) the mohthly rentals, payable in advance, to be as follows: 1984 - $200.00, . 1985 - $240.00, and 1986 - $285.00; (3) an escalation clause to be included to cover any increase in expenses over the 1982 total of $37,878.09 with the lessee's portion to be derived by applying the ratio of the space occupied, being 606 square feet, to the total rentable space in the building, being 24,209 square feet; (4) the City to supply heat for the premises and to maintain the exterior of the building; (5) the tenant to be responsible for maintenance of the leased area, including cleaning, decorating, garbage removal, electricity, window cleaning and minor repairs requested because of some action on his part; (6) the tenant to, as much as possible, remove the snow and ice from the sidewalk in front of his office; and (7) the washroom located at the rear of the office space to be used jointly with the staff of the adjoining premises presently occupied by Doug's Roast Beef Limited, and the maintenance and supply of materials for the washroom to be the responsibility of Doug's Roast Beef Limited. Councillor Flewwelling questioned the amount of the cost involved to heat the above building to which Mr. Adams replied that to the best of his recollection the total expenses for the subject 1 building are approximately $1.61 per square feet. Councillor A. Vincent requested assurance that the joint use of the washroom facilities with Dong's Roast Beef Limited is in compliance with the Department . of Health regulations to which Mr. Adams replied that he has been assured that the matter of the staff of the subject companies sharing these facilities has been approved by the Board of Health. The Mayor suggested that a tabling motion could be in order. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week pending review of section (7) above. Question being taken, the tabling motion was lost, with the Mayor and Councillors Davis, Gould, Knibb and Schermerhorn voting "nay". . Question being taken, the original motion was carried with Councillors Flewwelling, Poley and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the City lease to Milton Sherwood, doing business under the name Kopy Kats, approximately 975 s~uare feet of space on the ground level at 110 Prince William Street under the following terms:- (1) the lease to be for a three-year term from January 1, 1984; (2) the monthly rentals, payable in advance, to be as follows: 1984 - $300.00, 1985 - $380.00, and 1986 - $460.00; (3) an escalation to be included to cover any increases in expenses over the 1982 total of $37,878.09 with the lessee's portion to be found by applying the ratio of the,:space rented, being 975 square feet, to the total rentable space in the building, being 24,029 square feet; the City to supply heat for the premises and to maintain the exterior of the building; (5) the tenant to be responsible for maintenance of the leased area, includ- ing cleaning, decorating, garbage removal, window cleaning, electricity and minor repairs re~uired because of some action on his part, and (6) the tenant to, as much as possible, remove the snow and ice from the sidewalk in front of his store. 1- Question being taken, the motion was carried. I, On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager referring to a report on encroachments on City property in the Glengarry Drive area, which was considered by Council at its meeting of November 28, 1983, and recommending that the City lease to Mr. Lloyd Hosford, 3,600 square feet of land to the rear of 57 Glengarry Drive under the following terms:- (1) the yearly rent to be $50.00 payable in advance; (2) date of the lease to be January 1, 1984; (3) the length of the lease to be 1 year, renewable for a further term of one year and thereafter from year to year until notice of termin- . ation is given by either party at which time the rent for the year to be pro-rated to reflect the termination; and (5) if the lease is terminated, any structures to be removed at the lessee's expense. .llIIl r" ~~1 . 1 1 . 1 . I 1 . .... Councillor Gould suggested that the proposed lease should include a clause which protects the City with respect to any claim Mr. Hosford may make should he improve the subject property insofar as sodding, filling, retaining wall, etc. are concerned. Mr. Rodgers suggested that such a provisions could be included in the lease prior to execution of same whereupon Councillor Gould suggested that this matter be tabled for one week pending clarification of this matter. Mr. Rodgers expressed the opinion that Council's approval of the above motion subject to the inclusion of such provisions in the subject lease would guarantee that this is done. Councillor A. Vincent suggested that the property in question should be offered for sale to Mr. Hosford on the condition that it would be resold to the City should a use for same arise. Mr. McDermott expressed the understanding that the person in question is not interested in purchasing this property, however he agreed to look into this matter again. On motion of Councillor A. Vincent Seconded by Councillor Poley RESOLVED that the ab~e matter be laid on the table and that the subject property be offered to Mr. Lloyd Hosford for its assessed value. Question being taken, the tabling motion was lost with the Mayor and Councillors Dvais, Gould, Knibb, Schermerhorn and Vaughan voting "nay". Question being taken, the original motion was carried with Councillors Flewwelling and A. Vincent voting "nayH. (Councillor Schermerhorn withdrew from the meeting.) Read a letter from the City Manager regarding the land exchange, authorized by Common Council on October 11, 1983, between the City and Irving Oil Limited, advising that the said company has requested that a petition be presented to the New Brunswick Legislature seeking to remove all restrictions placed by previous legislation on the use of the subject parcel of City-owned land at the corner of Mount Pleasant Avenue and Arrow Walk Road, and that the Saint John Horticultural Association join in the petition, the latter group being amenable to such an arrangement providing any costs incurred by this Association would be borne by the City; also advising that Irving Oil Limited will proceed with the land exchange, should such a petition be undertaken, recognizing that the outcome of the petition cannot be guaranteed, and recommending adoption of the submitted resolution, which was prepared by the Legal Department. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the following resolution be adopted, namely:- "WHEREAS the Saint John Horticultural Association conveyed lands to the City of Saint John in 1967 for their development for public use pursuant to the provisions of various private statutes dealing with the Saint John Horticultural Association: AND WHEREAS the City of Saint John has agreed to convey a portion of the said lands to Irving Oil Limited: AND WHEREAS the City of Saint John and Irving Oil Limited wish to have removed the limitations imposed by the said private statutes upon the use of the lands to be conveyed to Irving Oil Limited: NOW THEREFORE BE IT RESOLVED that the Legal Department be authorized to take the necessary steps to Petition His Honour the Lieutenant Governor and the Legislative Assembly of the Provice of New Brunswick on behalf of the City of Saint John and the Saint John Horticultural Association to pass an Act relieving the City-owned land in question located at the corner of Mount Pleasant Avenue and Arrow Walk Road from all iiens or charges thereon and also from all restrictions upon use which may have been imposed by private statutes affecting the Saint John Horticultural Association: AND FURTHER BE IT RESOLVED that should Irving Oil Limited decide to present the Petition in question itself, that the City shall actively support the Petition and pay the costs of such Petition including the legal costs incurred by the Company in doing so.". During ensuing discussion, Mr. Rodgers noted that Council was advised previously that above company might wish legislation to clear up any doubts with respect to the title of the subject property and that the petition will be presented to the Legislature in the spring of 1984, however in the meantime Irving Oil Limited is willing to complete the land exchange in order to avoid delay in the construction of the Church Avenue Overpass. Councillor Poley expressed concern that, as indicated in the above letter, the outcome of the proposed petition cannot be guaranteed and he questioned if the land exchange will go through regardless of this. Mr. Rodgers re-iterated that the Irving group is willing to accept title to the property under the present conditons and, should the flaw in the title not be resolved through the petition, he has no indication that this company is unwilling to keep the title as is. Councillor Poley expressed concern that, in view of the time and effort expended in the preparation and submission of such petition which could result in the matter not being resolved, the land exchange may not be possible thereby hindering the construction of the overpass to which Mr. Rodgers advised that he will ensure that Council will be informed should it appear that the City may be placed in such a position. Councillor Vaughan, questioned why the City should be responsible for any legal costs incurred by Irving Oil Limited should this company decide to present the petition in question itself to which Mr. Barfoot replied that it is his understanding that it was agreed that, as the City owned the property in question, such costs would be incurred by the City. Mr. Rodgers, replying to a query of Councillor Vaughan, expressed the opinion that the only costs concerned in this respect would be with regard to advertising in The Royal Gazette and nominal costs. (Councillor M. Vincent re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Schermerhorn re-entered the meeting.) Consideration was given to a letter from the City Manager referring to Common Council resolution of December 19, 1983 which authorized the sale of the property at 25 Coburg Street to Mrs. Alice G. Keefe, advising that it was discovered, as a result of a surveyor's certificate prepared in support of Mrs. Keefe's mortgage application, that the building thereon encroaches on Coburg Street and that, in order for Mrs. Keefe to secure a first mortgage and hence to conclude the purchase from the City, it will be necessary for the City to grant an easement for the encroachment, and recommending adoption of the submitted resolution, which was prepared by the Legal Department. 238 ,., On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and in consider-, :, . ation of the payment of $1.00 to the City, the Mayor and Common Clerk be authorized to execute an easement in favour of Mrs. Alice G. Keefe to permit the encroachment of the building at civic number 25 Coburg Street upon tht street, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould 1 RESOLVED that the letter from the, City Manager regarding the public tender for motorized equipment for the Fire Department, which closed on December 14, 1983, advising that, in the interim, further budgetary reductions have had to be considered and the Fire Department has decided that it would be preferable to delay purchase of this replacement equipment rather than reduce the manpower available for firefighting, and recommending that all tenders received for the 1050 G.P.M. Pumper and the Rescue Vehicle be rejected and the tender deposits returned -- be received and ,filed and the recommendation adopted. ' On motion of Councillor Schermerhorn 1 Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Seconded by Councillor Flewwelling RESOLVED that as recommended by'the City Manager, authority be granted for payment of the invoice from the Research and Information Centre, in the amount of $5,000.00, representing the City's 1984 membership dues. The Mayor noted that she has not had a reply to an inquiry regarding whether the Cities of Fredericton and Moncton have a membership in the above Centre and that, although membership in this Centre is beneficial to smaller municipalities throughout the Province, it may be wise to review . what the other Cities in Question are planning to do in 1984. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table for one week pending receipt of the above information. Her Worship the Mayor noted that Councillor Flewwelling will be in attendance at a Provincial- Municipal Council meeting in Fredericton on January 24, 1984 and that he will obtain this information for Council's next meeting. Question being taken, the tabling motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute Pole and Anchor Agreements with the appropriate utilities as follows:- (A) with N.B. Tel and the Power Commission of the City of Saint John: (1) 7 anchors being located on Woodward Avenue between Boars Head Road and the sewage treatment plant, as shown on the submitted copy of Plan '1, 'for a price of $70.00, and (2) 2 anchors being located in the Germain Street parking lot near the Riviera Restaurant property line, as shown on the submitted copy of Plan II, for a price of $20.00; and (B) with N.B. Tel and the New Brunswick Electric Power Commission: (1) 1 anchor being located at Pole Ll approximately 71 meters along Third Lake Road from Highway 820 and being approximately 3 meters from the southerly side of Third Lake Road, as shown on the submitted copy of Plan 1, for a price of $10.00, (2) 7 anchors being located at Poles L4, L9 and LIO on the northerly side and Poles L5 and L6 on the southerly side of Third Lake Road, as shown on the submitted copy of Plan 2, for a price of $70.00, (3) 4 anchors being located at Poles Lll, L12, L13 and L14 on the northerly side of Third Lake Road, as shown on the submitted copy of Plan 3, for a price of $40.00, (4) 1 pole and 2 anchors being located at poles L18 and L19 on the southerly side and 4 anchors at Poles L15, L16, L17 and L21 on the northerly side of Third Lake Road, as shown on the submitted copy of Plan 4, for a'price of $70.00, (5) 1 pole and 4 anchors being located at Poles L22, L24, L25 and L26 on the northerly side of Third Lake Road, as shown on the submitted copy of Plan 5, for a price of $50.00, and (6) 4 anchors being located on the Upper Golden Grove Road near the intersection of Hunter's Lake Road, as shown on the submitted copy of Plan III, for a price of $40.00. . The Mayor Questioned the status of property in Kings County, as indicated on the said plans whereupon Mr. McDermott suggested that, as discussed earlier this date, the above matter should be tabled for one week. I ,- On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for Mr. McDermott advised that, to his knowledge, the property in question is not owned by the City and that it is necessary to review this matter. I one week. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding the third reading of the proposed Traffic By-Law with respect to parking restrictions on Stanley Street, . which was tabled at the last meeting of Council, advising that the Commissioner of Engineering and Works, although he has been unable to arrange a meeting with the parties concerned, will endeavour to hold a meeting within the next week -- be received and filed and the Commissioner of Engineering and Works be given another week to hold such meeting. .... JII""" ~3@ Councillor Knibb questioned the propriety of the third reading of a proposed by-law amendment being held in abeyance for a period of time to which M~. Rodgers replied that there is no restriction on the type of by-law in question and it therefore becomes a question of what is reasonable and he expressed the opinion that, at this point, Council is still within a reasonable time period. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a summary of each of the four classes of the City's insurance, namely, fire, fleet, comprehensive liability and professional errors and omissions, which shows comparisions with prior years; advising that, of the thirteen insurance companies invited to tender for the fire, fleet and liability insurance, two companies responded, and recommending that, based on the recommendations of the three brokers concerned and the Commissioner of Finance, the insurance for fire, fleet and liability be continued with Commercial Union Assurance Company of Canada, and that the insurance for errors and omissions be continued with Simcoe and Erie General Insurance Company for the year 1984 -- be received and filed and the recommendation adopted. 1 Mr. Wilson, replying to a query of Councillor M. Vincent, advised that the City has insurance coverage with respect to errors and omissions up to $1 million per claim. At the request of Councillor Knibb, Mr. Wilson briefly explained the changes in the premiums and insurance coverage between 1983 and 1984. Deputy Mayor Davis noted that there is a substantial amount of outstanding insurance claims dating back to 1976 and he questioned if there is any possibility of these claims being cleared up. Mr. Wilson noted that such claims are nothing more than provisions at the present time and that it is anticipated that same will be cleared up in time. Mr. Wilson agreed to submit a report to Council with respect to such outstanding claims. (Councillor M. Vincent withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. . (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Schermerhorn 1 Seconded by Councillor Vaughan RESOLVED that the letter from the City Solicitor regarding the feasibility of putting into effect appropriate public notification of amendments to by-laws where such notification is not now required, which was discussed at the last meeting of Council; noting that at the present time there are no public notice requirements for the enactment of by-laws in the category known as police power, the only requirement being the three readings leading up to the enactment which are designed to assure deliberation by the law makers of the proposed law, and that the legislation even goes so far as to provide that a municipal council may, at a single meeting should the council believe that an emergency exists, enact a law without delay; and expressing the opinion that, if Council adopts as a formal policy the requirement of public notification as a condition precedent to the enactment of police power by-laws, such policy could become established custom and thereby restrict its present legislative powers be received and filed. Councillor Poley expressed the understanding that the City Manager will be submitting a report on this matter particularly with respect to notification of such proposed amendments through the local newspaper. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the following legal fees in connection with the City's application to Court regarding the Lord Beaverbrook Rink:- Hanson, Hashey, in the amount of $40,865.43, representing legal counsel services; McLellan, Allaby & Holland, in the amount of $6,931.20, representing ser~ices provided representing students of the public schools in Saint John, and the payment of $1,000.00 representing the costs fixed by the Court in relation to the Board of School Trustees. I Councillor A. Vincent suggested that the above account of Hanson, Hashey should be taxed to which Mr. Rodgers confirmed that such a provision is available for taxing of such accounts before the Registrar of the Supreme Court of Canada, and added that, as he has no reason to question the hours involved by the subject firm and as it would represent an additional cost to the City, he is not recommending that this be done. Councillor A. Vincent questioned the amount of the additional cost to which Mr. Rodgers replied such costs would be approximately between $400.00 and $500.00. Mr. Rodgers noted that the law firm of Hanson, Hashey has been involved in this m~tter since February 1981 until just recently. Question being taken, the motion was carried with Councillor A. Vi,ncent voting "nay". On motion of Councillor M. Vincent I Seconded by Councillor A. Vincent RESOLVED that with regard to the presentation of the Outside Rate Payers Association respecting a zone system of taxation, representatives of this group be invited to meet with Council and members of City staff at a convenient time to discuss all aspects of this matter and a report on same be submitted to Council. Councillor Vaughan suggested that a representative of the Provincial tax assessors should also be present at the above meeting. Question being taken, the motion was carried. 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 .... .,24\@ " Your Committee begs leave to report that it sat on Monday, January 16, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, the following persons be appointed to the Power Commission ror a term of three years effective February 15, 1984: Mr. Thomas G. O'Neil, Mr. S. David Lubin and Mr. Jack Woodhouse. 2. That the request of Senior Aid and Research Inc. for a grant in the amount of $696.00, repre- senting rent at a rate of $58.00 per month for the year 1984 at the City-owned building at 55 Canterbury Street, be granted. 3. That with regard to the request of St. John Ambulance, Saint John Division, for a grant to assist in the payment of the 1983 heating costs for the old Beaconsfield Fire Hall, which this group rents from the City -- a grant in the amount of $1,500.00 be approved. January 23, 1984 Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that section 1 of the above report be adopted. Councillor A. Vincent nominated Messrs. S. Roy Kelly and Lloyd McAllister to the above Commission. Mr. Rodgers referred to Council's meeting of January 9, 1984 at which time a nomination was made in this manner and noted that, although he did not have an opportunity to advise Council at that time, there is a method, other than by secret ballot, in which CoUncil may wish to proceed at this time, that being by voting on each name individually., Councillor A. Vincent rose to a point of order based on his understanding that a' secret ballot is in order to resolve this matter as there are only three vacancies on the Commission and Council is to consider five nominees. Discussion continued regarding the proper manner in which to proceed during which time Councillor Flewwelling rose to a point of order and proposed a motion of confidence in the chair. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that Council express confidence in the chair. Question being taken, the motion was carried. Discussion continued during which time Mr. Rodgers re-iterated his opinion that Council may proceed by secret ballot or by open vote on each nominee. Councillor A. Vincent proposed a motion that this matter be tabled and the Mayor obtain a ruling from the Minister of Municipal Affairs, however this motion was not seconded. Councillor Gould questioned the status of the motion on the floor to adopt section 1 of the above report, and following further discussion during which time it was agreed that a secret ballot would be held, the said motion was withdrawn, and ballots were thereupon distributed by the Common Clerk. It was agreed to proceed with other matters of business during the counting of the said ballots by the Common Clerk and City Solicitor. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOL\~D that section 3 of the above report be adopted. Councillor Poley expressed the opinion that the above group should be granted $3,000.00 as reQuested. Question being taken, the motion was carried, with Councillor Poley voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Animal Rescue League, on behalf of the Dog Control By-Law Committee, recommending that the said By-Law be amended to provide that all dogs wear an identifying dog tag and also recommending that dog owners who claim they have a life license for a particular dog prior to 1981 be given a period to re-register such dogs, and those who do not re-register within the specified time will be deemed thereafter to have surrendered any claim to have had a life license and would be required to aCQuire an annual license for any dog they own, and submitting proposed amendments to the subject By-Law in this regard -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Better Business Bureau of New Brunswick, Inc., submitting a copy of an article concerning memo invoices and encouraging the City and its departments to make use of its services in the future -- be referred to the City Manager for communication to staff. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the letter from the Canada Day Committee advising that this Committee is continuing its operation and is formulating plans for an appropriate observance of Canada Day, July 1, 1984 and that it is hoping to relate Canada Day observance with the Province's Bicentennial observance -- be received and filed and this Committee be thanked for its efforts in this regard. . 1 1 . 1 . 1 I . ~ ~ ~Nl Question being taken, the motion was carried. . The Common Clerk advised that the following persons, listed in random order, polled the three highest number of votes in the secret ballot conducted earlier in the meeting to determine the names of three persons to be considered as nominees for appoimtment to the Power Commission:- Mr. Thomas G. O'Neil, Mr. S. David Lubin and Mr. Jack Woodhouse. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that the following persons be appointed to the Power Commission for a term of three years effective February 15, 1984: Mr. Thomas G. O'Neil, Mr. S. David Lubin and Mr. Jack Woodhouse. Question being taken, the motion was carried. Councillor Vaughan suggested that the correspondence regarding the parking garage location signs (copies of which were forwarded to Council members as an information item)should be referred to The Market Square Corporation. On motion of Councillor A. Vincent I Seconded by Councillor Flewwelling RESOLVED that the above matter be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to The Market Square . Corporation. Question being taken, the motion was carried. Councillor A. Vincent suggested that an item regarding consulting fees with respect to the City Market renovations, which was considered by Council in Committee of the Whole earlier this date, should be added to the agenda and approved for payment at this time. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the above matter be added to the agenda and considered at this time. I Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices representing consulting fees relating to the City Market renovations project:- (l)(a) Disher Steen Partnership, dated December 10, 1982, in the amount of $4,102.45, and (b) Disher Steen Partnership, dated January 26, 1983, in the amount ,of $2,116.73; (2) Eastcan Consultants Limited, Invoice #1976, in the amount of $670.93; and (3) G. F. Williamson & Assoc. Ltd., Invoice #83-267, in the amount of $3,603.00. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I ~W~~d Common Clerk At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of January, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent ~~- . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; J. Brownell, Assistant Director of Recreation; W. D. Todd, Executive Director of Housing; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations, and Miss M. Conley, Administrative Assistant to the Mayor. ~ 242 ~ Reverend David Jackson, Rector of St. Mary and St. Bartholomew's Anglican Church, offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that minutes of the meeting of ,Common Council, held ~ on January 23, 1984, be adopted. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the Champlain Heights Girl Guides, who are currently working toward their citizenship badge, and she briefly explained the meeting procedure. Her Worship the Mayor read two proclamations, one proclaiming February 1984 to be Heart Month in the City of Saint John and she encouraged all citizens to support the New Brunswick Heart Foundation in its Heart Fund Campaign, the proceeds of which will be utilized in heart research and education; the other proclaiming February 4 to 11, 1984 to be Big Brothers/Big Sisters Bowl for Millions Week in the City of Saint John, which ,is held in an effort to stimulate awareness within the community of the significance of this group to the City. The Mayor noted that the 1983 United Way Campaign of Greater Saint John succeeded in reaching 94% of its fund-raising objective, having raised $843,000.00 of its $900,000.00, and suggested that a motion is in order congratulating members of the United Way Campaign in this regard. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the members of the 1983 United Way Campaign of Greater Saint John be congratulated and thanked for their success in the 1983 fund-raising campaign. Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne noting that, although the reQuest of the Hospice of Saint John for an annual grant from the City was denied, it was the consensus of the Council members during Budget Committee that the Hospice would be given a one-time grant of $5,000.00 to assist in the initial operation of this organization, with such grant to be taken from the amount budgeted for Unspecified Grants in 1984, and recommending that Council approve a grant of $5,000.00 to the Hospice of Saint John on the above conditions -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a copy of a letter from Mrs. E. Reid with respect to efforts to obtain a crosswalk guard at the corner of Ropewalk Road and Millidge Avenue, as well as regarding a lack of snowplowing of the sidewalk between Lime Kiln Road and Ropewalk Road, advising that this matter was brought to her attention in the fall of 1983 and it would appear that no action has been taken to date in this regard and recommending that this matter be referred to the City Manager for a report and recommendation. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Flewwelling that a flashing light or sign be erected at the crosswalk in question and that other appropriate action be taken in this regard, however such motion was withdrawn following Mr. McDermott's request to report on this matter at Council's next meeting as he anticipates a staff report on this matter on January 31, 1984. (Councillor Gould entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Manager for a report at the next meeting of Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Councillor Flewwelling stating that whereas it is the City's intent to reduce any expenditures that will not adversely affect services provided and whereas the Provincial Treasury Board Minute 83-845 approved a policy elimin- ating payment of or reimbursement for the costs associated with professional and association membership dues and fees, with the exception of those memberships covered by collective agreement, and recommending that Council adopt this same policy --be received and filed and the recommendation adopted. Discussion ensued during which time Mr. McDermott read the policy adopted by Council in 1978 in this regard and it was suggested that, prior to adopting the above motion, Council should be apprised of the total amount involved insofar as such membership 'dues and fees are concerned, as well as the amount paid for magazine and newspaper etc. subscriptions in an attempt to determine if this expenditure can be reduced. Mr. McDermott, replying to a Query of Councillor Murray, advised that, to the best of his knowledge, the existing policy regarding such fees has been followed since its adoption in 1978, however for the past two years he is uncertain that this has been the case, therefore it will be necessary for him to review same and report to Council. On motion of Councillor Murray Seconded by Councillor Davis RESOLVED that the above matter be laid on the table for one week pending a report from the City Manager. Question being taken, the tabling motion was carried. . I 1 . 1 . I 1 . I ~ ,... qr,"l> ,<.. tl i) On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Fire Chief, the newly-elected officers for 1984 of the Saint John S&lvage Corps and Fire Police be approved as indicated in the submitted letter from Mr. Harold Peddle, Secretary of the said Corps. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $4,500.00 for the guarantee of rehabilitation of the gravel pit on Piggery Hill, which is owned by the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the matter of proposed pole and anchor agreements with N.B. Tel, the New Brunswick Electric Power Commission and the Power Commission of the City of Saint John, which was tabled at Council's last meeting, advising that the reason why some of these agreements relate to poles in Kings County is that the land is owned by the City of Saint John and was acquired as part of the protection of the water supply, with approximately 20% of the total watershed area located in Kings County of which the City owns approximately half, submitting a copy of a map which shows the property involved in the agreement in relation to the Third Lake, and recommending that the previous recommendation be taken from the table and adopted -- be received and filed: . AND FURTHER that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute Pole and Anchor Agreements with the appropriate utilities as follows:- (A) with N.B. Tel and the Power Commission of the City of Saint John: (1) 7 anchors being located on Woodward Avenue between Boars Head Road and the sewage treatment plant, as shown on the submitted copy of Plan 1, for a price of $70.00, and (2) 2 anchors being located in the Germain Street parking lot near the Riviera Restaurant property line, as shown on the submitted 'copy of Plan II, for a price of $20.00; and (B) with N.B. Tel and the New Brunswick Electric Power Commission: (1) 1 anchor being located at Pole Ll approximately 71 meters along Third Lake Road from Highway 820 and being approximately 3 meters from the southerly side of Third Lake Road, as shown on the submitted copy of Plan 1, for a price of $10.00, (2) 7 anchors being located at Poles L4, L9 and LIO on the northerly side and Poles L5 and L6 on the southerly side of Third Lake Road, as shown on the submitted copy of Plan 2, for a price of $70.00, (3) 4 anchors being located at Poles Lll, L12, L13 and L14 on the northerly side of Third Lake Road, as shown on the submitted copy of Plan 3, for a price of $40.00, (4) 1 pole and 2 anchors being located at poles L18 and L19 on the southerly side and 4 anchors at Poles L15, L16, L17 and L21 on the northerly side of Third Lake Road, as shown on the submitted copy of Plan 4, for a price of $70.00, (5) 1 pole and 4 anchors being located at Poles L22, L24, L25 and L26 on the northerly side of Third Lake Road, as shown on the submitted copy of Plan 5, for a price of $50.00, and (6) 4 anchors being located on the Upper Golden Grove Road near the intersection of Hunter's Lake Road, as shown on the submitted copy of Plan III, for a price of $40.00. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that the installation of a vault by NB Tel on the southwest corner of Main Street and Chesley Drive has been approved by the partnership and an agreement has been prepared to install a "PCM" in the underground vault on a site measuring 8m x 5m at the rear of the sidewalk on the site for a period of 40 years at a rental of $250.00 per annum, such agreement having been approved by the Legal Department as to legality and form, and recommending that the Mayor and Common Clerk be authorized to execute the easement for distribution site on the corner of Main Street and Chesley Drive -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from the City Manager advising that an easement must be acquired for an 8-inch sewer line along the eastern side of property o'Nned by Mrs. Marjorie Hegan at 1663 Manawagonish Road, such sewer line being required to prevent flooding on the Hegan property that was partially the responsibility of the City and that Mrs. Hegan has agreed to grant the easement at no cost. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RES9LVED that as recommended by the City Manager, an easement be acquired for the price of $1.00 over 76M of the property of Mrs. Marjorie Hegan at 1663 Manawagonish Road to allow access to an 8-inch sewer line, such easement shown as parts "A" and "BIT on the Survey Plan prepared by Hughes Surveys and Consultants Ltd., dated July 4,1983, a copy of which is submitted, and that the Mayor and Common Clerk be authorized to execute any and all documents required to complete this transaction. I Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) Consideration was given to a letter from the City Manager advising of a request from the solicitor for John and Nancy LeRoy for an easement to legitimize the encroacbment of a portion of the LeRoy's house, which is located at 29 Barker Street, upon the said street, such encroacbment having been revealed by a surveyor's certificate prepared in connection with the LeRoy's application for mortgage financing, and submitting a resolution, which was prepared by the ,Legal Department, for Council's consideration. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and in consideration of the payment of one dollar ($1.00), the Mayor and Common Clerk be authorized to execute an easement in favour of John and Nancy LeRoy to permit the encroachment of their building located at civic number 29 Barker Street upon that street, such easement to terminate upon the destruction or removal of the encroachment. Question being taken, the motion was carried.' .... .., 2~~ (Councillor Poley re-entered the meeting.) Read a letter from the City Manager regarding the leasing of land at 271 Main Street to Mr. Edward Melanson, which was considered by Council at its meeting of December 19, 1983, advising that Mr. Melanson would prefer some changes in the terms of the lease, such changes being included in the recommendation submitted for Council's consideration. . On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the property at 271 Main Street (L.R.I.S. number 378737), which has an area of 3,000 square feet, be leased to Edward W. and Muriel H. Melanson as joint tenants under the following terms and con- ditions:- (1) the rental to be $350.00 per year, (2) the lease to ,be for a term of five years from April 1, 1984, (3) no building to be allowed on the property but it ,may be landscaped and fenced at the lessees' expense, (4) a clause be included giving the lessees the right of first refusal if this lot or the adjoining tot lot are ever made available for sale, and (5) the Mayor and Common Clerk be authorized to execute any and all documents required to complete this transaction. I During ensuing discussion Mr. Johnson, replying to a query of Councillor Vaughan, confirmed that a bu:Hdiilg permit is required to erect a fence, and Councillor Poley expressed the understanding, based on previous discussion of this matter, that the City does not wish to engage in a lease of such duration in the event the City requires this property in the interim. The Mayor asked if enquiries were made within the City to determine if a five-year lease is in order to which Mr. Adams replied in the negative. 1 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week pending a further report from the City Manager. Councillor Gould noted that no provision is, included in the proposed lease with respect to . claims for improvements made by the lessee on the subject property. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray 2 RESOLVED that as recommended by the City Manager, authority be granted for the purchase of 95m of land on the southern side of Highland Road, shown as Parcel "Bl" on the submitted plan, from the Estate of 1. M. Simonds, for a price of $1,440.55 which reflects the owner's cost of survey and plans, such land being required to ensure the continued operation of a sewer outfall on Highland Road.' Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding the re-use of tulip and daffodil bulbs, which was discussed at Council's last meeting, advising that at the end of a three-year cycle flower beds are dug up and any bulbs which can be re-used are then planted in secondary beds throughout the City and deteriorated bulbs are disposed of, and that bulbs continue to be used as long as they are able to produce flowers -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded'by Councillor Gould RESOLVED that the joint report from the City Manager, Commissioner of Engineering and Works and Traffic Engineer, regarding a proposed amendment to the Traffic By-Law with respect to parking on Stanley Street, the third reading of which was tabled at Council's meeting of January 16 and subsequently discussed at Council's meeting of January 23, 1984, advising that staff was unable to contact Mr. D. Bacon of Phase Electric Ltd. until January 25, 1984 at which time he expressed concern over the loss of parking and indicated that he would contact his attorney with respect to a more formal objection, however there has been no further communication from Mr. Bacon or his attorney to January 27, 1984; also advising that staff has visited the site on several occasions to review the situation and the reasons for the original recommendation were verified, and recommending that the subject amendment to the Traffic By-Law be now given third reading -- be received and filed. . 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with respect to parking on Stanley Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I It was noted that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety at a previous meeting of Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the low tender, as submitted by David C. Francis Co. Ltd., in the amount of $1,140.00, be accepted for the demolition of the building located at 9 Jardine Street. . Question being taken, the motion was carried. ...,.j ,... ~1lt) Consideration was given to a letter from the City Manager recommending payment of the 1984 dues for membership in the Research and Information Centre, which was tabled at Council's last meeting. . On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from the Research and Information Centre, in the amount of $5,000.00, representing the City's 1984 membership dues. 1 Councillor Flewwelling advised that, while in attendance at a Provincial-Municipal Council meeting on January 24, 1984, he learned that the City of Fredericton, for the first time, is paying membership in the above Centre, however Moncton is not paying membership dues to same. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted to proceed with an order to Tractors & Equipment (1962) Ltd., in the amount of $5,867.05 plus Provincial sales tax, for the repair of vehicle number 673 which is a 1975 Model 140G Caterpillar grader. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the following applications for 1984 Stimulation Grants, in the total amount of $3,189,500.00, to be submitted to the Province of New Brunswick prior to January 31, 1984, be approved:- (1) fiscal services related to cost- shared capital projects - $500,000.00; (2) C.B.D. revitalization, Charlotte Street - $500,000.00; (3) Somerset Street, water booster pumping station - $192,500.00; (4) Lakewood Heights, water supply improvements - $125,000.00; (5) Carmarthen Street extension - $325,000.00; and (6) Works Department complex - $1,547,000.00. During ensuing discussion the deadline of January 31, 1984 for submission of the above applications as well as Council's lack of opportunity to discuss this matter prior to this time was noted and the priority of the projects listed was discussed. It was suggested that Council consider this matter further in Committee of the Whole later this date following which Council would resume in regular session for further consideration. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the above matter be tabled for further discussion in Committee of the Whole. 1 Question being taken, the tabling motion was lost with Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn and M. Vincent voting "nay". Discussion continued particularly regarding those items listed above for which commitments have already been made as well as with respect to the feasibility of the City Manager explaining each item separately and a separate vote being taken on each proposed application. It was suggested that this matter should be tabled for one week and following further discussion the Mayor advised that Mr. Barfoot contacted the Province of New Brunswick in the interim and received approval for an extension of the submission date in order for Council to consider this matter at the next meeting of Council. On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for one week. . Question being taken, the tabling motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent 1 RESOLVED that the letter from the City Manager advising that the City's tender of $1,000.00 for a parcel of land containing 10,472 square feet on Loch Lomond Road, situated within 250 feet of Robertson Lake, which was authorized by Council in Committee of the Whole on October 31, 1983, has been accepted by the Province of New Brunswick, and recommending (1) that the property at Robertson Lake, shown on the submitted map as the hatched section, be acquired from the Province of New Brunswick for the total price of $1,010.00, composed of an initial payment of $100.00 and the balance of $910.00 due upon transfer of title, the additional $10.00 being for the preparation of the deed, and (2) that the Mayor and Common Clerk be authorized to execute any and all documents pertaining to this transaction. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the secondment agreement with Canada Mortgage and Housing Corporation (CMHC) with respect to Mr. W. D. Todd, which was considered by Council at its regular meeting of November 14, 1983 and in Committee of the Whole on January 3, 1984, the latter meeting at which Council approved revisions proposed by CMHC which brought the agreement more into line with CMHC standard secondment agreements, however Council requested that specific provision be made with respect to the salary clause; submitting a copy of a letter from Mr. D. A. Hughes, General Manager of the Atlantic Region of CMHC which confirms CMHC's agreement to the salary approved by Council, and recommending that the amended agreement with Canada Mortgage and Housing Corporation with respect to the secondment ,of Mr. W. D. Todd to the City of Saint John be approved and that the Mayor and Common Clerk be authorized to execute the agreement on behalf of the City of Saint John -- be received and filed and the recommendation adopted. . . Councillor Poley noted that no prOV1Slon for a specific salary is included in the above-noted agreement and he questioned if it is necessary for Council to adopt a separate resolution authorizing the Commissioner of Finance to remunerate Mr, Todd's salary. Mr. Rodgers expressed the opinion that Council can approve the proposed agreement with the above-mentioned letter from CMHC respecting Mr. Todd's salary attached, or a separate resolution, as noted, can be adopted. .... 24\6 "'Ill Moved in amendment by Councillor Poley Seconded by Councillor Vaughan RESOLVED that the above motion be amended to indicate that the said letter from Mr. D. A. Hughes, General Manager of the Atlantic Region of CMHC, which confirms CMHC's agreement to the salary approved by Council, be part of the subject agreement. . Question being taken, the amendment to the motion was carried with Councillor M. Vincent voting lInay". Councillor Poley expressed the understanding that Mr. Todd will report to the City Manager through the Commissioner of Community Planning and Development, however section 4 of the above agreement indicates that he will report to the City Manager. Mr. McDermott confirmed that, under the establishment which has been approved by Council, employees in such positions report to the City Manager through the commissioner in charge of the particular department. Mr. Rodgers, replying to a query of the Mayor, expressed the opinion that, if it is Council's wish to execute an agreement which provides what Councillor Poley has suggested, such provision should be stated therein. I Moved in amendment by Councillor Poley Seconded by Councillor Davis RESOLVED that section 4 of the above agreement be amended to indicate that the seconded employee will be engaged as Executive Director of a Housing Authority reporting to the City Manager through the Commissioner of Community Planning and Development. 1 Question being taken, the amendment to the motion was carried. Question being taken, the motion, as amended, was carried. On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that the Province of New Brunswick is proposing that 941 City of Saint John coupon-bearing debentures ... in the total amount of $3,834,000.00, as listed herein, be replaced by 7 certificates of indebtedness which would be fully registered as to principal and interest, such proposal which will result in savings to the City of $10,901.00 representing the bank charge for interest coupons and matured bonds as well as savings resulting from a reduction in the 'amount of clerical work related to the handling of the coupons and bonds, and recommending that the said proposal to replace the City of Saint John debentures with certificates of indebtedness be accepted and that the Mayor and Common Clerk be authorized to execute the new certificates of indebtedness -- be received and filed and the recommenda- tion adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb 1 RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law _ Respecting The Stopping Up And Closing Of Highways In The City of Saint John", with respect to closing the following highway:- RESERVED STREET - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, being identified by the words "Reserved Street" and ,shown hatched On a survey plan entitled "Compiled Plan of Property of Roy M. Lawson Ltd." dated the 24th day of March, 1983 prepared by Murdoch-Lingley Limited and signed by Carl A. Laubman, N.B.L.S. - be read a third time and enacted and the Corporate Common Seal be affixed thereto. (Councillor Gould withdrew from the meeting. ) The by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. . Question being taken, the motion was carried. Read a letter from the Common Clerk submitting a resolution from Legal Session of Common Council, held on January 23, 1984, for Council's consideration. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement with Saint John City Hall Employees' Local 486, C.U.P.E., on behalf of the City of Saint John. I Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John 1 The Committee of the Whole reports Your Committee begs leave to report that it sat on January 23rd, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee 'submits the following recommendations, namely:- 1. That as recommended by the City Manager, approval be granted for the payment of additional costs of $67,348.00 to be incurred on the podium level of the City Hall building, in accordance with the .' agreement with Revenue Properties Co. Ltd. of March 15, 1983. ..... r'" . QlltJ ,? tL(J 2. That the letter from the City Manager advising that a proposal has been submitted by Revenue Properties to install sprinklers in the central core, the adjacent corridors, and the tenant areas along the corridor, on all floors of the City Hall building above the second floor, and recommending that the City cost-share in the amount of $12,708.00 with respect to the said sprinkler system, be received and filed and the recommendation adopted, on the condition that provision for such a sprinkler system is not included in the original lease for the City Hall building. . 3. That as recommended by the City Manager, Mr. C. A. Robichaud be named to the Emergency Measures Organization established under the Saint John Emergency Measures By-Law, and also that he be named as Director of the Municipal Emergency Measures Organization, to replace Mr. J. C. MacKinnon. I 4. That as recommended by the City Manager, the offer of the Board of the Saint John Free Public Library to allocate space in the front library area for City Hall Art Gallery exhibits, be accepted. 5. That as recommended by the City Manager, Common Council accept the proposal of Dean Construction Limited with regard to extending the contract completion date of the Pine and'Prince Streets sewer, and that the Mayor and Common Clerk be authorized to execute the submitted agreement with the said company in this regard. I 6. That the letter from the City Manager submitting a copy of a letter from the Commissioner of Finance supporting the request of the Building and Technical Services Branch for a technical services information system, and recommending that Council authorize the purchase of a Burroughs B2l-45 micro-computer, which meets the specifications set out in the submitted copy of Schedule A, and that the quotation in the amount of $21,079.30 be accepted for the supply and installation of the hardware and software outlined in the submitted copy of Schedule B, funds for such purchase having been provided for in the 1983 budget -- be received and filed and the recommendation adopted. 7. That the following appointments be made to the Aquatic Centre Steering Committee, namely: Mr. Richard Simms; Mr. Herbert F. Doucet; Councillor Marlene Vaughan; the President of the New Brunswick Protestant Orphans' Home or his appointee; the Director of Recreation and Parks; a member of the Board of School Trustees, District Number 20, or its appointee; Mr. Robert Bonnell; Mrs. Mary Cox; l~. Jack Kidd; and Councillor Peter Murray: . AND FURTHER that the Mayor, City Manager and Commissioner of Finance be appointed ex-officio members of the Steering Committee, without a vote. Saint John, N.B. 30th January, 1984. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that section 1 of the above report be adopted. (Councillors Murray and M. Vincent withdrew from the meeting.) I Councillor Vaughan expressed opposition to the above resolution based on her understanding that the subject contract was entered into between the landlord of the City Hall building and a contractor. Mr. McDermott noted that the above expenditure is part of an agreement with Revenue Properties Co. Ltd. of March 15, 1983. Mr. Barfoot, replying to a query of Councillor Flewwelling, advised that additional architectural fees in this regard for the purpose of supervising the subject project should be less than $10,000.00. (Councillor Gould re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Vaughan voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Councillor Flewwelling expressed opposition to the above motion on the basis that the City does not own the City Hall building and that such projects should be the responsibility of the owner. During ensuing discussion, Mr. Johnson and Chief Clark responded to Council queries respecting the nature of the system proposed, the places of installation and whether or not such a system is necessary in order for the City Hall building to comply with the subject rules and regulations. It was noted that, although the sprinkler system proposed is more than what was ordered by the Fire Marshal during the recent Gaol Fire action, it is considered to be a method which will make the building safer for the persons employed therein. I Question being taken, the motion was carried with Councillor Flewwelling voting "nay". (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted and that the Saint John Free Public Library'be thanked for its offer. . The Mayor noted that the above arrangement is being made on a temporary basis and she requested the City Manager to continue to pursue the matter of a suitable location for the City Hall Art Gallery. Councillor Flewwelling expressed the opinion that the operation of art galleries should be left to private industry or the New Brunswick Museum. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". .... "'Ill 2~8 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above'report be adopted. . , Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. 1 On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted. The Mayor noted that Mr. Peter Daniels has been appointed by the New Brunswick Protestant Orphans' Home to sit on this committee. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". I On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from the Board of Trustees of the Civic Employees' Pension Plan advising that the following civic employees will reach the compulsory retirement age in 1984, namely:- Fenwick Ross, Police Department; Dorothy L. Pierce, Finance Department; Joseph W. O'Toole, Police Department; William F. McIllwraith, Engineering and Works Department; Blake E. Morash, Police Department; and Harold White, Engineering and Works Department -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the retirement of Mr. William B. Reid, an employee of the Police Department, in accordance with Section 9(1) of the Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. (Councillor Murray re-entered the meeting.) I On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Ports Canada - Port of Saint John requesting expediency in staff's review of its request to erect a sign on City-owned property adjacent to the corner of Crown and Broad Streets designating the entrance to the Barrack Point Potash Terminal, which was considered by Council at its meeting of November 21, 1983 -- be referred to the City Manager to be expedited. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn . RESOLVED that the request of Mr. Lutz D. Ecker to purchase property at 61 Manners Sutton Road on which to construct a one-family dwelling -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council I meet in Legal Session. Question being taken, the motion was carried. Ifklx YhA7Md Common Clerk 1 At a meeting of the Common Council, held at the Cit~ Hall in the City of Saint John, on Monday, the sixth day of February, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, 'Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . ...4 r- {fZ Ij ~ Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; J. Johnson, Building Inspector; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. . I Reverend Roy Campbell, Interim Pastor of Edith Avenue Baptist Church, offered the opening prayer. On motion of Councillor Schermerhorn January 30, 1984, be adopted. Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on 1 Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber members of the Second Lakewood Girl Guides, who are working toward their citizenship badge, and she briefly explained the Council meeting procedure. . The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan by redesignating a one-hundred metre (lOam) westerly extension to the Potash Terminal site, as indicated on the submitted plan, from unclassified Harbour Area to Port classification, and (b) to re-zone the same parcel of land from unzoned Harbour Area to "T" Transportation, to permit expansion of the Potash Terminal as requested by Denison Mines Limited, and that no written objections were received in this regard. No persons were present with respect to the proposed amendments. (Councillor Gould entered the meeting.) Consideration was given to a letter from the Planning Advisory Committee requesting that, in view of the fact that the above matter was tabled at' its meeting of January 24, 1984 in order that the south end neighbourhood groups could be notified, Common Council defer its decision until it has received the recommendatio of the said Committee. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above matter be laid on the table for one week. 1 Question being taken, the tabling motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that the letter from Mayor Wayne submitting copies of correspondence from Mike Landers, M.P., with regard to Council's discussion at its October 31, 1983 meeting concerning the presence of the Soviet surveillance ship, the Akademik Sergey Korolyov, in the Port of Saint John -- be received and filed and Mr. Landers be thanked for his attention in this matter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Provincially-Designated Highways Grove Construction and Paving Limited Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated January 24, 1984 Final holdback release $179,442.00 199,046.73 Nil 169,189.72 1 $29,857.01 2. Rothesay Avenue - 36" Watermain and Sewer Construction Que-Mar Construction (Maritimes) Limited Supply and install approximately 3244' of 36" watermain and 4700' of 6" 8" 12" and 18" , , storm and combined sewer plus appurtenances Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated January 20, 1984 Final holdback release $115,231. 00 693,864.11 Nil 558,532.29 $135,331.82 . Question being taken, the motion was carried. .... ~ 250 On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. . S. J. Armstrong, City Representative for City Centre Improvements, approval be granted for payment of the following construction progress certificate, name1y:- 1. Contract CCI #7 - King Street Semi-Mall Standard Paving Maritime Limited Construction of King Street Original estimated value of contract Total work done, Estimate Number 6 (Final) Retention Less previous payments Less damage claim paid directly to Royal Trust Sum recommended for payment, Progress Estimate Number 6, dated February 2, 1984 Final release of holdback $679,870.00 689,033.76 Nil 678,323.76 750.00 I $ 9,960.00 Question being taken, the motion was carried. Councillor Knibb suggested that two items, which were considered by Council in Committee of the Whole earlier this date, one regarding appointments to The Saint John 1985 Canada Summer Games Society, Inc., the other with respect to commercial amusement developments in the Rockwood Park area, should be added to the agenda for consideration at this meeting. I On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the tender Alpha Diving & Salvage Ltd., in the amount of $84.00 per hour and $.56 per foot, be accepted for providing T.V. sewer inspection service for the Water and Sewerage department. of Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of traffic paint and glass beads for the year 1984 be made in accordance with the recommendation contained in the submitted bid summary. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the submitted application from Tourism New Brunswick for grant assistance with respect to hosting the annual Federal-Provincial Parks Conference, to be held in Saint John during the week of August 13, 1984, be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that as recommended by application from the New Brunswick Federation of Snowmobile Clubs for to hosting its international conference during June 8 to 12, 1984, be the City Manager, the submitted grant assistance with respect referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Project Contribution Arrangement with Transport Canada for the provision of Federal funding in the amount of $1,600,000.00 for the Church Avenue grade separation. Discussion ensued during which time Councillor Flewwelling questioned the route to be taken by trucks hauling gravel and other material to the construction site, particularly in view of the fact that Dever Road has not been constructed in a manner which will endure heavy traffic of this nature. I Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for the demolition of the building located at 173-175 Main Street, such property being demolished by the City for the Province of New Brunswick with the City being reimbursed for the subject demolition plus expenses. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tender, as submitted by W. A. C. Excavators Limited, in the amount of $3,965.00, be accepted for the demolition of the building located at 173-175 Main Street. . ~ ~ 2~~ . I 1 . 1 . I 1 . ~ Councillor A. Vincent noted that the sidewalk in the area of a recent demolition on Douglas Avenue has not been cleared and poses a hazard for pedestrians and he requested assurance that a standard form of control will be in place in the area around the above property to ensure that it is clear of debris following demolition. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tender, as submitted by A. Simpson Construction, in the amount of $1,675.00, be accepted for the demolition of the building located at 186 Rockland Road. ' Question being taken, the motion was carried. Consideration was given to a letter from the City Manager, which was tabled at Council's last meeting, recommending that the submitted applications for 1984 Provincial Stimulation Grants be approved. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Council approve the submission,of the following 1984 Stimulation Grant applications to the Province of New Brunswick, in the total amount of $3,189,500.00, namely:- (1) fiscal services related to cost-shared capital projects - $500,000.00, (2) C.B.D. revitalization, Charlotte Street - $500,000.00, (3) Somerset Street, water booster pun~ing station - $192,500.00, (4) Lakewood Heights, water supply improvements - $125,000.00, (5) Carmarthen Street Extension - $325,000.00, and (6) Works Department complex - $1,547,000.00. Question being taken, the motion was carried. Read a letter from the City Manager regarding a request for a crosswalk guard at the corner of Millidge Avenue and Ropewalk Road, which was considered at Council's last meeting, submitting copies of correspondence on behalf of concerned residents of the subject area and from the Works Department, and recommending that the improvements as indicated in the letter from the Works Department, be adopted by Council and further that a crossing guard be placed at the school crossing at Ropewalk Road and Millidge Avenue until April 30, 1984. A motion was proposed that the recommendations included in the above letter from the City Manager be adopted, however during ensuing discussion regarding the proposed period of time for the engagement of a crosswalk guard, Chief Ross suggested that a crosswalk guard should be maintained on the subject corner, particularly in view of the traffic flow to the Regional Hospital, for the duration of the school year. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that with regard to a request for a crosswalk guard at the corner of Millidge Avenue and Ropewalk Road, (1) a crosswalk sign be installed at three locations on Millidge Avenue, (2) advance warning signs be installed to cover the four crosswalks in the area between Tartan Street and Ropewalk Road, (3) the crosswalk at Ropewalk Road be relocated, (4) all signs be installed immediately, and (5) a crosswalk guard be placed at the school crossing at Ropewalk Road and Millidge Avenue until the termination of the school year in June 1984. Question being taken, the motion was carried. 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 begs leave to report that it sat on January 30th, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, the following proposed changes to the licensing and permit fees under the Plumbing By-Law be adopted, namely:- Examination Fee Master Plumber's License Special License to Outside Master Plumber Permit Fee Additional Fee Per Fixture Current $50.00 60.00 50.00 5.00 1.75 Proposed $100.00 100.00 100.00 10.00 4.00 AND FURTHER that the Legal Department be requested to draft the proposed amendment to the Plumbing By- Law in the above regard. Saint John, N.B., 6th February, 1984. Respectfully subitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the above report be received and filed and the recommendation contained therein be adopted. Question being taken, the motion was carried. ~ 25~ Consideration was given to a letter from the Saint John Preservation Review Board request- ing a copy of the Housing Policies Committee report for review and comment to Common Council within two weeks, as the said report deals with residential redevelopment in the Trinity Royal area and it is the mandate of this Board to ensure that all development within this area is in keeping with the standards set out in the subject By-Law and to enhance the historic character of such area. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that a copy of the report of the Housing Policies Committee be forwarded to the Saint John Preservation Review Board for review and comment. Councillor Knibb questioned the status of the anticipated report on the above-mentioned report to which Mr. McDermott replied that this report should be presented to Council within three weeks. I Question being taken, the motion was carried. Read a letter from The Honourable Lloyd Axworthy, Minister of Transport Canada, responding to Council's recommendation of August 15, 1983 that the present freight rate subsidies be continued and, if possible, increased for the benefit of the Atlantic Region; inviting interested parties to review the James F. Hickling report on "The Impact of Freight Transportation Subsidies Under the Maritime Freight Rates Act and the Atlantic Region Freight Assistance Act", and to make their views and recommendations known to Mr. Gary McCauley, M.P. for Moncton and Chairman of the Atlantic Liberal Caucus, who is acting as co-ordinator and communicator of this analyses. I Her Worship the 'Mayor expressed concern with respect to the reference in the above letter to the effect that the intra-regional subsidy amounts to a consumer subsidy and does not appear essential as a support to economic activity in the region, and expressed the opinion that the intra- regional subsidy must be maintained not only for export activity but also for the maintenance of a competitive position. The Mayor suggested that a letter be forwarded to The Honourable Lloyd Axworthy outlining the City's concerns and informing him that Common Council will be submitting a detailed brief to Mr. Gary McCauley, M.P., in accordance with his suggestion, such brief to be prepared through the City Manager's office. . On motion of Councillor Knibb' Seconded by Councillor Schermerhorn RESOLVED that a letter be forwarded to The Honourable Lloyd Axworthy, Minister of Transport Canada, outlining the City's concern with respect to the matter of freight rate subsidies, and that a detailed brief be prepared through the City Manager's office for Council's consideration and submission to Mr. Gary McCauley, M.P. for Moncton and Chairman of the Atlantic Liberal Caucus. During ensuing discussion, the Mayor noted that the above matter will be a subject of discussion at the forthcoming Mayor's meeting to be held in Halifax, N.S., and Councillor Murray suggested that; as this matter has been discussed at various meetings of the Saint John Port Industrial I Commission, this group should be contacted in order to obtain input for the subject brief. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting.) Dr. Evan Pugh, Chairman of the Saint John Environment Committee, addressed Council regarding this Committee's further study of a presentation made by the Environmental Law Class of the University of New Brunswick-Saint John Campus regarding dog deposits on City streets, which was considered by Council at its meetings of June 13 and 27, 1983, and with respect to the general operation or control of dog deposits from an environmental viewpoint. Dr. Pugh referred to the submitted report of this Committee and noted that a draft of a by-law, based upon the various municipal by-laws studied by the Environment Committee, is included therein, and recommended that Common Council (1) approve the principle of the enactment of such a by-law; (2) refer the draft by-law to the Legal Department to review and report to Council; and (3) direct the Legal Department to confer with the Environment . Committee with respect to any revision the Department may feel desirable before reporting to Council. Dr. Pugh expressed the opinion that the enactment and enforcement of such a by-law is necessary in order to improve the image of the City. A brief discussion ensued particularly with regard to the difficulty which may occur in enforcing the type of by-law suggested by the Environment Committee to which Dr. Pugh expressed the opinion that citizens are generally law-abiding and tend to respect and obey the law. The Mayor thanked Dr. Pugh for his presentation and advised that Council will consider this matter further later in the meeting. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Mosher, Chedore & Company, Solicitors for The First Wesleyan Church on Boars Head Road, such Church being difficult to locate as it cannot be seen from Millidge Avenue and, due to the lack of a church directional sign, the Boars He~d entrance is often bypassed, requesting Common Council to ente~tain an amendment to the Zoning By-Law to provide for church directional signs -- be referred to the City Manager and staff for a report and recommendation. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of the Full Gospel Assembly for re-zoning of property off Mount Pleasant Avenue to Spruce Street, 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 March 19, 1984. Question being taken, the motion was carried. . ~ ".. 2~~ On motion of Councillor Gould . Seconded by Councillor Knibb RESOLVED that the letter from The Saint John 1985 Canada Summer Games Society, Inc., advising that the Society is desirous of increasing the membership of the Board of Governors by nineteen and also wishes to re-appoint the present four members of the said Board, as well as to waive the provisions of its By-Law 5.1 with respect to re-appointment of same in order to have the new governors and the present governors serve until the March 1985 annual meeting of the said Board -- be received and filed: I AND FURTHER that as recommended by The Saint John 1985 Canada Summer Games Society, Inc., the following persons be re-appointed to the Board of Governors of The Saint John 1985 Canada Summer Games Society, Inc.: Evan A. Trites, Chairman, George D. Bouchard, Dr. Thomas J. Condon and Mr. Arthur L. Pottle; and the fOllowing persons be appointed to the said Board of Governors: Ralph B. Brenan, Simon L. Bujold, John G. Burchill, D. Chester Campbell, R. Roy Currie, David A. Ganong, Donald G. Hickingbottom, Dr. R. Glencross MacDonald, Dr. Guy R. MacLean, Andrew McArthur, Edward Reevey, Thomas S. Simms, Jr., Reginald A. Sinclair, William H. R. Smith, Hugh M. Steeves, Edward D. Stephenson, James A. Stewart, George T. Urquhart and Alan Young, such persons to hold office until the annual meeting of the Board of Governors in March 1985. Question being taken, the motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the submitted terms and conditions for a proposal call with regard to the development of a commercial amusement area in Rockwood Park be approved and that authority be granted for the City Manager to advertise nationally in this regard, and further that an agreement be negotiated with Mr. Bruce Court, President of Super Slide Ltd., to provide for a license to construct and operate waterslides according to the submitted terms and conditions, and that this matter be discussed with the Rockwood Park Advisory Board. . Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the Saint John Environment Committee, Common Council approve in principle the enactment of an environmental by-law to control dog fouling; that the submitted draft by~law be referred to the Legal Department for review and report to Council, and that the said Department be directed to confer with the Environment Committee with respect to any revision the Department may consider desirable before reporting to Council. Question being taken, the motion was carried. 1 A brief discussion ensued regarding the matter of mobile signs, the regulation for which is included in the City's Zoning By-Law. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 0"1 ~ ~p~<! Common Clerk . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of February, A.D., 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent I - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. F. Ross, Chief of Police; P. Clark, Fire Chief; C. E. Nicolle, Director of Recreation and Parks; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Gordon Blackwell, Pastor of St. Columba Presbyterian Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED that minutes of the meeting of Common Council, held on February 6, 1984, be adopted. Question being taken, the motion was carried. ll.... ~ 25~. (Councillor Gould entered the meeting.) Her Worship the Mayor commented briefly on her attendance at the Atlantic Mayors' Conference in Halifax, N.S., on February 9 to 11, 1984, and noted that the next such conference will be held in . Saint, John later this year. The Mayor advised that she is in receipt of a letter from the Canada Safety Council informing her that the City of Saint John, which is one of the fifty-five participating municipalities in the Canada Safety Council Week, has received an award representative of a fatality-free Safe Driving Week in 1983, a certificate for which will be forthcoming from the Governor-General of Canada. Councillor Knibb commented briefly on the Bicentennial Winter Warmup activities which were held in the City this past weekend. I The Mayor read a proclamation proclaiming February 19 to 26, 1984 as Scout-Guide Week in the City of Saint John and urged all citizens to salute their local Boy Scout-Girl Guides. The Mayor referred briefly to the restoration project of the Cathedral of the Immaculate Conception on Waterloo Street. and commented on the excellence of the workmanship performed to restore this building. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the statement of payments made during the month of December 1983 be received and filed. 1 Councillor Vaughan referred to two payments for the replacement of windshields and asked whether or not the City's insurance would pay a portion of such amount and the Mayor requested Mr. Wilson to provide a response when such is available. Mr. Totten, replying to a Query of Councillor Schermerhorn, explained that when disbursements are made such payment may include several invoices and also that the complete description of such disbursements is not included on the above documentation. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a copy of a report from the Director of Recreation and Parks concerning the Canadian Parks and Recreation Association Conference, which was held in Saint John from August 14 to 18, 1983 -- be received and filed. During ensuing discussion it was noted that the 1983 grant allocation approved by Council for the above group in an amount of up to $12,000.00 was not required, and the matter of staff involvement in such conferences and the attraction of conventions, etc. to the City was broached, the latter to which Councillor Murray referred and expressed the opinion that the convention list for 1984 compiled as of February 1984 (copies of which were forwarded to Council members as an information item), is 1 indicative of efforts put forth by civic groups and staff in this regard. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice from Industrial Refrigeration, in the amount of $5,738.40, for the supply of Frick compressor parts required to repair the compressor at the Lancaster Arena. (Councillor A. Vincent entered the meeting.) Question being taken, the motion was carried. Read a letter from the City Manager regarding the Royal Bank building at the head of King Street, noting that, in order to reach the said Bank's security garage by vehicle, it is necessary to pass over the City-owned land which is shown cross-hatched on the submitted plan and accordingly Royal Bank Realty Inc. has reQuested that it be granted an uninterrupted right-of-way over the subject property and further, should the City erect any structure upon or over same that the right-of-way would not be interrupted, with the City retaining the right at all times to designate the particular path of the access to and from the security garage, and recommending adoption of the submitted resolution, which was prepared by the Legal Department. . On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and in consideration of the sum of one dollar, the City of Saint John grant to Royal Bank Realty Inc. an uninterrupted right-of-way over, across and along the City-owned lands lying between the eastern side of Germain Street and the rear of the Royal Bank building located at the head of King Street and further that, should any structure be erected over or upon the said City lands, Royal Bank Realty Inc. shall retain the uninterrupted right-of-way provided however that the City retain the right to designate from time to time the route to be travelled in the exercise 'of the right-of-way; and further that the Mayor and Common Clerk be authorized to execute the ne'cessary documents. I Councillor Poley expressed the understanding that the above property was being considered as the possible site of a parking garage and suggested that this matter should be referred to the Parking Commission for review and report to Council. Councillor Poley questioned if the right-of-way enjoyed by Riviera Realties Ltd. is exactly the same as that requested by Royal Bank Realty Inc. or if the former is only a pedestrian right-of-way, as well as the propriety of the proposal that the City retain the right to designate from time to time the route to be travelled in the exercise of the right- of-way to the Royal Bank, and suggested that this matter should be tabled pending reports from the Parking Commission and the Legal Department on these matters. Mr. McDermott advised that the parking garage proposal was rejected as funds were not available. . ~ ,... 2~~ On motion of Councillor Poley . Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the Parking Commission and Legal Department for report to Council. Question being taken, the referral motion was carried. Read a letter from the City Solicitor submitting a proposed amendment to the Plumbing By-Law with respect to licensing and permit fees, which was discussed at Council'S last meeting, advising that first and second readings are now in order. 1 Consideration was given to a letter from the Saint John Mechanical Contractors Employers Association Inc. requesting the opportunity to meet with representatives of Common Council and the Plumbing Inspector to discuss the proposed increases to the above-mentioned By-Law as this group is particularly concerned with the increases proposed in the fee for fixtures, which represents an increase of 157%. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", with regard to licensing and permit fees, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers". Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", with regard to licensing and permit fees, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers". Councillor Knibb suggested that, prior to Council's consideration of third reading of the above amendment, Council should meet with representatives of the Saint John Mechanical Contractors Employers Association Inc. as requested in the above letter. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that Common Council meet with representatives of the Saint John Mechanical Contractors Employers Association Inc. prior to consideration of the third reading of the proposed amendment to the Plumbing By-Law with respect to licensing and permit fees. Question being taken, the motion was carried. Read a letter from the City Solicitor regarding demolition judgments registered in the Saint John County Registry Office in November 1983 as follows:- (a) 6 Middle Street - Shillington, Ralph V. and Dianne M. - demolition cost $867.00, and (b) 8 Middle Street - Sasserville, Keith - demolition cost $1,660.00, such properties having Provincial taxes outstanding in the amounts of $235.72 and $453.22, respectively, submitting resolutions for Council's consideration in accordance with a 1978 amendment to the Saint John Building Act, 1925, which provides a procedure whereby the City can obtain title to such properties. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS the City of Saint John demolished a building at 6 Middle Street in the City of Saint John pursuant to the provisions of the Saint John Building Act, 1925, Chapter 62 of 15 George V, 1925, at a cost of Eight Hundred and Sixty-seven Dollars ($867.00): 1 AND WHEREAS the City of Saint John obtained a judgment against Ralph V. Shillington and Dianne M. Shillington, owners of the fee simple, and registered a memorial of Judgment in the Saint John County Registry Office on November 4th, 1983, as number 311739 in Book 1026 at page 75, and the debt remains unpaid: IT IS HEREBY RESOLVED that the debt remains unpaid: IT IS FURTHER RESOLVED that a certified copy of this resolution be registered in the Saint John County Registry Office.". 1 Councillor Gould questioned if there are additional judgments, such as those above, presently in place to which Mr. Rodgers replied in the affirmative. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the following resolution be adopted, namely:- . "WHEREAS the City of Saint John demolished a building at 8 Middle Street in the City of Saint John pursuant to the provisions of the Saint John Building Act, 1925 Chapter 62 of 15 George V, 1925, at a cost of Sixteen Hundred and Sixty Dollars ($1,660.00): AND WHEREAS the City of Saint John obtained a judgment against Keith Sasserville, owner of the fee simple, and registered a memorial of the judgment in the Saint John County Registry Office on November 4, 1983 as No. 311737 in Book 1026 at page 72, and the debt remains unpaid: ... 256 ., IT IS HEREBY RESOLVED that the debt remains unpaid: IT IS FURTHER RESOLVED that a certified copy of this resolution be registered in the Saint John County Registry Office.". Councillor Gould questioned if the other judgments which are in place are the subjects of resolutions, such as that above, for Council's consideration to which Mr. Rodgers replied in the negative and added that it could be that such judgments were successful in obtaining payment without taking the above type of action. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necesary advertising and public presentation regarding the submitted application of Crowe's Auto Body Shop have been completed and the required waiting period for objections expired on February 8, 1984 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Crowe's Auto Body Shop for a Municipal Plan amendment and re-zoning of property at 326 Union Street 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 March 19, 1984. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Regal Wholesale Ltd. have been completed and the reQuired waiting period for objections expired on February 9, 1984 with no written objections having been received. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the application of Regal Wholesale Ltd. for a Municipal Plan amendment and re-zoning of property at 278 Charlotte Street be referred to the Planning Advisory Committee for a report and recommendation, and that the necesary advertising be authorized in this regard, with the public hearing to be held on March 19, 1984. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, the sixth day of February, A.D. 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee makes the following recommendations, namely:- 1. That with regard to the request of the Saint John University Women's Club for financial assistance with respect to hosting the council meeting of The Canadian Federation of University Women, to be held in Saint John August 15 to 18, 1984 -- a grant in the amount of $6.00 per capita to a maximum of $1,000.00 be approved. 2. That as recommended by the Saint John Board of Trade, the following persons be re-appointed to the Saint John Port Development Commission, namely: Mr. Thomas L. McGloan for a term to expire December 31, 1984, and Mr. Joseph Streeter for a term to expire December 31, 1985. 3. That Councillor John E. Schermerhorn be appointed as a liaison member to the Board of Directors of The Saint John Bicentennial Inc. 4. That with regard to the request of Anna Kinsella to purchase an undeveloped walkway adjoining her property at 78 Craig Crescent, Council approve the recommendation of the City Manager that Anna Kinsella be advised that the subject property is not for sale at the present time, that she be offered a license authorizing her use of the land as a driveway until required by the City, such license to include the provision that the City is not responsible for any costs or damages connected with the possible move, and further that the Mayor and Common Clerk be authorized to execute any documents required to grant the said license. February 13,11984, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Murray Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Councillor Poley suggested that, although he supported the above motion in Committee of the Whole, this matter should be tabled for one week to allow Council an opportunity to review the matter of grants further, particularly in view of the fact that Council budgeted an amount for 1984 considerably less than what was allocated for grants in 1983, and he advised that he intends to submit a report at Council's next meeting on this matter. Discussion ensued regarding the disposal of unused civic grants, such as that referred to earlier in this meeting in connection with the Canadian Parks and Recreation Association conference, and with respect to the significance of attracting conventions etc. to the City. . I .1 . 1 . I I . .... ".. 251 On motion of Councillor Poley . Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillors Gould, Murray, Vaughan and M. Vincent voting "nay". On motion of Councillor Gould 1 Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. The Mayor, replying to a query of Councillor A. Vincent, noted that the above nominees are recommended by the Saint John Board of Trade for Council's approval. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Murray 1 Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor Poley voting "nay". . Read a letter from the Planning Advisory Committee regarding a proposed Municipal Plan amendment and re-zoning of a one hundred metre (100m) westerly extension to the Potash Terminal site, as requested by Denison Mines Limited, the public hearing for which was held on February 6, 1984 with no readings given, recommending that a 100 metre westerly extension to the Potash Terminal site be: (1) (a) redesignated on Schedule 2A of the Municipal Development Plan from Unclassified Harbour Area to Port classification, and (b) re-zoned from Unzoned Harbour Area to "T" Transportation classification, and (2) that the City inform Denison Mines Limited that it prefers the transportation of potash to the terminal by rail. On motion of Councillor Schermerhorn 1 Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a one hundred metre westerly extension to the Potash Terminal site from Unclassified Harbour Area to Port classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan Of the Municipal Development Plan, to reclassify a one hundred metre westerly extension to the Potash Terminal site from Unclassified Harbour Area to Port classification, be read a second time. . Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a 100 metre westerly extension to the Potash Terminal site from Unzoned Harbour Area to "T" Transportation classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a 100 metre westerly extension to the Potash Terminal site from Unzoned Harbour Area to "T" Transportation classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . The recommendation in the above letter from the Planning Advisory Committee with respect to transpor_ tation of potash to Saint John by rail was discussed and it was suggested that this matter should be referred to the Saint John Fundy Region Development Commission for consideration and input. lo.. ~ 258 On motion of Councillor Knibb Seconded by Cpuncillor Schermerhorn RESOLVED that the matter of the method of transporting . potash from Denison Mines Limited to the Potash Terminal in Saint John be referred to the City Manager and the Saint John Fundy Region Development Commission for review and report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from The Honourable W. G. Bishop, Minister of Transportation, regarding Common Council resolution of January 16, 1984 with respect to the North/South Arterial, advising that, although the said Department has agreed with the City's plan 1 for the staged construction of this facility, no commitment of funds can be made at this time as the Department must look at all requests within municipalities and establish priorities within the funds which are made available by the Legislature, and also advising that no commitment can be made that the North/South Arterial will be treated as an additional special project because there is a limited amount of money available for work on municipal designated highways and, to date, it is unknown what the available funding will be for 1984-85 -- be received and filed. Her Worship the Mayor noted that she and the City Manager will be meeting with Provincial officials this week during which time the above matter will be discussed. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that permission be granted to St. John's Stone Church to hold a Sunrise Service at Fort Howe on Easter Sunday morning. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from The Canadian Corps of Commis- 1 sionaires reQuesting that consideration be given to increasing the hourly rate of pay for commissionaires and sergeants working on the parking meters from $6.24 and $6.79 to $7.48 and $8.14, respectively -- be referred to the City Manager and appropriate staff for report and recommendation. Question being taken, the motion was carried. Consideration was given to a letter from M. Hughes regarding the proposed reduction in transit service to the Loch Lomond area. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Vaughan that the above letter be referred to the Saint John Transit Commission for review regarding bus service in that area of the City. Councillor Poley suggested that Council should meet with the Transit Commission regarding the matter of proposed reduction in transit service in order that Council can become familiar with this Commission's plans in this regard. The Mayor suggested that the above letter, as well as the letter from The Saint John District Labour Council which is to be considered at this meeting, be . considered simultaneously. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from M. Hughes requesting Common Council to direct the Transit Commission to immediately cease all actions with respect to decreasing the transit service in the Loch Lomond area, and expressing the opinion that transit service should be increased in the subject area to provide service daily at 10:00 o'clock p.m. and on Saturdays, and the letter from The Saint John District Labour Council expressing opposition to any reduction in bus I service and urging the City to provide sufficient funds to the Saint John Transit Commission 'in order to maintain the present service and urging Common Council to ensure that no reduction in transit service is undertaken, particularly in view of 1984 being the Provincial Bicentennial and as many citizens are finding it impossible to provide their own transportation in the current economic times be received and referred to the Transit Commission and that the said Commission be invited to meet with Council to discuss its plans with respect to transit service reductions. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the application of Manford M. Thompson Construction Company Limited for re-zoning of the former Provincial Hospital Annex property on Sand Cove 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 March 19, 1984. Question being taken, the motion was carried. . ~ ,.... 25~ On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. 5/ltfw'olh=!md I At a meeting of Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of February, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. Todd, Executive Director of Housing; R. Adams, Property Management Branch; J. Dunham, Deputy Police Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Dr. J. Murray Armstrong, Interim Pastor of Main Street Baptist Church, offered the opening prayer. On motion of Councillor Knibb 1 February 13, 1984, be adopted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. Her Worship the Mayor commented briefly on the Cities of New Brunswick Association conference which was held in Saint John on February 17 and 18, 1984. Mr. Walter Spragg, President of Saint John West' Camp of the Gideons International in Canada, presented the Mayor with a Bible, which the Mayor accepted with thanks. . The Common Clerk advised that the necessary advertising was completed with respect to a proposed Zoning By-Law amendment to add "senior citizens housing in association with a group care facility and subject to the unit size requirements of Section 3l0(3)(g)" to the list of permitted uses in Section 410(1)(a) Neighbourhood Institutional and Section 420(1)(a) Major Institutional, to permit the development of senior citizens housing in conjunction with nursing homes, such change to effect all existing properties zoned flInstitutional" classification, and no written objections were received in this regard. No person was present with respect to the proposed amendment. ' Consideration was given to a previous letter from the Planning Advisory Committee, dated August 25, 1983, recommending the above-proposed amendment. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns adding "senior citizens housing in association with a group care facility and subj ect to the unit size requirements of Section 310(3) (g)" to the list of permitted uses in Section 410(1)(a) Neighbourhood Institutional and Section 420(1)(a) Major Institutional, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns adding "senior citizens housing in association with a group care facility and subject to the unit size requirements of Section 3l0(3)(g)" to the list of permitted uses in Section 410(1)(a) Neighbourhood Institutional and Section 420(1)(a) Major Institutional, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Ii.. 260 " (Councillor Poley withdrew from the meeting. ) The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from Low Density Residential to Heavy Industrial classification, and (b) to re- zone the same parcel of land from "RS-2" Suburban Residential to "1-2" Heavy Industrial classification, to permit use of the land for the storage of motor vehicles, as requested by Mr. Ray Corscadden, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the Municipal Plan be amended so that the subject property is reclassified from Low Density Residential to Heavy Industrial classification and that this property be re-zoned from "RS-2" to "1-2" classification subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act limiting the use to a vehicle storage compound not including auto wrecking or auto salvage and the development taking place in accordance with the proposal that has been submitted. Consideration was also given to a letter from Gorman, Nason, Farrell, Ljungstrom, solicitors fOr Mr. Ray Corscadden, in support of the above-proposed amendments. . 1 Mr. G. Stewart Baker, solicitor of the law firm of Gorman, Nason, Farrell, Ljungstrom, appeared before Council on behalf of Mr. Ray Corscadden in support of the above-proposed amendments, 1 and, referring to the said letter from Gorman, Nason, Farrell, Ljungstrom and the photographs submitted with same, noted that no deterioration or change in the subject property will result from the proposed amendments, that Mr. Corscadden is willing to abide by the terms of a Section 39 resolution as recommended by the Planning Advisory Committee and has no intention of operating a salvagd yard and is to use the subject property for a storage yard for motor vehicles until such time as these vehicles are claimed by the owners. The Mayor questioned if there is any guarantee that motor vehicles will not be retained outside the compound area to which Mr. Baker suggested that, although Mr. Corscadden does not wish to retain vehicles outside the compound as it could detract from the value of his property, such a pro- . vision could be included in the Section 39 conditions. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from Low Density Residential to Heavy Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 341 Loch LomondRoad (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from Low Density Residential to Heavy Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried with Councillor M. Vincent voting "nay"; On motion of Councillor Gould 'i.. Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from "RS-2" Suburban Residential to "1-2" Heavy Industrial" classification, subject to a Common Council resolution pursuant to Section 39 of the Community Planning Act limiting the use to a vehicle storage compound not including auto wrecking or auto salvage and the development taking place in accordance with the proposal that has been submitted. 1 . 1 Councillor Flewwelling suggested that a provision should be added to the Section 39 to ensure that, if the subject business is sold, the property will revert to its original zoning to which Mr. Winch noted that, although there is no control on the ownership of the subject property in that if it is sold another person could carryon the same type of business, however Council approval would be 1 required if the nature of the business were to change. _ Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Gould t Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from "RS-2" Suburban Residential to "1-2" Heavy Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act limiting the use to a vehicle storage compound not including auto wrecking or auto salvage and the development taking place in accordance with the proposal that has been submitted. , . ~ ,.... ,g@ll Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee and the from Gorman, Nason, Farrell, Ljungstrom, regarding the above-proposed amendments, be received and letter filed. I Question being taken, the motion was carried. (Councillor Poley re-entered the meeting. ) 1 The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan to reclassify four parcels of land containing approximately 175 acres located north of Ashburn Road between the Saint John Throughway and Rothesay Avenue (L.R.I.S. Numbers 297333, 298422, 305128 and 51706), and (b) to re-zoning the parcels designated as L.R.I.S. Numbers 29733, 298422 and the western half of 305128 from "RS-2" Suburban Residential to "1-2" Heavy Industrial classification, to permit the establishment of quarrying and asphalt manufacturing operations, as requested by Desourdy Construction and Stephen Paving (1982) Ltd., and that written objections have been received from New Brunswick Broadcasting Co. Limited; McKelvey, Macaulay, Mac hum , solicitors 'for Strescon Limited; and Mr. E. D. Ferguson, with letters in support having been received from La Corporation Municipale de la Paroisse St. Philippe, P.Q.; Mayor of the Ville de Carignan; Mayor of Ste-Angele de Monnoir; City Manager of Ville de Brossard; Mayor of the Corporation du Canton d'Ascot; Secretary-Treasurer of Saint- Georges-De-Clarenceville; Chef de Division de l'Approvisionnement of Ville de Sherbrooke; and Minister of the Environment, Government of Quebec. . Consideration was given to a letter from the Planning Advisory Committee advising that sixteen replies in support and 29 replies in opposition to the above proposal were received in response to a notice which was forwarded to 240 property owners in the subject area, and as well four petitions with forty-eight signatures opposed to the subject re-zoning were also received; also advising that Desourdy Construction and Stephen Paving (1982) Ltd., while concurring with most of the recommendations contained in the submitted staff report, is of the opinion that more land should be re-zoned than what was recommended, and that major concerns were raised with respect to dust, noise from blasting, increased traffic, effect on surface drainage and drinking water and that the Departments of Environment and Labour provided their assessment of the proposal, indicating that on the periphery of the subject property low-level noise could be expected and dust from the site would probably not exceed the Provincial limits, however, air pollution would be increased in the area concerned, and recommending that the above application not be approved. 1 Mr. Arthur Stanton of 52 Mountain Road addressed Council in opposition to the above-proposed amendments on behalf of the Clean Air Committee of Saint John East, and advised that the main objection is with regard to the additional pollution in the form of dust and odour that will be created by this industry as even a minimal amount of additional pollution will be too much in an already over-polluted area of the City. Mr. Stanton also expressed opposition to the subject amendments insofar as traffic flow increase, especially that of heavily-weighted trucks and the impact of same on the condition of Rothesay Avenue is coneerned, as well as with regard to safety in view of the blasting that will be carried out in the area in question as part of the proposed industry. During ensuing discussion the effect, if any, of blasting carried out by a quarry which was previously located in the subject area was broached, as was the extent of the involvement of the Department of Environment in the matter of pollution control and regulations. . Mrs. Elizabeth Cann of Rothesay Road addressed Council on behalf of the Brookville~Torryburn Association in opposition to the above application and noted that, despite petitions regarding dust pollution problems which were presented to the Provincial Government commencing in the early 1950s, as well as petitions presented to Common Council following amalgamation of Simonds Parish with the City of Saint John, neither Environment New Brunswick nor and the Saint John Environment Committee has been able to correct the dust pollution problem to date, and the establishment of the proposed industry will create what is considered to be an intolerable situation by the combination of the already-existing lime dust with the by-product which would be emitted into the atmosphere by an asphalt plant. Mrs. Cann expressed concern with regard to the following:- (1) the apparent inadequacy of the City's Zoning By-Law in controlling an existing quarry in the area, (2) the heavy pollution which exists in the subject area against which Environment New Brunswick and the Saint John Environment Committee are obviously powerless, (3) the apparent nominal blasting regulations in view of the continuing damage to homes, wells and properties, (4) overloaded trucks for which no scales are provided to control the weight loads, (5) the lack of enforcement of the by-laws regarding litter and speeding trucks, and (6) the lack of adherence to the Municipal Plan by industries which do not hide their unsightly premises behind tree cover. Mrs. Cann requested that Common Council carefully consider all of the problems the residents of East Saint John experience and reject the proposal submitted by Desourdy Construction and Stephen Paving (1982) Ltd. for changes in the Municipal Plan and Zoning By-Law. I Dr. Evan Pugh, Chairman of the Environment Committee, appeared before Council in opposition to the above-proposed am ndments and noted that, at the request of the Planning Advisory Committee, the Environment Committee has expressed its concern to the anticipated increased air and noise pollution from a quarry and asphalt manufacturing operation in an area which is already filled with many heavy industry polluters thus the Environment Committee's opinion that such an operation is not desirable in this area. Dr. Pugh stated that the Environment Committee has extreme concerns regarding increased pollution for not only the east side but in the Brookville area and re-iterated the opinion expressed to the Planning Advisory Committee that the latter request an environment impact study in order to determine the impact of such industries on the environment prior to approval being given to same. I Mr. Dale Ferguson of 579 Rothesay Avenue appeared before Council in opposition to the above- proposed amendments on the basis that such an operation will lead to pollution of his water supply. Replying to a query of Councillor Knibb as to whether or not the applicant has offered to absorb the financial responsibility of connecting Mr. Ferguson's property to the City's water line and bear the ongoing water charges should his water supply be interrupted or polluted by this industry, Mr. Ferguson confirmed that this offer was made, however he prefers to have his own water supply. . Mr. E. O'Connor of 99 Simpson Drive addressed Council in opposition to the above application on the basis that blasting which has been done in the subject area has caused cracks in the foundation of property he previously owned on Foster Thurston Drive, particularly as he currently owns two properties in the eastern section of the City, one being on Simpson Drive, the other being on Golden Grove Road. .. 2~~ " Mr. Michael D. Wennberg, solicitor for Strescon Limited, appeared before Council in opposition to the above-proposed amendments on the basis that, as advised in the above-mentioned letter, his client is concerned that Common Council is being requested to make a decision on a matter about which all the facts are not known at this time, such as the effect that blasting will have on the subject area, ,the effect of increased traffic usage on Rothesay Avenue, and the effect to the water supply in the area. In reply to a query of Councillor Knibb, Mr. Wennberg expressed the opinion that, prior to approving such an application, the potential problems of same should be understood in order to attempt to resolve same and it is on this basis that Strescon Limited is opposing the above application. . Mr. Alfred Brien, solicitor for Desourdy Construction and Stephen Paving (1982) Ltd., addressed Council in support of the above-proposed amendments and advised his intent to address the concerns expressed at this meeting. Mr. Brien noted that the subject application is that of businessmen who have been involved in the quarrying and manufacturing of asphalt business for some years and their proposal is simply to relocate an existing asphalt manufacturing plant from Bayside Drive to the area in question and take advantage of the fact that there is an abundance of raw material for this type of operation at the site. Mr. Brien suggested that the end result of this proposal should be considered in view of the fact that it will allow for the future development of an area of Saint John which currently has no other apparent use due to the nature of the topography. Mr. Brien advised that the applicant is aware of the effective controls which can be placed 'on this operation with respect to blasting, emission controls, etc., and noted the presence in the Council Chamber of Mr. Arno Deters, a blasting consultant of Rocpro Limited, and Mr. Richard Forward of Jacques, Whitford and Associates Limited, such firm being consulting geotechnical and materials engineers, as well as that of Mr. Gerald Desourdy, a director of Desourdy Construction and Stephen Paving (1982) Ltd. Mr. Brien also advised that the applicant, after hav~ng seen the Planning report, is now seeking modification to the subject application in that, rather than re- zone the area in question to "1-2" Heavy Industrial classification as requested, the applicant wishes to apply for "I-I" Light industrial classification for the subject area in order to comply with the Municipal Development Plan. Mr. Brien responded to the concerns raised at this meeting insofar as the intent of the applicant to abide by regulations with respect to dust control etc. and suggested that, although it cannot be denied that there will be minimal pollution which will have no adverse effect, Common Council should consider both the short and long-term benefits of the subject operation in what is already an industrial city. I 1 . Mr. Arno Deters of Rocpro Limited addressed Council with respect to the question of blasting in the subject area and expressed the opinion that, based on his findings at the site in question, his experience in the field of blasting and by using formulas normally used in the type of blasting which would be done by the subject company, it is fair to state that blasting can be controlled and the effects of blasting can be kept well within tolerances normally set for this type of operation. Mr. Deters gave two examples of work performed by his company which, in his opinion, indicate that blasting can be carried out safely, one being within thirty feet of the City Hall building at the aquatic centre site, the other being the excavation of the Chipman, Hill parking facility where blasting was done twenty feet away from NB Tel's equipment building wherein highly-sensitive relays are housed. Discussion ensued during which time Mr. Brien distributed to Council copies of letters from W. H. Crandall & Associates (Management) Ltd., Mr. Richard Forward of Jacques, Whitford and Associates Limited, and Mr. Arno Deters of Rocpro Limited, with respect to blasting in the subject area, and the Mayor expressed the understanding that a pollution control method in the form of a bagging system is not being fully utilized by the subject company's operation on Bayside Drive. Mr. Brien advised that it is the intent of the applicant to utilize the Throughway which will reduce the number of vehicles which would otherwise use City streets and is more than willing to comply with any restrictions placed on the operation by Council as well as with those already in place. Mr. Brien requested the opportunity for his client to utilize the subject property for 'an asphalt plant which would, in turn, provide a large economic benefit to the City. 1 Mr. Gerald Desourdy addressed Council in support of the subject application and expressed the opinion that this company's experience, combined with the fact that local experts were engaged to assess the situation and discussions were held with the Department of Health and Environment Department, are equivalent to an environmental study which has been suggested. Discussion ensued during which time the proximity of other such quarrying and asphalt manufacturing operations to residential areas was broached, as was the effect, if any, on Rothesay Avenue of any additional traffic generated by such an operation. Matters of dust control methods, water supply to the subject property, duration of permits with respect to excavation, and the feasibility of an environmental impact study were discussed. . Mr. Peter Glennie, solicitor of the law firm of Palmer, O'Connell, Leger, Guerette, addressed Council on behalf of the subject property owners, namely, Sherman Horsman and Archie Colpitts Ltd., in support of the application, with the amendment mentioned by Mr. Brien earlier in this meeting, and expressed the opinion that the present use of the subject property is that of a quarry and requested that this use be continued and the application be approved. 1 During ensuing discussion the matter of alternate sites for the subject operation was discussed and Councillor A. Vincent questioned the propriety of tabling this matter for ninety days in order to allow for the applicant to fund an environmental impact study to which Mr. Rodgers noted that Council has up to six months from the date of the first advertisement to deal with this matter. On motion of Councillor Knibb Seconded by Councillor Gould 1 RESOLVED that the by-law entitled, "A Law To Amend The MUnicipal . Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan to reclassify four parcels of land containing approximately 175 acres located north of Ashburn Road between the Saint John Throughway and Rothesay Avenue (L.R.I.S. Numbers 297333, 298422, 305128 and 51706), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, be read a first time. Councillors Poley and Schermerhorn expressed opposition to the above motion on the basis that an environmental impact study should be performed in this regard. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent voting "nay". . .J ,.... '2~3' On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. Following a brief recess the meeting continued. I Notice had been sent to Bruce W. Getson to appear at this meeting to show cause, if any, why,the2 building located at 130-132 Sandy Point Road (L.R.I.S. Number 28084), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that it is currently open to the public and would require a major commitment of funds to rehabilitate same, and stated that this two-storey woodframe building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owner be compelled to destroy or remove the building under the provisions of the 1925 Building Act. Mr. Bruce Getson appeared before Council in opposition to the above proposal and advised that, until recently, he had anticipated selling the subject property and that he does not wish this building to be demolished. I During ensuing discussion Mr. Getson advised that he had made attempts to keep the building secure, however it has been open to the public for approximately seven months, and that, should Council take no action in this matter, it is his intent to move into the building and repair same, however the securing of the subject building is dependent upon availability of funding. Mr. Johnson, replying to queries of Councillor A. Vincent, explained the reason for the notices being forwarded to both Mr. Bruce W. Getson and Mr. Keith Getson, and expressed the opinion that approximmately $70,000.00 would be reQuired to repair the subject property, however it may be possible, by utilizing less expensive labour, to rehabilitate the building for approximately $50,000.00. On motion of Councillor Gould . Seconded by Councillor,Schermerhorn 'RESOLVED that notice having been given to Bruce W. Getson, Owner, being the owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 130-132 Sandy Point Road (L.R.I.S. Number 28084), in the City of 'Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 130-132 Sandy Point Road in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Bruce W. Getson, Owner, is hereby required to remove or destroy the said building situate at civic number 130-132 Sandy Point Road in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: 1 AND BE IT FURTHER RESOLVED that upon failure of the said Bruce W. Getson, Owner, to remove or destroy the said building situate at 130-132 Sandy Point Road in the City of Saint John, in compliance with the reQuest of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Bruce W. Getson, Owner. Question being taken, the motion was carried. Read a letter from Mayor Wayne regarding the matter of an employee of the Recreation and Parks Department performing refrigeration work for the Quispamsis Community Centre Inc. and the Kennebecasis Valley Arena, submitting a copy of an agreement entered into in this regard as well as a copy of the City Solicitor's legal opinion, expressing the opinion that a policy decision is in order and recommending that this matter be referred to the City Manager and City Solicitor for a report and recommendation and the drafting of a proper legal agreement for Council's consideration. . . Councillor Gould expressed the understanding that there are other similar agreements in effect within the City and suggested that staff should review this matter in its entirety. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City Manager and City Solicitor for a report and recommendation, such report to include details of any other agreements of this nature which are in effect, and the drafting of a proper legal agreement for Council's consideration. I Councillor A. Vincent expressed the opinion that the practice of hiring City personnel to other groups or organizations ,is hindering free enterprise in the community and that the City should not be involved in this practice. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor correspondence from The Honourable Lloyd Axworthy, Minister of Transport Canada, resolution of November 28, 1983 with respect to the establishment of a six-month of Via Rail services on the traditional route from Saint John to Montreal, P.Q. Wayne submitting a copy of in response to Common Council trial session for the revival -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne regarding the possible closure of the Dr. William F. Roberts Hospital School, which is located on Sand Cove Road, recommending that she be authorized to contact The Honourable Nancy Clark-Teed, Minister of Social Services, to request that she meet with Common Council and representatives of the Saint John Board of Trade with regard to the possible closure of this Hospital School and explain the Province's position in this matter -- be received and filed and the recommendation adopted: lo.. " 2~41 AND FURTHER that a meeting be requested with The Honourable John Gallagher, Minister of Health, with respect to the future of Centracare. Question being taken, the motion was carried. . Read a letter from Councillor Vaughan expressing the opinion that promotional material should be made available to teams representing the City of Saint John at sports events at the Maritime, national and international level. Councillor Vaughan re-iterated that teams representing the City should be provided with promotional material suitable to exchange or give to other teams and she suggested that a portion of the funds utilized to provide promotional literature be allocated to providing pins, stickers, etc. On motion of Councillor Vaughan 1 Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager and staff of Tourism and Public Relations and Recreation and Parks Departments for report and recommendation. Question being taken, the motion was carried. On motion of Councillor M. Vincent 1 Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor M. Vincent regarding the extension of school bus service to Morrison Road, expressing the understanding that the District 20 School Board will provide such service on the condition that the City of Saint John establishes an area at the end of Morrison Road where the school bus can turn and also that the City would keep this area free and clear, for example in the winter months, so that the bus would be able to travel the road in question, recommending that this matter be referred to the City Manager and appropriate staff for assessment and that the results of the assessment be reported to Council for a decision and that the results of Council decision be forwarded to the School Board and citizens group in the area -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, authority be granted for the placement of an order with Fundy Petroleum Services Ltd., at the quoted price of $3,797.38 for the necessary parts and approximately $900.00 labour plus applicable taxes, for the supply and installation of the necessary parts to repair the in-ground hoist at the City's maintenance garage on Rothesay Avenue. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Demonts Street Water & Sewer Construction J. K. Construction Ltd. Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated January 24, 1984 Final holdback release $ 77,862.00 65,102.50 Nil 63,149.44 $ 1,953.06 . 2. Air Diffusers & Pipin~ Bourque's Welding Co. Ltd. Original estimated value of contract $ 62,525.33 Total work done, Estimate Number 4 62,147.67 Retention Nil Payments previously approved 52,825.52 Sum recommended for payment, Progress Estimate Number 4, dated January 23, 1984 $ 9,322.15 I Final holdback release 3. Pedway System - City Hall Section Rocca Construction Ltd. To construct pedway Original estimated value of contract $ 551,000.00 Total'work done, Estimate Number 10 530,224.88 Retention 12,208.70 Payments previously approved 440,313.75 I Sum recommended for payment, Progress Estimate Number 10, dated February 14, 1984 $ 77,702.43 Partial holdback release 4. Colpitts Subdivision Sanitary Sewer and Lift Station Que-Mar Construction (Maritimes) Limited Supply and install approximately 4750' of 12" , 8" & 4" sewer pipe and one sewage lift station, plus all appurtenances Original estimated value of contract $ 189,128.00 . Total work done, Estimate Number 2 190,950.21 Retention Nil Payments previously approved 189,168.36 Sum recommended for payment, Progress Estimate Number 7, dated February 6, 1984 $ 1,781.85 Final holdback release .J ,.... ~,~~ 5. Millidgeville Waste Water Treatment Plant - Contract #4 Rocca Construction Ltd. Original estimated value of contract Total work done Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 15, dated February 17, 1984 Partial holdback release $5,198,000.00 5,057,268.19 43,700.00 4,291,746.96 $ 721,821. 23 . Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb 1 RESOLVED that the letter from the City Manager regarding the request of the Canadian Corps of Commissionaires for hourly rate increases for parking meter personnel, which was discussed at Council's last meeting, noting that commissionaires and sergeants are currently paid a basic hourly rate of $5.94 and $6.49, respectively, for which the City is invoiced at a rate of $7.19 and $7.86, respectively, and recommending that the proposed 1984-1985 hourly wages be approved as follows:- commissionaires -- basic rate $6.24, invoice rate $7.48; and sergeants - basic rate $6.79, invoice rate $8.14, such wages representing increages of 4% and 3.6% over 1983-1984 be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from the City Manager regarding a request of Mr. Terrence W. Hutchinson, solicitor for Marguerite and Eugenie Michaud, for an easement permitting the encroachment of a portion of the stairs leading to the front door of the Michaud dwelling on Carmarthen Street, recommending the adoption of the submitted resolution, which was prepared by the Legal Department. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and in consider~ c ) ation of the payment of $1.00, the Mayor and Common Clerk be authorized to execute an easement in favour of Marguerite and Eugenie Michaud to permit the encroachment of their building located at civic number 99 Carmarthen Street upon that street, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. 1 Consideration was given to a letter from the City Manager regarding the former Reserved Street between Thorne and Rothesay Avenues, which was closed by By-law enacted on January 30, 1984, following agreement of purchase and sale dated October 1983 between the City and Doane Raymond Limited as Receiver- Manager of Roy M. Lawson Limited, however the intention to convey such street, upon its closure, to Doane Raymond for the sum of $1.00 has not been expressed by Council resolution and, as this company has now transferred its, interest in same to Universal Industries Limited, which operates a General Motor dealership at this site, the latter company now requires a quit claim deed to the former Reserved Street, and recommending Council's adoption of the submitted resolution, which was prepared by the Legal Department. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and in con- sideration of the payment of $1.00, the Mayor and Common Clerk be authorized to execute a quit claim deed in favour of Universal Industries Limited for the former Reserved Street, as shown upon a plan entitled "Compiled Plan of Property of Roy M. Lawson Ltd.", dated March ,24, 1983, prepared by Murdoch-Lingley Limited and signed by Carl A. Laubman, N.B.L.S. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the proposal of A & M Appliance Service Ltd., as amended in the submitted report from Mr. W. Todd, Deputy Commissioner of Housing and Renewal Services and Property Management, be accepted for the provision of laundromat services for Harbourside Apartments, and that the Mayor and Common Clerk be authorized to execute the necessary agreement with this Company on behalf of the City of Saint John. 1 Question being taken, the motion was carried. On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that the guidelines for the Visitor and Convention Bureau have been completed and will be presented to Council at its next meeting, together with a detailed report on occurrences in other cities across Canada in this regard, be received and filed. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor regarding demolition judgments on properties at 49-51 Exmouth Street, 77 St. James Street, 6 Middle Street and 8 Middle Street, the latter two having been considered by Council at its last meeting, advising Council on the status of such judgments, as well as on matters regarding other actions which were commenced and subsequently resolved without the necessity of going to trial and actions which have been started but have not yet been concluded one way or the other, with others being prepared for court action, be received and filed. . lo.. ~~lli ~ A brief discussion ensued regarding the property at 77 St. James Street, which is noted in the above letter as having been sold at a tax sale, and whether or not the City was notified of the pending sale, and Mr. Rodgers advised that he will review this matter in an attempt to determine where the communication breakdown occurred with respect to such notification, as well as to determine . the possibility of collecting the outstanding demolition costs of the 'subject property in view of its having been sold. (Councillor Poley withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a one hundred metre westerly extension to the Potash Terminal site from Unclassified Harbour Area to Port classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "By-Law Number C.P. 100-3 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 100 metre westerly extension to the Potash Terminal site from Unzoned Harbour Area to "T" Transportation 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. 100-3 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Qustion being taken, the motion was carried. 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 begs leave to report that it sat on Monday, the thirteenth day of February, A.D. 1984, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That Mark Latour, doing business under the name of Phoenix Restorations, be leased approximately 1,762 square feet of space on the ground floor of the Old Provincial building at 47 Princess Street, as shown on the submitted plan, under the following terms and conditions:- (1) the rental to be' $300.00 per month payable in advance; (2) the lease to be on a month-to-month basis; (3) the City to be responsible for heat, electricity, maintenance of the exterior of the building, to replace the latch on the front door and to repair the fallen ceiling in the back room; (4) the lessee to be responsible for general maintenance of the interior, including cleaning, painting, decorating, garbage removal and cleaning the windows; and (5) that a study be made of the parking situation in an attempt to provide an area for his customers to park while loading and unloading. 2. That with regard to the request of Mr. Leonard Duffy to purchase property off Summit Drive, Council approve the recommendation of the City Manager that Mr. Duffy be advised that the land is not available as the deed to same contains a restrictive convenant which prevents it being used for other than open space and other public purposes. 3. That with regard to the request of Mr. Richard Ritchie to purchase property off Lakeview Drive, Common Council approve the recommendation of the City Manager that Mr. Ritchie be advised that his offer of $4,500.00 for the subject parcel of land is unacceptable, and further that this property and others acquired for the Eastern Arterial be advertised and offered for sale at 15% above the appraised value. 4. That the following recommendations of the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, be adopted, namely:-(l) that the City agree to delete the Germain Street Crossing from the City Centre Improvements Program, and obtain written concurrence in this matter from the Developer; (2) that the City agree to extend the City Centre Improvements Project - Construction Management Agreement by 12 months to October 14, 1984, and (3) that the City approve the budget figure of $9,465,049.00 as the City Centre Improvements Program. 5. That as recommended by the City Manager, Common Council approve in principle the inclusion of the Charlotte Street Reconstruction project, at an estimated cost of $1,180,000.00, in the 1984 Capital Program. February 20, 1984, Saint John, N.B. Respectfully submitted, Elsie E. Wayne, ' Chairman. (sgd. ) On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. 1 1 . 1 . I I . ~ ,... 2j)'',? Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. above Mr. Adams, replying to a Query of Councillor M. Vincent, advised that the appraised value of the property was $11,000.00 when the property was purchased in 1981. Question being taken, the motion was carried. 1 A motion was proposed by Councillor Knibb and seconded by Deputy Mayor Davis that section 4 of the above report be adopted, however Councillor M. Vincent suggested that each part thereof be considered separately. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that section 4(1) of the above report be adopted. Question being taken, the motion was carried with Councillors Gould, Vaughan and M. Vincent voting 1 "nay". (Councillor Poley re-entered the meeting. ) On motion of Councillor Davis Seconded by Councillor Schermerhorn RESOLVED that section 4(2) of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4(3) of the above report be adopted. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Seconded by Councillor Gould RESOLVED that permission be granted for an extension of one year for the placement of a mobile home on property located on Old Black River Road, as requested by Mrs. Joan Godfrey. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from Saint John Heritage Trust Inc. requesting Common Council to postpone any decision regarding the future of the Ritchie building, which is located at the corner of Princess and Canterbury Streets, until such time as a full proposal can be submitted by the Saint John Heritage Trust Inc. and the Human Development Council concerning the use of this building as a cOillllunity services centre, and the letter from Caton Developments Ltd. advising of its negotiations with City staff regarding the purchase and sale of the Ritchie building and requesting to be given proper consideration with sufficient haste to allow this firm to apply for a Young Canada Works Grant to be used on the project -- be referred to the City Manager for a report on the status of the Ritchie building at Council's next meeting. Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. P. J. Martin expressing interest in purchasing property located on the corner of Raynes Beach Road and Dominion Park Road on which to construct a single-family dwelling, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from H. M. Heckbert expressing interest in purchasing property at the corner of Island View Drive and Ridge Row on which to construct a single-family dwelling, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mr. Francis Brown expressing interest in purchasing property in the First Loch Lamond Lake area near Ben Lamond Corner in order to expand his property for the development of a woodlot and/or garden -- be referred to the City Manager for a report and recommendation lo.. ~@~ ~ Question being taken, the motion was carried. The Mayor suggested that the item regarding the Potash Terminal sign (copies of which were forwarded to Council members as an information item), such matter having been considered at a recent . regular meeting of Council, should be added to the agenda of this meeting. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the item regarding the Potash Terminal sign be added to the agenda. Question being taken, the motion was carried with Councillor Knibb voting "nay". 1 On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the above-mentioned item be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. L(),~rJ!hiJlLlir>>d . At a meeting of the Common Council, held at the City Hall in the City of Saint John on Monday, the twenty-seventh day of February, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - 1 Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; P. Clark, Fire Chief; J. Dunham, Deputy Police Chief; C. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; D. J. French, Director of Personnel; R. Thompson, Chief of Rehabilitation Services; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend Paul Fosmark, Pastor of the Fundamental Baptist Church, offered the opening . prayer. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on February 20, 1984, be adopted. Question being taken, the motion was carried. 1 Her Worship the Mayor read two proclamations, one proclaiming the month of March 1984 as National Kidney Month in the City of Saint John in recognition of the contribution made by the Kidney Foundation of Canada to the City, the other proclaiming the week of March 4 to 10, 1984 as Human Rights Awareness Week in recognition of the efforts of the Human Rights Awareness Association to facilitate better understanding and awareness of individual and collective human rights. The Mayor referred to correspondence from the Federation of Canadian Municipalities (copies of which were forwarded to Council members as an information item), regarding the Transport Canada Committee Hearings in 'Relation to Domestic Airfare Policy, and noted that a public hearing regarding the policy and pricing of air fare will be held in Saint John on March 7, 1984. The Mayor noted that it is Council's intention, in conjunction with the Saint John Board of Trade, to submit a brief to this Committee for consideration, and she requested the City Manager to prepare and submit a brief in this regard for Council's consideration at its next meeting. I Read a letter from Councillor Knibb noting that on several recent occasions concern has been expressed about the restrictive nature of the By-Law concerning signage in the City, referring to the replacement of two attractive multi-coloured Market Square parking signs by green and white "p" signs and to the delay of Port Authority efforts to advertise its unique potash loading facilities at Barrack Point Terminal because of the rules governing off-site advertising signs, and recommending that Council appoint a committee to work with staff to secure an easing of restrictions on signage in the City of Saint John. . .... I""'" '~:5~ . 1 1 . 1 . I I . iii... Councillor Knibb noted that items regarding the above matter from Councillors Murray and Poley are to be considered by Council in Committee of the Whole later this date and suggested that such items should be considered simultaneously with the letter above. The Mayor suggested that, rather than appointing a committee which would be time consuming, this matter should be referred to Planning staff for a report at Council's next meeting as to the reason for removal of flashing signs. A motion was proposed by Councillor Knibb and seconded by Councillor Flewwelling that the recommenda~ tion in the above-mentioned letter be adopted. Councillor Poley expressed agreement with the suggestion that his item be considered at this time and noted that it concerns one particular incident which indicated to him that staff was not taking action to have a blinking sign, which apparently was in violation of the Zoning By-Law, removed from City property or made to comply with the said By-Law, yet a person in the community was told that he could not erect an intermittently-illuminated sign, and he expressed the opinion that, if regulations are not enforced uniformly, they should be removed from the subject by-law. Councillor Poley added that he would support the suggestion that a staff report be requested, as opposed to the establishment of a committee at this time. Councillor Gould suggested that discussion should also be held with members of the Preservation Review Board as problems are being experienced with signs within the Trinity Royal area. Councillor Murray advised that his views have been expressed by Council and that his item can be removed from the Committee of the Whole agenda. The above-proposed motion was withdrawn. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that in response to items on this agenda of Council from Councillors Knibb, Murray and Poley, staff be requested to suhmit a report at Council's next meeting with regard to signage, including mobile signs and other permanent signage, such report to include information with respect to regulations now in effect and what changes could be made to liberalize the present regulations. Councillor Murray suggested that, prior to submitting a report to Council, staff should attempt to obtain the opinions of business persons in the City with regard to signage, particularly those persons who have already invested funds in mobile signs who could be affected by any changes in regulations. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of following construction progress certificate, namely:- 1. Chain Link Fencing 1983 Fundy Fencing Limited Fencing at various sites Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated February 23, 1984 Partial holdback release $46,494.84 45,284.55 1,358.54 38,491. 87 $ 5,434.14 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding various portions of Canada Ports Corporation property for which the City pays a yearly rent for such use as easements, roads or embankments, recommending that the Mayor and Common Clerk be authorized to execute the submitted memorandums of agreement with Canada Ports Corporation, which will extend the subject leases at the stated rent for the year 1984 as follows:- (a) Lease s-188 (2) - $650 sq. ft. sewer easement - $467.00; (b) Lease S-190 (1) - 4,855 sq. ft. sewer easement - $853.00; and (c) Lease S-192 (2) - 9,360 sq. ft. embankment - $597.45; and that the new rental of $299.00 per annum for 1984 and 1985 covering a water and sewer easement on Water Street be approved -- be received and filed and the recommendation adopted. Councillor Flewwelling expressed the opinion that negotiations should be undertaken with the Port regarding the above agreements and referred to a matter involving employees of the Sugar Refinery being requested to refrain from parking adjacent to a fence abutting on Port property and suggested that this problem could be one of the matters negotiated. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of the payment schedule which is prepared and executed each year in accordance with the Provincial Highway Maintenance Policy, recommending that the Mayor and Common Clerk be authorized to execute Schedule "A" of the Highway Winter and Summer Maintenance Agreement which is revised to January 1, 1984 -- be received and filed and the recommendation adopted. Councillor M. Vincent questioned if the $466,267.53 grant is considered adequate for the maintenance or the Provincially-designated highways in the area to which Mr. Robichaud replied in the affirmative. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the proposal of Regional Realty Ltd. for the development of the Water Street office building site, which was accepted by Council at its meeting of January 3, 1984, recommending that, as requested by Regional Realty Ltd. and as agreed to by the Urban Renewal partnership, the date for receiving the proposal for the Water Street office site from the said company be extended from March 15, 1984 to May 15, 1984 -- be received and ~iled and the recommendation adopted. """IIIl 27@ Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding Common Council resolution of September 27, 1976 which approved the sale of property known as Site "L" on the corner of Metcalf Street and Lansdowne Avenue to C.G.M. Holdings Ltd., such agreement being contingent upon final approval of the development scheme by the appropriate government officials, with C.G.M. Holdings Ltd. having been unable to provide a viable development which would receive such approval despite this company's having incurred considerable costs and time in its endeavours, advising that the said company has recently requested the return of its $7,410.50 deposit, such request considered justifiable insofar as the Co-ordinating Committee is concerned, and recommending that the resolution of September 27, 1976 authorizing the sale to C.G.M. Holdings Ltd. be rescinded and the subject deposit of $7,410.50 be returned to this company -- be received and filed and the recommendation adopted. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a letter from The Honourable Charles Gallagher, Minister of Health, regarding the availability of a grant of $10,000.00 towards the purchase of an ambulance, as well as a copy of a joint letter from Messrs. D. Wilson and T. Totten giving details of such grant, and recommending that the invoice from the Saint John Regional Hospital, in the amount of $27,965.50, be approved for payment and that the Mayor and Common Clerk be authorized to execute the agreement with respect to a $10,000.00 grant from the Department of Health -- be received and filed and the recommendation adopted. 1 During ensuing discussion, Mr. Wilson expressed the understanding that the ambulance to be purchased will replace a 1975 model which was sold at a City auction and that, as such purchase will be made through the Regional Hospital, it will be exempt the Federal sales tax. . Question being taken, the motion was carried. Consideration was given to a letter from the City Manager recommending adoption of four submitted resolutions for submission to the Annual Conference of the Federation of Canadian Municipal;">_" ities to be held in Winnipeg, Manitoba from June 3 to 7, 1984, such resolutions to be submitted by March 2, 1984. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the following resolution be adopted for submission to the said Federation of Canadian Municipalities Conference, namely:- 1 "WHEREAS there are many historic buildings and edifices which are significant in the life and growth of towns and cities and to the fabric of our country; and WHEREAS many of these buildings need major restoration if they are to continue to serve new generations of urban dwellers; and WHEREAS such restoration projects generate substantial employment and are of lasting benefit to citizens and visitors alike; and WHEREAS existing employment programs are not tailored for municipal use and contain restric~'o,; tions which inhibit a municipality in undertaking such restorations: BE IT THEREFORE RESOLVED that Federal and Provincial Governments be and fund a program for restoration of historic municipal buildings, including ities to tender out such projects.". requested to design the ability for municipal;"icc . Councillor Poley noted the reference to historic municipal buildings and suggested that it should indicate historic buildings in municipalities to which the Mayor replied that such funding would be used to restore the City's historic municipal buildings. The Mayor advised that it is the intent for mayors from the Atlantic Region, in attendance at this conference, to review resolutions which pertain to this Region prior to the FCM conference in order to put forth a united support of same. Question being taken, the motion was carried with Councillor Poley voting "nay". 1 On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the following resolution be adopted for submission to the said Federation of Canadian Municipalities Conference, namely:- "WHEREAS the Federal Government has set up a Task Force to consider deregulation of the Canadian Airline Industry; and WHEREAS such deregulation in the long term threatens the routing and scheduling of airline services to many small and medium-size cities; and I WHEREAS such potential reduction of services, combined with the already-reduced rail passenger transportation service, puts severe constraints upon the economic future of many Canadian cormnunities: BE IT THEREFORE RESOLVED that the Federation request assurances from the Federal Government that existing routing and scheduling will be maintained as a Federal Policy.". ,. . ~ I"'" '2~il . 1 1 . I . I I . lo.. Councillor Poley expressed the oplnlon that to request assurance from the Federal Government that existing routing and scheduling will be maintained can only be done by no deregulation and he expressed opposition to the above resolution in its present form. The Mayor expressed the opinion that, although lower air fares are desirable, they are not wanted at the expense of routes being eliminated. Deputy Mayor Davis concurred with Councillor Poley that the above resolution is requesting deregulation yet is requesting regulations to ensure a certain minimum number of flights to Saint John and he suggested that Council should have information on the number of persons utilizing the various air flights in the City and should not assume that flights will be cancelled. The Mayor suggested that this matter be tabled for one week in view of the questions posed and requested the City Manager to submit a report to Council on this matter. On motion of Councillor Davis Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for one week. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the following resolution be adopted for sub- mission to the said Federation of Canadian Municipalities Conference, namely:- "WHEREAS municipalities in economically-disadvantaged regions of Canada rely upon grants from Provincial Governments; and WHEREAS the Provincial Governments upon which they rely are experiencing cutbacks in the level of Federal Transfer Payments effecting the Province's ability to allocate resources to the various municipalities; and WHEREAS this lack exacerbates the scarcity for such municipalities: BE IT THEREFORE RESOLVED that the Federal Government be requested to make provision so that the level of services provided by such municipalities can be maintained.". Councillor Knibb referred to the community services program, which at one time was funded by the Federal Government, and suggested that specific mention should have been made to this program in the above resolution, and he questioned what other programs were removed which created problems for the City. Mr. McDermott replied that the removal of both the community services program and the neighbourhood improvement program has caused difficulty for the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the following resolution be adopted for submission to the said Federation of Canadian Municipalities Conference, namely:- "WHEREAS the majority of Canadians are urban dwellers; and WHEREAS the maintenance and expansion of urban services is essential to our society; and WHEREAS no one department of government is charged with the development and execution of urban programs: BE IT THEREFORE RESOLVED that the Federal Government be requested to re-establish the Ministry of State for Urban Affairs or such other Ministry, to be charged with responsibility for Urban Affairs.". Councillor Poley expressed opposition to the above motion on the basis that government, generally, is too large and that he prefers no increase in Federal Government departments, and he suggested that the practice of lobbying should be continued in order to accomplish municipalities' needs. Councillor Poley noted that the meeting at which proposed resolutions for the FCM conference was requested was sometime ago, yet such resolutions are now before Council for submission to FCM by March 2, 1984 allowing inadequate time for Council to debate same, particularly in view of the fact that such matters may subsequently be presented to the Federal Government and, as such, Council should be united on same. The Mayor noted that the impor- tance of the re-establishment of the subject Ministry was broached at the recent meeting of the Cities of New Brunswick Association, as well as at the recent meeting of the Atlantic Region Mayors. "nay". Question being taken, the motion was carried with Councillors Murray, Poley and M. Vincent voting Councillor Flewwelling suggested that a resolution should be prepared for submission to the FCM with respect to the heavy charges imposed by CN and CP Rail on Via Rail for the use of right-of-ways whereupon the Mayor referred to the correspondence discussed at Council's meeting of February 20, 1984 at which time it was noted that a decision is anticipated from The Honourable Lloyd Axworthy, Minister of Transport, in March 1984 and, if such decision is not what is desired, there will be adequate time to prepare a resolution for submission to the June meeting. In response to a query of the Mayor as to who on Council will be in attendance at the June meeting, Deputy Mayor Davis and Councillor Flewwelling indicated interest in attending. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that the Residential Rehabilitation Assistance Program (RRAP) was successful in 1983 in the five designated RRAP areas with a total of 69 homeowners and 180 rental units having been accommodated by such program and a total of $860,374.00 having been received from Canada Mortgage and Housing Corporation for the work accomplished in the RRAP areas, and recommending that Common Council request Canada Mortgage and Housing Corporation to increase the City's allotment for the year 1984 and to approve more designated areas for the RRAP Program for the year 1984 -- be received and filed and the recommendation adopted. Discussion ensued during which time Mr. Thompson advised that it is hoped to extend the RRAP area in both the west and east side of the City, as well as to Douglas Avenue, should CMHC approve the re~uest 212 ~ for additional designated areas and further that the City is expected to receive an agency fee from CMHC in the area of $65,000.00 to $75,000.00 with regard to the 1983 RRAP program. The Mayor suggested that a brief should be submitted to CMHC in support of the above motion to which the City Manager advised that a fully-detailed presentation has been prepared. Question being taken, the motion was carried. (Councillor Murray withdrew from the meeting.) Read a letter from the City Solicitor regarding a demolition judgment registered in the Saint John County Registry Office in November 1983 for demolition costs incurred by the City in the amount of $2,237.00 with respect to a property owned by Joseph B. Richard and Pamela Richard at 49- 53 Exmount Street, submitting a resolution for Council's consideration in accordance with a 1978 amendment to the Saint John Building Act, 1925, which provides a procedure whereby the City can obtain title to such property. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS the City of Saint John demolished a building at 49-51 Exmouth Street in the City of Saint John pursuant to the provisions of the Saint John Building Act, 1925, Chapter 62 of 15 George V, 1925, at a cost of $2,237.00, the property being more particularly described in a deed registered in the Saint John County Registry Office on March 8th, 1978 in Book 842 as number 274932 at pages 498-504: ' AND WHEREAS the City of Saint John obtained a judgment against Joseph B. Richard and Pamela Richard, owners of the fee simple, and registered a memorial of judgment in the Saint John County Registry Office on November 4th, 1983 in Book 1026 as number 311736 at page 71, and the debt remains unpaid: IT IS HEREBY RESOLVED that the debt remains unpaid: IT IS FURTHER RESOLVED that a certified copy of this resolution be registered in the Saint John County Registry Office.". Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) On motion of councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from Low Density Residential to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-4 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar 'as it concerns re-zoning a parcel of land located at 341 Loch Lomond Road (L.R.I.S. Number 313791), containing approximately one acre with frontage of 208 feet on the northern side of Loch Lomond Road opposite the entrance to the Irving Oil Refinery, from "RS-2" Suburban Residential to "1-2" Heavy Industrial 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 on the condition that the use of the above property be limited to a vehicle storage compound, not including auto wrecking or auto salvage, and that the development take place in accordance with the proposal that has been submitted. (Councillor Murray re-entered the meeting.) The by-law entitled, "By-Law Number C.P. 100-4 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 with Councillor M. Vincent voting "nay". (Councillor Poley re-entered the meeting and Councillor Vaughan withdrew.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-5 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns adding "senior citizens housing in association with a group care facility and subject to the unit size requirements of Section 310(3) (g)" to the list of permitted uses in Section 410(1) (a) Neighbourhood Institutional and Section 420(1)(a) Major Institutional, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-5 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. . 1 1 . 1 . 1 I . ~ II""" 2?~ . 1 1 . 1 . I 1 . lo.. Consideration was given to the request of the Saint John University Women's Club for financial assistance with respect to hosting the council meeting of The Canadian Federation of University Women in Saint, John on August 15 to 18,1984, which was tabled at Council's meeting of February 13,1984. The Mayor advised that she has been informed by the City Manager that the committee reviewing the grant structure expects to submit its report to Council at its next meeting and she suggested that the above matter be tabled for one week. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillor Murray voting "nay". 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 begs leave to report that it sat on February 20, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the application from Tourism New Brunswick for grant assistance with respect to hosting the annual Federal-Provincial Parks Conference, to be held in Saint John during the week of August 13, 1984, be denied. 2. That as recommended by the City Manager, Mr. C. E. Nicolle be appointed to the Board of Trustees of the Civic Employees' Pension Plan, pursuant to Section 3(2)(e) of the City of Saint John Pension Act. 27 February, 1984 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted. Councillor Murray expressed opposition to the above motion on the basis that, in his opinion, it is an example of an event which the City is obligated to co-sponsor with the Province of New Brunswick. Question being taken, the motion was carried with Councillors Murray and M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the Planning Advisory Committee, the proposed amendments to the Zoning By-Law, as set out in the submitted report of the Planning Branch, be approved and the necessary advertising be authorized in this regard, with the public hearing to be held on April 2, 1984. At the request of the Mayor, Mr. Winch briefly explained that the majority of the above-proposed mnendments are basically to correct a number of minor discrepancies and errors resulting from the transition from the old Zoning By-Law to the new Zoning By-Law recently enacted by Council, and he also explained several of the amendments proposed in the submitted report. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the 1983 Annual Report of The Saint John Tourism Advisory Committee be received and referred to the next Committee of the Whole meeting of Council for discussion with the anticipated report regarding a visitor and convention bureau. (Councillor Gould withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Davis RESOLVED that the letter from the Saint John Environment Committee recommending that, in order to assist this Committee in its efforts for a better environment, a day be officially designated as Arbour Day for the City of Saint John, and following such designation this Committee will take every effort to promote such day -- be received and filed, that Common Council endorse the designation of such a day and refer this matter to the City Manager and the Environment Committee for further details and a recommendation of a date on which to hold Arbour Day. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) On motion of Councillor Schermerhorn S~conded by Councillor Knibb RESOLVED that the letter from Clark, Drummie & Company, solicitors 274 ~ for B & R Investments Ltd. which is the owner of a block of land having an area in excess of five acres fronting on the westerly side of Rothesay Road and the northerly side of Drury Cove ~oad, submitting a reduced-sized copy of a tentative subdivision plan of such property which was prepared in 1978 for the former owner, East Coast Enterprises Ltd., such company having the same principals as those of B & R Investments Ltd.; advising that, prior to B & R Investments Ltd. accepting an offer to purchase Lot 6 shown on the said subdivision plan, there are a number of formalities which would have to be resolved, the more important formality being the approval of that particular lot for subdivision purposes; noting that Council has previously considered and denied similar requests in respect of such property, the most recent denial having been made by Common Council resolution of August 28, 1978, with a previous denial having been made on January 3, 1978, however B & R Investments Ltd. is of the opinion that there have been changes since 1978, which are outlined herein, which warrant a re-application for subdivision approval and a reconsideration of this matter by Common Council; stating that the proposed purchaser intends to use Lot 6 for purpose of construction of a building in which to carryon a furniture upholstery operation, which woUld require no new streets or other services or facilities, and that satisfactory arrangements have or can be made for the supply of electric power, water, sewage, streets or other services or facilities, and requesting that Common Council revoke the resolution enacted on January 3, 1978 and provide to the Planning Advisory Committee the required consent or approval needed under Section 28 of the Subdivision By- Law to permit a subdivison plan for Lot 6 to be approved -- be referred to the City Manager and Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the letter from the Board of School Trustees, School District Number 20, advising that Mr. John L. Nugent was appointed the Board's representative on the Aquatic Centre Steering Committee -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. J. H. Wilcox expressing concern that the City's inflation rate was 7.9% for the month of January 1984 whereas the average for Canada as a whole was 5.3%, which means that Saint John's inflation rate is 48% greater than the national average, and expressing the opinion that taxpayers should be entitled to an explanation -- be referred to the City Manager and Mr. E. Farren, Executive Assistant to the City Manager, for a report at Council's next meeting. The Mayor suggested that staff should also review the unemployment situation when dealing with the above matter. Question being taken, the motion was carried. Read a letter from the North End Family Housing Co-Operative Ltd. regarding the condition of a building situated at 97 Victoria Street. A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that the above matter be referred to the Building Inspector, however the Mayor suggested that Mr. Johnson be requested to comment on this matter at this time. Mr. Johnson advised that the subject property has been the source of problems for a number of months and that it is currently on the list submitted to the Legal Department for title search, and further that he anticipates that, unless some action is taken by the owner, the matter will be before Council within six weeks under the 1925 Building Act. On motion of Councillor Knibb . 1 I . 1 Seconded by Councillor Gould RESOLVED that the letter from North End Family Housing Co- Operative Ltd. regarding a building situated at 97 Victoria Street, expressing concern that such . building represents a fire hazard, as well as a safety hazard, to residents of the area, expressing the opinion that this building should be demolished and requesting that action be taken in this regard -- be received and filed and this group be advised that this matter is currently under review by the Building Inspector. Councillor Poley noted that it is difficult to determine from the copy if the above letter includes the signature of the writer whereupon the Common Clerk confirmed that the original letter bears such signature. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Ted Vasilopoulos expressing interest in purchasing property adjacent to his property at the corner of Ridge Rowand Island View Drive for use as a green area -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Fernhill Cemetery Company Limited for re-zoning of property located on Rothesay Avenue, between the Medjuck's building and the Fernhill Cemetery entrance, be referred to the Planning Advisory Committee for a report and recommenda- tion, and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 2, 1984. Question being taken, the motion was carried. 1 I . ~ JII"'" 21.?5 . The Mayor referred to the letters from The Saint John District Labour Council and C.U.P.E. Local 813, Saint John Regional Hospital regarding the reduction in transit service, and suggested that, as Council is meeting with the Transit Commission later this date in Committee of the Whole, such correspondence should be referred to such meeting. On motion of Councillor Schermerhorn 1 Seconded by Councillor Davis RESOLVED that the letter from The Saint John District Labour Council requesting permission to present, at this meeting of Common Council, a petition from the citizens of Saint John in opposition to any cut back in City transit service, and the letter from members of C.U.P.E. Local 813, Saint John Regional Hospital, expressing opposition to the Saint John Transit Commission's planned reduction in transit service, expressing the opinion that, as many of Local 813's members depend on the transit service as the only means of getting to and from work, such reduction would pose a very serious hardship to hospital workers -- be referred to Committee of the Whole for consideration later this date dlITing Council's meeting with the Transit Commission. Question being taken, the motion was carried with Councillors Gould, Poley and M. Vincent voting "nay". On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 'fluv,; ~f1~~d/ . At a meeting of the Common Council, held at the City Hall in the City of Saint John on Monday, the fifth day of March, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan - and - 1 Messrs. N. Barfoot, Assistant City Manager; F. Rodgers, City Solicitor; D. Wilson, Commi5sioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; J. Dunham, Deputy Police Chief; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; W. Todd, Executive Director of Housing; C. McGill, Convention Officer; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Roy Austin of the Church of the Nazarene offered the opening prayer. On motion of Councillor Flewwelling . February 27, 1984, be adopted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on Mr. Barfoot, replying to a query of Councillor Poley, advised that the report on signage, which was requested at the above meeting, is being prepared and should be ready ,for submission at Council's next meeting. Question being taken, the motion was carried. 1 The Mayor noted that Mrs. Jo Anne Claus has accepted a new position in the City and has therefore resigned her position with Loyalist Days Inc., and suggested that Mrs. Claus should be formally thanked for her services to the City and for her accomplishment in bringing the Loyalist Days festival to its current standard. Her Worship the Mayor commented on Saint John's participation in "Discovery '84", a trade show which was held in Moncton on March 3 and 4, 1984, and commended City staff and all others concerned who assisted in this event. I The Mayor referred to the recent issuance of 1984 property tax assessments by the Province of New Brunswick which are representative of what she understands is an across-the-board increase in same, and advised that the City has been reviewing the process by which property assessments are performed, such review which will result in a brief being submitted to Council for consideration and possible submission to the Province of New Brunswick, which will include recommendations to possibly provide for a fairer process of assessment for all concerned. . The Mayor alluded to statements which indicated that a decision had been made prior to Council's last regular meeting as to the disposition of two letters regarding transit service reduction which were to be considered by Council at that meeting and clarified that it had been her request, as Mayor, that Council receive and file the said letters and discuss the matter with the Transit Commission. The Mayor read a motion which was adopted in Committee of the Whole on February 27, 1984, such motion advising The Saint John District Labour Council that, if such Council has any further comments relative to reduction in transit service, it should contact the Saint John Transit Commission. The Mayor noted that no personnel lay-off has resulted from the reduction in transit service and, although persons may be subjected to a thirty-minute additional waiting period for a bus, the number of persons expected to be affected was weighed against the cost of maintaining the transit service and it was found that, in some instances, subsidization in the amount of $500.00 and $1,000.00 per person was involved. The Mayor suggested that, possibly, the reduction in transit service should have occurred earlier than what is proposed. lo.. 276 ~ The Mayor referred to the recent loss of two major shipping lines to the Port of Saint John, namely Barber Blue Sea and Atlantraffik Express Service Inc., and advised that the Saint John Port Development Commission and Port of Saint John have been vigorously working to replace this business . and, as well, are currently working to attract three new shipping lines to the Port of Saint John. The Mayor alluded to recent public statements regarding the repair of a guard rail on the north end of Glenview United Church and read a letter she received from Reverend H. Arthur Murray in this respect, such letter explaining that this guard rail was repaired, some time ago, by a work crew from the City of Saint John Works Department after this rail had collapsed under pressure from snow which was pushed back from City streets and accumulated thereon and advising that at no time was the former Mayor, present Mayor or any member of Common Council asked to intervene on the Church's behalf and the rail, which was broken by the City, was repaired to the satisfaction of all concerned. Councillor Poley referred to the Mayor's comments regarding the reduction in transit service I and expressed the opinion that, based on his understanding that The Saint John District Labour Council was desirous of presenting a petition in this respect signed by a significant number of persons, Common Council should accept such petition as it is the people's right to present their petitions to Council. The Mayor re-iterated her opinion that it would be better for this group to present such petition to the Transit Commission. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that a letter of appreciation, on behalf of Common Council, be forwarded to Mrs. Jo Anne Claus for her contribution to the success of Loyalist Days Inc. I Question being taken, the motion was carried. The Mayor suggested that an item regarding the position of Acting Chief of Police for the Saint John Police Department, which was considered by Council in Committee of the Whole earlier this date, should be added to the agenda at this time. On motion of Councillor Flewwelling . Seconded by Councillor Vaughan RESOLVED that the above-noted item be added to the agenda and considered at this time. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that whereas the Common Council is presently searching for a Chief of Police to replace its present Chief of Police pending his retirement, and whereas the present Chief of Police is on sick leave, therefore be it resolved that Council appoint Deputy Chief I Charles Breen to the position of Acting Chief of Police for the City of Saint John and that he be paid an annual salary of $45,300.00 during this period of time. The Mayor, replying to a request of Councillor Murray that an explanation be given for the Senior Deputy Chief of Police not being considered for the above acting position at this time, advised that it was considered more feasible to place in an acting capacity a person who has not applied for the position of Chief of Police. Question being taken, the motion was carried. The Mayor read an advertisement which will placed in newspapers this week with respect to the City's request for interested executive search companies, with national connections, to submit proposals regarding the selection of a Police Chief for the City of Saint John, such proposals to be submitted by March 15, 1984, and she added that all persons who have already applied for the subject position will be receiving a letter from the Director of Personnel stating that they should reapply . should they wish to be considered for this position. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from the Mayor submitting a copy of a schedule for a conference regarding energy conservation to communities to be held in CFB Gagetown on March 14, 15 and 16, 1984, be referred to the City Manager and he be directed to arrange for a staff person to attend this conference. Mr. Barfoot advised that it is his understanding that arrangements have been made for the City to be represented at the above conference and he noted that the City performed work in the area of energy conservation in the City's fire halls approximately three years ago. 1 Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne expressing the understanding, based on discussion at a meeting with the New Brunswick Bicentennial Committee, that most City businesses have the Bicentennial logo on their letterheads and recommending that this policy be adopted by the City and that the City Manager be instructed to incorporate the Bicentennial logo on all City stationery immediately -- be received and filed and the recommendation adopted. I Councillor Schermerhorn questioned if existing stationery stock will be used prior to purchasing new stationery to which the Mayor advised that she has been informed by the City Manager that decals displaying the Bicentennial logo can be obtained and placed on the current stationery supply. Councillor Murray suggested that consideration should be given, prior to ordering stationery supplies for 1985, to include on same the 1985 Canada Summer Games logo. . Question being taken, the motion was carried. ~ I"'" 277 On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Gary F. McCauley, M.P., Moncton, regarding the maintenance of the intra-regional subsidy, be received and filed and that Mr. McCauley be thanked for his attention in this matter. Her Worship the Mayor noted that Mr. McCauley indicates in the above letter that the intra-regional freight rate subsidy will be retained. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. David J. Hayes, Project Manager of the New Brunswick Division of the Canadian Paraplegic Association, outlining the objectives and anticipated goals of a project of this group entitled "The Trans- portation Needs of the Disabled", be received and filed and Mr. Hayes be thanked for his letter in this regard. I Question being taken, the motion was carried. Consideration was given to a letter from Councillor Flewwelling requesting information concerning his previous inquiry to staff as to the control of City vehicles. . Councillor Flewwelling referred to his suggestion at Council's meeting of October 17,1983 that all City vehicles, namely, staff cars, vans and pick-up trucks, should be pooled in order to provide for greater use, control and efficiency of operation of same, and noted that, to date, the requested report from the City Manager has not been submitted to Council for consideration. Councillor Flewwelling re-iterated his suggestion that a pooling system for vehicles should be established and, reading from a prepared report, he related his understanding, based on the 1984 establishment and the number of City vehicles indicated in the City Manager's previous report to Council, of the number of such vehicles assigned to various City departments and the number of staff therein who may utilize same, following which he suggested that this matter be referred to the City Manager for review and report with respect to establishing a pooling system for City vehicles. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for review and report to Council. Question being taken, the motion was carried. 1 , The Mayor suggested that Council consider the report of the Housing Policies Committee, entitled "Housing Opportunities in The 80's for The City of Saint John", at this time and she requested that Mr. Travis Cushing, Chairman of this Committee, address Council in this regard. Mr. Travis Cushing addressed Council and briefly referred to the events leading up to the establishment of the Housing Policies Committee, this Committee's mandate and its activities resulting in the submitted report. Mr. Cushing noted the presence in the Council Chamber of members of this Committee, namely:- Messrs. P. Darrah, M. Thompson and K. Winsor, and highlighted the contents of the said report, referring to the various recommendations therein. Mr. Cushing expressed the opinion that, to take advantage of these recommen- dations Council must act firmly and decisively and must have the wholehearted support of its staff in planning, promotion and development of same. . Councillor Knibb commended the members of the Housing Policies Committee for their report and asked Mr. Cushing if he concurs with the staff's suggestion that priority must be given to establishing a new housing steering committee. Mr. Cushing noted that the number one concern of the citizens of Saint John has been met that being the Province's endorsement of the City's Minimum Standards By-Law and now it is the City's responsibility to enforce same, and he concurred that there is an urgency in appointing a new housing committee. Deputy Mayor Davis expressed the opinion that an atmosphere should be created in the City that will welcome developers thereby breaking down any barriers which exist or appear to exist in the City and he suggested that it should be the first task of the proposed committee to examine the recommendations in the submitted report and proceed at once to develop such an atmosphere. Mr. Cushing noted that one of the major recommendations in this Committee's report is that the City must ensure that developers perceive that the City wants development and that every possible effort is made to make builders and developers know they are welcome, however that does not mean that standards should be discarded but it does mean that there should be a co-ordinated approach by the City having one person on staff whose designated responsibility is to attempt to expediently accommodate developers who submit proposals to the City. The Mayor thanked Mr. Cushing for his presentation and advised that Council will render a decision later in this meeting. I Consideration was given to a proposed resolution regarding deregulation of air services for submission to the Annual Conference of the Federation of Canadian Municipalities to be held in Winnipeg, Manitoba, June 3 to 7, 1984, which was tabled at Council's last meeting. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the following resolution be adopted for submission to the said Federation of Canadian Municipalities conference, namely:- "WHEREAS the Federal Government has set up a Task Force to consider deregulation of the Canadian Airline Industry; and WHEREAS such deregulation in the long term threatens the routing and scheduling of airline services to many small and medium-size cities; and . WHEREAS such potential reduction of services, combined with the already-reduced rail passenger transportation service, puts severe construaints upon the economic ~uture of many Canadian communities: BE IT THEREFORE RESOLVED that the Federation request assurances from the Federal Government that existing routing and scheduling will be maintained as a Federal Policy.". Question being taken, the motion was carried. ~ ~ 278 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. . S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract CCI #17 - Waterfront Boardwalk - Phase I Opron Maritimes Construction Ltd. Construction of pedestrian boardwalk - Phase I Original estimted value of contract Total work done, Estimate Number 3 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 3, dated March 1, 1984 Final release of holdback $95,800.00 95,800.00 Nil 81,430.00 I $14,370.00 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter to the City Manager from Mr. Luban Jecmenica offering to sell property on Rockland Road, indicated as lots 1, 2 and 3 on the submitted plans, be referred to the City Manager for a report and recommendation. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding a . release to enable the City to give access to the Bardsley Avenue septic tank for maintenance purposes, which was approved by Council on October 11, 1983; advising that the Private Crossing Agreement in this regard has now been prepared and has been approved by the Legal Department as to legality and form; further advising that the yearly rental fee is $40.00 with a one-time documentation fee of $85.00, and recommending that the Mayor and Common Clerk be authorized to execute the said agreement with C.P. Rail at mileage 1.16, West Saint John Subdivision -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb I RESOLVED that the joint report from the City Manager, Commissioner of Engineering and Works and Deputy Commissioner of Engineering regarding school bus service to . Morrison Road, which was considered at Council's meeting of February 20, 1984, advising that, as the City owns property at the end of this road, an area suitable for turning a school bus could be provided at an estimated cost of $1,000.00, with the work being performed as manpower is available within 3 weeks depending upon weather conditions and related costs charged to the road maintenance program, and also advising that this proposal meets the agreement ,of the District 20 School Board which is agreeable to extending school bus service to Morrison Road upon provision of a safe turning area for such bus -- be received and filed with staff to carry out the subject work when possible. Question being taken, the motion was carried. Read a letter from the City Solicitor regarding the request of Royal Bank Realty Inc. for a right-of-way in favour of the Royal Bank, which was considered by Council at its meeting of February 13, 1984, advising that the right-of-way presently enjoyed by Riviera Realties Inc. which was granted by the City in June of 1966 permits the passage of persons and vehicles over the City-owned lot in question; expressing the opinion that, with respect to the query posed at the said meeting regarding whether or not it is legally proper that the City retain the right to designate from time to time the route to be travelled in the exercise of the right-of-way, the recommended arrangement would create a valid, enforceable right-of-way which has a clearly-defined point of beginning and termination, with the City reserving the right to designate from time to time the location of the way in order to preserve the greatest flexibility in future use of the lot, and also advising that the said right-of- way in favour of Riviera Realties Ltd. contains a similar provision. . Consideration was also given to a letter from the Saint John Parking Commission regarding the above matter, advising that this Commission adopted a motion to approve the resolution as prepared by the City's Legal Department and recommended by the City Manager in his letter to Council on February 13, 1984. 1 On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that as recommended by the City Manager and in considera- tion of the sum of one dollar, the City of Saint John grant to Royal Bank Realty Inc. an uninterrupted 1 right-of-way over, across and along the City-owned lands lying between the eastern side of Germain Street and the rear of the Royal Bank building located at the head of King Street and further that, should any structure be erected over or upon the said City lands, Royal Bank Realty Inc. shall retain the uninterrupted right-of-way provided however that the City retain the right to designate from time to time the route to be travelled in the exercise of the right-of-way, and further that the Mayor and Common Clerk be authorized to execute the necessary documdnts. Question being taken, the motion was carried. Consideration was given to the request of the Saint John University Women's Club for financial assistance with respect to hosting the council meeting of The Canadian Federation of University Women, to be held in Saint John on August 15 to 1984, 1984, which was tabled at Council's last meeting. . Her Worship the Mayor questioned if Council wishes to table the above matter pending receipt of the report from the committee reviewing the grant structure. Mr. Barfoot, replying to a query of Councillor POley, expressed the understanding that the said committee will be submitting its report at Council's next meeting. ~ I"'" 279 On motion of Councillor Poley . Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table for two weeks. Question being taken, the tabling motion was lost, a tie vote having been created with Deputy Mayor Davis and Councillors Gould, Knibb, Murray and Vaughan voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the request of the Saint John University Women's Club for grant assistance be denied. Councillor Poley expressed opposition to taking any action on the above request prior to Council's having an opportunity to review interim solutions to the matter of unspecified grants in an attempt to be consistent with such requests. Deputy Mayor Davis expressed the opinion that the above group will qualify for a grant under a formula which is being considered, that being one in which a grant can be calculated depending upon the number of days a conference will be held, as well as the number of participants concerned. I Question being taken, the motion was lost with the Mayor, Deputy Mayor and Councillors Flewwelling, Gould, Murray, Poley and Vaughan voting "nay". On motion of Councillor Murray Seconded by Councillor Flewwelling RESOLVED that with regard to the request of the Saint John University Women's Club for financial assistance with respect to hosting the council meeting of The Canadian Federation of University Women, to be held in Saint John August 15 to 18, 1984 -- a grant in the amount of $6.00 per capita to a maximum of $1,000.00 be approved. . Mr. Barfoot, replying to a query of Councillor Poley, advised that between 200 and 300 delegates from across Canada are expected to attend the above conference. Question being taken, the motion was carried with the Mayor and Councillors Knibb, Poley and Schermerhorn voting "nay". 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 1 Your Committee begs leave to report that it sat on February 27, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Poley, Schermerhorn and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Mrs. Margaret Leclerc be appointed to the Aquatic Centre Steering Committee. 2. That as recommended by the Nominating Committee the following persons be appointed to the Emergency Advisory Committee regarding emergency medical response systems in the City: Mrs. Heather Erb Campbell, Councillor M. Vincent, Mrs. M. I. Mooney, Mr. Joseph C. Bartlett, Dr. Robert Dionne and Miss Grace Craft. 3. That Councillor M. Vincent be appointed as a liaison member to the Board of Directors of Loyalist Days Inc. . 4. That with regard to the request of Alfonsa Mirasola, Administrator for Joe Scichilone, Common Council resolution of May 2, 1983 authorizing the sale of properties on Clover Court (L.R.I.S. Numbers 413260 and 413252) to Mr. J. Scichilone, be amended by extending the time of the City's option to repurchase this property at the original purchase price from one year from the date of purchase to May 1985. 5. That the request of the ~anadian Society of Laboratory Technologists for financial assistance in hosting the regional Biannual Scientific Convention "Maritech '84" in Saint John from September 18 to 21, 1984, be denied. 6. That as recommended by the City Manager, the 1984 establishment for the City of Saint John, be adopted. I 7. That as recommended by the City Manager, the property at 34 Champlain Drive be leased to Mr. George Legacy for a period of one year at a rental of $360.00 per month, with the City to be responsible for only the maintenance of the exterior, payment of all property taxes, water rates and fire insurance on the building, and that the Mayor and Common Clerk be authorized to execute the standard leases as required under the Residential Tenancies Act with respect to the aforementioned lease. 8. That as recommended by the City Manager, an architectural firm be engaged to complete the design of the a~uatic centre pedway link: I AND FURTHER that the firm of Richard Purdy Architect Ltd. be so engaged. 9. That as recommended by the City Manager and in consideration of the payment of $50.00, a pole and anchor agreement be executed with the New Brunswick Telephone Company and The Power Commission of the City of Saint John allowing the placement of three poles and two anchors on Cityowned land at the northeast corner of Millidge Avenue, as shown on the submitted plan, and that the Mayor and Common Clerk be authorized to execute all documents required to complete the agreement. . 10. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted leases with respect to the 1985 Canada Summer Games' facilities as follows:- (1) between The Saint John 1985 Canada Summer Games Society, Inc. and the City of Saint John, covering all the City-owned Canada Games' sites, except the Aquatic Centre; and (2) between The Saint John 1985 Canada Summer Games Society, Inc., the University of New Brunswick and the City of Saint John, covering the track and field facility at the University of New Brunswick in Saint John. .... ~80 ""'IIIl 11. That as recommended by the City Manager, the Mayor and Common Council recognize the actions of Lieutenant Charles Friars in the rescue of Mr. Maynard Thorne and Mr. Harry Ritchie from the fire at 55 Wright Street on January 16, 1984, and that a Citation of Bravery be presented to Lieutenant Friars at the next public meeting of Common Council. 12. That as recommended by the City Manager, Common Council resolution of January 19, 1984 authorizing the sale of approximately 1,741 square feet of land, situate between property owned by Mr. Robert Chenier at 12 Webster Street and the said street, to Mr. Chenier, be rescinded; that Common Council give approval in principle to the sale of the land needed to clear an encroachment, provide access to the rear 'of the property and to extend Mr. Chenier's northerly boundary to Webster Street; that the exact size and shape of the land be determined by Property Management and Planning staff in consultation with the surveyor; that the sale price of the land be $1,000.00 regardless of the actual area involved; that Mr. Chenier be responsible for any survey, subdivision or legal costs involved, and that the two adjoining property owners be contacted to determine if either is interested in acquiring the land between their property and the said street. 13. That as recommended by the City Manager, Common Council approve the following renovations of the Reversing Falls Tourist Bureau:- renovation work and installation of new heating and lighting system within the existing projection room, at an estimated cost of $35,000.00, and replacement of roof membrane and replacement of steel stringers and wood treads of the side-street stairwell, and improvements to the parking lot, surrounding area and park to provide safe and pleasant surroundings for tourists, at an estimated cost of $40,000.00. 5 March, 1984 Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd.) (Councillor Gould withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Councillor Murray questioned if the above nominees will complete the appointments to the Emergency Advisory Committee to which the Mayor replied that one additional appointment will be made. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor Poley voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Mr. Barfoot noted that the 1984 establishment is below the previously-approved establishment for 1981 by two staff persons and that an attempt will be made to provide the services that are required within the 1984 budget. Councillor Murray expres'sed his support of a second staff member being placed in the Mayor's Office. Councillor Poley re-iterated his concern expressed in Committee of the Whole, during discussion of the 1984 establishment, with respect to the additional person in the City Manager's Office based on his lack of understanding as to the duties and functions of same and the question of budget provision for this position. Question being taken, the motion was carried with Councillor Poley voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 8 of the above report be adopted. (Councillor Gould re-entered the meeting.) . I 1 . 1 . I 1 . ~ I"'" , '281 Question being taken, the motion was carried with Councillor Murray voting "nay". On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 11 of the above report be adopted. 1 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 12 of,the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that section 13 of the above report be adopted. Councillor Flewwelling expressed opposition to the above motion as in his opinion the expenditure is excessive in consideration of the size of the Theatre. Councillor Murray suggested that staff should consider upgrading of the Fallsvaew Park area as a possible 1984 Capital Budget project. Question being taken, the motion was carried with Councillors Flewwelling and Vaughan voting "nay". On motion of Councillor Schermerhorn 1 Seconded by Councillor Flewwelling RESOLVED that Common Council accept, in principle, the report of' the Housing Policies Committee, entitled "Housing Policies in The 80's For The City of Saint John", and further that implementation be initiated by adopting the following:- (1) the City should, as soon as possible, appoint a new Housing Development Committee to replace the existing committees involved with the management and development of housing on behalf of the City according to the terms of reference of paragraph 2.3 on page 20 of the submitted report; (2) as soon as the Housing Development Committee has been appointed, Council should direct the City Manager to set up a staff task force representing Planning, Engineering and Works, Legal and Housing Departments to review with the new Committee each of the recommendations made by the Housing Policies Committee and, within six weeks of its appointment, the Housing Development Committee should submit to Council proposals for implementing appropriate actions; (3) Council should, at a special session, review and consider the various recommendations and their alternatives and take decisive action; and (4) Council's decisions should be communicated to the new Housing Development Committee and to all departments for implementation. . Councillor Knibb suggested that Council should merely accept the said report with implementation to progress as Council decides and he advised that he takes exception to the proposed disbandment of the Saint John Housing Commission, of which he is a member, in this manner. The Mayor explained that the structure of the various existing housing committees in the City will be changed and one new board will be established. Councillor Schermerhorn advised that it is not his intention to suggest that the Saint John Housing Commission will be abolished per se, however its mandate does not provide for this Commission to carry out all what is suggested in the Housing Policies Committee report. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Flewwelling 1 Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Housing Commission regarding the Housing Policies Committee report entitled, "Housing Opportunities in The 80's For The City of' Saint John", advising that the response 'from all members of the Housing Commission to this report has been uniformly positive and, although some reservations have been expressed, they are of minor concern regarding detail but not of general substance, expressing strong support and commending to Council the said Committee findings and recommendations for immediate implementation, and suggesting that the Housing Commission, restructured and remandated with adequate staff and strong Common Council support can continue to service, but as originally intended -- be received and filed. 1 Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Murray RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., submitting a letter for consideration at this meeting during which representatives of this Union will be available to answer any questions which might arise regarding same, the submitted letter concerning the resolution adopted by Common Council in Committee of the Whole on February 20, 1984, after presentation by this Union of a brief concerning the present establishment of the Saint John Police Department -- be received and filed. Councillor Schermerhorn expressed the oplnlon that the above letter, as well as the brief presented recently to Council in Committee of the Whole, includes points worthy of consideration and he noted Council's intent to review the Management Review which was performed by the Metropolitan Toronto Police on the Saint John Police Department. Councillor Vaughan suggested that any suggestions with respect to the structure and establishment of the Police Department should be referred to the new Chief of Police, when appointed, for input and comment to Council. lo.. 232 ~ Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. B. E. Baxter, Executive Director of the Workers' Compensation Board regarding a previous letter to Common Council concerning the possible dangerous traffic situation at the driveway entrance to the Workers' Rehabilitation Centre on highway number 7, which was considered by Council at its meeting of October 31, 1983, noting that, although it was indicated that the City would investigate this situation, no reply has been received regarding same and the potentially-dangerous situation still exists, and asking if consideration has been given to improve this situation -- be referred to the City Manager for a report at the next meeting of Council. Councillor Knibb suggested that the costing of an extra traffic lane on a Provincial highway in order to improve accessibility to a Provincial building may be difficult to determine. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from P & B Stained Glass Studio regarding the proposed stained glass window to commemorate The Royal Visit of June 17, 1983, which was discussed by Council at its meeting of November 21, 1983, submitting a coloured sketch of this window, which is to be placed in the centre three panels immediately above the main door of City Hall, suggesting that the inscription to be placed on the centre panel read "To Commemorate the Visit of Their Royal Highnesses The Prince & Princess of Wales to the City of Saint John, New Brunswick, June 17, 1983", advising that His Royal Highness, before giving approval, would like to see the proposed sketch and has requested that Common Council give approval to same before it is forwarded to him, and requesting Common Council's reply in this regard -- be received and filed and Common Council approve the design for submission to Government House for the approval of His Royal Highness The Prince of Wales. Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that the letter from Mr. Donald W. Smith requesting that the City arrange to com ~ete painting of the building at the corner of Fundy Drive and Duchess Street and also to upgrade the adjacent playground -- be referred to the Recreation and Parks Department for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Lloyd Paul advising that, during construction of his home at 39 Lakewood Avenue, he inadvertently paved and landscaped what was reserved for a walkway believing it to be his land and that sometime later City work crews gravelled this walk and installed posts at each end to stop vehicular traffic at which time it was brought to his attention that he was occupying the reserved pedestrian walk and the physical walkway had been constructed on the adjoining vacant lot; also advising that, as he was interested in purchasing the adjoining lot to maintain a degree of privacy and was very concerned when made aware of his mistake which was compounded by the City, he purchased the said vacant lot, and requesting Council to consider a trade of land whereby the City would obtain the ten-foot strip where the walkway is now constructed and, in exchange, convey to him the land which was reserved for the walkway, such exchange involving a sharing of any expenses incurred -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the letter from Diane Plant expressing interest in developing a miniature golf course in the City and to lease property on Mount Pleasant Avenue, under any conditions deemed appropriate by Common Council, on which to construct same -- be referred to the City Manager for a report and recommendation. Councillor Vaughan suggested that the area recently designated in Rockwood Park for such facilities would be a better location than that proposed in the above letter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Clark, Drummie & Company, solicitors, advising of a client who is interested in developing a vacant property on the west side of the City in the Morris Street on which to construct an apartment building for residential purposes be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the notices from the Liquor Licensing Board advising that the applications of Don Matt Enterprises Ltd. for a beverage room license and of Georgoudis Investments Ltd. for dining room and lounge licenses, at 24 Main Street West and 1 Hazen Avenue, respectively, will be heard on March 9, 1984 -- be received and filed. Question being taken, the motion was carried. . 1 1 . 1 . 1 I . Her Worship the Mayor referred to a staff report regardin G general Motors' parts (copies h ~ ,... 2.83 of which were forwarded to Council members as an information item), and noted that such parts are now being obtained through a local supplier rather than through a supplier from Moncton. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. 1 ~w 0~rd Common Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John on Monday, the twelfth day of March, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor 1 Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . Messrs. A. G. McDermott, City Manager, F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. Breen, Deputy Fire Chief; C. Breen, Acting Chief of Police; J. Brownell, Assistant Director of Recreation; J. Johnson, Building Inspector; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; R. Adams, Property Management Branch; E. Farren, Executive Assistant to the City Manager; Y. Huntington-LeBlanc, Director of Tourism and Public Relations; C. McGill, Tourist Officer; and Miss M. Conley, Administrative Assistant to the Mayor. Councillor Edis Flewwelling offered the opening prayer. On motion of Councillor Knibb March 5, 1984, be adopted. Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on 1 Replying to a query from Councillor A. Vincent, Mayor Wayne advised that the letter she read at the last meeting of Council from Reverend H. Arthur Murray with regard to the repair of a guard rail on the north end of Glenview United Church had been addressed to herself and members of Common Council and she would make copies available. Councillor Vincent questioned why the city's liability insurance coverage was not used to pay for replacement of the guard rail and was advised that the first $1,000.00 is deductible and that the Commissioner of Finance will determine if the balance of the costs can be recovered from the city's insurers. Her Worship the Mayor noted that the New Brunswick Institute of Chartered Accountants is sponsoring free income tax clinics for those senior citizens who financially may be unable to obtain the necessary professional help, as well as for single parents, the handicapped and low incomes families. . The Mayor extended, on behalf of Common Council, a message of sympathy to the family of the late Harold Ellis, a retired employee of the City of Saint John who had served as Treasurer of the City of Lancaster until Amalgamation in 1967 and afterwards as Budget Officer for the City of Saint John and as Administrative Assistant to the City Manager. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that a letter of condolence be forwarded to the family of the late Harold L. Ellis. Question being taken, the motion was carried. 1 Mayor Wayne presented to Lieutenant Charles Friars a Certificate of Commendation for his actions in the rescue of Mr. Maynard Thorne and Mr. Harry Ritchie from the fire at 55 Wright Street on January 16, 1984. On motion of Councillor Knibb 1 Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne advising Council that she has written to Senator D. A. Riley expressing the City's appreciation for his recent stand at the Rail Transportation Committee Hearing concerning rail transportation problems in Saint John and the economic region fo~~erly served by the Moncton-Saint John-Montreal train -- be received and filed; AND FURTHER that the letter from The Honourable Lloyd Axworthy, Minister of Transport Canada, responding to Common Council resolution of November 28, 1983, advising that he is in receipt of a proposal from the Coalition for Improved Rail Passenger Service which suggests that, by restructuring VIA services in the Maritimes, direct Halifax-Saint John-Montreal service can be restored within existing funding levels for VIA and he has requested VIA officials to evaluate this proposal and to study the feasibility of implementing this rail passenger service, be received and filed. Question being taken, the motion was carried. . lo... ~ 234\ On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Common Council go on record as reaffirming . its views that restoration of the VIA transportation from Montreal through to Saint John and Halifax shall be restored as soon as possible. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that a presentation by Professor Royston Greenwood, entitled "Organizational Consequences of Internal Administrative Change - Some Trans-Atlantic Comparisons", will be held in the 8th floor boardroom of City Hall on March 14, 1984 at 12:00 o'clock noon -- be received and filed. 1 Question being taken, the motion was carrried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that a telegram has been forwarded, on behalf of Common Council and the citizens of Saint John, to Mr. Arnie Dobson commending him and his team mates for their accomplishments at the Canadian Brier curling championship in Victoria, British Columbia -- be received and filed. I Her Worship the Mayor extended an invitation to those present to join her at the Thistle Curling Rink later this evening at which time she will make a presentation to the Dobson rink. Question being taken, the motion was carried. Consideration was given to a letter from Councillor M. Vincent requesting to discuss with Council the matter of the recent cutbacks in the public transportation system for the City of Saint John. . (Coun6iiLlDr Davis entered the meeting. ) On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that Council go on record as being in favour of having the transit system restored to what it was prior to the cuts, and the that Council ask the Transit Commission to restore the service to what it was, and that the funding for that service be developed from proposals brought in by the City Manager from non-priorized areas where cutbacks and reductions in those expenditures can occur, to reach the sum of $100,000. for the Transit Commission. Mayor Wayne reviewed the change in scheduling for bus service after March 4th. Councillor Knibb noted that he has looked at the comparisons of expenditures for 1982, 1983 and 1984 and does not believe that ,the Transit budget was reduced, but that they had requested a larger increase from $1,600,000. in 1983 to $1,700,000. in 1984. 1 Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan and A. Vincent voting "nay. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the City Manager and appropriate city staff be requested to look into the above matter and report to Council. Question being taken, the motion was lost, a tie vote having been created with the Mayor and" Councillors Davis, Gould, Knibb and Schermerhorn voting "nay". . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as granted for payment of the following invoice, namely:- Brookville Manufacturing Company - supply of gravel recommended by the City Manager, authority be February 15-17, 1984 $5,067.48 On motion of Councillor Schermerhorn I 'Question being taken, the motion was carried. Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Downsview Drive, Riverhill Drive Storm Sewer Construction Que-Mar Construction (Maritimes) Limited Supply and install 30' of 48' and 42" pipe, 470' of 6', 10" and 12" pipe, plus manholes, vaults and catch basins and appurtenances Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated March 7, 1984 Final holdback release I $40,931. 00 41,730.56 Nil 35,470.98 $ 6,259.58 . Question being taken, the motion was carried. ...,.j ,.... .'285 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Market Renovations, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract CM #6 - Window Installation Darkil Construction Ltd. Supply and installation of windows in original tower Original estimated value of contract Total work done, Estimate Number 6 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 6, dated March 8, 1984 Final release of holdback $71,200.00 72,723.74 Nil 61,889.78 $10,833.96 1 Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb . RESOLVED that the joint report from the City Manager,cCommissioner of Engineering and Works, and Traffic Engineer, regarding the request of Mr. B. E. Baxter, Executive Director of the Workers' Compensation Board, for the City to look into what is considered to be a potentially- dangerous traffic situation at the driveway entrance to the Workers' Rehabilitation Centre on highway number 7 which was considered at Council's last meeting, advising that an agreement with Sobey's Stores Ltd., with the concurrence of the province which has jurisdiction over the highway, wush agreement providing, that the entire cost of an on land dnoated by Sobey's Stores Ltd., for a widening on the west side of the highway along the entire frontage of the Sobey Development, such realignment to provide for three traffic lanes with the centre lane to be designated by pavement markings with a large left-turn pocket for vehicles entering the Sobey site and a smaller left-turn pocket for vehicles entering the Workers' Rehabilitation Centre on the east side, the completion of which should benefit access at both sites, and noting that, should the Workers' Compensation Board feel that the improvements which are in progress are not sufficient to overcome its traffic problem, the Board may proceed with an offer to donate the right-of-way for additional improvements at the Board's expense under an agreement similar to the one with Sobey's Stores Ltd. -- be received and filed and a copy of such report be forwarded to the Workers' Compensation Board. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 -{ Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager submitting a copy of a report, prepared by Mr. E. A. Farren, Executive Assistant to the City Manager, respecting the infla~tion rate in the City of Saint John, which was broached in a letter to Common Council from Mr. J. H. Wilcox and considered at Council's meeting of February 27,1984 -- be received and filed and a copy of the report forwarded to Mr. Wilcox. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding Common Council resolution of December 12,1983 conveying property at 64 Queen Street to Housing Alternatives Inc., advising that, as this Corporation operates only as a co-ordinator of housing co-operative projects, it will be necessary to amend the said resolution in order to comply with a request of Mr. Stephen Ring, Solicitor for the said Corporation, in order that this property ~anbe'conveyed directly to the South City Housing Co-operative Limited, and submitting a resolution, which was prepared by the Legal Department, for Council's consideration. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the resolution of the Common Council of the City of Saint John, passed at its meeting held on the 12th day of December 1983, authorizing the conveyance of property at 64 Queen Street to Housing Alternatives Inc. be amended by deleting the name "Housing Alternatives Inc." and replacing it with the name "South City Housing Co-operative Limited". Councillor A. Vincent suggested that provisions be made so that the property would revert back to the City if the company ceases to exist. I On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager with respect to the conveyance of a vacant lot at 64 Queen Street to South City Housing Co-operative Limited, be referred to the Legal Department for a report. (Councillor Poley entered the meeting.) 1 Question being taken, the referral motion was lost with the Mayor and Councillors Davis, Gould, Knibb, Poley and Schermerhorn voting "nay". Question being taken, the original motion was carried. On motion of Couucillor Gould . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, approximately 2.1 aCTes of land, as shown on the submitted plan, be purchased from Mr. Leonard Sproul, at a price of $19,000.00, that Mr. Sproul be responsible for all survey and subdivision plans that are required, and further that the Mayor and Common Clerk be authorized to execute any documents required to complete this transaction. lo.. 286 ""l Councillor A. Vincent requested information on the assessed value, the appraised value and the amount paid by the city when it was purchased, to which Mr. Adams of the Property Management Department replied that he did not have all the requested information available at this time, however the price works out to .21 per square foot. . On motion of Councalllor A. Vincent Seconded by Councillor Murray RESOLVED that the above matter be laid on the table pending a report from staff. Question being taken, the tabling motion was lost with Mayor Wayne and Councillors Davis, Gould, Knibb, Poley and Schermerhorn voting "nay". Question being taken, the original motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, the tender of Lundrigan's Construction Limited for contract C.C.I. #21, Smythe Street South, Phase II, be considered informal; the contract for C.C.I. #21, Smythe Street South, Phase II, be awarded to W. E. Kelly Limited, in the tendered amount of $74,230.00; and that the Mayor and Common Clerk be authorized to execute the necessary contract ,documents. 1 Question betng taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, the contract for C.C.I. #22, Union Street West, Phase II, be awarded to the low tenderer, W. E. Kelly Limited, in the amount of $45,350.00, and . that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Read a letter from the City Manager regarding sign regulations submitting a copy of a report from the Community Planning staff in response to questions broached by Council at its meeting of February 27, 1984, noting that staff has suggested that the Zoning By-Law be amended to increase the maximum size of free-standing signs in "B-1" and "BR" zones from 4.5 square metres to 6 square metres, that advertising be authorized in this regard and the proposal referred to the Planning Advisory Committee for report and recommendation, such change, if adopted, would permit mobile signs in Local Business and Business Residential zones. The letter also notes that the more liberal regulations, which were adopted by Council in October 1982, appear to have worked well and, with respect to signs on street right-of-ways, advises that the Zoning By-Law and Motor Vehicle Act concur in that these 1 signs should be restricted to traffic control devices and that policy has not been followed to date. The letter refers to the proposed Potash Terminal sign and the request of the solicitor for the First Wesleyan Church for provision for church directional signs, such matters having been considered by Council at its meetings of January 30, 1984 and February 6, 1984, respectively, and advises that the former matter will require further study to attempt to find a solution and, insofar as the latter request is concerned, states that a church directional sign is more in the nature of an advertising sign than a traffic control device and a By-Law amendment is not recommended. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that as recommended by the City Manager, the proposal to amend the Zoning By-Law to increase the maximum size of freestanding signs in liB-I" and "BR" zones from 4.5 square metres to 6.0 square metres be referred to the Planning Advisory Committee and that the necessary advertising be authorized in this regard, and further that no action be taken to amend the Zoning By-Law to provide for church directional signs on streets, as requested by the First Wesleyan Church. . Replying to a query from Councillor Poley, Mr. Johnson, Building Inspector, advised that a significant number of businesses have removed their signs upon request from his department and staff are working toward complete compliance and hope to have the matter finalized within four months. It was noted that in many cases the signs can be adjusted so that they may remain on site, however in the case of the Lord Beaverbrook Rink it is not permitted. Councillor Poley suggested that the LBR Committee be contacted and advised that civic departments and municipally run buildings and concessions have to abide by the by-laws if we expect the residents and taxpayers to do so. On motion of Councillor Poley I Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table pending a teach-in on sign regulations at the next meeting in Committee of the Whole. "nay". Question being taken, the tabling motion was carried with Councillor A. Vincent voting 1 Councillor Knibb proposed a motion, which was ruled out of order, that Council instruct staff to allow Port signs and Market Square parking signs. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tender, as submitted by Master Enterprises Ltd., in the amount of $2,230.00, be accepted for the demolition of the building located at 130-132 Sandy Point Road. , Question being taken, the motion was carried. . ....Ill ,... 2€l'l- Read a 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 begs leave to report that it sat on Monday, March 5, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and YOlIT Committee submits the following recommendations, namely:- 1 1. That as recommended by the City Manager, the freehold interest in property at 20 Kennedy Street be sold to Jean Taylor and Katherine Munharvey for the price of $3,350.00. 2. That as recommended by the City Manager, the lot of land on Dexter Drive, known as L.R.I.S. Number 413211, be sold to the highest bidder, Mr. & Mrs. Lawrence Giddings, for the price of $11,300.00, provided the proposed construction is completed within 12 months of the title being conveyed and subject to the following co~ditions, namely:- (1) that a deposit equivalent to 5% of the purchase price be received from Mr. & Mrs. Giddings upon acceptance of their offer, and (2) that, if construction is not completed within the twelve-month period, title to the said property will revert back to the City of Saint John for the selling price of $11,300.00. 1 3. That with regard to the request of Mr. Francis Brown to purchase property in the First Loch Lomond Lake area near Ben Lomond Corner, Common Council approve the recommendation of the City Manager that Mr. Brown be informed that this property is within the Loch Lomond watershed and is not for sale for any use at this time. 4. That with regard to the request of the New Brunswick Federation of Snowmobile Clubs for grant assistance in hosting the 1984 International Snowmobile Industry:Association Congress, to be held in Saint John on June 2 to 8, 1984, this group be advised that funding, to a maximum of $1,000.00, will be provided by the City through funding by an individual Council member. . 5. That with regard to the request of Mr. Lutz Ecker to purchase property at 61 Manners Sutton Road, Mr. Ecker be informed that no decision has been made at this time however, should the City decide to sell the subject property, it will be publicily advertised. 6. That as recommended by the City Manager, authority be granted for the purchase of 657 square feet of land at 19 Somerset Street, which is owned by the New Brunswick Electric Power Commission and required for construc- tion of the North/South Arterial and shown hatched on the submitted plan, at a price of $1,000.00, ad discussed with N.B.E.P.C.; that the City be responsible for any surveyor subdivision plans required; and that the Mayor and Common Clerk be authorized to execute any documents required to complete this transaction. March 12, 1984 Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air ill a n. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Councillor A. Vincent suggested that in the event construction is not completed within a twelve- month period there should be a penalty and that the City should not be required to pay the full purchase price. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 3 of the above report be adopted. Mayor Wayne noted that Mr. Robichaud, theCommissioner of Engineering and Works, did not feel it was in the city's best interest to lease or sell this parcel of land. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that section 4 of the above report be adopted. Questlqn being taken, the motion was carried. 1 On motion of Councillor Koibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould ESOLVED that section 6 of the above report be adopted. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". lo.. "'IIIl 28S On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that the 1983 Annual Report of the Saint John Port Development Commission be received and filed. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that authority be granted for payment of the invoice from the Cities of New Brunswick Association, in the amount of $8,666.00, representing 1984 Association dues of $1,537.00 and the Provincial-Municipal Council warrant of $7,129.00. Question being taken, the motion was carried. 1 On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from the University of New Brunswick in Saint John requesting permission to hold its traditional academic procession, from Carleton Street to the Church of St. Andrew and St. David, prior to its Baccalaureate Service on May 20, 1984, be referred 1 to the Acting Chief of Police for consideration and approval. Question being taken, the motion was carried. On motion of Councillor Schermerhorn >( Seconded by Councillor Knibb RESOLVED that the letter from Saint John Co-operative Supply Depot Ltd. requesting assistance in the improvement of City-~~ed land on the Fairville Boulevard perimeter of this company's property on which it is undertaking construction of a new entrance and staff area for its store and suggesting that the City contribute such items as topsoil, sod or seeding, trees, etc. in . conjunction with this company's improvements -- be referred to the City Manager for report and recommenda_c tion. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from The Boys & Girls Club of Saint John ,:,., Inc. inquiring about the availability of scrap wood from the City workshop that could be used by the young people of this Club in their woodworking workshop program -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 1 On motion of Councillor M. Vincent Seconded by Councillor Flewwelling ESOLVED that the letter from The Saint John Dodgers Baseball Team requesting Common Council to consider its reQuest for assistance in hosting the 1984 senior Amateur Baseball Championship of Canada as outlined in the submitted correspondence with the Recreation and Parks and Tourism and Public Relations departments -- be referred to the Recreation and Parks Advisory Board. Questlon being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Raymond J. Harrington ~ regarding the reduction intransit service in the City and requesting Council to alter this situation, be received and filed. . On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the meeting be adjourned and that Council 1 meet in Legal Session. Question being taken, the motion was carried. lfh/J"'l i,{ VJ;~/YII01d ommon Clerk. At a meeting of the Common Council, held at the City Hall in the City of Saint John on Monday, the nineteenth day of March, A.D. 1984, at 7:00 o'clock p.m. 1 present Elsie E. Wayne, Mayor Councillors Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . ..... ,... %~~ Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner o~ Finance; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner df Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; J. Breen, Deputy Fire Chief; C. Breen, Acting Chief of Police; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; J. McIntyre, Personnel Officer; M. Hanlon, Purchasing Agent; J. Gallagher, Chief Accountant; B. Belyea, Budget Officer; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations . Reverend Daniel Dryer, Paster of Germain Street Baptist Church, offered the opening prayer. 1 On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on March 12, 1984, be adopted. Her Worship the Mayor welcomed to the Council Chamber members of St. Luke's Boy Scout Troop, who are working toward their citizenship badge, and she briefly explained the Council meeting procedure. 1 Mayor Wayne noted that the Saint John Symphony is holding its first performance at Saint John High School this evening and encouraged all citizens to continue support for this group. Mayor Wayne advised that Miss Canada 1984, Cynthia Kereluk from Edmunton, Alberta visited her office this week. She also noted that the Kiwanis Boat Show will be held at the Trade and Convention Centre on April 5th to 8th and the Kiwanis Trailer and Recreational Show will be held on April 12th to 15th. Mayor W~rne announced that Saint John Vocational School will be holding a reunion from July 25th to 28th, 1984. .':r The Common Clerk advised that the necessary advertising was completed with respect to a proposed Zoning By-Law amendment to re-zone a 4.9 acre parcel of land with frontage on Spruce Avenue, Bayside Drive and Mount Pleasant Avenue (L.R.loS. Numbers 342600, 346791 and 55023949) from "R-2" One- and Two-Family Residential and "B-2" General Business to "IL-l" Neighbourhood Institutional classification, to permit the construction of a church and related educational facilities as requested by the Full Gospel Assembly, and that a letter has been received from Mr. R. G. Williams, 123 Mount Pleasant Avenue East, objecting to the entrance and exit to the property for the reaSons outlined, and recommending that as a safe and viable alternative, use of this particular entrance and exit be prohibited and replaced by using two existing adjacent streets as set forth in the said letter. No persons were present with respect to the proposed amend- ment. . Consideration was given to a letter from the Planning Advisory Committee, dated March 13, 194, recommending re-zoning of the subject property, except the 5.5 metre right-of-way to Bayside Drive. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 4.9 acre parcel of land with frontage on Spruce Avenue, Ba:rside Drive and Mount Pleasant Avenue (L.R.loS. Numbers 342600, 346791 and 55023949), from "R-2" One- and Two-Family Residential and "B-2" General Business to "IL-l" Neighbourhood Institutional classification, be read a first time. Discussion ensued regarding increased traffic on and access from streets adjacent to the subject property, and it was noted that as indicated in the Planning staff report, the driveway locations off Spruce Avenue and Mount Pleasant Avenue are acceptable to the Engineering and Works Department. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 4.9 acre parcel of land with frontage on Spruce Avenue, Bayside Drive and Mount Pleasant Avenue, (L.R.loS. Numbers 342600, 346791 and 55023949), from "R-2" One- and Two-Family Residential and "B-2" General Business to "lL_l" Neighbourhood Institutional classification, be read a second time. 1 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee, and the letter from Mr. R. G. Williams, regarding the above-proposed amendment, be received and filed. I The Common Clerk advised that the necessary advertising was completed with respect to a proposed Zoning By-Law amendment to re-zone a 3 acre parcel of land located on the northern side of Sand Cove Road, approximately 500 feet east of the entrance to the Dr. W. F. Roberts Hospital School, (L.R.I.S. Number 285965), and having a frontage of approximately 500 feet and depth of approximately 300 feet, being a portion of the former Provincial Hospital Annex property and more recently occupied by the Church of the Nazarene, from "RF" Rural to "R-2" One- and Two-Family Residential Classification, to permit subdivision and development of this parcel of land for 15 one or two family dwellings, as requested by Manford M. Thompson Construction Company Limited, and that no written objections were received in this regard. No persons were present with respect to the proposed amendment. . Consideration was given to a letter from the Planning Advisory Committee recommending (1) that Common Council assent to the subdivision plan subject to the Developer and City entering into the appropriate Sub- division Agreement; (2) that the sum of $3,600 be accepted in lieu of land for public purposes; and (3) that the site be rezoned from "RF" (Rural) to "R-2" (One- and Two-Family Residential), but that third reading be deferred until the subdivision Agreement has been executed. lo.. ~ 22@ On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of . the City of Saint John, insofar as it concerns re-zoning a 3 acre parcel of land located on the northern side of Sand Cove Road, approximately 500 feet east of the entrance to the Dr. W. F. Roberts Hospital School, and haying a frontage of approximately 500 feet and depth of approximately 300 feet, being a portion of the former Provincial Hospital Annex property and more recently occupied by the Church of the Nazarene, from "RF" Rural to "R-2" One- and Two-Family Residential classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a 3 acre parcel of land located on the northern side of Sand Cove Road, approximately 500 feet east of the entrance to the Dr. W. R. Roberts Hospital School, (L.R.I.S. Number 258965), and having a frontage of approximately 500 feet and depth of approximately 300 feet, being a portion of the former Provincial Hospital Annex property and more recently occupied by the Church of the 'Nazarene, from "RF" Rural to "R-2" One- and Two-Family Residential classification, be read a second time. 1 Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee with respect to the rezoning and subdivision application by Manford M. Thompson Construc- tion Company Limited for property located on the northern side of Sand Cove Road, being a portion of the former Provincial Hospital Annex, recommending (1) that Common Council assent to the subdivision plan subject to the Developer and City entering into the appropriate Subdivision Agreement; (2) that the sum of $3,600 be accepted in lieu of land for public purposes; and (3) that the site be rezoned from "RF" (Rural) to "R-2" (One- and Two-Family Residential), but that third reading be deferred until the Subdivision Agreement has been executed -- be received and filed and the recommendations adopted. . Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two parcels of land which together make up the western two-thirds of the block located on the eastern side of Charlotte Street between Broad Street and Broadview Avenue (L.R.I.S. Number 000315 and 1 000323), from Medium Density Residential to Light Industrial classification and (b) to re-zone the same parcel of land from "RM-l" Three Storey Multiple Residential to "I-I" Light Industrial classifi_ cation, to make the zoning consistent with past industrial use of property, as requested by Regal Wholesale Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending (1) that the Municipal Development Plan be amended so that the subject property is reclassified from Medium Density Residential to Light Industrial; and (2) that the site not be rezoned at this time pending submission of a detailed site redevelopment plan. Mr. W. E. Lawlor, principal of Regal Wholesale Ltd. appeared before Council in support of the above-proposed amendments and advised that the reason for the request is that as the zoning now exists the property cannot be used for light industry. Mr. Winch noted that once a prospective purchaser submits a firm proposal to Council for a specific use, a rezoning could be commenced. On motion of Councillor Gould . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law to Amend The Municipal Plan By-Law Of The City of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two parcels of land which together make up the western two-thirds of the block located on the eastern side of Charlotte Street between Broad Street and Broadview Avenue (L.R.I.S. Numbers 000315 and 0000323), from Medium Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City of Saint John And Amendments Thereto". I Question being taken, the motion was carried.' On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal 1 Plan By-Law Of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two parcels of land which together make up the western two-thirds of the block located on the eastern side of Charlotte Street between Broad Street and Broadview Avenue (L.R.I.S. Numbers 000315 and 000323), from Medium Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City of Saint John And Amendments Thereto". Question being taken, the motion was carried. . ..... ,... . 2~H On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the correspondence from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. 1 Replying to a query from the Mayor, Mr. Rodgers advised that the applicant has up to six months to submit a detailed site redevelopment plan, and that the rezoning must be brought in line with the Municipal Plan which is being considered at this meeting. Mr. Winch advised that the required zoning would be "I-I" which is not being recommended. Mr. Rodgers noted that no further action is required at this meeting if Council does not wish to proceed with re-zoning of the property at this time. 1 The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.I.S. Number 017640), and known by civic number 326 Union Street from Medium Density Residential to Light Industrial classification and (b) to re-zone the same parcel of land from "RM-l" Three Storey Multiple Residential to "I-I" Light Industrial classification, to permit the property to be used as an auto body shop, as requested by Crowe's Auto Body Shop, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the above application not be approved. . Mr. Brian Mosher, solicitor, appeared before Council on behalf of the co-applicants, Crowe's Auto Body and the Federal Industrial Development Bank and distributed a letter from Mr. Arthur A. Crowe 'and photographs of the subject property. He noted that the building is very sound structurally and has one-foot thick concrete walls, and that as indicated in the letter from Mr. Crowe, he intends to comply with the request of City staff to demolish the woodframe building at the rear of the said building, and he intends to spend approximately $10,000. in renovations for installation of new siding and screened windows. He advised that te Engineering and Works Department expressed concern with respect to off-street parking of vehicles and advised that the ground floor of the building has space for the storage of ten vehicles with room for expansion to the second floor and all vehicles will be kept inside the building. Mr. Mosher outlined the various commercial uses of this property, which is located in an area comprising mainly industrial properties. On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.I.S. Number 017640), and known by civic number 326 Union Street from Medium Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City of Saint John And Amendments Thereto". Question being taken, the motion was carried with Councillors Flewwelling, M. Vincent, Schermerhorn and Murray voting "nay". On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-Law Of The City of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.I.S. Number 017640), and known by civic number 326 Union Street from Medium Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "p,. Law To amend The Municipal Plan By-Law of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried with Councillors Flewwelling, M. Vincent, Schermerhorn and Murray voting "nay". "' On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.loS. Number 017640), and known by civic number 236 Union Street from "RM-l" Three Storey Multiple Residential to "I-I" Light Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. I Question being taken, the motion was carried with Councillors Flewwelling, M. Vincent, Schermerhorn and Murray voting tfnay". On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.loS. Number 017640), and known by civic number 326 Union Street from "RM-l" Three Storey Multiple Residential to "I-I" Light Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. lo.. ,., 292 -~ :-:_Que:stiDD being taken, -,the motion was carried with Councillors Flewwelling, M. Vincent, Schermerhorn and Murray voting "nay". On motion of Councillor GoUld . Seconded by Councillor A. Vincent RESOLVED that the correspondence from the Planning Advisory Committee regarding the above-proposed amendments to received and filed. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land contining approximately 3,000 square feet having civic address 113 Adelaide Street, (L.R.I.S. Number 374983) located at the southwest corner of Adelaide and Newman Streets from High Density Residential to Commercial classification, to provide for the re-zoning of the property to permit establishment of take-out restaurant, as requested by Mr. William Oliver. 1 Consideration was given to a letter from Councillor Gould, Chairman of the Finance Committee, and to a letter from the City Manager, submitting a report from the Finance Department commenting on operating highlights of the financial statements of The City of Saint John General Fund and The City of Saint John Water and Sewerage utility for the year ended December 31st, 1983, and the auditor's report thereon. The report of the operating highlights notes that the 1983 operating results of the General Fund and the Water and Sewerage Utility place both funds in a favourable position for the future; that the $950,807 operating surplus in the General Fund will be applied against the 1985 operating budget, which will benefit taxpayers and local businesses in that year; and that the 1983 operating surplus in the Water and Sewerage Utility of $69,210 now means that the utility has $633,032 in equity which will be used to keep rates stable for 1985 or at least to minimize the amount of necessary increase. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the financial statements of The City of Saint John General Fund for the year ended December 31, 1983, and the auditor's report thereon, be received and filed. Messrs. Carmen Colwell and Blair MacDonald of the City's auditing firm of Doane Raymond . were present at the meeting, and Mr. Colwell noted that again thls year there is a surplus in both the Operating Account and the Water and Sewerage Utility and it is his opinion that the City can maintain the same water and sewerage rates for 1984 and possibly 1985. During ensuing discussion, Mr. Wilson replied to queries posed by the Council members, glvlng details of over-expenditures in various areas of general administration, ambulance services, ) the woods operation, and the matters of fiscal charges and the inventory of tires and equipment. Mr. McDermott noted that within the past six or seven months a complete pictorial record of all City vehicles has been established and is available in his office. Mr. Wilson noted that an inventory of all City equipment, furnishings, etc. is presently being undertaken. Mr. Colwell briefly outlined the procedure used in the audit process and stated that in his opinion the City of Saint John is in a good financial position, as it has been for the past several 1 years. Regarding the possibility of having an internal auditor, Mr. Wilson advised that there is no such position in the City establishment, however, there is a need for such a person in the City, independent of the City's Finance Department. Mr. Colwell stated that auditors could be engaged on a continuous basis for internal auditing, and that a number of cities of the size of Saint John do have an internal auditor on staff. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the financial statements of The City of Saint John Water and Sewerage Utility for the year ended December 31, 1983, and the auditor's report thereon, be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". . Mr. James W. Orr addressed Council on behalf of the Saint John District Waterfront Council of the International Longshoremen's Association with respect to the economic impact of current govern- ment policies respecting the Port of Saint John. Mr. Orr, read from a prepared brief (copies of which were previously forwarded to Council members) and stated that the Port of Saint John has, in recent years, witnessed a steady decline in port cargo volume and although economic recession has to be seen as the initial cause, ice-breaking services on the St. Lawrence River and the ever-increasing use of outports by New Brunswick shippers is a threat to the Port and that the "New Brunswick Public Port Master Plan Study" has selected three areas for development, namely, Dalhousie, the Mirimichi, and Sand Point at a total cost of $8.06 million. I Her Worship the Mayor thanked Mr. Orr and the members of his Association for their efforts in the presentation of the brief and the hard work which has gone into its preparation and advised that Council is very aware of the situation which is developing at the Port and is concerned. Mayor Wayne outlined the three ways of financing ports in Canada, namely, Ports Canada, Commission Ports, and Public Wharves and Harbours, and noted that when these different methods of funding and payback are taken into consideration, it becomes obvious that our tax dollars are not being used fairly, and that when ports in Canada are pursuing the same cargo, they should be using the same repayment mehods. Mayor Wayne assured Mr. Orr that his report and suggestions concerning improvements will be included in the City's detailed review of how the tax dollar is spent and if the total system is fair or equal across Canada. 1 (Councillor Vaughan withdrew from the meeting during the foregoing discussion.) Mrs. Frances Brownell, Vice-Chairman of the Saint John Environment Committee, addressed Council with respect to the deterioration of the water quality in the area of Mosquito Cove and Dominion Park Road Bridge and distributed photographs of the said area. She noted that noticeable raw sewage has been present in the water since 1980 and the last test taken by the Provincial Depart- ment of the Environment in October 1983 shows high readings of fecal coliform, however, inquiries have . resulted in assurance from the City's engineering and Works Department that the sewage system is work- ing properly. Further tests in October 1983 indicated raw sewage was located in the area of the three City pumping stations located off Dominion Park Road, west of the bridge and off Dwyer Road and she noted that each station has an overflow provision which allows raw sewage to escape into the water. The Committee is recommending that Council give direction to the City Manager to initiate steps which will determine the direct and indirect causes and procedures which can rectify these problems and ..... ~ 293 result in a proper water quality in the Mosquito Cove area. On motion of Councillor M. Vincent . Seconded by Councillor Flewwelling ESOLVED that the above matter be referred to the City Manager and staff for study and examination and that the City of Saint John act as a catalyst in bringing together the various levels of government to see that the matter is addressed as to the viability, responsibility and correction. Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that Messrs. Abe Calp and Earle W. H. Wood be appointed to the Board of Governors of The Saint John 1985 Canada Summer Games Society, Inc., for a term to expire, March 31, 1985. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Gould advising that The Bayside Lawn Bowling Club has been successful in obtaining a Federal Grant in the amount of $23,840.00 to up-grade their facilities which will attract competitive playing to Saint John and that the group requires an additional $8,000.00 to complete this project -- be referred for consideration in the capital budget. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Gould RESOLVED that the letter from Councillor Vaughan advising that the City of Saint John does not have a city flag and as the Canada Summer Games will be held in this City in 1985, not to mention the numerous civic functions throughout the year, it is recommended that the City Manager be directed to see that a flag be proclaimed as the official City of Saint John flag as soon as possible -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Murray ESOLVEDthat as recommended by the City Manager, tenders for the supply of lawn mowers be awarded in accordance with the recommendation contained in the submitted bid summary. Replying to a query from the Mayor with respect to the hiring of a horticulturist, Mr. McDermott advised that a competition has been conducted and he will be reporting to Council in the near future. Discussion arose as to whether the mowers in question were the proper ones to do the job required. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. (Councillor Gould withdrew from the meeting.) . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the fOllowing construction progress certificates for City Market renovations, namely:- 1. Contract CM#8 - Structural Repairs to Office Tower Roof Darkil Construction Ltd. Structural Reinforcing of Tower Roof Original Estimated Value of Contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated March 15, 1984 Final holdback release $17,600.00 21,752.00 Nil 18,489.20 $ 3,262.80 I 1 2. Contract CM#9 - Fourth Floor Renovations Darkil Construction Ltd. Interior renovations to fourth floor of Office Tower Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment Progress Estimate #4, dated March 14, 1985 Final holdback release $ 37,815.00 39,049.00 Nil 3,266.45 $ 5,782.55 . Question being taken, the motion was carried. lo.. "'lIIl 294 Consideration was given to a letter from the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, recommending that the contract for C.C.I. #20, Waterfront Boardwalk, Phase II, be awarded to the low tenderer, Lundrigan's Construction Ltd., at their bid price of $361,519.00, and further, that the Mayor and Common Clerk be authorized to execute . the necessary contract documents. On motion of Councillor ,Flewwelling Seconded by Councillor Knibb RESOLVED that the contract for C.C.I. #20 - Waterfront Board- walk - Phase II be awarded to Shamrock Construction Ltd., at their tendered price of $363,126.00, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Gould re-entered the meeting.) I Speaking in opposition to the motion, Councillor Murray stated the low tenderer, Construction Ltd. has been recommended by the Project Manager and has local people working and he can see no reason why the low tenderer should not receive the award. Councillor A. noted that the company is local and they have an office on Stanley Street. Lundrigan's for them Vincent Question being taken, the motion was lost, a tie vote having been created with Councillors M. Vincent, Murray, A. Vincent and Schermerhorn voting "nay". On motion of Councillor Murray I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, the contract for C.C.I. #20 - Waterfront Boardwalk - Phase II be awarded to the low tenderer, Lundrigan's Construction Ltd., at their bid price of $361,519.00,' and 'further, that the Mayor and Comm~n Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was lost, a tie vot having been created with the Mayor and Councillors Flewwelling, ,Gould and Knibb voting "nay". . On motion of Councillor, Gould Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Murray ---- Seconded by Councillor M. Vincent 3 RESOLVED that the letter from the City Manager advising that Common Council approved the City's involvement in the Great Canadian Participation Challenge on No~ember 14,,19~, and recommending that financial assistance in the amount of $1,000.00 be provided to the Saint John YMCA for their coordination services and that they be requested to provide the City with a proper financial statement at the completion of this event -- be received and filed and the recommendation adopted. I Councillor Murray, Council's liaison to the committee co-ordinating the challenge between the City'of Ottawa and our City for the above event, advised that the committee is working toward showing that Saint John is one of the fittest cities in Canada, and winning the challenge on May 16th, 1984, and he urged all citizens to participate in this event. ' Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor GoUld RESOLVED that the letter from the City Manager containing a report with respect to the replacement of a guard rail at the Glen View United Church and the request that he determine whether or not a claim had been made against the insurance company, advising that the matter has been investigated and the Commissioner of Engineering and Works has advised that the cost was less than $250.00 and well within the deductive limits of the insurance policy and for this reason no claim was made against the insurance company involved -- be received and filed. Councillor A. Vincent questioned the City's cost for labour in the above matter and noted that he has viewed the area and requested information on the city's legal liability to erect a guard rail on a portion of property which has an 18 'foot drop in this area. I (Councillor Murray withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a copy of a report, prepared by Mr. C. E. Nicolle, Director of Recreation and Parks, with respect to the improvements planned for the Beaconsfield service building a~d play area, which was broached in a letter to Common Council from Donald W. Smith and considered at Council's meeting of March 5, 1984 -- be received and filed and a copy of the report forwarded to Mr. Smith. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . 'Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a report, prepared by Mr. C. A. Robichaud, Commissioner of Engineering and Works, with respect to a request from the Boys & Girls Club for scrap wood from the City Carpenter Shop, which was considered ..... ~ 295 . 1 1 . 1 . I 1 . lo.. at Council's meeting of March 12, 1984 -- be received and filed and the request be granted on the conditions as set by the Engineering and Works Department and outlined in the said report. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that with regard to the request of Dianne Plant to lease or purchase land at Rockwood Park opposite the entrance to Lily Lake on Mount Pleasant Avenue for the development of a miniature golf course, Common Council approve the recommendation of the City Manager that Mrs. Plant be informed that this property is not for sale or lease at this time. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that Common Council, at its meeting of F'ebruary 20, 1984, referred the matter of a retainer fee agreement between the Quispamsis Community Centre, the Kennebecasis Valley Area and the City of Saint John for the service of the City refrigeration specialist, and the City Solicitor has now advised that as the services are being provided by the City of Saint John outside the boundaries of the municipality, the Municipality Act provides that such an arrangement be the subject of an Agreement executed by the proper signing officers and it is presently being drafted for submission to Council for authority to execute; also advising that there are a number of similar situations, most of which are covered by formal agreements such as agreements with respect to Point Lepreau back-up fire protection, the winter maintenance of the road to Cape Spencer, and ambulance service to Mispec and Upper Golden Grove, and further outlining a number of written agreements which are not entered into by the authorized signing officers, under seal, and recommending that the report be received and filed, and that in accordance with the advice of the City Solicitor, formal agreements be executed with respect to any continuing service provided by the City of Saint John to third parties outside the boundaries of the City -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor, advising that as a result of various meetings between representatives and solicitors for the different levels of government pertaining to the Market Square complex, it is now necessary to give authority for the execution of the Third Amending Agree- ment, and submitting two proposed resolutions for Council's consideration in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the Mayor and Common Clerk be authorized to execute the Third Amending Agreement dated as of May 31, 1983 between The City of Saint John; Canada Mortgage and Housing Corporation; New Brunswick Housing Corporation; Market Square Corporation; The Rocca Group Square Develop ment Limited and Centennial Leaseholds Limited: AND FURTHER that The City of Saint John consent to The Market Square Corporation entering into the agreement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Mayor and Common Clerk be authorized to execute two Right of Way/Easement Agreements with The Rocca Group Market Square Development Limited (relative to the parking garage premises) for the benefit of the bachelor and luxury housing: AND FURTHER that the Mayor and Common Clerk be authorized to execute the Easement Agreement with Canada Mortgage and Housing Corporation in respect to the CMHC sub-leased premises in the parking garage, for the benefit of the modest rental housing: AND FURTHER that the Mayor and Common Clerk be authorized to execute the Right of Way/Easement Agreement with The Market Square Corporation in respect of the modest rental housing premises for the benefit of the housing common area. Question being taken, the motion was carried. (Councillor Murray re-entered the meeting.) 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 begs leave to report that it sat on March 12, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendation, namely:- 1. That the non-Union secretarial staff be given the same wage increase in 1984 as Local 486 employees, namely 6.76%. 19 March, 1984 Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air ill a n. (sgd.) "'lIIl ~96 On motion of Councillor Kcibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. ... Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent, RESOLVED that the matter of salary increases for non-Union employees and holiday relief firefighters be added to the agenda for consideration at this time. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended approve a salary increase of 5% for non-Union employees, effective by the City Manager, Common Council January 1st, 1984. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 1 On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that as recommended by the City, Manager, Common Council approve a salary increase of 6.76% for holiday relief firefighters, effective January 1, 1984. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould . RESOLVED that the letter from the Committee of Citizens, Lord Beaverbrook Rink, with regard to the removal of the mobUe sign at the Lord BeaverbroOk Rink, advising that they are not aware of any intentional delay or non-compliance regarding this matter -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the request of the Saint John District Labour Council to appear before Common Council for the purpose of presenting Council with a petition from the citizens of Saint John in opposition to the recent cut backs in City transit service, be 1 approved. Question being taken~ the motion was carried. Mr. Larry Hanley, President of the Saint John District Labour Council appeared before Council and presented a petition containing in excess of 7,000 names of citizens concerned with the recent cutbacks in transit service. Mr. Hanley noted that if the transit system is not reliable and is subject to reductions in service, the ridership will be reduced which will result in a larger deficit required to be funded by the taxpayer. He stated that he feels the cutback in transit service was the result of a reduction in the Transit Commission's budget by the City, and therefore the petition should properly be presented to Common Council, rather than to the Saint John Transit Commission. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. J. Ladds Batten requesting permission for the continuation of existing overhead utilities (power and telephone) to the end of the Ragged Point Road -- be referred to the City Manager and staff for a report and recommendation. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn I RESOLVED that the letter from The Architects Association of New Brunswick advising that property at 73 Duke Street was rezoned to "B-2" General Business subject to a resolution in accordance with section 39 of the Community Planning Act requiring that any permitted use be approved by Common Council; and advising that the Association intends to use the building as office premises and requesting that Common Council approve such use -- be received and filed and the request granted. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mrs. Lori Robichaud expressing interest in purchasing city-owned property between 371 and 387 Woodville Road -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. . .... ,.... 2~rt On motion of Councillor Scherme~horn . Seconded by Councillor Flewwelling RESOLVED that the letter from Caton Developments Ltd. containing an application to the National Parks Centennial Citizens' Committee Inc. for endorsement with respect to funding for the preservation of the national designated Prince William Street streetscape including such items as sidewalk replacement, p~anting and street illumination -- be referred to the City Manager and staff for appropriate action. It was noted that the deadline for submissions under the above program is April 1st, 1984. Question being taken, the motion was carried. 1 On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 YhMl~ ~"";:/'-{ Common Clerk. At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of March, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; J. Nugent, Solicitor; C. Robichaud, Commissioner of Engineering and Works; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; W. Todd, Executive Director of Housing; J. Johnson, Building Inspector; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Dr. Brian G. Sheehan, Chancellor of the Roman Catholic Diocese of Saint John, offered the opening prayer. On motion of Councillor Schermerhorn 19, 1984, be adopted. Seconded by Councillor Poley RESOLVED that minutes of the meeting of Common Council, held on March Question being taken, the motion was carried. . Her Worship the Mayor referred to a report from the Recreation and Parks Department (copies of which were forwarded to Council members as an information item) regarding suggested fees and charges for concessions, use of sportsfields, etc., and suggested that, as staff is seeking Council's direction on this matter, it should be added to the agenda for consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above item be added to the agenda for consideration I at this meeting of Council. Question being taken, the motion was carried. I Her Worship the Mayor confirmed that, as was broadcast over a local radio station earlier this date, Mr. J. F. Ross has retired from the position of Chief of Police for the City of Saint John effective March 18, 1984, and noted that, although former Chief Ross had elected to remain with the City until June 1984 having been eligible for retirement in January 1984, he recently became ill and is presently in hospital. The Mayor suggested that a letter of thanks should be forwarded, on behalf of the Mayor and members of Common Council, to former Chief Ross for his many years of service to the City of Saint John. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that an expression of thanks be extended to Mr. J. F. Ross, former Chief of Police, for his many years of dedicated service to the City of Saint John. Question being taken, the motion was carried. . Councillor Flewwelling referred to a notice in the March 23, 1984 edition of The Evening Times- Globe newspaper of the annual meeting of the members of the Exhibition Association of the City and County of Saint John to be held on Friday, March 30, 1984 at 12:30 p.m. at Exhibition Park, and he noted that all Council members are members of this Association. ... 2,98 ~ On motion of Councillor Flewwelling Seconded by Councillor Poley RESOLVED that the letter from Mayor Wayne advising that, as a ... follow-up to a reference made by Councillor A. Vincent at Council's last meeting with respect to the status of the new Justice complex, she made inquiries in this regard and it would appear that the Province has been contemplating the renovation of the second floor of the Provincial Building on Charlotte Street to provide for a second jury courtroom instead of proceeding with a Justice complex at this time; expressing the opinion that this band-aid approach is not suitable nor acceptable and recommending that the City Manager immediately contact the Justice Department to determine its intention in this matter and to report to Council, and further that Council meet immediately with the MLAs for the Saint John area to discuss this matter -- be received and filed and the recommendation adopted. Councillor Knibb expressed the opinion, based on his understanding that the City has trans- I ferred the property at the corner of King Street East and Carmarthen Street to the Province of New Brunswick as the site for the justice complex for the sum of $1.00, that the Province has an obligation to the City to proceed with this complex as planned. Question being taken, the motion was,carried. (Councillor A. Vincent entered the meeting.) Read a letter from Councillor Vaughan proposing that Common Council adopt a policy whereby individuals and groups going outside the Province to participate in sports competitions and conferences be provided, free of charge, lapel pins and promotional material by the Tourism and Public Relations Department and that staff be so instructed. I Councillor Vaughan suggested that, although persons are able to obtain two different types of promotional items through the above Department for the sum of $1.00 each, there should be criteria in place providing for such material to be available free of charge thereby discouraging the practice of individuals approaching Council members in this regard and also as this provides an inexpensive and effective method of promoting the City. On motion of Councillor Vaughan ... Seconded by Councillor M. Vincent RESOLVED that Common Council adopt a policy whereby individuals and groups travelling outside the Province to participate in sports competitions and conferences be pro- vided, free of charge, lapel pins and promotional material by the Tourism and Public Relations. Councillor Knibb concurred that the above proposal would provide for a desirable form of pro- moting the City and suggested that this matter should be referred to the City Manager and Commissioner of Finance to determine the availability of funding for same. Ms. Huntington-LeBlanc, replying to a query of the Mayor, advised that, using certain discretion, the Tourism and Public Relations Department depleted an inventory of approximately 47,000 items, including lapel pins, Bicentennial buttons and fabric decals in 1983, and also advised that there are presently two types of give-away items. Ms. Huntington-LeBlanc explained that, under certain circumstances, the promotional items which are sold I for $1.00 are given free of charge. Councillor Murray suggested that the Tourism and Public Relations Department should review the possibility of devising a new public relations campaign to be initiated in 1985, the year of the Saint John Canada Summer Games, in order to improve the City's competitive position in attracting groups to Saint John. The number of items to be supplied free of charge to each person concerned was discussed as was the possibility of providing one type of item for children and another for adults and the Mayor suggested that this matter should be referred to the Director of Tourism and Public Relations for a report regarding the number of promotional items distributed to groups travelling outside the Province and the cost thereof and to categorize the number of items provided to team members and other groups. On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the Director of Tourism and Public Relations for a report at Council's' next meeting. ... Read a letter from Councillor M. Vincent referring to the submission at Council's last meeting of a brief containing over 7,000 names of petitioners addressing the issue of reduction in bus service, expressing the opinion that it is incumbent upon Council to act in an appropriate fashion on this matter as a result of the over 7,000 signatures gathered, as well as a result of a motion, which was lost due to a five-five tie at Council's meeting of March 12, 1984, such motion requesting that this matter be forwarded to staff for further financial examination and on which five Councillors, which represents nearly 50 per cent of the Council, spoke in favour of such resolution, and expressing the intent to reintroduce a motion asking that senior staff assess the funding possibility necessary to reinstate full transit service and advise Council through a report of the results thereof within a two-week period. I On motion of Councillor M. Vincent Seconded by Councillor Murray RESOLVED that the above matter be referred to the appropriate staff for examination of the possibility of funding necessary to reinstate full transit service and report to Council within a two-week period. I Councillor Knibb expressed opposition to the above motion due to the unavailability of funding to further increase the Transit Commission's budget of which Council is already aware. Councillor Schermerhorn expressed the understanding, based on information he received from the Transit Commission, that a total of 145 persons have been affected to date by the reduction in transit service which has been in effect for two weeks and he disagreed with the idea of providing an additional $100,000.00 to the Transit Commission to restore the transit service thereby resulting in an additional one-half per cent increase on the tax rate. Deputy Mayor Davis expressed the opinion that, as the reduction in transit service represents a reduction in service to approximately 200 persons at an average cost of $500.00 per passenger, there is no reason for Council to request staff to restudy this matter. Councillor M. Vincent clarified his intent in proposing the above motion in that he wishes staff to examine the City's present programs and priorities in an attempt to reassess same to determine if Council wishes to redirect funding from one budget to another and that he is not suggesting that the tax rate be increased. ... (Councillor Gould entered the meeting during the foregoing discussion.) ~ JlI"'" 2~~ Question being taken, the motion waS lost with the Mayor and Councillors Davis, Flewwelling, Gould, Knibb, Poley and Schermerhorn voting "nay". ... Read a letter from Councillor Flewwelling requesting information from staff as to the present use as a road of the fire lane located off the left side of Park Avenue travelling east. I Councillor Flewwelling expressed the understanding that, when the City is disposing of fire lanes, property owners adjacent to same are given the opportunity to purchase the subject land, and he alluded to a recent situation whereby a fire lane became a roadway, that being on Park Avenue, which provides access to a recently-constructed NB Tel building. Councillor Flewwelling questioned on whose authority such roadway is being used in this manner and he requested the City Manager to report on this matter. Mr. McDermott advised that the driveway in question is designated as "LC" Local Control and is classed as a fire lane and as such, the City has no control over it, however it has been the practice in the past, if all adjoining owners want to acquire the portion bordering their property, for the City to acquire title, have each segment surveyed and deed same to the respective owners for the cost involved. Councillor Flewwelling requested that this matter be reviewed as, in his opinion, the City should have control over such fire lanes and that it is unfair for property owners in the subject area to be subjected to the activity created by the subject fire lane being used as a driveway. On motion of Councillor Gould I Seconded by Councillor Poley RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- 1. Market Square Development, City Centre Improvements - Contract CCI #11 - Smythe Street South Que-Mar Construction (Maritimes) Ltd. Construction of Smythe Street South Current budget allotment Total work done, Estimate Number 9 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 9, dated March 12, 1984 Final release of holdback after completion of outstanding deficiencies $804,247.57 804,247.57 Nil 800,007.57 $ 4,240.00 I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb '" RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Appraisals (Fundy) Ltd., in the amount of $600.00, for appraisal of Lot "D" located at South Market Wharf, the partnership's approval for payment of this account having been acknowledged. Question being taken, the motion was carried. On motion of Councillor Gould ... Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the tender for lawn mowers, which was tabled at Council's last meeting, advising that the type of lawn mower to be used has been reviewed -- be received and filed: AND FURTHER that as recommended by the City Manager, tenders for the supply of lawn mowers be awarded in accordance with the recommendation contained in the submitted bid summary. I A brief discussion ensued regarding a replacement for Mr. Malcolm Scott, who retired from the City in August 1983 and had the responsibility for maintaining the City's greenery, and respecting the reason for referring to Mr. R. Arseneau of Maritime Gardens rather than staff, the latter to which the Mayor replied that the matter of lawn and tree maintenance was first discussed with Mr. Arseneau during Mr. Scott's illness. Question being taken, the motion was carried. I Read a letter from the City Manager regarding City Centre Improvements - Contract #20, Waterfront Boardwalk - Phase 2, which was tabled at Council's last meeting, advising that Mr. Fred Dixon of 96 Stanley Street is the Manager of Lundrigan's Construction Limited, stating that it is essential that this job be awarded this week as the bids expire April 4, and recommending that this contract be awarded to Lundrigan's Construction Limited, at the tendered price of $361,519.00 and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Consideration was also given to a letter from Mr. F. Dixon, New Brunswick Manager of Lundrigans Construction Limited, submitting a letter addressing Council's deferral in awarding Contract CCI #20, Waterfront Boardwalk - Phase 2, on March 19, 1984, and indicating his intent to be present at the March 26, 1984 meeting of Common Council to answer any queries thereon. ... lo. ""Ill :!60~ On motion of Councillor Murray Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager and Mr. S. J. ... Armstrong, City Representative for City Centre Improvements, the contract for CCI #20 - Waterfront Boardwalk - Phase 2 be awarded to the low tenderer, Lundrigan's Construction Limited, at the tendered price of $361,519.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Knibb noted the presence in the Council Chamber of Mr. F. Dixon of Lundrigans Construction Limited and Mr. B. Elliot of Shamrock Construction Ltd., both companies having tendered on the above project, and expressed opposition to the above motion on the basis that the latter company has been in operation in the City for some time while the former company is relatively new to I the area and, in his opinion, the approximate .4% higher tender submitted by Shamrock Construction Ltd., the second lowest tenderer, should be accepted. Question being taken, the motion was carried with Councillors Gould and Knibb voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. F. Dixon, New Brunswick I Manager of Lundrigans Construction limited regarding Council's deferral of a decision with respect to the awarding of Contract CCI #20, Waterfront Boardwalk - Phase 2 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the submitted application for grant assistance from the East Suburban Little League requesting assistance for a banquet to be held during the Canadian Senior Little League Tournament to be held August 5, 1984 -- be referred to the grants committee for consideration. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding Canada Ports Corporation leases - Courtenay Bay Causeway, numbers S-188, S-199 and S-192, which was considered at Council's meeting of February 27, 1984, advising that this Corporation has stated that there will be no change in its present position and also that the same comment was made with regard to Water Street, and that this Corporation will continue to bill these yearly charges to the City -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress ,certificate, namely:- 1. Linton Road, Mollins Drive, Ketepec By-Road #4 Storm Sewer Construction J. K. Construction Limited Supply and install approximately 1,600' of 8", 12", 15" and 21" storm sewer pipe plus appurtenances Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated March 14, 1984 Final holdback release $72,242.50 62,893.95 Nil 61,007.13 ... $ 1,886.82 Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding relocation of the various utilities and the railway signal system at the present crossing site with respect to the Church Avenue grade separation, which will be carried out under the supervision of the City's on- site inspection services and within the schedule of the work as established by the general contractor with all expenses related to such work being sharable items of cost on the project; advising that the following indicated costs are engineering estimates from the various utilities and are subject to variation as the work is actually completed and that costs will be monitored by staff and actual costs incurred will be paid as necessary:- (1) N.B. Tel - $14,000.00; (2) The Power Commission of the City of Saint John - $49,600.00; (3) Fundy Cablevision - $4,000.00; (4) CNCP Telecommunications _ $10,900.00; (5) CP Rail (signals) $30,000.00; (6) The Power Commission of the City of Saint John (street lighting for new alignment) - $89,000.00; and (7) J. D. Irving Co. Ltd. - $10,000.00, the latter expense being related to costs necessary to extend this company's electrical services from the present position to the newly-located pole line; also advising that none of this work is included in the general contract awarded to apron Maritimes Construction Ltd. and that it is staff's intention to handle the payment of claims from the companies concerned in the same manner as progress payments on contracts, and recommending that staff be authorized to issue letters of authorization to proceed to the various companies as listed herein for the purpose of utility relocation on the Church Avenue grade separation project -- be received and filed and the recommendation adopted. I ... ... II"" ;$01 Discussion ensued during which time Councillor A. Vincent asked why such payments are being proposed rather than have each utility expend the necessary relocation costs to which Mr. McDermott noted that, as the City is relocating the roadway, it is normal for the City to assume such costs in these cases, and Mr. Armstrong commented on this matter as well as on the matter of Federal Government funding contribution and the budgeted amount with respect to the Church Avenue grade separation project. Councillor A. Vincent questioned the expenditure concerned to install underground wiring in the subject area and suggested that this matter should be tabled for one week in order for such cost to be determined by staff. Councillor M. Vincent requested that, in future, when items such as those above are to be included in a contract but are not part of the cost-sharing arrangements, Council be advised of same. ... Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the public tender for the supply of one tire spreader to which two companies responded as follows:- Commercial Equipment Ltd. - $10,906.16, and Sumner Tire & Automotive Ltd. - $10,350.00, with the latter tenderer suggesting, as an alternative to its tender, another unit at a lower cost which the Engineering and Works Department has reviewed and determined will meet the City's needs, and recommending that the tenders of Commercial E~uipment Ltd. and Sumner Tire & Automotive Ltd. be rejected and that new bids be sought based on revised specifications be received and filed and the recommendation adopted. Mr. Rodgers, replying to a query of the Mayor, expressed the opinion that, based on the face of the above report, there is nothing to prevent Council from taking the above-proposed action and that he assumes that it is the intent to purchase the required equipment on a competitive basis whereby companies will be able to bid on same. Question being taken, the motion was carried. On motion of Councillor M. Vincent ... Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding a Notice of Motion as the first step in the permanent financing of certain capital projects, noting that such Notice does not commit the City to any further action however, it does place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit, and also noting that coupon rates and terms at which the bonds will be issued will be related to the market conditions at that time -- be received and filed. Question being taken, the motion was carried. Her Worship the Mayor ,gave the following Notice of Motion: "I do hereby give Notice that I will, at a meeting of the Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution, namely:- I 'RESOLVED that occasion having arisen in the public interest of the following public civic works and needed Civic Improvements, that is to say: GENERAL FUND Transportation University Avenue $144,581; Reinstatements - Several Streets $34,944; Tree Planting $20,754; Wright Street $46,499; Highway 102 $72,989; Retaining Walls - Union Street $27,527; Anglin Drive $47,834; Asphalt Planing $39,139; Bridge Street $21,813; Brown Street $42,090; Chipsealing $33,21l; Churchland Road $43,476; Culverts $35,754;Fallsview Drive $63;370; Golden Grove Road $29,157; Goldsworthy Road $20,016; Hillcrest Road $28,853; Kennebecasis Drive $96,866; Lancaster Avenue $24,640; Lancaster Street $23,702; Main Street West $22,014; Manners Sutton Road $73,669; Millidge Avenue $41,224; Pitt Street $21,443; Salt Shed $26,105; West Side Garage & Police Station $92,330 -- $1,174,000 ... Environmental Development Land Purchases $700,000 Recreation I Dominion Park Facilities $49,181; Lord Beaverbrook Rink $79,322; St. Rose Ballfield $109,738; Silver Falls Park Sportsfield $21,537; Upgrade Playground & Sportsfield $51,348; Community Development Projects $28,444; Allison Grounds $93,946; Chain Link Fencing, Various Fields $69,421; Canada Games $1,497,063 -- $2,000,000 Housing First L.D.H. Ltd. $126,000 Total General Fund - $4,000,000 WATER AND SEWERAGE UTILITY I Water System Young Street $40,220; Rothesay Avenue $109,429; Cleaning Watermains - West Side $21,612; Crown Street $37;033; Golding Street $53,769; Hilyard Street $35,852; Sand Cove Road - Cushing Street $71,945; West Side Water Supply $8,431; Loch Lomond Road $29,766; Watershed Development $41,943 -- $450,000 Sewer System ... Colpitts Subdivision $21,180; Hilyard Street $21,648; Manners Sutton Road $43,119; Rothesay Avenue $212,067; City Road $39,977; Loch Lomond Road $18,877; Cedar Point Trailer Park $9,617; Demonts Street $26,884; Douglas Avenue $50,080; Dwyer Road $l5,257; Morna Heights $19,621; Mount Pleasant Court $31,558; Spruce Street $40,115 -- $550,000 Total Water and Sewerage Utility - $1,000,000 Total for all purposes - $5,000,000 $5,000,000 lo. "'llIl ~ 0.2; THEREFORE RESOLVED that Debentures be issued under provlslons of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $5,000,000.'''. On motion of Councillor Schermerhorn ... Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, approval be granted to expend $16,412.00 for the necessary repairs to Unit #702, a 1972 front-end loader. (Councillor Vaughan withdrew from the meeting. ) During ensuing discussion, Mr. Robichaud advised that Stephen Paving (1982) Ltd. is prepared to supply hot-mix asphalt on April 2, 1984 and that he is of the understanding that this plant is operating from the same location. I Question being taken, the motion was carried. (Councillor Vaughan re-entered the meeting.) On .motion of Councillor Vaughan Seconded by Councillor Poley I RESOLVED that the report from the Recreation and Parks Department submitting a schedule of 1984 proposed fees and charges for, among other things, athletic rates for primary and secondary sportsfields for senior, intermediate, junior and juvenile and below groups, which was approved by the Recreation and Parks Advisory Board following some adjustments which were agreed to by the said Department, with one exception where agreement was not reached, that being with respect to initiating charges for use by youth of fully-services ballfields; advising that the said Board is of the view that there should continue to be no charge for this service because it would add another burden to volunteers and possibly discourage some youth from being able to play and that, although staff appreciates this point of view, revenue from this source has been budgeted to help offset costs associated with fully-serviced fields and seeking direction from Council in this regard -- be received and filed and the proposed rates be adopted with Council adopting the 4It Recreation and Parks Advisory Board's recommendation that there continue to be no charge for youth and juvenile and below groups for ,use of fully-serviced ballfields. During ensuing discussion Councillor M. Vincent suggested that, although he concurs with the intent of the above motion, the imposition of user fees should also be applied to other groups, such as those of an age group in the junior range who are possibly employed and able to financially afford an increase. Mr. Brownell, replying to a query of Councillor Murray, confirmed that the submitted list of athletic rates are for fields which are class-one fields which are lighted and require on-site staff. Mr. Brownell, in response to a question of Councillor Flewwelling, confirmed that the proposed rates, as indicated in the submitted correspondence, were the totals used in the preparation of the 1984 budget. Question being taken, the motion was lost with the Mayor and Councillors Flewwelling, Gould, Murray, Schermerhorn, A. Vincent and M. Vincent voting "nay". On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that Council adopt the 1984 fees and charges as recommended by the Recreation and Parks Department in the above-submitted correspondence. Question being taken, the motion was carried with Councillors Vaughan and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor regarding the Environment Committee's request for enactment of a by-law governing the fouling of property by dogs, which was considered by Council at its meeting of February 6, 1984, expressing the opinion that, based on an examination of Section 96 of the Municipalities Act, there is no authority for a municipality in the Province of New Brunswick, under current legislation, to regulate the matter as proposed by the Environment Committee for the reasons stated herein, and suggesting that, if Council is desirous of enacting the sort of regulation proposed by the said Committee, it would be necessary for Council to ask the Minister of Municipal Affairs to consider amending the Municipalities Act to provide the necessary authority -- be received and filed and a copy forwarded to the Environment Committee. ... Councillor Flewwelling suggested that the City's Charter should be utilized in this regard rather than seeking the Province's approval under the Municipalities Act to which Mr. Rodgers noted that the policy over the past fifteen years has been not to use the Charter when dealing with matters which are covered by the Municipalities Act, however he would review the Charter to determine if there is appropriate authority to cover the above subject matter, if Council so wishes. I Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Knibb RESOLVED that the City Solicitor be requested to submit a report to Council regarding matters whereby the City's Charter takes precedence over the Municipalities Act. Question being taken, the motion was carried. (Councillors Gould and Poley withdrew from the meeting.) Consideration was given to third reading of a proposed Municipal Plan amendment, which was given first and second readings at Council's last meeting, regarding property located on the eastern side of Charlotte Street, between Broad Street and Broadway Avenue, as requested by Regal Wholesale. ... ~ ,.... 70W3 ... I I ... I ... I I ... lo. The Mayor advised that the City Solicitor is of the oplnlon that, as re-zoning of the above property is not being considered at this time, this matter should be tabled until such time as the said company applies with a proper proposal for re-zoning of same, and she noted that Regal Wholesale has up to six months to do so and in the interim can continue to operate under a legal non-conforming use. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED 'that the above matter be laid on the table. Question being taken, the tabling motion was carried. (Councillor Poley re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.I.S. Number 017640), and known as civic number 326 Union Street, from Medium Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. (Councillor Gould re-entered the meeting.) Councillor Poley noted that both the Planning Advisory Committee and Planning staff have recommended against the above-proposed amendment and expressed opposition to permitting an auto body repair business in an area that is primarily residential. Mr. Winch, replying to a query of Councillor M. Vincent, noted that there is a wide array of uses to which the subject property could be utilized, some of which in his opinion wOlud be unsuitable to the location and Councillor M. Vincent suggested that problems could occur by the increased'tr~fic flow in and out of the auto body shop. Councillor A. Vincent questioned the ownership of the subject property to which Mr. Winch replied that the application for re-zoning is co-signed by the Federal Business Development Bank. Question being taken, the motion was carried with Councillors Murray, Poley, Schermerhorn, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the by-law entitled, "By-Law Number C.P. 100-6 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land having a width of approximately 40 feet and a depth of 125 feet located on the south side of Union Street approximately 80 feet east of Wentworth Street (L.R.I.S. Number 017640), and known as civic number 326 Union Street, from "RM-l" Three-Storey Multiple Residential to "I-l" Light Industrial 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. 100-6 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 with Councillors Murray, Poley, Schermerhorn, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "By-Law Number C.P. 100-7 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a 4.9 acres parcel of land with frontage on Spruce Avenue, Bayside Drive and Mount Pleasant Avenue (L.R.I.S. Numbers 342600, 346791 and 55023949), from "R-2" One- and Two-Family Residential and "B-2" General Business to "IL-l" Neigh- b01IThood Institutional 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. 100-7 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. Read a report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole report s Your Committee begs leave to report that it sat on March 19, 1984 when there were present Mayor Wayne and Councillors Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the Zoning By-Law be amended to increase the maximum size of freestanding signs in "B-1" and "BR" zones from 4.5 square metres to 6.0 square metres; that advertising be authorized; and that the proposal be referred to the Planning Advisory Committee: AND FURTHER that no action be taken to amend the Zoning By-Law to provide for church directional signs on streets as requested by the First Wesleyan Church. 2. That the request for a grant regarding the Telephone Pioneers of America, Region 1 Assembly, to be held in Saint John in May 1984, be denied. ' $O~ ~ 3. That as recommended by the City'Manager, grants be given to assist persons or groups attempting to acquire vacant land or deteriorated buildings on which there are outstanding claims by the City, under the following guidelines: (1) while any group, organization or individual is eligible to apply for grant assistance, charitable non-profit organizations will most likely be able to make the proper arguments to substantiate the need for grant assistance; and ... (2) the amount of the grant assistance will not exceed the outstanding claims which the City has against the property; and (3) the property being purchased must be used for new housing construction, the rehabilitation of deteriorated units or housing association improvements such as off-street parking and land- scaping; and I (4) if a grant is approved by Council that such grant not be paid until the development or improvement of the subject property has commenced. 4. That with regard to the application from the Unity Club for a grant in lieu of rent for space in the City-owned building at 39 princess Street, the Unity Club be asked to jointly use space presently occupied by The Big Book Group in the said building. 5. That as recommended by the City Manager, 760 square feet of space on the first floor of the I Brodie Building, Princess Street, (as shown on the attached plan), be leased to the Bi-Capitol Project Incorporated under the following terms; (1) the lease to be for one year from April 1, 1984; (2) a clause to be included allowing cancellation on one month's notice; (3) the rental to be $400.00 per month payable in advance; (4) the City to thoroughly clean the floors, windows and woodwork prior to April 1, 1984 and to clean and maintain the common hall and entrance; (5) the lessee to be responsible for main- taining the space, including heat, electricity, cleaning, replacement of worn-out lights and repairs caused because of some action on their part; (6) the City to be responsible for exterior maintenance and any major repairs; and (7) that the Mayor and Common Clerk be authorized to sign any documents necessary to complete the transaction. 6. That as recommended by the City Manager, Common Council approve in principle the sale of 4It property at the corner of Ridge Rowand Island View Drive; that a staff appraisal be completed to estimate the market value; that a public advertisement be placed in both local papers for four days over a two-week period ,calling for tenders to be received for the sale; and the advertisement to state that the property must be developed in conformity with the zoning restriction within one year of receiving title, that a 5% deposit be required which would be applied against the purchase price, and that an upset price be established equal to the appraised value. Saint John, N.B., March 26, 1984. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air ill a ll. On motion of Counlllor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. I (Councillor M. 'Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn I RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb ~ RESOLVED that the report from the Planning Advisory Committee ~ regarding the report of the Housing Policies Committee, expressing agreement with the general thrust of the recommendations which is that the City should assume a more active role in the production of housing; ~ ~ jt5 suggesting that the most significant factor that will determine the success of the establishment of new housing will be the "planning environment", and submitting additional comments with respect to the said report; and urging Council to make an on-going commitment in time and resources to this important subject be received'and filed with appreciation. ... I Councillor Knibb suggested that, based on his understanding that housing development is being delayed due to a concern that the above study may result in major changes in policy due to a concern that the above study may result in major changes in policy, it is important to put into place the new housing commission. The Mayor noted that the proposed legislation for the establishment of such a commission is progressing and that certain matters regarding same are being discussed with Canada Mortgage and Housing Corporation. Councillor Poley suggested that an interim steering committee could be established to review the report of the Housing Policies Committee, as well as the various reports thereon in an attempt to co-ordinate same for subsequent consideration by the new housing group. Councillor A. Vincent referred to a letter to Mr. Todd from Scottish Enterprises Ltd. (copies of which were forwarded to Council members as an information item) and questioned if it is possible to have the new housing legislation, once enacted, become effective as of April 1, 1984 in order to ease the concern of developers who wish to proceed with housing projects at this time. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, the sum of $1,566.00 be accepted in lieu of lands for public purposes with respect to the Ragged Point Recreational Inc. subdivision on Ragged Point Road. Question being taken, the motion was carried. On motion of Councillor Gould ... Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, the sum of $150.00 be accepted in lieu of land for public purposes with respect to the James Kirkpatrick subdivision at 2740 Golden Grove Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the retirement of Mr. David MacFarland, an employee of the Engineering and Works Department, on an actuarially-adjusted pension, effective May 1, 1984, in accordance with Section 4(2) of the Pension Act. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Murray RESOLVED that the letter from the Saint John Environment Committee regarding its discussion of ideas in which to improve the appearance of the City for the upcoming 1985 Canada Summer Games, submitting copies of correspondence with the Irving Pulp and Paper Mill with respect to this Committee's request that the said company co-ordinate its annual shut-down with the duration of the 1985 Canada Summer Games, and noting that, unfortunately, the Irving Pulp and Paper Mill is unable to comply with such request -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould ... x Seconded by Councillor Schermerhorn ~ RESOLVED that the letter from the Saint John Preservation Review Board requesting the opportunity to formall~ present its 1983 annual report to Common Council at its meeting of April 2, 1984, be received and filed and the request be granted. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mike Landers M.P., submitting a copy of a letter from The Honourable Lloyd Axworthy, Federal Minister of Transport, concerning the Maritime Freight Rates Act and the Atlantic Region Freight Assistance Act (MFRA!ARFAA) Subsidy Program Industry Impact Analysis -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Reverend H. Allan Whittaker concerning the recent increase in property taxes, suggesting that Common Council establish a committee to study this problem in an attempt to arrive at a lower tax rate structure -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould ... Seconded by Councillor Schermerhorn RESOLVED that the letter from Rhonda Rumson concerning the recent reduction in bus service, citing a personal incident which she considers could become more prevalent and present a dangerous situation for others who are made to wait for a bus, and expressing the opinion that the City should expend the necessary funds to maintain the transportation system -- be received and filed and she be thanked for her letter in regard. Question being taken, the motion was carried. ~ $OG' ""Ill On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Maria Richard advising of her intent ... to have the lot of land situated at 518 Watson Street subdivided and requesting an easement on the property shown as the shaded area on the submitted plan -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Wayne C. Doucette requesting to I purchase lot 11 on block 10 known as Tisdale Place -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Rupert Kelson, Jr., Manager of Kelson & Kelson, Ltd. explaining that his company's water and sewerage account is in arrears in the amount of $433.61 for the reason that, since the demolition of the building adjacent to his office approximately 4 years ago at which time the water was disconnected, his office which is located at 157 Prince Edward Street has had no water and, although he has discussed this matter with City staff on several occasions, he still continues to receive a bill; advising that, as he is now in the process of repairing his workshop to improve its appearance for the 1985 Canada Summer Games, it is necessary for the water to be connected, however his request to the City for water connection has been denied due to the unpaid account; express- ing the opinion that a person should not have to pay for services not received and requesting Common Council to consider his said request -- be referred to the City Manager for a report and recommendation. I Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Reverend Ivan Rayner, Chairman of the Citizens Committee, requesting that there be more fre~uent Police patrols of Dufferin Avenue due to the violation of parking restrictions by members of the Thistle-St. Andrews Curling Club and that the parking regulations be strictly enforced -- be referred to the City Manager and the Acting Chief of Police for appropriate action. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yh,?/ ~ YJzldrMd' Common Cler At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of April, A.D. 1984, at 7:00 o'clock p.m. ... present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - I Messrs. N. Barfoot, Assistant City Manager; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; M. Hanlon, Purchasing Agent; B. Steeves, Deputy Building Inspector; J. Brownell, Assistant Director of Recreation; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Philip Lee, Pastor of St. John and St. Stephen Presbyterian Church, offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on March 26, 1984, be adopted. Question being taken, the motion was carried. ... ..... ~ ~@? ... I I ... I ... I I ... lo. Her Worship the Mayor welcomed to the Council Chamber members of the Girl Guide Troop from St. Ann's Parish, Glen Falls, members of the 1st Ketepec Boy Scout Troop, and members of the Musquash Boy Scout Troop, who are working toward their citizenship badge, and she provided a brief verbal explanation of the Council meeting procedures. Her Worship the Mayor read a proclamation proclaiming the week of April 9 to 13, 1984 to be National Dental Health Week in the City of Saint John and urged all citizens and community organizations to join in this observance. The Mayor thanked the Province of New Brunswick for its grant of $10,000.00 toward the purchase of a new ambulance (which was discussed at Council's meeting of February 27,1984), and noted that The Honourable Gerald Merrithew, Provincial Minister of Natural Resources, presented her with a cheque in this amount earlier this date. Her Worship the Mayor referred to the Atlantic Canada Stage Band Festival '84, which was held in Saint John on March 29 to 31, 1984, at which the Saint John group placed first in its category and will subsequently be competing in May 1984 in Toronto, Ontario.. The Mayor also noted that there were seventeen bands competing in this festival and that it is the first time this event has been held outside the Province of Nova Scotia. The Mayor commented briefly on the opening of the second session of the 50th Legislative Assembly of the Province of New Brunswick on March 27,1984, as well as with respect to the Speech from the Throne. Councillor Poley noted that the Lancaster Kiwanis Club's annual Boat Show will be held April 5 to 8, 1984, followed by the annual Trailer Show on April 12 to 15, 1984, at the Market Square Trade and Convention Centre. Councillor Vaughan extended congratulations to two Saint John speed skaters, namely, Mr. Mike Holmes, who tied for the senior division cha~pionship, and Mr. Mark Lackie, who placed second in the intermediate division, during the North American Indoor Speed Skating Championships which were held in Saint John on March 31 and April 1, 1984, and commended members of staff of the Recreation and Parks Department and the Lord Beaverbrook Rink for their co-operation extended to the committee responsible for this event. Councillor Vaughan extended best wishes for success to the members of both the Canadian and American national teams who are to compete in the World Indoor Championships in Peterborough, England on April 6, 1984. Councillor Vaughan suggested that the letter to the City Manager from the Recreation and Parks Department (copies of which were forwarded to Council members as an information item) regarding Federal employment grants should be added to the agenda for consideration at this meeting. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Her Worship the Mayor noted the presence in the Council Chamber of Mr. Lloyd Bond, Industrial Arts Teacher at Beaconsfield School, and Messrs. Jerome Dick, Eric Burchill and Stephane Arabackyj, students of the Grade 9 class of this School, following which Mr. Dick addressed Council on behalf of the Beaconsfield Grade 9A Industrial Arts class with respect to a presentation of desk penholders to be made by Messrs. Burchill and Arabackyj to the Mayor and Councillors, such penholders having been made by members of this class as a Bicentennial project and on which the New Brunswick map and Saint John Bicentennial logo are engraved. Following this presentation, the Mayor thanked the Grade 9 boys on behalf of Common Council and complimented them on their Bicentennial project. The Zoning By-Law this regard. Common Clerk advised that the necessary advertising was completed insofar as ten text amendments are concerned, and that no written No persons were present with regard to the proposed amendments. with respect to amending the objections were received in Consideration was given to the previous letter from the Planning Advisory Committee recommending that the proposed amendments, as set out in the submitted report of the Planning Branch, be approved. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to amending the Zoning By-Law to re-zone a parcel of land containing 9,250 square feet with a frontage of 50 feet on the southeastern side of Rothesay Avenue, being a small portion of the land owned by Fernhill Cemetery Company Limited and adjoining the northeastern side of property now or formerly occupied by Medjucks, from "p" Park 3118 ""'Ill to I 1 Light Industrial classification, to permit the land to be used for parking by Medjucks as requested by Fernhill Cemetery Company Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the above parcel of land be re-zoned from "p" Park to "1-1" Light Industrial classification. Mr. James O'Connell, Solicitor for Fernhill Cemetery Company Limited, addressed Council in support of the above-proposed amendment and advised that this company has entered into a purchase and sale agreement with Medjucks, the latter requiring this additional space for parking due to alterations having been made to the exterior of the building on the property and inadequacy of parking thereon. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land containing 9,250 square feet with a frontage of 50 feet on the southeastern side of Rothesay Avenue, being a small portion of the land owned by Fernhill Cemetery Company Limited and adjoining the northeastern side of property now or formerly occupied by Medjucks, from "p" Park to "I-l" Light Industrial classification, be read a first time. Councillor A. Vincent suggested that the above-proposed amendment should have been sought prior to Medjucks expending funds to renovate the subject building. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land containing 9,250 square feet with a frontage of 50 feet on the southeastern side of Rothesay Avenue, being a small portion of the land owned by Fernhill Cemetery Company Limited and adjoining the northeastern side of property now or formerly occupied by Medjucks, from "p" Park to "I-l" Light Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken~ the motion was carried. Mr. Michael Mabey, Chairman of the Saint John Preservation Review Board, appeared before Council to present this Board's 1983 Annual Report, and noted that the preamble in this report provides information with respect to the reason for this Board's establishment as well as background thereon. Mr. Mabey briefly highlighted the activities of the Preservation Review Board during 1983 and referred particularly to street signage and property development in the Trinity Royal Preservation Area and the possibility of an amendment to the Zoning By-Law with respect to signs. Mr. Mabey displayed a sample of the type of sign this Board would prefer to have placed in the Trinity Royal Preservation Area, the cost of which is estimated at $15.00 per unit, and requested that consideration be given by Council to purchase approximately 150 such signs for use in the said area, and suggested that a sign showing the presence and location of the Trinity Royal Preservation Area should be erected in King Square, Market Square, the Provincial Tourist Bureau on Route #1, and at the Reversing Falls Tourist Bureau. Mr. Mabey referred to the matter of property development in the subject area and requested that, although not within the jurisdiction of this Board, the Preservation Review Board be given the opportunity to review the proposals which were submitted with respect to the Ritchie building and comment on same prior to Council's approval of any proposal, and he suggested that, in instances where properties are demolished, landscapping be carried out on the vacant lot rather than segregate the area by use of boards which tends to detract from the attractiveness of the area. Mr. Mabey requested that, with respect to the matter of signage and the confusion over what is and is not permitted insofar as signs are concerned, the Zoning By-Law be amended to remove "RM-3" zoning in the Trinity Royal'Preservation Area, and advised that the Board will present further recommendations to Council in this regard later in 1984. Discussion ensued particularly with respect to the proposed removal of the "RM-3" zoning from the Trinity Royal Preservation Area, the boundaries of the subject area, the Preservation Review Board's recommendation that three additional areas be designated as preservation areas, namely, the King Street East area, the Chipman Hill properties on Prince William Street, and the north end of Douglas Avenue, and the matter of tax incentives for property improvements in the Trinity Royal Preservation Area. Her Worship the Mayor thanked Mr. Mabey for his presentation of the 1983 Annual Report and advised that Council will render a decision thereon later in the meeting. Dr. J. A. MacDougall of 20 Queen Square addressed Council regarding the possible closure of The Dr. William F. Roberts Hospital School and expressed concern particularly about the apparent lack of information made available to the public and the lack of input of local medical doctors with respect to such a major proposal and that, despite his having viewed a local television program at which time the Provincial Minister of Social Services was interviewed in this regard, he has found no enlightment to rationalize the eventual closure of this Hospital School. Dr. MacDougall expressed the opinion that, as the children of this Hospital School cannot speak for themselves and staff therein are probably afraid to speak out and that parents of the children should welcome a thorough investigation into what is being proposed for the future of this Hospital School, it is time for the Mayor and Common Council to step in, and, in this accord, he requested that a motion be passed by Common Council urging the Minister of Social Services to announce a one-year freeze on any decisions with respect to the future of the Dr. William F. Roberts Hospital School and during this time that a Mayor's committee be established to gather all the facts and submit recommendations to Common Council and through Council to the Provincial Cabinet, and he expressed the opinion that on such a controversial issue the local MLAs, including both Cabinet minist'ers, should welcome and support such a motion. ... I I ... I ... I I ... ...oIIl ,.. ~09 During ensuing discussion, the Mayor noted that she expressed concern in this regard at a recent meeting of Council following which a meeting was held with The Honourable Nancy Clark-Teed, Minister of Social Services, at which time the Council members in attendance expressed much the same concern as Dr. MacDougall at this meeting, and the future of Centracare and the number of jobs which would be lost due to the closure of either or both the Dr. William F. Roberts Hospital School and Centracare was broached. The Mayor thanked Dr. MacDougall for his presentation and advised that Council will render a decision regarding same later in this meeting. ... I Dr. Evan Pugh, Chairman of the Saint John Environment Committee, addressed Council regarding a proposed by-law regulating smoking in enclosed public places for the City of Saint John and, reading from a prepared brief (copies of which were forwarded to Council members prior to this meeting), recommended that the City accept the principle of a Non-Smoking By-Law to provide for no smoking in public places and that the submitted draft by-law be referred to the City Solicitor to review and report to Council recommendations as to any changes the City Solicitor may propose. Discussion ensued regarding the matter of enforcing a non-smoking by-law and Councillor Knibb expressed the opinion that, as this is a social rather than a moral issue and a matter of mutual understanding and good will, this type of change cannot be legislated. Councillor Poley commended the members of the Environment Committee for their detailed presentation and for taking the initiative in preparing a draft of a proposed by-law in this regard. The Mayor thanked Dr. Pugh for his presentation and advised that Council will render a decision on same later in this meeting. I Read a letter from Mayor Wayne submitting a copy of a letter received from The Honourable Charles Lapointe, Federal Minister of Supply and Services, concerning the possible removal of that Department from Saint John to Moncton, as well as a copy of a brief which was forwarded to The Honourable Romeo LeBlanc, Federal Minister of Public Works, in early March 1984 with respect to this matter, expressing the opinion that the Federal Government should have a strong presence in Saint John in order for its offices and agencies to work hand in hand with the Atlantic Region's major producers of goods and services for the economic benefit of all Canadians. ... The Mayor noted that it appears that Saint 'John is being penalized for having been awarded the frigate program as The Honourable Charles Lapointe is suggesting in his letter that the possible relocation of the Department of Supply and Services would not have a negative impact on the economy of Saint John as the Canadian Patrol Frigate project entails numerous person-years of employment programmed to last until 1992, and she also noted that the submitted brief has the support of both The Saint John Construction Association and The Saint John Board of Trade. The Mayor expressed the opinion that the City of Saint John, as the growth centre of the Province of New Brunswick, should be recognized by the Federal Government as such and that it is now time for Common Council to invite the Federal ministers concerned to Saint John to apprise Council of the Federal Government's plans for this City. On motion of Councillor Poley Seconded by Councillor Vaughan RESOLVED that the,Mayor and Common Council meet with The Honourable Charles Lapointe, Federal Minister of Supply and Services, regarding the above matter. I Councillor A. Vincent suggested that, if a delegation is to approach the Federal Government in this regard, representatives of the building trades should be requested to accompany same. Question being taken, the motion was carried. Read a letter from Councillor Poley proposing that Council establish a policy whereby citizens are informed publicly on a regular basis of vacancies which exist on City-appointed committees, boards and commis- sions and that citizens interested in serving the city as a member of same be invited to submit their interest in writing, including a short biography, such notification which could be given by Her Worship the Mayor at regular Council meetings under the agenda item "Mayor's remarks", and further proposing that Council adopt as a policy that consideration for appointment to City-appointed committees, boards and commissions will only be given to present members and citizens who have signified their interest in writing through this procedure, unless terms of reference require otherwise. ... Councillor Vaughan expressed the opinion that persons recommended by Council members through the Nominating Committee should also be considered for appointment to various committees, etc. with which Councillor Poley concurred, however a short biography would be required in any event. On motion of Councillor Poley I Seconded by Councillor Knibb RESOLVED that the above policy be adopted by Common Council with consideration to be given for appointment to City-appointed committees, boards and commissions to persons on the basis of resumes submitted, either by the persons themselves or by a member of Common Council, to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Poley Seconded by Councillor Murray I RESOLVED that the letter from Councillor Poley expressing the opinion that lengthy Council agendas tend to create problems and backlogs in the establishment of Council policy and decisions and that it would be wise to review the agenda format with a view to considering how Council can make better use of the agenda, whether items should be considered in open session or Committee of the Whole and under which section of the agenda items should be considered, and recommending that this matter be referred to the Council Procedure Committee for a report and recommendation to Council -- be received and filed and the recommendation adopted. Councillor A. Vincent suggested that, rather than have boy scout or girl guide troops in attendance at lengthy Council meetings when public hearings etc. are to be held, consideration could be given to designating a particular meeting as a youth night. (Councillor Gould withdrew from the meeting during the foregoing discussion.) ... Question being taken, the motion was carried with the Mayor and Councillors Flewwelling, Knibb and Schermerhorn voting "nay". lo. ~i@ ""'11III On motion of Councillor Schermerhorn February 1984 be received and filed. Seconded by Councillor Knibb ~ RESOLVED that the statements of payments made during January and ., Councillor Flewwelling referred to payments made for the two-month period concerned for vehicle repairs, automobile replacement parts, tires, car allowances, subscriptions and membership dues and noted that he has previously submitted proposals to Council for stock control, a vehicle pool, control over membership dues paid and woodlot control. Councillor Flewwelling suggested that, in view of the amount paid for car washes, consideration should be given to making arrangements with the Saint John Transit Commission to have this service performed at a minimal cost. Replying to a query of Councillor Flewwelling, Mr. Hanlon explained that batteries are purchased as required with only a minimal number kept in stock. Councillor Flewwelling also suggested that, rather than supply tokens for the Harbour Bridge, ticket books should be purchased for drivers of both City cars and trucks. The Mayor requested that the matter of meal supply for City crews working after hours be examined as it appears that such meals are not being supplied by successful tenders. (Councillor Gould re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Preservation Review Board be referred to the City Manager recommendations contained therein. the 19B3 Annual Report of the Saint John for a report to Council with respect to the In proposing the above motion, Councillor Knibb expressed support with respect to the purchase of the street signing, as displayed by Mr. Mabey, for the Trinity Royal Preservation Area and the Mayor requested that the above report be submitted to Council within the next two to three weeks. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the Saint John Preservation Review Board be request- ed to submit to Council a report with respect to a suggested tax incentive proposal for the Trinity Royal Preservation Area. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Vaughan RESOLVED that the Common Council of the City of Saint John support the recommendation of Dr. J. A. MacDougall that a Mayor's committee be appointed to obtain the facts and submit a recommendation to Common Council with respect to the possible closure of the Dr. William F. Roberts Hospital School; that Common Council go on record as strongly opposing any change in status with respect to this Hospital School and urge the Premier of New Brunswick to announce a one-year freeze with regard to any decision on the future of this Hospital School, and further that the Provincial Minister of Social Services be so informed. Question being taken, the motion was carried. The Mayor advised her intent to request Dr. MacDougall to chair the above-mentioned Mayor's Committee. Councillor A. Vincent requested a copy of Dr. MacDougall's brief which was presented earlier in this meeting. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the presentation by the Saint John Environment Committee regarding a proposed by-law to regulate smoking in enclosed public places, be received and filed. Question being taken, the motion was carried with the Mayor, Deputy Mayor and Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Millidgeville Waste Water Treatment Plant - Contract #4 Rocca Construction Ltd. Original estimated value of contract Total work done, Estimate Number 16 Retention (for deficiencies) Payments previously approved Sum recommended for payment, Progress Estimate Number 16, dated March 29, 1984 Partial holdback release $5,198,000.00 5,088,591.19 23,300.00 5,013,568.19 $ 51,723.00 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, tenders for the supply of safety clothing and supplies for the period ending February 28, 1985 be awarded in accordance with the recommendation contained in the submitted bid summary. I I ... I ... I I ... .... ,.... 2J~a Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that with regard to the tender for the supply of uniform clothing for the City's Police and Fire Departments, Common Council approve the recommendation of the City Manager that the tenders of International Uniforms Ltd., Lessard Clothing Inc., Nicholls Distributing, Outdoor Outfits Ltd., Safety Supply Canada Ltd., and Sainthill Levine be rejected for the reasons stated in the City Manager's letter dated March 28, 1984, and that awards for the said tender be made in accordance with the recommendations contained in the submitted bid summary. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the submitted applica~ tion for grant assistance from Saint John Insurance Women's Association with respect to a convention to be held June 6 to 8, 1984, be referred to the grants committee for consideration. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the request of the Citizens Committee that there be more frequent Police patrols of Dufferin Avenue due to the violation of parking restrictions by members of the Thistle-St. Andrews Curling Club, which was considered by Council at its last meeting, advising that additional patrols of the area have been instituted and it is considered that stricter enforcement of the parking regulations will eliminate the problems for the residents of the area -- be received and filed. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that, as requested by Council at its last meeting, a meeting was held with officials of the Provincial Department of Supply and Services regarding the proposed justice complex and that the present plans are to complete renova- tions of the second floor of the Provincial building on Charlotte Street with the proposed justice complex having been placed in abeyance until funding is made available, and recommending that a meeting be arranged with the local MLAs to discuss this matter further -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, Common Council adopt the Community Services Feasibility Study performed by Dr. Robert Chanteloup and further that authority be granted for payment of $1,500.00 to Dr. Robert Chanteloup in accordance with paragraph 8(c) of the agree- ment with Dr. Chanteloup dated June 9, 1982 and amendments thereto dated May 11, 1983. Question being taken, the motion was carried. On motion of Councillor Gould ... Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the request from Saint John Co-Operative Supply Depot Ltd. for assistance in the improvement of land on the Fairville Boulevard perimeter of this company's property, which was considered at Council's meeting of March 12, 1984, recommending that this company be advised that, as this would involve landscaping that part of the Fairville Boulevard right-of-way between this company's property and the roadway pavement, this request is outside the City's jurisdication be received and filed and the recommendation adopted. I During ensuing discussion Mr. Barfoot explained that, although the right-of way in question belongs to the City, it has consistently been the City's policy to complete the street and sidewalk, however any area back of the sidewalk has always been the property owners' responsibility to improve and maintain. The Mayor noted that there is no sidewalk in the area in question and that the appearance of this area has been the subject of complaints in the past. Councillor A. Vincent suggested that the City should attempt to obtain Federal funding to employ persons in a labour-oriented program to clean up the subject area and the Mayor suggested that this matter should be tabled in order to determine if such funding is availabie. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table pending a staff report at Council's next meeting. I Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb ... RESOLVED that the letter from the City Manager regarding the letter from Mr. Rupert Kelson, Jr., Manager of Kelson & Kelson, Ltd. regarding this company's water and sewerage arrears in the amount of $433.61 for property at 157 Prince Edward Street, which was considered at Council's last meeting, submitting a joint letter from the Commissioner of Engineering and Works and the Chief Engineer of the Water & Sewerage Branch which provides details as to why Mr. Kelson's request that such amount be cancelled is being denied, and recommending that staff continue to enforce the provisions of the Water & Sewerage By-Law, that water service to the subject property be discontinued until arrears are paid, and further that staff take the necessary action to ensure that payment of the said arrears is made in the immediate future -- be received and filed and the recommendation adopted. .... ~i~ ~ Discussion ensued during which time Mr. Barfoot confirmed that Kelson & Kelson, Ltd. was invoiced during the period of time the water meter was removed and Mr. Totten noted that, in accor- dance with the Water and Sewerage By-Law, the subject company was charged a service rather than a user fee. Mr. Rodgers referred to the above recommendation that water service to this property be discontinued and asked if the property in question is occupied for residential or commercial use. Mr. Totten expressed the understanding 'that, although there is a structure on the site, it has not been used for approximately four or five years and he noted that Mr. Kelson has now requested that this water service be reconnected. Councillor Vaughan noted that the said By-Law indicates that the building must be 'occupied for residential or commercial use and expressed the opinion, based on Mr. Totten's comment, that this company should not be required to pay for the period of time the building was vacant. .The Mayor suggested that Council should be provided additional information on this matter. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to staff for further information. Question being taken, the referral motion was carried. Consideration was given to a letter to the City Manager from the Recreation and Parks Department regarding the application of this Department to the Federal Government for Federal employment grants for work in Rockwood Park which, if allotted, will greatly assist in the ongoing development of the Park, suggesting that, in view of problems in the past in obtaining approval from Local 18 and in anticipation of resistance from this union this year and in the future, a policy statement by Common' Council on acquiring permission from local unions would expedite matters. Her Worship the Mayor noted that, in view of the lack of funding to carry out the above work project, such work will not be performed without the Federal grant. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that Common Council approve the City entering into an agreement with the Federal Government for cost-sharing of the upgrading of Rockwood Park. Councillor Schermerhorn expressed the understanding that a letter of approval from Local 18 is required as the subject work is to be contracted out rather than be performed by Local 18 members. Mr. Barfoot advised that a meeting has been held with representatives of Local 18 in this regard and the City is awaiting this union's response to this meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor regarding the lack of authority of for a municipality in the Province of New Brunswick to regulate dogs fouling on property, which was considered at Council's last meeting, noting that the City's Charter gives Council the authority to make by-laws dealing with licensing and the regulating or preventing of "going at large of dogs" in the City, and expressing the opinion that the existence of the 1853 private legislation for the City of Saint John further confirms the fact that there is no authority for the City to regulate dogs and their owners as proposed by the Environment Committee, and that, should Council wish to regulate dogs to the extent as proposed by this Committee, the appropraite amendment to the Municipalities Act should be requested -- be received and filed. (Councillor Gould withdrew from the meeting. ) Councillor Flewwelling re-iterated his opinion that the City's Charter should be used in dealing with the above matter and suggested that the section therein with respect to general good government would permit the City to carry out the task at hand. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". 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 begs leave to report that it sat on Monday, the twenty-sixth day of March, A.D. 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- That with regard to the request of Mr. P. J. Martin to purchase property located on the of Raynes Beach Road and Dominion Park Road, Council approve the recommendation of the City that, considering the reports from various City departments, Mr. Martin be advised that the property is not for sale at the present time. 1. corner Manager subject 2. That with regard to the offer from Mr. L. Jecmenica to sell property on Rockland Road, he be advised that the City is not interested in the purchase of this property at this time. 3. That with regard to the request of Mr. J. Ladds Batten for permission for the continuation of existing overhead power and telephone utilities to the end of Ragged Point Road, Council approve the recommendation of the City Manager that Mr. Batten's request be granted. 4. That as recommended by the City Manager, W & S Contractors Ltd. be advised that its proposal for the purchase of City-owned land on Simms Street is not acceptable at this time. ... I I ... I ... I I ... ..... ~ ~ ~~3 5. That the property located at 61 Manners Sutton Road be advertised for sale with the understanding that any potential buyer would be responsible to carry out whatever steps are necessary to have the restrictions to the land removed. ... April 2, 1984 Saint John, N. B. (sgd.) Respectfully submitted, Elsie E. Wayne C h air man. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. I Councillor A. Vincent expressed the understanding that there is an easement on the above property and asked what the status would be of such an easement if this property is purchased by a private citizen. The Mayor read from a report which was considered by Council in Committee of the Whole in this regard whereupon Councillor A. Vincent questioned if the City has a legal right to the easement. The Mayor suggested that this matter could be tabled pending further information on this matter. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week pending a report from the City Solicitor with regard to the easement on the above property. ... Question being taken, the tabling motion was carried. On motion of Couucillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that section 4 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as requested by The Saint John 1985 Canada Summer Games Society, Inc., Common Council approve the track and field venue at the University of New Brunswick-Saint John Campus as a second venue for soccer competitions during the 1985 Canada Summer Games. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as requested by the Saint John Chapter of the Civil Liberties Association, permission be granted to use the Council Chamber on June 15, 1984 for the purpose of holding a public lecture on the relationship between the Magna Carta and the Charter of Rights. I Question being taken, the motion was carried. Read a letter from Dr. Vincent T. W. Shannon regarding property at 21-23 Coburg Street, the sale of which was authorized by Council on September 26, 1983 on condition that the City retain an option to repurchase the property at the purchase price of $10,500.00 if construction has not commenced within six months from the date of transfer of the property, requesting a two-month extension for such condition to May 24, 1984 because of the time required to finalize the interior design of the building as well as the final exterior design, which has to be approved by the Planning Advisory Committee. I On motion o~ Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as requested by Dr. Vincent T. W. Shannon, a two-month extension to May 24, 1984 be granted with respect to the City's option to repurchase the property at 21-23 Coburg Street. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that letter from Leander and Camiles Dempsey requesting permission to temporarily locate a mobile home on their property on Churchland Road, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. ~ ~H\-' ' ~ On motion of Councillor Schemerhorn Seconded by Councillor Flewwelling RESOLVED that the notices from the Liquor Licensing ,Board 4It advising that the hearing of applications of Market Square Hotel Limited for dining room, lounge and special premises (recreational) licenses, and Vasilious Lyberatos for a restaurant license, with respect to premises located at 1 Smythe Street and Grandview Avenue, respectively; will be heard on April 6, 1984 -- be received and filed. Question being taken, the motion was carried. Councillor Knibb suggested that an item regarding the engagement of an executive search firm with respect to the position of Chief of Police, which was considered by Council in Committee of the Whole earlier this date, should be added to the agenda for consideration at this time. On motion of Councillor Knibb I Seconded by Councillor Davis RESOLVED that the above matter be added to the agenda for consider- ation at this time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that Common Council authorize the engagement of Woods Gordon of Toronto through its Saint John branch office to undertake an executive search for a Chief of Police for the City of Saint John, the terms of reference for such search to be organized by the City Manager, Mayor, Acting Chief of Police and the Personnel Department. Quest~on being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. LfhA al !d.~~M/I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Thursday, the fifth day of April, A.D, 1984, at 12:00 o'clock noon. I present Elsie E. Wayne Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; and T. Totten, Deputy Commissioner of Finance ... Her Worship the Mayor advised that the purpose of this meeting is to consider the question of appealing the Judgment respecting J. Claude MacKinnon and The City of Saint John. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the Judgment of the Court of Queen's Bench dated the 4th day of April, 1984 respecting the matter between J. Claude MacKinnon and The City of Saint John be appealed and that the City's legal counsel are hereby authorized to take the necessary I action in this regard. Mr. Rodgers, replying to queries of Councillor Murray, advised that he would prefer to discuss the matter of options to the above-proposed action in Legal Session of Council and that the above recommendation is based on advice of legal counsel engaged by the City. Councillor M.Vincent questioned if the decision in the judgment is appealable to which Mr. Rodgers noted that Council has been legally advised that there are grounds for appeal. Councillor A. Vincent stated that he would be more comfortable if the senior counsel, Neil McKelvey, had given the opinion rather than the junior lawyer of the law firm and he expressed the opinion that, in view of the fact that there are thirty days in which to file I an appeal, Council should not act hastily in this matter. Councillor A. Vincent asked if Common Council would be in contempt of court if the subject Judgment, which he understands to be an order to reinstate and reimburse Mr. MacKinnon and then give him a fair hearing, is not followed to which Mr. Rodgers noted that the said Judgment contains no reference to reinstatement, however it does refer to office and it is his understandi~g that Mr. MacKinnon is in his office. Question being taken, the motion was carried with Councillors Murray, Poley, A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. ... ..... ~ ~ ~~5 Question being taken, the motion was carried. ... ~~~r At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of April, A.D. 1984, at 4:00 o'clock p.m. I present Elsie E. Wayne, Mayor Councillors Davis, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; , M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; D. J. French, Director of Personnel; J. McIntyre, Personnel Officer; J. Johnson, Building Inspector; W. Todd, Executive Director of Housing; R. Adams, Property Management Branch; D. Hatfield, Property Management Branch; and Miss M. Conley, Administrative Assistant to the Mayor. ... The Reverend W. C. Thompson of Waterloo Street Baptist Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that minutes of the meetings of Common Council, held on April 2 and April 5, 1984, be adopted. Mr. McDermott, replying to a query of Councillor Poley, advised that the report requested at Council's meeting of April 2, 1984 with regard to Saint John Co-Operative Supply Depot Ltd. will be submitted to Council at its next meeting. Question being taken, the motion was carried. I Her Worship the Mayor read a proclamation proclaiming the week of April 16 to April 22, 1984 to be Easter Seal Week in the City of Saint John and noted the involvement of the Rotary Club of Saint John in the annual Easter Seal Appeal to assist programs for physically disabled children. Her Worship the Mayor noted the presence in the Council Chamber of representatives of the Industrial Arts Class of Simonds Junior High School and Mr. Dale Peters, the class teacher, and read a proclamation proclaiming the week ,of April 9 to 16, 1984 to be Industrial Arts Week in the City of Saint John in recognition of the vital role which industry plays in the life of the City of Saint John. At the request of the Mayor, Mr. Peters briefly commented on the activities which will occur during the subject week insofar as school open houses and public displays of students' industrial works are concerned. The Mayor noted that the February 1984 issue of the Canada Commerce magazine includes an article on the Port of Saint John and advised that an attempt will be made to obtain copies of same for Council. ... Councillor M. Vincent suggested that Common Council should recognize Mr. Chris Skinner, a Saint John native, who has recently been signed to a contract with the Edmonton Eskimos of the Canadian Football League, as, in his opinion, this is an outstanding accomplishment which deserves recognition. On motion of Councillor M. Vincent I Seconded by Councillor Gould RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Chris Skinner, who has recently been signed to a contract with the Edmonton Eskimos of the Canadian Football League and wish him success in his professional career. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a copy of her letter to The Honourable Leopold Langlois, Chairman of the Standing Committee on Transportation and Communica- tions of the Senate of Canada regarding Via Rail service, be received and filed. Councillor Knibb referred to a letter to Her Worship the Mayor from the Saint John Board of Trade (copies of which were forwarded to Council members as an information item) and noted that this Board submitted a copy of its letter which was forwarded to the Senate Standing Committee which is holding an inquiry into rail passenger service provided by Via Rail Canada Inc. Question being taken, the motion was carried. On motion of Councillor Gould ... Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne requesting Council to consider the submitted suggestions with respect to May 18, the day which has been designated as Loyalist Day in the City of Saint John, and to make a recommendation as to how the City will celebrate this day -- be received with Council members to submit any suggestions regarding the celebration of Loyalist Day to the City Manager and he be requested to report thereon at Council's next meeting. ~ :i)Jl~ ~ Councillor Knibb asked if The Saint John Bicentennial Inc. has been involved in the above matter to which the Mayor replied that it is anticipated that this group will be involved in the plans for Loyalist Day in an attempt to co-ordinate efforts for this celebration. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Market Renovations, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract CM#7 - Reroofing Office Tower William P. Dowd & Sons Ltd. Reroofing office tower Original estimated value of contract Total work done, Estimate Number 3 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 3, dated April 4, 1984 Final release of holdback $ 4,117.50 $27,450.00 27,450.00 Nil 23,332.50 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Cou aillor Schermerhorn RESOLVED that the joint letter from the City Manager and the Deputy Commissioner of Finance, submitting a summary of the City's 1984 real property taxes and recommending that payment of the total amount of $707,720.35 be approved, be received and filed and the recommendation adopted. Deputy Mayor Davis asked if it is possible to determine the amount of real property taxes paid in connection with watershed property to which Mr. Totten replied that he is unable to determine such amount from the above summary however it is possible to do so by analyzing the subject invoices. A brief discussion ensued particularly with respect to the tax amount charged for the Harbourside Apartments, which is under appeal, as well as regarding the increase in the amount taxed for arenas, the latter to which the Mayor expressed the understanding results from a change in category from residential to non-residential. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the firm of Basic Design Associates 1983 Limited be engaged for landscape architectural services for the Charlotte Street reconstruction project, with the costs of such service not to exceed $5,000.00. Councillor Poley questioned why a public tender was not called for the above service to which the City Manager replied that the subject company has always bid low in the past and has always performed excellent work and that, as the above amount does not exceed $5,000.00, it is not a normal practice to call tenders for such service. The Mayor expressed the understanding that the above firm is being recommended in order that work can commence on Charlotte Street and also that this firm has had input with regard to other projects in the downtown core of the City and its work will conform with what has already occurred in the area. Replying to a query of Councillor A. Vincent, the Mayor advised that Basic Design Associates 1983 Limited is located in Sussex. Mr. Armstrong, in response to a query of Councillor Knibb, advised that, although he has not as yet received a response from the Central Business Development Corporation with respect to timing, the preference appears to be to commence the subject project as soon as possible and that he anticipates that construction should commence the latter part of May 1984. Question being taken, the motion was carried with Councillors Poley, Vaughan, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the City's tender submission to the Province of New Brunswick for the purchase of property at 14-14! Harding Street, which was considered by Council in Committee of the Whole on January 30, 1984, advising that notification has been received that the City's tender has been accepted and recommending that the property at 14-14! Harding Street be acquired from the Province of New Brunswick for the tendered price of $1,000.00 and that a cheque in the amount of $910.00, being the balance of the tendered price plus deed preparation, be made payable to the Minister of Finance for payment when the deed to such property is transferred -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding a request from New Brunswick Telephone Company to lease land on University Avenue and Millidge Avenue on which to place two digital multiplex systems, recommending that (1) the New Brunswick Telephone Company be granted an easement on University Avenue at the site shown as choice (1) on the submitted copy of a plan being a portion of land 10 feet by 35 feet at a price of $600.00; (2) as a condition of granting the said easement, New Brunswick Telephone Company be required to landscape the area immediately surrounding its installation, such landscaping to be approved by the Recreation and Parks Department; (3) New Brunswick Telephone Company be advised that the City is not prepared to grant an easement on the Millidge Avenue frontage at this time; and (4) the Mayor and Common Clerk be authorized to execute any and all agreements needed to complete this transaction -- be received and filed and the recommendation adopted. ... I I ... I ... I I ... ~ ,.. :BliJ Question being taken, the motion was carried. On motion of Councillor Gould ... Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding requests from Messrs. James O'Brien and Daniel Dow to purchase property at Queen Street West and Simms Street, respectively, advising that negotiations were carried out, however, prior to finalizing the matters, both Messrs. O'Brien and Dow decided not to proceed further -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that letter from the City Solicitor regarding property on Rockland Road, which was offered to the City by Mr. L. Jecmenica and considered by Council at its April 2, 1984 meeting at which time the question of a sewer easement thereon was broached, advising that, as there is no recorded grant of a sewer easement to the City with respect to the property in question, an examination of the history of the lines, construction, use and repair thereof, as well as any visible indication of its existence through the subject property is being carried out to determine whether the City could successfully assert a claim to a prescriptive easement, and that a further report will be submitted to Council at its meeting of April 16, 1984 -- be received and filed. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting proposed resolutions for Council's consideration with respect to amending the Parking Commission Act insofar as terms of office are concerned, as well as an amendment to the 1925 Building Act insofar as property titles are concerned, such matters having been considered by Council at its regular meeting of January 9, 1984 and in Committee of the Whole on December 12, 1983, respectively. On motion of Councillor Knibb ... Seconded by Councillor Gould RESOLVED that the Legal Department be authorized to take the necessary steps to Petition His Honour The Lieutenant Governor and the Legislative Assembly of the Province of New Brunswick on behalf of the City of Saint John to pass an Act amending An Act to Authorize the Establishment of a Commission to Control Parking in the City of Saint John, which amendment would provide that the terms of office of the members of the Commission shall be three years from the date of their appointment or until their successors are appointed, but in the appointment of the first members to constitute the Commission after the coming into forcd of this Act, the Common Council may provide that certain of the members shall be appointed for periods of less than three years in order that all the members of the Commission shall not retire at the same time. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the following resolution be adopted, namely:- "WHEREAS the City of Saint John wishes to eliminate the necessity of conducting a full investigation of the title to properties which are dealt with pursuant to the provisions of The Saint John Building Act, 1925: ... NOW THEREFORE BE IT RESOLVED that the Legal Department be authorized to take the necessary steps to Petition His Honour The Lieutenant Governor and the Legislative Assembly of the Province of New Brunswick on behalf of the City of Saint John to pass an Act amending The Saint John Building Act, 1925 which amendment would provide that the owner of a dangerous and dilapidated property as described in The Saint John Building Act, 1925 is deemed to be the grantee named in the conveyance of the subject property most recently recorded in the Saint John County Registry Office.". Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-8 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns correcting minor matters in the recently-enacted new Zoning By-Law, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-8 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. (Councillor Gould withdrew from the meeting during the reading of the above By-Law.) Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-9 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing 9,250 square feet with a frontage of 50 feet on the southeastern side of Rothesay Avenue, being a small portion of the land owned by Fernhill Cemetery Company Limited and adjoining the northeastern side of property now or formerly occupied by Medjucks, from "p" Park to "I-l" Light Industrial 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. 100-9 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. ~ ~ia ~ Consideration was given to a letter from the Common Clerk regarding the United Nations Flag, which was presented to Common Council on October 17, 1983 by Mr. Bruce Stevens of Saint John Project Ploughshares with the re~uest that this flag be flown outside City Hall during Disarmament Week and to be on permanent display in the Council Chamber following same, advising that Mr. Stevens ... has in~uired on several occasions since then if the flag will be displayed in the Council Chamber and that he has stated that his group is willing to supply a flag standard if required and that, if it is not the intention of the City to display this flag, it be returned. Her Worship the Mayor advised that, upon discussing this matter with the Provincial Protocol Officer, it was determined that the Province flies the United Nations Flag during United Nations Week, and also that the flags currently displayed in the Council Chamber, along with a City flag should one be officially adopted, are appropriate. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that Common Council thank Mr. Bruce Stevens of Saint John Project Ploughshares for his offer to supply a flag standard in which to place the United Nations Flag in the Council Chamber and assure him that this Flag will be flown outside City Hall during United Nations Week and on any other occasion which is suitable. In proposing the above motion, Councillor Knibb expressed the opinion that, in view of the possibility of other requests being received for various flags to be on display in the Council Chamber and the possibility of overcrowding in the area concerned, it is not feasible to comply with the request that the United Nations Flag be on permanent display in the Council Chamber. I Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) 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 begs leave to report that it sat on Monday, the second day of April, A.D. 1984, at which time there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee and in accordance with the Letters Patent of The Saint John 1985 Canada Summer Games Society, Inc., re~uiring approval by Council of a majority of the Board of Directors of the Society, Common Council approve the following for election or appointment to the Board of Directors of the Society for a term from March 28, 1984 to March 31, I 1985: Patrick D. Darrah Herbert F. Doucet Harry P. Gaunce Walter E. Harris Robert K. Irving E. Laureen Jarrett James A. MacMurray Ralph J. McLenaghan Peter G. Murray Richard H. Oland, President Norman C. Sinclair M. Eileen Travis Melvin A. Vincent Derek G. Wisdom to: AND FURTHER that Messrs. C. Robichaud and C. E. Nicolle be appropriately involved in The Saint John 1985 Canada Summer Games Society, Inc. 2. That as recommended by the City Manager, the submitted Mutual Aid Agreement between the City of Saint John and the Village of Grand Bay with respect to fire protection be approved by Common ... Council and that the Mayor and Common Clerk be authorized to execute this Agreement on behalf of the City of Saint John. 3. That Mr. C. E. Nicolle, Director of Recreation and Parks, be granted a salary increase of $1,000.00, effective April l, 1984. 4. That as recommended by the City Manager, the salary of Mr. Terrance Totten, Deputy Commissioner of Finance, be increased to $43,466.00, effective September 15, 1983, as per verbal agreement. 5. That as recommended by the City Manager, Mr. William Butler, Chief Engineer of Water & Sewerage be granted a salary increase of $1,000.00, effective April 1, 1984, and that Mr. Paul Groody, Chief Engineer of Works Operations be granted a salary increase of $2,000.00, effective April 1, 1984. I 6. That as recommended by the City Manager, the salary of Mr. Daryl Wilson, Commissioner of Finance, be increased to $53,000.00. 7. That with regard to the re~uest of Mr. Wayne Doucette to purchase property on Tisdale Place, Common Council approve the recommendation of the City Manager that Mr. Doucette be advised that the reason for the delay in considering his request is because the City has not received title to the property which was purchased from the Province of New Brunswick at a tax sale, however once title is acquired his offer can then be considered. I 8. That as recommended by the City Manager, Common Council resolution of July 18, 1983 regarding - ,'" the proposal of Anderson-McTague & Associates Ltd. for the purchase and redevelopment of the Seaman's Mission building located at 158 Prince William Street be rescinded: AND FURTHER that the following recommendations be adopted, namely:- (1) that an agreement be signed between the City and Anderson-McTague & Associates Ltd. concerning the sale of the Seaman's Mission property at l58 Prince William Street covering the following points:- ... .... II"" :~H2 (a) purchase price to be $6,500.00; . (b) purchase and sale to be dependent on the approval of the development by the Building Inspector and the Heritage Preservation Review Board and to be in accord with the plans prepared by Thomas Johnson, registered architect, dated December 1983; (c) the approved renovations to be completed within two years of transfer of title; (d) the developer to maintain the sidewalk in front of the property free of snow and ice during its regular hours of business; I (e) the City to be given an option to repurchase the property for the purchase price if (i) the facade is not cleaned or (ii) the structural repairs as outlined by George F. Williamson and Associates are not completed within one year of transfer of title; (f) the developer to, within 10 days following the closing, provide a performance bond of $150,000.00 to ensure completion of the renovation work within the two-year period; and I (g) a Party Wall Agreement to be signed covering the common wall between the building and the Murphy premises; and (2) that the Mayor and Common Clerk be authorized to execute any and all documents required to complete this transaction. . 9. That with regard to the request of Mr. Lloyd Paul to exchange property adjacent to his residence at 39 Lakewood Avenue, which was reserved for a walkway and which he inadvertently paved and landscaped, for a ten-foot strip of land where such walkway is now constructed, such exchange involving a sharing of any expenses incurred, Common Council approve the recommendation of the City Manager that Mr. Paul's request be denied and that, although the City will agree to exchange the land in question, it will not bear any of the associated costs. 10. That as recommended by the Board of Trustees of the Civic Employees' Pension Plan, Common Council approve the preparation of a Bill for presentation at the current session of the New Brunswick Legislature for the following changes in the Pension Act:- (a) to provide that a person recelvlng a pension, disability allowance or retiring allowance on December 31, 1981 shall receive a one-time annual increase of $1,000; (b) to provide that a person who on or after January 1, 1982 and before January 1, 1984 commenced receiving a pension, disability allowance or retiring allowance, shall receive a one-time annual increase of $200; I (c) to provide that any spouse who is receiving a pension, disability allowance or retiring allowance equal to 50% of the participant's pension or allowance shall receive a 20% increase effective January 1, 1984 and receive in addition a one-time annual increase of $1,000; (d) to amend section 8(2) to delete reference to the integration period of January 1, 1974 to July 6, 1980 so that each participant will be given two percent for each year of service as a participant; (e) to amend section 8(5) to increase the maximum pension from $25,000 to $40,000; (f) to delete section 10(8) so that a surviving spouse would now receive the full sixty percent of the participant's pension, such section presently providing that where a spouse is more than twenty years younger than a participant at the time of his death, the surviving spouse's pension shall be reduced by one percent for each full year difference in age in eXcess of twenty years; ... (g) to amend section 3(2), which provides for the annual appointment of Trustees, so that with the exception of the Mayor, Commissioner of Finance and Common Clerk, all members will be appointed for a three-year term, and that any vacancy arising during these terms shall be filled by the . body having authority to appoint such member and the person appointed shall hold office for the balance of the unexpired time; (h) to amend section 9(5) to refer to the possibility of the Board of Trustees providing disability benefits under a group long-term contract; and (i) to amend section 3(1)(h) and (i) to enable the Board of Trustees to enact by-laws related to: I (a) the time and place of meetings, quorum and procedures; (b) the appointment of signing officers; (c) the nature of the evidence required to establish proof of age, death or marital status; and (d) the setting of rates and the manner of calculating interest I Saint John, N.B. April 9, 1984. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air ill a n. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. ... ll.. ~ ~2@ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. On motion of Couucillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor Poley voting "nay". I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Mr. McDermott, replying to a query of the Mayor, explained that Mr. Totten agreed to commence employment with the City at a lower rate of pay than anticipated, however his salary was to be adjusted upon proper performance of his duties following his probationary period to the amount originally scheduled. Councillor Poley expressed support of the above motion as it is simply a I ratification of what was agreed upon and he added that, as the other salary adjustments to be considered at this meeting are not of this category, he will not be supporting same. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor Poley voting "nay". ... On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried with Councillor Poley voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that section 9 of the above report be adopted, however Councillor Poley noted that when this matter was discussed in Committee of the Whole it was agreed that a provision be included that the walkway be maintained in the same condition as the existing walkway. On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb HESOLVED that with regard to the request of Mr. Lloyd Paul to exchange property adjacent to his residence at 39 Lakewood Avenue, which was reserved for a walkway and which he inadvertenly paved and landscaped, for a ten-foot strip of land where such walkway is now constructed, such exchange involving a sharing of any expenses incurred, Common Council approve the recommendation of the City Manager that Mr. Paul's request be denied and that, although the City will agree to exchange the land in question, it will not bear any of the associated costs, with the provision that the walkway be maintained in the same condition as the existing walkway. Question being taken, the motion was carried. I On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor 'Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Super Slide Ltd. requesting permission to operate a full canteen service and gift shop as part of its waterslide facility which is currently under construction in Rockwood Park -- be referred to the City Manager for a report and recommendation. Discussion ensued regarding the possibility that the existence of a concession in Rockwood Park may prohibit another food retail outlet from being established and the Mayor suggested that the anticipated report from staff should address this and all other matters involved. Councillor Poley 4It noted the presence in the Council Chamber of Mr. Ivan Court of Super Slide Ltd. and suggested that he be invited to address Council with respect to his proposal. ... ~ ,321 On motion of Councillor Poley ... Seconded by Councillor M. Vincent RESOLVED that Mr. Ivan Court be invited to address Council at this time. Question being taken, the motion was carried. I Mr. Court referred to the subject company's proposal to construct a water slide at Rockwood Park, which was previously considered by Council, and expressed the understanding that, as the canteen concession presently being operated in Rockwood Park was awarded as a result of a sealed bid, his company is unable to operate a canteen facility in 1984, however Super Slide Ltd. is willing to assume the existing concession operation as well as open a facility of its own. Mr. Court 'expressed the opinion that, as the water slide facility is located approximately one-quarter of a mile from the existing food concession, tourists will not want to walk that distance ~o purchase food products. Question being taken, the original motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Tabufile Atlantic Ltd. regarding its previous request to purchase property at Murder Hill, requesting that, as long-range plans may preclude the City from selling this property, consideration be given to leasing same to allow this company to accomplish its plans to expand its operation -- be referred to the City Manager for a report at Council's next meeting. Her Worship the Mayor noted that the above matter was considered by Council in Committee of the Whole in July 1983 at which time the City Manager was instructed to determine if the Port of Saint John has any interest in the subject property. Question being taken, the motion was carried. ... Read a letter from Mr. H. L. Thomas regarding the condition of the sidewalk, between Earle and Edward Avenues, on Lancaster Avenue. A motion was proposed by Councillor Knibb and seconded by Councillor Vaughan that the above letter be referred to the City Manager to determine what action should be taken with regard to the subject sidewalk, however, following Mr. Armstrong's confirmation that the above matter has been given a number one ranking in the City's 1984 Capital Budget, this motion was withdrawn. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that with regard to the letter from Mr. H. L. Thomas regarding the condition of the sidewalk, between Earle and Edward Avenues, on Lancaster Avenue, appealing to Common Council for action to correct this situation, Mr. Thomas be advised that this matter is under consideration'as a number one priority in the 1984 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Roger Pelletier requesting financial assistance with respect to the Acadian festival -- be referred to the grants committee for considera- tion. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Fire Department Bicentennial Hockey Committee requesting financial assistance with respect to an international hockey tournament, which is being held in conjunction with a fund-raising campaign on behalf of The Dr. William Roberts Hospital School with the proceeds from same to be used toward the purchase of a lift van for this Hospital School, .be referred to the grants committee for consideration. Question being taken, the motion was carried. I Consideration was given to a letter from Mr. Al Zinck, Promotor of International Wrestling of International Sports Assoc., advising that he has been granted permission through the Recreation and Parks Department to rent the Lancaster Centennial Arena for the purpose of promoting professional wrestling providing he obtains the approval of the Boxing and Wrestling Commission, however this Commission has rejected his application in this regard, expressing the opinion that he has every right, as a law-abiding citizen, to carryon business in the City of Saint John and requesting Common Council's advice in this matter. I The Mayor suggested that the above matter should be referred to the Recreation and Parks Advisory Board as this group deals with the matter of boxing. Councillor Vaughan, a member of the Boxing and Wrestling Commission, explained that, as the above company is in arrears to the City for its use of the Lord Beaverbrook Rink, it was advised that its application was rejected, however, if this company meets its obligation to the City, its application will be considered in 1985. Councillor M. Vincent expressed the understanding that the Boxing and Wrestling Commassion no longer exists, the responsibilities of same having been referred to the members of the Recreation and Parks Advisory Board and discussion ensued with respect to this matter during which time Councillor M. Vincent asked if the Board members and staff are satisfied that they were in the proper forum or status when the decision respecting Mr. Zinck was made whereupon the Mayor suggested that the City Solicitor should be requested to review this matter. On motion of Councillor Gould ... Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Al Zinck of International Sports Assoc. regarding his request to rent the Lancaster Centennial Arena for the purpose of promoting professional wrestling, be referred to the Recreation and Parks Advisory Board and the City Solicitor for a report to Council. Question being taken, the motion was carried. ~ :1l22 ~ Oll'motibn"of,~Cbuncillor ,Gould Seconded by Councillor Knibb ~ RESOLVED that the letter from Simonds-Loch Lomond Agricultural ,., Society No. 52 requesting to renew its lease of the agricultural hall for another five years at the same rate as in previous years, that being for $1.00 per year, such lease expiring August 31, 1984 -- be referred to the City Manager for a report and recommendation. , Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that as requested by Byrne & Brown, on behalf of the New Brunswick Branch of the Canadian Bar Association, permission be granted to use the Council Chamber for a public forum to be held in connection with Law Day activities on April 17, 1984, such forum to deal with the legal status of the unborn child. The Mayor reQuested the City Manager to make arrangements with the Planning Advisory Committee to meet in another location on the above-noted date. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Dianne Unrau of 235 Johnston Road regarding the recent reduction in transit service, expressing the opinion that bus service to the area in which she resides is inadequate compared to that in the City centre and that she had thought that Common Council would have been more supportive of the over 6,000 signatures which were included in the petition recently presented to Common Council, be received and filed. Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED the letter from Mr. Clifford N. Taylor of C.N. Taylor & Associates Ltd. regarding Common Council's approval, at its meeting of April 2, 1984, of the engage- ment of Woods Gordon of Toronto to conduct an executive search for a Chief of Police, stating that he fails to understand why C.N. Taylor & Associates Ltd. was not chosen and requesting Council to read the submitted copy of its original search proposal as submitted to the City on March 15, 1984 as he suspects that very relevant information was inadvertently omitted that would have influenced Council to vote in favour of this firm's engagement, be received and filed: AND FURTHER that Mr. C. N. Taylor be invited to address Council at this time. I Councillor M. Vincent asked whether Woods Gordon has a branch office in Saint John. Mr. McDermott read from a letter he received from Woods Gordon in which reference is made to the existence of a Saint John office and staff and he noted that the letterhead indicates a Saint John address. Mr. Clifford N. Taylor addressed Council and he re-iterated, as indicated in the above letter, that he does not wish to interfere in any way with the immediate need to identify a person for the Chief of Police position and that, although he has the highest regard for Woods Gordon, to the best of his knowledge this company does not have a search consultant based in Saint John. Mr. Taylor advised that he is unable to determine why Council would look outside the City for an expertise that exists within Saint John and he expressed the opinion that the failure to utilize local expertise results in professional businesses in Saint John becoming discouraged much as he is discouraged in this instance. Discussion ensued particularly regarding the existence of a Woods Gordon branch office in Saint John, the reference in the above letter to the possibility of information having been inadvertently omitted when this company's proposal was summarized for Council, and Mr. Taylor re-iterated that he fails to understand why his firm, on the basis of its proposal, was rejected and he asked the identity of the executive search consultant in Saint John of the Woods Gordon firm. Councillor Poley suggested that Mr. Taylor should meet with the City Manager privately to determine why his company was not selected for the short list of executive search firms presented to Council for consideration following which, if he is dissatisfied with the response, he may wish to discuss the matter further with Council in Committee of the Whole to which Mr. McDermott indicated his willingness to meet with Mr. Taylor in this regard. Mr. Taylor clarified his position by expressing the opinion that the summary sheet Council received with regard to his company was not complimentary nor in keeping with the proposal put forward to the City whereupon the Mayor suggested that this matter should be tabled for one week to clarify this matter in view of Mr. Taylor's indication that the summary sheet did not include all of the pertinent facts on his company whereupon Councillor Poley proposed a tabling motion, which was not seconded. Mr. McDermott explained that Council was given a summary form of each company's proposal and was advised that the individual company briefs were on file in his office for Council's perusal and he asked Mr. Taylor if he is suggesting that the summary sheet on his company is not accurate or incomplete to which Mr. Taylor stated that he would prefer to say that it was incomplete. The Mayor requested that Mr. Taylor discuss this matter with both the City Manager and City Solicitor later this week following which the City Manager will report to Council and Mr. McDermott suggested that such meeting be held at ll:30 o'clock a.m., April 10,1984. ... I Question being taken, the motion was carried. I Her Worship the Mayor suggested that the letter to the City Manager (copies of which were forwarded to Council members as an information item) reQuesting permission for the New Brunswick Blind Sports Association to hold a fun run should be added to the agenda for consideration at this time. On motion of Councillor Gould at this time. Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda for consideration ... ..... ,.... ':Rl23 Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Gould RESOLVED that authorization be granted, with the approval of the Acting Chief of Police, for the New Brunswick Blind Sports Association to hold a "Run For Light" in Saint John on the evening of May 13, 1984. Question being taken, the motion was carried. I Her Worship the Mayor suggested that a copy of a letter she received from the Minister of the Environment (copies of which were forwarded to Council members as an information item) regarding an increase in the total cost of the Millidgeville Waste Water Treatment Plant should be considered at this time and that a full report should be submitted by staff to Council in this regard. A motion was proposed by Councillor Gould and seconded by Councillor Schermerhorn that this matter be referred to staff for an up- to-date report whereupon Councillor A. Vincent rose to a point of order as this item was not properly added to the agenda. On motion of Councillor A. Vincent I Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City Manager for a complete report at Council's next meeting. ... Question being taken, the motion was carried. Councillor Knibb suggested that Council should discuss in Committee of the Whole the policy of the City with respect to the hiring of relatives, which is a matter of concern by the Fire Fighters Union as well as by the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., the latter group having forwarded a letter to the City Manager in this regard (copies of which were forwarded to Council members as an information item). Councillor A. Vincent referred to Council's discussion earlier in this meeting with regard to Mr. L. Jecmenica's property on Rockland Road and requested that Council be kept informed during the next three weeks of any interests to purchase property in the subject area. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yha7 gfJx<~~ ... At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of April, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and A. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; C. Breen, Acting Chief of Police; M. Hanlon, Purchasing Agent; I. Bruhier, Chief Development Officer; C. E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Blaine Dunnett of St. Matthew's Presbyterian Church offered the opening prayer. On motion of Councillor Flewwelling April 9, 1984, be adopted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. ... Councillor A. Vincent asked if minutes from Legal Session meetings of Council are adopted to which Mr. Rodgers replied that decisions of Council in Legal Session are reported to Council for approval in open session at the appropriate time. Councillor A. Vincent asked what action should be taken to correct an error in such minutes to which the Mayor replied that such matter could be brought to Council's attention in Legal Session. .... ~2~ ~ Her Worship the Mayor welcomed to the Council Chamber members of the 1st Musquash Cub Pack, who are working toward their red star, and briefly explained the Council meeting procedures. Her Worship the Mayor commented on her attendance during the past week at the following events:- (1) Prude Inc.'s recognition dinner and she cnmmended this group on the publication of a Black Community Directory for the City of Saint John, and congratulated Mrs. Lena O'Ree, who was chosen as the Bicentennial person in the black community by the Province, and to Miss Polongo 1984; (2) a concert at the Assumption Church, hosted by the people of the French parish of Saint John, at which Mr. Edgar Charlebois of the Quebec Opera, and invited singers and musicians, most of who are members of the late Mr. Edgar LeBlanc family, performed. The Mayor noted that Mr. Mike Landers, M.P., presented her with a cheque in the amount of $81,771.00 on April 14, 1984 representing a Government of Canada grant with respect to activities planned in this community to celebrate the New Brunswick Bicentennial during 1984. Her Worship the Mayor read two proclamations, one proclaiming April 17,1984 to be Law Day in the City of Saint John in keeping with National Law Day to promote a greater understanding of the legal system, the other proclaiming the week of April 22 to 28, 1984 to be Professional Secretaries Week in the City of Saint John and requested management staff to join in recognizing secretaries, especially on April 25, 1984 which is designated as Professional Secretaries Day. The Mayor extended best wishes for success to Miss Gertrude Mooney who, being the only woman to qualify in New Brunswick, is running in the Boston Marathon on this date. Councillor Vaughan commented briefly on her attendance earlier this date at the opening of the Red Cross Centre on University Avenue. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land located at 4105 Loch Lomond Road (L.R.I.S. Number 455006), which contains approximately one acre with 280 feet frontage on Loch Lomond Road, identified as the site of the Airport General Store, from Rural to Light Industrial classification, to permit the re-zoning of the property to "I- 1" Light Industrial classification which will allow the existing uses to continue as well as provide for the establishment of a small engine repair shop, as requested by Airport General Store Ltd. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land containing approximately one acre with 160 feet frontage on Loch Lamond Road (L.R.I.S. Number 353656) located immediately to the west of the property at 4105 Loch Lomond Road, from Rural to Light Industrial classification, to permit the re-zoning of the one-acre parcel to "I-l" Light Industrial classification which will allow the construction of a building to contain a local cabinet and woodworking shop and showroom, as requested by Mr. L. W. Thompson. Mr. George Moses appeared before Council on behalf of the City of Saint John Retired Members Association and, referring to a prepared brief (copies of which, were forwarded to Council members prior to this meeting), explained the history of the said Association and its efforts to date in attempting to have the Pension Act of the City of Saint John amended to make provision for one of this Association's members to sit on the Board of Trustees of the Civic Employees' Pension Plan. Mr. Moses advised that the City of Saint John Retired Members Association has a vested interest in the City pension fund of approximately $17 million and that this Association hopes to have the total number of retirees, which is approximately 250, as members of this Association and he re-iterated the Association's request that the City of Saint John Pension Act be amended to provide a place on the Board of Trustees for representation by this Association and that the suggested amendment be included with any amendment or amendments being forwarded by Council to the present session of the Legislature. Councillor Gould asked how many of the approximate 250 pensioners referred to in the above brief are members of the Association represented by Mr. Moses to which Mr., Moses expressed the understanding that approximately 139 pensioners are members of same. Councillor Schermerhorn asked if the subject request is one that should be considered by Councilor by the Board of Trustees of the Civic Employees' Pension Plan to which Mr. Rodgers replied that, the fact that legislation is required should this Association's request be granted, Council would be the body to seek such legislation, therefore there is nothing amiss for Council to hear such presentation and request, if desired, input from the Board of Trustees in this regard prior to making a decision on same. The Mayor referred to a meeting of the Board of Trustees of the Civic Employees' Pension Plan on January 26, 1984 at which time Messrs. H. Robertson and J. Barry of this Association were present and the suggestion was made that a member of this Association could possibly sit on this Board as a non- voting member following which this Board requested the Association to submit documentation showing that the Association is a legitimate body representing the majority of retirees and asked the Common Clerk, who is the Secretary of the Pension Board, if such documentation has been received to which Mrs. Munford replied in the negative. Mr. H. Robertson, a member of the above Association, at the request of the Mayor appeared before Council and, addressing the reference of the Mayor to the provision of documentation to the Board of Trustees, advised that the Association has had difficulty obtaining an up-to-date list of City retirees. Tbe Mayor noted that, as she does not have the authority as Chairman of the Board of Trustees, to release such list, this matter was discussed in Committee of the Whole earlier this date at which time Council agreed that, in order to respect the privacy of City pensioners, the best approach to take is to issue a notification with each pension cheque that the subject Association has requested that names of pensioners be provided to same, such notification to include a name and telephone number for the retirees to contact in this regard. Discussion ensued regarding the timing of such notification to be issued as well as with respect to whom will be the contact person in this regard. Mr. G. Wallace, a member of the above Association, appeared before Council and commented on this matter, particularly with respect to the idea of the Association being allowed to have a member on the Board of Trustees as a non-voting, or liaison, member and the obtaining of an up-to- date list of City pensioners. Discussion continued during which time Councillor A. Vincent expressed support of the Association's request to have a member of same appointed as a trustee to the Board of Trustees of the Civic Employees' Pension Plan. The Mayor thanked the members of the Association for.their presentation and advised that Council will render a decision with respect to same later in this meeting. Following a brief recess, the meeting resumed when there were present Mayor Wayne and Councillors Flewwelling, Gould, Knibb, Schermerhorn and Vaughan. . I I ... I ... I I ... ~ ~ ~0- Vb~ Notice had been sent to Keith Strange and Dorothy, his wife, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee and Bank of Nova Scotia, Judgment Creditor, to appear at this meeting to show cause, if any, why the building located at 343 Sandy Point Road (L.R.I.S. Number 48850), in the City and Co~ty of Saint John, should not be removed or destroyed as a dangerouS or dilapidated building. Mr. Johnson displayed photographs of the said building and stated that this one-storey woodframe building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. ... (Upon Councillor Schermerhorn's withdrawal from the meeting during the foregoing presentation by the Building Inspector, the Mayor noted the lack of a quorum whereupon Councillor Poley re-entered the meeting.) I On motion of Councillor Gould Seconded by Councillor Knibb I RESOLVED that notice having been given to Keith Stronge and Dorothy, his wife, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee and Bank of Nova Scotia, Judgment Creditor, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 343 Sandy Point Road (L.R.I.S. Number 48850), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 343 Sandy Point Road, in the said City, to be dilapidated and dangerous: AND BE IT FURTHER ,RESOLVED that the said Keith Stronge and Dorothy, his wife, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee and Bank of Nova Scotia, Judgment Creditor, are hereby required to remove or destroy the said building situate at civic number 343 Sandy Point Road, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: ... AND BE ,IT FURTHER RESOLVED that upon failure of the said Keith Stronge and Dorothy, his wife, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee and ~ank of Nova Scotia, Judgment Creditor, to remove or destroy the said building situate at 343 Sandy Point Road, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost.thereof recovered from the said Keith Stronge and Dorothy, his wife, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee and Bank of Nova Scotia, Judgment Creditor. A brief discussion ensued regarding one portion of the building which Councillor Vaughan noted appears to be in reasonable condition according to the photographs circulated and Mr. Johnson, replying to a query of Councillor Flewwelling if this building coUld be repaired, expressed the opinion that there is no reasonable chance of this occurring. (Councillors Schermerhorn and A. Vincent re-entered the meeting during the foregoing discussion.) I Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) Her Worship the Mayor noted the presence in the Council Chamber of Mr. Hugh McLellan, Chairman of the Saint John Port Development Commission, and requested that he address Council regarding this Commission's submission to the Federal Government on unnecessary additional Port facilities. ... Mr. Mclellan addressed Council with respect to the Saint John Port Development Commission's letter to Council submitting a copy of the said submission to the Federal Government in this regard (copies of which were forwarded to Council members prior to this meeting), and he explained that such submisson is basically a very short summary of the issues with the Federal Government which are a current concern to the Saint John Port Development Commission. V~. McLellan referred to the Federal Government's recent indication that it may possibly expand various ports' facilities which compete with those in the Port of Saint John, such as Bayside Terminal in St. Andrews and the Port facility in Chatham, New Brunswick. Mr. McLellan noted that this Commission is requesting that the Federal Government make no further investment in building significant additional port facilities without considering such issues as the low degree of use of some of the existing facilities, the importance of economies of scale in port operation, enormous dredging, ice- breaking, maintenance and operating costs associated with present and proposed facilities, the cost of upgrading railway and highway systems as well as the training of manpower to serve additional port facilities at a time when very expensive transportation systems and well-trained manpower exists and are being under utilized, and the unequal and very different cost accounting methods, user charges and substantial subsidies which create artificial pressures in favour of what would otherwise be wasteful and uneconomic alternatives, examples of this latter point being included in the said submission. Mr. McLellan also noted that the Commission is requesting to meet with The Honourable Lloyd Axworthy, Federal Minister of Transport; The Honourable Romeo LeBlanc, Federal Minister of Public Works, and Mr. Mike Landers, M.P. in this regard and explained that the purpose of the Commission's letter to Council respecting this matter is to keep Council informed of the issues being addressed by the Saint John Port Development Commission with the Federal Government at this time. I On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that Common Council endorse the Saint John Port Development Commission's submission to the Federal Government with respect to unnecessary additional port facilities, as presented to Council by Mr. Hugh McLellan, Chairman of this Commission. Mr. McLellan, replying to a query of the Mayor, advised that the roll-on-roll-off facility for the Port' of Saint John will hopefully be in place by 1985. Councillor A. Vincent suggested that representatives of Common Council should be in attendance at any meeting with the Port Development Commission and Federal officials. Question being taken, the .motion was carried. ... Mr. David O'Brien appeared before Council, on behalf of the Canadian Association for the Mentally Retarded-New Brunswick Division, with regard to this Association's position respecting the possible closure of the Dr. William F. Roberts Hospital School, and he noted that the comment was made by Dr. Stanley, at the opening in January 1965 of this Hospital School, to the effect that this was to be a temporary facility until such time as community-based services were developed in the community to serve children where they ~ ~u~~ ~ should be and where they should stay.. Mr. O'Brien expressed the oplnlon that it is important to note that approximately 130 children are being served by the subject Hospital School while there are approximately 1,720 children in the community and Province who are also being served by a Department of Social Services budget, which means that 79% of this budget is being expended on providing service for the Dr. William F. Roberts Hospital School with the remaining 21% being expended throughout the Province in serving the said 1,720 children, which must leave the question of whether or not community-based programs are less expensive to operate than institutional-based programs. Mr. O'Brien emphasized that the Canadian Association for the Mentally Retarded, Province wide, fully believes and is aware that a better system than institutions can exist for providing services to the mentally retarded, such awareness being based on the knowledge acquired through years of experience in actually providing community-based services as parents raising children in the community and through existing research by its national institute on mental retardation and he noted that his Association is aware that the total population of children at the facility in question is not mentally retarded. Mr. O'Brien expressed the opinion that normalization is the key in this matter and, if children and adults can be kept out of institutions, life itself will help to normalize because life is normal and that the six persons on the assessing team engaged by the Province of New Brunswick to assess this situation have tried to meet the concerns of the children concerned and that the Canadian Association for the Mentally Retarded-New Brunswick Division is of the opinion that the report prepared by this team is very responsible and that the proposals therein can be accomplished with the co-operation of the Provincial social services system, advocacy groups, local and regional volunteer groups and municipal councils. Mr. O'Brien stressed that the Association he represents wishes to ensure that children are not placed in the community without the necessary services being provided therein and he urged Common Council to look very carefully at studies being done to ensure that the study groups incorporate all of the organizations and persons who have knowledge and concern for the children in the Dr. William F. Roberts Hospital School. Mr. O'Brien offered the services of the Canadian Association for the Mentally Retarded-New Brunswick Division to any task force that may be established in this regard, however he cautioned that the assessing team which has. already evaluated this situation possesses great expertise and that nine other studies preeeded the evaluation recently completed in this regard. ... I I Her Worship the Mayor thanked Mr. O'Brien for his presentation and advised that a copy of his brief will be forwarded to the recently-established Mayor's committee, the members of which are Dr. S. Keyes, Dr. T. Crossley, Dr. J. MacDougall. Mr. Travis Cushing, Mr. R. Lutes, Mrs. Jean Gale and Mrs. B. Fearnhead, and she noted that The Honourable Nancy Clark-Teed. Minister of Social Services, ... met with Council in Committee of the Whole earlier this date regarding this matter. Read a letter from Mayor Wayne noting that it has been the practice for the City to pay students the same hourly wage as is paid to the union, however it appears that hourly wages paid to students of several government departments are in the range of the minimum wage and expressing the opinion that, in view of the difficult economic times and lack of jobs on the market, it is time for the City Manager and appropriate staff to meet with members of the union to see if an agreement can be reached that this year any students hired will be paid the minimum wage, which should result in a saving for the taxpayers and allow more student employment. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the City Manager and appropriate staff meet with the civic unions with a view to attempting to bring the rate of pay for summer students employed by the City more in line with the minimum wage. Councillor Vaughan expressed opposition to the above motion on the basis that persons employed in the same type of position, regardless of whether they are students or adults, should be paid the same rate of pay. Question being taken, the motion was carried with Councillors Vaughan and A. Vincent voting "nayll. Consideration was given to a letter from Councillor Vaughan referring to the request of Ports Canada - Port of Saint John to erect a sign identifying the Barrack Point Potash Terminal, which was dicussed at Council's regular meeting of February 20, 1984, recommending that the City give a variance to allow erection of this sign. Consideration was also given to a letter from the City Solicitor referring to Council's discussion of the above matter in Committee of the Whole on March 19, 1984, expressing the opinion that, based on examination of the Motor Vehicle Act and the correspondence relating to this matter, the sign and wording as suggested by Ports Canada does not constitute "commercial advertising", therefore the City has the authority to administratively approve the erection of such a sign on a City street and that such approval, whereas it is on the basis of the circumstances of each case, does not establish a precedent, and suggesting that City officials involved in the matter should request that the design of the sign and its wording be made available for examination before such approval is given. On motion of Councillor Vaughan Seconded by Councillor A. Vincent RESOLVED that approval be granted to Ports Canada - Port of Saint John to erect a sign identifying the Barrack Point Potash Terminal, subject to the design and wording of such sign being examined and approved by City staff. In proposing the above motion, Councillor Vaughan expressed the understanding that such signage is to be erected on a temporary basis, however Mr. Armstrong expressed the understanding, based on further discussion with Ports Canada - Port of Saint John, that such sign is not of a temporary nature and he added that staff is awaiting the submission of the proposed wording to be placed on same in order to determine whether or not it is of a commercial advertising nature. Question being taken, the motion was carried. Read a letter from Councillor Schermerhorn submitting a copy of a letter he received from C. R. Waldschutz regarding the lack of painted traffic lines on City streets, recommending that the City Manager and staff submit a report on the matter of the painting of traffic lanes, turning arrows etc. on the streets at the next sitting of Council. I ... I I ... .... JI"'" " ,?1~'"') }.Jf!>, a ... I I ... I ... I I ... llr.. Mr. Armstrong explained that the scheduling for the painting of traffic lines, etc. is seasonally dependent and usually commences the early part of May, with two coats of paint being applied yearly, such paint meeting Federal Government reQuirements, and he noted that the heavy industrial traffic in Saint John tends to wear away the painted lines faster than that on Provincial highways. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor Schermerhorn submitting a copy of a letter from Transport Canada indicating that the main runway at the Saint John Airport will be out of service during the months of June, July and August 1984, such runway being, in his understanding, the only runway equipped for instrument landing, therefore such action could result in very erratic air service in and out of the Airport in view of June and July being the months with the greatest fog potential; expressing the opinion that, with the many activities planned during this Bicentennial year, it would seem inappropriate for this to happen and recommending that dialogue with Transport Canada be initiated between appropriate City officials to determine if such work could be later in the summer or early fall be received and filed and the recommendation adopted. The Mayor noted that the City has been waiting for some time to have the subject renovations carried out. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt April 5-11, 1984 $7,357.74 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $9,500.00 for the guarantee of rehabilitation of the gravel pit at Saint's Rest, Sand Cove Road, which is milled by J. D. Irving Limit ed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of Sumner Tire & Automotive Ltd., in the amount of $5,000.00 plus Provincial sales tax, be accepted for the supply and installation of one tire spreader. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding provlslon of promotional material to individuals and groups travelling outside the Province, which was considered at Council's meeting of March 26, 1984, submitting a copy of a report from the Director of Tourism and Public Relations which points out that Saint John already has a very generous policy of distribution in that during 1983 over 250,000 pieces of literature, as well as 48,500 pins, buttons and other promotional items, were given out; advising that, if all other travellers to other provinces were provided with completely free material, it is estimated that the additional cost of promotional material would be $23,750.00 plus tax, together with a loss of revenue of $3,000.00 projected from the sale of the metal lapel pins, such additional costs not having been budgeted for, and recommending that the present policy of free distribution of fabric decals and plastic lapel pins, with a charge for the metal lapel pins, continue -- be received and filed and the recommendation adopted. Councillor Vaughan suggested that a reduction in promotional literature could result in a monetary saving which would allow the provision of other promotional material free of charge. The Mayor asked if the City would benefit more insofar as tourism is concerned by reducing its promotional literature to which Ms. Huntington-LeBlanc replied in the negative. Question being taken, the motion was carried with Councillor Vaughan voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the reQuest of Saint John Co-operative Supply Depot Ltd. for assistance in improving the City-owned land on the Fairville Boulevard perimeter of this company's property, which was considered by Council at its meetings of March 12 and April 2, 1984; advising that landscaping the area in question is estimated to cost $3,000.00, however the practice in the past has always been to allow the landscaping of the area between the property line and curbline Or edge of'the street to be done by the property owner with the understanding that no obstruction to the flow of surface water or to sight lines for traffic purposes can be permitted, with the City having the right to use the area for its purpose'if required for street widening, sidewalk or sewer construction; noting that, on Fairville Boulevard itself, ' companies such as A & W Ltd., Canadian Tire Corporation Ltd. and Gill Equipment Ltd, have all made improvements to the area in question in front of their specific locations; also advising that, with regard to Council's sugg~~ion that the City attempt to obtain Federal Funding to employ persons in a labour-oriented program to clean up the subject area, the deadline for application for such program funds has already passed, and recommending that, as previously recommended, Saint John Co-operative Supply Depot Ltd. 's request for landscaping in front of its property be denied and that a copy of this report be forwarded to the said company -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nayll. ~28 ~ Read a letter from the City Manager regarding the request of Super Slide Ltd., which was considered by Council at its last meeting, to operate a full canteen service and gift shop as part of its waterslide facility Whicb i~ to be constructed in Rockwood Park in accordance with certain terms and conditions as previously considered by Council, advising that, as Mr. D. A. Haggerty has been given the exclusive right and privilege of operating a canteen concession at Fisher Lakes until October 31, 1984, the City cannot grant to Super Slide Ltd. the right to operate a canteen concession in the same vicinity prior to that date and, should Mr. Haggerty and Super Slide Ltd. reach an agreement to assign Mr. Haggerty's position under the existing agreement to Super Slide Ltd., the said company should seek approval of that assignment from the City as there is no provision currently in the agreement with respect to its assignment, therefore with respect to permission to operate full canteen service, Council will have to await further developments. With respect to the request for a gift shop, the, letter advises that staff has no objection to such a facility provided that there is no conflict with the existing concessionaire and recommends that the request of Super Slide Ltd. to operate full canteen service in connection with the waterslides be denied unless suitable provisions can be made with the current concessionaire, and further that permission be granted to operate a gift shop provided there is no conflict with the canteen concessionaire and that the City receive 5% of the gross revenue as the license fee. Consideration was also given to a letter from Mr. Ivan Court, Vice President of Super Slide Ltd., advising that the above matter has been discussed with City staff and this company is willing to alter its request to operate'a canteen as part of its waterslide facility beginning November 1, 1984, rather than June 1984, however permission to operate a gift shop as part of its facility is requested as of June 1, 1984, the date the waterslide is to be open for business. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the request of Super Slide Ltd. to operate full canteen service in connection with its water slide facility at Rockwood Park be denied unless suitable provisions can be made with the current concessionaire and further that permission be granted to operate a gift shop provided there is no conflict with the canteen concessionaire and that the City receive 5% of the gross revenue as the license fee. ... I I Councillor Knibb noted the presence in the Council Chamber of Mr. Ivan Court and suggested ... that he may wish to address Council regarding the above matter. (Councillor Poley withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Mr. Ivan Court be invited to address Council at this time. Question being taken, the motion was carried. Mr. Court addressed Council and adT sed of his discussion with City staff and Mr. Haggerty regarding the operation of a canteen concession at Rockwood Park and Super Slide Ltd. 's intention to apply for a canteen concession on November 1, 1984. Councillor Gould questioned if Super Slide Ltd. is being guaranteed the right to operate a canteen concession as of November 1, 1984 to which the Mayor noted that it is part of this company's Federal agreement to have a canteen on the waterslide facility site and Mr. Court re-iterated that his company has no intention of tendering on the other canteen concession unless it is necessary to do so in order to operate a canteen on the site of its waterslide facility. Discussion ensued regarding whether or not it will be permissable for Super Slide Ltd. to operate a canteen in this area in view of the current canteen concession in existence in "Rockwood Park. Question being taken, the original motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mr. Ivan Court, Vice President of Super Slide Ltd., regarding this company's request to operate a canteen and gift shop in conjunction with its waterslide facility at Rockwood Park be received and filed. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding Council's request at its meeting of March 26, 1984 for information on the present use of a fire lane on the north side of Park Avenue, re-iterating that this lane is used as access for at least one of the lots which backs on the lane with this particular lot being owned by NB Tel and for which no ready access is available from the frontage on Bayside Drive; advising that, if other abutting property owners wish to challenge the right of NB Tel to use the subject lane, they could research the matter as described herein, however in any event, the City has no control over the use of this fire lane, and noting that the City has legislation whereby, if a certain procedure is followed, Council may by resolution acquire title to such fire lanes following which title can then be transferred to the abutting property owners and that it is normal to obtain the consent of such abutting property owners prior to commencing such a procedure as the City's involvement is not to take over control of same but to provide a means of establishing title and subsequently transferring land to the abutting owners -- be received and filed. Councillor Flewwelling advised that he is unable to understand why the City has no control over the use of fire lanes and he suggested that this matter should be reviewed further. Councillor Flewwelling asked how a building permit could be obtained to construct a building which has no access to same other than by means of a fire lane to which Mr. Johnson noted that the City's development officer would approve such plans and he confirmed that a buiding permit was issued for the subject building. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". I ... I I ... ~ ~ 329 On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that staff has met with Mr. Richard Merzetti regarding his property on the watershed, which was considered by Council in Committee of the Whole on April 9, 1984, and advised that Mr. Merzetti is not willing to accept , the City's offer of $10,000.00 for the subject property -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that he and the Director of Personnel met with Mr. Clifford Taylor of C.N. Taylor & Associates Ltd. on April 10,1984 regarding the executive search for a Chief of Police, which, was discussed at Council's last meeting, and that, following a further review of Mr. Taylor's presentation in this regard, staff sees no reason to change its comments on the summary sheet -- be received and filed. Question being taken, the motion was carried. I Councillor A. Vincent noted t~at copies of a letter from C.N. Taylor & Associates Ltd. were forwarded to Council members as an information item and he suggested that this item should be added to the agenda for consideration at this time. On motion of Councillor A. Vincent Seconded by Councillor Poley RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. ... On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that the letter from C.N. Taylor & Associates 'Ltd. regarding the City's executive search for a Chief of Police, be received and filed. Question being taken, the motion was carried. Her Worship the Mayor advised that the item regarding the operation and maintenance of the skywalk has been removed from the agenda as the hours therein require changing and that this matter will be included on the next Common Council agenda. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the designation of a day as Arbour Day in the City, which was considered by Council at its meeting of February 27, 1984, recommending that, as requested by the E~onment Committee, the second Tuesday in May be established as Arbour Day for 1984 and future years -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the 1984 Capital Budget be approved as submitted. ... Mr. McDermott, upon the suggestion of Councillor Knibb, explained that the gross expenditure for 1984 for general purposes is $14,301,000.00 of which $4,150,000.00 will be covered by contributions from other levels of government, leaving an amount of $10,151,000.00 to be raised by sale of City debentures, and that the gross expenditure proposed for the Water and Sewerage Utility is $2,937,000.00 of which $180,000.00 is anticipated by contributions from other governments, leaving $2,757,000.00 to be raised by the sale of City debentures. Mr. McDermott added that, although 1984 represents the peak year for Canada Games construction, the Capital Budget for general purposes is down by $1 million from last year's total of $11.5 million which had to be financed by the City and that the Utilities Budget is also decreased with the completion of the major expenditures with respect to the Millidgeville Sewage Treatment Plant, however the requirement to pay for the high level of expenditure of the past few years will mean that great restraint has to be exercised in undertaking new major capital works and this is reflected in the Capital Budget recommended for approval. Mr. McDermott noted that the City's Capital spending continues to be concentrated in the City centre and that major projects under the Transportation Budget include the rebuilding of Charlotte Street between Union Street and King Square and the construction of the Church Avenue grade separation. Mr. McDermott commented on the highway projects for which the City has applied for Provincial funding, the projects included under the Recreation and Parks capital budget as well as the major new project under the Water & Sewer budget that being the work required to improve water pressure and supply in various areas in the northern part of the City. The timing of the rebuilding of Charlotte Street and the opinion of the business owners in this area was discussed briefly as was the matter of fiscal services. I I Question being taken, the motion was carried. Read a letter from the City Manager regarding the proposed Plumbing By-Law amendment regarding changes to licensing and permit fees, which was given first and second readings at Council's meeting of February 13, 1984, submitting a copy of a joint report from the Commissioner of Community Planning and Development and the Building Inspector which relates information with respect to the discussion between the Saint John Mechanical Contractors Employers Association Inc., and recommending 'that Council proceed with third reading of the proposed amendment subject to the recommendation in the submitted report that the fee schedule be modified such that the per fixture fee would be $3.00 per fixture effective January 1, 1985 and $4.00 per fixture effective January 1, 1986. ... Consideration was also given to a letter from Saint John Mechanical Contractors Employers Association Inc. regarding the above matter expressing agree~ent with the proposed increases with the exception of the ~ 330 " rate proposed for fixtures, and suggesting that a plumbing codes review committee should be estab- lished between this Association and the Building Inspector's Office to review the contents of the Plumbing Codes and act as an appeal system where a problem arises. ... Consideration was also given to a letter from the Master Plumbers Examining Board sub- mitting a copy of a letter received from twelve duly-licensed Master Plumbers of the City of Saint John requesting an opportunity to have input concerning any proposed changes to plumbing trade by- laws. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Council proceed with the third reading of the Plumbing By-Law amendment, subject to the changes in fixtUre fee as'recommended in the s~bmitted report 'from 'the Commissioner of Community Planning and Development and the Building Inspector. ' I Councillor Poley expressed concern that, as indicated in the above letter from the Master Plumbers Examining Board, the duly-licensed Master Plumters of the City of Saint John have not had input concerning the proposed amendments to the subject By~Law and that the Saint John Mechanical Contractors Employers Association Inc., with, which discussions were held, represents only a portion of the Master Plumbers in the City, and he suggested that this matter be tabled to allow an oppor- tunity for the Master Plumbers concerned to provide the requested input. I On motion of Councillor Poley Seconded by Councillor Gould RESOLVED that the above matter be laid on the table pending a meeting between City staff and the Master Plumbers of the City of Saint John. Councillor Gould asked if the Plumbing Inspector will be included in the above meeting to which the Mayor replied in the affirmative. Question being taken, the tabling motion was carried. ... ,On motion of Councillor Schermerhorn Seconded'by Councillor Flewwelling RESOLVED that correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting proposed le~ slat ion for the establishment of the Saint John Aquatic Centre Commission, which was considered by Council at its regular meeting' of January 16, 1984, such legislation including the changes suggested to the original draft by the Interim Management Committee of the Aquatic Centre as well as deleting S.5 of the original draft which dealt with real property tax exemption, the latter having been copied from the Newfoundland legislation which operates under different tax laws, and recommending that Council authorize the Legal Department to. take the necessary steps to petition the Legislature for the ,creation of the Saint John Aquatic 'Centre Commission as outlined in the submitted proposed Act. I A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that the above recommendation of the City Solicitor be adopted, however during ensuing discussion Councillor Vaughan, a member of the Interim Management Committee, noted that 2(2)(d) should include the Commissioner of Finance as a member ex officio, without a vote, and that she is of the understanding that there could be a problem with the change from forty-five to sixty days in 7(6), the latter to which Mr. Wilson responded and explained that under the Municipalities Act the City is required to submit audited financial statements to the Province by March 10, with the audit to be completed by March 1, therefore to permit the Aquatic Commission to delay audit results to the City until the expiration of sixty days would make it impossible to mdet the said requirement, however forty-five days, which proves successful insofar as the Saint John Transit Act is concerned, should work well in this matter. It was agreed that the said suggested changes would be included in the proposed legislation. ... On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Legal Department be authorized to take the necessary steps to petition the Legislature for the creation of the Saint John Aquatic Centre Commission. Question being taken, the motion was carried. I 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 begs leave to report that it sat on Monday, the ninth day of April, A.D. 1984, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- I 1. That as recommended by the City Manager, authority be granted to The Market Square Corporation to execute the submitted agreement with Canpark Services Ltd. for the management of the Market Square parking garage for a period of five years, subject to review of such, agreement by the City Solicitor. 2. That a radial arm saw, which was purchased under a NEED grant for bleachers in 1983 be donated to the Kiwanis Vocational Training Centre. ... 3. That as recommended by the City Manager, Mr. Gerald J. Richard and his employees be permitted to recover corrugated paper at the Spruce Lake landfill site, subject to a 30-day notice of cancellation and a proper indemnity contract being provided. ~ I""" [J~H ... I I ... I ... I I ... lil.. 4. That the letter from the City Manager regarding water and sewerage charges to Kelson & Kelson Ltd., which was considered at Council's regular meeting of April 2, 1984, advising that, in view of the new information as contained in the submitted report from the Deputy Commissioner of Finance, staff is now supportive of Mr. Kelson's request and considers it reasonable to offer relief on the arrears and hook up services as requested, be received and filed and reported at the next regular meeting of Council. 5. That as recommended by the City Manager, United Church Clothing Centre be offered rental at a rate of $160.00 per month with respect to its occupancy of premises at 39 Princess Street, such rental to commence January 1, 1985, and that the Mayor and Common Clerk be authorized to sign any and all agreements made to complete this transaction. 6. That Common Council approve an amount of $84,000.00 as the 1984 Capital Budget of the Saint John Parking Commission. April 16, 1984 Saint JOhn, N. B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Mr. Barfoot, replying to a query of Councillor A. Vincent, explained that the above project is a continuation of the previous agreement with Consolidated Fibres and, although there is no financial return to the City, there is a possible saving to the City as the recovered material does not have be covered with landfilL Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor Poley voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Preservation Review Board referring to the suggestion in its 1983 Annual Report, which was presented to Council on April 2, 1984, that it would be very advantageous to erect signs at various locations in the City to describe the location and' size of Trinity Royal, proposing that such signs would include a map and a short description of the subject area and to be erected at King Square, Market Square, Reversing Falls Tourist Bureau and the Provincial Tourist Bureau on Route 1, and requesting that Council give this matter careful consideration as it would be beneficial to have these signs erected prior to the tourist season which is soon to commence -- be referred to the City Manager for a report and recommendation within two weeks. Question being taken, the motion was carried. Read a letter from the Saint John Preservation Review Board referring to the proposed street sign for the Trinity Royal area, a model of which was .shown to Council during this Board's presentation of its 1983 Annual Report on April 2, 1984, such signs to cost approximately $15.00 each with approximately 150 signs being required, requesting Council to carefully examine this proposal and, if possible, approve same in time to have it implemented for the 1984 tourist season and suggesting that the erection of the first such sign could be done at a public ceremony which would further serve to make people aware of Trinity Royal. Councillor Knibb proposed a motion, which was seconded by Councillor Poley, that Council authorize the immediate placing of such signs in the Trinity Royal area with the City to cover the cost of same to a maximum of $2,500.00, such motion being withdrawn following Mr. Armstrong's comment that staff has not fully analyzed the above matter in order to determine exactly where such signs are to be placed which could result in additional costs if street signs are to be changed and poles reinstalled. The Mayor suggested that this matter should be referred to the City Manager and appropriate staff for a meeting with the Saint John Preservation Review Board to determine what this Board is requesting and the cost of same and report to Counc i1. 33~ ~ On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the letter from the Saint John Preservation Review Board regarding new street signs for Trinity Royal be referred to the City Manager and appropriate staff to meet with the Preservation Review Board and submit a report and recommendation to Council. Councillor A. Vincent suggested that the above cost should be shared with. merchants and businesses in the area concerned. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Saint John Preservation Review Board referring to its concern regarding the existence of "RM-3" zoning within the Trinity Royal area, which was mentioned in the said Board's 1983 Annual Report presented to Council on April 2, 1984, recommending that the area in Trinity Royal currently zoned "RM-3" be re-zoned to "RM-l" while there is not any proposed highrise development and to be ,consistent with the Municipal Heritage Preservation By~Law which would require any new building to comply with its neighbours -- be referred to the City Manager and Planning staff for report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from The Saint John Bicentennial Inc. requesting Common Council's approval of the erection of two community event signs to be located within the public sidewalks at two uptown locations and to advertise community events during the Bicentennial years, and submitting copies of sketches and site plans with respect to same -- be referred to the City Manager and appropriate staff for a report and recommendation. Councillor Poley suggested that such community signs could be located in the skywalk between Brunswick and Market Squares and Councillor Schermerhorn suggested that there may be a possibility of obtaining cost sharing for such signs with The Saint John 1985 Canada Summer Games Society, Inc. if Canada Games activities are posted thereon. Councillor Vaughan noted that, as indicated in the above letter, Mediacom Inc. has offered to lease these signs to The Saint John Bicentennial Inc., until the end of 1985, for a total sum of ,$1.00, that The Saint John Bicentennial Inc. will be responsible for removing the concrete bases and restoring the sidewalk at the end of 1985, and that Mediacom Inc. has agreed to consider leasing these signs to the City after the end of the 1985 on terms and conditions agreed upon at that time. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as requested by The Saint John Bicentennial Inc., permission be granted for the use of the Council Chamber on May 18,1984 for a special sitting of the Canadian Citizenship Court. The Mayor noted that a reception will be held on the eighth floor of the City Hall building for those who are involved in the above proceedings. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Parking Commission requesting that the Parking Meter By-Law be amended to change the usage of the public parking lot which fronts on Germain Street and extends eastward therefrom to the rear of the lots fronting on King Street and Charlotte Street from short-term or metered parking to long-term monthly parking -- be received and referred to the Legal Department for drafting of the appropriate Parking Meter By-Law amendment for Council's consideration: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a first time. Read a first time the bYe-law entitled, "A By-Law To Amend A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". Question being taken, the motion was carried. Councillor Schermerhorn proposed a motion that the above-named By-Law be read a second time whereupon the Mayor suggested that Council may prefer to consider second reading when the proposed amendment is received from the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Central Business Development Corporation requesting Council's assistance with respect to improvements for better and more adequate lighting in King Square -- be referred to the City Manager for a report and recommendation at the next meeting of Council. Question being taken, the motion was carried. ... I I ... I ... I I ... ~ II"" 6j~~ On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the letter from Marquis & Faloon, solicitors, requesting a waiver of the conditions in Common Council resolutions of 1973 and 1974 which conveyed property on Kiwanis Court to the Saint John Centre for Services to Handicapped Inc. -- be referred to the City Manager for report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Roberta W. Lee expressing the opInIon that the development of a commercial amusement area ,in Rockwood Park does not fit with the City's new image and style and suggesting that, if it is not too late for Council to reverse its action in this regard, potential developers can find land elsewhere if they wish in an area which is not now set aside for the enjoyment of the public --be received and filed. Question being taken, the motion waS carried. I On motion of Coureillor A. Vincent Seconded by Councillor Poley RESOLVED that the presentation of the City of Saint John Retired Members Association be referred to the City Solicitor for the drafting of proposed legislation for Council's consideration to provide for this Association to have representation on the Board of Trustees of the Civic Employees' Pension Plan, as well as to the said Board for input and report to Council. ... Discussion ensued regarding the status of the above-mentioned Association and the percentage of pensioners represented in same , and the Mayor questioned the disposition of a motion which was adopted by the said Board on January, 26, 1984 with respect to a delegation of this Association providing documentation to this Board 'indicating that it is legitimate body representing the majority of retirees, as well as the placing of a person from this Association on this Board as a liaison between the Board and the said Association. Mr. Rodgers, referring to the Mayor's query, noted that this is a separate issue which is now overriden by this Association's request at this meeting for an amendment to the Pension Act to provide for an official member of the Board of Trustees. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the presentation of Mr. David O'Brien, on behalf of the Canadian Association for the Mentally Retarded-New Brunswick, with regard to the possible closure of the Dr. William F. Roberts Hospital School be referred to the Mayor's committee, the appointment of which was author- ized by Council at its April 2, 1984 meeting. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councnillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ... ~7 f{,YhMI-f At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-fourth day of April, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Winch, Deputy Commissioner of Community Planning; P. Clark, Fire Chief; C. Breen, Acting Police Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; W. D. Todd, Executive Director of Housing; J. Brownell, Assistant Director of Recreation; R. Adams, Property Management Branch; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley" Administrative Assistant to the Mayor. Reverend Darrell Pond of Hillcrest Baptist Church offered the opening prayer. On motion of Councillor Flewwelling ... Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on April 16, 1984, be adopted. Question being taken, the motion was carried. ll... 334 .., The Mayor advised that, although the request was made to The Honourable Nancy Clark-Teed, Minister of Social Services, in Committee of the Whole on April 16, 1984 for the Mayor's Committee to be given one month to review the consultants' report regarding the Dr. William F. Roberts Hospital School and submit recommendations thereon for Council's consideration and subsequent submission to the said Minister, The Honourable Nancy Clark-Teed is giving Council only two weeks in which to perform this analysis. Her Worship the Mayor also advised that she has issued a challenge, on behalf of Common Council and City staff, to Mr. Kenneth V. Cox, Chairman,of the Board and President of The New Brunswick Telephone Company, Limited, to the effect that more City representatives than those of the NBTel employee group, on a percentage basis, will take part in the Second Great Participaction Challenge to be held on May 16, 1984. Her Worship the Mayor read a proclamation proclaiming the week of April 29 to May 5, 1984 as Mental Health Week as a reminder of the necessity of emotional wellbeing and to alert members of the community to the issues surrounding mental health therein. Councillor Schermerhorn suggested that an item regarding the City of Saint John Annual Santa Claus Parade (copies of which were forwarded to Council members by the Parade Committee) should be added to the agenda for Council's consideration at this meeting. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda for Council's consideration at this meeting. Question being taken, the motion was carried. Councillor Knibb noted that a challenge has been presented to Saint John High School and St. Malachy's High School to contest the ability of the respective students to haul two City transit buses up King Street on May 16,1984, and the Mayor commented briefly on a,proposed challenge to the City of Ottawa, Ontario. Read a letter from Councillor Flewwelling requesting a report from the City Manager regarding the position of the Port of Saint John as a free trade zone and the availability and method of financing in this regard. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for a report to Council. The Mayor noted that she has been advised by the Federal Department of Regional Industrial Expansion that there is no Federal funding available for a feasibility study in this regard at this time and she requested the City Manager to provide a full report from the Economic Development Council on this matter. ' Question being taken, the motion was carried. On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Poley regarding the matter of flooding of the Holmes property in Martinon, which was considered by Council on October 17, 1983, noting that this matter has continued to the present time and and that Mrs. Holmes has contacted him again about the problem -- be referred to the City Manager for further investigation of this matter and report to Council at its next meeting. Mr. McDermott explained the actions of the Works Department to date to attempt to rectify the above-noted problem, however it will be necessary to carry out extensive ditching around the Holmes property as well as around that of adjoining properties, and he advised that, although staff will further investigate this matter in the near future, the Holmes dwelling is located at the bottom of a natural drainage area. Question being taken, the motion was carried. Read a letter from Councillor M. Vincent regarding the use of City ballfields and cost to teams of various ages, divisions, etc., noting that there seems to be some confusion with respect to the course of action taken by Council recently when it adopted recommendations of the Recreation and Parks Advisory Board as well as recommendations of the Recreation and Parks Department in this regard; suggesting that the apparent problem relates to the implementation of a new first-time user fee to be charged to juvenile level groups and down to every team regardless of their ages for use of a facility where lights exist, where Recreation and Parks employees are working or where facilities. exist, and recommending that Mr. Nicolle or Mr. Brownell, through the City Manager, be asked to address this matter at this time in order to clarify same. Councillor Murray noted that there appears to be confusion concerning the difference between a serviced and unserviced field to which Mr. Brownell explained the difference between same and noted that this year a minor charge has been initiated for juvenile-aged teams and below for use of regulation-size fields and, of all the minor-league classifications, the youngest group ends with senior little league and no charge will be made for any City field which is curently being used by little league teams. Mr. Brownell added that nine senior little league teams which use the field at Forest Hills and four midget teams which use the Lancaster field will be charged, however there is no policy at this time to charge for other than regulation-size fields. Councillor Vaughan expressed the opinion that, if the City were to provide the services which are presently carried out by volunteers insofar as ball leagues are concerned, it would prove very costly and further no fee is charged for use of community centres which require City staffing and she expressed opposition to the initiation of the subject user fee. On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that Common Council resolution of March 26, 1984 adopting the 1984 fees and charges as recommended by the Recreation and Parks Department to initiate charges for use by juvenile-aged teams and below of fully-serviced ballfields be rescinded. ... I I ... I ... I I ... ~ ,.. ~35i ... Mr. Brownell, in reply to a query of the Mayor, advised that a revenue of approximately $2,000.00 would be realized by the City with the implementation of the subject user fee which represents approximately 10 per cent of the total cost of operating class-one fields. Councillor Murray expressed the opinion that to remove the Subject user fee could set a precedent for requests from minor hockey teams and other groups to remove fees charged for rinks, etc., and that, if ball teams are using fully-serviced fields, they should be required to pay for same. Question being taken, the motion was lost with the Mayor and Councillors Davis, Gould, Knibb, Murray, Poley and Schermerhorn voting "nay". On motion of Councillor Gould I Seconded by Councillor Davis RESOLVED that the above letter from Councillor M. Vincent be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $8,000.00 for the guarantee of rehabilitation of the gravel pit at Ping Pond, which is owned by Galbraith Construction Ltd. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $4,000.00 for the guarantee of rehabilitation of the gravel pit on Grandview Avenue, which is owned by J. D. Irving Limited. Question being taken, the motion was carried. Her Worship the Mayor called for a motion to table for one week the tender reports regarding a loader/backhoe, motorized equipment and electrical renovations at the Reversing Falls Tourist Bureau-Theatre. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above-mentioned tender reports be laid on the I table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that the letter from the City Manager advising that, as recently requested by Council, a meeting was held with representatives of Brunswick Square, Market Square, Rocca, Revenue Properties, Delta Brunswick Inn and the Hilton International Saint John'with respect to the maintenance and operation of the skywalk between Brunswick and Market Squares, at which the'following hours of skywalk operation were agreed to:- Monday to Saturday - 7:00 o'clock a.m. until midnight; and Sunday - 11:00 o'clock a.m. until 7:00 o'clock p.m., with the access through Brunswick Square from the skywalk to the elevators to be open except on Sundays when it will be closed, however access to the. parking garage will be open on Sundays; also advising that Market Square is providing the security in the skywalk area during the hours of operation and it is being cost-shared among Market Square, the City and Revenue Properties and that Brunswick Square is providing the additional security within its premises; and further advising that new signage is being installed at the present time by Brunswick Square, Market Square and Revenue Properties and, when complete, such signage will be examined by the City to determine if any further signage is required in the skywalk -- be received and filed. I A brief discussion ensued particularly regarding the ownership of the skywalk to which Mr. Barfoot noted that the City owns two sections of the skywalk, one section being that from the face of Market Square through to the face of City Hall, the other being the section from the face of City Hall to the Chipman Hill parking garage. The Mayor questioned the type of signing to be placed in the skywalk and whether or not it is to be cost-shared to which Mr. Barfoot advised that the previous proposal of the Project Manager for City Centre Improvements with respect to signage has been superseded by the signage which is being done by the individual companies, namely, Market Square, Brunswick Square and Revenue Properties. Deputy Mayor Davis questioned the percentage to be paid by the City with respect to the maintenance costs of the skywalk to which Mr. Barfoot replied that, although negotiations are not as yet complete, the proposal is that the direct cost of maintenance be shared by the commercial beneficiaries with the City to assume certain other costs, and he advised that the current cost to the City with respect to maintenance and security in the skywalk system itself is between $1,000.00 and $1,200.00 per month, one third of same being paid by Rocca Market Square. Mr. Barfoot confirmed that, upon completion of ,negotiations, such costs will be the subject of a written agreement for Council's consideration. I Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Gould RESOLVED that the progress report from the City Manager regarding the request of the Saint John Central Business Development Corporation for improvements to lighting in King Square, which was considered by Council at its April 16, 1984 meeting, advising that this request has been referred to The Power Commission of the City of Saint John and is being studied by the Engineering and Works Department in connection with improvements on Charlotte Street, be received and filed. Councillor Schermerhorn asked when the a further report will be forthcoming on the above matter to which Mr. McDermott replied that it should be presented to Council within three weeks. Question being taken, the motion was carried. lil... ~36 '""'IIIIIl Read a letter from the City Manager referring to Common Council resolution of January 3, 1984 making available to The Saint John Bicentennial Inc. an amount of $163,542.00, such amount representing an additional grant of $81,771.00 from, both the Province and the Government of Canada, , with the provision that each transfer of funds be approved by Council, noting that Council has already approved an initial transfer of $40,885.50 and recommending that, as the City is in receipt of the balance of such funds, Council approve the transfer of this balance in the amount of $122,656.50 to The Saint John Bicentennial Inc. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that the City Manager's recommendation be adopted and during the discussion Councillor Knibb suggested that, while transferring such funds, this group should be asked for an immediate report as to the allocation and utilization of such funding and the Mayor suggested that The Saint John Bicentennial Inc. be invited to address Council within the next two weeks in this regard. Councillor Flewwelling suggested that, if the above group does not require the subject funding immediately, the City could invest same in the interim. Mr. Wilson advised that The Saint John Bicentennial Inc. has contacted him with respect to this funding and has advised that this is required to meet certain 'commitments. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that Council approve the transfer of $122,656.50 to The Saint John Bicentennial Inc., such amount representing the balance of a grant made available by the Province and the Government of Canada and further that The Saint John Bicentennial Inc. be requested to address Council within the next two weeks with respect to its proposal for the use of such funding. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... I I Seconded by Councillor Knibb RESOLVED that the progress report from the City Manager regarding the request of the Saint John Preservation Review Board to erect distinctive street signs in the ~ Trinity Royal area, which was considered by Council at its April 16, 1984 meeting, advising that a .., meeting has been arranged with the said Board to review the details of this proposal following which a further report will be submitted to Council -- be' received and filed. Mr. McDermott, replying to a query of Councillor Schermerhorn, advised that a further report on the above matter should be available at Council's next meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the request of Mr. David G. McAllister to hold two Moto-Cross races at Saint's Rest, Sand Cove Road on June 3 and July 15, 1984. Question being taken, the motion was carried. Read a letter from the City Manager recommending that the contract for sportsfield lighting at Allison Grounds be awarded to the low tenderer, namely, H. D. MacMackin Ltd., in the amount of $25,960.00 on the condition that the certificate from the Workers' Compensation Board is received by the City prior to the order being placed. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the contract for sports field lighting at Allison Grounds be awarded to the second low tenderer, namely, Norman W. Francis Limited, in the amount of $26,211.00. ... Councillor Flewwelling expressed the understanding that the above tender meets the specifi~ ,c~ cations whereas that of H. D. MacMackin Ltd. neglected to submit the required certificate from the Workers' Compensation Board. Mr. Hanlon advised that staff concerned is in agreement that acceptance of the low tender without the subject letter would not give this company any material advantage over any other tenderer and he explained that the letter from the Workers' Compensation Board is to confirm that a company is in good standing with this Board at that particular time. Question being taken, the motion was carried with Councillor Gould voting "nay". Read a letter from the City Manager advising that eight companies have responded to the public tender call for supplying the City's gasoline and oil requirements from May 1, 1984 to April 30, 1985, submitting a copy of the bid summary, the terms and conditions of the tender and a listing of the areas in which the tenderers have indicated non-compliance with the tender conditions, suggesting that, with respect to the latter, those bids from companies which have chosen not to comply with conditions which affect the price should not be considered, nor should bids submitted by companies which will not comply with the condition which allows for payment within 45 days, which leaves four companies which can still be considered for award, namely:- Fundy Energy Ltd., Irving Oil Ltd., Park Fuels Reg'd., and Parkway Mercury Sales. The letter refers to low bids meeting specifications and advises that Irving Oil Ltd. is low on items 1, 2, 4, 5 and 7, Park Fuels Reg'd. is low on item 3 and Fundy Energy Ltd. is low on item 6, which results in a total cost to the City for the estimated quantities of $1,535,887.75, ,however Irving Oil ltd. has included a condition in its tender which states that the discount quoted on items ,1, 2, 3, 6 and 7 is based upon Irving Oil supplying the total requirements as outlined. The letter presents the following three options for Council's consideration:- (1) that the business be divided in the following manner - items l, 2 and 6, as indicated on the submitted bid summary, be awarded to Fundy Energy Ltd., items 3 and 7 be awarded to Park Fuels Reg'd., and items 4 and 5 be awarded to Irving Oil Ltd., at a total cost of $1,542,524.25; (2) that the total contract be awarded to Irving Oil Ltd. at a total cost of $1,566,707.75; and (3) that Irving Oil Ltd. be asked to remove its condition that it m~st receive the total requirements of items 1, 2, 3, 6 and 7, which would make this company an acceptable alternative on items 1, 2 and 7, such option being included for information purposes only and not recommended as price negotiation after tenders have been opened is not an acceptable practice in the public tendering process. The letter recommends that Council accept option (1), however due to the fact that the local refinery is operating well below normal capacity, Council may wish to overrule staff's recommendation and award all items to Irving Oil Ltd., as per option I I ... ~ JlI"'" ,,~Jd (2), which would be $24,183.50 or 1.55% higher than the recommended low bids. On motion of Councillor Knibb ... Seconded by Councillor Flewwelling RESOLVED that the total contract for supplying the City's gasoline and oil requirements from May 1, 1984 to April 30, 1985, be awarded to Irving Oil Ltd., at a total cost of $l,566,707.75. Councillor Knibb, in proposing the above motion, noted that this company is a local refinery which provides employment to the community. I (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) Councillor Murray asked why option 3, if not recommended by staff, is included in the above letter to which Mr. McDermott noted that it is included as a possibility and that negotiations were carried out during the award of the tender two years ago, however in 1983 the price differential was approximately 15% and negotiations were not pursued. Councillor Gould expressed opposition to the above motion on the basis that it represents an additional cost of $24,183.50. I Question being taken, the motion was lost with the Mayor and Councillors Davis, Gould, Poley and Vaughan voting "nay". On motion of Councillor Gould Seconded by Councillor Poley RESOLVED that option (1) above be adopted. A brief discussion ensued with respect to the condition included in the Irving Oil Ltd. tender as outlined in the above letter. ... Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Flewwelling, Knibb and Murray voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the contract for supplying the City's gasoline and oil requirements from May 1, 1984 to April 30, 1985, be awarded to the low tenderers on each item as indicated on the submitted bid summary in the total amount of $1,535,887.75. Councillor Knibb, in proposing the above motion, suggested that, if Irving Oil Ltd. reacts to the above motion by withdrawing the special discount price as indicated, the City Manager should report to Council at its next meeting. Deputy Mayor Davis expressed opposition to the above motion on the basis that it suggests that negotiations will be carried out which is contrary to the City's tendering policy. I Question being taken, the motion was carried with Councillors Davis, Murray and Poley voting "nay". (Councillor Schermerhorn re-entered the meeting.) Consideration was given to a letter from the City Solicitor submitting a proposed amendment to the Saint John City' Pension Act in order that the retired employees would have a representative on the Board of Trustees, which was considered by Council at its April 16, 1984 meeting, expressing the opinion that it is not necessary for The City of Saint John Retired Members Association to be formally constituted and noting that the Pension Act presently recognizes the right of the non-union employees, who do not constitute a legal entity, to have one of their members on the Board of Trustees. On motion of Councillor,Vaughan ... Seconded by Councillor Knibb RESOLVED that the necessary steps be taken to have the Saint John City Pension Act amended by adding a new sub-paragraph (k) to Section 3(2) to read "One member to be appointed annually by The City of Saint John Retired Members Association.". Mr. Rodgers noted that Common Council resolution of April 16, 1984 regarding the above matter is two-fold in that it referred the matter to the Board of Trustees of the Civic Employees' Pension Plan for input and the Mayor suggested that a tabling motion is in order pending receipt of such report. On motion of Councillor Poley I Seconded by Councillor Gould RESOLVED that the above matter be laid on the table pending the anticipated report from the Board of Trustees of the Civic Employees' Pension Plan. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Solicitor, the Mayor and Common Clerk be authorized to execute a Quit Claim Deed from the City of Saint John to Connors Bros., Limited with respect to a parcel of land located on Fairville Boulevard. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. William Oliver have been completed and that the reQuired waiting period for objections expired on April 18, 1984 with no written objections having been received. ... On motion of Councillor Knibb Seconded by Councillor Schermerhorn ~ESQLVED that the application Of ~. William Oliver for a Municipal Plan amendment and re-zoning of property at 113 Adelaide street 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 May 28, 1984. ... , ~ ;~jl3 o Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, April 16th, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- I 1. That a grant in the amount of $500.00 be approved to the District 20 Band which won the Intermediate competition at the recent Jazz Festival held in Saint John, such grant to assist the Band in competing in the National Festival to be held in Toronto, Ontario on May 16th to 20th, 1984. 22, That as recommended by the City Manager, authority be granted for the acquisition of 2,136 m (22,992 square feet) of land required for construction of the North/South Arterial Highway (shown as "Part A" on the submitted plan No.1) from the Crescent Valley Community Church, for a total price of $40,000 and the following considerations: (a) during construction of the new road, a catch basin will be placed along the eastern property line as shown on the submitted Plan 2; (b) during construction of the new road, the City will construct two driveways at the locations shown on the submitted Plan 2, such construction to involve dropping the curb and paving the apron for a distance of six feet which is the common practise; and (c) a release will be executed by the Church and delivered to the City of any and all claims or demands which they may now or in the future have, arising from the construction and use of the North/South Arterial Highway as shown on the Somerset- Churchill Intersection Layout Plan prepared by C.B.C. Limited and known as drawing No. 10. I 3. That the following recommendations of the City Manager be adopted, namely:- (a) that the building located at 137 Bayside Drive, formerly the Simonds Parish Hall, be advertised for sale through the multiple listing service at a price to be established'by the Property Management Branch, such building being surplus to the City's needs; ... (b) that the building located at 483 Lancaster Avenue, formerly the Beaconsfield Fire Station, be advertised for sale; (c) that' property on Pokiok Road, known as the Baler Building, be advertised for:'sale; (d) that the former City Hall building located at 118 Prince William Street be again offered for sale, subject to a specific proposal for its redevelopment; (e) that the Murphy building, located at 158 Prince William Street, be offered for sale, subject to a specific proposal for development; and I (f) that the Brodie building, located at 42 Princess Street, be advettised for sale to ascertain possible interest; that vacant space in the said building be advertised for rental; and that the cost of replacing the windows on the Princess Street' frontage of the building be determined. Saint John, N.B. 24th April, 1984 (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. ... Question being taken, the motion was carried. (Councillor Murray withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. I Question being taken, the motion was carried with Councillors Gould, Poley and Vaughan voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I (Councillor Murray re-entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Historic Sites and Events Com~ mittee regarding the proposed development of Partridge Island as a historic site and major tourist attraction, urging Common Council to initiate the desired action to insure that the Historic Sites and Monuments Board is made fully aware of such project and that this Board is fully informed of the impor- ~ tance of this site during the visit of this Board to Saint John and/or Moncton in June -- be received .., and filed and Common Council take action to insure that the Historic Sites and Monuments Board is made fully aware of the said project and the importance of same during this Board's visit to Saint John and/ or Moncton in June. ~ ".. . '~:ga Question being taken, the motion was carried. ... Consideration was given to a letter from Mr. A. Kelly regarding his previous request for correction of a flooding problem on his property at 28 Rockcliff Street, which was considered by Council at its meeting of October 24, 1983, advising that, although this matter was to be looked into, he has yet to have anybody contact him in this regard, and stating that, if this problem goes to the courts, he will be entering damages. Councillor Schermerhorn expressed the understanding that the above matter has been included in the 1984 Capital Budget and, if this is the case, Mr. Kelly should be so advised. Mr. Armstrong advised that, to his knowledge, this project is not included in the Capital Budget and he added that there are legalities involved and that a report could be submitted to Council at its next meeting. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. A. Kelly regarding his previous request for correction of a flooding problem on his property at 28 Rockcliff Street be referred to the City Manager and Legal Department for a full report at Council's next meeting. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. William Gessell requesting to purchase a ten-foot strip of property adjoining lot number 72-41 on Mark Drive to better enable him to construct and landscape a single-family dwelling on the said lot -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as requested by the Lower Cove Housing Co-operative, a grant be approved to assist in the payment of outstanding water and sewerage and demolition charges for the following properties which are currently being renovated by this group, namely:-(l) 11-13 Harding Street - $1,361.28; (2) 15-17 Harding Street - $3,300.00; and (3) 280-290 Prince William Street - $1,333.26, in accordance with Council's recently-adopted policy in this regard. Mr. Rodgers, replying to a query of Councillor Knibb, advised that he will review the above matter to determine if any actions are outstanding on the subject properties. Mr. McDermott read the policy adopted by Council on March 26, 1984 with respect to grants of this nature. The Mayor requested that the City Solicitor determine if action can be taken subsequent to transfer of the above properties to collect the outstanding charges upon completion of a title search. I Question being taken, the motion was carried. Read a letter from Baton New Brunswick Inc.' requesting financial assistance with respect to the second Provincial Competitions for Majorettes to be held on June 23 and 24, 1984 in Rogersville, N.B. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that the above matter be referred to the grants committee, however this motion was withdrawn following Councillor Knibb's observation that, as this request does not fall within the guidelines, it should be denied with regret. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that the request of Baton New Brunswick Inc. for financial assistance with respect to the second Provincial Competitions for Majorettes to be held on June 23 and 24, 1984 in Rogersville, N.B., be denied with regret. Question being taken, the motion was carried. Councillor Schermerhorn referred to the report of the Saint John Annual Santa Claus Parade Committee and commended Mary A. Durning, Chairman of this Committee, and the other Committee members for their efforts in organizing this event and he expressed the opinion that it is a credit to this Committee to be able to be self-sufficient with respect to funding the Santa Claus Parade. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the report of the Saint John Annual Santa Claus Parade Committee be received and filed and the members of this Committee be thanked for their efforts in this regard Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. ... Yk~!1;j::I~ ... 24\0 ~ At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ~~irtieth day ~f April A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. ~odgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; P. Clark, Fire Chief; C. Breen, Acting Chief of Police; M. Hanlon,. Purchasing Agent; J. Brownell, Assistant Director of Recreation; B. Steeves, Deputy Building Inspector; W. D. Todd, Executive Director of Housing; Miss B. Knox, Mayor's Office; and Miss M. Conley, 'Administrative Assistant to the Mayor. Reverend Mark Dail, Minister of Music at Fore.st Hills United Baptist Church, offered the opening prayer. The Mayor welcomed to the Council Chamber members of the First Forest Hills Girl Guide Company, who are working toward their citizenship badge, and briefly explained the Council meeting procedures. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on April 24, 1984, be adopted. Question being taken, the motion was carried. The Mayor commented on a recent item in the local newspaper pertaining to the Admiral Beatty Hotel and the allocation of Federal funding in the amount of $25,000.00 to a group of citizens to determine the feasibility of utilizing this building as a housing complex for senior citizens and adults with grown children. Her Worship the Mayor commented on her attendance on April 28, 1984 at the fiftieth anniversary celebration of the Kinsmen Club of Saint John and she commended the members of the Kinsmen Club, as well as those in other service clubs, ~or their community service work. Her Worship the Mayor noted that Council members have been invited to attend several Bicentennial exhibits, including a Living Loyalist Museum at the Glen Falls School, a project entitled "Millidgeville Over A Hundred Years Proud" at M. Gerald Teed Memorial School, as well to attend the Saint John.'International Hostel open ,house. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to increase the maximum size of projecting or freestanding signs in liB-I" Local Business and "BRtI Business Residential zones from 4.5 square metres to 6.0 square metres, which would,. in effect, permit the placement of mobile signs in these zones, providing that other regulations have been met, and that no written objections have been received. No persons were present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending the above-proposed amendment. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns increasing the maximum size of projecting or freestanding signs in "E-I" Local Business and "BR" Business Residential zones from 4.5 square metres to 6.0 square metres, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns increasing the maximum size of projecting or freestanding signs in liB-I" Local Business and "BR" Business Residential zones from 4.5 square metres to 6.0 square metres, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. ... I I ... I ... I I ... ...4 ,..... ~~1 Public presentation was made of a proposed Municipal Plan amendment to redesignate two lots located on the southeastern side of Waterloo Street, known as 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13789 and 13763) from High Density Residential to District Centre Commercial classification to allow re-zoning of the parcels to "B-2" General Business classification so that #100-102 may continue to be used for a funeral home and #86-88 may be used for a parking lot for the funeral home, as requested by Fitzpatrick's Funeral Service Ltd. ... I Public presentation was made of a proposed Municipal Plan amendment to redesignate an irregularly- shaped parcel of land containing 46,692 sq.m (approximately ll! acres) being a portion of L.R.I.S. Number 49809 located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd., as shown on the submitted map, from Low Density Residential to Light Industrial classification, to allow re-zoning of the parcel to "I-l" Light Industrial classification so that it could be used for the storage and parking of construction materials, equipment and vehicles as well as the continued use as a quarry, as requested by Spectrum Enterprises Ltd. Consideration was given to a letter from The Honourable Nancy Clark Teed, Provincial Minister of Social Services, advising that she is prepared to receive a report from, or meet with, the Mayor's Committee on the Dr. William F. Roberts Hospital School up to May 9, 1984 if so desired, and re-iterating the concern expressed in the submitted copy of her letter of April 17, 1984 that any delay on a decision in this matter is creating undue anxiety for staff at the Dr. Roberts Hospital School, who have been working in an environment of rumoured change for a considerable period of time and that parents have been in a questioning frame of mind as well and these situations could also have an effect on the children therein. I Her Worship the Mayor noted that, with respect to an attempt to obtain at least a two-week extension beyond May 2 for the Minister of Social Services to receive a report from the Mayor's Committee regarding the Dr. William F. Roberts Hospital School, an additional week has been given, which could have a bearing on the said Committee's report to Council in view of the Committee's understanding that this report is to be submitted at this time. ... Dr. J. A. MacDougall, Chairman of the Mayor's Committee, addressed Council and noted that, having been advised of the above-noted time extension, this presentation was prepared on that basis and, referring to the public meeting which was held on April 28, 1984, expressed the opinion that, despite the short notice which was given for same, the quality of the presentations at same more than made up for the quantity of presentations made at this meeting. Dr. MacDougall advised that the Committee finds it very difficult to be objective with the bombardment of conflicting news reports, however the Committee expects to submit a final brief on this matter at the next meeting of Common Council. Her Worship the Mayor noted that The Honorable Nancy Clark Teed and representatives of the Department of Social Services will be meeting with the Mayor's Committee on May 1, 1984 and she thanked Dr. MacDougall for his presentation to Council. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Nancy Clark Teed, Provincial Minister of Social Services, regarding the Dr. William F. Roberts Hospital School, be received and filed. Question being taken, the motion was carried. Read a letter from Mayor Wayne regarding the efforts of The Saint John Bicentennial Inc. to have a stamp issued in 1985 commemorating the City's Bicentennial and recommending that the Common Council of the City of Saint John go on record as supporting the efforts of The Saint John Bicentennial Inc. to have a stamp issued in 1985 to commemorate the City's Bicentennial, and further that a letter be forwarded to Mr. Rene J. Marin, Chairman of the Board of Canada Post Corporation, stating the fact that the City of Saint John was issued a Royal Charter in 1785 making this City Canada's First Incorporated City and that Common Council supports the efforts of The Saint John Bicentennial Inc. in having a stamp issued to commemorate the City's Bicentennial. On motion of Councillor Knibb ... Seconded by Councillor A. Vincent RESOLVED that the Common Council of the City of Saint John go on record as supporting the efforts of The Saint John Bicentennial Inc. to have the Federal Government issue a stamp commemorating the City's Bicentennial Year of 1985. The Mayor concurred with the suggestion of Councillor M. Vincent that a stronger approach may be required to accomplish the above matter and advised her intent to contact both Mike Landers, M.P., and The Honourable Romeo LeBlanc in this regard. I Question being taken, the motion was carried. The Mayor advised that the item concerning payment of invoices has been withdrawn for one week. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of Gill Equipment Ltd., in the amount of $50,400.00 plus tax, be accepted for supplying one JCB 3D loader backhoe to the City of Saint John. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of various pieces of motorized equipment be awarded in accordance with the recommendations contained in the submitted bid summaries. ... Councillor Flewwelling referred to the reference in the City Manager's letter regarding the above matter to the axle ratio being faster than specified by the City in the low tender for one sedan and asked who on staff would have the expertise to determine what, if any, difference it would make to purchase a standard-type car used by most citizens and also why such a specification would be part of this tender. Mr. Hanlon replied that the subject tender specifications were prepared in accordance with the Fire Department's requirements and that, based on his discussion with City mechanics, the axle ratio specified is available .... :ll~2; "'lIIIl Mr. Roly MacIntyre addressed Council on behalf of the East Suburban Little League concerning the recent implementation of user fees for youth on fully-serviced fields and explained the effect of such implementation in East Saint John where there is no other City-owned senior little league field on which this League can play, therefore there is no choice for this particular League but to use the one in question. Mr. MacIntyre noted that the East Suburban Little League became aware of the implementation of such user fees following approval by Common Council and that, although this policy has a major impact on this League as well as on all such leagues in the City, there was no prior consultation with such groups nor were they given an opportunity to present their views or to make alternate arrangements with ,regard to a matter which was included in the City's budget but not in the budget of these leagues. Mr. MacIntyre noted that, for the first time in years, the City will have a much-improved and much-expanded midget and juvenile program, both of which need to play 'on fully-serviced fields and expressed the opinion that it is better for youth to be playing ball than to be loitering and that they should be encouraged to play ball without the implementation of user fees as this new policy, which forces groups to pay, is retrogressive for sports in Saint John. Mr. MacIntyre noted that the Recreation and Parks Advisory Board was opposed to such user fees and he requested Common Council to reverse its policy concerning user fees for all youth groups, however, if this policy cannot be reversed, at least to refer it to staff in the Recreation and Parks Department in order that those persons in the community concerned can at least express their views on such matter. During ensuing discussion, Mr. MacIntyre clarified that the field in question was constructed for the use of senior little league and that it was upgraded to a fully-serviced field for use in the 1985 Canada Summer Games and he noted that, although lights have been installed on this field, senior little league does not need same as it normally does not play after' daylight hours. Mr. MacIntyre added that East Suburban Little League is scheduled to use in 1984, as in the past three years, the field concerned and that it was upgraded to a fully-serviced standard in the interim and he is aware of no other area in the City where a senior little league team, which is for 13 to 15 year-old youth, does not have a choice of fields on which to play. Deputy Mayor Davis expressed the opinion that there is merit in charging youth groups for use of such fields as it impresses upon them the fact that they too have an interest in such fields and that the City is aware that the amount of revenue to be derived from the implementation of such user fees is secondary to this as far as he is concerned. Discussion continued during which time Councillor Murray re-iterated that removal of this user fee could set a precedent for other sports groups to make the same request and suggested that Council could consider a grant to assist in offsetting such user fee charge, and Mr. MacIntyre suggested that concerned persons in the community be charged with certain responsibilities to assist in maintaining such fields rather than be charged a user fee. The Mayor thanked Mr. MacIntyre for his presentation. Mr. Robert Wisted addressed Council on behalf of East Saint John Federation Minor Baseball League regarding the implementation of user fields to youth groups using fully-serviced fields and expressed the opinion that the whole concept of user fees should be reviewed more closely and suggested that for 1984 the fees be rescinded and a committee be established immediately, such committee to be composed of persons interested in sports and the community and representatives of the Recreation and Parks Department, to study this matter. Mr. Wisted added that such committee may be able to reach agreement with respect to a trade-off system with City workers as it is his understanding that City staff is required to work overtime to maintain such fields. Mr. Wisted added that, in his opinion, user fees for 16-year old persons and down should be eliminated and that, as this Federation is finding it difficult to meet its financial obligations, the imposition of, such fee on even one field would pose a hardship. Councillor Murray asked if Mr. Wisted is suggesting that the matter of user fees should be reviewed for all sports or only for baseball to which Mr. Wisted replied that, although the matter of baseball could be reviewed first, it might be feasible to look into the whole situation prior to the 1985 Canada Summer Games. Councillor Murray suggested that the whole element of sports throughout the City should be reviewed particularly with respect to any financial support that may be available through the City and the other levels of government. The Mayor thanked Mr. Wisted for his presentation to Counc i1. On motion of Councillor Knibb I I ... I ... Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the contract for electrical renovations at the Reversing Falls Tourist Bureau-Theatre be awarded to Norman W. Francis Ltd., at the tendered price of $8,989.00, being the lowest tender meeting specifi_ cations, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Councillor Schermerhorn noted that the tenderer being recommended for acceptance is approximately $2,400.00 higher than that submitted by the lowest tenderer and the Mayor advised that she discussed with the City Solicitor her concern with respect to the lack of clarity on the form of tender, division 3 with respect to what is to accompany tender submissions. Mr. Rodgers expressed the understanding, based on his discussions with the City Manager and Assistant City Manager, that further detailed instructions accompanied the form of tender which clarified what was required, therefore he is satisfied that the above recommendation is valid and that it would be difficult to waive the matters which need to be waived in order to award the tender to the low tenderer. Discus- I sion ensued regarding the nature of the additional instructions and Councillor Schermerhorn suggested that companies should inquire of staff to obtain clarification of items not understood on tender forms prior to submission of same. Mr. McDermott, in response to a query of Councillor Knibb, noted that the question appears to be whether or not the tenders of Sheffar Electric Ltd. and Bob Jeffrey Electrical are in order and suggested that, should Council wish, this matter could be tabled pending a report on same. The Mayor alluded to problems experienced with the Norman W. Francis company while previously engaged to perform work at the Reversing Falls Tourist Bureau and requested that Council table this matter pending a review of a report, a copy of which she received from the Assistant City Manager, in this regard. Councillor" Knibb questioned the urgency of awarding the above tender to which Mr. Armstrong replied that the awarding of same is quite critical in view of the fact that other work on this building is being delayed pending completion of the electrical ... work. The Mayor, in reply to a query of Councillor Murray, advised that the Mayor's Committee which is reviewing the City's tendering procedure expects to report within the next two weeks. ~ ,... _'.~~3 " . On motion of Councillor Flewwelling ... Seconded by Councillor Vaughan RESOLVED that the above matter be laid on the table for one week. Councillor A. Vincent asked who is serving on the above-mentio~ed Mayor's Committee and requested a copy of the resolution approving such committee's establishment. Question being taken, the tabling motion was carried with Councillors Knibb, Murray, A. Vincent and M. Vincent voting "nay". I Councillor M. Vincent proposed a motion, which was seconded by Councillor Vaughan, that Common Council resolution of March 26, 1984 adopting the 1984 fees and charges for primary and secondary sportsfields be rescinded and that the matter be referred to the grants committee with the City Manager, in conjunction with the proper department, to meet with Messrs. R. Wisted and R. MacIntyre to discuss in more detail the matters broached earlier in this meeting. The Mayor asked that, in future when such changes are being contemplated, meetings be held with persons concerned to obtain input regarding same. Councillor Murray suggested that, rather than rescind the Common Council resolution, this matter should be referred to the grants committee following which the two leagues concerned can apply for a grant with a decision to be made by such committee as to whether or not a grant should be awarded this year because of the nature of the problem. I On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that, with respect to the presentations of Messrs. R. MacIntyre and R. Wisted regarding the implementation of user fees on fully-serviced fields, this matter be referred to the grants committee and that the City Manager and appropriate staff meet with Messrs. McIntyre and Wisted in this regard. Question being taken, the motion was carried. ... ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tenderer, namely, Maritime Sod Ltd. of Saint John, N.B., be awarded the contract for the landscaping of the little league field at Champlain Heights for the sum of $27,455.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. (Deputy Mayor Davis withdrew from the meeting.) I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the tender for gasoline and oil, which was awarded at Council's last meeting, advising that Irving Oil Limited has confirmed, as indicated in the submitted ,letter, that the condition with regard to discount prices will be waived -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the property at 61 Manners Sutton Road be sold to David M. Lunney, for the tendered price of $40,653.00, under the following terms and conditions:- (l)(a) that Mr. Lunney will, within 6 months of the public Common Council meeting at which this tender is accepted, have the restrictive covenant removed from the deed at his expense; (b) that title will be transferred within 30 days of notification by Mr. Lunney that the restriction has been removed and full payment will be due at this time; (c) that, if the restrictive covenant cannot be removed within the specified 6-month period, the period may be extended by Common Council based on a presenta~ tion by Mr. Lunney showing what steps have been taken to clear the title and, if the period is not extended, the transfer will not take place and Mr. Lunney's deposit will be returned; (d) that, if development of the lot is not completed within 12 months of the transfer of title, the City may reacquire the property for the tendered amount, and (e) that the property must be developed in accordance with all Zoning By-Law and Building Codes applicable to this district; (2) that all unsuccessful bidders have their deposits returned immediately; and (3) that the Mayor and Common Clerk be authorized to sign any and all documents required to complete the transaction. I Councillor A. Vincent suggested that there should be a penalty if the property is not developed within the time specified. (Deputy Mayor Davis re-entered the meeting.) I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the lot of land on Ridge Rowand Island View Drive, which was advertised for sale and on which no tenders were received, be added to the list of City properties not required for City use and that staff be authorized to negotiate the sale of same with any interested parties. Question being taken, the motion was carried. ... ..... ~~q} .., On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $40,000.00 for the guarantee of rehabilitation of the gravel pit on Sand Cove Road, which is owned by Chittick's (1962) Ltd; Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager regarding the request of Marquis & Faloon, solicitors, for the City to waive the condition in Common Council resolutions of 1973 and 1974 whereby the conveyance of land on Kiwanis Court to the Saint John Centre for Services to Handicapped Inc. was subject to the condition that "so long as the lands are used only for the purpose for which the said company was incorporated"; noting that the Centre has been in operation on this site in the Kiwanis Vocational Training Centre for approximately ten years and has provided a wide range of services to handicapped persons; also noting that the Centre may not be able to obtain a mortgage to carry out a proposed expansion unless the title to the subject property is clear; and recommending that the request of Saint John Centre for Services to the Handicapped Inc. for a clear title be granted -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. The Mayor suggested that, as the item concerning a draft program for Loyalist Day on May 18 is not available, it will be necessary to table this matter for one week. Councillor Flewwelling, Council liaison to Loyalist Days Inc., advised that this group has requested that this matter be delayed pending discussion with the City Manager. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the letter from the City Solicitor regarding the grant, which was approved by Council at its last meeting in accordance with a policy adopted on March 26, 1984, to Lower Cove Housing Co-operative Ltd. in an amount equal to the total of outstanding water rates with regard to property at 11-13 Harding and 280-290 Prince William Streets and outstanding demolition charges respecting property at 15-17 Harding Street, with the Co-op to deliver a cheque for a similar amount to the City in full payment of such debts, expressing the opinion that this procedure would prevent the City from collecting the debts from the persons responsible for same as the City could not sue again for debts which have already been paid, and recommending that the City meet the Co-op's request, which he understands is to be able to hold these properties free of any lien rights which the City might now have against same for such charges, and also retain to itself the right to sue the persons responsible for these debts by authorizing the execution of a release in favour of the Co-op to any lien rights which the City might have against these properties pursuant to either Section 189 of the Municipalities Act or the provisions of the 1925 Building Act -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to third reading of a proposed Plumbing By-Law amendment regarding licensing and permit fees, which was given first and second readings at Council's meeting of February 13, with third reading having been tabled at Council's April 16 meeting pending a meeting with the Master Plumbers of the City of Saint John. Consideration was also given to a letter from the Master Plumbers of the City of Saint John expressing agreement with the restructuring of the fee schedule as follows:- $100.00 for a Master Plumbers licence, $10.00 for a plumbing permit, $3.00 per plumbing fixture in 1985 and $4.00 per plumbing fixture in 1986, and questioning the validity of increasing rates, while recognizing the City's need to generate revenue to offset the cost of providing plumbing inspection services. The letter states that the proposed plumbing code review commattee, which was suggested by the Saint John Mechanical Contractors Employers Association Inc., is an acceptable concept that this group will actively pursue, however, if the level of service provided by the Plumbing Inspector is diversified by requiring plumbing inspectors to inspect sprinkler systems, plumbing contractors may have to wait to have their work inspected which could cause delays and increased costs to customers, therefore this group cannot support any measure that may result in a decreased level of inspection services. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By- Law Respecting The Plumbing Trade And Master Plumbers", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, . "A By-Law To Amend A By-Law Respecting The Plumbing Trade And Master Plumbers", was read in its entirety. Discussion ensued regarding the reference in the above letter from the Master Plumbers regarding the inspection of sprinkler systems and the Mayor suggested that the City Manager should discuss this matter with the Plumbing Inspector. (Councillor Vaughan withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". ... I I ... I ... I I ... ..olIIl II"" '6tH~ On motion of Councillor Flewwelling ... Seconded by Councillor Knibb RESOLVED that the letter from the Master Plumbers of the City of Saint John regarding the proposed Plumbing By-Law amendment with respect to licensing and permit fees, be received and filed. (Councillor Vaughan re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor A. Vincent I Seconded by Councillor Knibb RESOLVED that an item regarding additional funding for Market Square, which was considered by Council in Commattee of the Whole earlier this date, be added to the agenda for consideration at this time. Question being taken, the motion was carried. I The Mayor noted the presence in the Council Chamber of Mr. T. McGloan, Chairman of The Market Square Corporation, and suggested that he be invited to address Council at this time. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Mr. T. McGloan be invited to address Council at this time. Question being taken, the motion was carried. ... Mr. McGloan addressed Council and noted that he is requesting, on behalf of the other two levels of government, Council's concurrence with a proposal for additional funding to complete the Market Square project and to resolve the large numter of outstanding issues that have transpired over the past three years of construction. Mr. McGloan also noted that the current cost of Phase I of the Market Square project, which was originally estimated at approximately $71 million, is approximately $103 million, such increase being attributed mainly to a number of refinements made to the design of the project which enhanced its overall liability, which include the additional number of rooms and the service area of the Hilton International Saint John, the increased capacity insofar as kitchen and storage facilities are concerned of the Trade and Convention Centre, as well as unprecedented interest rates and inflation during construction. Mr. McGloan advised that, in response, to such increased cost and improvements to the project, the Government of Canada and Province of New Brunswick have agreed to contribute $11 million to assist in defraying additional costs and some of the outstanding claims and, in order to conclude such agreement, the City of Saint 'John is being requested to contribute an additional $1.5 millio~eta~d that with this additional funding Phase I of the Market Square project will be essentially/Igm~uneet984 with the opening of the Hilton International Saint John. Mr. McGloan also advised that, in addition to this $12.5 million, there has been agreement on various operational aspects of the Market Square leases which will greatly benefit the City of Saint John and this will ensure that the City will be able to fulfill its financial obligations to Market Square. Mr. McGloan commented briefly on the economic benefits to the community with the completion of Phase I of this project and re-iterated his request, on behalf of the other two lev~ls of government, for Common Council to concur in its contribution of an additional $1.5 million for the completion of this project. I Discussion ensued during which time Mr. McGloan commented briefly on negotiations regarding depreciation and operating expenses which will mean substantial benefits and monetary savings to the City which have been negotiated into the agreement. Her Worship the Mayor thanked Mr. McGloan for his address and commended the members of The Market Square Corporation for their efforts. in these negotiations. On motion of Councillor A. Vincent ... Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the City's contribution of $1.5 million towards the final settlement proposal of $12.5 million with respect to Market Square, and further that the Mayor and Common Clerk be authorized to execute the Additional Governmental Contribution Agreement, subject to the approval of the City Solicitor as to legality and, form. Question being taken, the motion was carried with Councillor Vaughan voting "nay". On motion of Councillor Knibb I Seconded by Transit Commission be in this regard. Councillor Schermerhorn RESOLVED that the 1983 Annual Report of the Saint John received and filed and the members of this Commission be commended for their efforts I Councillor Flewwelling suggested that the above Commission be encouraged to establish free parking areas at the junction of .the MacKay Highway, and Rothesay Avenue and at the junction of the Martinon cutoff, Gault and Manawagonish Roads, which would encourage more persons to utilize the transit service as they could park their vehicles at such areas and continue into the City via bus. Councillor Murray requested a report from the City Manager explaining the breakdown of the miscellaneous total for 1983 as the approximate amount of $130,000.00 included therein appears to be excessive to be categorized as miscellaneous. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the 1983 Report regarding the Market Square Parking Garage, which was prepared by The Market Square Corporation, be received and filed and Council express its appreciation to the members of The Market Square Corporation. .... 24~ ,., Councillor Murray questioned what arrangement has been made with Hilton International Saint John for parking in the above facility to which Mr. McGloan advised that this matter is currently under discussion. Question being taken, the motion was carried. ... Consideration was given to a letter from the Board of Trustees of the Civic Employees' Pension Plan regarding the request of The City of Saint John Retired Members Association for repre"", sentation on the Board of Trustees, which was considered by Council at its meetings of April 16 and 24, 1984, recommending that Common Council approve the preparation of a Bill for presentation at the current session of the New Brunswick Legislature to amend the Pension Act to provide for a representative of The City of Saint John Retired Members Association to the Board of Trustees with full voting power, provided that the Association represents at least 51% of retired employees. Consideration was also given to a previous letter from the City Solicitor, which was tabled at Council's last meeting pending the above report from the Pension Board. I Councillor Schermerhorn noted that the Board of Trustees recommendation varies from that of the City Solicitor and he suggested that this matter should be referred to the City Solicitor for redrafting to include the qualification as indicated by this Board that The City of Saint John Retired Members Association represent at least 51% of retired employees to which Mr. Rodgers advised that this can be included in Council's resolution at this time. On motion of Councillor Schermerhorn I Seconded by Councillor A. Vincent RESOLVED that Common Council approve the preparation of a Bill for presentation at the current session of the New Brunswick Legislature to amend the Pension Act to provide for a representative of The City of Saint John Retired Members Association on the Board of Trustees of the Civic Employees' Pension Plan with full voting power, provided that the Association represents at least 51% of retired employees. Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr's. Betty Martin offering to sell property at 337 Main Street, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Ralph J. Broderick, solicitor for Mr. Thomas J. McGrath, requesting that staff in the Property Management Branch be instructed to I enter into negotiations with respect to the possible sale to the City of property owned by Mr. McGrath on Second Loch Lomond Lake -- be referred to the City Solicitor for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mrs. R. B. Chetley requesting to purchase the fire lane adjacent to her property at 929 Dever Road -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that the letter from a parking ticket received for being fifteen minutes overtime at a meter on advising that he will need to have a very good reason to buy or try to buy again -- be received and filed. Mr. D. Cerry referring to Princess Street and in uptown Saint John Question being taken, the motion was carried. Consideration was given to a letter from United Transportation Union, Local #1217 of Saint John, regarding the re-establishment of rail passenger service from Saint John to Montreal, P.Q. I The Mayor requested that the above letter be referred to the Senate Standing Committee on Transport and Communications and she noted that the City has forwarded a brief to this Committee. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from United Transportation I Union, Local #1217 of Saint John, expressing appreciation for the effort of the City and the Transport 2000 commattee toward the re-establishment of rail passenger service from Saint John direct to Montreal, P.Q., through the State of Maine, U.S.A., and pledging its support to this cause in any way possible -- be received and referred to the Senate Standing Commattee on Transport and Communications. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the letter from Rocmaura Inc. referring to ... the recent increase in ambulance rates and noting that the thirty-six residents in this nursing home are not subsidized the full charge of $120.00, requesting that some consideration be given to all senior citizens in nursing homes who are forced to use ambulance service and recommending that they not be charged more than the $45.00 which the Department of Social Services is willing to pay for their clients -- be referred to the City Manager for a report and recommendation. ~ ,... ~Jd1 Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn that the Club for Dufferin Seconded by Councillor Knibb RESOLVED that the notices from the Liquor Licensing Board advising applications of Brunswick Square Ltd., Sydney Castle Limited and Thistle-St. Andrews Curling entertainment licenses with respect to premises at 39 King Street, 134 Sydney Street and 49 Avenue, will be heard on May 3, 1984 -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I VA,Af ,[,f ~d/ Common Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Friday, the fourth day of May, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor ... Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; and D. Wilson, Commissioner of Finance. The Mayor advised that the purpose of this meeting is to consider a date on which Mr. J. Claude MacKinnon will be requested to appear for a hearing to respond to alleged misconduct in office. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that a hearing be held in Committee of the Whole on Friday, June 1st, 1984 at 9 o'clock a.m. in the Council Chamber, City Hall, to consider the status in office of J. Claude MacKinnon as Commissioner of Engineering and Works of the City of Saint John: AND FURTHER that J. Claude MacKinnon be requested to attend the said hearing to make any responses he wishes to make. Councillor Murray asked if the proposed hearing is to be private to which the Mayor replied in the affirmative. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. YJ;Mf,~2l~~d I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of May, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Schermerhorn, Vaughan and M. Vincent I - and - ... Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; P. Clark, Fire Chief; C. Breen, Acting Chief of Police; C.E.Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; B. Steeves, Deputy Building Inspector; W. D. Todd, Executive Director of Housing; R. Adams, Property Management Branch; J.Adam, Data Processing Manager; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; Miss B. Knox, Mayor's Office; and Miss M. Conley, Administrative Assistant to the Mayor. ~ ~48 ~ The meeting opened with the reciting of The Lord's Prayer. Her Worship the Mayor extended a message of sympathy to the family of the late Mr. E. A. Trites, who passed away on May 6, 1984, and noted that the late Mr. Trites was the driving force ... behind the City's success in winning the bid to sponsor the 1985 Canada Summer Games, and had served as Chairman of the Board of Governors of The Saint John 1985 Canada Summer Games Society, Inc., as well as on the Board of Directors of the Society. On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that a letter 'of condolence be forwarded to the family of the late E. A. Trites. Question being taken, the motion was carried. Her Worship the Mayor commented on the forthcoming and the various challenges which have been made by groups in in the community can participate in this event. Great Participaction Day of May 16, 1984 the City and she explained how persons The Mayor read two proclamations, one proclaiming May 1984 as Salvation Army month in the City of Saint John and urged all citizens to support this group's Red Shield Appeal which directly benefits less fortunate citizens, and the other proclaiming the week of May 14, 1984 as Hospice Week in the City of Saint John to officially introduce The Hospice of Saint John Inc. which is dedicated to the improvement of the terminally ill patients and their families. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of the Common Council, held on April 30, 1984, be adopted. Question being taken, the motion was carried. Councillor Knibb referred to Councillor A. Vincent's query at Council's last meeting regarding the establishment of a committee to review the City's tendering procedures and questioned the status of this committee to which the Mayor replied that she was authorized by Council to establish such committee which is expected to report at Council's next meeting. (Councillor Gould entered the meeting.) Councillor Knibb noted that, although the draft program for Loyalist Day on May 18 was tabled at Council's last meeting due to the unavailability of the report on same, it is not included on this agenda for discussion to which the Mayor replied that Councillor Flewwelling, Council liaison to Loyalist Days Inc., will address Council in this regard whereupon Councillor Flewwelling advised Council of the program planned for the celebration of Loyalist Day. Her Worship the Mayor noted the presence in the Council Chamber of Dr. J. A. MacDougall, Chairman of the Mayor's Committee regarding the Dr. William F. Roberts Hospital School, and requested a motion to invite Dr. MacDougall to present this Committee's report to Council at this time. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Dr. J. A. MacDougall be invited to address Council at this time. Question being taken, the motion was carried. Dr. J. A. MacDougall addressed Council and, reading from a prepared report (copies of which were distributed to Council members earlier this date), explained the purpose of the establishment of the Dr. William F. Roberts Hospital School and the results of studies performed on the operation of same, as well as the results of the public hearing held by this Committee and the meeting with The Honourable Nancy Clark Teed, Minister of Social Services, regarding this Hospital School. Dr. MacDougall made the following recommendations on behalf of the Mayor's Committee, namely:- (1) that a strong community-based board be established to be responsible for the provision of necessary services for developmentally-delayed or handicapped children; (2) that there be a firming up of the programs for children with special needs within this Hospital School; (3) that, for the the next three years, the Departments of Social Service, Education, Justice, and Health allocate increased funds for community- based services; (4) that, in keeping with the necessity for a diagonistic and treatment facility, a Francophone unit be set up in the northern part of the Province; (5) that, as community services are set up to handle the children discharged from the Hospital School, two new groups presently in need of the service be admitted for assessment and/or treatment, namely, children requiring closed custody and children identified through the juvenile court system who do not require a containment model but for whom services are not elsewhere available; (6) that, since the primary problems of many of the children in this Hopital School are educational, there be a heavy involvement of educational services and a public commitment on the part of government for the necessary funding for programs; and (7) that the Office of Government Reform examine the relationships between the Departments of Social Services, Health, Education and Justice in providing services to mentally retarded and emotionally disturbed children. The Mayor thanked Dr. MacDougall and the members of the Mayor's, Committee for their report and suggested that Council should immediately forward a copy of same to the Premier of New Brunswick and to the Minister of Social Services. Councillor Flewwelling asked if Dr. MacDougall considers the consultant team's criticisms of the Dr. William F. Roberts Hospital to be justified to which Dr. MacDougall replied that the Committee members do not have the expertise to make such judgment, however, in his opinion, the Minister of Social Services should be held responsible and made accountable for such criticisms, if justified. Discussion continued during which time Councillor Knibb expressed concern that community services, particularly those of a voluntary nature, may not be available to assume responsibility for the children who would be affected by the closing of the Dr. William F. Roberts Hospital School as parents today have a difficult enough time coping with the problems of rearing their own children living at home and, at the request of Dr. MacDougall, Mr. Travis Cushing, a member of the Mayor's Committee, replied that the likelihood of major urban centres being able to adeQuately provide the type of services to which the Department of Social Services is referring is somewhat remote and that it would take a great deal of funding and effort to put such services in I I ... I ... I I ... ~ ".. 3.419 ... I I ... I ... I I ... ll... place, and he noted that one of the requests made of the Minister of Social Services is whether additional funds could be provided during a transition period in which demonstration projects could be done and the institution in question allowed and encouraged to improve its services, however the Minister assured this Committee that such extra funding would not be available and that the only way this Department could improve community services is through the discontinuance of this Hospital School. Her Worship the Mayor thanked Dr. MacDougall fOr his presentation and advised that Council will render a decision regarding same later in this meeting. Read a letter from Councillor Flewwelling regarding truck traffic on Dever Road noting that trucks hauling material to the Church Avenue overpass site are overloaded and driving too fast and are also creating a problem with the City's water and sewerage services as on April 30, 1984 the water was shut off in the Dever Road area because of a broken pipe, which caused City crews to work overtime, and asking what action could be taken to reduce this hazard. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the City Manager be requested to take appropriate action to reduce the overloading and speeding of trucks on Dever Road. Mr. McDermott advised that the above matter was discussed with the Acting Chief of Police, who agreed to investigate the problem of speeding trucks, and that the Assistant City Manager has advised that, as the portion of broken pipe in question is one which has been in place since 1899, it is normal to expect breakage of this nature. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Flewwelling noting that the Dexter property on Dever Road, which was once kept neat and tidy, is becoming unsightly due to small buildings having been hauled into that location as well as the presence of old vehicles and junk, requesting a report on what action could be taken to alleviate this situation. On'motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the Building Inspector be requested to take the appropriate action to ensure that the appearance of the Dexter property on Dever Road is improved. Mr. Armstrong, replying to a query of Councillor Knibb, advised that, although no funding was allotted in the operating budget for tree planting, funds are identified in the Capital Budget for a tree planting program for subdivisions, which can be reviewed to determine whether a portion of such funding can be utilized for tree planting on Dever Road. The Mayor requested that this matter be reviewed and a report be submitted to Council in the near future. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the report of the Mayor's Committee regarding the Dr. William F. Roberts Hospital School be referred to the Premier of the Province of New Brunswick and to the Minister of Social Services. Councillor Knibb suggested that Council's recommendation for the continued operation of the Dr. William F. Roberts Hospital School should accompany the above report. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, approval be granted to proceed with an order to Burroughs Canada for the purchase of one only model 206 Disk Pack Drive for attachment to the City's Burrough B900 central processing unit, at a cost of $18,000.00 plus Provincial sales tax. Mr. Adam, replying to a query of Councillor M. Vincent, confirmed that the above-noted company is the only firm which can supply the attachment required. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding a drainage problem on the Holmes property in Martinon, which was considered by Council at its meeting of April 24, 1984, proposing that a shallow ditch and a driveway culvert be installed along the side of the Holmes property and located at the edge of the right-of-way of Station Road, at a cost of approximately $1,000.00, and advising that Mrs. Holmes has been made aware that such ditch cannot be made deep enough to completely drain the surface water from the entire property -- be received and filed and a copy be forwarded to Mrs. Deborah Holmes for her information. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the joint letter from the City Manager and Deputy Commis- sioner of Community Planning regarding the request of the Saint John Preservation Review Board that those areas in the Trinity Royal preservation area which are presently zoned "RM-3" be re-zoned to "RM-l" to provide for lower buildings which is consistent with the Preservation Area By-Law, suggesting that a full report should be prepared on this proposal as Planning staff has indicated that there are implications other than the issue of building height involved, and recommending that this proposal be referred to the Planning Advisory Committee, be received and filed and the recommendation adopted. Question being taken, the motion was carried. 350 ~ On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the ~ request of the Saint John Central Business Development Corporation for improvements to lighting in King ,., Square, submitting a copy of a report from The Power Commission of the City of Saint John indicating the inadequacy of the subject lighting by present-day standards and detailing the changes required for the necessary improvements, and recommending that the improved lighting proposal for King Square, at an estimated cost of $1,430.69 per month or $17,168.00 per year, be approved -- be received and filed and the recommendation adopted. A brief discussion ensued particularly regarding interim action which could be taken to provide additional lighting and the condition of the bandstand in King Square. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from,the City Manager regarding the designation of the week of May 7 to 11, 1984 as Clean-up Week in the City of Saint John and advising that a special price has been negotiated for this week only with Loyalist City Towing for the collec-' tion of junked automobiles and automobile parts at no cost to the citizen with the City subsidizing the I cost of such removal, and recommending that the special arrangements for Clean-up Week as described herein be approved -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $30,000.00 for the guarantee of rehabilitation of the gravel pit in South Bay, which is owned by S. ... B. Enterprises (1980) Ltd. Councillor Flewwelling expressed the understanding that gravel is to be removed from the above pit only to a certain level in order to maintain this area suitable for residential development and to exceed such level would mean that the site would be suitable only for a gravel pit and he questioned if control is being maintained in this regard whereupon the Mayor requested that the Building Inspector look into this matter on May 8, 1984. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the proposal of Regional Realty Ltd. for the development of Water Street for which Council granted a time extension for receipt of an indepth proposal at its February 27,1984 meeting, recommending that, as requested by Mr. Hugh J. Flemming, Solicitor for Regional Realty Ltd., and as agreed to by the Urban Renewal Co-Ordinating Committee, Regional Realty Ltd. be granted an extension to October 31, 1984 to provide a detailed proposal for the development of the Water Street site and that staff be authorized to negotiate an option to purchase agreement for the site with the said company, such agreement to be subject to an acceptable development proposal being presented by Regional Realty Ltd. -- be received and filed and the recommendation adopted. I Question being taken, the motion was' carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager suggesting that parking regulations on a portion of Duke Street Central could be revised to provide a greater benefit and convenience to the general public, specifically in the block between Sydney and Charlotte Streets if the parking were switched from the south to the north side of the subject street, and in the block between Sydney and Carmarthen Streets if the parking were switched from the north to the south side, which would provide a consistent pattern for ,traffic from Crown Street to Charlotte Street, and recom- mending that the submitted amendments to the Traffic By-Law be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: ... AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. I Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto" . ... Question being taken, the motion was carried. .... ,.. Z-lj;J. ... I I ... I ... I I ... ..... Read a letter from the City Manager regarding the request of The Saint John Bicentennial Inc. to erect two community event signs, which was considered at Council's meeting of April 16, 1984. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, The Saint John Bicentennial Inc. be granted permission to erect community event signs in accordance with this group's proposal of April 11, 1984 with the condition that the City retains the right to remove such signs at any time, without notice. Councillor Schermerhorn questioned if there is any cost to the City insofar as the above signs are concerned to which Mr. McDermott replied that the City must install the base for same. The Mayor expressed the understanding that The Saint John Bicentennial Inc. is to assume the total cost of this signage to which Mr. McDermott noted that, although this group is to fund same, it is an indirect cost to the City. Councillor Knibb asked when a report will be forthcoming on the proposed street signs for the Trinity Royal area to which Mr. McDermott advised that it should be available at Council's next meeting. Question being taken, the motion was carried. Read a letter from the City Manager regarding the tender for the replacement of the roof membrane at the Reversing Falls Tourist Bureau, with tenders having been received from (1) Robert J. Fudge Ltd., in the amount of $24,450.00, such tender being formal with the exception of references; (2) Will. P. Dowd & Sons Ltd., in the amount of $24,900.00, such tender submitting a bid bond rather than a certified cheque and a letter from the Workers' Compensation Board for 1983 rather than 1984; (3) J. E. Wilson Roofing Co. Ltd., in the amount of $27,500.00, such tender being formal with the exception of a list of references; and (4) Leonard Roofers & Metal Workers Ltd., in the amount of $39,700.00, such tender complete except that the letter from the Workers' Compensation Board covers the year 1983 rather than 1984, all of which Mr. Murray White, a roofing consultant who prepared the specifications and estimated the cost of $l6,500.00 considers too high. The letter notes that the delay in the awarding of the tender for electrical work has delayed the completion of work by City forces which, in turn, could mean that the roof tenders, if proceeded with, could extend the work into the busy tourist season. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and in view of the tender prices received and the timing problems which are being encountered, Council reject all tenders received for the replacement of the roofing membrane at the Reversing Falls Tourist Bureau; that staff proceed to obtain bids from roofers for the repair of the Theatre roof and the leaking problem in the Chandelier Room, and further that the balance of the roofing work be retendered after the tourist season and prior to winter. Councillor Schermerhorn noted that the reference in the above letter regarding the two areas which need urgent attention, namely, the Theatre roof and the repair of a leak in the Chandelier Room, should indicate an estimated cost for same of $2,500.00 to $3,500.00 rather than $25,000.00 to $35,000.00 as stated therein. Councillor M. Vincent expressed opposition to performing only the urgent repairs on the subject building as proposed as, in his opinion, it would be less expensive to call tenders for the complete project and have all the necessary repairs carried out at once. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". Read a letter from the City Manager regarding the request of Rocmaura Inc. that consideration be given to all senior citizens in nursing homes, who are forced to use ambulance service, being charged not more than the $45.00 which the Department of Social Services is willing to pay on their behalf, which was considered by Council at its last meeting, advising that, if the City lowered the rate as requested, the City subsidy for ambulance service would increase by an additional $18,000.00 based on the approximate 1,200 one-way ambulance calls per year to nursing homes, and recommending that, as the Province should be requested to adjust its rates of reimbursement for ambulance services so that the burden does not fall on individual senior citizens, this request be referred to the appropriate Provincial ministers. Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, that the above recommendation be adopted. The Mayor suggested that this matter could be the subject of discussion at the Cities of New Brunswick Association and she noted that the City of Moncton is experiencing a problem in this regard. Deputy Mayor Davis, a member of the Board of the Saint John Regional Hospital, noted that a study of inter-hospital relationship in Saint John has recently been completed which is to take this matter into account. The Mayor suggested that a representation should be made at the Provincial level and that the City Manager should be requested to attempt to co-ordinate a meeting of the Mayor and members of Council to approach the Provincial Government, such approach, in her opinion, would bring better results than a letter. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the request of Rocmaura Inc. that consideration be given to all senior citizens in nursing homes being charged not more than the $45.00 which the Department of Social Services is willing to pay on their behalf for ambulance service be referred to the appropriate Provincial ministers and that the City Manager be requested to arrange a meeting of the Mayor and members of Common Council with appropriate Provincial representatives. During discussion Councillor Flewwelling suggested that service clubs in the City might be willing to donate to Rocmaura Inc. a vehicle which could be used as an ambulance. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding negotiations with Blair Con- struction Ltd. for an exchange of property, which were authorized by Council in Committee of the Whole on April 30, 1984. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the City acquire approximately 38 acres of land located between Highway 820 and the Second Loch Lamond, as shown patterned on the submitted map and being a portion of L.R.I.S. Number 349282, from Blair Construction Ltd. in exchange for 43 acres of City-owned land on the southern side of Highway 820, shown cross-hatched on the submitted map and being part of L.R.I.S. Number 354753; that each party be responsible for the preparation of survey &J52 ., and subdivision plans of their own property; that Blair Construction Ltd. provide a 66 foot right- of-way from Highway 820 to the newly-acquired City land on the northern side of the road as well as to the remaining City-owned land on the southern side over land presently owned by the said company or being transferred to the said company and presently identified as L.R.I.S. Numbers 349282 and 354753, the exact location of such rights-of-way to be established by a surveyor in consultation with the Engineering and Works Department and the Provincial Planning Branch until the land is subdivided into building lots and, until that time, access to the City land to be allowed along the western property line; that Blair Construction Ltd. reserve the right to remove stockpiled gravel from the parcel being conveyed to the City over a six-month period following approval of the exchange by Common Council; and that the Mayor and Common Clerk be authorized to sign any and all documents required to complete the transaction. ... Question being taken, the motion was carried. I Consideration was given to a joint letter from the City Manager and Commissioner of Finance advising that, although consideration was given to not participating in the bond issue planned by the New Brunswick Municipal Finance Corporation within the next few months due to the terms and conditions of same being less attractive than those of the previous issue in the fall o~ 1983, the City requires a further $4 to $5 million to be financed later in the year and recommending that the City participate in the said bond issue. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that occasion having arisen in the public interest of the following public civic works and needed Civic Improvements, that is to say: I GENERAL FUND Transportation University Avenue $144,581; Reinstatements - Several Streets $34,944; Tree Planting $20,754; Wright Street $46,499; Highway 102 $72,989; Retaining Walls - Union Street $27,527; Anglin Drive $47,834; Asphalt Planing $39,139; Bridge Street $21,813; Brown Street $42,090; Chipsealing $33,2l1; Churchland 4It Road $43,476; Culverts $35,754;Fallsview Drive $63,370; Golden Grove Road $29,157; Goldsworthy Road $20,016; Hillcrest Road $28,853; Kennebecasis Drive $96,866; Lancaster Avenue $24,640; Lancaster Street $23,702; Main Street West $22,014; Manners Sutton Road $73,669; Millidge Avenue $41,224; Pitt Street $21,443; Salt Shed $26,105; West Side Garage & Police Station $92,330 -- $1,174,000 Environmental Development Land Purchases $700,000 Recreation Dominion Park Facilities $49,181; Lord Beaverbrook Rink $79,322; St. Rose Ballfield $109,738; Silver Falls Park Sportsfield $21,537; Upgrade Playground & Sportsfield $51,348; Community Development Projects $28,444; Allison Grounds $93,946; Chain Link Fencing, Various Fields $69,421; Canada Games $1,497,063 -- $2,000,000 I Housing First L.D.H. Ltd. $126,000 Total General Fund - $4,000,000 WATER AND SEWERAGE UTILITY Water System Young Street $40,220; Rothesay Avenue $109,429; Cleaning Watermains - West Side $21,612; Crown Street $37,033; Golding Street $53,769; Hilyard Street $35,852; Sand Cove Road - Cushing Street $71,945; West Side Water Supply $8,431; Loch Lomond Road $29,766; Watershed Development $41,943 $450,000 ... Sewer System Colpitts Subdivision $21,180; Hilyard Street $21,648; Manners Sutton Road $43,119; Rothesay Avenue $212,067; City Road $39,977; Loch Lomond Road $18,877; Cedar Point Trailer Park $9,617; Demonts Street $26,884; Douglas Avenue $50,080; Dwyer Road $15,257; Morna Heights $19,621; Mount Pleasant Court $31,558; Spruce Street $40,115 -- $550,000 I Total Water and Sewerage Utility - $1,000,000 Total for all purposes - $5,000,000 THEREFORE RESOLVED that Debentures be issued under provlslons of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $5,000,000. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that subject to paragraph 3 of this resolution, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $5,000,000.00 on such terms and conditions as are recommended by the Corporation: AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation ~ in payment of principal and interest charges on the above bond or debenture as and when they are ,., required by the Department of Municipal Affairs: ~ ,... LJ.~~ ... I I ... I ... I I ... .... AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98.00 per $100.00 of debenture, at an interest rate not to exceed an average of 13.75% per annum and at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100.00 of debenture, interest rate and term in years together with the date of the issue for approval by Common Council. Discussion ensued during which time Mr. Wilson explained the terms and conditions being projected with respect to the proposed bond issue as well as the City's membership in the said Corporation. (Councillor M. Vincent re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the low tender, as submitted by D. Hatfield, Ltd., in the amount of $1,975.00, be accepted for the demolition of the building and stairs located at 343 Sandy Point Road. Question being taken, the motion was carried with the Mayor voting "nay". Read a letter from the City Manager regarding the tender for electrical renovations at the Reversing Falls Tourist Bureau-Theatre, which was tabled at Council's last meeting, advising that problems encountered with Norman W. Francis Ltd. on a previous contract at this building are no different in degree from problems encountered when any contractor performs a job requiring a number of changes in an existing system; expressing the opinion that the said company is fully qualified to perform the subject work, and recommending that the previous recommendation be taken from the table and the contract for electrical renovations at the Reversing Falls Tourist Bureau-Theatre be awarded to Norman W. Francis Ltd., at the tendered price of $8,989.00, it being the lowest tender meeting specifications. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the contract for electrical renovations at the Reversing Falls Tourist Bureau-Theatre be awarded to Norman W. Francis Ltd., at the tendered price of $8,989.00, being the lowest tender meeting specifications, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by namely:- asphalt asphalt $8,781. 73 $5,137.45 the City Manager, authority be granted for payment of the following invoices, Stephen Paving (1982) Ltd. - supply of - supply of April 12-18, 1984 April 19-25, 1984 Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor submitting a proposed amendment to the Parking Meter By-Law with regard to the parking area which fronts on Germain Street, first reading of which was given at Council's meeting of April 16, 1984, advising that second and third readings are now in order. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the bylaw entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a second time. Read a second time the by-law entitled "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled "A By-Law To Provide For The Reservation Of Certain Streets Or Portions Thereof For Parking Purposes And To Charge And Collect A Fee For The Use Or Occupation Of The Same By Means Of Mechanical Appliances", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the following resolution which was submitted by the City Solicitor be adopted, namely:- "WHEREAS the City of Saint John in 1918 conveyed lands on Church Avenue to the Trustees of the Methodist Church of Fairville; and WHEREAS the said conveyance contained a condition stipulating the use which could be made of the said lands; and WHEREAS a portion of the said lands is now occupied and used for purposes other than as stipulated in the conveyance of 1918; and "'lIIIl ~54 WHEREAS the current owners of the property known as C1V1C number 54 Church Avenue have requested the execution of a Quit Claim Deed to release any interest the City might have in their land: ... NOW THEREFORE BE IT RESOLVED that the Mayor and Common Clerk be authorized to execute, in consideration of the payment to the City of $1.00, a Quit Claim Deed to the property at 54 Church Avenue in favour of James Gilbert Duke and Sharon Dawn Duke, his wife.". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-10 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns deleting from Section 840(3) (b) the figure and words "4.5 square metres" and replacing them with the figure and words "6.0 square metres", with regard to the maximum size of projecting or freestanding signs, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "By-Law Number C.P. 100-10 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. (Co~ncillor Gould withdrew from the meeting.) I Question being taken, the motion was carried. 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 report s ... Your Committee begs leave to report that it sat on Monday, April 30th, 1984 when there were present Mayor Wayne and Councillors Davis, Knibb, Flewwelling, Murray, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. That on behalf of the Saint John Port Development Commission, the City engage Mr. Murray McCavour following his retirement from the City of Saint John, to assist the new Executive Director of the Commission, at the rate of $200.00 per day including expenses, to a maximum amount of $10,000.00. 2. That with regard to the offer of Dykeman and Company Ltd. to sell property on Rothesay Avenue, Common Council adopt the recommendation of the City Manager that the said company be advised that the City is not interested in ac~uiring the said property at this time. 3. That as recommended by the City Manager, the position of Deputy Chief - Administration, be added to the establishment of the Fire Department. I Saint John, N.B., 7th May, 1984. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb ... Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. (Councillor Gould re-entered the meeting.) I Chief Clark explained that it is the intent to appoint a Deputy Chief of Administration who will be involved in an orientation program until the end of 1984 at which time recommendation will be submitted to Common Council with respect to the replacement for Chief Clark and that it is hoped that the person appointed as Deputy Chief of Administration will be promoted to that of Fire Chief. The Mayor noted that other persons'may apply for the position of Fire Chief and that this position may be advertised. Chief Clark, replying to a ~uery of Councillor Flewwelling, advised that it is the intent to abolish the position of Deputy Chief of Administration upon the appointment of the Fire Chief and he confirmed that the person to be appointed to the former position is presently employed in the Fire Department. I Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, the proposed signs for Harbourside Apartments and the Hilton Hotel be approved subject to the Hilton ~ sign not extending beyond the penthouse of the hotel. ~ ..... JlI"'" C'.\:<~ "<0 clio; ... I I ... I ... I I ... lil.. Mr. Zides explained that the reason for the condition that the subject sign not extend beyond the penthouse of the hotel is that this sign will be facing the Harbour Bridge and it is feasible to avoid the back of such sign being visible from the King Street side of the building, and also that the applicant has presented no negative views with respect to the above recommendation. Councillor Vaughan asked if the proposed sign is in 'accordance with the Zoning By-Law to which Mr. Zides replied that the reason this matter is before Council is because there are no specific by-laws regarding Market Square as it is a planned development. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the 1983 Board of Director's Annual Report and the audited statements for the year ended December 31, 1983 of The Saint John 1985 Canada Summer Games Society, Inc., be received and filed and Council express its appreciation to the members of the Society and wish them continued success in organizing the 1985 Canada Summer Games. Councillor Knibb, asked when Council will be reconsidering the naming of two of the Canada Games venues to which the Mayor noted that this item is on the agenda for discussion in Committee of the Whole later this date. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Environment Committee regarding the Federal Government's signing of a five-point declaration with nine other nations on the reduction of pollution which leads to international acid rain, submitting a proposed resolution for Council's consideration and adoption in support of the Federal Government's efforts, such resolution to be forwarded to the Federal Minister of Environment and to the Prime Minister. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the City of Saint John commend the Government of Canada in its efforts to reach international accord dealing with the control and reduction or elimination of acid rain caused by man's industrial and commercial activities, and that a copy of this resolution be forwarded to the Federal Minister of Environment and to the Prime Minister of Canada. Councillor Knibb noted that Saint John, as an industrial City, is a contributor to acid rain pollution and he expressed reservation, at a time of severe economic depression, to suggest to industry that it must undertake the expenditure of installing anti-pollution equipment. Question being taken, the motion was carried with Councillor Knibb voting "nay". Read a letter from the Historic Sites & Events Committee referring to Common Council resolution of April 27, 1984 insuring that the Historic Sites and Monuments Board of Canada is made fully aware of the proposed development of Partridge Island as a historic site, asking that Common Council specifically request a meeting with this Board during its visit to Saint John on June 15 and 16 and that a letter be directed to Dr. J.M.S. Careless in this regard, suggesting that Council should consider utilizing the services of Mr. Harold Wright in respect to the Partridge Island project. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John request a meeting with the Historic Sites and Monuments Board of Canada during this Board's visit to Saint John on June 15 and 16, 1984, regarding the proposed development of Partridge Island as an historic site. Councillor M. Vincent stressed the importance of a strong municipal government representation at such a meeting and Councillor Vaughan suggested that Mr. Wright should be invited to attend such meeting with Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that permission be granted to ,Baptist Inner City Ministries to conduct open-air worship services within the area of Queen Square, from June 17 to July 29, 1984. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Board of School Trustees, School District Number 20, regarding the traffic pattern on Kennington Street, to the rear of the Forest Hills School complex, requesting that this street be converted to a permanent paved street and further that the entrance to the rear of the school from Westmorland Road be eliminated in the interest of safety of the school children, and suggesting that a tunnel walkway might be provided under Kennington Street when it is upgraded for paving thereby providing safe access to the playing fields located to the northeast of the street -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Board of School Trustees, School District 20, expressing appreciation for the service provided by the Works Department in response to the Board's request for early clearance of snow from sidewalks leading from Churchill Heights to Island View School, be received and filed. Question being taken, the motion was carried. ~5'5 ., On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. H. R. Byers advising 4It of his attempts to appeal his Provincial property tax assessment and expressing the opinion that his taxes are un~air because he is being provided no services other than that of snow removal, be received and he be advised that, as the City of Saint John is not responsible for the assessment of property, he should contact the Provincial Tax Assessment Office in this regard. Question being taken, the motion was carried. On motion of Councillor Schermdrhorn Seconded by Councillor Knibb RESOLVED that the letter from Dr. F. K. Donnelly of the University of New Brunswick-Saint John regarding the Jenny's Spring marker stone on First Street, suggesting that, as the Jenny's Spring site has an association with the English reformer, William Cobbett, this is a tourist asset which the City could exploit and also suggesting that, as this site is out of the way and the words on the existing marker stone are not appropriate for Mr. Cobbett's career, Council might look into a second marker being placed on the Fort Howe site -- be referred to Deputy Mayor Davis for a report and recommdndation. I Question being taken, the motion was carried. I On motion of Councillor Schena phorn Seconded by Councillor Knibb RESOLVED that the letter from the owners of Millidge Place, Millidge Place Limited, submitting a legal description and surveyor's plan of property known as Millidge Place, requesting approval to erect a freestanding sign as indicated on the submitted drawing and stating that they are prepared to enter into an agreement with the City of Saint John where upon reasonable notification by the City they would accept the costs thereof and be responsible for the removal and replacement of the sign in the event of the City wishing to exercise its rights to the easement -- be referred to the Planning Advisory Committee. ... Question being taken, the motion was carried. Read a letter from the Coalition For Improved Rail Passenger,Service regarding Via Rail service between' Saint John and Montreal, inviting the Mayor or her representative to accompany this group at the hearing before the Senate Transport Committee on May 9, and proposing that the City of Saint John host a symposium in Saint John on May 26, in accordance with the submitted suggestions. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that Council support the symposium as indicated in the above letter and, in proposing the said motion, Councillor Schermerhorn suggested that it might be appropriate, if possible, for a representative of Council to accompany this group to the Senate Transport Committee hearing. The Mayor noted that a letter of concern regarding Via Rail service has been forwarded to Senator D. Riley on behalf of Council and suggested that Council adopt the proposal to hold a symposium and forward a telegram in support of the Coalition For Improved Rail Passenger Service to Senator D. Riley and the Senate Transport Committee. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Coalition For Improved Rail Passenger Service regarding its efforts to have the Via Rail "Atlantic" reinstated on the direct route through Saint John to Montreal, P.Q., inviting the Mayor or her representative to accompany this group at the hearing before the Senate Transport Committee on May 9, and proposing that the City of Saint John host a symposium in Saint John on May 26 -- be received and that Council host a symposium as indicated therein, and further that Council support the Coalition For Improved Rail Passenger Service in its presentation to the hearing before the Senate Transport Committee. Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Thomas Swain requesting to purchase or lease a parcel of land adjacent to his property on Mark Drive -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. I Read a letter from Marquis & Faloon, solicitors for Royal Trust Corporation as Executor of the Estate of Sarah E. Hazen regarding the purchase by the City of freehold property. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that the above letter be referred to the City Managdr and City Solicitor for a report to Council, whereupon the Mayor read a letter from Mr. Henry J. Marquis of the said law firm, which she advised was received earlier this date, to the effect that the matter has been resolved and requesting that Common Council remove the above letter from the agenda of this meeting. The above motion was thereupon withdrawn. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Bruce Court, President of Super Slide Ltd., requesting Council's consideration in adopting the submitted resolutions regarding this company's operation of a gift shop and its water slide lease at Rockwood Park -- be referred to the City Manager for a report at the next meeting of Council. Question being taken, the motion was carried. ... .....1 JlI"'" 357 On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Ykr,iio ~:7od/ I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of May, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and A. Vincent - and - ... Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; P. Clark, Fire Chief; R. McDevitt, Deputy Fire Chief; C. Breen, Acting Chief of Police; M. Hanlon, Purchasing Agent; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; J. Adam, Manager of Data Processing; and Miss M. Conley, Administrative Assistant to the Mayor. Councillor Flewwelling offered the opening prayer. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that minutes of the meetings of Common Council, held on May 4 and May 7, 1984, be adopted. Question being taken, the motion was carried. I Her Worship the Mayor welcomed to the Council Chamber members of the St. Rose Scout Troop, who are working toward their citizenship badge, and she briefly explained the Council meeting procedures. " Her Worship the Mayor 'read a proclamation proclaiming May 13 to 21, 1984 as National Physical Activity Week in the City of Saint John and commented on the various activities planned in the City for Great Participaction Day on May 16, 1984. Her Worship the Mayor read a proclamation proclaiming the week of May 14 to 21, 1984 as Y's Men's Week in the City of Saint John, such Club since its chartering in 1925 having contributed greatly to the physical, social and cultural life of the City. Her Worship the Mayor noted that Council will meet as follows for the remainder of May and the month of June, 1984:- Tuesday, May 22,7:00 p.m. - open session only; May 28,7:00 p.m.; June 11,7:00 p.m.; June 18,4:00 p.m.; and June 25,7:00 p.m. ... The Mayor commented briefly on a number of functions which occurred in the City during the past week, including the Canadian Association of Social Studies for which she commended Councillor Knibb for his sponsorship of a reception; Telephone Pioneers Region I Assembly; Run For Light, proceeds from same for the Canadian National Institute For the Blind; an annual competition of Menis Barbershoppers as well as a square dancing event; and the 117th Annual Communication of the Masonic Temple to which she, as the first woman in 117 years, was afforded the opportunity to attend. Councillor Knibb noted that May 18, 1984 is Loyalist Day in the City. I Read a letter from Councillor Flewwelling advising of the refusal of the Saint John Marina's building application for the extension of its deck, such application having been rejected on the grounds that its non-conforming use cannot be expanded and that it is the opinion of the Planning Branch that the extension to the width of the deck adds to the non-conforming use, and requesting a legal opinion on the interpretation of the Community Planning Act and Zoning By-Law in regard to this matter and, if the owner of the Marina is prohibited from proceeding with the expansion, what, if any, action Council can take to permit same. I Councillor Flewwelling expressed the oplnlon that the Zoning By-Law should take into account the size and location of buildings as those located in the central core of the City should be more limited than those, such as the above-mentioned building, which are located outside the central core. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Solicitor for an opinion on the interpretation of the Community Planning Act and Zoning By-Law in regard to same and, if the owner is prohibited, what if anything Council can do to permit the subject expansion. Question being taken, the motion was carried. ... On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for providing vehicle towing and storage services to the City be awarded to Loyalist City Towing Ltd., at the tendered price of $23.00 per vehicle up to one-ton trucks and $39.00 per vehicle larger than one-ton trucks. ... 358 ~ Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, a purchase order be placed with Greey Lightnin Mixing Co. Ltd. in the amount of $12,841.40 for replacement parts for aerator units at the Lancaster Waste Water Treatment Plant. During ensuing discussion Councillor Flewwelling questioned if it would be more feasible to expand the above facility at this time rather than perform interim repairs to which Mr. Armstrong replied that it is the intention to perform the subject repairs before the summer months in order to avoid problems with the process and he commented on the upgrading design to expand this plant and added that this approximate $5 million expansion which would be cost-shared with the Province is not expected to take place for at least two years. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the submitted application from the New Brunswick Amateur Speed Skating Association for financial assistance in I hosting a banquet in connection with the Association's annual meeting to be held in Saint John on June 14 to 16, 1984 -- be referred to the grants committee for consideration. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that the request of the Saint John 'Preservation Review Board for signs describing the location and size of the Trinity Royal area to be erected at various locations throughout the City, which was ... considered by Council at its April 16, 1984 meeting, is still under discussion with the Planning Branch and that a report will be presented in the near future, be received and filed. A brief discussion ensued regarding the status of the report with respect to the request of the Preservation Review Board for distinct signage on streets within the Trinity Royal area and Mr. Armstrong advised that the matter of scaling the subject sign so that it can be constructed by City forces, which would be less expensive than having such signs constructed by a commercial operation, is under discussion. Mr. Winch noted that Planning staff wishes to discuss further the matter of designation signage with staff in the Tourism and Public Relations Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding Super Slide Ltd. 's operation of a water slide facility and gift shop at Rockwood Park, which was considered by Council at its last meeting; suggesting that, with regard to this company's proposal that it may wish to negotiate changes in the license should financial hardships be encountered in the first year of operation, it is always possible, if both parties agree, to renegotiate the terms and conditions of the subject agreement; advising that, insofar as garbage removal is concerned, Super Slide Ltd. will be responsible for any garbage within the area covered by its license, with the City being responsible for garbage removal outside that area, and recommending that, to assist Super Slide Ltd. in the commencement of its operation, the license fee on the gift shop, which amounts to 5% of gross revenue, be waived for 1984 only -- be received and filed and the recommendation adopted. Councillor Poley noted that the above recommendation offers more than what Super Slide Ltd. requested as this company only asked that such fee be calculated on the net profits rather than on the gross revenue and he questioned the reason for this additional offer to which the Mayor replied that, based on a discussion which she and the City Manager had with Mr. Court of this company, there are additional costs involved insofar as this project ,is concerned and she added that it is the City's wish for this project to be successful. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the joint report from the City Manager, Commissioner of Finance and the Chief Accountant regarding Council's authorization on April 30, 1984 of a release of holdback for the window retrofit project to Shamrock Construction Ltd. subject to legal advice concerning the replacement of the performance bond with a maintenance bond; advising that the Legal Department is of the opinion that the maintenance bond is acceptable provided it covers the three obligations included in the submitted copy of Mr. John P. Mooney's letter to the Saint John Housing Commission, and recommending that Common Council approve the release of the holdback in the amount of $29,996.55 with a provision that the cheque be released on receipt of a maintenance bond acceptable to the Legal Department -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Gould I ... I I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Solicitor regarding recovery of costs incurred by the City of Saint John in the demolition of buildings pursuant to the provisions of the Saint John Building Act, 1925, recommending that Common Council ... authorize the commencement of the necessary legal action to recover the costs of demolition from the owners of the fee simple at the time of demolition of the following properties:-286 Germain Street - $1,672..00; 40-44 St. James Street - $4,250.00; 109 Elliot Row - $3,940.00; 247 Main Street - $6,333.00; 741 Brunswick Drive - $1,460.00; 120-122 Bridge Street - $ 4,700.00; 230 St. James ~ ,.. ~59 ... I I ... I ... I I ... ... Street West - $4,700.00; 4255 Loch Lomond Road - $980.00; 48 Exmouth Street - $3,850.00; and 775-779 Brunswick Drive - $3,640.00 -- be received and filed and the recommendation adopted. Councillor A. Vincent asked when Council could expect to receive a complete list of all properties of the above nature and what procedure is used to determine the order in which such properties are selected to which Mr. Rodgers replied that, although he is uncertain as to when a complete list will be submitted to Council, those properties named above are the ones which his Department feels comfortable in pursuing at this time and that they are chosen as prudently as possible. Councillor A. Vincent expressed opposition to the above on the basis that action should be taken to recover the demolition costs on all properties of this nature. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Consideration was given to a letter from the City Solicitor submitting a proposed amendment to the Traffic By-Law regarding parking on Duke Street, which was given first and second readings at Council'_s last meeting, advising that third reading is now in order. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking on Duke Street, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled "A By-LaW' To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, May 7, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. Saint Barry That as recommended by the Nominating Committee, John Tourism Advisory Committee for a one-year term: Alston, Gregory Maguire and Frank McCarey: the following persons be appointed to the Shirley McAlary, John Sharp, Reginald Sinclair, AND FURTHER that Council express its appreciation to the former members of the Tourism Advisory Committee. 2. That as recommended by the Nominating Committee, the following persons be appointed to the Board of Directors of Saint John Non-Profit Housing Inc., and that one share be issued to those Directors not presently shareholders of the said company, namely: T. Patrick Scanlon, John Disher, M. Patricia Donihee, Walter B. Flewelling, Arthur Flood, Richard T. Franey and Councillor Dennis Knibb. 3. That the per diem rate of $25.00 be authorized for Her Worship the Mayor and Councillors Davis and Flewwelling, while attending the Federation of Canadian Municipalities convention in Winnipeg, Manitoba from June 3 to 7, 1984. Saint John, N. B. May 14, 1984 Respectfully submitted, (sgd.) Elsie E. Wayne C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Gould withdrew from the meeting.) The Mayor advised that, prior to adopting section 2 of the above report, it is necessary for Council to rescind sections (b) and (c) of the Common Council resolution of August 3, 1982 with regard to the Saint John Non-Profit Housing Inc. in order to clarify the City's records with respect to membership of Council members and City staff on same. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that sections (b) and (c) of the Common Council resolution of August 3, 1982 with respect to Saint John Non-Profit Housing Incorporated be rescinded as follows:- (a) that the City Solicitor be empowered to hold a meeting of the present directors to appoint a new Board consisting of the Mayor, Common Council and the City Manager and City Solicitor; and (b) that a Working Committee consisting of the Mayor, three Councillors and the City Manager and the City Solicitor be named as an Executive Committee to deal with on-going matters. Question being" taken, the motion was carried. ~60 ~ On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Councillor A. Vincent suggested that the above per diem rate may not be adequate. I Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) Read a letter from the Planning Advisory Committee submitting a copy of the 1983 Annual Report of the Planning Branch, noting that, in addition to the activities of this Committee and the more traditional roles performed by Planning staff, a number of other important programs and projects were carried out in 1983 with the scope of the Planning Branch's operations having diversified in the past few years to include participation in activities such as economic development, housing, I heritage preservation, promotion and civic improvements, and suggesting that it is important that Council clearly establish the role the Planning Branch is to perform and to provide the resources to carry out same. The letter also notes that, although the Planning Branch's role was presented to Council some time ago, a decision apparently has not been reached and encourages Council to resolve this important matter in which this Committee would provide any reasonable assistance. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the 1983 Annual Report of the Planning ... Branch be referred to the City Manager. Councillor Poley asked why the above action is proposed whereupon the Mayor expressed the oplnlon that the suggestion of the above Committee that Council should clearly establish the role of the Planning Branch should be addressed by the City Manager with a report to be submitted to Council thereon. The Mayor referred to her comments in Committee of the Whole earlier this date regarding concerns of developers in the City and expressed the intent to discuss this matter with staff in the near future. Discussion ensued during which time Mr. Winch commented on a previous review of the Community Planning Act which is being further reviewed by a task force of the Depart- ment of Municipal Affairs, as well as a review of the City's Zoning By-Law which was performed by an Ontario firm, and Councillor Schermerhorn clarified that his intent in proposing the said motion is to keep the subject report active as it is a part of a whole matter to which Council must address itself and the Mayor suggested that this report should also be referred to the Housing Policies Committee. Councillor Poley suggested that Council should meet with the City Manager and appropriate staff to discuss the above report whereupon the Mayor suggested that this be done in Committee of the Whole on June 11, 1984. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Paul Henderson expressing the understanding that the ramps for the Church Avenue Overpass will reach the end of his driveway at 634 Dever Road thereby prohibiting parking in front of his residence, and requesting an explanation of this matter -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that the letter from Saint John Presbytery-United Church of Canada stating that it is prepared to sign any agreement with the City of Saint John to the effect that rent on the property at 39 Princess Street, occupied by the United Church Clothing Depot will be $160.00 per month beginning in January of 1985 -- be received and filed. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Alexandra Senior Citizens suggesting that, as the rainy season is now here and there are approximately thirty senior citizens residing in the Alexandra Apartments at 24 Metcalf Street many of whom must get to doctors and hospitals for treatment, consideration be given to the feasibility of waterproofing the underside of the public steps at Cunard and Main Streets in order to provide a minimum bus shelter -- be referred to the City Manager and the Saint John Transit Commission for a report and recommendation. Question being taken, the motion was carried. I Read a letter from the Saint John Stumprunners (Four-Wheel Drive Club) regarding plans for a 4x4 Events Day to be held on July 22, 1984 at the Champlain Heights pit. Councillor Gould proposed a motion that the above letter be referred to the grants committee, however the Mayor noted that no financial assistance is being requested. ... ~ ,.... &ili))l o On motion of Councillor, Schermerhorn ... Seconded by Councillor Knibb RESOLVED that as requested by the Saint John Stumprunners (Four-Wheel Drive Club), Common Council approve and support this group's "4x4 Events Day" to be held on July 22, 1984 and to include such activities as a hill climb, slalom race and mud hole competition at Raymond Slattery's pit in Champlain Heights, with proceeds from same to be donated to a charitable organization, namely the Saint John Jaycees, and that this group be wished success in this endeavour. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from Mr. Reginald Daigle advising his intent to purchase the building at 64 St. John Street West, the property for which can be leased for fourteen years, asking if a sales agreement could be entered into to purchase the land and the adjoining small lot at the rear of same within this fourteen-year period or as soon as the building is paid for, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that the letter from ~IT. Lionel Hinkley requesting permission to keep a mobile home on property at Anthony's Cove -- be referred to the City Manager and the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn ... Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Douglas Mitton regarding property at 187 Golden Grove Road, the re-zoning of which was approved by Council on November 8, 1976 to permit an auto body shop with the condition that no business sign or signs of any nature or kind be permitted to be installed on the said property, requesting Council to amend the re-zoning so as to remove this restriction so that he can place an advertising sign on the front of his building on Golden Grove Road be referred to the City Manager and the Planning Advisory Committee for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the letter from Palmer, O'Connell, Leger, Guerette, solicitors for The Hardman Group Limited, Managers of the Prince Edward Square Mall and Apartment Building, requesting that Common Council consider a resolution which would amend the Prince Edward Square Site Development Plan to allow for the erection of three signs as indicated on the submitted sketch -- be referred to the City Manager and the Planning Advisory Committee for a report and recommendation. Mr. Winch, replying to a query of the Mayor, advised that it may be possible to place the above matter on the Planning Advisory Committee's agenda for the meeting scheduled for May 15, 1984. Question being taken, the motion was carried. Consideration was given to a letter and petition from residents of Millidgeville Estates, Somerset Park and Tartan Street expressing concern that blasting being carried out on the northern side of Somerset Street Extension is causing considerable damage to the interior and exterior of homes in the subject area. ... A motion was proposed by Councillor Gould and seconded by Councillor Knibb that the above matter be referred to the City Manager for a report and to deal with the request that action be taken to limit the size of blasting charges presently being used in the area. During ensuing discussion Mr. McDermott noted that the Provincial Department of Labour controls blasting regulations and, in addition, there is a Federal act regarding blasting, both of which will be reviewed. Councillor Poley suggested that the above matter should also be referred to the appropriate Provincial authorities with the re'luest that they look into this matter. Mr. Johnson agreed to once again discuss the matter of blastin~ time with the company concerned. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the letter and petition from residents of Millidgeville Estates, Somerset Park and Tartan Street expressing concern that blasting being carried out on the northern side of Somerset Street Extension is causing considerable damage to the interior and exterior of homes in the subject area; re'luesting that action be taken to limit the size of blasting charges presently being used in the urban area of the City and a City by-law be drafted covering the use of explosives for quarry and construction work within the City limits; referring to the application of Spectrum Enterprises Ltd. for re-zoning of property in the subject area which means that blasting will continue and further damage may occur if a by-law is not put into effect as soon as possible, and suggesting that blasting in the area can be carried out with the use of less powerful explosive charges being set and that, with a proper by-law enacted and regular monitoring carried out, further and future damages can be avoided -- be referred to the City Manager for a report and to the appropriate Provincial authorities with the request that they investigate this matter. I Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) On motion of Councillor Schermerhorn ... Seconded by Councillor Flewwelling RESOLVED that the letter and petition from residents of Saint John West objecting to the parking of construction and excavation e'luipment on the premises of W.A.C. Excavators at 100 Rodney Street for the reasons as cited, and requesting that this company be required to remove its operation from the said location -- be referred to the City Manager and City Solicitor for a report and recommendation. lo. 362 ~ Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. & Mrs. Samuel Doyle request- ing to purchase a ten-foot strip of land which runs parallel to their property at 79 Eden Street, be referred to the City Manager for a report and recommendation. Quetion being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Saint John College Development Inc. regarding a recommendation of the Mayor's Task Force On Economic Development that a select group of citizens be chosen to review the Deutsch report and.to further ,assess the University's role in the community, which was tabled at Council's meeting of September 19, 1983, expressing the opinion that the establishment of such a committee would be a positive approach toward the continued development of the University and requesting to be advised when Council decides to act on the said recommendation so this group might suggest persons considered suitable to serve on such a committee -- be referred to Her Worship Mayor Wayne. The Mayor noted that the above report is being reviewed and that a report will be submitted to Council following completion of same. (Councillor A. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yk7'~~~fd At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the twenty-second day of May, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent -~- Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; W. D. Todd, Executive Director of Housing; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. The meeting opened with the reciting of The Lord's,Prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on May 14, 1984, be adopted. Question being taken, the motion was carried. (Councillor Gould entered the meeting.) Her Worship the Mayor commented on her attendance, earlier this date, at the Episcopal Ordination of the Most Reverend Joseph Edward Troy as Coadjutor Bishop of Saint John which was held at the Cathedral of the Immaculate Conception, Waterloo Street. Her Worship the Mayor extended an expression of sympathy to the family of the late Mr. Serge Bergeron, an employee in the Finance Department, whose death occurred on May 19, 1984. Councillor Murray advised that Mr. P. Clark, Fire Chief, was presented an appreciation award by the New Brunswick Fire Chiefs Association in recognition of his years of service to this Association and he suggested that Common Council should extend congratulations to Chief Clark in this regard. On motio of Councillor M. Vincent Fire Seconded by Councillor Knibb RESOLVED that congratulations be extended to Mr. P. Clark, Chief~ with respect to the presentation made to him by the New Brunswick Fire Chiefs Association ... I I ... I ... I I ... ~ ~ ~~~ in recognition of his service to this Association. ... Question being taken, the motion was carried. Her Worship the Mayor presented a trophy to Mr. K. Cox, Chairman and President of New Brunswick Telephone Co. Ltd., this company having been the successful challenger in the Great Canadian Participaction Day Challenge with the City on May 16, 1984 and she commended the members of this company for their enthusiastic representation in this event. Mr. Cox thanked the Mayor and presented her with a blue cap of the type worn by NB Tel employees during their walk on that day. Councillor M. Vincent noted that the District 20 Jazz Band won a competition in the National Festival, which was held in Toronto, Ontario on May 16 to 20, 1984. I On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that congratulations be extended to members of the District 20 Jazz Band for their recent success in a competition at the National Festival held in Toronto, Ontario. Question being taken, the motion was carried. I Councillor Flewwelling requested that a letter from the Canadian Cancer Society (copies of which were distributed to Councal members at this time) regarding the attempt of Mr. Steve Fonyo to run across Canada in the fight against cancer, be added to the agenda for Council's consideration at this time. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above letter be added to the agenda for consideration at this time. ... Question being taken, the motion was carried. Consideration was given to the said letter from the Canadian Cancer Society advising that eighteen- year old Steve Fonyo is anticipated to arrive in New Brunswick around May 31, 1984, having successfully crossed Newfoundland and embarking on his journey throughout Nova Scotia, and that his route will take him along the Trans Canada Highway which means that he is not scheduled to visit the City of Saint John. The letter also advises that the Executive of the Saint John Kings Unit of the Canadian Cancer Society is of the opinion that Mr. Fonyo should at least pay a short visit to Canada's oldest incorporated City and asks, if he is invited to Saint John, whether Common Council would authorize the hosting of a civic reception, a tentative date for such being June 4 or 5, 1984 depending upon the date of his arrival in the Province. Councillor Flewwelling expressed the opinion that Common Council should host such a reception for no more than fifty persons, following which members of the general public could be given an opportunity to meet Mr. Fonyo at the Trade and Convention Centre. I On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that Common Council sponsor a reception for Mr. Steve Fonyo, at a coot of up to $500.00. The Mayor suggested that this reception could be held in City Hall and that the Tourism and Public Relations should be requested to make the arrangements for this event. Davis suggested that Council make a donation of $500.00 to this fund-raising campaign and reception. Director of Deputy Mayor hold only a token (Councillor A. Vincent entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne requesting that the following Councillors be appointed as Council's representatives on the labour-management committees for the next six months:- Local 486 - Deputy Mayor Davis and Councillor Gould; Local 771 - Councillors Vaughan and Murray; Local 18 - Councillors Flewwelling and Poley; and Local 61 - Councillors Schermerhorn and Knibb -- be received and the said appointments be approved. I Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) On motion of Councillor M. Vincent I Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting copies of corres- pondence between her and Mr. Basil Elkin of Middlesex, England, concerning an article for "Lloyd's Log", which is the monthly official Journal of Lloyd's of London, commemorating the City of Saint John's Bicen- tennial -- be received and filed. The Mayor thanked the Tourism and Public Relations Department for its assistance in providing information to Mr. Elkin and commented briefly on the published article (copies of which were distributed to Council members at this time.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the joint letter from the City Manager and Commissioner of Finance advising that the New Brunswick Municipal Finance Corporation has been success~ul in selling its third bond issue and that the terms, as they relate to the City of Saint John, are as follows:- term: 10 years, serial form in equal annual amounts; average coupon rate for the 10-year term: 13.27%; price: $98.81 per $100.00; and settlement date: June 12, 1984; noting that the terms of this issue are within the limits ~ 3~~ ~ approved by Council on May 7, 1984, and recommending that the terms of this issue, as listed herein, be approved by Common Council and that the Mayor and Common Clerk be authorized to execute the debenture between the City and the Finance Corporation which will set out these terms -- be received and filed and the recommendation adopted. Mr. Wilson, in response ,to Council queries, noted that, although the rate for the above bond issue is not as favourable as those for the last two issues, it reflects the current state of the bond market and appears to be a favourable rate in view of same and, commenting on the City's sale of the subject bond issue, he advised that, based on the assumption that it would cost approximately a half of a percentage point more, the issue, over its ten-year life, would represent an additional cost to the City of approximately $125,000.00, and he confirmed that the Province's credit rating has an affect on the rates of such bond issues. (Councillor Poley re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. The Mayor welcomed to the Council Chamber members of the 16th Girl Guide Company, Catholic Youth Organization, who are working toward their citizenship badge, and briefly explained the Council meeting procedure. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt May 3-9, 1984 _ supply of asphalt May 10-16, 1984 the City Manager, authority $7,060.99 $7,924.99 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Contract 84-1, Courtenay and Rothesay Avenue water and sewermain renewals, be awarded to the low tenderer, namely, Que-Mar Construction (Maritimes) Limited, in the amount of $103,731.80, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. ... I I ... Consideration was given to a letter from the City Manager advising that agreement has now been reached with Hilton on the terms and conditions of the Long-Term Management Agreement for the Trade and Convention Centre, such agreement providing for the following:- (1) Hilton is to manage and operate the Centre on a continuous basis as a first-class convention centre using its best efforts to maximize revenues; (2) the ,initial term is 20 'years, subject to a right of renewal for three further terms of 10 years each, provided that Hilton continues to be manager of the Hotel; I (3) Hilton has complete authority and control over the day-to-day management of the Centre, however the City is responsible for establishing the policies for the utilization of the Centre and establishing regulations and directives, such policies to be part of the annual budgetary approval process by the City; (4) the City is responsible for providing the fuuds for operation of the Trade and Conven- tion Centre and for all operating losses of the Centre but will receive all the operating profits; however, the City is not responsible for the cost of operations for food and beverages, but Hilton will pay 10% of gross revenues from the sale of all alcoholic beverages and 5% of gross revenues from the sale of non-alcoholic beverages and food, such proposed rates being in line with those in other convention centres; and (5) the City shall pay Hilton a management fee of $60,000.00 per year for the first three years increasing to $70,000.00 for the next three, $82,000.00 for the next three, $96,000.00 for the next three, etc., such increase corresponding to approximately 5% per year, and basically the management fee of $5,000.00 per month, agreed to in 1983, will stay in effect until June 1987 and at the end of the initial term of twenty years, there is provision for renegotiation of the management ,fee. The letter expresses satisfaction with Hilton's management of the Trade and Convention Centre to date and expresses every confidence that, with the opening of ~ the Hotel on June 1, 1984, this relationship will continue. ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Long-Term Management Agreement with Hilton Canada Ltd. for the Trade and Convention Centre, subject to approval by the City Solicitor as to legality and form. Councillor Vaughan concurred with Councillor Knibb's comment that the quality of service offered by the Hilton with respect to the management of the Trade and Convention Centre is excellent, however she suggested that, rather than enter into a twenty-year agreement, it might be more feasible to have a five-year agreement in order to determine the viability of the operation. Mr. Barfoot explained that this agreement is designed to run parallel to the time that Hilton is managing the hotel and that the City exercises its control through its policy input and that, although the City is not obligated to execute the subject agreement as the terms can be renegotiated, Hilton is interested in being in business in the City for a long period of time and such agreement was prepared on the understanding that this is the City's interest as well. Councillor Murray, referring to the subject agreement (copies of which were distributed to Council members at this time), questioned what control the City has over operating loss to which Mr. Barfoot noted that a monthly reporting system is in place through which Hilton reports to the City in detail on its operations for each month, therefore any variations will immediately, come to light, however he pointed out that the operating experience with Hilton to date has been very positive as the expenses have been less and the revenue higher than anticipated. Discussion continued regarding the percentage of gross revenue from the sale of non-alcoholic and alcoholic beverages, as well as with respect to the method by which payment will be made to Hilton and whether or not there is a penalty clause in place should Hilton discontinue its operation of the Centre, the latter to which Mr. Barfoot expressed the understanding Hilton would be responsible to settle any monies it may owe the City and he confirmed that The Market Square Corporation has been involved in the preparation of the subject agreement. Councillor A. Vincent asked why he was not previously issued a copy of the subject agreement to which the Mayor replied that, had Councillor A. Vincent attended the Committee of the Whole meeting concerned, he would have been provided a copy as were other Councillors in attendance. I J ... ~ ".... L' r::. e: -.:li' Ili'-<J> "nayH. Question being taken, the motion was carried with Councillors Vaughan and A. Vincent voting ... Discussion ensued during which time Councillor A. Vincent re-iterated his request to be provided with copies of information previously distributed to Council in closed session. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the firm of Jacques, Whitford and Associates Limited be engaged for concrete testing services and further that the firm of A.D.I. Limited be engaged for asphalt testing services for the 1984 construction programs. I ... The Mayor questioned why, in view of Jacques, Whitford and Associates Limited having quoted the lower hourly rates and what appears to be a more comprehensive testing with respect to asphalt testing, A.D.I. Limited is being recommended and also the purpose for, once the hourly rates are quoted, obtaining an estimate on the cost of services based upon approximately 35,000 tons. Mr. Armstrong replied that the difficulty in tendering for professional services of this nature is that he is unable to specifically determine at the commencement of the year how many such tests will have to be performed for the subject 35,000 tons of asphalt and that, althougl the City asks and pays for services on an hourly basis, the companies concerned must determine what is involved in providing the necessary amount of testing and inspection for the specific total of tons quoted by the City. Mr. Armstrong explained that, for all intents and purposes, it is practically impossible for him to set this up precisely therefore the reason for requesting companies to provide a projection of the total cost of such testing and he noted that, while the unit rates quoted by Jacques, Whitford and Associates Limited do appear to be lower, he can only presume that this company would be required to utilize more senior personnel. The Mayor advised that she would prefer to know exactly what services A.D.l. Limited and Jacques, Whitford and Associates Limited will provide for $30,000.00 and $49,200.00, respectively, particularly in view of the latter firm's hourly rates being lower. Mr. Armstrong advised that the type of tests which have to be conducted are specified by the City, however the problem is that the number of such tests cannot be specified and he confirmed that the total cost involved could amount to more than the said $30,000.00 depending on problems which may occur for instance with the asphalt plant whereupon the Mayor expressed the opinion that Council should be provided with more information on the asphalt testing services. Councillor Knibb noted that A.D.I. Limited has performed this service for the past three, years and that its actual costing against its estimates for this period of time has been fairly accurate and, as well, its estimate for 1984 is in line with the estimated 35,000 tons. During ensuing discussion, Mr. Armstrong, in reply to a query of Deputy Mayor Davis, advised the types of standard asphalt testing carried out. I Question being taken, the motion was carried with the Mayor and Councillors Davis, Gould and Vaughan voting "nay". (The Mayor withdrew from the meeting whereupon the Deputy Mayor assumed the chair.) On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager noting that the 1984 Capital Program includes a program which is cost-shared with the Provincial Department of Transportation to extend McAllister Drive from the intersection of Loch Lamond Road to Champlain Drive along the alignment of the future McAllister Drive Arterial, such project, when completed, to phase out the narrow bridge on Champlain Drive over the Silver Falls gorge, with the City's share of the cost estimated to be $100,000.00 which is included in the Transportation Capital Program, advising that the Province has indicated that it is ready to proceed and the City is completing the necessary land acquisition; also advising that a program to upgrade the joints on the two 24" watermains is warranted at an estimated cost of $20,000.00 as a leak repair in the new construction area would become a major operation, and recommending that the project for watermain rehabilitation at McAllister Drive Arterial, estimated at $20,000.00, be added to the 1984 Capital Program in the Water Utility, and further that a purchase order be placed in favour of McLennan Sales Ltd. for 24 bell joint leak clamps, in the low quoted amount of $9,900.00, all taxes included, be received and filed and the recommendation adopted. ... Councillor M. Vincent requested that staff prepare a position paper on the above matter in order to provide residents in the area concerned with responses to queries they may have in this regard. Mr. Armstrong, replying to a query of Councillor Vaughan, advised that the Province will not cost share the subject amount. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Canada Works Agreement - No. 6480 BE5, Fire Pre- Planning Information Program, which will provide funding for the employment of five students for eight weeks, on behalf of the City of Saint John. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. I , Consideration was given to a letter from the City Manager (copies of which were distributed to Council members at this time), submitting a copy o~ an agreement with Canada Employment and Immigration Commission outlining the conditions for the Law Students Recruits Program which provides law students with an opportunity to experience everyday police work. The letter advises that a total of three law students and an amount of $8,188.00 are involved in this short-term program which will commence in late May and terminate at ~be end of August. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the above agreement on behalf of the City of Saint John. ... Question being taken, the motion was carried. ~ ~r&~ On motion of Councillor 'Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager regarding the requests of Messrs. William Gessell and Thomas Swain to purchase property on Mark Drive, which were considered by Council on April 26 and May 7, respectively, advising that the Planning Branch has expressed the understanding that the subject 10-foot strip of land is part of a property that apparently is vested as land for public purposes and, although it is not improved, parts of the subject property should not be conveyed unless it can be demonstrated that the new use will provide a greater public benefit than is potentially possible by remaining under public ownership, therefore this Branch would not be in favour of the proposed sale, and recommending that, as it appears that this 10-foot strip of land is not needed for development of the lot, Messrs. Gessell and Swain be advised the land is not for sale at the present time -- be received and filed and the recommendation adopted. ... Councillor Knibb expressed the understanding that the City has recently been selling certain parcels of land which were previously reserved for community use when it was found that such land was not required for same and he asked for what purpose the above property will be used if it is not sold. Mr. Winch noted that, although it is possible for Council to approve this land sale, staff is suggesting that in this case it is not desirable to sell the land for the reasons as indicated and he advised that there is no plan for the use of same. I (Councillor M. Vincent re-entered the meeting during the foregoing discussion.) I Question being taken, the motion was carried with Councillors Knibb and Vaughan voting "nay". Read a letter from the City Manager regarding the request of Maria Richard for an easement with respect to property on Watson Street, which was considered by Council on March 26, 1984. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, an easement be granted to Mrs. Maria Richard to cover the encroachment of the buildings located on Lot 518, Brooks Ward on both St. James and Watson Streets, such easements to be for the life of the encroachments; that, before the easement is granted, a survey plan b~ prepared showing the encroachments in detail; that any surveyor legal expenses be the responsiblity of Mrs. Maria Richard; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. ... Question being taken, the motion was carried. Read a letter from the City Manager submitting a copy of the proposed new Building By- Law, which was given first reading by Council on September 13, 1982 with a report subsequently submitted to Council on February 14, 1983 by the Planning Advisory Committee and first reading given again, advising that the proposed by-law has been reviewed by the Saint John Construction Association and the Architects Association and changes made accordingly to accommodate their concerns; also advising that, as a result of the Legal Department's review, this by-law has been renumbered, reworded and given minor additions and deletions with a penalty section having been inserted, and recommending that, because of the lapse of time and the number of changes that have occurred as a result of these reviews, the readings be started again and the Planning Advisory Committee's recommendation again be requested, with Council to request the Building Inspector to review with this Committee the 'various significant changes in the by-law prior to third reading, and also recommending that the proposed Building By-Law be given one or two readings and referred to the Planning Advisory Committee for a report and recommendation and that Council hold a teach- in on the provisions of the proposed new by-law. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law Respecting The ... Construction, Repair And Demolition Of Build~ngs And Structures In The City Of Saint John", be read a first time. Read a first time the by-law entitled, "A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John". ,Councillor Vaughan suggested that a copy of the proposed by-law should be forwarded to the Saint John Non-Profit Housing Inc. for review prior to third reading of same. 1'-" Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law The Construction, Repair And Demolition Of Buildings And Structures In The City Of be read a second time. Respecting Saint John", Read a second time the by-law entitled, "A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above matter be referred to the Planning Advisory Committee for a report and recommendation and that Council hold a teach-in on the provisions of the proposed new by-law. Question being taken, the motion was carried. ... (Councillor Poley withdrew from the meeting. ) ~ JII""" ~ff-7 On motion of Councillor Vaughan ... Seconded by Councillor Schermerhorn RESOLVED that a copy of the proposed new Building By-Law be forwarded to the Saint John Non-Profit Housing Inc. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I Consideration was given to a letter from the City Solicitor regarding Common Council's request of May 14, 1984 for a legal opinion on the interpretation of the Community Planning Act and the Zoning By-Law with respect to an application from the owner of Saint John Marina Ltd. for an extension of the deck adjoining the building; expressing the opinion that, based on an examination of the material and decussions with Planning staff, the Planning staff, in view of the existing law, has arrived at a right interpretation in refusing to approve the application and that other provisions with respect to accessory uses and the power of the Planning Advisory Committee to grant variances are not relevant to the instant case, and suggesting that, if Council is desirous of allowing the expansion as proposed, Council may wish to consider amending the Zoning By-Law. On motion of Councillor Flewwelling I Seconded by Councillor Knibb RESOLVED that Council take whatever appropriate action is required to allow Saint John Marina Ltd. the right to widen its deck on the River, which is the east side of the building. Councillor Schermerhorn advised that, as he has not personally reviewed this matter and as it appears the above motion is contrary to the Zoning By-Law, he is unable to support the proposed motion. Discussion ensued during which time Councillor Vaughan asked if the expansion can be permitted without amending the Zoning By-Law to which Mr. Rodgers replied in the negative and noted that, because the law Council is proposing to change re~uires a public hearing, it would be unwise at this time to indicate what Council proposes to do, however this matter could be referred to the Planning Advisory Committee for a report and recommendation. Mr. Winch advised that there are implications involved in this matter of which Council should be made aware and discussion continued particularly with regard to the type of license involved insofar as the operation of the Marina is concerned. ... (The Mayor re-entered the meeting and assumed the chair and Councillor Poley re-entered the meeting during the foregoing discussion.) On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the above matter be referred to the Planning Advisory Committee for a report and recommendation. I Discussion continued regarding the length of time involved for the above report to be submitted to Council and whether or not advertising should be authorized with respect to a proposed Zoning By-Law amendment, as well as with respect to whether or not a variance could be approved in this instance. (Councillor Gould withdrew from the meeting during the foregoing discussion.) Question being taken, the referral motion was carried. (Councillor M. Vincent withdrew from the meeting.) Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Airport General Store Ltd. have been completed and that the required waiting period for objections expired on May 16, 1984 with no .Titten objections having been received. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that the application of Airport General Store Ltd. for a Municipal Plan amendment and re-zoning of property at 4105 Loch Lomond 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 June 25, 1984. Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. L. W. Thompson have been completed and that the required waiting period for objections expired on May 16, 1984 with no written objections having been received. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the application of Mr. L. W. Thompson for a Municipal Plan amendment and re-zoning of property next to 4105 Loch Lomond 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 June 25, 1984. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, May 14, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley and Schermerhorn, and your Committee submits the following recommendations, namely:- li.. "'IIIl ~~~ 1. That the City of Saint John guarantee the loan of the Cherry Brook Zoo of Saint John Inc. with the Bank of Montreal for a further term of one year: AND FURTHER that the Cherry Brook Zoo of Saint John Inc. be advised that the said guarantee ... will be phased out after one year and this group be encouraged to locate additional funding elsewhere. ~ 2. That with regard to the request of Mr. Roger Pelletier for financial assistance for the Acadian Festival, to be held in Saint John on August 15, 1984, a grant in the amount of $700.00 be approved. 3. That as recommended by the City Manager, a pilot program for visitors' parking validation, as outlined in the submitted letter from the City Manager dated May 10, 1984, be implemented. 4. That as recommended by the City Manager, approval be granted for a Committee of the 26th Battalion Overseas Club to construct a monument commemorating the sailing of the 26th Battalion from Saint John on June 13, 1915 within the landscaped area of Market Slip, with the City to contribute the base for such monumental boulder. I 5. That with regard to the request of the New Brunswick Division of The Canadian Red Cross Society for cost sharing of improvements on property adjacent to its new headquarters building on University Avenue, Common Council approve the recommendation of the City Manager that such improve- ments, in the estimated amount of $24,000.00, be carried out on a fifty-fifty cost-sharing basis with the Red Cross and, if such arrangement is satisfactory to this group, that the work be performed as soon as possible. I 6. That as recommended by the City Manager, approval be granted for the sale of the freehold interest in the property at 119 Mecklenburg Street, known as Lot 881 Dukes Ward, to the lessee, namely, Mrs. Margaret Stewart, for the price of $1,750.00, and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 7. That as recommended by the City Manager, authority be granted to renew the lease with the Province of New Brunswick for the rental of the former Police Station on Manawagonish Road for a further period of three years from January 1, 1985 to December 31, 1987, under the following terms and conditions, namely:- (1) the rental for this three-year period to be $21,000.00 per ... annum payable in advance; (2) that a clause be included permitting a renewal for a further period of two years at a negotiated rent; (3) that all other sections of the existing lease be included in the renewal with the exception of Section 21 which allows cancellation on one year's notice; (4) that a clause be included stating that the Province agrees to perform the work as outlined in the submitted letter, prior to December 31, 1984 and to the satisfaction of the Building Inspector; and further that the Mayor and Common Clerk be authorized to execute the documentation required to complete this transaction. 8. That as recommended by the City Manager, property on Simms Street, known as lots 31 to 36 as shown hatched on the submitted map, be sold to Acadia Contractors for the price of $14,000.00; that the deed contain a covenant that at least one house will be completed on the lot within a period of one year of transfer of title or the City may reacquire the property at the original purchase price; that title to the property will be transferred within 60 days of approval by Common Council; that the certified cheque for $1,200.00 be accepted as a down payment and be deposited in the City's account to be used as a partial payment on the purchase price; and that the Mayor and Common Clerk be authorized to sign any documents necessary to complete this transaction. I 9. That with regard to the request of the Letter Carriers Union of Canada, Local 6, Saint John, for financial assistance in hosting a banquet on the occasion of its national convention to be held in Saint John on September 7, 1984, a grant in the amount Of $1,000.00 be approved. lO. That as recommended by the City Manager, approximately 578 square feet of space on the southern side of the first floor of the Old City Hall building at 116 Prince William Street be leased to Jeremy Taylor, doing business under the name London House, under the following terms and conditions:- (1) the rental to be $300.00 per month payable in advance; (2) the lease to be on a month-to-month basis from June 1, 1984; (3) the rent to include heat, electricity, cleaning and maintenance of the entrance, common hall and washroom; (4) cleaning, maintenance and decorating of the rental space to be the responsibility of the lessee including garbage removal and window ... cleaning; and that the ,Mayor and Common Clerk be authorized to sign any documents required to complete this transaction. 11. That the request of Fundy Yachts Ltd. to lease property adjacent to the Millidgeville Ferry landing on Kennebecasis Drive for development as a marine docking/servicing facility, be denied. May 22, 1984 Saint John, N. B. (sgd. ) Respectfully subitted, Elsie E. Wayne, C h air man. I On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Murray I Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. (Councillor Gould re-entered the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. ... .... ,.... all$~ ... I I ... I ... I I ... Ir.. Mr. McDermott explained that it is proposed that the Parking Commission maps, which show off- street parking in the uptown area, will be stamped with a one-hour "welcome to Saint Johnll validation, such validated parking maps to be placed in various locations such as the Sydney Street and Reversing Falls tourist bureaus, Barbour's General Store, the Digby Ferry and the Provincial Tourism Information Centres, with all out-of-Province, non-commerical vehicles, as well as non-commercial vehicles from outside a 70-kilometre radius of the City, to be eligible as long as such visitors are registered at one of the tourist centres indicated, such program to commence June 15 and be in effect until Labour Day. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Councillor Knibb referred to Council's discussion in Committee of the Whole concerning the < recovery of a film on the 26th Battalion and Deputy Mayor Davis explained that this historic film, which was stored in the Common Clerk's Office, was made in 1915 and shows the 26th Battalion marching and training in the City prior to sailing from Saint John and he noted that this film, of which National Archives of Ottawa, Ontario, have made a videotape, will be shown during the June 13 reunion of the 26th Battalion The Mayor noted that Council will be given the opportunity to view this film at its meeting in Committee of the Whole on May 28, 1984. Deputy Mayor Davis suggested that, as the Market Slip area will probably be the site for various monuments, consideration should be given to placing same in an orderly fashion to which Mr. Armstrong replied that a meeting will be held on May 23 to choose the site for the above monument. Question being taken, the motion was ,carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. The Mayor noted that Saint John Co-operative Supply Depot Ltd. on Fairville Boulevard would like the same type of arrangement to which Councillor Poley expressed the opinion that the above arrangement differs somewhat from the said company's request to Council as this group in question is a charitable organization and the situation on the land concerned is somewhat hazardous while that on Fairville Boulevard, although it may be in poor condition asthetically, it is at least developed land. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that section 9 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 11 of the above report be adopted. Councillor Knibb expressed the opinion that, although the St. John River is attractive, Council has reservations with the above proposal. the concept of having a paddlewheeler on respect to the funding arrangements of Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the matter of proposed signs for Prince Edward Square, which was considered by Council at its May 14, 1984 meeting, recommending that the doorway signs be approved on the basis of the alternative staff suggestions as indicated in the submitted report from the Planning Branch and that the size and location of the freestanding sign be approved by staff based on further discussions with the applicant. Consideration was also given to a letter from Palmer, O'Connell, Leger, Guerette, solicitors for The Hardman Group Limited, managers of the Prince Edward Square Mall and Apartment Building, advising that the proposed tenant has reviewed the suggestions of Planning staff and has no objections whatsoever to accepting staff's recommendation insofar as the sign over each doorway is concerned; however, it appears that agreement cannot be reached with respect to the free-standing sign and the proposed tenant, 370 ~ who is a member of the Century 21 Real Estate Company, has stated quite clearly that, if the particular type of sign requested is not approved, this tenant will not be able to enter into the lease agreement with The Hardman Group Limited; requesting that Council consider adopting a resolu- tion allowing for the erection of the two doorway signs as proposed by staff and allowing for the ... erection of the freestanding sign as proposed by the applicant, and expressing the desire to make a presentation to Council in this regard at its May 22, 1984 meeting. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council approve the placement of doorway signs identifying Century 21/Clark- Sleigh Realty Ltd. at the east end of the Prince Edward Square Apartment/Office Building, on the basis of the alternative staff suggestions as indicated in the submitted report from the Planning Branch. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that Common Council approve the erection of a freestanding sign in the lawn area between Prince Edward Street and Prince Edward Square parking I lot, as requested by Palmer, O'Connell, Leger, Guerette, solicitors for The Hardman Group Limited, Managers of the Prince Edward Square Mall and Apartment Building. Councillor Schermerhorn noted the presence in the Council Chamber of the solicitor for the above-named company. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Palmer, O'Connell, Leger, Guerette, solicitors for The Hardman Group Limited, Managers of the Prince Edward Square Mall and Apartment Building, regarding the erection of signs to identify a proposed tenant, be received and filed. ... Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Master Plumbers Examining Board, the following applications for Master Plumber's Licenses be approved and 1984 Master Plumber's Licenses be issued:- Mr. Don McDonough, 117 Wiljack Street; Mr. Kevin Taylor, 183 Visart Street; Mr. Ed Gallagher, R. R. #1, Bain's Corner, St. Martins; and Mr. Ronald King, R. R. #1, Bloomfield, Kings County. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Paul LaPointe expressing the understanding that a parcel of land situated on the Loch Lomond Road, opposite McAllister Drive and between Silver Falls Church and Fire Station No.2, which was owned by the said Church, has been sold to the City of Saint John, and requesting to rent or lease this land in order to continue his business of selling seafood -- be referred to the City Manager for a report and recommendation. Deputy Mayor Davis asked if Mr. LaPointe would be in possession of a hawker and peddler's license and if there are any specific areas designated in the City for the location of mobile businesses of this nature to which Mr. Johnson expressed the understanding that Mr. LaPointe would not have such a license as the selling of food products does not require same and also that there are no designated sites where such businesses can locate. Councillor Murray suggested that staff should provide recommendations to Council with respect to regulations which could be put in place for such businesses and Mr. Johnson advised that he will prepare a report to Council with respect to hawkers and peddlers. Discussion continued particularly with respect to the site in question being a portion of the property required for the McAllister Drive Extension discussed earlier in this meeting. ... I (Councillor Murray withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Saint John Central Business Development Corporation requesting that the 12:00 o'clock midnight curfew be removed on all metered I parking areas in the uptown business area and suggesting that such curfew be 1:00 o'clock a.m. or later as many citizens patronize the uptown entertainment places of business, some of which do not close until after this hour -- be referred to the City Manager for a report and recommendation and discussion with the Parking Commission. Mr. McDermott advised that this matter has been reviewed and staff is of the opinion that there will be no difficulty in extending the hours until 1:00 o'clock a.m. from May 1 to November 30, however the midnight curfew should remain in effect during the months of December through April in order to allow for snow removal etc. (Councillor Murray re-entered the meeting during the foregoing discussion.) ... Question being taken, the motion was carried. ~ ,.... 3rl-1 On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the letter from the New Brunswick Heart Foundation expressing support in substance of the non-smoking proposal presented to Council by the Saint John Environment Committee and requesting Council to give further consideration to the passage of such a by- law in light of the facts submitted herein -- be received and filed. Her Worship the Mayor ~uestioned the propriety of ignoring the various studies performed with respect to health problems created by smoking and Councillor Flewwelling suggested that a by-law could be considered to control smoking in public places. I Question being taken, the motion was carried with the Mayor and Councillors Davis, Flewwelling and Gould voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Hubert P. McKenna, solicitor for Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., expressing opposition to the proposed amendment to section 9(5) of the Saint John City Pension Act as it does not provide for recognition of the 1983-1984 working agreement with the City; expressing the opinion that, if the Board of Trustees is able to impose long-term disability obligations and benefits, this would effectively undermine article 19:03 of the said agreement; requesting that, if the Board of Trustees is so empowered, any new or existing contracts be subject to such working agreement or that such contracts arranged by this Board be limited to non-union employees only, and further requesting that represent~tives of the said Association be heard by the Mayor and Council to clarify or rectify this specific matter and that such meeting be held prior to such proposed legislation being submitted to the Provincial Law Amendments Committee -- be received and the request to meet with Council be granted, such meeting to be held at the next meeting in Committee of the Whole. ... Discussion ensued during which time Deputy Mayor Davis, a member of the Board of Trustees of the Civic Employees' Pension Plan, expressed the opinion that there appears to be a lack of understanding by members of Local No. 61 of the Board's intent. Question being taken, the motion was carried. Consideration was given to a letter from Jean A. Hartlen, councillor of the Village of Hampton, concerning the Humphrey-Blackier Memorial Fund. Councillor Schermerhorn proposed a motion that the above matter be referred to the Mayor's Office. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that with regard to the letter from Jean A. Hartlen, Councillor of the Village of Hampton, submitting information explaining a project to be held on May 26, 1984 in memory of two local volunteer firemen who passed away after a recent fire in this Village, and requesting that, if possible, arrangements be made for a member of Common Council to meet the participants in this;Humphrey-Blackier Memorial Fund event, the proceeds from which will be used for the purchase of a defibrillator-monitor for the Dr. Robb Memorial Health Services Centre -- Council commend the Village of Hampton for this project and advise Councillor Hartlen' that a representative of the City will meet the participants at City Hall following their walk from Hampton to Saint John on May 26th. Question being taken, the motion was carried. Her Worship the Mayor commented briefly on a radio broadcast with regard to the 1983 Annual Report of the Planning Branch and the reference therein to three persons having left the City's employ. On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I Yk7 ~o-~f;~4' 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 May, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - ... Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; J. Brownell, Assistant Director of Recreation; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. lo. ""Ill ~1~ Reverend Lloyd Lake, Pastor of All Saints Anglican Church, offered the opening prayer. On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on May 22, 1984, be adopted. Her Worship the Mayor commented on a newspaper article concerning Saint John which appeared in the Saturday, May 26, 1984 edition of The Globe and Mail of Toronto, Ontario. The Mayor read a proclamation with respect to the week ending June 3, 1984 having been declared the Duke of Edinburgh's Award Week in New Brunswick and she urged all citizens to support the local group of the Duke of Edinburgh's Award in New Brunswick in their provincial financial appeal which will assist the young people of the Province to attain the objectives of this program. I The Mayor noted that The Honourable Romeo LeBlanc, Federal Minister of Public Works and Housing, and Mr. Michael Landers, M.P., were in attendance at the official opening of the Harbourside Apartments and Senior Citizens Housing at Market Square, and she also noted that The Honourable Minister made an announcement concerning the restoration of the Admiral Beatty Hotel as housing for senior citizens and the development of forty infill housing units in the South End of the City. Deputy Mayor Davis commented on the visit to Ottawa, Ontario, of Her Worship the Mayor on I Friday, May 25', 1984 to raise the Bicentennial flag on the national capital's staff as a signal of Saint John's triumph in winning the Great Canadian Participaction Day Challenge of May 16, 1984' between the City of Saint John and Ottawa. The Mayor expressed the understanding that the City will be presented with awards from both the Chairman of the National Great Participaction Day event and the Federal Government due to Saint John's having succeeded in having the largest percentage representation of its population participate in this event and she thanked the members of the Committee, under the chairmanship of Mr. Pat Rocca and the Y.M.C.A. for their efforts in co-ordinating this event for the City of Saint John. Her Worship the Mayor welcomed to the Council Chamber members of the 16th Girl Guide Company, Catholic Youth Organization, who are working on their citizenship badge, and briefly ... explained the Council meeting procedure. Her Worship the Mayor presented to Mr. S. Roy Kelly an Honour Certificate in recognition of his many years of service on The Power Commission of the City of Saint John, having served on this Commission from December 16, 1964 during which time he served as Vice Chairman for the period May 25, 1977 to February 1, 1979 and as Chairman until February 15, 1984. Mr. Kelly accepted this Honour Certificate with appreciation. Her Worship the Mayor welcomed to the Council Chamber recipients of awards under The Duke of Edinburgh's Award in Canada Program, such program representing a challenge from Prince Philip to all young people between the ages of 14 and 25, offering them opportunities for broadening their interests and experience under adult guidance and assessment through participation in a balanced program of practical, cultural and adventurous activities chosen to suit individual aptitudes and related to local needs and conditions. The Mayor and Councillor Knibb presented Gold Award Pins, representing the successful completion of the highest level of the Award Program, to the following persons:- Sean O'Hara, Forest Hills Group; Kim Hebert, 1691 Royal Canadian Army Cadet Corps; Susan Machum (absent), 1st Carleton Rangers 'Girls Guides of Canada; and Barry Walton, Independent. The Mayor noted that these persons will be presented with the parchment by a member of The Royal Family at a Gold Presentation Ceremony at some point in the future. I (Councillor Gould withdrew from the meeting.) Councillor Knibb requested that an item regarding signage for the Hilton Hotel, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor Knibb requested that an item regarding an increase in rent for tenants in the City Market building, which was considered in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the above item be added to the agenda for consideration at this meeting. Councillor Schermerhorn requested that the February 1984 report of the Regional Tourism Task Force to the Board of Directors of the Saint John Fundy Region Development Commission (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillor Gould re~entered the meeting.) ... ~ JlI"'" " 2l~3 ... The Common Clerk advised that the necessary advertising was completed with regard to (a) amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, by redesignating a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 square feet and located at the southwest corner of Adelaide and Newman Streets, from High Density Residential to Commercial classification, and (b) to re-zone the same parcel of land from "RM-2" High Rise Multiple Residen- tial to "B-1" Local Business classification, to permit the establishment of a take-out restaurant, as requested by Mr. William Oliver, and that no written objections were received in this regard. Consideration was also given to a letter from the Planning Advisory Committee recommending that the above property be redesignated to Commercial in the North End Neighbourhood Plan and be re-zoned to "B-1" Local Business classification. I Mr. Brian Mosher, solicitor for Mr. William Oliver, appeared before Council in support of the above application and advised that the building on the subject property has been renovated to a considerable extent by Mr. Oliver who expended over $20,000.00 renovating two apartments therein and that it is now Mr. Oliver's wish to place a small take-out restaurant on a portion of the ground floor of this building to cater mainly to the school children of the area concerned and that mainly a daytime service will be provided in this regard. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to redesignate a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 square feet and located at the southwest corner of Adelaide and Newman Streets, from High Density Residential to Commercial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. ... On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to redesignate a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 s~uare feet and located at the southwest corner of Adelaide and Newman Streeis, from High Density Residential to Commercial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concerns re-zoning a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 square feet and located at the southwest corner of Adelaide and Newman Streets, from "RM-2" High Rise Multiple Residential to "B-1" Local Business classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. ... On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concerns re-zoning a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 square feet and located at the southwest corner of Adelaide and Nemnan Streets, from "RM-2" High Rise Multiple Residential to HB_I" Local Business classification, be read a second time. I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. I Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land containing approximately 9 acres, with a frontage of 275 feet and a depth of 922 feet, located on the northern side of Golden Grove Road approximately 1,800 feet east of the Churchland Road intersection (L.R.I.S. Number 469551), from Rural to Light Industrial classification, to allow re-zoning of the parcel to "I-l" Light Industrial classification so that it could be used for manufacture and storage of wooden pallets, as requested by Mr. Malcolm O. Cosman, C & K Trucking Ltd. ... Notice had been sent to H. Ruth Hanson and Margaret Knight Hanson, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee, to appear at this meeting to show cause, if any, why the garage located at 13-15 Wellington Row (L.R.I.S. Number 37788), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the subject property and noted that this is unusual in that only the garage and part of the rear stairs of the building are fire-damaged, with the structure being approximately 90% destroyed, and he stated that this two-storey woodframe garage is dangerous and dilapidated, and he would .... ~~ ~ and dilapidated and the owners be compelled to the 1925 Building Act. No person was present recommend that the said building be declared dangerous destroy or remove the building under the provisions of with respect to the said building. ... On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that notice having been given to H. Ruth Hanson and Margaret Knight Hanson, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the garage located at civic number 13-15 Wellington Row (L.R.I.S. Number 37788), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said garage located at 13-15 Wellington Row, in the said City, to be dilapidated and dangerous: I AND BE IT FURTHER RESOLVED that the said H. Ruth Hanson and Margaret Knight Hanson, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee, are hereby required to remove or destroy the said garage situate at civic number 13-15 Wellington Row, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: I AND BE IT FURTHER RESOLVED that upon failure of the said H. Ruth Hanson and Margaret Knight Hanson, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee, to remove or destroy the said garage situate at l3-15 Wellington Row, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said H. Ruth Hanson and Margaret Knight Hanson, Mortgagor and Niagara Realty of Canada Limited (now known as Continental Bank Realty Corporation) Mortgagee. Question being taken, the motion was carried. The Mayor requested that her letter regarding a reception for Mr. Steve Fonyo be withdrawn ... from the agenda, such item to be considered at another time when further information has come forward. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the above-mentioned letter be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould I RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. Ken Clark of Atlantic Association of Broadcasters requesting that the City sponsor , _ a breakfast on September 29 during the 1984 Convention of the Atlantic Association of Broadcasters -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the February 1984 report of the Regional Tourism Task Force to the Board of Directors of the Saint John Fundy Region Development Commission be referred to the Saint John Tourism Advisory Committee. Question being taken, the motion was carried. ... On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt May 17-23, 1984 $7,112.34 Question being taken, the motion was carried. On motion of Councillor Schermerhorn III Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Allison Grounds & Shamrock Park Eastern Fence Limited Construction of backstops and fencing Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated May 22, 1984 Final holdback release $19,428.51 17,627.88 Nil l4,633.50 $ 2,994.38 I Question being taken, the motion was carried. ... ~ JlI"'" ~n~ On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Mr. Roger Clowater, in the amount of $1,255.00, be accepted to operate a canteen concession at Mispec Park. Mr. Brownell, replying to queries of Councillor Murray, advised that the above tenderer did not operate the subject canteen in 1983, however the same type of food service will be operated. Acting Chief Breen confirmed that Mr. Clowater, who is a member of the Saint John Police Department, has been given permission in accordance with the rules and regulations of this Department to enter into the subject tender. I Question being taken, the motion was carried. On motion of Councillor Knibb Fairville supply of Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the tender of Department Stores at the prices quoted, being the lowest tender received, be accepted for the work clothing on a consignment basis until May 31, 1985. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Contract 84-2, Golden Grove area sewer renewals, be awarded to the low tenderer, Dean Construction Ltd., in the amount of $69,934.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. ... Mr. Armstrong, replying to a query of the Mayor, advised that an apparent sewage problem above the Westermorland Road intersection beyond the present limits of the City's sewer, which will require a fair sized extension, is being reviewed and costed following which a report will be submitted to Council. Councillor A. Vincent asked the identity of the principle owner of the above company and whether this company has performed at least three projects of the size in question to which Mr. Armstrong replied that the tender is signed by Mr. Doug Smith with a Saint John post office box address given and that this contractor has quoted projects in his tender brief, three of which were City projects. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the submitted letter and application for grant assistance from the Saint John Youth Hostel Inc. for the operation of the hostel during the 1984 summer season, be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement with Employment and Immigration Canada with respect to contract number 6491 BE2, which will provide assistance to the City for 72 work weeks to conduct a minimum standards survey commencing at the end of May and continuing until the period is exhausted, the total amount of the project being $19,779.00 with the Federal contribution being $13,339.00 and the remaining $6,440.00 being the municipal contribution. ... The Mayor asked if the matter of summer student hiring by the City has been resolved insofar as Local No. 18 is concerned to which Mr. McDermott replied that he has received no notification from the Personnel Department to date which would indicate that this matter has been resolved. The Mayor suggested that the City Manager keep her informed in this regard in the event that a meeting may be necessary to discuss this matter. Question being taken, the motion was carried. I Reverend Christopher Pratt, Rector of Trinity Anglican Church, 115 Charlotte Street, appeared before Council to present a petition on behalf of the merchants and property owners of the Trinity Block, that being the area of Charlotte Street between King and Princess Streets, requesting that the Charlotte Street renovation project be expanded to cover the said area. Reverend Pratt suggested that, as the City appears to consider this area significant enough to be promoted having made it part of the Loyalist Walk program and utilizing the Trinity Church as the cental locale for the Summer Sounds program, this area deserves Council's consideration and support for development. Reverend Pratt noted that the Charlotte Street redevelopment proposal will interfere with the economic life of the businesses situated between the Odeon Theatre and the corner of Charlotte and Princess Streets on two occasions, one being when the project is undertaken, the other being during the completion of the project from the Theatre to the said street corner should the latter be undertaken by the City at some future date. Reverend Pratt also suggested that Council has three alternatives as follows:- (1) to continue the present plan, to which this delegation is strongly opposed; (2) to decide to develop the entire block of Charlotte Street from King to Princess Street now, which is the proposal this delegation would favour; and (3) to withhold 'development of the Charlotte Street block as an entire block pending the availability of funding to develop the entire Charlotte Street area as a whole, this alternative also being favourable to the delegation. I ... Discussion ensued regarding the above matter during which time Mr. Armstrong explained the rationale used to determine the particular place to terminate the Charlotte Street redevelopment project at this time and he advised that, although he has not had an opportunity to estimate the cost concerned should Council decide to comply with the above delegation's request to extend the redevelopment project, any further delay in the project, as well as lengthening it, could pose problems in view of the merchants' concern about business interruption during the period of September and October. Discussion continued concerning the possible scheduling of the additional work requested and the timing of the redevelopment project previously approved, the latter to which Mr. Armstrong advised that an attempt will be made to encourage as much as possible working after business hours to minimize the amount of interference to pedestrian and vehicular traffic and to maintain accessibility to the businesses concerned. Deputy Mayor Davis proposed a motion that an extension of this project be referred to staff for costing, an estimate ~ 37tID ""lIIl of the period of time to perform such work, as well as to review an appropriate street and sidewalk style commencing with the Trinity Church which is within the heritage area of the City whereupon the Mayor noted that Council will consider a motion on this matter later in the meeting. Mr. Armstrong, replying to a query of Reverend Pratt, advised that he anticipates no problem with respect to connecting new sewer lines to the old sewer lines already in place, however there could be difficulty connecting the water main in the subject area. The Mayor thanked Reverend Pratt for his presentation. ... Consideration was given to a letter from The Saint John Bicentennial Inc. regarding the celebration of the Provincial Bicentennial. Councillor Knibb noted the presence in the Council Chamber of Mr. Alex P. (Sandy) Gregory, Chairman of the Bicentennial Weekend Committee, and suggested that he be invited to address Council in this regard. On motion of Councillor Poley I Seconded by Councillor Schermerhorn RESOLVED that Mr. Gregory be invited to address Council at this time. Question being taken, the motion was carried. I Mr. Alex P. (Sandy) Gregory addressed Council and noted that the Bicentennial Ball is scheduled to commence at 7:00 o'clock p.m., rather than 8:00 o'clock p.m. as indicated in the above letter, and that at 11:00 o'clock a.m. on Sunday a Bicentennial Service will be held at the Trinity Church and at 7:00 o'clock p.m. on Sunday there will be a rock concert at Barrack Green, the latter two activities having been omitted from the above letter. The Mayor asked Mr. Gregory if he is aware of any decision having been made with regard to an official stamp in commemoration of the Provincial Bicentennial as it is her understanding that an announcement in this regard was made in the House of Commons recently to which Mr. Gregory replied in the negative. On motion of Councillor Knibb ... Seconded by Councillor Schermerhorn RESOLVED that the letter from The Saint John Bicentennial Inc. submitting details of plans for celebrating the Provincial Bicentennial for the period June 16 to 18, 1984, noting that such activities have been planned and organized by the said group with the funding, where necessary, being from a grant from the New Brunswick Bicentennial Commission which, in turn, is funded by the Provincial and Federal Governments, and requesting that Council approve such plans and give permission to the Police, Fire and Works Departments to assist in this group's efforts -- be received and Council endorse the plans for celebrating the Provincial Bicentennial and commend Mr. Alex P. (Sandy) Gregory, Chairman of the Bicentennial Weekend Committee, for his efforts in this regard. Question being taken, the motion was carried. Consideration was given to a letter from The Saint John Bicentennial Inc. regarding the adoption of an official heritage hat. I A brief discussion ensued regarding the cost of a tricorn hat as well as an appropriate head covering which could be worn by women. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from The Saint John Bicentennial Inc. recommending that Common Council adopt the tricorn hat as the official heritage hat of the City of Saint John, which would not only give the hat official status but would be an encouragement to make the City more visible to visitors and to citizens visiting other areas thereby stimulating the Provincial Bicentennial as well as the forthcoming 1985 City observance -- be received and filed and the recommendation adopted. ... Question being taken, the motion was carried. Read a letter from the Saint John Environment Committee concerning the enactment of a by- law to govern the fouling of property by dogs, which was previously considered by Council. A motion was proposed by Councillor Murray and seconded by Councillor Knibb that the above letter be received and filed, however this motion was withdrawn following Councillor Poley's suggestion that Council should refer this letter to the City Solicitor as requested therein for review of same. On motion of Councillor Schermerhorn I Seconded by Councillor A. Vincent RESOLVED that the letter from the Saint John Environment Committee advising that it has reviewed the City Solicitor's report to Council of March 26, 1984 concerning the enactment of a by-law to govern the fouling of property by dogs, suggesting that all the powers of the City are not contained in the Municipalities Act and that there are a number of Acts which could empower the City to control nuisances and, if after further deliberation, the City Solicitor reports that the only power the City has is in the said Act, then it seems reasonable that representation should be made immediately for changes in same as many of the City by-laws would then probably be ultra vires, and recommending that, as the question of controlling feces is still a growing problem, this matter be referred to the City Solicitor for a further review and report -- be received and filed and the recommendation adopted. I Councillor Vaughan asked who would enforce such a by-law as that proposed above and from what source funding would be provided to engage such person. Question being taken, the motion was carried with Councillors Knibb and Vaughan voting ... "nay". ~ ,.. 't.~7 On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that the letter from Mr. Louis E. Murphy, M.L.A.-Saint John Harbour, requesting consent at the Municipal level for removal of the Harbour Bridge tolls for funeral processions -- be received and Common Council support Mr. Murphy's proposal for removal of the Harbour Bridge tolls for funeral processions. Councillor Knibb, a former member of the Saint John Harbour Bridge Authority, expressed opposition to the abQve motion as, in his opinion, to make an exception in one case could lead to many exceptions being made and furthermore Saint John is not the only City to charge tolls for the use of a bridge of this calibre. I Question being taken, the motion was carried with Councillors Davis, Knibb and Murray voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Kings Unit of the Canadian Cancer Society expressing the opinion that, in view of the danger that smoking presents to both the user and non-user, a step towards regulation of smoking would be a positive approach and requesting that Council once again give serious consideration to the enactment of a smoking control by-law to limit or regulate smoking in public places -- be received and filed. Question being taken, the motion was carried with the Mayor and Councillors Davis, Gould and A. Vincent voting "nay". On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Heather Erb Campbell, Chairperson of the Emergency Advisory Committee, submitting for Council's approval the terms of reference for the said Committee -- be received and the said terms of reference be approved. Question being taken, the motion was carried. Consideration was given to a letter from the Saint John Council of Women submitting copies of correspondence from Mr. Brian Hancox regarding the Saint John Exhibition Association. I Councillor Schermerhorn proposed a motion, which was seconded by Councillor Knibb, that the above letter be referred to the Mayor's office for discussion with the Exhibition Association, however this motion was withdrawn following discussion during which time Mr. Rodgers expressed the opinion that, although there is nothing wrong in referring the general matter to the Mayor's office for discussion between Council and the Association, the above correspondence includes statements which he would suggest should be referred to the said Association for response rather than involve the Mayor or Council in what could appear to be an investigation of this matter. The matter of Council representation on the Association was broached and Councillor Vaughan noted that she has been asked to serve on the Board as a non-voting member. On motion of Councillor'Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Council of Women expressing the opinion that, although it is not in a position to support or dispute claims made in the submitted copies of correspondence from Mr. Brian Hancox regarding the Saint John Exhibition Association, the subject matter of same was deemed quite interesting and deserving of investigation, and urging that Common Council take action to have the administration and operation of this Association reviewed -- be referred to the Saint John Exhibition Association for reply: AND FURTHER that the matter of a Council representative on the Association's Board be referred to the Mayor's Office. ... Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the petition from the merchants 'of Charlotte Street Trinity Block for an extension of the Charlotte Street renovation project be referred to the City Manager for consideration, ~osting and possible scheduling. A brief discussion ensued during which time the Mayor clarified that staff is to proceed with the project previously approved by Council and in the interim is to prepare a cost estimate of the proposal presented at this meeting. Question being taken, the motion was carried. I Read a letter from Civic Employees Local Union No. 18, C.U.P.E., opposing the proposed Pension Act amendment wherein the Board of Trustees would be empowered to purchase a private long-term disability plan which would result in members of this Union being denied disability benefits under section 9(5) of the City of Saint John Pension Act on the basis that such change would mean that pension premiums paid by Union members into the pension fund were contributed under false pretenses, and requesting that the proposal to allow the Board of Trustees to purchase a long-term disability plan be deleted from the proposed amendments or be clarified so that it applies to non-union employees only. Consideration was also given to a letter from the Saint John Fire Fighters' Association, Local Union No. 771, (copies of which were distributed to Council members at this time), expressing opposition with respect to the proposed changes in the long-term disability clause within the City's pension plan. On motion of Councillor Davis ... Seconded by Councillor Schermerhorn RESOLVED that the proposed amendment to The City of Saint John Pension Act with regard to the possibility of the Board of Trustees providing disability benefits under a group long-term contract, be deleted from the legislation to be presented at the current session of the New Brunswick Legislature: AND FURTHER that Mr. Daryl Wilson, Treasurer of the Board of Trustees of the Civic Employees' Pension Plan, continue to discuss with the civic union members the Board's position in this matter. lo. 378 -...... Councillor Murray expressed opposition to the above motion on the basis that further discussion with the unions concerned could possibly resolve this matter. Mr. Wilson, replying to a query of the Mayor, noted that there is a concern that to delay the above matter at this time in order to hold further discussion with the unions could jeopardize the other proposed amendments to the Pension Act. During ensuing discussion, Mr. Wilson explained the nature of the long-term disability proposal and the benefits to be derived therefrom. ... Question being taken, the motion was carried with Councillors Gould and Murray voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Sunrise Contractors Ltd. for re-zoning of property on Loch Lamond Road be referred to the Planning Advisory Committee for a report and recommendation and that authority be granted for advertising in this regard, with the public hearing to be held on July 9, 1984. I (Deputy Mayor Davis withdrew from the meeting.) Question being taken, the motion was carried. Consideration was given to a letter from The Rocca Group Market Square Development Limited regarding signage for the Hilton Hotel additional to that previously approved by Common Council, advising that a,stop work order was issued by the City with regard to the erection of this additional signage; expressing the understanding that, although the Planning Branch has recommended approval of this additional signage, the matter will not be presented to the Planning Advisory Committee until May 29, 1984 and requesting, if at all possible, to have all of the signage in place by the Hotel opening date of June 1, 1984. I On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that, subject to approval by the 'Planning Advisory Committee, , Common ,Courw,i1 capprove',':the ::er.ection~:Qf' the.' above-mentioned signage on the Hilton HoteL ... Mr. Rodgers expressed the opinion that Council can approve the above matter, without the approval of the Planning Advisory Committee, by amending the subject agreement to approve the signage in Market Square. (Deputy Mayor Davis re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that Common Council authorize a 15% increase of all existing rents in the City Market building, effective July 1, 1984, with an additional increase of 15% to be effective June 1, 1985. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor Knibb proposed a motion, which was seconded by Councillor Gould, that an item regarding bleachers for Tattoo 200, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda for consideration at this time, however the Mayor requested that, as other arrangements have been made in this regard, this matter not be considered at this time and the proposed motion was withdrawn. Councillor Vaughan noted that a local baseball team and two local persons were awarded New Brunswick Moosehead Sports Awards at a banquet on May 26, 1984 which was sponsored by Sport New Brunswick, Moosehead Breweries and the Department of Youth and Recreation, as follows:- Saint John Dodgers Baseball Team, which won the 1983 national senior baseball championship, was named the team of the year; Miss Monica Hitchcock, captain of the Canadian women's volleyball team, was named female athlete of the year; and Mr. Mike Butler, Canada's number one badminton player, was named male athlete of the year. ... The Mayor noted that Council will meet in the 8th floor boardroom of City Hall at 8:30 o'clock a.m. on Friday, June 1, 1984 prior to the hearing of Mr. J. Claude MacKinnon, which is scheduled for 9:00 o'clock a.m. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Yhal~Et:fad I ... ~ ,.... ~?~ At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eleventh day of June, A.D. 1984, at 7:00 o'clock p.m. ... present Samuel Davis, Esquire, Deputy Mayor Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - a.nd - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commis- sioner of Engineering; M. Zides, Commissioner of Community Planning and Development; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; W. D. Todd, Executive Director of Housing; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. I Reverend Seth Crowell of Forest Hills United Baptist Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on May 28, 1984, be adopted. Question being taken, the motion was carried. ... A brief discussion ensued during which time Deputy Mayor Davis and Councillor Flewwelling, who attended with Mayor Wayne the Federation of Canadian Municipalities convention in Winnipeg, Manitoba from June 3 to 7, 1984, commented on the business proceedings which occurred at this convention. (Councillor A. Vincent entered the meeting during the foregoing discussion.) Public presentation was made of a proposed Municipal Plan amendment to redesigna.te a parcel of land at 46 Station Street (L.R.I.S. Number 40014), having a width of approximately 108 feet and an area of 6411 square feet and located on the south side of Station Street, from High Density Residential to Heavy Industrial classification; to allow re-zoning of the parcel from "B-2" General Business to "I-2" Heavy Industrial classification, which will permit the continued operation of a new and used goods business and also permit the issuance of a salvage dealer's license, as requested by John Beal & Co. Ltd. I Deputy Mayor Davis noted the presence in the Council Chamber of Messrs. R. Neatham and L. Farrell, who will make representation to Council on behalf of the Saint John Central Business Development Corporation and Calp's Limited, respectively, regarding the proposed starting date for the Charlotte Street improvements. Consideration was also given to a letter from the City Manager regarding the Charlotte Street reconstruction project and the presentation made with respect to same on behalf of the merchants and property owners of the Trinity Block at Council's meeting of May 28, 1984, commenting on the three proposals suggested during the said presentation. ... Mr. R. Neatham addressed Council regarding the concern of the Saint John Central Business Development Corporation with respect to the delay of the upgrading of Charlotte Street as the proposed commencement date of July 15, 1984 will mean that such project will not be completed until mid-October thereby depriving many of the members of this Corporation, who did their buying and promotion work based on an early commencement date of between May 15 and June as previously discussed with City staff, of the benefits to be derived from the fall business season which is one of the most important seasons of their year. Mr. Neatham requested that every consideration be given to the earliest possible commencement date for the Charlotte Street improvement project and that the work concerned be performed in double shifts so that a major part of this project can meet a September 1 deadline as this will enable the merchants concerned to take advantage of the fall season. Mr. Neatham advised that the said Corporation also favours, in principle, the continuation of the Charlotte Street redevelopment to Princess Street, which was proposed by the merchants and property owners of the Trinity Block, on the condition that this would not interfere with the commencement of the present plan. I Mr. L. Farrell addressed Council on behalf of Calp's Limited and expressed concern with the delay in construction until mid-July of the Charlotte Street renovations. Mr. Farrell requested Council's support in expediting the subject project, particularly in view of this store's sales and promotional, personnel and inventory plans having been based on an early commencement date in Mayas was previously anticipated when discussions were held with City staff in this regard. Mr. Farrell requested that the renovation project "commence without undue delay and be kept on schedule and that the City Manager set both the date of commencement and date of completion of the subject project. Mr. Farrell asked what steps will be taken by the City to minimize disruption to businesses on Charlotte Street as, based on experience to date, there is a feeling of uneasiness by those concerned. ... Mr. McDermott pointed out that the City has been concerned about the delay in the commencement of this project and that a date for same should be determined in the near future, however, with respect to the completion date of the project, this can only be estimated as there is no control over such elements as the weather and that staff will attempt to proceed with this project as soon as and as effectively as possible. Mr. Armstrong noted that, as indicated in the above letter from the City Manager, it is the intention of staff to advertise the tender for this project this week and that the results thereof should be available for Council's consideration at its first meeting in July. Discussion ensued regarding staff discussions with members of the Central Business Development Corporation with respect to the timing of this project and the printing of the drawings for same and Mr. Armstrong noted that it was the 'intention to commence this project as early as possible and that this is as early as staff can be with same, and also noted that it would cost an additional $370,000.00, rather than $560,000.00 as indicated in the above letter, to cease the work at King Street. The possibility of requesting the contractors concerned, either as part of the tender call or upon award of such tender, to double the shift work and/or schedule certain aspects thereof during the off- business hours was broached and Councillor Knibb suggested that, in view of July 2, 1984 being a public holiday, Council should ensure that it meets on Tuesday, July 3, 1984 in order to consider the results of the tender as early as possible. Councillor A. Vincent suggested that a committee of Council and staff should meet with the contractors and unions concerned, through the Saint John Construction Association, in an attempt to negotiate a "hardship" agreement to avoid the necessity of paying overtime for double shift work. I ll.... 380 ""IIIl On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Central ... Business Development Corporation regarding the proposed starting date for Charlotte Street improvements be received and filed and the Corporation be thanked for its presentation in this regard. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Council confirm the present scope of the work on Charlotte Street and refer the request for additional upgrading of Charlotte Street, between King Square South and Princess Street, to the Capital Budget Committee for future consideration. I Question being taken, the motion was carried. Mr. Michael Mabey, Chairman of the Saint John Preservation Review Board, appeared before Council to present the Trinity Royal Streetscape Guidelines (copies of which were previously distributed to Council members), and noted that the technical report thereon is part one of the study and stressed that such guidelines are not proposals for redevelopment, nor is there any specific timeframe attached I due to recognition of budgetary constraint, however, as funding becomes >available for improvement or redevelopment of an area covered by these guidelines, the subject guidelines should be used for such purpose. Mr. Mabey advised that the streetscape guidelines, in conjunction with the 1981 Trinity Royal implementatin plan, should serve as the basis for any long-term planning by the City in the Trinity Royal area and he noted that these guidelines cover four main sections, those being Prince William Street and national historic streetscape site, the commercial district, the pedestrian lines and the residential district. Mr. Mabey also noted that it is stressed that, where possible, granite curbs should be retained as these are part of Saint John's history. Councillor Knibb questioned the status of the distinctive street signage for the Trinity Royal area, which was discussed at a previous meeting of Council, to which Mr. Armstrong replied that ... an attempt is being made to devise a pattern and scheme so that such signs can be constructed by City staff and erected in the entire area prior to the end of the summer months. A motion was proposed by Councillor Gould and seconded by Councillor Knibb that this matter be referred to staff for review and report whereupon Councillor A. Vincent noted that Council normally renders a decision on such presentations later in the meeting. Deputy Mayor Davis thanked Mr. Mabey for his presentation and advised that Council will consider this matter later in the meeting. Consideration was given to a letter from the City Manager referring to Council's approval at its meeting of April 30, 1984 of the City's contribution of $1.5 million towards the final settlement proposal of $12.5 million with respect to Market Square and authorization for the Mayor and Common Clerk to execute the Additional Governmental Contribution Agreement subject to the approval of the City Solicitor as to legality and form, advising that the Additional Funding Agreement between The Market Square Corporation and The Rocca Group Market Square Development Limited has now been finalized, such I Agreement setting out the provisions tied to the approved additional funding with the releases and changes to the other documents required as a condition to the additional funding being set out as appendices to the said Agreement as summarized herein. Councillor Knibb noted the presence in the Council Chamber of members of The Market Square Corporation and suggested that Mr. Thomas McGloan, Chairman of this Corporation, should be invited to address Council regarding the above matter. On motion of Councillor Knibb this time. Seconded by Councillor Poley RESOLVED that Mr. Thomas McGloan be invited to address Council at Question being taken, the motion was carried. ... Mr. McGloan addressed Council and 'noted that Council's approval is being requested with respect to amendments to certain leases at Market Square, namely the leases for the Parking Garage, the Trade and Convention Centre, the Library and the Central Building Complex Head Lease. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, the Mayor I and Common Clerk be authorized to execute the following documents as and when the same are required under and pursuant to the terms of the Additional Funding Agreement relating to the Market Square Development and entered or to be entered into between The Market Square Corporation (MSC) and The Rocca Group Market Square Development Limited (Rocca):- (i) Amending Agreement in respect of Central Building Complex Head Lease, made between MSC, Rocca, the City and Centennial Leaseholds Limited (Centennial); (ii) Amending Agreement in respect of Library Lease made between Rocca and the City; I (iii) Amending Agreement in respect of Parking Garage Lease made between Rocca and the City; (iv) Amending Agreement in respect of Trade Centre Lease made between Rocca and the City; (v) Release made between the City, MSC, Rocca and Centennial: AND FURTHER that the City of Saint John consent to MSC entering into the said Amending Agreement in respect of the Central Building Complex Head Lease. ... Question being taken, the motion was carried. ~ ,..... '.~g:il On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne advising of a recent inquiry from a resident of Magazine Street asking if the overhead power lines in the area are going to be removed, also advising that, although conduit exists to provide for the eventual removal of these local power lines, 'there are no funds available at the present time, and recommending that this matter be referred to the Capital Budget for future consideration -- be received and filed and the recommendation adopted. I Councillor Knibb expressed opposition to the above motion on the basis that Council's first obligation is to projects within the downtown core of the City. Councillor A. Vincent suggested that, if metered parking were installed in the Magazine Street area, the revenue from same could assist in defraying a portion of the cost associated with the removal of the power lines. Question being taken, the motion was carried with Councillors Knibb, Poley and A. Vincent voting "nay". On motion of Councillor Poley I Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Poley submitting a copy of a letter which he forwarded to The Honourable Richard B. Hatfield, Premier of New Brunswick, regarding the forthcoming visit to New Brunswick by Her Majesty The Queen and The Duke of Edinburgh, be received and filed. Councillor Poley expressed the opinion that Saint John should have been. included in the itinerary for a visit by Her Majesty The Queen and The Duke of Edinburgh and that the purpose of placing the above letter on the agenda is to encourage other members of Council and members of the general public, who share this opinion, to forward letters to the Premier. Question being taken, the motion was carried. On motion of Councillor A. Vincent ... Seconded by Councillor Poley RESOLVED that the Common Council of the City of Saint John forward a letter to the Prime Minister of Canada, the Lieutenant-Governor of New Brunswick and the Premier of New Brunswick requesting that those persons in charge of the itinerary for the forthcoming visit of Her Majesty The Queen and The Duke of Edinburgh to New Brunswick, reconsider the matter and place the City of Saint John on the subject itinerary. Question being taken, the motion was carried. I Consideration was given to a letter from Councillor Knibb regarding a proposal issued during the past week by Maritime Nuclear for Lepreau II, expressing the opinion that, although Council may be reluctant to pass a resolution without seeing the details of the proposed second nuclear power generator to be located adjacent to the existing one at Point Lepreau, Council should go on record as being supportive of such proposal as the performance record of Lepreau I has been impressive in terms of both safety and productivity and much-needed employment will be provided for the construction industry of Saint John as some two hundred new permanent jobs will be created by Lepreau II, and as well more electrical power in the area will be available for the industrial growth of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the Common Council of the City of Saint John go on record as supporting the building of a second nuclear generator at Point Lepreau and that Maritime Nuclear be requested to provide information on this proposal to the City. Question being taken, the motion was carried. ... Read a letter from Councillor Knibb noting that he undertook to cover the cost of a wine and cheese reception which was held in the Red Room of City Hall for the Canadian Association for the Social Studies on May 9, 1984, however as far as the conference was concerned this function was a City Hall reception with Her Worship the Mayor acting as hostess. The letter suggests that, in view of the $905.00 cost of this reception, it would be helpful if the City would undertake officially to sponsor this event so that his cheque in the said amount may be made payable to the City. Councillor Knibb noted that, although it was not his intent to make the above matter public, in view of the amount of the invoice, it is important for him to obtain an official receipt from the City for income tax purposes. I On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the City of Saint John sponsor the wine and cheese reception for the Canadian Association for the Social Studies, held on Wednesday, May 9, 1984, the cost of which has been covered by an individual ,Councillor. Question being taken, the motion was carried. I Consideration was given to a letter from Councillor Murray requesting the opportunity to address the subject of a civic centre or sportsplex at this meeting of Council and expressing the opinion that it is time that Council initiate steps so that, when funding is in place, an immediate start on such a facility could be initiated. Councillor Murray suggested that, in view of the somewhat negative connotation attached to the name sportsplex or civic centre, it be named Saint John Place. On motion of Councillor Murray ... Seconded by Councillor M. Vincent RESOLVED that Her Worship the Mayor be requested to appoint a citizens committee to, along with staff, investigate the following three areas of concern with respect to the construction of Saint John Place:-(l) the location on which to construct such a facility; (2) the building requirements insofar as the type of facility required for Saint John and the contents of same are concerned; and (3) suggested funding, when and where available, with such committee to be put in place as soon as possible and report to Council by October 1, 1984. ..... 3a~ ~ During discussion, Councillor Poley expressed the oplnlon that, with a Federal election anticipated in the near future, the City should show a commitment with respect to its plans in order to make approaches to other levels of government for funding and Councillor A. Vincent suggested that the site of the former Union Station off Station Street should be considered as the location of Saint John Place. Councillor Knibb, while indicating his support of the above motion, noted that approaches have been made to the other levels of goverment by The Bi-Capitol Project Inc. for funding with respect to the restoration of the former Capitol Theatre, and by the City for the City Market renovation project, therefore the City should not expect to receive funding for all such projects simultaneously. ... Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended be granted for payment of the following invoices, namely:- Steele Trucking Ltd. - supply of gravel May 16-31, 1984 Stephen Paving (1982) Ltd. - supply of asphalt May 28-30, 1984 - supply of asphalt May 31-June 6,1984 I by the City Manager, authority $ 5,118.80 6,042.60 $18,53l.60 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager submitting a copy of a joint I letter from Mr. D. Wilson, Commissioner of Finance, and Mr. J. Gallagher, Chief Accountant, recommend- ing that Common Council approve the release of the full amount of the holdback, in the amount of $84,636.27, for work performed at the Rockwood Court housing units. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council approve the release of the full amount of the holdback, in the amount of $84,636.27, to Norman W. Francis Limited, for electrical work carried out by this firm at the Rockwood Court housing units. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Common Council approve the purchase of replacement parts for the Hazen Creek Sewage Treatment Plant shredder from Control and Metering Ltd., of Toronto, Ontario, at a cost of $9,504.00 plus freight, taxes included. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that as recommended by the City Manager, Contract 84-3, Somerset Street-16" Watermain, be awarded to the low tenderer, W.A.C. Excavators Limited, in the amount of $105,271.23, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the lowest bid meeting specifications, namely that of Scepter Manufacturing Co., in the amount of $142.03 each for supplying 20 only 1" cold water meters, and in the amount of $441.67 each for supplying 15 only 2" cold water meters, be accepted. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Canada Works Project Agreement No. 6521 BE6, for a statistical research data project to be carried out by the City of Saint John Tourism and Public Relations Department, the gross cost of such project being $7,827.00 which is totally covered by Federal funding. I Question being taken, the motion was carried. Read a joint letter from the City Manager and Mr. C. E. Nicolle, Director of Recreation and Parks, regarding delegates to the 1984 C.P.R.A. Conference to be held in Kitchener, Ontario from August 13 to 16, 1984. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent I RESOLVED that Common Council approve the attendance of Councillor Kenneth Gould as a civic delegate at the above-mentioned conference. Question being taken, the motion was carried. Read a letter from the City Manager submitting a copy of a letter from Mr. C. Breen, Acting Chief of Police, with respect to the hiring of two police constables for the Saint John Police Depart- ment. On motion of Councillor M. Vincent ... Seconded by Councillor Flewwelling RESOLVED that as recommended by the Acting Chief of Police, the following named be appointed as peace officers and members of the Saint John Police Department:- (1) Mr. Tyler P. Zwicker, 509 Ellerdale Street; and (2) Mr. Bruce E. Connell, 375 Crown Street. ~ ,.... Zla3 During ensuing discussion, Acting Chief Breen noted that the New Brunswick Police Commission establishes the policy with respect to hiring peace officers and that both persons named above are graduates of Holland College. Councillor M. Vincent re-iterated his opinion that it is erroneous under the Police Act that Council must approve recommendations of the Chief of Police and that the sole authority should be vested in the Chief of Police to choose peace officers for his Department. ... Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Poley RESOLVED that the letter from the City Manager submitting a copy of an application for grant assistance from Mr. K. Worden of the Job Guide, such grant being requested to assist in defraying costs of the publication of a newspaper called "The Job Guide" for the Saint John area, advising that this application does not meet the criteria for awarding grants at this time -- be received and filed and the request for grant assistance be denied. Councillor Knibb suggested that Mr. Worden should be directed towards the Provincial Government's student summer employment program. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that a letter has been received from Mr. Charles Whelly, solicitor on behalf of a client requesting an easement or a deed to a portion of City property on which his house is encroaching, and recommending that the property bounded by Ridge, Ellerdale and Valley Streets, shown hatched on the submitted map, be offered to Mr. Elmer Soucy for the price of $500.00, under the following conditions:- (1) that Mr. Soucy contact the owner of 50 Valley Street and obtain his consent to accept title to the small portion of land lying between his property and Ellerdale Street at no cost to him, the portion of land involved being that shown patterned on the submitted map, and (2) that the total property be surveyed and subdivided by Mr. Soucy, at his expense, so the two subdivided parcels may be transferred to the adjoining owners -- be received and filed and the recommendation adopted. (Councillors Poley and M. Vincent withdrew from the meeting.) I Councillor Flewwelling noted that the above letter indicates that no research has been taken to find the origin of the subject property and he asked, if at sometime in the future, this could have an effect on Council's decision at this time to which Mr. Todd advised that the subject comment is not suggesting that the property title is necessarily good or bad but is merely noting that staff is uncertain as to how the City acquired such property. Mr. Rodgers noted that he is unable to comment on the property title until proper research is carried out and that he is uncertain if a title search is required at this particular time, however he foresees no problem with respect to the wording of the subject recommendation. Upon Councillor A. Vincent's observation that no reference is made in the subject recommendation with respect to a title search, Mr. Rodgers noted that it is the responsibility of the purchaser to have a title search performed. Question being taken, the motion was carried with Councillor A: Vincent voting "nay". Deputy Mayor Davis advised that the item regarding the sale of property at 64 St. John Street to Mr. Reginald Daigle has been withdrawn whereupon the City Manager advised that this item has been transferred to Committee of the Whole for discussion.' On motion of Councillor Murray ... Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the camp located on First Loch Lomond be sold to the highest tenderer, namely Mr. Vernon O'Dell, for the price of $1,265.00 under the terms outlined with the tender form; that the deposit of Nancy Peterson be returned to her, and that the Mayor and Common Clerk be authorized to sign any documents necessary to complete the transaction. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the statement of payments made during the months of March and April 1984 be received and filed. I Councillor Fle'lWelling suggested that staff submit a report to Council regarding the matter of replacement of autobody parts as, in view of the large expenditure associated with same, it may be more economical to replace the vehicles concerned. (Councillor Schermerhorn withdrew from the meeting.) Question being taken, the motion was carried. I Deputy Mayor Davis advised that the owners of the property at l3-15 Wellington Row have applied for a demolition permit to demolish the garage and stairs thereon, therefore the item regarding tenders for same has been withdrawn from the agenda. Read a letter from the City Manager regarding a request from Miss Elizabeth McLeod, solicitor for E. J. Cartage & Disposal Ltd., for an easement permitting the encroachment of the company's building upon Milford Road. On motion of Councillor Knibb ... Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and in consideration of the payment of one dollar ($1.00), the Mayor and Common Clerk be authorized to execute an easement in favour of E. J. Cartage & Disposal Ltd. to permit the encroachment of the Company's building at civic number 113 Milford Road upon that road, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. lo. 3tH """'Ill Consideration was given to a joint letter from the City Manager and Building Inspector regarding a building located at 8-l0 Haymarket S~uare, which was partially demolished pursuant to permit #265-84 with the owner, Mr. Norman Rose, having applied to demolish the upper two ,floors and renovate the ground floor and of which the front wall, part of the side wall and a small portion of the 2nd floor structure are still standing, such elements which are not structurally stable and should. be demolished as they could collapse under moderate wind loads. ... Mr. Johnson re-iterated his opinion that it is dangerous to leave the building in its present situation. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that pursuant to section 17 of The Saint John Building Act, 1925, in order to remedy a dangerous and unsafe condition, the owner Mr. Norman Rose, be hereby ordered to safely demolish the remainder of the building at 8-10 Haymarket Square in the City of Saint John, N.B., on or before the hour of 12:00 o'clock noon on Wednesday, June 13th, 1984: I AND FURTHER that, in the event that the owner fails to comply with the aforesaid order, then the Building Inspector is authorized to arrange for the immediate demolition of the remainder of the building by the Engineering and Works Department of the City of Saint John. Councillor A. Vincent expressed the opinion that the subject wall is not dangerous and he I noted that this is currently being torn down. Mr. Johnson re-iterated that the shape of the remaining wall, combined with a canopy which projects over the sidewalk, could present a problem in the event of a moderate wind. (Councillor M. Vincent re-entered the meeting during the foregoing di~cussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the presentation of the Saint John Preservation Review Board regarding the Trinity Royal Streetscape Guidelines be referred to the City Manager for a report to Council. ... Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to redesignate a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 square feet and located I at the southwest corner of Adelaide and Newman Streets, from High Density Residential to Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law C.P. 100-11 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 113 Adelaide Street (L.R.I.S. Number 374983), containing approximately 3,000 square feet. and located at the southwest corner of Adelaide and Newman Streets, from "RM-2" High Rise Multiple Residential to "B-1" Local Business classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. ... The by-law entitled, "By-Law C.P. 100-11 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. (Councillor Schermerhorn re-entered the meeting.) Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Fitzpatrick's Funeral Service Ltd. have been completed and that the required waiting period for objections expired on May 30, 1984 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOL~D that the application of Fitzpatrick's Funeral Service Ltd. for a Municipal Plan amendment and re-zoning of property located at 86-88 and 100-102 Waterloo Street, 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 July 9, 1984. I (Councillor Poley re-entered the meeting.) Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Spectrum Enterprises Ltd. have been completed and that the required waiting period for objections expired on May 30, 1984 with two written objections having been received, ~ne from the residents of Millidgeville Estates, Tartan Street and Somerset Park, the other from Property Maintenance Ltd. on behalf of residents of University Park (Candlewood Lane). ... ~ ~ ~g5 On motion of Councillor Schermerhorn ... Seconded by Councillor Knibb RESOLVED that the application of Spectrum Enterprises Ltd. for a Municipal Plan amendment and re-zoning of property located on Somerset Street Extension, 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 July 9, 1984. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) I To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Monday, May 28, 1984, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- I 1. That with regard to the request of the New Brunswick Amateur Speed Skating Association for assistance in hosting a banquet in connection with the annual general meeting of the Canadian Amateur Speed Skating Association to be held in Saint John from June 14 to 16, 1984 -- a grant in the amount of $300.00 be approved. 2. That with regard to the matter of user fees for fully-serviced ballfields for juvenile-age groups and under, such fee be waived for 1984 only. 3. That with regard to the request of Mr. Paul LaPointe to lease property on Loch Lomond Road in order to continue his business of selling seafood products, Mr. LaPointe be advised that he may continue to utilize such property until such time as it is required for the McAllister Drive Extension. ... 4. That as recommended by the City Manager, a 10-foot easement be acquired from Mr. & Mrs. Richard Conley for the price of $500.00 for the installation and maintenance of a storm sewer along the western boundary of the property at 137 Mount Pleasant Avenue, which is necessary to correct a drainage problem on property at 127 Mount Pleasant Avenue owned by Mr. D. Rinehart; that, during installation of the new line, the basin into which it runs will be replaced with a standard 30-inch catch basin with a cast-iron frame and cover; that, upon completion of the work and at anytime in the future that excavation of any portion of the line by the City is required, the land so disturbed will be restored to a similar condition as existed prior to the excavation; that the City will be responsible for all survey, subdivision or other costs associated with acquiring the easement; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. I 5. That with regard to the request of the Saint John Heart Club (1983) for a grant to assist in the payment of rent for accommodations on the first floor of the building at 143 Bayside Drive, such space consisting of 396 square feet at a monthly rental of $125.00, Council approve a grant in an amount representing three months' rent with staff to discuss with the Saint John Heart Club (1983) the possibility of locating alternate premises for this group. 6. That Councillor Marlene A. Vaughan be re-appointed to the Board of Directors of Centracare. ... 7. That as recommended by the City Manager, the Saint John Racquet Club be given the exclusive option until August 15, 1984 to provide a detailed proposal for the development of Lot 78-2 on Chesley Drive, with the proposal to provide the following information:- (a) the physical 'configuration of the proposed development indicating the dimensions and locations of all structures, parking areas, vehicle and pedestrian access routes and landscaped areas; (b) plans, sections and elevations illustrating clearly and fully all structures whether above or below ground comprised in the proposed development, as well as the elevation of streets and other access routes and utilities; (c) a comprehensive, written description of the material referred to in clauses (a) and (b) hereof explaining and amplifying the information shown on that material; (d) the names of the architects, engineers, planners and others responsible for the design and construction of the proposed development; (e) a description of the plan to finance the construction and operation of the proposed develop- ment in detail sufficient to allow the City to assess the viability of the proposed development; (f) a time schedule of construction for the proposed development establishing a commencement and a completion date as well as the progress of work between those dates; and (g) such other information requested by the City as is reasonably required to allow the City to thoroughly evaluate the Company's proposed development. June 11, 1984 Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. I On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. Councillor M. Vincent asked if the above-proposed approach been accepted by Messrs. R. MacIntyre and R. Wisted who previously made presentations to Council in this regard and if any consideration has been given to such user fees for ensuing years. Mr. Nicolle advised that two meetings were held with those concerned and that, although there is an understanding of why such charge is proposed, the principle of user fees is not accepted by those persons who opposed same and that the matter of fees for 1985 and onward has not been resolved. Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. ~ "'11II 386 (Councillor Murray withdrew from the meeting.) Councillor Knibb referred to a report from the Building Inspector regarding the Pedlars & Hawkers By-Law (copies of which were forwarded to Council members as an information item) and noted that the Municipalities Act exempts persons selling farm produce or fish products and he suggested that it should be added to the subject resolution that the City Solicitor be requested to prepare a more stringent by-law on pedlars so that they can be licensed and controlled throughout the City and possibly encouraged to locate in the City Market. Councillor M. Vincent expressed opposition to the continued granting of permission by Council to allow persons to establish roadside stands as they do not pay taxes nor employ persons whereas established businesses must do so and he alluded to a problem on the subject site with a steam car wash operation which has resulted in water therefrom, along with debris in the subject area, is practically washing out one of the main entrances to a church on Loch Lomond Road. Councillor M. Vincent expressed the opinion that, apart from being detrimental to private entrepreneurs who are employing persons and paying taxes, such operations do not enhance the City's appearance and he suggested that consideration could be given to designating one particular area, under the City's control, for such pedlars and hawkers to operate. Deputy Mayor Davis suggested that by granting permission to Mr. LaPointe to operate his business on the subject property may result in other requests of this nature as he is uncertain if Council has granted such permission in the past. ... I Question being taken, the motion was lost with a majority of the Council members present voting "nay". (Councillor Murray re-entered the meeting. ) I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the City Manager and City Solicitor be instructed to prepare for Council's consideration a new Pedlars & Hawkers By-Law to encompass and control every type of roadside"peddling and hawking. (Councillor Gould withdrew from the meeting.) ... Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Mr. Todd, replying to a ~uery of Councillor A. Vincent, advised that the subject property is approximately 1,000 square feet in length and that the price per square foot is approximately $.50. (Councillor Gould re-entered the meeting.) Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. ... On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the 1983 Annual Report of the Board of Trustees of the Civic Employees' Pension Plan be received and filed. Question being taken, the motion was carried., On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the 1983 Annual Report of the Saint John Parking I Commission be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the proposal by the Saint John Marina Ltd. of Ketepec to extend its existing deck at the rear of the building, which was considered by Council at its meeting of May 22, 1984, submitting ... a copy of a report from the Planning Branch in this regard and expressing the opinion that the ..4 "'" ilJ'S7 ... I I ... I ... I I ... lo. existing regulations are operating reasonably well and that the Zoning by-Law should not be amended, and suggesting that, as it would appear that the Marina would be eligible for a sporting license which, if held, would mean that the By-Law separation requirement would not be applicable, the owner of the Saint John Marina Ltd. might wish to pursue this course of action -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the request of Mr. Douglas Mitton for Council to repeal a condition imposed by Council when his property at 187 Golden Grove Road was re-zoned, which was considered by Council at its meeting of May 14, 1984. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of November 8, 1976 pertaining to the re-zoning of property at 187 Golden Grove Road, which is owned by Mr. Douglas Mitton, be varied so as to permit the erection of a 4' by 8' fascia sign and that the applicant be advised to remove the existing freestanding sign. Question being taken, the motion was carried. Read a letter from the Planning Advisory Committee regarding the request of Mr. Lionel Hinkley to keep a mobile home on property at Anthony's Cove, which was considered by Council at its meeting of May 14, 1984. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, approval be granted for Mr. Lionel Hinkley to place a mobile 'home on property located on Anthony's Cove Road for a period not to exceed six months, and that the By-Law Enforcement Officer be requested to report on the status of the mobile home immediately at the end of this period. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee recom- mending that Common Council assent to a subdivision plan which, when filed, will vest North Market Wharf as a public street, advising that this Committee approved the street name "North Market Wharf", be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from The Saint John Bicentennial Inc. advising that it is being proposed that the official Provincial trees be the white pine and the sugar maple, and suggesting that, as the white cedar is a tree which not only grows in profusion throughout Saint John but is one which is particular to the southern region of the Province, it would not be remiss that the white cedar be selected as an official tree for the City of Saint John. Councillors Schermerhorn and Flewwelling noted that, with the variety of trees in this area, this matter could be discussed at some length and no consensus reached with respect to an official tree. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from The Saint John Bicentennial Inc. regarding the matter of an official tree for the City of Saint John be received and filed. Question being taken, the motion was carried with Councillors Gould, Poley and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Reg Austin, Area Manager of Co-Op Atlantic requesting, on behalf of Saint John North Direct Charge Co-op, to purchase property between Taylor Avenue and Anglin Drive on which to establish a Direct Charge Co-op, and expressing the opinion that a Co- op in this area would be a definite asset to the local community as well as add to the tax base of the City of Saint John -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the letter from the Saint John Medical Society advising that this Society supports the Saint John Environment Committee's attempt to have a smoking by-law enacted, expressing the opinion that, when a substance has been shown to be as harmful to health as tobacco smoking and particularly when it is affecting innocent bystanders, it is the public's responsibility to protect these people, and urging Common Council to support the recommendations of the Environment Committee -- be received and filed and the Saint John Medical Society be thanked for its letter in this regard. Councillor Flewwelling noted that the matter of smoking in public places was a subject of discussion at the recent Federation of Canadian Municipalities conference and he expressed the opinion that the 'City should review the possibility of enacting a smoking control by-law. CouncIlor Poley expressed oppositfon to the above motion on the basis that, in view of the previous letters received by Council in this regard, Council should consider this matter further. Question being taken, the motion was lost, a tie vote having been created with Deputy Mayor Davis and Councillors Flewwelling, Gould, Poley and A. Vincent voting "nay". . .., 388 On motion of Councillor Poley Seconded by Councillor Flewwelling RESOLVED that the recent correspondence submitted to Council from the Saint John Environment Committee, the New Brunswick Heart Foundation, and the Saint John Kings Unit of the Canadian Cancer Society, regarding the enactment of a smoking control by-law, be reconsidered at Council's next regular meeting. ... Councillor Knibb expressed the opinion that matters pertaining to health, morality and manners cannot be legislated and also that the question of individual rights is of excessive concern at the present time. Councillor A. Vincent asked if, although he is a non-smoker, he would have a conflict of interest with regard to the above matter and he suggested that this matter should be tabled pending a report from the City Solicitor thereon. On motion of Councillor A. Vincent I Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table pending a legal opinion regarding possible conflict of interest. Question being taken, the tabling motion was lost with the Deputy Mayor and Councillors Flewwelling, Gould, Knibb, Foley, Vaughan and M. Vincent voting "nay". I Mr. Rodgers, replying to a query of Councillor A. Vincent, expressed the opinion that there is no conflict of interest in this regard. Question being taken, the original motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from Mrs. Georgina Johnson requesting additional police protection in the Milford area in view of problems being experienced with teenagers ... in the area who are throwing eggs and rocks at houses and writing obscene language on her residence at 306 Milford Road, as well as being noisy until the early hours of the morning -- be referred to the City Manager and Police Department for investigation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Foley RESOLVED that the letter from Mr. Daniel Large requesting purchase property on Woodhaven Drive on which to construct a private dwelling -- be referred to City Manager for a report and recommendation. to the Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Russell A. Cowan, President of the Saint John Exhibition Association, regarding copies of correspondence written by Mr. Brian Hancox and forwarded to Common Council by the Saint John Council of Women at Council's last meeting, advising that he has a tentative appointment with Her Worship the Mayor on her return to Saint John later this month at which time he hopes to explain and correct many misconceptions in the operation of the said Association -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Messrs. Michael McDonald and Jeff Daley requesting permission to operate a newstand outside the City Market. ... Councillor Knibb noted the presence of Messrs. McDonald and Daley in the Council Chamber and expressed the understanding that the City Manager is prepared to rent space outside the City Market for the two summer months, however the City Manager advised that he has not received such request, however his concern is that, during periods of inclement weather, they would be occupying space in the City Market to locate their stock. 'On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that Mr Michael McDonald'be invited to I address Council regarding the above matter. Question being taken, the motion was carried. Mr. MacDonald addressed Council and advised that it is not the intent to store the proposed structure inside the City Market building and that it will be constructed in such a manner as to permit it to be closed up and secured. Mr. McDermott advised that, in view this matter may be possible on June 12, 1984. briefly and Mr. McDonald circulated a drawing of the above The size of of same. comment by Mr. McDonald, a decision on the subject structure was discussed I On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Messrs. Michael McDonald and Jeff Daley requesting permission to open and operate an old-style news and magazine stand outside the City Market on the Germain Street side of this building -- be referred to the City Manager for a report and recommendation. ... Councillor Murray suggested that this matter should be referred to the Market Action Committee and Councillor A. Vincent proposed a motion, which was not seconded, that permission be granted at this time. .J ,.... ~ clll':l9 Question being taken, the motion was carried. On motion of Councillor Schermerhorn ... Seconded by Councillor Gould RESOLVED that the notices from the Liquor Licensing Board advising that the applications of Carleton Curling Club Ltd. for a special premises (sporting) license and J. J. & S. Holdings Ltd. for a restaurant license, with regard to premises at Rodney Street and McAllister Mallon Westmorland Road, respectively, will be heard on June 15, 1984, and that of Bayers Road Bowlarama Limited for a special premises (sporting) license with regard to premises at 248 Lancaster Avenue, will be heard on June 14, 1984 -- be received and filed. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillo Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I Cfk1 X Y'L;;f~ Common Cle At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the eighteenth day of June, A.D. 1984, at 7:00 o'clock p.m. ... present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; S. Armstrong, Deputy Commissioner of Engineering; M. Winch, Deputy Commissioner of Community Planning; P. Clark, Fire Chief; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; W. D. Todd, Executive Director of Housing; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Thomas Graham, Pastor of Hope Lutheran Church, offered the opening prayer. On motion of Councillor Knibb June 11, 1984, be adopted. Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. ... Her Worship the Mayor commented on the symposium held in Saint John on June 16, 1984 in support of the reinstatement of Via Rail Atlantic service, as well as on the celebration by the Province of New Brunswick of its 200th birthday on this date. The Mayor read a proclamation proclaiming June 20, 1984 as Race Against Multiple Sclerosis Day in the City of Saint John, multiple scleroris being the most common neurological disease of young adults, with a race scheduled at the Exhibition Park Raceway for the purpose of raising funds for the Multiple Scleroris Society of Canada's medical research, educational and patient service programs.and she encouraged all citizens to support this endeavour. I Councillor Knibb requested that the matter of Mr. J. Claude MacKinnon, which was considered by Council in Committee of the Whole earlier this date, be added to the agenda for consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the matter of Mr. J. Claude MacKinnon be added to the agenda for consideration at this meeting. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from the Saint John Naturalists Club expressing opposition to the proposed development of commercial recreational facilities in Rockwood Park -- be received and referred to the City Manager. ... Councillor Flewwelling expressed the opinion that the approximate 175 acres reserved for commercial use at Rockwood Park is excessive and that the contents of the letter from the said Club should be heeded. Councillor Knibb noted that the said Club has 131 members and that their request for a public hearing regarding this matter should be considered, however he remains of the opinion that Council's approval of Super Slide Ltd.'s proposal and that for further development is in order as, in his opinion, both naturalists and recreational persons should have the opportunity to enjoy Rockwood Park. Question being taken, the motion was carried. ... "'Ill 3~O On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Deputy Mayor Davis submitting a copy of a report by Dr. F. K. Donnelly with respect to an inspection tour by him and the Deputy Mayor of certain historical monuments, including the Jenny's Spring monument on First Street, in the area of Fort Howe, as well as a copy of a portion of an article from Acadiensis quoting Wm. Cobbett's Saint John romance, and suggesting that the maintenance of such historic objects should be assigned to a department or a committee and action should be taken by Council to establish responsibility for same -- be referred to the Historic Sites and Events Committee for a report and recommendation. ... Deputy Mayor Davis noted that the above-mentioned report is brief because the inspection disclosed the disgraceful condition of the historic sites and monuments. Councillor Knibb made the observation that historic plaques have disappeared from certain buildings in the uptown area of the City, including the plaque on the former Bank of Montreal building on the corner of Prince William and King Streets, as well as from City buildings on Water Street and the Mayor noted that a register was stolen recently from the Saint John Free Public Library. Replying to a query of Councillor Poley, Ms. Huntington-LeBlanc confirmed that the Jenny's Spring site is included in the City's tours. I Question being taken, the motion was carried. Consideration was given to a letter from Councillor Flewwelling asking what action can be taken to protect the public from the loose gravel which falls from trucks carrying gravel without a protective cover. I Councillor Flewwelling stressed the importance of impressing upon truck operators that they must haul smaller loads or spread such loads more evenly and he displayed a piece of rock material which fell from a truck travelling on the west side of the City, and he expressed the understanding that the Police Department has taken action in this regard insofar as the west side of the City is concerned. Councillor Murray noted that there is also a problem on the west side with refuse falling from garbage trucks and advised that the Works Department has this matter under scrutiny. The Mayor asked why, in view of Council's past concern in this regard, this matter has not been resolved to which Mr. McDermott replied that both he and Councillor Flewwelling discussed this matter with the ~ Acting Chief of Police earlier this date and that he will look into the problem with garbage trucks ~ on the west side and report to Council at its next meeting. Councillor A. Vincent asked when tenders will be advertised for the extension of Hilyard Street through to Paradise Row, which would eliminate the necessity of trucks turning on to Main Street to which the City Manager confirmed that this project was deleted from the 1984 Capital Budget and Mr. Barfoot confirmed that Hilyard Street is not part of the urban renewal program. The Mayor requested that a report be submitted at Council's next meeting regarding this latter matter. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor M. Vincent referring to flight arrival difficulties due to construction on the main runway, which is the only runway equipped with adequate landing equipment, at the Saint John Airport, advising that this disruption of normal service is being associated in other parts of the country with climatic weather conditions and that, in his opinion, with the host of activities planned for both 1984 and 1985 in Saint John, it is not the time to allow the image that planes cannot land in Saint John due to weather conditions; suggesting that Council must, in conjunction with other interested groups in the area, do everything possible to have other landing equipment placed at the Saint John Airport on a temporary basis until the construction on the main runway is completed, and recommending that the appropriate staff, in conjunction with this Council resolution, approach the appropriate authorities to ensure that every step is taken to alleviate this problem immediately and that this receive a priority rating __ be received and filed and the recommendation adopted. I During ensuing discussion Councillor Schermerhorn noted that this matter was brought to Council's attention at its meeting on April 16, 1984. Mr. McDermott advised that arrangements have been made for representatives of the Department of Transport from Moncton, N.B., to meet with Council at either of the next two Council meetings in this regard. Question being taken, the motion was carried. ... Read a letter from the Common Clerk submitting a resolution which was adopted in Legal Session of Common Council on June 11, 1984, regarding water and sewerage charges to Kierstead Trailer Park. On motion of Councillor Knibb Seconded by Councillor Schermerhorn I RESOLVED that as recommended by the City Solicitor the City of Saint John accept the offer of Kierstead Mobile Home Sales (1967) Ltd., owner of Kierst~ad Trailer Park, in the amount of $98,000.00, as full settlement to date of outstanding water and sewerage charges with regard to the said Park, and that the Mayor and Common Clerk be authorized to execute any necessary documents subject to approval by the City Solicitor as to legality and form. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Read report of the Committee of the Whole (as follows) I To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on Monday, June 11, 1984, when there were present Deputy Mayor Davis and Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the request from the Saint John Youth Hostel Inc. for a grant to assist ... in the operation of the hostel during the 1984 summer season, a one-time grant in the amount of $1,000.00 be approved. ..... ,... ~~1 2. City to casters That with regard to the request of Mr. Ken Clark of Atlantic Association of Broadcasters for the sponsor a breakfast on September 29 during the 1984 Convention of the Atlantic Association of Broad= a grant in the amount of $750.00 be approved. ... 3. That Common Council approve the mortgage and promissory note on the Chipman Hill Parking Garage between the Saint John Parking Commission and the City of Saint John, as submitted by the Chairman of the Parking Commission in a letter dated June 4, 1984, subject to approval by the City Solicitor as to legality and form. I 4. That as requested by the Canada Games Co-Ordinating Committee and approved by the Board of Directors of The Saint John 1985 Canada Summer Games Society, Inc., Common Council approve the following names for the aquatic centre and the track and field facility, respectively, as follows:- "Canada Games Aquatic Centre - Centre Aquatique du Canada", and "Canada Games Stadium - Stade Jeux du Canada". 5. Saint Wayne That the following appointments be made to the Board of Trustees of the Lord Beaverbrook Rink at John, Inc. for terms as indicated:- Mr. Clifford Warner, one year; Mr. Roly MacIntyre, two years; Mr. McLellan, two years; and Mr. Gordon A. Thorne, four years. 6. That with regard to the offer of Mrs. Betty Martin to sell property at 337 Main Street, Common Council adopt the recommendation of the City Manager that Mrs. Martin be advised that the City is not interested in acquiring this property at this time. I 7. That as recommended by the City Manager, Common Council resolution of April 9, 1984 regarding the sale of the property at 154 Prince William Street to Anderson-McTague & Associates Ltd. be amended by deleting Clause "F" referring to the performance bond, and that a new clause be added giving both a Company guarantee and a personal guarantee of the principal to have the sum pf $6,000.00 paid annually to the City if the development as set out is not completed within the agreed two-year period, the first of such payments to become due and payable on March 1 of the year following the expiration of the two-year period. 8. That with regard to the request of Mr. & Mrs. Samuel Doyle to purchase a ten-foot strip of land which runs parallel to their property at 79 Eden Street, Common Council adopt the recommendation of the City Manager that Mr. & Mrs. Doyle be advised that this property is not available for sale at this time. ... 9. That as recommended by the City Manger, Common Council declare the land included in the list of unused City land available for sale as surplus to City needs and such classification remain in effect for a period of one year; that, due to the length of the list, a notice be placed in the local newspaper once a week for six weeks that the list is available for inspection in the Property Management Branch; that applica~ _ tions to purchase any particular parcel be directed to the Property Management Branch for review by other departments, analysis, appraisal and negotiation; 'and that a report on the results of this program be presented to Common Council at the end of a two-month period. 10. That the application from the New Brunswick Branch of the Canadian Parents for French for grant assistance in the amount of $1,000.00 to assist in hosting a breakfast during the national Canadian Parents for French conference to be held in Saint John from October 25 to 28, 1984, be denied. I 11. That as recommended by the Nominating Committee, Mr. Robert G. Jones be appointed, to the Board of Commissioners of the Saint John Regional Hospital, effective June 1, 1984, for a term of three years. 12. That as recommended by the Nominating Committee, Dr. F. K. Donnelly be appointed to the Fort LaTour Development Authority. June 18, 1984 Saint John, N. B. (sgd. ) Respectfully submitted, Samuel Davis Deputy Mayor On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. ... On motion of Councillor M. Vincent Seconded by Councillor Murray RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Mr. McDermott, replying to a query of Councillor A. Vincent, advised that staff is recommending that the agreement regarding the amount of $625,000.00 not be extended beyond the July due date. Question being taken, the motion was carried. I A brief discussion ensued regarding whether or not the above French translation of the name proposed for the aquatic centre is correct as it does not include the word "Jeux" and the Mayor suggested that, as the said Society will ensure that the translation is in order, Council should adopt the above names subject to it being correct. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted, subject to the French translation for the aquatic centre being correct. Question being taken, the motion was carried with Councillors Murray and M. Vincent voting "nay". ... On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 2192 "lIIIl On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 9 of the above report be adopted. The Mayor advised that, following her address to the Canadian Association of Housing and Renewal Officials (CARRO) earlier this date, several of the members commended the City for its positive approach insofar as the report of the Housing Policies Committee is concerned. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section lO of the above report be adopted. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 11 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 12 of the above report be adopted. Question being taken, the motion was carried. The Mayor suggested that the Nominating Committee report, which was considered by Council in Committee of the Whole earlier this date, should be considered at this time, particularly in view of the Transit Commission being in need of its members, however Deputy Mayor Davis expressed the understanding that the ,proposed nominees have not been contacted in this regard. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan of New Brunswick Housing Corporation which, when filed, will vest a 90 sq.m. triangular parcel of land as part of the public street at the corner, of Manchester Avenue and Manawagonish Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1985 of the Saint John Harbour Bridge Authority, in compliance with the Agreement between Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Councillor Flewwelling asked how many persons are employed by the Harbour Bridge Authority to which Mr. McDermott replied that he will obtain this information for Councillor Flewwelling. Councillor Flewwelling expressed the opinion that the expenditure proposed for telephone, stationery and supplies and miscellaneous appear excessive and he suggested that this matter should be tabled until additional information is received. The Mayor suggested that the Harbour Bridge Authority s.hould be invited to 11leet with Council tQ discuss this and other matters whereupon Councillor Murray concurred that it is normal, when questions arise about other such budgets, to discuss same in Committee of the Whole with members of these groups, and he added that Council should not be making insinuations at this time. Councillor Knibb, a former member of the Authority, explained that it is in the interest of the City to ensure that the Harbour Bridge does not operate at a deficit because the 1969 agreement passes the whole burden of any deficit to the City and he noted that the revenue for the Authority is realized from the users of the Harbour Bridge. Councillor Knibb added that he is pleased that the Federal Government did not see fit to increase the toll from its current rate. Her Worship the Mayor referred to the recently-reported decision by the Saint John Harbour Bridge Authority regarding its hiring of a new general manager and stated that this was made with absolutely no reference to nor consultation with the Common Council of the City of Saint John or senior City staff. The Mayor commented briefly on the compositon of this Authority and the terms of the members ... I I ... I ... I I ... ..il JlI"'" ,~.~3 ... I I ... I ... I I ... thereon and expressed the oplnlon that, although it is not necessary for the Authority to consult with Council when making an appointment, consultation and co-ordination with the City would normally have been expected on any matter as serious as hiring to the position of the general manager of a person recently discharged for cause by the City. Deputy Mayor Davis suggested that the manner in which the Harbour Bridge is financed and constituted should be reviewed and that members of the Authority should be requested to present to Council at the proposed meeting an estimate of revenue and additional information with respect to 1985. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above matter be laid on the table pending a meeting with members of the Saint John Harbour Bridge Authority. Question being taken, the tabling, motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Daniel Dow requesting to purchase property on the eastern side of Green Head Road, left of the Church Avenue Overpass, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Norman Rose offering to sell property at 8-10 Haymarket Square, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. Read a letter from Dr. Vincent T. W. Shannon requesting a further extension of one month for construction of the building at 21-23 Coburg Street (the sale of which was authorized by Council on September 26, 1983 with a repurchase option if construction had not commenced within six months, such option having been extended by Council on April 2, 19B4 for two months until May 24, 19B4), for, although the architect's plans are completed and soil testing results have been finalized, tender responses are being awaited and the foundation is expected to be commenced within two weeks, and noting that, if such extension is granted, only nine months will have been allowed to plan and commence construction. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as requested by Dr. Vincent T. W. Shannon, a further extension of one month be granted with respect to the City's option to repurchase the property at 21-23 Coburg Street. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the petition from residents of the North End expressing the opinion that the building at 97 Victoria Street should be destroyed as it is not only unsightly but is extremely dangerous to children, passersby and those who live close to this building, and requesting Council's investigation of this matter -- be referred to the City Manager and Legal Department for a report to Council. Councillor Schermerhorn expressed the understanding that a title search on the above property will be performed within the next few days. Question being taken, the motion was carried. Consideration was given to a letter from the Cafe Europa requesting permission to place two tables with two chairs each against the side of its building at 52 Dock Street in order to provide a sidewalk cafe service similar to that at Market Square. Councillor Schermerhorn proposed a motion, which was not seconded, that the above matter be referred to the Planning Advisory Committee. Councillor Knibb suggested that Council support the above request and noted the presence in the Council Chamber of a representative of Cafe Europa and suggested that Council invite him to address this matter at this time. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that a representative of Cafe Europa be invited to address Council at this time. Mr. McDermott pointed out that the sidewalk in front of the subject cafe is only 9 feet 3 inches wide from the inside of the curb to the outside of the building' which provides very limited space on which to place tables and allow other persons to utilize the sidewalk. The Mayor suggested that this matter should be referred to The Market Square Corporation for review as this Corporation has been dealing with the downtown core of the City and would be in a position to determine the suitability of this proposal whereupon such motion was proposed, however it was noted that there is a motion before Council at this time. Councillor Knibb commended Messrs. Anecito Rego and Carriera for their efforts in establishing a business enterprise at a location which has been idle for over a year. Question being taken, the motion was carried. Mr. Celso Carriera, Co-Owner of Cafe Europa, addressed Council and, reading from the previously- submitted letter to Council, noted that the tables proposed are small enough so as not to interfere with pedestrian traffic on the sidewalk and that, once the aquatic centre is open, the sidewalks will be similar to those on King Street thereby giving pedestrians even more space. Mr. Carriera commented on the type of table and chair proposed and expressed the opinion that they would enhance the appearance of this street. ~94\ "'IIIl During ensuing discussion, the Mayor noted that the issuance of liquor licenses is not within Council's jurisdiction, and the size of the tables was broached to which Mr. Carriera replied that there is adequate space to allow for pedestrian traffic on the sidewalk. Councillor Vaughan proposed that permission be given on a trial basis for either a period of thirty days or the summer months and reassess the matter following this time period. On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that as requested by Cafe Europa, permission be granted to place two tables with two chairs each against the side of its building at 52 Dock Street for the summer months following which this matter will be reassessed. Question being taken, the motion was carried with the Mayor and Councillors Davis, Poley, Schermerhorn and A. Vincent voting "nay". Councillor Knibb referred to Council's consideration at its last meeting of the matter of Messrs. Michael McDonald and Jeff Daley's request to rent space outside the City Market building on which to operate a newsstand and asked the status of this matter. Mr. McDermott replied that no impediment has been put in their way and they have been told that their request is in order. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from McGrath's Step'N Style requesting an amendment to Common Council resolution of September 24, 1979 to permit an expansion of the building located at 67l Charles Street West to establish a dance school as part of this business operation -- be referred to the Planning Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. Brian Hancox referring to a proposed meeting between the President of the Saint John Exhibition Association and Her Worship the Mayor regarding his previous letter to Council in which he raised a number of concerns with respect to this Association; suggesting that such meeting should be concerned with the true financial situation of this Association as well as the many other matters referred to in his said letter, and suggesting that Council might take immediate steps to have this matter properly investigated either under the powers the City has to institute a public commission of inquiry or other appropriate means -- be referred to Councillor Vaughan, who will be a member of this Association. The Mayor requested the Common Clerk to notify Mr. Russell Cowan, President of the Saint John Exhibition Association of Councillor Vaughan's acceptance of membership on this Association and to determine when she is to attend meetings of same. Councillor Murray suggested that, in view of this being the second occasion Mr. Hancox has written to Council in this regard, the validity of the accusations being made should be verified and also Mr. Hancox' personal situation should be reviewed. The Mayor noted that Mr. Hancox' previous letter was forwarded to the Police Department. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Canada Day Committee submitting a proposed schedule of events for July 1, 1984, stating that, unless there is a direction not to observe any particular event or events, this Committee will proceed on the basis the general outline is not objectionable -- be received and Council approve in principle the proposed schedule of events. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. Fred G. Haslam for re- zoning of property on Lorneville 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 July 23, 1984. Question being taken, the motion was carried. On motion of Councillor Poley Seconded by Councillor A; Vincentc' ... I I ... I ... I RESOLVED that previousvcorrespondence .from the Saint John Environment Committee, the New Brunswick Heabt Foundation, the Saint John Kings Unit of the Canadian Cancer Society and the Saint John Medical Societ~; 'regarding a proposed smoking control by-law -- be I referred to the City Solicitor and City Manager for a report to Council on the feasibility and implementa- tion of such by-law. Question being taken, the motion was carried with Councillors Knibb, Murray and Schermerhorn voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that Mr. J. Claude MacKinnon, Commissioner of Engineering and Works, is hereby dismissed for cause, namely, conduct inconsistent with his duties and responsibilities, which have been communicated to Mr. J. Claude MacKinnon. ... ~ JI""" (J~ ... I I ... I ... I I ... ... x The Mayor referred to a number of issues which Mr. MacKinnon addressed, at Council's request, at the hearing of June 1, 1984, during which time Councillor A. Vincent rose to a point of order and asked if the Mayor, as Chairman, is required to take a vote on the motion at this time. Councillor Poley advised that, after examining Mr. MacKinnon's response and the material presented by the City Manager, he will be voting against dismissal because he feels that Mr. MacKinnon has made a response which leads him to believe that there is not just cause in terms of gross incompetence or mismanagement and that, by examining the material and making his decision on that basis, is what was required of him in accordance with the judgment of Mr. Justice Turnbull. Councillor Murray advised that he also has studied the material placed before him, as well as the definition placed before him by legal counsel of relevant means of just cause and expressed the opinion that had the June 1, 1984 hearing been held a year ago it would not have resulted in the same way as it has at this time and advised that he is unable to a motion for dismissal. Councillor M. Vincent advised that, after considering all of the information which was made available by Mr. MacKinnon and the City Manager and assessing all of the facts, he is unable to support the above motion and that he considers this to be the best decision he can make in the overall interest of the City of Saint John, its taxpayers and the City structure in itself. Councillor Flewwelling suggested that, as there appears to be a problem regarding the reasoning for just cause, this matter should be tabled and the matter of just cause be reviewed. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table to discuss the matter of just cause. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Gould, Knibb, Murray, Poley, Vaughan, A. Vincent and M. Vincent voting "nay". Deputy Mayor Davis advised that, after examining all the facts, he came to precisely the opposite conclusion as the other three Councillors and that, with sincerity and no malice and although he finds it very difficult to vote against Mr. MacKinnon, he can see absolutely no reason why he should vote against the above motion. Councillor Schermerhorn expressed the opinion that, although there may be several sets of standards in life, there should be only one standard of ethics in business and, after examining all of the information before Council, sufficient cause exists and that he, without any question or reservation, strongly supports the above motion. Councillor Vaughan, speaking in support of the above motion, noted that Council was given an opinion by its legal counsel that, if Council were to dismiss Mr. MacKinnon, there was an excellent chance of success should any action result from same. The Mayor, referring to her comments above, advised that she covered only a very few of the items which were dealt with with regard to improper procedures and that she can see no reason for anyone not voting to dismiss Mr. MacKinnon at this time. Question being taken, the motion was lost with Councillors Murray, Poley, A. Vincent and Mr. Vincent voting "nay", an affirmative vote of at least two thirds of all the members of the Council being required pursuant to section 74(5) of the Municipalities Act. The Mayor called for adjournment, however Councillor Knibb proposed that, in view of the fact that, in accordance with the Municipalities Act, the required two-thirds vote to dismiss Mr. MacKinnon was not obtained and, in his opinion, it will be difficult for the City to function effectively when a commissioner .~ of as important a department as Engineering and Works is not held in confidence by a majority of Common Council, the City's legal counsel should immediately undertake negotiations with Mr. MacKinnon and his lawyers. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the City's legal counsel immediately undertake negotiations with Mr. MacKinnon and his lawyers. Question being taken, the motion was carried with Councillors Murray, Poley, A. Vincent and M. Vincent voting "nay". Deputy Mayor Davis commented briefly on a visit by the National Historic Sites and Monuments Board to the City at which time members of same were shown Partridge Island and were suitably impressed by same. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~a" ~ Y1<'r4 Common Clerk 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 June, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; D. J. French, Director of Personnel; W. D. Todd, Executive Director of Housing; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. 396 "'11II The meeting opened with the reciting of The Lord's Prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on June l8, 1984, be adopted. (Councillor Gould entered the meeting.) Question being taken, the motion was carried. Her Worship the Mayor expressed the understanding, based on discussion in Committee of the Whole earlier this date, that a press release will be issued jointly by the Department of Transport and the City regarding the scheduling and anticipated expenditure of the renovations at the Saint John Airport. ... I The Mayor noted that a public tender has been advertised for Charlotte Street reconstruction and she asked if provision has been made for a portion of this work to be carried out during the after-business hours to which the City Manager replied that every effort will be made within the confines of the budget to accommodate the businesses on Charlotte Street. Her Worship the Mayor referred to the allocation of funding by both the Federal and Provincial I Governments to the City to be used for employment development programs, the Federal contribution of $225,000.00 having been lost to the City during the week of June 18, 1984 because Local No. 18 refused to allow the City to hire persons through Canada Manpower or students until such time as the approximate 35 Local No. 18 members who are currently unemployed are rehired by the City. The Mayor advised that an additional amount of approximately $300,000.00 was refused because of actions of the Works Department two. years ago when persons were rehjred without regard to the seniority list, such actions having cost the City $50,000.00 which was paid to the Union to settle out of arbitration, however, as it is necessary under such government programs for City staff to consult with the unions concerned, efforts are being made to resolve this matter and a report will be forthcoming at Council's next meeting. ... Councillor Knibb requested that two items which were considered by Council in Committee of the Whole earlier this date, one with regard to First L.D.H. Ltd. and the Saint John Housing Commission, the other concerning Saint John Non-Profit Housing Inc., be added to the agenda for consideration at this meeting. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Her Worship the Mayor advised that she has requested the City Manager and Director of Personnel to determine a method of appropriately recognizing persons in the City's employ, such as Captain John Cooper of the Saint John Fire Department who was recognized by letter in 1982 for never reporting off duty for illness since the date of his employ in this Department which was August 13, 1951. The Mayor expressed the opinion that employees like Captain Cooper serve as exemplary models to other workers and that a policy for honouring such persons should be presented to Council for its consideration. Her Worship the Mayor noted the presence in the Council Chamber of Firefighters Wayne Jackson, Kenneth Haslett and Ivan O'Connor of the Saint John Fire Department, who avoided serious injury while engaged in their fire fighting duties by wearing their safety helmets, and she and Councillors Gould and M. Vincent presented to them Gold Helmet Awards in recognition of their safety precautions. Councillor Flewwelling referred to an item regarding overloaded trucks (copies of which were forwarded to Council members as an information item), and noted that the City Manager and Acting Chief of Police have reviewed this matter following Council's discussion of same at its last meeting. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan by redesignating a parcel of land at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and identified as the site of the Airport General Store, from Rural to Light Industrial classification, and (b) to re-zone the same parcel of land from "RS-l" One- and Two-Family Suburban Residential to "I-I" Light Industrial class"if'ication, to allow existing uses to continue as well as provide for the establishment of a small engine repair shop, as requested by Airport General Store, and that a letter opposing the proposed amendments was received from Mr. Stephen F. Horgan, solicitor for certain residents of Lakeside Drive, Evergreen Street, Hemlock Street, Ash Street and Loch Lomond Road was received, with a letter supporting the proposed amendments having been received from Mr. Gerry O'Neill. that the Consideration was also given to a letter from the Planning Advisory Committee recommending application for the above-proposed amendments be denied. . Mr. Wayn~ ~ritt of.80 Lak~side Drive appeared before Council, On behalf of property owners who s~g~ed the petltlon submltted wlth the above-mentioned letter from Mr. Stephen F. Horgan, in Opposltlon to the property referred to as the Airport General Store being re-zoned from One- and Two-~ami~y to.a Light Indus:rial.use and expressed the understanding that the current operation is not ln vlolatlon of the resldentlal code, therefore the re-zoning would be primarily for the addition of the. small ~ngine ~epair business. Mr. Britt expressed concern regarding the negative impact a llg~t lndustrlal zonlng could have on properties in the area, as well as the interference such a bU~lness.could have on the family lifestyles enjoyed therein, particularly in view of additional nOlse WhlCh could result from a business of this nature Mr B 'tt al d . .. . . rl so expresse concern wlth respec: to the dlsposal ~f ~ll waste and cleaning fluids and the safety of gasoline fill pipes in place ln front of the eXlstlng store, which would be close in proximity to the entrance of the I ... I I ... ~ ~ 397 proposed engine repair shop, the latter concern being in view of the lack of a fire hydrant system within four miles and the closest fire hall being at McAllister Drive which is approximately five to six miles in distance. Mr. Britt advised that the building itself is of concern as it lacks sanitary facilities and appears to be inadequate in size to appropriately accommodate the proposed business which could result in outside storage and an untidy appearance. Mr. Britt noted that the proposed structure will be located only two metres from the property line and that a light industrial zoning provides for all structures on the property concerned to be at least 7.5 metres at the rear away from the closest residential property line, and that persons in the area consider this type of zoning a violation of their neighbourhood and the intent under which they either purchased or built homes in the area, and also as being contrary to City planning as it will mean intermixing industrial with residential zoning. Mr. Britt expressed concern regarding the long-term implication the establishment of a light industrial zoning could have by way of precedence for further development of this nature. Mr. Britt filed with the Common Clerk a list of names additional to those on the said petition and distributed photographs of the rear of the property and the said fill pipes. . I I Mr. Britt, replying to a query of Councillor Poley, advised that the concern with regard to property devaluation is speculation on the part of the petitioners and that the nearest residence to the proposed business is approximately 150 to 200 feet. Councillor Knibb noted the proximity of the Saint John Airport to the area concerned and questioned why property owners would locate near same if they are so concerned about noise to which Mr. Britt replied that the nature of the noise, rather than the intensity, is of concern as that generated by an engine repair shop could be of longer duration than that created by the Airport. Mr. Britt, replying to a query of the Mayor, advised that he personally would find it more palatable if the proposed business could be allowed under the current zoning or under a non-industrial or general commercial zoning. . Mr. Brian McCumber, owner of the Airport General Store Ltd., addressed Council in favour of the above-proposed amendments and advised that he is currently in the process of rebuilding and updating the Airport General Store building and it is the intent to continue on with same and to include the small accessory building, the latter which is proposed to accommodate the small engine repair shop. Mr. McCumber referred to the photographs circulated by Mr. Britt and commented on the action to be taken to improve the appearance of the rear of the building and, with regard to the fill pipes, advised that these pipes are 30 feet and 29 to 30 feet from the existing store and the accessory building, respectively, which should reduce the concern of a fire hazard as regulations prohibit fill pipes being within 5 feet of a building opening. Mr. McCumber noted that there are 5 existing fire hydrants on Saint John Airport property which are available at any time to.th: City for.firefighting, 2 of which are approximately one-eighth of a mile from the store and accessory bUl~dlng and, wlth respect to sanitary facilities, noted that facilities in the Airport General Store are avallable to the accessory building. Mr. McCumber advised the landscaping plans and efforts to reduce problems with traffic insofar as the size of entrance/exit to the property is concerned and also advised that, should additional property be required to conform with the subject zoning, arrangements have been made to purchase property if necessary. Mr. McCumber, in reply to a query of the Mayor, advised that it is his understanding that a re- zoning of the property is necessary as the Airport General Store will be leasing the accessory building to an outside party for the operation of an engine repair shop and will not ,be operating the subject shop itself. Councillor Flewwelling asked the anticipated expenditure of the repairs to the subject accessory building to which Mr. McCumber replied that it will cost approximately $2,000.00 to $3,000.00 for same. I Mr. Robert Silver of Taylor Lake Road addressed Council in support of the above-proposed amendments and, replying to a query of Councillor Flewwelling, advised that it is his understanding, based on discussion with the Building Inspection Branch, that $250.00 yearly can be expended on the subject building without obtaining a building permit, therefore no further repairs can be made at this time. Mr. Silver added that, depending on Council's decision on this matter, a building permit may be issued. . Councillor Schermerhorn requested clarification of the zoning required to which Mr. Winch replied that, on the assumption that "I-I" classification was the category applied for, this is the appropriate type of zoning for the use proposed, which is a quasi-industrial operation. Mr. McCumber noted that the Planning Branch has recommended the subject amendments with the re-zoning subject to restrictions under Section 39 of the Community Planning Act and advised that certain of the subject improvements have been already carried out and he noted that the proposed business will offer an additional service to the community. Mr. McCumber, replying to a query of the Mayor, confirmed that Planning staff informed him that application must be made for an industrial re-zoning. Mr. Winch advised that he could review the Zoning By-Law further to determine whether or not there is another category in same to permit the proposed business. I Mr. Gerry O'Neill addressed Council in support of the above-proposed amendments and noted that it is he who is proposing to establish the small engine repair shop business on the subject property. Mr. O'Neill, reading from his previously-submitted brief, explained the nature of the proposed business and the type of improvements to be made to the subject building and addressed concerns of area residents regarding the storage of products and removal of waste, the provision of washroom facilities by the Airport General Store, and the problem of additional noise, the latter which research has indicated that there will be little or no additional noise pollution created by this enterprise. Mr. O'Neill circulated photographs of the subject property and noted that, to date, approximately $6,500.00 has been invested in same and that it is imperative to establish the business at the said location as to make a location move at this time could prove financially fatal. Mr. O'Neill concluded that he has no intention of industrializing the subject area as the business will be restricted to the operations pertaining to a small engine repair shop and that he will comply with a Section 39 re-zoning to ensure that such property is only to be used for the purpose stated on the application. I Councillor M. Vincent asked what quantity of residual oil could accumulate on the premises to which Mr. Silver replied that there is no way to actually estimate such amount due to the nature of the business, however he would anticipate no more than 45 to 90 gallons at any time prior to removal by the sanitation company. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and identified as the site of the Airport General Store, from Rural to Light Industrial classification, be read a first time. . Councillor Poley advised that, although he has no concern regarding the propose~ use of the subject building as it is in general conformity with buildings immediately around it, he is opposed to changing the zone of property located immediately adjacent to residential properties to a light industrial classification. Councillor Schermerhorn noted that the said letter from Mr. Horgan refers to activities at the Planning Advisory Committee which should be addressed at some time. Councillor M. Vincent noted that this letter 398 ""'Ill also includes the request that this matter be referred again to the Planning Advisory Committee and asked if Council should comply with same prior to Council making any decision on this matter and the Mayor referred to the reference in the said letter to the effect that a Committee member refused to vote on the application, and Mr. Nugent expressed the opinion that the concern that the author of this . letter broaches is with respect to administrative bodies and their being objective, impartial and appearing to be so in the conducting of a fair hearing, therefore, whether or not the situation as described existed at the subject meeting of the Planning Advisory Committee, Council and not the said Committee makes the determinative decision and, if this Council proceeding is proper, the occurrence ) at the Planning Advisory Committee will not give rise to a successful challenge to any action Council may take in this regard. The matter of alternate re-zonings to accommodate the subject business was again broached and Mr. Winch re-iterated that he would have to review the Zoning By-Law further to determine same and that a reply could be submitted at Council's next meeting. Councillor Flewwelling proposed that this matter be tabled pending such report. Deputy Mayor Davis expresSed the opinion that, as Council appears to be in favour of the proposed business yet is concerned that the area in I question may be re-zoned, Council should proceed at this time and, if further information is forthcoming, this could be considered prior to third reading of the proposed amendments. Mr. Winch, replying to a query of Councillor Gould, confirmed that the persons concerned would have to receive Council's approval prior to operating a business other than the store and an engine repair shop, if the latter is approved, on the property in question. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent I RESOLVED that the above matter be laid on the table for one week pending a report from staff regarding alternate re-zoning. Question being taken, the tabling motion was carried with Deputy Mayor Davis and Councillors Gould, Knibb and A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the correspondence regarding the above- proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan by redesignating a parcel of land containing approximately one acre with 160 feet frontage on Loch Lomond Road, located immediately to the west of the property located at 4105 Loch Lomond Road and identified as part of property L.R.I.S. Number 353656, from Rural to Light Industrial classification, and (b) to re-zone the same parcel of land from "RS-I" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, to allow the construction of a building to contain a local cabinet and woodworking shop and showroom, as requested by Mr. L. W. Thompson, and that a letter from Mr. Stephen F. Horgan, solicitor for certain residents of Lakeside Drive, Evergreen Street, Hemlock Street, Ash Street and Loch Lomond Road was received. Consideration was also given to a letter from the Planning Advisory Committee recommending that the 4,000 square metre parcel of land immediately to the west of the Airport General Store property be (1) redesignated on Schedule 2-A of the Municipal Development Plan from Rural to Light Industrial classification, and (2) re-zoned from "RS-l" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act which would (a) limit the use of the site to a woodworking shop, showroom and accessory sales, and (b) require, prior to the issuance of any permits, the submission of a site plan for approval of the Deputy Commissioner of Community Planning which would illustrate proposed building location, parking areas and landscaping, and outline storage areas, etc., with all improvements to be completed by June 30, 1985. Mr. Wayne Britt of 80 Lakeside Drive appeared before Council on behalf of the area residents named in the petition submitted with the above-noted letter from Mr. Stephen F. Horgan, in opposition to the proposed re-zoning. Mr. Britt advised that the primary concern is having an industry of this nature locate in the area as it could have a serious impact on property values and lifestyles of persons in the area. Mr. Britt expressed concern that light industry of this nature would involve heavier traffic and greater noise than otherwise experienced in a residential area as well as disposal problems of left-over materials. Mr. Britt noted that a change in ownership to a partnership arrangement will mean that this business, which has existed for approximately 35 years, will cease to exist as a family-type business and he suggested that businesses of this nature should locate in industrial parks which exist for such purposes. Mr. Britt also expressed concern that a precedent could be set for further industrial development in the area concerned and he circulated photographs of the property concerned depicting materials that are stored outside the premises and the lack of adequate screening from the residential properties nearby. Mr. H. J. Flemming, solicitor, appeared on behalf of the applicant in support of the above- proposed amendments and he noted that both the Planning Branch and the Planning Advisory Committee are recommending same. Mr. Flemming responded to Mr. Britt's concerns insofar as removal of waste, noise problems, adeQuate screening from adjacent properties, and location in an industrial park are concerned and referred to the comment in the submitted Planning staff report that the development itself will only be visible from Loch Lomond Road as the surrounding property other than the Airport General Store is forested which screens the site from residential properties on Lakeside Drive. Mr. Flemming expressed the opinion that it is paradoxical to be concerned with increased traffic and noise in view of the location of Saint John Airport in the area and he circulated a drawing of the type of prefabricated building proposed for the site and advised that the subject business, which has existed for approximately 35 years in this area, wishes to relocate because its land is being expropriated for use as a road to the Airport. Mr. Flemming stressed the urgency of this matter for failure to approve the re-zoning in accordance with the Planning Advisory Committee's recommendation would pose a considerable hardship on this business location which, when established, will employ nine persons. During ensuing discussion the matter of waste disposal was broached and Mr. Flemming advised that a system will be installed to accommodate waste from this type of business operation and he read a letter from the Department of Environment which indicates that no problem is foreseen with respect to the proposed dust and solid waste collection systems therefore no environmental problems are anticipated with regard to the proposed operation. Councillor Flewwelling suggested that, in view of the size of the building to be constructed, it might be more feasible to locate in an industrial park to which Mr. Flemming re-iterated that a shareholder in the company is willing to contribute the subject land as opposed to purchasing same or locating in an industrial park. Councillor Vaughan expressed concern about allowing business operations to locate in a residential area. . I . I I . .... "... .:u1~~ On motion of Councillor Knibb . Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land containing approximately one acre with 160 feet frontage on Loch Lomond Road, located immediately west of the property located at 4105 Loch Lomond Road and identified as part of property L.R.I.S. Number 353656, from Rural to Light Industrial classifi~ cationbe read a first time. I Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Councillor Poley re-iterated his concern, as expressed during discussion of the proposed amendments for 4105 Loch Lomond Road, with respect to opening a residential zone to an industrial use which could set a precedent for other industrial uses. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Poley, Schermerhorn, Vaughan and M. Vincent voting "nay". On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. . Notice had been sent to Gordon Roland Lewis, Owner and Parker D. Mitchell Ltd., Judgment Creditor, to appear at this meeting to show cause, if any, why the building located at 198-200 Britain Street (L.R.I.S. Number 1107), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that this building, which adjoins two adjacent properties, has been open to the public periodically over the past several years, and stated that this three-storey woodframe building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that notice having been given to Gordon Roland Lewis, Owner and Parker D. Mitchell Ltd., Judgment Creditor, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 198-200 Britain Street (L.R.I.S. Number 1107), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 198-200 Britain Street, in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Gordon Roland Lewis, Owner and Parker D. Mitchell Ltd., Judgment Creditor, are hereby required to remove or destroy the said building situate at civic number 198-200 Britain Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Gordon Roland Lewis, Owner and Parker D. Mitchell Ltd., Judgment Creditor, to remove or destroy the said building situate at 198-200 Britain Street, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Gordon Roland Lewis, Owner and Parker D. Mitchell Ltd., Judgment Creditor. . Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne stating that, because of certain actions of some employees, it now appears evident that Council must spell out as policy what would be accepted in other areas of the business world as 'just good business practice, i.e. that you cannot use City labour and/or materials for your own benefit or rent equipment to the City through contractors, that businesses cannot be carried out in the City's Works garage by employees, etc., and recommending that Council refer this matter to the City Manager to submit for Council's consideration at its next meeting an appropriate policy in regard to the above-noted as well as other areas of conflict of interest -- be received and filed and the recommendation adopted. I Councillor M. Vincent concurred that it is necessary to have policies, although not necessarily for the reasons outlined in the above letter, and he suggested that Council should immediately establish policies for all areas of City operation which are considered to be in the best overall interests of the City, its operation and the persons so involved. Councillor M. Vincent added that he hopes Council, prior to the expiration of its term,.will have completed an updated and revised policy manual applicable to all persons in the City structure. Councillor A. Vincent suggested that Council and not the City Manager should prepare such a manual. Question being taken, the motion was carried with Councillor A. Vincent voting "nay" On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the following recommendation be adopted, namely:- . "WHEREAS sports have always played an important role in the lives of Saint Johners; and WHEREAS many athletes of both sexes and all ages have brought recognition to themselves as well as to Saint John; and WHEREAS Saint John does not recognize athletes who are outstanding individually as is done in the New Brunswick Sports Hall of Fame; and WHEREAS many local communities across Canada have established their own local sports hall of fame lIl.. 4100 " to recognize individuals who have proven to be outstanding athletes in their chosen sport or sports; and WHEREAS Saint John does not presently have its own local sports hall of fame; and WHEREAS 1985 is the Bicentennial celebration of the City of Saint John; and WHEREAS a Saint John sports hall of fame would serve to link our sporting past with the present: ~ ,. BE IT RESOLVED that the Mayor, with consultation with the Nominating Committee, establish a commattee to: (I) determine what communities across Canada have local sports halls of fame and what their criterion for selection is; (2) obtain and study these guidelines so that recommendation for the establishment of a Saint John sports hall of fame could be submitted to Council for its consideration; (3) study and make recommendation as to the formal way of recognizing prospective candidates; (4) recommend where or in what building the hall of fame could be housed; and (5) report findings to Council by the end of October 1984 so that Council, if in agreement, may initiate the steps to establish a Saint John sports hall of fame during our Bicentennial year of celebration. ft. Question being taken, the motion was carried. Read a letter from Councillor Flewwelling expressing the oplnlon that, in light of the budget submitted to Council at its last meeting by the Saint John Harbour Bridge Authority, Council has a right to receive more detailed information, especially on such items as stationery - $25,000, miscellaneous - $13,000, etc., and that the five members appointed by Common Council to this Authority should remember at all times that they are Council appointees as it is unjust and poor practice for any member of the Harbour Bridge Authority, especially the City appointees, to believe they have a right to challenge the Council and be insubordinate to the Mayor and Council as indicated by statements published in the press, copies of which are submitted, and recommending that Council pass a resolution asking the Chairman of the Saint John Harbour Bridge Authority, and any members he may wish to accompany him, to meet with Council to explain the budget details and, if they refuse, Council will have to take necessary action with the other levels of government. A motion was proposed by Councillor Flewwelling and seconded by Councillor Schermerhorn that the above recommendation be adopted whereupon Councillor M. Vincent expressed agreement if such motion excludes the action proposed should the Board refuse to meet with Council. The Mayor asked the status of Council's previous resolution inviting the Authority to meet with Council to which the Common Clerk advised that such letter has been written. The Mayor requested Mr. Nugent to submit to Council at its next meeting a legal opinion respecting statements attributed to Mr. Stephen, as indicated in the submitted copies of press items, to the effect that he will not recommend that the Authority meet with Council on the budget and what action Council can take should the Authority refuse to meet with Council. Councillor Flewwelling agreed to allow his motion to stand with the exception of the last sentence on the understanding that the Legal Department will submit a report on same at Council's next meeting. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the Chairman of the Saint John Harbour Bridge Authority, and any members of the Authority he may wish to accompany him, be asked to meet with Council to explain the details of the Authority's 1984-1985 budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt recommended by the City Manager, authority be June 7-13, 1984 $30,645.53 (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt recommended by the City Manager, authority be June 14-20, 1984 $10,804.94 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Market Renovations, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract CM #5 - Electrical Distribution Marque Construction Ltd. Installation of upgraded electrical system Original estimated value of contract Total work done, Estimate Number 7 Retention Less previous payment Sum recommended for payment, Progress Estimate Number T, dated June 14, 1984 Final release of holdback $ 99,907.00 111,059.72 Nil 94,400.76 $ 16,658.96 . I I . I . I I . ~ ~ ~Oi Question being taken, the motion was carried. . On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Church Avenue Grade Separation J. D. Irving Limited (Irving Equipment) Relocation of Irving Pulp and Paper power line Original estimated value of contract Total work done, Estimate Number Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated May 25, 1984 Final payment $ 10,000.00 10,000.00 Nil Nil $ 10,000.00 I Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of C.I.L. Inc. for the supply of the City's liquid chlorine requirements for the period July I, 1984 to December 31, 1984, at the prices as quoted, be accepted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the low tenderer, New - East Electrical Co., of Saint John, N.B., be awarded the contract to supply and install time clock controls for the sportsfield lighting at Memorial Field, Shamrock Park, Allison Grounds and Forest Hills Park, for the sum of $5,880.00. Question being taken, the motion was carried. On motion of Councillor Schermerhorn ~ Seconded by Councillor Poley RESOLVED that as recommended by the City Manager, the tender of Fairville Department Store Ltd., in the amount of $49.90 per pair, be accepted for the supply of safety boots on a consignment basis. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, contract 84-4, Sandy Point Road water and sewer construction, be awarded to the low tenderer, Que-Mar Construction (Maritimes) Limited, in the amount of $60,162.00, and that the Mayor and Common Clerk be authorized to execute the necessaw contract documents. (Councillor Knibb withdrew from the meeting.) . The Mayor asked if all materials to be used in the above contract meet with C.S.A. approval to which 'Mr. Armstrong replied in the affirmative. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender for fire fighting supplies be awarded in accordance with the recommendation contained in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the contract for chipsealing - 1984 be awarded to Atlantic Colas Limited of Fredericton, N,.B., at the tendered amount of $83,406.48, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the engagement of Snider Consultants Limited, which was approved by Council on October 6, 1980, to prepare operations and maintenance manuals for pumping and treatment facilities within the City system at an estimated cost of $35,000.00, recommending that Common Council approve the final payment of $3,749.99 to Snider Consultants Limited for the development of the said manuals -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. ~ 4'16~ " On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the following recommendations of the City Manager be adopted, namely:- (1) that the lease with Building Services Ltd. at 320 Charlotte Street be renewed for a period of one year from July 1, 1984 at a rental of $655.00 per month, that a new clause be added allowing cancellation on 60 days notice, and that all other clauses in the lease remain unchanged; (2) that the lease with Apex Industrial Supply Limited at 320 Charlotte Street be renewed for a period of one year from July 1, 1984 at a rental of $1,575.00 per month, that a new clause be added allowing cancellation on 60 days notice, and that all other clauses in the lease remain un- changed; (3) that the lease with Apex Machine Works Limited at 320 Charlotte Street be renewed for a period of one year from July 1, 1984 at a rental of $1,520.00 per month, that a new clause be added allowing cancellation on 60 days notice, and that all other clauses in the lease remain unchanged; and (4) that the lease with Christian Ambassadors Inc. at 320 Charlotte Street be renewed for a period of one year from July 1, 1984 at a rental of $30.00 per month, that a new clause be added allowing cancellation on 60 days notice and that all other clauses in the lease remain unchanged. Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting due to a possible conflict of interest, and, Councillors Knibb and M. Vincent re-entered the meeting.) Consideration was given to a letter from the City Manager regarding a request from Mr. Lynn Nason, solicitor for Francis J. McGill, for an easement permitting the encroachment of the McGill's building upon Cottage Road, recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and in consideration of the payment of $1.00, the Mayor and Common Clerk be authorized to execute an easement in favour of Francis J. McGill and Peter H. McGill to permit the encroachment of their building on Cottage Road, Saint John East, upon that road, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) . I I . Read a letter from the City Manager regarding a request from Mr. Richard J. McPhee, solicitor I for Miss Shirley F. Brown, for an easement permitting encroachments of the building upon Union and Pitt Streets, recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and in considera-"'c,. tion of the payment of $1.00, the Mayor and Common Clerk be authorized to execute an easement in favour of Shirley F. Brown to permit the encroachments of her building on the southwest corner of Union and Pitt Streets, Saint John, upon those streets, such easement to terminate with the destruction or removal of the encroachments. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding a request from Mr. . Raymond Glennie, solicitor for the vendors of a building on Anthony's Cove Road, for an easement permitting the encroachment of their building ,upon that road, recommending adoption of the submitted resolution which was prepared by the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that as recommended by the City Manager and in considera~c, tion of the payment of $1.00, the Mayor and Common Clerk be authorized to execute an easement in favour of Donald aud Joan Ryder to permit the encroachment of the building known as civic number 248 I Anthony's Cove Road upon that road, such easement to terminate with the destruction or removal of the encroachment. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding reorganization of the City Hall administration, advising the status of recommendations made to Council in Committee of the Whole in October 1983 with regard to the following departments:- (I) Police Department - the search by Woods Gordon is near completion for suitable candidates for the Chief of Police position; (2) Fire Department - the selection for the Deputy Chief of Administration has been completed and the Deputy appointed; (3) Community Planning and Development - Mr. William D. Todd has been appointed Deputy Commissioner of Housing and Renewal Services and Executive Director o~ the Housing Commission; (4) Legal Department - a competition is presently in progress to obtain a replacement for the position vacated by Ms. Paula O'Reilly, solicitor; (5) Tourism and Public Relations - a competition for a public relations officer is in progress and the tourism development section of such Department is working closely with the Council-appointed members of the Visitor and Convention Bureau; (6) Recreation 'arid Parks Department - no change; (7) City Manager's Office - due to the increase in the workload at the senior level of City Hall, it will be necessary to reorganize this office as follows: (1) Mr. Nicholas Barfoot to be Assistant City Manager (Administration), and (2) Mr. Charles Robichaud to be Assistant City Manager (Operations); (8) Finance Department - the functions of this Department will remain the same with discussions to be held with the City Manager, Mr. Robichaud and Mr. Wilson to decide whether or not the Purchasing Section will remain with Finance or join the proposed new depart- ment; and (9) Department of Engineering and Works - to be reorganized as follows:- (1) Mr. Charles Robichaud to be appointed Assistant City Manager (Operations), (2) Mr. Claude MacKinnon to remain as Commissioner of Engineering and Works but report to the City Manager through Mr. Charles Robichaud, and (3) the SUPpl d S' . y an ervlces Sectlon of the present Engineering and Works Department to become a I . .... r'" MlJ . I I . I . I I . ... separate department known as the Supply and Services Department, which will report directly to the Assistant City Manager (Operations). On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, Mr. Charles Robichaud be appointed as Assistant City Manager in charge of Operations; that Mr. Nicholas Barfoot be the Assistant City Manager in charge of Administration, and that the proposed changes in the City Hall organizatioq as outlined above, be approved by Council, effective immediately. Councillor A. Vincent expressed the opinion that Council is proceeding too quickly on this matter and should first have a proper organization chart and review previous reports on this matter prior to making a decision on same. Councillor Poley advised that, although he agrees with the general thrust of the above recommendation as it involves more than one department, he is concerned with one aspect of same, that being the possibility of any implications for the City and suggested that this matter should be tabled pending a review by legal counsel of this matter. Councillor M. Vincent also expressed concern with respect to the possibility of legal ramifications to the City, which was broached by Council in closed session earlier this date, and advised that he would appreciate an opportunity for further input from the Legal Department in this regard. On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table pending a report from the Legal Department. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Flewwelling, Gould, Knibb, Schermerhorn and Vaughan voting "nay". Question being taken, the original motion was carried with Councillors Poley, A. Vincent and M. Vincent voting "nay". 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 begs leave to report that it sat on Monday, the eighteenth day of June, A.D. 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermer- horn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- I. That as recommended by the Nominating Committee, the following persons be appointed to the Saint John Transit Commission for terms as noted: Mr. Arthur L. Gould - term to expire June 30, 1986; Mr. James Kemp - for a three-year term from July 1, 1984; and Mrs. Alva Stackhouse - for a three-year term from July 1, 1984. 2. That as recommended by the Nominating Committee, Councillor Flewwelling be appointed to the Board of Directors of Hospice of Saint John, Inc. June 25, 1984 Saint John, N. B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd.) On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the proposed new Building By-Law, which was given first and second readings and referred to the Planning Advisory Committee on May 22, 1984, recommending that the new Building By-Law be enacted. The Mayor suggested that, due to the length of the above-proposed By-Law, Council may wish to authorize the necessary advertising to eliminate the necessity of such By-Law being read in its entirety prior to third reading, such procedure which would take approximately three weeks. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that Council authorize the necessary advertising in order for the proposed new Building By-Law to be read by section numbers only prior to third reading. Councillor Knibb suggested that, in the interim, Council should request the Planning staff to review again for Council the revisions in the proposed By-Law which will accommodate homeowners who wish to make changes in their properties. Question being taken, the motion was carried. ~'H\ ., On motion of Councillor M: Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from The Saint John 1985 Canada Summer Games Society, Inc., submitting a copy of the Society's progress report for the period January 1 to May 31, 1984, and advising its intent to update Council on a monthly basis commencing in June through to the end of the Summer Games -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the 1983 Annual Report of the Saint John Environment I Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Maritime Nuclear expressing appreciation for Council's support of the construction of a second nuclear reactor at the existing Lepreau nuclear generating site and submitting, in response to Council's request of June 11, 1984, information kits which should provide an overview of what Maritime Nuclear is attempting to do and the rationale behind it -- be received and filed and Council express its appreciation for the said information. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Sirson Ltd. noting that the sidewalk immediately behind the Harbour building has deteriorated to the point that it is actually dangerous for pedestrians as the whole sidewalk slants away from the building which makes walking difficult and the concrete or asphalt has broken up in several places leaving rough drop-offs which could easily cause persons to fall and seriously injure themselves; pointing out that, while the conditions in the area of the building in which Sirson Ltd. is located is this company's main concern, a similar condition exists along most of the sidewalk on Water Street, and requesting that repairs be made to this sidewalk as soon as possible to provide some degree of safety for those using same -- be referred to the City Manager for a report at Council's next meeting. . Councillor Knibb expressed the opinion that the above company's concern is unnecessary as this appears to be a minor problem and that the letter should be received and filed and Sirson Ltd. be advised that Water Street will be upgraded in due course. The Mayor suggested that it is Council's obligation to review such matters. Question being taken, the motion was carried with Councillors Knibb and A. Vincent voting I "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Patrick Roy advising that he would like to start a taxi business at 64 Ludlow Street and, although the location was approved by the Planning Advasory Committee, the Taxi Inspector, who previously gave his consent if Mr. Roy located in a commercial zone with adequate parking spaces for his vehicles, is of the opinion that the location at 64 Ludlow Street is too close to Coastal Taxi on King Street West and that the subject building should be torn down and that persons in the area were against the opening of a new taxi stand, and advising that he is aware of only two persons opposed to same and that all others with whom he has spoken are in favour of his taxi business -- be referred to the Acting Chief of . Police. Mr. Winch, replying to a query of Councillor A. Vincent, confirmed that the Planning Advisory Committee approved Mr. Roy's application as a conditional use with conditions on the basis of the Zoning By-Law and that there are, in some cases, regulations which prohibit businesses from operating adjacent to other businesses. Councillor Knibb suggested that the Council committee appointed to review the matter of taxi operation should meet with the Taxi Inspector regarding this matter, with which the Mayor concurred and suggested that the Acting Chief of Police also meet with them and that a report be submitted to Council at its next meeting. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Robert and Carole Duval outlining a project proposal for property located on Red Head Road which would allow public access to the beach -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. I (Councillor Poley withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of The Canadian Red Cross Society for re-zoning of property at 1 Bayard Drive be referred to the Planning Advisory Committee for a report and recommendation and that authority be granted for the necessary advertising in this regard, with the public hearing to be held on July 23, 1984. . Question being taken, the motion was carried. .... ,.... ." 1j}ij5 (Councillor Poley re-entered the meeting.) . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Board of Directors of First L.D.H. Ltd. take the necessary steps to transfer the the shares and assets of the said Company to the Saint John Non-Profit Housing Inc., and that Council approve the dissolution of the Saint John Housing Commission and transfer its responsibilities for the Rockwood Court project to the Saint John Non-Profit Housing Inc. I The Mayor commended the members of the Saint John Housing Commission for their efforts on behalf of the City. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that Common Council approve the following action of the Saint John Non-Profit Housing Inc.:- (I) adoption of its By-Laws, as submitted; (2) election by the Board of the following officers:- President - Mr. John Disher, Vice President - Mr. Arthur Flood, Treasurer - Mr. John Gallagher, and Secretary - Mr. Richard Franey; (3) that in accordance with the stipulation of section 2.(2) of the said By-Laws that, in the initial appointment of the Board members, some members will serve less than a three-year term to prevent all the members from retiring at the same time, Councillor Knibb and Messrs. Richard Franey and Walter Flewelling will serve an initial two-year term with the remaining members serving a three-year term; and (4) that, in accordance with section 6 of the said By-Laws, which allows for Council and the Board to appoint a General Manager, the Board has resolved that the General Manager will be Mr. W. D. Todd. Councillor M. Vincent expressed opposition to the above motion on the basis that section 2. (1) of the said By-Laws provides for two members of Council to serve on the Board. . Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay'.'. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I ~ fi"~7M At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the third day of July, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . Messrs. N. Barfoot, Assistant City Manager (Administration); J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; S. Armstrong, Deputy Commissioner of Engineering; C. Robichaud, Assistant City Manager (Operations); M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; P. Clark, Fire Chief; R. McDevitt, Deputy Fire Chief; C. Breen, Acting Chief of Police; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; R. Adams, Property Management Branch; and Miss M. Conley, Administrative Assistant to the Mayor. I The Reverend Blaine W. Dunnett of St. Matthew's Presbyterian Church offered the opening prayer. Her Worship the Mayor commended Mr. Eric Teed and members of the Canada Day Committee for their efforts in the organization and success of activities in celebration of Canada's birthday on July I, 1984, and commented on the issuance of a stamp by Canada Post Corporation in commemoration of the Bicentennial of the Province of New Brunswick. I Her Worship the Mayor referred to her letter to The Market Square Corporation (copies of which were forwarded to Council members as an information item) requesting the Corporation to review the possibility of establishing a Saint John centre or sportsplex in accordance with Council's motion of June 11, 1984, and added that The Market Square Corporation, in accordance with the Act to incorporate this body, is to assist and co-operate with the three levels of government etc. in establishing parking, transportation, cultural, commercial, recreational and other civic and commercial facilities. . Her Worship the Mayor extended a message of condolence to the family of the late Mr. John Lapierre, Manager of Sumner Tire & Automotive, who passed away unexpectedly on June 30, 1984 while fishing on the Miramichi River. The Mayor noted that it was Mr. Lapierre who brought to the City's attention that specifica_ tions for a tire spreader were, in his opinion, greater than the City's requirements and recommended a tire spreader which eventually saved the City approximately $6,000.00 even though his company was low quote on the initial tender call. The Mayor noted that Tattoo 200 will be held in the City on July 7 to 11, 1984 and she encouraged citizens to attend this event which is a completely new performance from that held in 1983. ... 4)O~ "'IIIIl Her Worship the Mayor noted the presence in the Council Chamber of a group of young people to mark the official opening of the City's playgrounds on this date. Mr. Brownell a.dvised that these young people represent three of the City's playgrounds, namely, the Carleton, Somerset and North End Community Centres, and that it is their intent to read a proclamation to Common Council on behalf of all the playground children in the City, and he noted that in 1983 approximately 1,200 children, between the ages of 6 and 12, attended the City's playground program. Mr. Brownell introduced Miss Dena Richard and Master Sam King, who read the said proclamation, following which the Ma.yor presented the key to the playgrounds to the children with the request that they keep the playgrounds neat and clean and ensure that no vandalism occurs therein. The Mayor displayed a copy of a 1985 Bi-Centennial Calendar which was a project of the students of the M. Gerald Teed Memorial School and she commended the students for their efforts in this regard. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on June 25, 1984, be adopted. Question being taken, t4e motion was carried. Consideration was given to a letter from Mayor Wayne suggesting that, to mark the occasion of the 200th anniversary of the incorporation of the City of Saint John in 1985, it would seem appropriate that City Hall have its own Bicentennial project which would involve all departments and all employees, and proposing that such Bicentennial project be a "Time Capsule" which would allow participation by all employees with each department to contribute articles and items for "burial". The Mayor advised that Ms. Huntington-LeBlanc approached her regarding a project to celebrate the Bicentennial and that, although time may not permit, it was proposed to place a time capsule in a cornerstone of the Canada Games Aquatic Centre and she suggested that, in order to avoid a large expenditure of funds on such project, Mr. Robichaud be requested to review this proposal. Councillor M. Vincent noted that the previous Council adopted a resolution that a multiplex or sportsplex would be the City's Bicentennial project and suggested that, should The Market Square Corporation determine that the proposal for a Saint John Centre is feasible, Council's reaffirmation of the previous Council's resolution could mean more favourable consideration for funding from the other levels of government and advised that, with the understanding that the above project would not replace the idea of a Saint John centre and would be completely separate therefrom, he would propose the adoption of the Mayor's proposal for a time capsule. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the City of Saint John adopt the concept of a "time capsule", which would allow participation by all City employees with each department being able to contribute articles and items for "burial", as a Bicentennial project to mark the occasion of the incorporation of the City of Saint John in 1985. The Mayor suggested that, should a sportsplex be constructed, the proposed time capsule could be placed in its cornerstone and Councillor A. Vincent suggested that a more suitable location for the placement of such capsule would be King Square whereupon the Mayor suggested that staff review such suggestion. Question being taken, the motion was carried. Read a letter from Mayor Wayne noting that Saint John Night at "Tattoo 200" will be held on Monday, July 9, 1984 at 9:00 o'clock p.m. with the City hosting a reception on that date at 7:30 o'clock p.m., and suggesting that, as the regular Council meeting for July 9 is scheduled to commence at 7:00 o'clock p.m., Council may wish to consider whether to change the time of the regular meeting to 4:00 o'clock p.m. with no Committee of the Whole, however, if this action is taken, it will be necessary for Council to authorize re-advertising and set a new date, which could be Tuesday, August 7, 1984, for the public hearings of proposed amendments to the Municipal Plan and Zoning By-Laws which are scheduled for July 9, 1984. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the time of the regular Council meeting, scheduled for July 9, 1984, be changed from 7:00 o',clock p.m. to 4:00 o'clock p.m., with no Committee of the Whole to be held, and that authority be granted for the necessary re-advertising with regard to public hearings for proposed amendments to the Municipal Plan and Zoning By-Laws which have been advertised for July 9, 1984, with the said public hearings to be held on Tuesday, August 7, 1984. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne regarding a motion at the Federation of Canadian Municipalities conference of June 3 to 7, 1984 concerning a request to the Federal Government for the reinstitution of the UTAP Program for municipalities, either as a separate program or a succesSOr program to UTAP, to include financial assistance to municipalities wishing to undertake a program of railway relocation from within their boundaries, advising that Mr. Harry Gaunce of the Saint John Transit Commission was in attendance at meetings held in St. John's, Newfoundland for the Atlantic Region in this regard, and requesting that, as submissions from the Federation of Canadian Municipalities appear to have an impact upon the Federal Government in view of its good rapport with same, Council go on record requesting the Board of Directors of the said Federation to make a personal submission with regard to this specific area of concern. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Common Council of the City of Saint John request the Board of Directors of the Federation of Canadian Municipalities to make a personal submission to the Federal Government with regard to the reinstitution of the UTAP Program, or a successor program to UTAP, which will include financial assistance to municipalities wishing to undertake a program of railway relocation from within their boundaries. . I I . I . I I . ..... ~ 4ij7 Question being taken, the motion was carried. . Read a letter from Mayor Wayne regarding amendments to the Police Act which were given third reading by the Provincial Legislature on June 22, 1984, with absolutely no consultation with the municipalities. The letter advises that, prior to the said third reading, she was asked by Mayor Elbridge Wilkins of Fredericton, N.B., President of the Cities of New Brunswick Association, if she would support him in requesting the Minister of Justice to table such amendments and request that consultation take place with this Association before any action on the part of the Provincial Government occurred. The letter expresses the understanding that, among other things, these amendments will provide the Province with the power to take away an investigation from a municipality and request the R.C.M.P. to investigate without the municipality making such request, call for a uniform rank structure across the Province and refer to the terms of promotions, the latter indicating that the Province is getting involved with collective bargaining. The letter expresses the opinion that this is just another example of the Provincial Government eroding the autonomy of the municipalities and that Council should have a meeting with the MLAs, the Minister of Municipal Affairs and the Department of Justice on the aforementioned and reQuests Council's direction in this regard. I On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the City Manager arrange a meeting with the local Members of the Legislative Assembly to discuss the recent amendments to the Police Act; During ensuing discussion Councillor M. Vincent expressed the opinion that Council must be careful at the municipal level to not attempt to have too strong an input in a direct fashion into Provincial legislation, as there is a possibility that Council has been used in the past by Provincial politicians as a sampling and testing ground for exposure purposes for proposed legislation which is a practice with which he disagrees. Councillor M. Vincent suggested that communication with respect to proposed amendments to Provincial legislation should be between staff at the Provincial and municipal level prior to these proposals reaching the ministerial level and subsequent presentation in the Legislature. The Mayor suggested that, as the Police Act amendments have not as yet become law, Council may have an opportunity to provide input in this regard and that the Acting Chief of Police should also review these amendments. . Question being taken, the motion was carried. I Consideration was given to a letter from Mayor Wayne referring to Council's discussion at its last meeting with regard to referring to the City Manager the matter of a policy for good business practice within the City for Council's adoption and Councillor A. Vincent's suggestion at that time that Council should draft such policy; stating that whereas by far the largest percentage of the City employees are good, honest, reliable people, and she is happy to state that they bring integrity to their workplace each day as they arrive and whereas she finds it difficult that this Council is forced to reiterate and reduce to writing a policy which the above-mentioned majority of employees recognizes as common law and did not have to have it in writing, but nevertheless, because of the actions of a few, Council must now formalize what, she believes, has always been the policy. The letter submits a policy for Council's consideration, noting that such basic policy appears to be covered in Section 90.8(2) of the Municipalities Act, and advising that the provision with respect to emergency measures still remains in full force and effect and this policy, in no way, restricts the different' City departments going to the assistance of the citizens or entering on their private property when emergencies arise, and proposing that the following be the City policy:- (1) that no employee has the right to use City material, machinery and/or labour for their own benefit; (2) that employees are not to make arrangements to rent their own equipment back to the City for projects through contractors doing business with the City as this is a conflict of interest; (3) that, from this date forth, employees are not to use the City's Works garage for any purpose 'other than for City business, and (4) employees are not to engage in any activity which could lead to a conflict of interest with their position with the City. Her Worship the Mayor noted that the above letter should indicate that the basic policy appears to be covered for members of Council and for senior employees in the said section of the Municipalities Act. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the above policy be accepted in principle and referred to the Legal Department for review and report to Council at its next meeting. I Councillor Schermerhorn, in proposing the above motion, suggested that referral to the Legal Department for possible expansion and refinement would ensure that the basis of such policy is covered in a technical sense. Councillor A. Vincent suggested that (1) above should also include members of Council and he referred to a Councillor having a car painted whereupon the Mayor commented on this reference and provided an explanation of same. Councillor A. Vincent also suggested that a policy should be adopted prohibiting City employees from purchasing wholesale through use of the City's name to which the Mayor reQuested that the Legal Department consider this suggestion in its perusal of the proposed policy. Discussion continued regarding an appropriate format for the above policy as well as concerning an overall policy manual for the City and Councillor Vaughan suggested that the policy with respect to the City Manager's spending authority of $5,000.00 should also be reviewed and Councillor A. Vincent suggested that the matter of travel advances should be reviewed. Question being taken, the motion was carried. I Consideration was given to a letter from Councillor Schermerhorn requesting a status report on the matter of W.A.C. Excavators at 100 Rodney Street in view of the letter and petition from residents of Saint John West which was considered by Council at its meeting of May 14, 1984. Mr. Nugent, replying to a query of Councillor Schermerhorn, advised that it is expected that the above situation will give rise to an order being issued within a week requiring the subject company to comply with the Zoning By-Law. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above letter be received and filed. . Question being taken, the motion was carried. ~ ~OB ., On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that as recommended be granted for payment of the following invoices, namely:- Steele Trucking Ltd. - supply of gravel June 1-15, 1984 Stephen Paving (1982) Ltd. - supply of asphalt June 21-27, 1984 by the City Manager, authority $ 6,282.18 $49,158.29 Mr. Brownell, replying to a query of Councillor Schermerhorn, explained that the City provided a quantity of asphalt to the Saint John Horseshoe Club, the latter having provided labour and materials, for standing areas around horseshoe pits at Shamrock Park as part of a capital sharing program. Councillor M. Vincent asked that staff obtain information regarding the Provincial Government's plans to complete the paving of RothesayAvenue. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Lancaster Painting Co. Ltd., in the amount of $7,667.15, be accepted for painting the interior and exterior of #5 Fire Station, Main Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, contract 84-7, Charlotte Street reconstruction, be awarded to the low tenderer, Que-Mar Construction (Maritimes) Ltd., at the tendered price of $741,959.00 for Option B night work, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Discussion ensued during which time the termination point of the above reconstruction project was broached as was the nature and Quantity of the work to be completed during the night- time hours, and Mr. Armstrong noted that it is proposed that the heavy construction items of sewer and waterline replacement will be performed at night so as to minimize as much as possible inter- ference to the local business establishments, and advised that,' following award of the tender, it will be possible to discuss the scheduling of this project further in an attempt to expedite the project. Councillor A. Vincent re-iterated that, as suggested at a previous meeting of Council, a meeting should have been held with members of the unions concerned in the interim period between tender advertising and awarding in an attempt to reach an agreement to avoid the necessity of paying overtime for double shift work. Discussion continued regarding the difference in the engineer's estimate of $662,000.00 and the tendered amounts and the receipt of only two tenders for the subject contract, as well as with regard to the provision of supervision for this project, and Councillor A. Vincent requested information on holdback payments and dates thereof since Council's adoption of the policy which includes no provision for a holdback on such projects. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling 70m2 of land, required for a sewer easement Mr. Ronald Jordan for the sum of $100.00. RESOLVED that as recommended by the City Manager, over property on the Sproule Road, be acquired from Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the contract for concrete work 1984 be awarded to Que-Mar Construction (Maritimes) Ltd., at the tendered amount of $474,921.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Knibb asked if Que-Mar Construction (Maritimes) Ltd. is able to perform both the Charlotte Street reconstruction project and the concrete work for 1984 and whether, if Council continues to award tenders to the low bidder, this will result in one company dictating to the City. Mr. Armstrong expressed the opinion that the above contractor can perform both projects and he expressed agreement with awarding tenders to the low bidders thereon. Discussion ensued regard- ing whether the concrete work will be performed by machine and Mr. Armstrong expressed the under- standing that the subject company has access to this type of machine and also that the above contract is a unit price contract and the quantities are approximations only, however he does not expect the prices to vary to any great extent. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motionof Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute, on behalf of the City of Saint John, the revised Canada Works Project Agreement No. 649 BE2 with regard to a minimum standards survey, which will enable the City to employ an additional two students to the seventeen originally requested for twelve weeks each at the the minimum wage. Question being taken, the motion was carried with Councillor A. Vincent voting tfnay". . I I . I . I I . ..... JI""'" 4\W'~- . I I . I . I I . Iil.. Read a letter from the City Manager regarding the proposed Municipal Plan amendment and re-zoning of property at 4105 Loch Lomond Road, as re~uested by Airport General Store Ltd., first reading of the Municipal Plan amendment having been tabled at Council's last meeting pending a report from Planning staff with respect to whether such property could be re-zoned to a "B" Business classification rather than the "I-l" Light Industrial zone as proposed. The letter submits a report from the Planning Branch which concludes that the intent of the Zoning By-Law is not to permit a small engine repair shop and sales business in Business zones but that such use is consistent with other uses permitted in Industrial zones. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and identified as the site of the Airport General Store, from Rural to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried with the Mayor and Councillors Davis, Flewwelling and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and identified as the site of the Airport General Store, from Rural to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried with the Mayor and Councillors Davis, Flewwelling and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land'at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and identified as the site of the Airport General Store, from "RS-l" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with the Mayor and Councillors Davis, Flewwelling and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and identified as the site of the Airport General Store, from "RS-I" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried with the Mayor and Councillors Davis, Flewwelling and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from the City Manager regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Mr. D. C. Wilson, Commissioner of Finance, advising that he and Mr. C. E. Nicolle, the City's representatives on the Canada Games Co-ordinating Committee, have reviewed the proposed leases for The Rothesay Tennis Club, The Renforth Rowing Club, the Royal Kennebecasis Yacht Club, and the Lord Beaverbrook Rink and recommend that the City of Saint John give its approval to The Saint John 1985 Canada Summer Games Society, Inc. to execute the proposed leases. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that approval be given to The Saint John 1985 Canada Summer Games Society, Inc., to execute leases for The Rothesay Tennis Club, The Renforth Rowing Club, the Royal Kennebecasis Yacht Club and the Lord Beaverbrook Rink, subject to approval by the Legal Department. Question being taken, the motion was carried. On motion of Councillor Schermerhron Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. John L. Nugent, Solicitor, expressing the opinion that, in response to Council queries at its last meeting regarding the Saint John Harbour Bridge Authority, the Authority is not legally obliged to meet with Common Council to discuss the budget of estimated expenditures which the Authority must submit to Common Council and, therefore, Cammon 4j/.~ .., Council cannot insist upon such a meeting being held; explaining the relationship of Common Council with the Harbour Bridge Authority in terms of the Authority's said budget, such relationship having been established by Agreement in July 1966 with the City, the Authority, Her Majesty The Queen in Right of Canada and Her Majesty The Queen in Right of the Province of New Brunswick, which anticipates an expression of approval or disapproval from the City, Canada and the Province within 30 days of the submission to them of the budget of estimated expenditures and providing that, if there. is not unanimous approval or disapproval, the Province and Canada may make a decision which will be binding upon the City, and suggesting that the Authority's present willingness 'to meet with Common Council to discuss the said budget should allow Common Council the opportunity to acquire the information which it considers necessary to evaluate the Authority's submission -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the correspondence from Mr. John L. Nugent, Solicitor, advising that the following private legislation, which was sought by the City, was enacted by the Provincial Legislature and became effective on June 20, 1984:- (1) An Act To Amend The Saint John Building Act, 1925, (2) An Act To Amend The City Of Saint John Pension Act, (3) An Act To Clarify Title To Certain Lands In The City Of Saint John Formerly Vested In The Saint John Horticultural Association, (4) Saint John Aquatic Center Commission Act, and (5) An Act To Amend An Act To Authorize The Establishment Of A Commission To Control Parking In The City Of Saint John", and advising that it is now in order for Counuil to attend to the appointment of five members to the AQuatic Center Commission in accordance with subsection 2(2) of the Aquatic Center Commission Act -- be received and filed and the matter of appointment of Aquatic Center Commission members be referred to the Nominating Committee. Councillor Murray suggested that the Nominating Committee should seriously consider appointing to the above Commission those persons who are currently serving on the Interim Committee. . I I Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments . to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Malcolm O. Cosman, C & K Trucking Ltd., have been completed and the reQuired waiting period for objections expired on June 27, 1984 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. Malcolm O. Cosman for a Municipal Plan amendment and re-zoning of property on Golden Grove 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 Tuesday, August 7, 1984. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, June 11, 1984, when there were present Deputy Mayor Davis and Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. Finance related That as recommended by the Finance Committee, approval be given to the Commissioner of to call for proposals for the required banking services to The City of Saint John and other entities. July 3, 1984, Saint John, N. B. Respectfully submitted, Samuel Davis, C h air man. (sgd. ) On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Knibb, speaking in opposition to the above motion, expressed the opinion that there is no need at this time for the City to advertise for banking proposals when excellent service has been provided by the Bank of Nova Scotia. Councillor Schermehorn suggested that the above motion is not intended to reflect on the Bank of Nova Scotia and that it is an attempt to obtain more for the taxpayers dollar. Mr. Wilson, replying to a query of Councillor Vaughan, advised that the agreement with the said Bank terminated in June 1984, however it is continuing the existing agreement until a decision is made by Council in this regard. During ensuing discussion it was noted that, in accordance with information provided COuncil at its last Committee of the Whole meeting, monetary savings will result by the City remaining with the said Bank for the next two years and the Mayor concurred with Councillor Vaughan that the City should remain with the Bank of Nova Scotia for the next two years and be prepared to call for proposals well in advance of 1986. Councillor A. Vincent suggested that any decision regarding banking services for 1986 should be made by the incoming Council at that time. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Knibb, Vaughan, A. Vincent and M. Vincent voting "nay". Councillor Knibb proposed a motion, which was seconded by Councillor A. Vincent, that Council confirm for two years its contract with the Bank of Nova Scotia for banking services to the City of Saint John, after which time the incoming Council in 1986 will determine whether it wishes to call for tenders for the provision of such services. The Mayor expressed opposition to' this I . I I . ..... ~ tit . I I . I . I I . ~ motion for, although Council may not consist of the same members in 1986, the present Council owes an obligation to the citizens. Councillor Knibb suggested that the proposed motion exclude the portion concerning 1986 banking services whereupon the Mayor suggested that it should be added that staff should be prepared to proceed to tender well in advance of 1986. Deputy Mayor Davis questioned how this Council could obligate the 1986 Council to tender for such service if the latter does not wish to do so and he expressed agreement with a two-year contract with the Bank of Nova Scotia. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Council confirm its contract for the next two years with the Bank of Nova Scotia, commencing July 1, 1984, for the provision of banking services to the City of Saint John. Mr. Wilson noted that, although the Bank of Nova Scotia presented a new proposal to the City for consideration on June 14, 1984, such proposal would commence July I, 1984 if acceptable to Council. Councillor Schermerhorn expressed opposition to the above motion on the basis that the City has not seriously negotiated with the Bank of Nova Scotia in this regard and it may be possible to enter into a more feasible proposal. Discussion continued during which time Mr. Wilson expressed the opinion that the nature of the negotiations with the subject Bank was most serious and that, based on compensation packages in either Fredericton or Moncton, that offered to the City compares extremely favourable with same. The Mayor expressed the opinion that the subject proposal resulted from this Bank's belief that the City was proceeding to tender for such service and Mr. Wilson confirmed his opinion that the recent proposal offered by the Bank of Nova Scotia is the best to be obtained for the City and recommended acceptance of same. The Mayor suggested that the matter of tendering for banking services can be broached by Council well in advance of this Council's termination date in 1986. Question being taken, the motion was carried with Councillor Schermerhorn voting "nay". 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 begs leave to report that it sat on Monday, June 25, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. the 31, That as recommended by the Finance Committee, General Fund and Water and Sewerage Utility Fund of 1984. the firm of Doane Raymond be appointed auditors of the City of Saint John for the year ending December 2. Water and That a public tender be advertised with regard to 1985 Sewerage Utility Fund of the City of Saint John. auditing services for the General Fund and 3. That as recommended by the City Manager, the 553m2 (5,952.6 sq. ft.) of land needed as part of the exchange proposal with Canadian National Railway for the Hilyard Street Extension, and shown as Parcel "D2" on the submitted plan, be ac,uired from Canadian Pacific Railway for the price of $5,000.00; that the Mayor and Common Clerk be authorized to sign the submitted letter signifying the City's offer of purchase for $5,000.00, such letter having been amended to specify a Bargain and Sale Deed; and that the Mayor and Common Clerk be authorized to sign any further documents that may be necessary to finalize this transaction. 4. That as recommended by the City Manager, the closed street, known as Murder Hill, having an area of 4,700 SQ. ft., be, leased to Tabufile Atlantic Ltd., under the following terms:- (I) lease term will be from July 1, 1984 to June 30, 1987; (2) renewal option will be two years at a negotiated rent; (3) rental will be (a) July I, 1984 to June 30, 1985 - $1,200.00 per year payable quarterly in advance and (b) July 1, 1985 to June 30, 1987 - $2,000.00 per year payable Quarterly in advance; (4) no building will be permitted on the land; (5) any improvements to the property, such as terracing or excavation, will require the approval of the City, but such approval will not be required for grading or paving; (6) cancellation by either party will be on 90 days written notice; (7) the City will be responsible for any taxes that may be assessed against the property; (8) the City will indicate to the public by blocking or signs that the street is closed to public use; and (9) that Tabufile Atlantic Ltd. will do repairs to the land, including removal of the stone curbs along the northerly side, and will fill and patch holes in the paved surface prior to September 30, 1984, the cost of such work estimated by the Engineering and Works Department to be $1,500.00. 5. That the Mayor and Common Clerk be authorized to execute a mutual release with regard to a claim and counterclaim between the City and Mr. Gerald Harroun respecting a sewer malfunction at 77 Woodside Drive. 6. That with regard to the request of Mrs. R. B. Chetley to purchase a fire lane adjacent to her property at 929 Dever Road, Council adopt the recommendation of the City Manager that Mrs. Chetley be advised that the City has no interest in the land adjoining her property that could be sold to her. 7. That with regard to the request of Mr. Larry Firth, Vice President of Brunswick Square Ltd., that the payment of $625,000.00 to the Saint John Parking Commission be postponed for one year to July 9, 1985, Council adopt the recommendation of the City Manager that Council concur in the decision of the Parking Commission not to postpone the requirement for repayment of the $625,000.00 due from Brunswick Square Ltd. on July 9, 1984. 8. That the letter from the City Manager regarding the request of Mrs. Georgina Johnson for additional police protection in the Milford area in view of problems being experienced with teenagers in the area, advising that this matter has been investigated by the Police Department and additional patrols are being put in place in this area to disperse these groups and to handle any disturbances, be received and filed and Mrs. Johnson be so advised. July 3, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb ~econded by Councillor Murray ~ESOLVED that section 1 of the above report be adopted. 4\ 1.2 ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermdrhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. Read a letter from Loyalist Days Inc. requesting permission to use King Square for Loyalist Lane and to close North King Square Street to traffic from July 15 to 21, 1984 for appro- priate:'activities.~"allowii1g:provision for a fire lane, and that the bandstand in King SQuare be decorated appropriately with flags and buntings and water under same be turned off so that a cover can be put over the fountain and the area used as a stage. A motion was proposed by Councillor M. Vincent and seconded by Councillor Flewwelling that the reQuests of Loyalist Days Inc. be granted, however Mr. Barfoot noted that, as the recon- struction of Charlotte Street is expected to be in progress at the time of Loyalist Days 1984, it will probably be necessary to keep North King Square open and he reQuested that this matter be referred to staff to meet with Loyalist Days Inc. in this regard. Councillor M. Vincent agreed to propose such motion providing that, if the exact request of this group cannot be granted, every effort will be made by staff to accommodate the activities of Loyalist Days. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Manager and staff to co-ordinate. The Mayor suggested that staff meet with Loyalist Days Inc. immediately in view of the time element. (Deputy Mayor Davis withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from The Honourable George F. Stanley, Lieutenant-Governor of the Province of New Brunswick, regarding Council's resolution of June 11, 1984 with respect to the forthcoming visit of Her Majesty The Queen and The Duke of Edinburgh to New Brunswick; advising that those in charge of planning the itinerary took into consideration the fact that Saint John had been included in the visit of Their Royal Highnesses, The Prince and Princess of Wales, in 1983 and, because of the limited time which Her Majesty and The Duke of Edinburgh plan to spend in New Brunswick, it was considered only fair that people in other large communities in the Province be given the opportunity of seeing Her Majesty and The Duke of Edinburgh; also advising that plans have proceeded to the point at which it is not practial to make any serious alterations to the existing itinerary and that, although the desire of the Council and the people of Saint John to express their loyality to and affection for the Crown is appreciated and commendable, it is hoped that Saint John is ready to allow other New Brunswickers to display their loyalty to Her Majesty in person on this occasion, and further advising that he has no doubt the Premier will express views similar to his in this regard and that Council's request will be forwarded to the Planning Committee -- be received and filed. (Deputy Mayor Davis re-entered the meeting.) . I I . I . I I . ... JI""" ~~1 Jj Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Tattoo 200 requesting that bus transporta~._ tion be provided between the Hilton International Hotel and the Barrack Green Armoury for invited guests to Tattoo 200, such transportation to accommodate a number of invited guests not exceeding 100 for each of the evenings commencing July 7 to and including July 11, 1984 -- be received and filed and the necessary trans- portation be provided. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Robert J. Clark, General Manager of the Saint John Harbour Bridge Authority, advising that, in response to Council's resolution of June 18, 1984, members of the Authority will be pleased to attend a meeting with members of Common Council and that, in view of the fact that the financing agreement, under which the Harbour Bridge is operated, provides for a 30-day period from date of submission for approval or disapproval of the Authority's budget, such meeting should be held prior to the July 9, 1984 meeting of Council as allowing the 30-day period to lapse could have serious implications to the City; inviting Councillors to meet with Authority members at the Bridge Administration Office at noon on either July 6 or 9, 1984, as most members of the Authority will be available on either date, as will files and staff involved in budget preparation, and advising that, in the meantime in order to assist the Councillors in preparing for the meeting, he has been authorized to answer all queries they may have concerning the budget -- be received and filed and meeting be held with the Saint John Harbour Bridge Authority at 12:00 o'clock noon on July 9, 1984 in the 8th floor boardroom of City Hall. . Councillor A. Vincent suggested that the proposed meeting should be held at the administration office of the Authority where files are available if required. The Mayor suggested that, if Council poses questions which the Authority is unable to answer at a meeting in City Hall, the Authority can submit its written response to same following the meeting. Councillor A. Vincent noted that Mr. Nugent has expressed the opinion that the Authority does not have to meet with Council in this regard. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the medical staff of the Saint John Regional Hospital expressing support of the recommendation of the Mayor's Committee on the Dr. William F. Roberts Hospital School and expressing concern with the future not only of the said Hospital School but with the future of mental health clinics, Centracare Inc. and psychiatric services in general, be received and filed and the medical staff be thanked for its support in this matter, and further that a copy of the said letter be forwarded to the Provincial Government authorities as requested. Question being taken, the motion was carried. Read a letter from McKelvey, Macaulay, Machum, solicitors for Saint John Heritage Trust, Inc., advising that the building location survey obtained for the properties at 5, 7, 9 and 13 Prince William Street in connection with interim financing indicates certain minor encroachments of portions of the Chipman Hill properties onto Prince William Street, and requesting that Common Council approve the granting of an easement to Saint John Heritage Trust, Inc. in respect of such encroachment, such easement to be in a form acceptable to the City's Legal Department and the said solicitor and to be for such period of time as the Chipman Hill properties remain standing. . Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, that the above matter be referred to the Legal Department for the drafting of a proper resolution for Council's consideration, however this motion was withdrawn when it was noted that Mr. Nugent has prepared such resolution for consideration at this time. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the Mayor and Common Clerk be authorized to execute in consideration of the payment of $1.00 the following easements:- I (1) an easement to permit the encroachment upon Prince William Street of that portion of the building and stone wall located beyond the boundaries of Lot 84-2 as shown on the "Building Location Survey Lot 84-2 Prince William Street" prepared by Murdoch-Lingley Limited and dated June 21st, 1984; (2) an easement to permit the encroachment upon Prince William Street of that portion of the building and stone wall located beyond the boundaries of Lot 84-1 as shown on the "Building Location Survey Lot 84-1 Prince William Street" prepared by Murdoch-Lingley Limited and dated June 2lst, 1984; and (3) an easement to permit the encroachment of the stone wall upon that portion of Lot 84-1 to which the City enjoys a right-of-way all as shown on the "Building Location Survey Lot 84-1 Prince William Street" prepared by Murdoch-Lingley Limited and dated June 2lst, 1984, I the said easements to terminate upon the destruction or removal of the respective encroachments. Question being taken, the motion was carried. Councillor M. Vincent expressed the understanding that Council members are in receipt of a letter from Mr. Cyril T. Page and he questioned the disposition of same. The Mayor noted that this item is not on the agenda for consideration at this meeting and at her request the Common Clerk explained that the said letter re~uests an appearance before Council, such appearance to be scheduled at Council's next meeting. The Mayor confirmed that this matter will be placed on the agenda for consideration at the meeting of July 9, 1984. . ... 4114\ .., On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that . Council meet in Legal Session. Question being taken, the motion was carried. lfh.1 'tf~~md At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the ninth day of July, A.D. 1984, at 4:00 o'clock p.m. I present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn and A. Vincent - and - I Messrs. A. G. McDermott, City Manager; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; W. D. Todd, Executive Director of Housing; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. . Canon Walter Bockus of St. Paul's Anglican ,Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on July 3, 1984, be adopted. Question being taken, the motion was carried. Her Worship the Mayor commented on the recent visit to Saint John of His Excellency Rowen Osborn, Australian High Commissioner, and noted that the Saint John Jewish community held a Koom Ahaim Weekend, which commenced on July 6, 1984, and Deputy Mayor Davis commented on this "Come Home Weekend" which was attended by over 500 former residents of Saint John. I The Mayor encouraged the citizens of the City to attend Tattoo 200 which commenced on July 7 with the last performance to be held on July 11, and she advised that the 2nd Battalion of The Royal Canadian Regiment will exercise its Freedom of the City on July II, 1984 at 12:00 o'clock noon, at which time this Regiment will march from the site of CHSJ Radio & Television Station on Union Street to City Hall Plaza. The Mayor referred to a recent newspaper article which indicates that the Provincial Government intends to proceed with the paving of Rothesay Avenue from Russell Street to the Marco Polo Bridge, Marsh Creek, with tenders to be called by August 15, 1984. Councillor Schermerhorn suggested that the correspondence from Senior Aid and Research Inc. (copies of which were forwarded to Council members as an information item) should be added to the agenda for consideration at this meeting. . On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the above-mentioned item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne advising that, under the 1984 program for improvements to Provincially-designated highways in municipalities, the Department of Transportation is prepared to assist the City of Saint John in a paving project on Route Ill, Loch Lomond Road from Charles Street to the Saint John Airport -- be received and I filed. Question being taken, the motion was carried. Read a letter from Mayor Wayne referring to the matter of identification for parking purposes for vehicles of disabled persons, which was discussed at Council's meeting of January 23, 1984, submitting a copy of a letter from the Canadian Paraplegic Association stating that disabled drivers have now been issued an identification plaque, and suggesting that it is in order to re~uest the Police Department to ticket the non-disabled drivers occupying wheelchair-designated areas in the City of Saint John. . ... ~ ~~5 ~ A motion was proposed by Councillor Flewwelling and seconded by Councillor Schermerhorn that the above letter be received and filed whereupon Councillor Gould questioned if there is legislation in place in the City which will allow the Police Department to issue tickets of this nature.' Mr. McDermott replied that he is unaware of any legislation which will allow for such action, particularly in areas such as shopping malls where there are likely to be more designated areas for such parking than there are in the downtown section of the City. Councillor Gould suggested that this matter should be referred to the Legal Department to investigate how to best implement such a program. . On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the Legal I Department for a report and recommendation. Question being taken, the motion was carried. I Mr. Cyril T. Page of 144 Garnett Road addressed Council on behalf of the majority of residents of the Upper Garnett Road and distributed to Council copies of maps which indicate the location of the said Road. Mr. Page related background information respecting previous attempts by these residents to have the upper portion of the Garnett Road paved or chipsealed, the initial attempt being approximately ten years ago, and the City's responses to such attempts. Mr. Page referred to a recent newspaper item which indicated that several streets will be chipsealed this year and he asked the status of the chipsealing or paving of the upper half of the Garnett Road. Mr. Page expressed the opinion that neither ditching nor culverts are required on this portion of the Road and that, although the previous request was for chipsealing, it may now be necessary to pave this section of the Road. Mr. Duncan Davidson appeared before Council regarding the above matter and advised that he has resided on the Garnett Road for approximately twenty years and he confirmed Mr. Page's comments on this matter and requested that action be taken to improve the upper half of the Garnett Road. . Discussion ensued during which time Mr. Robichaud expressed the understanding that the reason this Road was not paved in the past is that it was intended to extend Lakewood Avenue from Forest Hills through the Garnett Road out to Loch Lomond Road and that recent meetings may result in a recommendation to Council to the effect that Lakewood Avenue be extended to McAllister Drive and, should this be approved by Council, there is no reason why Garnett Road cannot be included in the 1985 Capital Program. The Mayor referred to Mr. Page's suggestion that paving is being carried out by the City in Highmeadow Park, which is private property, and asked if this work is being carried out to which Mr. Robichaud replied that he will look into this matter. Mr. Robichaud expressed the opinion that, based on his investigation of the Garnett Road, this Road is in poor condition and action is required and that, although it is not included in either of the 1984 Capital or Maintenance Programs, should Council wish to exclude a project from same the Garnett. Road project could be carried out in its place. Mr. Page, replying to a query of Councillor Knibb, advised that five private dwellings exist on the upper portion of the Garnett Road and Mr. Robichaud advised that the upgrading of this Road would represent a cost of approximately $13,000.00. Discussion continued and the Mayor advised Mr. Page that Mr. Robichaud will determine if any adjustments can be made in the budget to accommodate the residents' request and that he will receive a reply from the City Manager's Office in this regard. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the presentation of Mr. Cyril T. Page on behalf of residents of the upper Garnett Road be referred to the City Manager and Assistant City Manager - Operations. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that as recommended granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt June 28 & 29, 1984 - supply of asphalt July 2-4, 1984 by the City Manager, authority be $13,367.30 $40,542.89 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the expression of opposition by the Saint John Naturalists Club to the development of commercial recreational facilities at Rockwood Park, which was considered by Council on June 18, 1984, noting that, under the 1967 agreement with the Saint John Horticultural Association, the Rockwood Park Advisory Board was set up to investigate, study and make recommendations to this Association and the City on such matters regarding the development of Rockwood Park, and recommending that the letter from the said Club be referred to the Rockwood Park Advisory Board, be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the low tender, as submitted by W.A.C. Excavators Limited, in the amount of $4,800.00, be accepted for the demolition of the building located at 198-200 Britain Street. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Mr. John L. Nugent, Solicitor, regarding 1985 Canada Summer Games leases, which was discussed at Council's last meeting, expressing the opinion that, after perusing the proposed lease between the Society and the Rothesay Tennis Club which he understands contains substantially the same operative provisions as those contained in the leases between the Society and the Renforth Rowing Club, the Royal Kennebecasis Yacht Club and the Lord Beaverbrook Rink, these documents themselves do not impose any obligation or responsibility upon the City; however, as the Four Party Agreement ~ ~i6 ~ with Canada, the Province and the Society provides that, if facilities have been built upon or improvements made to lands, buildings or facilities within the City of Saint John, the City shall accept title thereto as well as responsibility for the operation and maintenance thereof unless the owner otherwise directs, and since it is clearly the City's intention to avoid responsibility for post-game maintenance of such facilities or improvements, it is suggested that, if Council wishes to approve the leases between the Society and the Royal Kennebecasis Yacht Club and the Lord Beaverbrook Rink, such approval be conditional upon those bodies writing to the signatories of the Four Party Agreement and directing that they wish to retain title to any facilities built upon or improvements made to their property and do not expect the City of Saint John to accept any responsibility for the maintenance or operation of such facilities or improvements -- be received and filed and the owners of the Royal Kennebecasis Yacht Club and the Lord Beaverbrook Rink be requested to submit a letter as indicated herein. Question being taken, the motion was carried. Read a letter from Mr. John L. Nugent, Solicitor, regarding a policy for use of City labour and materials, which was adopted in principle by Council at its last meeting, expressing the opinion that a statement of broad principles such as set out in the Mayor's letter of June 29, 1984 to Council is a logical place to begin in establishing an effective policy to guide employer- employee alike 'in defining appropriate behaviour, and advising that his comments thereon are firstly from a strictly legal perspective and secondly from a combined legal administrative perspective. The letter refers to the phrase "conflict of interest", which appears twice in the said letter from the Mayor, and expresses the opinion that this phrase should be defined in order to provide adequate direction to those affected by the policy as there is a potential for confusion in the matter of definition since the Municipalities Act includes a substantial section entitled "Conflict of Interest" which describes and deals with that subject and provides that only senior appointed officers and members of a councilor a local board are bound by the conflict of interest provisions and establishes a procedure by which those persons shall deal with that situation. The letter poses two questions in this regard, namely:- (1) is it intended that the definition in the said Act be adopted as part of the policy and (2) is it intended that the policy operate to impose a greater restriction upon employees than is imposed by the Act and, should the latter be the intention, the further question arises whether such restrictions are valid in light of the pro~ vision in the Act as Quoted herein. The letter suggests that there should be a consideration of the relation between the provisions of the said Act and of the statements of policy contained in the said letter from the Mayor and that the Legal Department should pursue the matter of the City's jurisdiction in that regard. The letter states that, from a legal-administrative perspec~ tive, a policy should be clear in letter and in spirit, comprehensive, non-discriminatory, predictable in its effect and enforceable and advises that two points arose during a brief discussion of this matter with the City Manager with respect to item number 3 which is to prohibit employees using the City's Works Garage for any purpose other than City business, and expresses the opinion that, having received from Common Council the broad principles of the policy with respect to the use of City material and labour, it is now in order for staff to develop such principles into more detailed statements for Council's further consideration. Councillor Schermerhorn expressed the opinion that the above letter is involved with a more complicated discussion in defining conflict of interest and he proposed that the Council resolution of July 3, 1984 which approved the subject policy in principle be restated with certain modifications. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that Common Council resolution of July 3, 1984 which approved in principle a policy for use of City labour and materials be modified and adopted as follows:- (1) that no City employee has a right to use City material, machinery and/or labour for their own benefit; (2) that no equipment, which is owned by a City employee, shall be rented by the City for City use either through a contractor, or individual, or a company of which the employee is a principal; and (3) that, from this date forth, employees are not to use the City facilities for any purpose other than for City business. Question being taken, the motion was carried. Consideration was given to the matter of proposed amendments to the Municipal Plan and Zoning By-Laws, first and second readings of which were given at Council's last meeting, with respect to a parcel of land located at 4105 Loch Lomond Road as requested by Airport General Store Ltd. Councillor Knibb noted that Council's consideration of the above-proposed amendments is in contravention of the recommendation of the Planning Advisory Committee therefore requiring approval by a majority of the Council and suggested that, in view of the absence of certain Council members at this meeting, this matter should be tabled for one week. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. The Mayor referred to Councillor Knibb's reference to a re-zoning under Section 39 of the Community Planning Act of the above-noted property and noted that first and second readings of same were straight re-zonings and not tied to Section 39. Councillor Knibb replied that, based on his discussion with the Legal Department, Council could approve third reading of the proposed amendment pursuant to a resolution of Council subject to Section 39 of the said Act. Councillor Murray advised his intent to place an item concerning the above-proposed amendments on the agenda for discussion at Council's next Committee of the Whole meeting. . I I . I . I I . ~ ,... 4111.'2 (Councillor A. Vincent entered the meeting during the foregoing discussion.) . 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 I Your Committee begs leave to report that it sat on Tuesday, July 3, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the letter from Mayor Wayne advising that she has forwarded a letter to Senator D. A. Riley, on behalf of the City of Saint John, expressing appreciation for his efforts which have culminated in the recommendation of the Senate Transport Committee's report for the restoration of the VIA Atlantic train -- be received and reported at the next regular meeting of Council. 2. That the following recommendations, as contained in the submitted report of the Grants Review Committee, which was appointed by Council to review the City's present grant structure, be adopted, namely:- I (I) that no change be made in the present procedure adopted by Common Council on November 23, 1981 regarding grants and transfers to human services agencies; (2) that no change be made in the present procedure regarding grants and transfers to recreation and cultural service agencies; (3) that with regard to financial assistance for conventions and civic receptions, the annual limit of $15,000.00 adopted by Council on October 4, 1982 for this type of grant appears to be reasonable and, subject to the observations contained in the report, no change is recommended in the procedure at present; . (4) that grant requests for conventions and civic receptions be filed with the City by September 30 of the preceding year and that a grants advisory board be set up to review the requests and make recommendations to Common Council for inclusion in the annual budget; (5) that the policy outlined in the submitted Exhibit 4 be adopted regarding grants with respect to Recreation and Parks Department activities; and (6) that pins and crests be made available at cost to Saint John athletic teams or other groups which are hosting visitors or are travelling away in competitions or social visits. 3. That as recommended by the City Manager, the following changes be made in the policy for land acquisition and disposal which was adopted by Council on June 27, 1983:- I (I) clause 2 be amended by adding - "Copies of the list will be sent to other levels of government and government agencies for their consideration."; (2) clause 3 be deleted and replaced with a new clause stating - "Applications for the sale of any parcel of vacant land included in the list of surplus property will be received until a specified date by the Property Management Branch for review, analysis, appraisal and negotiation."; (3) clause 4 be deleted and replaced by the following: "Buildings requiring renovation and renewal that are included in the list will be advertised on an individual basis with proposals for purchase and renovation and renewal to be received by the Common Clerk by a specified date. Any proposals received will be evaluated by staff and recommendations made by the City Manager to Council for approval."; . (4) a new clause 6 to be added stating - "Surplus buildings not included in Clause 4 will be advertised on an individual basis by listing them for a period not to exceed 90 days with a real estate company that will use the multiple listing service. The listing price will be based on an appraisal completed by staff and will be approved by Common Council. The real estate company will be chosen from a list of qualified companies who have applied to be placed on such list with the companies being chosen on a rotating basis."; (5) clause 6 would become clause 7 and be amended slightly by changing the word "proposals" to "applications or proposals", and (6) clause 7 would become clause 8. I 4. That with regard to the offer of Mr. Brian Lackie to sell property in the area of the Loch Lomond Watershed, Council adopt the recommendation of the City Manager that, considering that the location of the property is approximately one-half mile from the Second Loch Lomond Lake and that only a small portion of same is of any priority, Mr. Lackie be advised that the City is not interested in acquiring the property at the present time. I 5. That the letter from the City Manager regarding the request of the Saint John Preservation Review Board that a special street sign be impl emented for the Trinity Royal area, which was considered at Council's regular meetings of April 16 and 24, 19B4, advising that staff has been working with the Board in an attempt to design a street sign and the Board has now approved a design and further advising that the Board has also asked that the approved signs be available for sale to the public which, although not the normal City practice, could be considered in this case -- be received and filed and the subject sign be approved and be available for sale to the public. 6. Standards 9, 1984. That pursuant to Section 5 of the Minimum Property Standards By-Law, Mr. Ronald Gordon be appointed Inspector for the Minimum Standards Survey, with the term of such appointment to be until October July 9, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. ... ~ia " press conference which was held earlier this date at the site of received, in the form of approximately 20,000 letters, for the The Mayor commented on the the Via Rail station and the support return of the Via Atlantic service. (Councillor Schermerhorn withdrew from the meeting.) . Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. . The Mayor re-iterated her opinion, as expressed during discussion of the above matter in Committee of the Whole, that, although she approves of the type of sign proposed, such signs should be constructed of wood and that the sign proposed is not in good taste for the Trinity Royal area. Question being taken, the motion was carried with the Mayor and Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. I Mr. McDermott, replying to a Query of the Mayor, explained that the Building Inspector as the Minimum Standards Officer for the City can appoint an inspector to carry out the day-to-day work. Mr. Johnson, in reply to a Question of Councillor A. Vincent, explained that the Minimum Property Standards By-Law allows for the appointment by Council of a minimum standards officer and is silent as to whether Councilor the minimum standards officer appoints the property standards inspectors and, in his opinion to avoid misunderstanding, it would be better for Council to make the above appointment. Deputy Mayor Davis expressed the opinion that Council should not be involved in appointing staff other than those who head up the various departments. (The Mayor withdrew from the meeting whereupon the Deputy Mayor assumed the chair). Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (The Mayor re-entered the meeting and reassumed the chair.) . Read a letter from the Taxi Committee advising that this Committee met with the Acting Chief of Police on July 5, 1984 regarding the request of Mr. Patrick Roy to open a taxi company on Ludlow Street, which was considered at Council's meeting of June 25, 1984, and that, because of the evidence that there are too many taxis in the City competing aggressively for fares, it was decided that at this time the request of Mr. Roy should be denied, and also advising that taxi owners are to meet in the near future with this Council Committee and that it may well develop that a restriction will be placed on the number of taxi licences to be issued. Councillor Schermerhorn proposed a motion that the above letter be received and filed, I however Councillor Knibb noted that the Taxi Committee's recommendation, in conjunction with the Acting Chief of Police, is that Mr. Roy be informed that, at this time, it is not recommended that he be issued a license to operate a taxi business. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Taxi Committee be received and Mr. Patrick Roy be informed that Council is unable to accede to his request to operate a taxi I. company at this time. Councillor Murray suggested that the Taxi Committee should place Mr. Roy's name at the top of the list for future consideration of a taxi license. Councillor A. Vincent expressed support of Mr. Roy's request as Mr. Roy is in a position insofar as finances and equipment are concerned to operate a taxi business. Councillor Gould asked if the Taxi By-Law gives Council the right to refuse Mr. Roy's request to establish his taxi business. Acting Chief Breen confirmed that the said By-Law does not exactly give Council the right to refuse, however the Chief of Police has discretion in such matters and further that, in his opinion, certain matters of this nature should not be made public and that is his reason for having turned this matter over to the Taxi Committee with which he met and plans to meet again with the taxi owners in attendance. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor A. Vincent asked if the Mayor, under her authority, would form a Mayor's Committee to investigate the whole structure of the taxi business in the City. ..... ~ ~i~ . I I . I . I I . ~ Consideration was given to a letter from Loyalist Days Inc. regarding the matter of a liaison Councillor to this group. Councillor Gould suggested that the letter from Councillor M. Vincent (copies of which were distributed to Council members earlier this date), who is the Liaison Councillor to Loyalist Days Inc., regarding the above matter, should also be considered at this time and the matter of an appointment of a new Council liaison to this group should be referred to the Nominating Committee. The Mayor explained that, although the letter from Loyalist Days Inc. was addressed to Committee of the Whole of Council, such letter was inadvertently placed on the open session agenda and she asked if, in view of the commencement of Loyalist Days 1984 being July 15, 1984, any member of Council will offer to serve as liaison Councillor to Loyalist Days Inc. to which Councillor Flewwelling expressed his willingness to do so. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the letter from Loyalist Days Inc. regarding the matter of a liaison Councillor to this group be received and filed: AND FURTHER that Councillor Flewwelling be appointed as a liaison member to the Board of Directors of Loyalist Days Inc. Question being taken, the motion was carried. Read a letter from the Correspondence Director of the Office of the Prime Minister of Canada, thanking Council, on behalf of The Right Honourable Pierre Elliott Trudeau, for its resolution of June II, 1984 regarding the forthcoming visit to New Brunswick of Her Majesty The Queen and The Duke of Edinburgh, suggesting that, as Mr. Trudeau cannot respond to same before he leaves office, Council may wish to write to the new Prime Minister. Councillor Schermerhorn asked if the above-noted resolution should be referred to the new Prime Minister of Canada and the Mayor suggested that Council should first determine when The Royal Visit will be rescheduled in view of the forthcoming Federal election. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Correspondence Director of the Office of the Prime Minister of Canada regarding the Common Council resolution respecting the forthcoming Royal Visit be received and filed. The Mayor suggested that an approach should be made to the above office in an attempt to have Saint John included on the itinerary of The Royal Visit. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Harold E. Wright, Co-Ordinator of the Partridge Island Research Project, noting that August 5 will be the 138th anniversary of the death of Major John Ward, who is known by his contemporaries as the "Father of Saint John", and suggesting that, as the late Major Ward is virtually unknown by Saint Johners today, it would be appropriate for the Historic Sites and Events Committee to arrange a suitable commemoration ceremony -- be referred to the Historic Sites and Events Committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter and petition from area residents express- ing concern about the intersection of Wentworth and Broad Streets, which is considered to be a danger to young children who cross there going to Saint John the Baptist and King Edward Schools, and requesting that a crossing guard be placed at this intersection during the normal school crossing hours -- be received and referred to the Acting Chief of Police. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from R. H. Griffin requesting that, in view of the sound, which was considered to be music, at Market Square on July 1, 1984 between 1:00 o'clock and 2:00 o'clock p.m., the Noise By-Law be amended to specify that any such noise at any time be limited to the number of decibels considered healthy for persons' ears -- be received and filed. Deputy Mayor Davis suggested that the above letter could be referred to the management of Market SQuare and, upon Councillor Gould's agreement that there should be a controlled level of decibels for groups playing in public places, the Mayor requested that the City Manager review the Noise By-Law to determine if such a provision is included therein. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Ivan Court, Vice-President of Super Slide Ltd., requesting permission to operate an ice cream parlour at its existing waterslide facility at Rockwood Park, with the products being proposed for sale not being sold at the Park which means that there is no conflict of interest with the present canteen concession operated thereat -- be referred to the City Manager and appropriate staff for a report and recommendation. Question being taken, the motion was carried. 420 ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the notices, from the Liquor Licensing Board ... advising that the hearings of Geraldine L. Chittick for a dining room license, and Mediterranean Ltd. for a cabaret license, respecting premises at Main Street West Plaza and 419 Rothesay Avenue, respectively, will be held on July 13, 1984, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Broner Enterprises Ltd. for re- I zoning of lot 75-1 on Sand Cove 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 Tuesday, August 7, 1984. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb I RESOLVED that the letter from Mr. Harry D. Loughery offering to sell to the City property at 233 Crown Street, which is at the intersection of Crown and Union Streets, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the correspondence from Senior Aid and Research Inc. regarding a recently-completed survey of the needs of senior citizens in the Saint John area, be ... received and filed. Question being taken, the motion was carried. Councillor A. Vincent re-iterated his previous request for a report from the City Manager regarding property abutting Exhibition Park at Golden Grove Road and noted that such property is still being used by roadside vendors and as a place for steaming vehicles, and he suggested that, if this property were paved, it could be better utilized for the latter operation. Councillor Schermerhorn noted that a report has yet to be received respecting property on Loch Lomond Road on which a steam operation is being carried out, this matter having been referred to by Councillor M. Vincent at a recent meeting of Council. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~fW~~rd Common C rk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the sixteenth day of July, A.D. 1984, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; B. Cullinan, Solicitor; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; J. Johnson, Building Inspector; W. D. Todd, Executive Director of Housing; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. I The Reverend Thomas Graham of Hope Lutheran Church offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on July 9, 1984, be adopted. Question being taken, the motion was carried. . ~ II""'" 4l:~~ (Councillors Gould and Poley entered the meeting.) . Her Worship the Mayor commented on her attendance at the presentation of new Colours by The Duke of Edinburgh, who is Honourary Colonel of the Royal Canadian Regiment, to the 2nd Battalion of the Royal Canadian Regiment which was held at Canadian Forces Base Gagetown earlier this date. Her Worship the Mayor commented on the opening celebrations of Loyalist Days on July 15, 1984 and noted the presence in the Council Chamber of Mr. Gary Faloon, Chairman of Loyalist Days Inc. I Mr. Gary Faloon appeared before Council and presented to the Mayor and members of Council an original Fred Ross painting of a Loyalist Delancey soldier which he requested be displayed in the "Red Room" on the 8th floor of the City Hall building. Mr. Faloon added that Loyalist Days Inc. appreciates the support of Council and that this painting is a token of appreciation. The Mayor thanked Mr. Faloon and members of Loyalist Days Inc. and extended best wishes for success of the 1984 Loyalist Days celebrations. Her Worship the Mayor commented on activities during the week of July 9, 1984, including a visit to her office by members of the Calgary Boys Choir and their presentation of a recording album of Christmas music; the closing performance of Tattoo 200 on July 11 at which time she was presented with a plaque by the Maritime Forces Pacific 1984 Field Gun Team; the presentation of a book entitled, "The Loyalists", by the author, Christopher Moore; and a visit to her office by a number of senior citizens who presented to her a wallhanging depicting the Provincial Bicentennial logo. I Her Worship the Mayor expressed appreciation to Constables Malcolm Campbell and Peppino Sylvester of the Saint John Police Department who, attired in traditional "bobby"-style uniforms, accompanied her to the Tattoo 200 performances, and she noted that the 2nd Battalion of the Royal Canadian Regiment exercised its Freedom of the City on July 11, 1984. The Mayor encouraged citizens to participate in the various activities scheduled this week for Loyalist Days. . Councillor Schermerhorn suggested that the 1983 Annual Report of the Saint John Fire Department (copies of which were forwarded to Council members as an information item), should be added to the agenda for Council's consideration at this meeting. Councillor Gould referred to an item concerning a petition to Council with respect to the crosswalk at the corner of Broad and Wentworth Streets (copies of which were forwarded to Council members as an information item) and suggested that this item should also be added to the agenda so that the response to the said petition can be conveyed to those concerned. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that as for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt - supply of asphalt Steele Trucking Ltd. - supply of gravel recommended by the City Manager, authority be granted July 5,6,10,11,1984 July 9, 1984 June 18-29, 1984 $45,893.34 2,391.30 $ 5,775.25 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Mount Stephen Club in the amount of $6,517.19, representing the cost of Saint John Port Day in Montreal, P.Q., 50 per cent of such cost to be recovered from the Port of Saint John. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for the acceptance of a performance bond in the amount of $12,000.00 for the guarantee of rehabilitation of the gravel pit on Latimer Lake Road, which is owned by Fundy Bay Holdings. I Question being taken, the motion was carried. Read a letter from the City Manager noting that, to date, the Saint John Harbour Bridge Authority has not met with Council as previously requested, therefore the budget of the Authority has not been approved by Common Council, and requesting Council's permission to meet with the necessary officials and staff of the Federal and Provincial Governments concerned to resolve this matter. I Consideration was also given to a letter from Mr. Ralph Stephen, Chairman of the Saint John Harbour Bridge Authority, regarding Common Council resolution of July 3, 1984 concerning a meeting with the Authority, noting that the proposed date for same conflicted with a regularly-scheduled meeting of the Authority held at noon on July 9, 1984 for which, in anticipation of Councillors being in attendance, a fact sheet was prepared showing comparisons with last year's budgeted and actual expenditures as well as explanatory notes on the budget figures, several copies of which are submitted, and advising that the Authority expects to be advised in the near future as to whether Council has approved or disapproved of the budget submitted at Council's meeting of June 18, 1984. Councillor Schermerhorn expressed the opinion that the above-mentioned information which was submitted by the Authority is helpful in explaining in considerable detail various expenditures of the Authority. . A motion was proposed by Councillor Schermerhorn and seconded by Councillor Flewwelling that the Budget of Estimated Expenditures for the fiscal year ending March 31, 1985 of the Saint John Harbour Bridge Authoritybe approved. The Mayor suggested that the City Manager should be requested to arrange a meeting with the Federal and Provincial authorities concerning the Harbour Bridge whereupon Councillor Schermerhorn expressed agreement with including this in the proposed motion. Councillor M. Vincent asked the purpose of .... -, 4J ~fe .., the proposed meeting between the City Manager and Federal and Provincial Governements to which the Mayor replied that the Authority has not complied with the Federal Government's request to reduce the said budget by $31,000.00 and also there has been discussion regarding the Harbour Bridge and the tolls charged to users of same and that, in view of the Authority's refusal to meet with Council in the 8th floor boardroom of City Hall, the whole operation of the Harbour Bridge should be reviewed. Councillor M. Vincent expressed the opinion that, if such meeting is to discuss'matters other than the budget which could involve personalities rather than the facts of the issue, a meeting between Council and the Authority should be held in order to attempt to resolve the matter rather than involve the other levels of government at this time. The Mayor expressed the opinion that Council does not have the time to meet with the various commissions at locations as such commissions deem necessary and that the Harbour Bridge Authority is the only group which refuses to meet with Council in City Hall despite attempts by Council to arrange such meetings. Councillor M. Vincent asked if the City Manager is proposing to meet with the other levels of government to discuss the Harbour Bridge Authority because a meeting place could not be agreed upon to which Mr. McDermott replied that he wishes to have such a meeting as there is no revenue shown on the proposed budget and there are differences in the amount of the suggested reduction in the budget and that, if discussions are not to be held with the Authority, he wishes to discuss the matter with the other levels of government. Deputy Mayor Davis suggested that it is now in order to discuss with the other levels of government the possibility of toll removal, the agreement between the parties concerned and matters relating to maintenance of the Harbour Bridge. Councillor Knibb suggested that the proposed motion should be divided into two motions as, although he is in favour of approving the proposed budget, he is not at this time in favour of the proposed meeting. Councillor A. Vincent expressed the understanding that the subject budget has already been approved by the other two levels of government and he asked to be provided with a copy of the four- party agreement regarding the Harbour Bridge, and he commented on information he obtained at his attendance at a meeting of the Harbour Bridge Authority on July 9, 1984 to which Council was invited. Councillor Schermerhorn proposed a motion, which was seconded by Councillor A. Vincent, that Council approve the subject budget whereupon the Mayor expressed the opinion that, if Council is proposing to adopt this budget, a meeting should be held with the other levels of government, however such meeting does not necessarily have to be with respect to this budget per se. Councillor Schermerhorn concurred that such meeting could be held at the appropriate time and the Mayor asked that the motion be clarified. Councillor Schermerhorn withdrew the initial motion and proposed that Council approve the subject budget and the Mayor asked that Council first deal with the City Manager's recommendation and asked the City Manager if he is proposing to meet with the other levels of government concerning the budget or the Harbour Bridge to which the City Manager expressed the opinion that the two matters cannot be separated as one affects the other over a period of time. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1985 of the Saint John Harbour Bridge Auhority, in compliance with the Agreement between Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Poley RESOLVED that authority be granted for the City Manager to meet with the Federal and Provincial Governments as requested in the above-mentioned letter from the City Manager. Councillor Flewwelling suggested that the same type of system which is used by trucking companies which eliminates the need of issuing tokens should be adopted for City vehicles utilizing the Harbour Bridge. Councillor Murray concurred with Councillor Knibb's suggestion that.the.-above meeting should be held after the forthcoming Federal election and also that Council should be provided with a list of the matters to be discussed at such meeting. Councillor M. Vincent suggested that such meeting should involve representatives of the Saint John Harbour Bridge Authority. Question being taken, the motion was carried with Councillors Knibb, Murray, A. Vincent and M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the gravel road dust control program as outlined be approved and that the prices Quoted by Allied Chemical as indicated in the submitted copy of this company's letter be accepted for liquid calcium chloride for the 1984 program. Mr. Armstrong, replying to a query of Councillor Schermerhorn, confirmed that a portion of Ragged Point Road is a private road, however it is his understanding that it is the usual practice to include such portion in the dust control program. Question being taken, the motion was carried. Read a letter from the City Manager regarding the offer of Robert and Carol Duval to sell property on Red Head Road for development of a beach, which was considered at Council's meeting of June 25, 1984. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that with regard to the offer of Robert and Carol Duval to sell property on Red Head Road, Council adopt the recommendation of the City Manager that Mr. and Mrs. Duval be advised that the City is not interested in acquiring this property at the present time. Question being taken, the motion was carried. . I I . I . I I Consideration was given to a letter from the City Manager regarding the request of Mr. . Daniel Large to purchase property on Woodhaven Drive, which was considered by Council at its meeting of June 11, 1984, advising that the subject property was vested in the City as land for public purposes and future access when the subdivision plan was filed in 1975 with the' intention of eventually using a ..... ~ H~'~ . I I . I . I I . .... portion of same for access to the City-owned land to the west and the remainder returned-to the developer at the terms as established by Common Council; however, although a recommendation to this effect from the Planning Advisory Committee was accepted by Council, the transfer never took place, presumably because a satisfactory price was never negotiated and that the development company has since forfeited its charter and would appear to have no claim on the land. The letter also advises that the Planning Branch has recommended that an access be retained to the adjoining City-owned land until a commitment is made for implementation of a definite development plan for the land and submits a recommendation for Council's consideration. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that with regard to the request of Mr. Daniel Large to purchase property on Woodhaven Drive, Council adopt the recommendation of the City Manager that the land on Woodhaven Drive, identified as L.R.I.S. Number 373084, be subdivided to create one building lot of 60 x 100 feet with the remainder to be designated as a future access; that an appraisal be completed to estimate the value of the newly-created lot; that, due to the fact the land is not on the list of lots presently for sale, it be advertised for sale by tender which will specify a minimum acceptable bid based on the appraised value, and that Mr. Large be advised that the lot will be advertised for sale by tender. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager concerning a request of Council at its meeting of July 9, 1984 for a report on the use of City property abutting Exhibition Park by roadside vendors for the purpose of steaming vehicles, advising that it has been determined that there is no City-owned property in the vicinity being used for this purpose and that steam trucks and roadside vendors in this area are located on property belonging to the Exhibition Association or on other private property, be received and filed. Councillor M. Vincent asked if current legislation prevents Council from taking action regarding vendors or steam units being operated on private property to which the City Manager replied that, to the best of his knowledge, that is the way the situation is at the present time. Councillor A. Vincent questioned the ownership of the subject property and suggested that the matter should be tabled in order that he can engage a lawyer to search the title as it is his understanding that the City owns the property in ~uestion. During ensuing discussion, it was confirmed that the City owns a parcel of land on the opposite side of the street from the property in question and Councillor A. Vincent suggested that, regardless of who owns the above property, it is unsightly and action should be taken to resolve this matter. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Poley withdrew from the meeting.) On motion of Councillor Schermerhorn Suggested by Councillor Gould RESOLVED that the letter from the City Manager regarding the request of Super Slide Ltd. to operate an ice cream parlour at Rockwood Park, which was considered ax Council's last meeting, submitting a copy of a letter from Mr. John L. Nugent, Solicitor, which expresses the opinion that, as the agreement with Mr. D. A. Haggerty does not define canteen concession so the usual nature of similar operations can properly be considered and on the understanding that Mr. Haggerty presently sells certain ice-cream products at his canteen at Fisher Lakes, the City would be in breach of the said agreement with Mr. Haggerty if it were to grant Super Slide Ltd.'s request, and recommending that the request of Super Slide Ltd. to sell ice-cream products at Fisher Lakes during the balance of 1984 be denied -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) Read a joint letter from the City Manager, Commissioner of Community Planning and Development, and Building Inspector regarding the proposed new Building By-Law, third reading of which is to be considered at Council's meeting of July 23, 1984, advising that, if third reading is given on that date, permits will be tssued under the existing Building By-Law until such time as the Minister of Municipal Affairs approves the proposed By-Law with any relaxations that will take effect in the new By-Law to be permitted in this intervening period; noting that the major conceptual change in the proposed By-Law is that most non life-threatening maintenance work will not re~uire a building permit and that the fees for other building permits have been adjusted with a view to receiving approximately the same revenue; and also noting that there are several administrative changes to clarify the duties and responsibilities of the owner, contractor and Building Inspector, that the proposed By-Law includes rehabilitation standards which are alternate to the normal standards in the National Building Code of Canada and should encourage the rehabilitation of older combustible buildings, and that a penalty provision has been included to allow the Building Inspector to accept a minimum $50.00 voluntary fine in lieu of prosecution. A motion was propossed by Councillor Schermerhorn and seconded by Councillor Knibb that the above letter be received and filed. Councillor Vaughan requested clarification of the meaning of the reference to non life-threatening maintenance work to which Mr. Johnson replied that those'elements in a building which could be maintained by the property owner without obtaining a building permit have been described in the proposed By-Law, such as painting, roofing, replacing of non-combustible sidings and other such activities, however, if proposed work includes any load-bearing, load-carrying element of the structure, a permit is required, although at a reduced fee. Councillor Knibb suggested that Council should endorse the proposed changes particularly in view of the intent, providing third reading of the proposed By-Law is given, to permit any relaxations which will take effect in the new By-Law in the interim period following the third reading and Provincial approval. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the joint letter from the City Manager, Commissioner of Community Planning and Development, and Building Inspector, regarding the proposed new Building By-Law, be received and filed and Council endorse the changes recommended therein. Mr. Johnson, replying to a query of Councillor Gould, advised that it is anticipated that the complete policy will be in place within a month following approval of the proposed new By-Law and that the emphasis of such a By-Law concerns both public and building safety. Councillor Flewwelling asked if property owners will be able to fence or hedge their properties without a building permit to which Mr. Johnson replied in the negative and added that approval of the Development Officer will be re~uired in accordance with the ,., 41~~ Zoning By-Law. Councillor A. Vincent alluded to out-of-Province companies which have been performing chimney repairs in the area and suggested that, to protect citizens from less-than-efficient work being performed by same, building permits should be required for repairs to chimneys or fireplaces costing over $500.00. Mr. Johnson, replying to a query of the Mayor, advised the intent to publicly . advertise in the local newspaper and to publish a brochure to inform the members of the general public of what they can and cannot do insofar as the Building By-Law is concerned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A of the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 4105 Loch Lomond Road (L.R.I.S. Number 455006), containing approximately one acre with 280 feet frontage on Loch Lomond Road and ,identified as the site of the Airport General Store, from Rural to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I Councillor Knibb advised his intent, following Council's adoption of the above motion, to propose the subject amendment to the Zoning By-Law pursuant to a resolution of Council subject to Section 39 of the Community Planning Act, which was recommended by the Planning Branch and which would restrict the use of the small shop to the rear of the subject property to the specific use of repair and maintenace of small machines. I The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Councillor Flewwelling advised his intent to oppose the above motion on the basis that the area concerned is of a residential nature and a majority of such residents expressed objection to the proposed amendents and he offered his assistance to the subject company to find an alternate location. Councillor M. Vincent expressed opposition to the above motion on the basis that residents concerned purchased property and constructed homes in the belief that this area is a residential . zone. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Murray, Poley, Schermerhorn and M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the correspondence regarding the above matter be received and filed. Councillor A. Vincent asked if the owner of the above property can now apply for the same type of business operation as that noted above and have same approved without Council's authorization I and he suggested that, if this is the case, staff should meet with the person concerned whereupon the Mayor asked Messrs. Zides and Winch to meet with the owner of the subject property in this regard. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting~) Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of John Beal & Co. Ltd. have been completed and that the waiting period for objections expired on July II, 1984 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of John Beal & Co. Ltd. for a Municipal Plan amendment and re-zoning of property at 46 Station Street 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 August 20, 1984. . Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the ,request of McGrath's Step'N Style for an amendment of the conditions of re-zoning of property at 671 Charles Street to permit an expansion of the building located thereon to establish a dance school as part of this business operation, which was considered by Council at its meeting of June 18, 1984. I On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the conditions of approval pertaining to the re-zoning of 671 Charles Street be amended to permit a dance school and a 20' x 30' addition to the building, providing the parking is restricted to the east side of the site and established in accordance with the submitted copy of the Planning "Staff Proposal" including parking and curbing. I Councillor Poley noted that Planning staff recommended that the existing conditions of re- zoning not be changed and he suggested that, in future, re-zonings approved under Section 39 of the Community Planning Act should be subject to agreement to the effect that for the term of same an alternate re-zoning not be requested. At the request of the Mayor, Mr. Winch briefly explained that, at the recent sitting of the New Brunswick Legislature, an amendment to the Community Planning Act was enacted which, when proclaim d, will require full advertising of changes to Section 39 resolutions and/or agreements in the same manner as re-zonings are advertised. Mr. Winch noted that requests of the above nature can currently be approved by Council without referral to either the City Manager or the Planning Advisory Committee, however, when the new section is proclaimed, it will require Council to advertise as explained. A brief discussion ensued regarding the enactment by the Province of such legislation with little or no input from the municipalities. . ~ ,.... 1.}~5 (Councillor A. Vincent re-entered the meeting.) . Question being taken, the motion was carried with the Mayor and Councillors Davis and Poley voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the June 1984 report of The Saint John 1985 Canada Summer Games Society, Inc., be received and filed. Question being taken, the motion was carried. I On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that as requested by Mr. Thomas E. Ferris, permission be granted to temporarily locate a mobile home on property on Churchland Road. Question being taken, the motion was carried. I Consideration was given to a reQuest for grant assistance from Youth With A Mission, which is an international, interdenominational missionary organization with its .main focus being on training young people in character and relationship skills and subsequently providing them with meaningful opportunities to express same from a Christian viewpoint. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from Youth With A Mission requesting grant assistance for a team of twenty-one persons, ranging in ages from seven to twenty years, to participate in a musical dramatic dance presentation in Los Angeles, U.S.A., in July 1984, be referred to the grants committee. Question being taken, the motion was carried. Read a letter from Mr. Alexander P. Gregory conveying his appreciation of the honour conferred on him during the Bicentennial weekend celebrations when he was made a Squire of the City of Saint John, advising that, although he has not been apprised of the duties, rights and privileges which can, or of right, belong to a Squire, Council can be assured of his unceasing efforts to help Saint John celebrate, honour and preserve its multi-cultural heritage as it strives into a great future. Her Worship the Mayor advised that it is the intent that Mr. Gregory will be an ambassador for the City particularly during the Loyalist Days celebrations. On motion of Councillor Knibb I )( Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Alexander P. Gregory conveying his appreciation of the honour conferred on him during the Bicentennial weekend celebrations when he was made a Squire of the City of Saint John, be received and filed and Mr. Gr~y be informed that the honourary title of SQuire was bestowed upon him in official recognition of his continuing role as an ambassador for the City of Saint John particularly during Loyalist Days. Question being taken, the motion was carried. . Consideration was given to a letter from Saint John Heritage Trust Inc. referring to the submitted copy of a letter from Mr. N. Barfoot which notes that this group is continuing to occupy City-owned land known as lot 84-3 and that the City is unable to use such land for parking purposes as was originally envisioned when the property on Chipman Hill was purchased by this group nor has Saint John Heritage Trust Inc. completed the grading of the land as was provided for in the license agreement, and requesting a ninety-day extension on the use of the proposed parking space at the Chipman Hill properties. The letter notes that the Trust has been subject to considerable delays in the restoration of the Chipman Hill properties and that requisite financing has now been arranged and, with the imminent release of the balance of the NEED funding, it is expected that work will recommence very shortly and advising that it is the intention of the Saint John Heritage Trust Inc. to present the billing to the City for the $8,175.00 due for the demolition of the ells of the subject buildings as the land becomes available to the City. On motion of Councillor A. Vincent I Seconded by Councillor Schermerhorn RESOLVED that as requested by Saint John Heritage Trust Inc., an extension of 90 days be granted on the use of the proposed parking space at the Chipman Hill properties. Question being taken, the motion was carried with Councillor Gould voting "nay". I Councillor A. Vincent asked if arrangements could be made to meet with Saint John Heritage Trust Inc. in an attempt to assist this group in obtaining additional financing so that it can proceed with the restoration of the Chipman Hill properties. The Mayor requested the City Manager to arrange such a meeting for her and Deputy Mayor Davis for the week of July 16, 1984 and she added that Councillor A. Vincent would be welcome to attend such meeting. Read a letter from Mr. Patrick Roy regarding his request to operate a taxi business on Ludlow Street, which was considered at Council's last meeting. . A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that the above letter be received and filed. Councillor A. Vincent expressed the opinion that taxi companies of the calibre which would be operated by Mr. Rcy are reQuired in the City in view of activities such as the 1985 Canada Summer Games which will be-held in Saint John and also as competition is healthy for private enterprise. The Mayor noted that a further report will be forthcoming from the Taxi Committee on the matter of the taxi industry in the City and she suggested that, in view of the comment in Mr. Roy's letter that he applied for his license at the same time as the Casino company and was told by Mr. Messer of the Police Department to find a location, this letter should be referred to the Acting Chief of Police and the Taxi Committee. ..... ~~(5 ., On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Patrick Roy regarding . his request to operate a taxi business on LudlowSt~eet, which was considered at Council's last meeting, advising that he did not apply for his license to cause trouble with other taxi stands but that he applied for it to earn a living -- be referred to the Acting Chief of Police and the Taxi Committee. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Mrs. Kathleen Carr referring to a matter which was considered by Council in 1978 at which time, although an ideal solution was prescribed by Council, it was never implemented and submitting copies of correspondence relevant to same; noting that the problem surrounds the use of too many septic tanks in the area of Acamac Beach Road with the result that the ground is filled with a foul-smelling substance which has undermined this Road near the highway to such an extent that it is impossible to keep same in a state of decent repair, and suggesting that Council celebrate the City's Bicentennial by doing something that is needed for the residents of the subject area -- be referred to the City Manager and appropriate staff. I Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the 1983 Annual Report of the Saint John Fire Department be received and filed. Councillor Schermerhorn commended the members of the Fire Department for the excellence of the above report. . Question being taken, the motion was carried. Consideration was given to a joint letter from the City Manager and Acting Chief of Police concerning a petition from area residents concerning the intersection of Wentworth and Broad Streets, advising that, as the school season is over, there is no way of monitoring this crosswalk to determine the number of children involved, and also advising that a letter is being forwarded to the Corps of Commissionaires, which is the group responsible for hiring crosswalk guards, reQuesting that they seek someone to place in this area when school begins in September to monitor the number of children who use this crosswalk. Mr. McDermott advised that the above letter was forwarded to Council as an information item as no report was requested by Council on this matter whereupon Councillor Gould expressed the oplnlon that the residents concerned should be made aware of the action taken by the Acting Chief of Police. I On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above letter be received and filed and a copy be forwarded to the petitioners concerned. Councillor Poley asked if Council will be advised after the situation at the subject crosswalk has been monitored to which Acting Chief Breen replied that a recommendation will be submitted to Council in this regard after it has been determined whether or not a crosswalk guard should be engaged. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. YkI~ 0J4rNi Common Clerk I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-third day of July, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, Assistant City Manager - Administration; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing and Renewal Services; C. B~een, Acting Chief of Police; J. Breen, Deputy Fire Chief; J. Johnson, Building Inspector; D. McCaig, Park Planning Assistant; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss B. Knox, Mayor's Office. . ~ II""" ~2? The meeting opened with the reciting of The Lord's Prayer. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on July 16, 1984, be adopted. Question being taken, the motion was carried. I Her Worship the Mayor commended the members of Loyalist Days Inc. for the success of their efforts with respect to Loyalist Days 1984, and extended congratulations to Miss Mary Lynn McNeil, who was crowned Miss Saint John 1984 during the Loyalist Days celebrations. Her Worship the Mayor commented on the visit to Saint John of Mayor and Mrs. William Gorman of the City of Hazard, Kentucky, U.S.A., and noted that Mrs. Gorman is a great-great granddaughter of former Saint John Mayor Lauchlan Donaldson. The Mayor commented on a litter clean-up campaign which is being carried out by the Saint John Boys & Girls Club, as well as on a book by Karen Love, entitled "Fiddleheads Instead" which was written as a Bicentennial project. I Councillor Schermerhorn commended the teams which participated in the Loyalist Days' Labatts Rugby Tournament at which he presented trophies on behalf of the Mayor. (Councillor Poley withdrew from the meeting.) On motion of Councillor Murray . Seconded by Councillor Schermerhorn RESOLVED that a letter from Gorman, Nason, Farrell, Ljungstrom, solicitors for Gary and Bonita Byers, regarding a request for an easement with respect to property at 380 Ludlow Street, be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) I Her Worship the Mayor noted the presence in the Council Chamber of several members of the Saint John Police Department and advised Council that the following officers have successfully completed a police weapons instructor's course which was conducted over an approximate four-year period:- Constables Kevin Brown, Leonard Duffy and Royce Isenor, and that, with respect to a sniper's course which consisted of one hundred and five hours of instruction commencing in September 1982, the following officers successfully completed same:- Constables Donald E. Brien, Larry F. Boyles, Allen R. Benson, Leonard S. Duffy, John Garnett, Royce C. Isenor, Douglas B. Jenner, John R. McNamee, Ronald S. McGrath, Joseph P. McEachern, Roger P. Sullivan and Peppino A. Sylvester. The Mayor commended the said Police Officers for having given of their personal time and for their true dedication to qualify themselves accordingly. The Mayor and Acting Chief Breen presented the Police Officers present with their course completion certificates and congratulated them on their accomplishment. (Her Worship the Mayor withdrew from the meeting whereupon the Deputy Mayor assumed the chair. Councillor Poley withdrew from the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a parcel of land located at I Bayard Drive (L.R.I.S. Numbers 15610 and 55024830), which was formerly occupied by The Canadian Red Cross Society, from "RM-l" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, to permit the property to be used for Chancery Administration Offices for the Saint John Diocese of the Roman Catholic Bishop of Saint John, as re~uested by The Canadian Red Cross Society, and that no written objections were received in this regard. . Consideration was given to a letter from the Planning Advisory Committee recommending that the above property be re-zoned from "RM-l" Multiple Residential to "IL-2" Major Institutional classification. Mr. Raymond Glennie, solicitor for the Roman Catholic Bishop of Saint John, appeared before Council in favour of the above-proposed amendment and noted that the re-zoning of the subject property is consistent with that in the area of the Cathedral of the Immaculate Conception on Waterloo Street. On motion of Councillor Knibb I Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land located at 1 Bayard Drive (L.R.I.S. Numbers 15610 and 55024830), from "RM-l" Three-Storey Multiple Residential to "IL-2" Major Institutional classifi- cation, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land located at 1 Bayard Drive (L.R.I.S. Numbers 15610 and 55024830), from "RM-l" Three-Storey Multiple Residential to "IL-2" Major Institutional classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. lio.. 4\~8 "'llIl Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a parcel of land containing approximately 18 acres with a frontage of 680 feet on the western side of the Lorneville Road and adjoining Second Creek, identified as L.R.I.S. Number 285601 and shown on the submitted plan, from "RS-2" One- and Two- Family Suburban Residential to "RS-2M One- and Two-Family and Mobile Home Suburban Residential classification, to permit the placement of a mobile home on this property as reQuested by Mr. Fred G. Haslam, and that no written objections have been received in this regard. No persons were present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee regarding the above-proposed amendment, recommending that an area not exceeding 2 acres in size be re-zoned from "RS-2" to fiRS_2M" classification. On motion of Councillor Gould Seconded by Councillor Poley RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning an area not exceeding 2 acres in size located on the western side of the Lorneville Road and adjoining Second Creek and being a portion of L.R.I.S. Number 285601, from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family and Mobile Home Suburban Residential classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning an area not exceeding 2 acres in size located on the western side of the Lorneville Road and adjoining Second Creek and being a portion of L.R.I.S. Number 285601, from "RS-2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family and Mobile Home Suburban Residential classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. Public presentation was made of a proposed amendment to the Municipal Development PIau, to amend Schedule 2-A of the Plan, by redesignating a parcel of land located at 59-61-63 Millidge Avenue (L.R.I.S. Number 37526), containing 12,210 sq. ft. with a frontage of 47 ft. on the western side of Millidge Avenue, from Low Density Residential to Light Industrial classification, to allow re-zoning of the parcel from "RM-I" Three-Storey Multiple Residential to permit conversion of the existing two-storey woodframe building to be used as offices by Baxter Dairies Limited, as requested by Baxter Dairies Limited. Public presentation was made of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating two lots located at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), resulting in an 8,000 sq.ft. parcel of land on the northeast corner of Sydney and Broad Streets with an 80 ft. frontage on Broad Street and 100 ft. frontage on Sydney Street, from Medium Density Residential to District Centre Commercial classification, to allow re-zoning of the site from "RM-I" Three-Storey Multiple Residential to "B- 2" General Business classification, which will permit the construction of an appliance repair shop, as requested by Mr. Norman E. Smith. Mr. John Disher, President of Saint John Non-Profit Housing Inc., appeared before Council and noted that the purpose of addressing Council at this time is to establish a reporting mechanism that will hold Saint John Non-Profit Housing Inc. accountable as well as to inform the citizens of Saint John of its progress in meeting its mandate. Mr. Disher, reading from a prepared brief (copies of which were previously forwarded to Council members), commented on the establishment of this group and the results of its meetings to date in the establishment of the following five immediate goals and courses of action:- (I) to better understand the housing market in the City of Saint John and surrounding areas a proposal call was initiated for an analysis of the Saint John housing market for Council's consideration; (2) to undertake an indepth review of all aspects of new subdivision development to determine the reasons for the lack of it in the City of Saint John, a review of the subdivision process by staff, under the leadership and guidance of the City Manager, has been initiated; (3) to facilitate, advocate and/or undertake the development of two parcels of City-owned as outlined in the Planning Branch's reports entitled "The Sandy Point Concept and the Cedar Point Concept", reports prepared by the Planning Branch have been tabled and will receive more: .detailed study in the near future; (4) to undertake an indepth review of housing, both existing and new in the older areas of the City, the main action to date has been related to the development of twenty infill housing units in the South End of the City for which construction is anticipated to commence by mid-fall and, as it is intended that this development will act as a catalyst to facilitate development by the private sector, it is requested that, in order to advocate housing based on the one-stop shopping approach, Council consider delegating one staff member to co-ordinate the necessary reviews and responses required by potential housing proponents and at the same time that the City re-appoint a subdivision review committee chaired by a senior staff member reporting to the City Manager; and (5) to manage all City-owned housing in an efficient and'professional manner and to implement the necessary policies and procedures to permit this to occur, the need for a major renovation program at the Millidgefield Apartments has been the area of concentration and, although it is acknowledged that considerable funds were expended on this project in the past few years, further major improvements are again needed and it is intended to bring forth within six . I I . I . I I . ~ ~ ~~2 . I I . I . I I . ~ weeks a major report for Council's consideration. Mr. Disher noted that the other two City-owned housing projects, namely, Harbourside Apartments and Rockwood Court housing, are 100 per cent occupied, and he requested that, in order to ensure Council of this group's intent to deal with the extent and complexity of the housing situation in Saint John to the greatest extent possible, Council approve the submited operating budget, in the amount of $47,100.00, for the remainder of 1984. (Her Worship the Mayor re-entered the meeting during the foregoing presentation and reassumed the chair.) Councillor Poley noted that the budgdted amount for consultants is $40,000.00 to which Mr. Disher replied that this amount is in connection with (1) above. The Mayor thanked Mr. Disher and the members of the Saint John Non-Profit Housing Inc. for their efforts on behalf of the City and advised that Council will render a decision on their presentation later in the meeting. Read a letter from Mayor Wayne regarding the 1987 National Convention of the Institute of Public Administration of Canada, which is to be held in Saint John, noting that this Institute draws together the highest levels of Federal, Provincial, Municipal and Territorial governments as well as Crown Corporations and corporations affected by government regulation. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John express its pleasure to the Institute of Public Administration of Canada at having been chosen as the site for the 1987 National Convention of the said Institute. Question being taken, the motion was carried. Read a letter from Councillor Gould regarding playground equipment at Lowell Street, which was placed in this play area and is apparently no longer there, asking for a report as to what equipment was in the Lowell Street play area when it first opened, what equipment is there now and an explanation of why there have been changes. Councillor Gould asked that the requested report also include details of the general policy respecting the input and removal of equipment from play areas. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Pavin~ (1982) Ltd. - supply of asphalt July 12-18, 1984 $63,678.07 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the statements of payments made during May and June 1984 be received and filed. Question being taken, the motion was carried. Read a letter from the City Manager regarding a reference to paving being carried out in Highmeadow Park, which was made during the presentation of Mr. Cyril T. Page at Council's last meeting, advising that the paving referred to by Mr. Page was that being carried out on Highmeadow Drive, which is a public street. Consideration was also given to a letter from the City Manager (copies of which were distributed to Council members earlier this date) regarding the above matter, advising that staff reviewed Mr. Cyril Page's request for repaving of the upper portion of Garnett Road and estimated the cost to grade, ditch and chipseal the said portion to be $13,000.00, with the widening of the street to City standard of 24' and performing the subject work estimated to cost $34,000.00; recommending that the necessary work to Garnett Road be carried out under the 1985 Capital Program, and stating that hot mix patching will be immediately done under the Maintenance Budget. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the necessary work to Garnett Road be carried out under the 1985 Capital Program. The Mayor, replying to a query of Councillor Murray, confirmed that the above matter will be a priority item in the 1985 Capital Budget. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the low tender, as submitted by Atlantic Industries (NB) Ltd. of Sackville, N.B., be approved at the prices quoted for the supply of guiderails and posts for the year 1984. A brief discussion ensued during which time Mr. Robichaud explained where the above-mentioned guiderails will be located. Question being taken, the motion was carried. ~30 ., On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract - Market Square Modest Rental Housing The Rocca Group Market SQuare Development Limited Construction of modest rental housing units Original estimated value of contract Total work done, estimate number 12 Retention Less previous payments Sum recommended for payment, Progress Estimate Number 12, dated July 20, 1984 Partial release of holdback $ 397,438.55 $4,1l4,473.00 4,143,680.06 433,837.46 3,312,404.05 Mr. Todd, at the reQuest of Councillor Knibb, elaborated on the reasons for changes being made in the above contract as indicated in the submitted summary and Mr. Barfoot, replying to an observation of Councillor Vaughan that the copy of the monthly payment certificate bears no approving signature, confirmed that the original thereof is signed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that with regard to the presentation of the Saint John Non-Profit Housing Inc., Common Council approve the submitted ope~ating budget for the remainder of 1984, in the amount of $47,100.00. Question being taken, the motion was carried. Notice had been sent to Kenneth Keetch and Mary Keetch, Owner of the Fee Simple of the Renewable Term for Years and Robert T. Alexander In Trust, Mortgagee and Midland Transport Limited, Judgment Creditor, to appear at this meeting to show cause, if any, why the building located at 184 Britain Street (L.R.I.S. Number 1057), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and stated that this two-storey woodframe building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that notice having been given to Kenneth Keetch and Mary Keetch, Owner of the Fee Simple of the Renewable Term for Years and Robert T. Alexander In Trust, Mortgagee and Midland Transport ,Limited Judgment Creditor, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 184 Britain Street (L.R.I.S. Number 1057), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 184 Britain Street, in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Kenneth Keetch and Mary Keetch, Owner of-the Fee Simple of the Renewable Term for-Years and Robert T. Alexander In Trust"Mortgagee and Midland Transport Limited, Judgment Creditor, are hereby required to remove or destroy the said building situate at civic number 184 Britain Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Kenneth Keetch and Mary Keetch, Owner of the Fee Simple of the Renewable Term for Years and Robert T. Alexander ,In Trust, Mortgagee and Midland Transport Limited, Judgment Creditor, to remove or destroy the said building situate at 184 Britain Street, in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Kenneth Keetch and Mary Keetch, Owner of the Fee Simple of the Renewable Term for Years and Robert T. Alexander In Trust, Mortgagee and Midland Transport Limited, Judgment Creditor. Question being taken, the motion was carried. Read a letter from the City Manager advising that, with regard to the following three projects applied for by the City under Section 38 of the Canada Works Projects Funding, namely:- (1) maintenance facility - $50,729.00, (2) picnic shelters and washroom construction - $43,532;00, and (3) irrigation extension - $58,156.00, amounts of $30,800.00, $26,400.00 and $35,200, respectively, have been approved and that, although no funds were approved for either materials or supervision, ,it would be desirable to take advantage of the labour funding available and provide additional Capital funds to pay for materials, equipment and supervision, and recommending that an additional $43,000.00 be added to the Capital Budget for Recreation and Parks for the maintenance facility and irrigation extension at the Rockwood Park Golf Course. Mr. Barfoot advised that, although the above report indicates that the subject 'projects have been approved by the Federal Government, Council's approval of the additional $43,000.00 funding is being requested prior to the Federal Government's consideration of the application. "On mot ion -_of _ Counc illor Murray Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, an additional $43,000.00 be added to the Capital Budget for Recreation and Parks for the maintenance facility and irrigation extension at the Rockwood Park Golf Course. . I I . I . I I . .... ~ ~31 . I I . I . I -I . ~ Councillor Knibb asked the reason for the omission of (2) above in the City Manager's recommendation to which Mr. Barfoot explained that the maintenance facility and irrigation extension are considered to be of higher priority than the construction of picnic shelters and washrooms, particularly as they affect the revenue of the Golf Course. Mr. McCaig, replying to a query of Councillor M. Vincent, advised that, depending on the timing of the Federal Government approval, it is anticipated that the subject work will be completed in the fall of 1984 and that it is not expected to interfere with the use of the Golf Course. Question being taken, the motion was carried. Ms. M. Helena Rojas-Fernandez, Southern New Brunswick Regional Coordinator of the New Brunswick Federation of Youth, appeared before Council and explained that, in order to prepare the New Brunswick Youth Guide for International Youth Year in 1985, an additional field worker is required to assist in conducting a completely comprehensive study of youth in the Saint John area. Ms. Rojas-Fernandez requested a grant from the City to be used to employ a field worker at a salary of $152.00 per week for the month of August. During ensuing discussion, Ms. Rojaz-Fernandez confirmed that additional funding cannot be obtained from the other two levels of government and she explained that the Youth Guide, which is to be printed this fall, is a guide book on what is available for youth in the Province, such as places to go and things to do. Matters concerning the area to be covered by this comprehensive study, particularly in the area of Saint John, whether or not a student would be hired by the Federation to assist in same, and the purpose of the New Brunswick Federation of Youth were discussed, the latter to which Ms. Rojas-Fernandez advised that this Federation was formed in 1984 and that, although a basic policy has not as yet been established and its immediate goal being the publication of a Youth Guide, it is expected that the Federation's long-term goal will be to assist youth in the Province, and that the Federation was established by several members of the University of New Brunswick in Fredericton, N.B. The Mayor thanked Ms. Rojas-Fernandez for her presentation and advised that Council will render a decision on same later in the meeting. Read a letter from the City Manager regarding the request of the Board of School Trustees District 20 at Council's meeting of May 7, 1984 for the existing roadway behind Forest Hills School to be paved with the further suggestion that a tunnel be built under this paved road to provide safe access for children between the various playing fields in the area, submitting a copy of a joint report from the Deputy Commissioner of Community Planning, Deputy Commissioner of Engineering and the Director of Recreation and Parks concerning this request as well as several related matters which have recently been before Council, and submitting recommendations to eliminate the hazards associated with a through street across a heavily-used recreational area. The letter notes that Council has approved $50,000.00 in the 1984 Capital Budget and suggests that, if Council approves, construction of the road should begin before the end of the year and, with some winter work, be completed and paved so that the existing access can be closed and the area fixed up prior to the opening of the 1985 Canada Summer Games. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Common Council agree in principle to the closing of Kennington Street at such time as a new secondary access to Forest Hills is constructed; that Council approve the extension of Lakewood Avenue West to meet McAllister Drive in accordance with alternative route (e) as shown on the submitted plan, estimated at a total cost of $150,000.00; that the Engineering and Works Department be authorized to finalize the alignment for the new route following which the Property Management Branch would negotiate the necessary land acquisition, and that, following the finalization of the alignment and land acquisitions for the new road, the construction of the new road be commenced as soon as possible and completed as a project in the 1985 Capital Program. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, pursuant to Common Council resolution of June 25, 1984, the necessary advertising has been completed to allow Council to eliminate the necessity of the Building By-Law being read in its entirety prior to third reading as the Municipalities Act provides that, following such advertising, a by-law may be read by section numbers only prior to third reading, if no member of Council objects, noting that third reading of the said By-Law is in order at this time. On motion of Councillor Davis Seconded by Coun~ llor Knibb RESOLVED that the proposed new Building By-Law be amended as follows:- (I) by deleting the numerals 20,000. in Section 9.6.6(a) and substituting in their place the numerals 200,000.00; and (2) by deleting the numerals 20,000. in Section 9.6.6(b) and substituting in their place the numerals 200,000.00. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The Mayor requested that, unless any member of Council objects, the Common Clerk read the above By-Law by section numbers only and she noted that Council may question the subject by-law during the said reading or following same. (Councillors Schermerhorn and M. Vincent withdrew from the meeting.) The by-law entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", was read in its entirety by section numbers only. Question being taken, the motion was carried. 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 ~32 ~ Your Committee begs leave to report that it sat on Monday, July 16, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- I. That as recommended by the Nominating Committee, the following persons be appointed to the Saint John Sports Hall of Fame Committee, namely:- Councillor Kenneth Gould - Chairman, Councillor Marlene Vaughan, and Messrs. Arthur Pottle, C. E. Nicolle and Bill Donovan. 2. That pursuant to the recently-enacted legislation establishing that the membership of the Saint John Aquatic Center Commission shall be composed of seven members consisting of (a) the City's Director of Recreation and Parks; (b) one member of the Board of School Trustees of District 20, appointed by the Board; (c) five members appointed by the Common Council, not more than one of whom shall be a member of the Common Council; and (d) the Mayor, the City Manager and the Commissioner of Finance who shall be members ex officio, without a vote, Common Council approve the recommendation of the Nominating Committee that the following persons be appointed to the said Commission for the terms as noted, namely:- Mr. Peter Daniels - three-year term; Councillor Marlene Vaughan - two-year term; Mr. Robert Bonnell - two-year term; and Mr. H. Mel Clark - one-year term. 3. That the request for grant assistance 'of the New Brunswick Wildlife Federation to sponsor two Saint John students to attend the Atlantic Conservation School'at Pugwash, Nova Scotia from August 26 to September I, 1984, be denied. . I I 4. That as recommended by the City Manager, Mr. Ralph B. Murray be appointed as Executive Director of the Saint John Port Development Commission, effective October 1, 1984, on a one-year probationary . basis at an annual salary of $44,625.00, with the usual City benefits and subject to passing a medical examination, the salary level for this position to be reviewed in due course and the City consider adjusting Mr. Murray's salary upward retroactive to October 1, 1984 having regard to Mr. Murray's experience and salary level with his previous employer. 5. That as recommended by the City Manager, the position of Clerk/Typist, Group 1, be added to the establishment of the Housing and Renewal Services Branch of the Community Planning and Development Department, at a specified salary of $14,113.00 to $15,454.00. 6. That as recommended by the City Manager, the lease with Wm. P. Dowd and Sons Limited for property on Somerset Street be amended by deleting from the leased area a 4,500 sq. ft. portion of land on the southeastern corner as indicated on the suhmitted plan, such portion required by the City for construction of the North End boosting station as approved in the 1984 Capital Budget, the rental and other terms of the said lease to remain unchanged. 7. That with regard to the offer of Mrs. Dorothy Zed to sell to the City property at 40-44 St. James Street in lieu of outstanding demolition costs, Council adopt the recommendation of the City Manager that, as the City has no need for the property and as the demolition costs exceed the market value, the City refuse the offer of Mrs. Zed. 8. That as recommended by the City Manager, the offer of Sobey's Limited, in the amount of $20,000.00, to purchase property on Catherwood Street, as indicated on the submitted drawing, be accepted on the condition that this Company prepare the necessary survey and subdivision plans and pay all costs associated with the transfer, with the City to retain an easement over the subject property. July 23, 1984, Saint John, N. B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd.) On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Councillor Vaughan, who served on the interim steering committee of the Aquatic Centre, suggested that, as all of the members of this committee could not be appointed to the above Commission and in view of their contribution to the City by serving on the interim steering committee, a letter of thanks should be fowarded to them to which the Mayor replied that such action would be taken. Councillor Murray suggested that, as there is one vacancy to be filled on the Commission and if the person nominated for same does not accept the nomination, consideration should be given to having a person from the West Side of the City on the Commission. (Councillor Schermerhorn re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I . I I . ~ ~ '~~ . On motion of Councillor Knibb . Seconded by Councillor Murray RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Gould I RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Gould I . Seconded by CO,uncillor Schermerhorn RESOLVED that the letter from the Federation of Canadian Munici- palities advising that to Common Council resolution of July 3, 1984 with regard to the UTAP Program will be brought to the attention of the Standing Committee on Resolutions and National Board of Directors at their meetings scheduled for October 20 in Windsor, Ontario, following which Common Council will be advised of the Board members' decision regarding this matter; submitting copies of resolutions on this subject, one of which was endorsed at the 1984 Annual Conference, the other which was referred to the FCM's Task Force on Urban Transit, and further advising that the FCM President will be discussing this subject with the Federal Minister of Transport and, in relation to urban infrastructure funding, with the Minister of Finance -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the members of the City Council of Hamilton, Ontario, advising that they renamed a street after the Polish trade union, Solidarnosc, in recognition of the contribution to the community by citizens of Polish descent and in honour of the Polish people in their struggle for independence, liberty and justice, and inviting Common Council to join with the City of Hamilton on this significant, symbolic gesture by naming one of Saint John's streets "Solidarnosc", be received and filed and the City Council of Hamilton be thanked for their letter in this regard. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. D. Cerry indicating that he and his wife enjoyed Tattoo 200 despite the .cold weather and the lack of backs on the seats; suggesting that, if citizens actually desire an inclosed facility such as that being looked into by the City, it might be feasible to set up a fund to which citizens and others could donate towards such a facility, such fund to be utilized to pay for the building itself, the operating costs thereof, part of the interest on borrowed funding or for extras needed, and expressing his willingness to make a payment to such a fund should it be set up under good management -- be referred to The Market Square Corporation for consideration and Mr. Cerry be advised that Council appreciates his offer. Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Garnet Sears requesting an extension of one year on the landscaping required by the City of Saint John at the location of Glen's Take Out at IO Loch Lomond Roadas a delay has been experienced in the construction of the dining room, therefore any landscaping done at this time would be destroyed during the said construction and advising that it is anticipated that the dining room and landscaping will be in place by the fall -- be received and filed and the request be granted. Mr. Barfoot, replying to a query of Councillor Schermerhorn, advised that this is the second time an extension has been given to Mr. Sears. . Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) ~ 4i341 ~ On motion of Councillor Murray Seconded by Councillor M. Vincent RESOLVED that in consideration of payment of $1.00, the . Mayor and Common Clerk be authorized to execute an easement in favour of Gary and Bonita Byers to permit the encroachment of their building at 380 Ludlow Street West upon that street and upon the City- owned lot located to the rear, all as shown on the Building Location Survey, dated July 17,1984, prepared by R. Fulton, such easement to terminate with the destruction or removal of such encroachment. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that with regard to the presentation of Ms. M. Helena Rojas-Fernandez on behalf of the New Brunswick Federation of Youth for grant assistance to employ a field worker, a grant in the amount of $608.00 be approved. Question being taken, the motion was carried with the Mayor and Councillors Davis and Poley voting "nay". On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~~~~ad . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of July, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - I Messrs. N. Barfoot, Assistant City Manager - Administration; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commissioner of Housing & Renewal Services & Property Management; J. Dunham, Deputy Police Chief; J. Breen, Deputy Fire Chief; M. Hanlon, Purchasing Agent; C. E. Nicolle, Director of Recreation and Parks; and Miss B. Knox, Mayor's Office. Reverend Roy Austin of the Church of the Nazarene offered the opening prayer. July 23, 1984, be adopted. On motion of Councillor Schermerhorn Seconded by Councillor Knibb . RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. Her Worship the Mayor commented on visits to her office during the week of July 23, 1984 of members of the Notre Dame du Cap Boys Choir of Quebec and a group of children from the Summer Day Camp For Hearing Impaired Children. The Mayor also noted that The Right Honourable John Turner, Prime Minister of Canada was in Saint John on July 27, 1984, and that Federal Progressive Conservative Party I Leader, The Honourable Brian Mulroney, will be in'Saint John on August I, 1984. Her Worship the Mayor advised that, while meeting with the Prime Minister, the subject of the Via Atlantic rail service was broached and there is a possibility that a delegation from Saint John will deliver to the The Honourable Lloyd Axworthy, Minister of Transport Canada, the approximate 20,000 letters received from concerned citizens respecting the reinstatement of the Via Atlantic rail service. The Mayor requested Council's approval so that she may accompany such delegation. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling I RESOLVED that approval be granted to Her Worship the Mayor to accompany a delegation to Ottawa, Ontario, with respect to the Via Atlantic rail service. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne regarding an information session for elected officials which is tentatively scheduled for September 1984 in Fredericton, N.B., requesting Council members to submit suggestions for topics which could be of interest to munici- pal elected officials to the Common Clerk by August I, 1984 so that such items can be subsequently forwarded to the Provincial-Municipal Council -- be received and filed. . Question being taken, the motion was carried. ~ ~ ~3i On motion of Councillor Flewwelling . Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Fl~wwelling, chairman of the Council committee to review the purchase of publications and membership by City employees in associations, professional and para-professional, requesting the City Manager to provide as soon as possible his report on this committee's submission to him of several months ago -- be received and filed and the City Manager be requested to reply to this committee with suggestions he may have concerning purchases.of periodicals and memberships in associations and professional organizations. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Schermerhorn summarizing cheques issued in June 1984 into categories of under $1,000.00 to over $10,000.00; expressing the opinion that, as there appears to be a substantial amount of money expended on requisitioned items under $1,000.00 and with the present system of spending authority, perhaps the City does not enjoy the degree of control which would be appropriate, and recommending that Council adopt, in principle, for subsequent referral to the City Manager for review and report at the next meeting of Council, the following procedure for requisition approvals:- under $1,000.00 - initiator and the department head; $1,000.00 to $5,000.00 - requires the initiator, department head and either Assistant City Manager; $5,000.00 and over - Council; storeroom stock items: under $1,000.00 - division head, over $1,000.00 - division head and either Assistant City Manager, and that in the absence of a designated signing authority, subordinates cannot sign on their behalf and the next higher authority should approve the requisitions with authority extending only to those departments under his or her approval -- be received and the submitted procedure be adopted in principle and referred to the City Manager and appropriate staff for review'and a report to Council in two weeks. . Councillor Knibb referred to Council's discussion in Committee of the Whole earlier this date of the City's purchasing procedures and suggested that, as the adoption of the above procedure could result in changes having to be made at a later date, the Commissioner of Finance should be requested to address this matter at this time. Mr. Wilson expressed the opinion that, when limits such as those proposed are set, it is important to balance control with the ability to get work done and, while he concurs with the concept of having more than one spending limit, his initial feeling regarding the above is that the limits appear to be acceptable provided department heads are still able to designate a subordinate to act on their behalf in >order to avoid the necessity of a large number of requisitions having to be approved by the Assistant City Managers which could subsequently result in the delay of projects. Mr. Robichaud advised that he would like to discuss the above proposal with all of the division heads and subsequently report to Council through the City Manager. Discussion ensued regarding the particular staff to be involved in the subject review and concern was expressed by Councillor Vaughan and the Mayor with respect to the delegation of approval of the City Manager's $5,000.00 spending authority. Question being taken, the motion waS carried. I Read a letter from Councillor Schermerhorn submitting a copy of a report which he presented to Council at its meeting of September 26, 1983, as well as a copy of a report prepared by Deputy Mayor Davis and presented to the Finance Committee, both of which relate to the facility and activity costs which are totally supported financially by the City of Saint John yet the surrounding communities share in the benefit; expressing the opinion that a critical situation exists for the taxpayers of this City and to date nothing constructive has been resolved insofar as ways for the surrounding communities to financially participate in the said facility and activity costs, therefore, it is time to seriously address the problem of cost sharing as it relates to the neighbouring areas, and recommending that a meeting be held immediately between the appropriate City officials, including staff, and the Minister of Municipal Affairs to address this situation. . A motion was proposed by Councillor Schermerhorn and seconded by Councillor Flewwelling that the above recommendation be adopted; however, during discussion, it was suggested that Council should first meet with representatives of the surrounding municipalities prior to approaching the Provincial Government in order that a united approach can be taken with the latter. Matters regarding a survey being carried out by an outlying municipality through a Federal summer works project grant in the area of Welsford to St. Martins, N.B., to determine the number of persons who use City facilities and if they are willing to pay for same, a report of which will be submitted to the City upon completion; the status of this matter at the Provincial- Municipal Council; efforts of The Saint John 1985 Canada Summer Games Society, Inc., to solicit financial support from the surrounding municipalities as Friends of the Games, were discussed, and Deputy Mayor Davis commented on his above-mentioned report, following which the mover and seconder of the proposed motion agreed to change same to indicate that a meeting will be held with the surrounding municipalities prior to the proposed meeting with the Minister of Municipal Affairs. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that a meeting be held immediately with representatives of the surrounding municipalities regarding the above matter, following which a meeting will be held between the appropriate City officials, including staff, and the Minister of Municipal Affairs to address this situation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Limited - supply of asphalt July 19-25, 1984 $68,667.40 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager explaining that an over-expenditure in the amount of $237.01 occurred in the asphalt planing project, which is included in the 1984 Capital Program, due to the addition of Duke Street West which necessitated the removal of asphalt at a cost of $740.00 less a backcharge in the amount of $502.99 representing standby time of City crews as the contractor failed to commence work on time, and recommending that authority be granted to approve this over- expenditure and the total invoice amount of $5,237.01 for asphalt planing -- be received and filed and the recommendation adopted. ~36 " Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, authority be granted for acceptance of a performance bond in the amount of $7,000.00 for the guarantee of rehabilitation of the gravel pit on Latimer Lake Road, which is owned by Thomas Construction Ltd. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Wm. P. Dowd & Sons Ltd., in the amount of $6,920.00, be accepted for roof repairs at the Spruce Lake treatment plant, and the tender of J.E. Wilson Roofing Co. Ltd., in the amount of $6,698.00, be accepted for roof repairs at the Latimore Lake chlorine plant. Mr. Hanlon, replying to a ~uery of Councillor Knibb, advised that, although there were eleven potential tenderers in the City for the above projects, he cannot explain the fact that only two chose to respond and further that the estimate for the Spruce Lake project was $7,200.00, with the Latimer Lake project being in the amount of approximately $6,000.00. Councillor Gould asked what options were considered other than those presented in the specification by the companies concerned to which Mr. Robichaud replied that it is his understanding that a consultant was engaged to advise the City in this matter and that changing to a pitched roof would mean a new structural change of a significantly more expense than replacing what is already in existence. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED that as recommended by the City Manager, the tender of Estey & Co. Ltd. be accepted for the supply of rainwear on a consignment basis for the period ending July 31, 1985, at the prices quoted, such tender being the lowest received which meets all specifications. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the joint letter from the City Manager, Commissioner of Finance and Chief Accountant, regarding Council's engagement on April 2, 1984, of Woods Gordon of Toronto, through its Saint John Branch Office, to undertake an executive search for a Chief of Police I for the City of Saint John, noting that the terms of reference did not specify a cost and recommending that the first interim billing in the amount of $10,327.85 be approved by Council -- be received and filed and the recommendation adopted. Councillor Knibb expressed the understanding that Woods Gordon did give a fairly accurate cost figure of the subject executive search and it was noted that this amount was included in the said firm's proposal. Mr. Barfoot advised that the proposal of Woods Gordon ~uoted fees of between $12,500.00 to $15,000.00, plus out-of-pocket expenses. Mr. Wilson, replying to,a query of the Mayor, advised that the above matter is before Council as the Council resolution concerned only engaged the firm and did not specify an amount or refer to the submitted proposal, and he also advised his intent to bring subsequent billings ,regarding this matter before Council to which Councillor Knibb suggested that Council will wish to see additional billings in any event. A brief discussion ensued during which time Councillor M. Vincent questioned the format of the subject invoice in that it does not include a detailed breakdown of the subject amount, and the delay in submitting the invoice, which is dated May 31, 1984, to Council was questioned by Deputy Mayor Davis to which Mr. Wilson replied that . the subject billing was received in the Finance Department on June 28, 1984. Councillor Murray suggested that the above matter should be tabled pending additional information and it was noted that interest of 1%% will be charged on an overdue account with this firm. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the above matter be laid on the table for one week pending receipt of a more detailed report. I Question being taken, the tabling motion was carried with the Mayor and Councillors Davis and Schermerhorn voting "nay". Councillor Knibb asked when Council will interview the candidates for the position 'of Chief of Police to which the Mayor replied that such interviews will be conducted on August 7, '1984. Read a letter from the City Manager noting that one provision of the Additional Governmental contribution Agreement with respect to Market Square, which was approved by Council on April 30, 1984, is that if all other agreements contemplated between the parties are not fully executed by The I Market Square Corporation and Rocca on or before July 31, 1984 the funds revert from the said Corporation to the various government contributors and do not flow to Rocca, and advising that, although many of the requirements for final execution have been cleared away, the hotel corporate structure and the form of The Market S~uare Corporation equity interest therein is not finalized and cannot be finalized prior to July 31, 1984, however, Rocca has just recently submitted a proposed structure for the hotel corporation to the said Corporation for its review and comments and it is anticipated that negotiations on this final matter will be concluded prior to the end of August. The letter requests 'Council's approval to change the date of July 30, 1984 in the Additional Governmental Contribution Agreement to August 31, 1984, such approval having been given by The Market Square Corporation. The letter also advises that the releases of the lands comprising Smythe Street and North Market Wharf are being finalized from Rocca to The Market Square Corporation to the City of Saint John and, as the exhaust . vent from the parking garage passes underneath North Market Wharf by the Atrium entrance, as shown on the submitted plan, a license and easement to Rocca across North Market Wharf are re~uired for this purpose. ...4 JI""" 631 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor 'and Common Clerk be authorized to execute the necessary amendments to the Additional Governmental Contribution Agreement with respect to Market Square to change the closing date from July 30, 1984 to August 31, 1984, and further that the Mayor and Common Clerk be authorized to execute a license to the areas shown cross- hatched and an easement to the area shown hatched on the submitted plan. Question being taken, the motion was carried. (Councillor Poley withdrew from the meeting.) I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-12 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land located at 1 Bayard Drive (L.R.I.S. Numbers 15610 and 55024830), from "RM_I" Three Storey Multiple Residential to "IL-2" Major Institutional classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "By-Law Number C.P. 100-12 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. (Councillor Poley re-entered the meeting.) On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-13 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as ,it concerns re-zoning an area not exceeding 2 acres in size located on the western side of the Lorneville Road and adjoining Second Creek and being a portion of L.R.I.S. Number 285601, from "RS_2" One- and Two-Family Suburban Residential to "RS-2M" One- and Two-Family and Mobile Home Suburban Residential 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. 100-13 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. (Councillor Gould withdrew from the meeting. ) I 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 begs leave to report that it sat on Monday, July 23, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the request of Youth With A Mission for grant assistance for a team of twenty-one persons, ranging in ages from seven to twenty years, to participate in a musical dramatic dance presentation in Los Angeles, U.S.A., in July 1984, be denied. . 2. That as recommended by the City Manager, approximately 3,355 sq. ft. of land adjacent to the former Beaconsfield Fire Station on Lancaster Avenue, shown hatched on the submitted plan, be purchased from Mr. & Mrs. Stephen Gallant for the price of $3,500.00; that the survey, subdivision and deed preparation costs be borne by the Gallants; that, once the land is purchased, the walkway and stairs be moved and relocated as close as possible to the eastern boundary of the new parcel and that proposals be called for the sale and development of the former Beaconsfield Fire Station property as soon as written confirmation of the proposed sale of the land is received from the Gallants, and that the Mayor and Common Clerk be authorized to sign any documents required to complete the transaction. I 3. That a grant of $500.00 be approved with respect to the National Conference of the Canadian Parents for French to be held in Saint John in October 1984. July 30, 1984 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. .... ~38 ~ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Richard Hatfield, Premier of New Brunswick, in response to Common Council resolution of June 11, 1984 regarding the visit of Her Majesty The Queen and His Royal Highness The Duke of Edinburgh to New Brunswick, advising that, as the time allotted to The Royal Tour itinerary does not provide time for a visit to all the cities, towns and villages of the Province who have expressed a wish to be included, none of the communities visited last year by Their Royal Highnesses, The Prince and Princess of Wales, have been included in this year's Royal Visit, and expressing regret that time does not permit Her Majesty and The Duke of Edinburgh a visit to Saint John this year -- be received and filed. Question being taken, the motion was carried. The Mayor suggested that another letter, should be written to the Premier, in view of the fact that Moncton which is hosting a visit of the Pope and is also included on the itinerary of The Royal Visit which has been postponed due to the Feder~l election to immediately follow the Pope's visit, may find it difficult to host two such major events and a change in the itinerary of The Royal Visit should possibly be considered. The date of the above letter was noted as being prior to Prime Minister Turner's decision on the date of the Federal election, although it was received at the Common Clerk's Office on July 25, 1984, and Councillor Knibb concurred with the Mayor that an additional letter to the Premier would be in order. (Councillor Gould re-entered the meeting during the foregoing discussion.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that Her Worship the Mayor forward a letter to The Honourable Richard Hatfield, Premier of New Brunswick, regarding the above matter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Marjorie, Waugh of 9 and 13 Regent Street, respectively, be referred to the City Manager and the Engineering and to Council in two weeks. letters from Mrs. Jean D. Matheson and reg~rding the flooding of their basements, Works Department for analysis and a report Question being taken, the motion was carried. Consideration was given to a letter from Harvesters for Christ requesting permission to perform street plays during the month of August 1984. A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that permission be granted subject to approval by the Acting Chief of Police whereupon the Mayor advised that she discussed this matter with the Assistant City Manager and he suggested that Council should approve the subject request in principle subject to review by Mr. David Goss of the Recreation and Parks Department. Mr. Barfoot advised that Iill'. Goss is responsible for programming in the City parks and other areas and therefore this request should be referred to him so that it can be co-' ordinated with other planned events. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the request of Harvesters for Christ, a Christian drama group, to present one-half hour plays on each Thursday in the month of August, 1984, in the area of King Square, North Market Square and Prince Edward SQuare, be approved in principle and referred to Mr. David Goss of the Recreation and Parks Department and to the Acting Chief of Police. Question being taken, the motion was carried. . I I . I . The Mayor commented on the matter of truck rentals for certain months in 1984 as 'compared to the same time period in 1983 and advised that in April, May and June of 1983, amounts of $20,000.00, $45,865.01 and $57,810.89, respectively, were paid for truck rentals, while in April, May and June of 1984, amounts of $598,00, $2,230.75 and $610.81, respectively, were paid for truck rentals, and she commended Mr. Robichaud for his efforts in this regard. The Mayor added that a monetary saving of approximately $100,000.00 will result by entering into a new agreement with the City's bankers and a brief discussion ensued regarding a letter from The Royal Bank of Canada (copies of which were I forwarded to Council members as an information item) to the Mayor regarding the latter matter. Councillor Flewwelling asked why garbage was not collected in the area of Greendale and Manchester Avenue on July 27, 1984 to which Mr. Robichaud replied that what management considers an illegal strike by Local 18 employees on July 27, 1984 and their return to work at approximately 3:00 o'clock p.m. on that date would have resulted in overtime to collect the garbage in that area, therefore, the intent was to include that garbage collection in that scheduled for this date. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~7~~~rd I . ~ I"" 4i~~. At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the seventh day of August, A.D. 1984, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Schermerhorn, Vaughan and A. Vincent - and - I Messrs. A. G. McDermott, City Manager; N. Barfoot, Assistant City Manager - Administration; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; J. Brownell, Assistant Director of Recreation; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; Ms. ~. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Tom Robinson of St. John's (Stone) Anglican Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on July 30, 1984, be adopted. Question being taken, the motion was adopted. . Councillor Knibb referred to Council's request at the last meeting for a more detailed report with respect to the interim bill in the amount of $10,327.85 from Woods Gordon of Toronto. The City Manager replied that the disbursements were for two trips from Toronto to Saint John by the consultant, courier services and photocopying, and ddddddstated that he would present the breakdown of costs later this evening. Councillor Flewwelling advised that the City Manager has provided the information requested at the last meeting regarding professional dues and subscriptions. Mayor Wayne asked that copies of such information be provided to the Council members. I Mr. William Smith of NB Tel appeared before Council and presented to the Mayor and the citizens of Saint John the original watercolor used for the reproduction of the 1984 covers of all new telephone books in New Brunswick which depicts the history of Saint John from the arrival of the Loyalists in 1783 to modern Saint John as it hosts the Jeux Canada Games 85. Mayor Wayne accepted the gift on behalf of the members of Common Council and stated that it will serve as a constant reminder of the strong support the employees of cNB:Tel who"have been active in many events in commemoration of the Provincial and City Bicentennials. Mr. Richard Oland, President of the Saint John 1985 Canada Summer Games Society, Inc. was present at the meeting accompanied by Miss Leanne Sutton and Fiddle Edd, the Mascot of the 1985 Games. Leanne is a Grade 9 student at Hazen-White School and is the creator of Fiddle Edd and has recently been named the first official V.I.P. of the 1985 Canada Summer Games. Mr. Oland distributed the July 1984 monthly report and briefly outlined the activities planned for the "countdown" week of August 11-24th. He noted that the Society has started a one-year countdown to the Summer Games, and also, that Councillors Gould, Vaughan and M. Vincent, former Canada Games participants have agreed to be the Games first three goodwill ambassadors. (Councillor A. Vincent entered the meeting during the foregoing presentation.) Councillor Murray advised that the Canadian Senior Little League Championships are being held this week in the new field at Forest Hills and invited the support of all citizens at this event. . Mayor Wayne noted that she has forwarded on behalf of Council a telegram to Monica Hitchcock, who is representing Saint John as a member of the Canadian Volleyball Team at the 1984 Olympic Games. The Mayor further noted that the 5th annual Acadian Festival is being held from August 11- 15th. The Mayor advised that she has written Premier Hatfield extending an offer of assistance in inviting Her Majesty the Queen and His Highness the Duke of Edinburgh to Saint John. I The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan by redesignating two lots located on the southeastern side of Waterloo Street, known by civic numbers, 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13789 and 13763), from High Density Residential to District Centre Commercial classification, and (b) re-zoning the said property from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the continued use of No. 100-102 for a funeral home and the use of No. 86-88 for a parking lot for the funeral home, as requested by Fitzpatrick's Funeral Service Ltd., and that no written objections have been received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the above property be redesignated to District Centre Commercial and be re-zoned to "B-2" General Business classification. I Mr. Raymond Glennie, solicitor, Palmer, O'Connell, Leger, Guerette, appeared before Council on behalf of the applicant and noted that the purpose of the application is to permit a non-conditional use and a parking lot at 86-88 Waterloo Street. On motion of Councillor Knibb . Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two lots located on the southeastern side of Waterloo Street, known by civic numbers 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13189 and 13163), from High Density Residential to District Centre Commercial classification, be read a first time. Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments, Thereto". .... ~40 -., Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two lots located on the southeastern side of Waterloo Street, known by civic numbers 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13789 and 13768), from High Density Residential to District Centre Commercial classification, be read a second time. . Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto". Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concerns re-zoning two lots located on the southeastern side of Waterloo Street, known by civic numbers 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13789 and 13763), from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, be read a first time. I Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of The City 4It of Saint John insofar as it concerns re-zoning two lots located on the southeastern side of Waterloo Street, known by civic numbers 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13789 and 13763), from "RM-I" Three-Storey Multiple Residential to "B-2" General Business classification, be read a second time. Read a second time the ~law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above proposed amendments be received and filed. I The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan by redesignating an ,irregularly shaped parcel of land containing 46,692 sq.m. (approximately II 1/2 acres), being a portion of L.R.I.S. Number 49809, located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd" and Snowflake Lime Ltd., from Low Density Residential to Light Industrial classification, and (b) re-zoning the said property from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, to permit the parcel of land to be used for the storage and parking of construction materials, equipment and vehicles as well as the continued use as a quarry, as requested by Spectrum Enterprises Ltd.; and that written objections have been received from S. & A. Holding Ltd. and Norman W. Francis Limited. Consideration was glven.tooa letter,from the Planning Advisory Committee recommending that the above property be redesignated from Low Density Residential to Light Industrial and re- zoned from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act requiring the applicant to enter into an agreement with the City in which it will do the following: (a) restrict the activities to quarrying and the storage and parking of construction materials, equipment and vehicles; (b) ensure that future service requirements with regard to elevation for sewer purposes are kept in mind when establishing elevations in the working area; (c) restrict the weight of loaded trucks to avoid damage to streets in the area; (d) erect a heavy duty fence around area of excavation; (e) ensure that blasting .is carried out between 9 a.m. and 5 p.m. and drilling is carried out between 7 a.m. and 9 p.m., Monday through Saturday and that the intensity of blasting is minimized to eliminate complaints from residents of the area; (f) apply for and comply with all approvals received from Environment N.B. and other Federal and Provincial Departments and agencies; and (g) agree that the operation of the quarrying will be subject to the appropiate requirements of Section 880 of the Zoning By-Law. . I Mr. Brian Mosher, solicitor, appeared before Council on behalf of Spectrum Enterprises Ltd. and spoke in favour of the re-zoning which will allow storage of vehicles and equipment. 'Mr. Mosher advised that the contract for the supply of rock to the potash terminal site is 95% complete and the company has two months left in which to complete the job. Mr. Mosher advised that the company is aware of the limitations and recommendation of the Planning Advisory Committee and will continue to abide by them. Replying to a query from Councillor Schermerhorn, Mr. Mosher advised that the fence will be erected after the rock has been removed and the post holes blasted. He further advised that the long-term plan for the site is to level the area and erect buildings for storage. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future . Land Use Plan of the Municipal Development Plan, to reclassify an irregularly shaped parcel of land ,containing 46,692 sq.m. (approximately II 1/2 acres), being a portion of L.R.I.S. Number 49809, located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd., from Low Density Residential to Light Industrial classification, be read a first time. ..o1Il r" 41~4\-1- Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto". . Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify an irregularly shaped parcel of land containing 46,692 sq.m. (approximately II 1/2 acres), being a portion of L.R.I.S. Number 49809, located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd., from Low Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto". Question being taken, the motion was carried with Councillors A. Vincent and Flewwelling voting "nay". I On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concerns re-zoning an irregularly shaped parcel of land containing 46,692 sq.m. (approximately 11 1/2 acres), being a portion of L.R.I.S. Number 49809, located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd., from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, subject to Section 39 of the Community Planning Act requiring the applicant to enter into an agreement with the City, as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. "nay". Question being taken, the motion was carried with Councillors A. Vincent and Flewwelling voting On motion of Councilor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concernsre-zoning an irregularly shaped parcel of land containing 46,692 sq.m. (approximately 11 1/2 acres), being a portion of L.R.I.S. Number 49809, located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd., from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, subject to Section 39 of the Community Planning Act requiring the applicant to enter into an agreement with the City, as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. "nay". Question being taken, the motion was carried with Councillors A. Vincent and Flewwelling voting On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the correspondence regarding the above proposed amendments be received and filed. . Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to re-zoning two parcels of land containing approximately 85 acres with frontage of 250 feet on the northern side of Loch Lomond Road, identified as L.R.I.S. Numbers 325043 and 327122, from "RS-I" One- and Two-Family Suburban Residential, "R-lB" One-Family Residential, "R-2" One- and Two-Family Residential and "RM-l" Three-Storey Multiple Residential to "RF" Rural classification, to permit excavation of the land and extraction of gravel and other materials, as requested by Sunrise Contractors, and that a copy of a letter from Mr. Thomas F. Coughlan and a copy of a petition containing 81 signatures, which had previously been presented to the Planning Advisory Committtee, have been received in opposition to the proposed rezoning. Consideration was given to a letter from the Planning Advisory Committee, advising that seven letters and a petition containing names from 68 households were received by the Committee in opposition to the above proposed re-zoning, and recommending that the re-zoning application not be approved. Mr. Thomas Secord of 2377 Loch Lomond Road spoke in opposition to the proposed re-zoning and noted the number of gravel pits in the area some of which are hazardous and have caused loss of life. I Mr. David Ross, 177 Asied Court, speaking in opposition, noted that his property is approximately 200 yards from the site in question and pointed out that Loch Lomond Road is one hugh gravel 'pit from Silver Falls and that there has been no attempt to rejuvenate these areas. He requested Councii to listen to the reQuest of the people living in the area who are opposed to the re-zoning . . Mr. Robert Stanton, solicitor for Sunrise Contractors advised that the company has been in operation for about 15 years and reQuires its own supply of sand and gravel, and that the company aoes not want to leave the area which comprises 85 acres in a dangerous condition. He presented a topographical map which shows that the land is at various levels starting at 230 feet and elevated as high as 330 feet. Mr. Stanton advised that a pit was in operation on the property in 1981 and 1982 as a non-conforming use, but the company did not secure a performance bond in 1983 for such operation. He stated that his client's intention is to level the area to 230 feet and that he is willing to meet with the objectors and to comply with guidelines outlined by the city. ~ 4412. " On motion of Councillor Flewwelling RESOLVED that the application of Sunrise Contractors for . re-zoning of property on the northern side of Loch Lomond Road, identified as L.R.I.S. Numbers 325043 and 327122, to permit excavation of the land and extraction of gravel and other materials, be denied. Seconded by Councillor A. Vincent Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above proposed re-zoning be received and filed. I Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan by redesignating a parcel of land containing approximately 9 acres, with frontage of 275 feet and depth of 922 feet, lQcate~ on the northern side of Golden Grove Road approximately 1800 feet east of the Churchland Road intersection, and identified as L.R.I.S. Number 469551, from Rural to Light Industrial classifi- I cation, and (b) re-zoning the said property from "RF" Rural and "RFM" Rural Mobile Home to "I-I" Light Industrial classification, to permit the property to be used for the manufacture and storage of wooden pallets, as requested by Mr. Malcolm O. Cosman (C & K Trucking Ltd.), and that no written objections have been received in this regard. Consideration was given to a letter from the Planning Advisory Committee, recommending that the subject property be re-zoned from "RF" Rural and "RFM" Rural Mobile Home to "I-I" Light Industrial classification, subject to a resolution of Council pursuant to Section 39 of the Community Planning Act, requiring (a) the use of the property to be restricted to an approximately 45 foot by 100 foot one-storey building for the manufacture and storage of wooden pallets; and (b) the existing trees adjacent to Golden Grove Road to be retained. . Mr. Winch advised that the letter from the Planning Advisory Committee also should have recommended that the property be redesignated from Rural to Light Industrial classification. Mr. Richard Northrup, solicitor, appeared before Council on behalf of the applicant and spoke in favour of the rezoning and noted that C. & K. Trucking Ltd. proposes to erect a warehouse on the site for storage and manufacture of wooden pallets and this would present minimum traffic disruption. On motion of Councillor Knibb RESOLVED that the by-law entitled, "A Law to Amend the I Municipal Plan By-Law of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, _ the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land containing approximately 9 acres, with frontage of 275 feet and depth of 922 feet, located on the northern side of Golden Grove Road approximately 1800 feet east of the Churchland Road intersection, and identified as L.R.I.S. Number 469551, from Rural to Light Industrial classification, be read a first time. Seconded by Councillor Flewwelling Read a first time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land containing approximately 9 acres, with frontage of 275 feet and depth of 922 feet, located on the northern side of Golden Grove Road approximately 1800 feet east of the Churchland Road intersection, and identified as L.R.I.S. Number 469551, from Rural to Light Industrial classification, be read a second time. . Read a second time the by-law entitled, "A Law to Amend the Municipal Plan By-Law of The City of Saint John and Amendments Thereto". Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it COncerns re-zoning a parcel of land containing approximately 9 acres, with frontage of 275 feet and depth of 922 feet, located on the northern side of Golden Grove 'Road approximately 1800 feet east of the Churchland Road intersection, and identified as L.R.I.S. Number 469551, from "RF" Rural and "RFM" Rural Mobile Home to "I-I" Light Industrial classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a first time. I Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Zoning By-Law of The . City of Saint John insofar as it concerns re-zoning a parcel of land containing approximately 9 acres, with frontage of 275 feet and depth of 922 feet, located on the northern side of Golden Grove Road approximately 1800 feet east of the Churchland Road intersection, and identified as L.R.I.S. Number 469551, from "RF" Rural and "RFM" Rural Mobile Home to "I-I" Light Industrial classification, subject to a resolution pursuant to Section 39 o~ the Community Planning Act~ as recommended by the Planning Advisory Committee, be read a second t. lme. ~ ,... o4j ~ 3l Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above proposed amendments be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with regard to re-zoning a 3-acre parcel of land located on the northern side of Sand Cove Road, approximately 500 feet east of the entrance to the Dr. W. F. Roberts Hospital School, and having a frontage of approximately 500 feet and depth of approximately 300 feet, being a portion of the former Provincial Hospital Annex property and more recently occupied by the Church of the Nazarene, and identified as L.R.I.S. Number 285965, from "RF" Rural to "RM-l" Three-storey Multiple Residential classification, to permit development of this parcel of land for 35 townhouse dwelling units, as requested by Broner Enterprises Ltd., and no written objections have been received in this regard. I Consideration was given to a letter from the Planning Advisory Committee, recommending that the subject property be re-zoned from "RF" Rural to "RM-l" Three-storey Multiple Residential, subject to a resolution of Council pursuant to Section 39 of the Community Planning Act, requiring the developer to (a) construct the project generally in accordance with the plans which have been submitted; (b) provide, for the approval of the Deputy Commissioner of Community Planning, additional details pertaining to building materials, landscaping, and fencing; (c) construct:'a"c50 foot wide: road which: will vest with the City as a public street, in accordance with the requirements of the City; (d) convey to the City and/or utility companies all necessary easements, and (e) agree that the sale of any of the units will not proceed until the Land for Public Purposes requirement has been satisfied; and further recommending that third reading of the re-zoning be deferred until the development agreement is executed and that the sum of $3,600 be accepted in lieu of land for public purposes. . Mr. John Gardner, a principal of Broner Enterprises Ltd., spoke in favour of the re-zoning and advised the the proposed development will provide much needed housing in the area of West Saint John. On motion of Councillor Flewwelling Seconded by Councillor Murray I RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concerns re-zoning a 3-acre parcel of land located on the northern side of Sand Cove Road, approximately 500 feet east of the entrance to the Dr. W. F. Roberts Hospital School, and having a frontage of approximately 500 feet and depth of approximately 300 feet, being a portion of the former Provincial Hospital Annex and more recently occupied by the Church of the Nazarene, and identified as L.R.I.S. Number 285965, from "RF" Rural to "RM-l" Three-storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn . RESOLVED that the by-law to amend the Zoning By-Law of The City of Saint John insofar as it concerns re-zoning a 3-acre parcel of land located on the northern side of Sand Cove Road, approximately 500 feet east of the entrance to the Dr. W. F. Roberts Hospital School, and having a frontage of approximately 500 feet and depth of approximately 300 feet, being a portion of the former Provincial Hospital Annex and more recently occupied by the Church of the Nazarene, and identified as L.R.I.S, Number 285965, from "RF" Rural to "RM-l" Three-storey Multiple Residential classification, subject to a resolution pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb ESOLVED that the letter from the Planning Advisory Committee regarding the above proposed amendment be received and filed; AND FURTHER that as recommended by the Planning Advisory Committee, third reading of the re-zoning be deferred until the development agreement is executed, and that the sum of $3,600 be accepted in lieu of land for public purposes. Question being taken, the motion was carried. I Public presentation was made of a proposed amendment to the Municipal Development Plan, to amend Schedule 2-A of the Plan, by redesignating a 2-acre parcel of land with a frontage of approximately 180 feet on the east side of the Westfield Road which it meets the Martinon By-Pass, also identified as L.R.I.S. Number 304121, to allow re-zoning of the parcel to "B-2" General Business so that it may be used for offices, and other business uses, as requested by William Kirk. . Notice had been sent to Cecil H. Mason, Owner, to appear at this meeting to show cause, if any, why the building located at 97 Victoria Street (L.R.I.S. Number 376178) in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that the new owner, Mr. Laurie Arsenault, was not found in the title search and stated that in his judgement the property is dilapidated, however, he referred to a letter from Mr. Arsenault dated August 3, 1984 advising that to date the interior of the building has been gutted, the wooden sheds have been removed and the debris cleaned up at a cost of $4,250.00 and that he further intends additional repairs and renovations costing $35,000 to $40,000. Mr. Arsenault was present in the Council Chamber and assured Council that he will demonstrate his sincerity by keeping the building secure from public entry and make meaningful progress on the rehabilitation. He advised that he has about half of the req~ired material to start the necessary work. IrIo.. 4U\~ " On motion of Councillor Vaughan Seconded by Councillor Knibb RESOLVED that as recommended by the Building Inspector, the above matter be laid on the table for two months, with the Building Inspector to report to Council on a bi-weekly basis as to the progress of this matter. Councillor Schermerhorn suggested that consideration be given to a one month extension, with weekly reports from the Building Inspect0r. Question being taken, the motion was carried with Councillor Schermerhorn voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Her Worship the Mayor submitting a copy of a letter from the United Way of Greater Saint John Inc. advising that they have been successful in their bid to host the 1985 United Way of Canada Leadership Conference and inquiring as to the city's interest in sposoring an event be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne advising that the Minister ~f Supply and Services, E. G. Allen has advised that his Department is in the process of assembling a cOmmlttee of public servants and public citizens to review and recommend the future use of the Dr. William F. Roberts Hospital School and requesting that the City of Saint John provide a member to sit on this Committee; and recommending that Dr. J. A. MacDougall be appointed as the City of Saint John's representative on the said committee -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from Councillor Knibb regarding the proposal submitted to Council in Committee of the Whole from the Saint John Bicentennial Inc. for the restoration of the Carnegie building on Hazen Avenue (formerly used as the Saint John Free Public Library), as a Bicentennial Exhibition Hall, so that it may be available to the public for a number of civic users. The letter notes that the existing tourist bureau and Loyalist Days office could be relocated from Sydney Street; the City's art gallery could be removed from the new Library; exhibition rooms would become available for scientific and technical displays appropriate to a major industry city; a home could be provided for the materials being worked on in our Bicentennial years and for the proposed Saint John Sports Hall of Fame; and hopefully, most of the City's historic records would have a more secure repository for public viewing. Councillor Knibb noted that the Saint John Bicentennial Inc. has been able to obtain an offer of private funding from a major Foundation in the amount of $850,000 for the capital expenditure on the building. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Common Council endorse the proposal of the Saint John Bicentennial Inc. for the renovation of the Carnegie building as a Bicentennial Exhibition Hall, provided that the renovations can be carried out within the amount of the private funding of $850,000.00, and provided that the operating costs to the City for a period of five years from 1985 to 1989 shall not exceed $200,000.00 annually. Mr. W. H. R. Smith, chairman of the Saint John Bicentennial Inc., and Mr. A. David Case, were present in the Council Chamber in support of the proposal for the Carnegie building. Mr. Case stated that the proposed Exhibition Hall would provide space for the City's art gallery, safe storage and public access for the City archives, display areas for scientific and industrial exhibits and facilities for travelling exhibits of national importance as an extension of existing museum facilities with special reference to the Saint John area, and in addition, would serve as a place for meetings, lectures and displays of various cultural groups. Mr. Case stated it is proposed to have the work undertaken by way of a construction management approach with bids being received on the major elements, namely, the exterior, electrical, mechanical and structural renovations. Mr. Case expressed assurance that the capital funding which has been offered by a major Foundation, in the amount of $850,000, will be adequate for the restoration and renovation of the building, based on consultants' estimates, and that work will not commence until contract prices are known to be within the amount of available funding. Councillor Murray noted that in Committee of the Whole at the last meeting, Council had asked the Commissioner of Finance for a further financial report, which has not yet been received, and in view of that and as he does not feel Council should commit the City to over one million dollars in operating expenses for this facility over the next five years, he will be voting against the proposed motion. During discussion of the estimated operating costs for the facility, Mr. Wilson stated that the estimated expenditures for the five-year period, which he presented to Council in Committee of the Whole at the last meeting, excluding the archives, but including some present City operations such as the tourist bureau and Loyalist Days office, included an offset of $30,000 by combining the present City staff in the operation, however, in reviewing this matter he has reservations as to whether this would be possible, and therefore, he estimates the annual operating cost for the facility at approximately $190,000 annually. Question being taken, the motion was carried with Councillor Murray voting "nay". (Councillor Murray withdrew from the meeting. ) The Mayor advised that Councillor Vaughan has resigned from the Aquatic Centre Committee and that Deputy Mayor Davis has agreed to be a member of the Commission. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above matter be added to the agenda for consideration at this time. . I I . I . I I . ~ "'" 4.l~5 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the resignation of Councillor Marlene Vaughan from the Aquatic Cen~re Commission be accepted with regret: AND FURTHER that Deputy Mayor Samuel Davis be appointed to the said committee replacing Councillor Vaughan. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that Council, at its meeting of July 23rd, requested a report as to what equipment was in the Lowell Street Playground when it first opened, what equipment is there now, and an explanation of the changes and advising that in 1977 Lancaster Lions Club supplied and installed three small play units and in 1978 the City fenced the entire park and installed a large multipupose paved area and also placed some play units in another area of the park and within a year two of the three units purchased by the Club were vandalized and removed and not replaced because of the concern for safety as one of these units was a merry-go-round and this type unit has resulted in a number of smaller children being injured; and advising that at the present time there is a four seat swing set at the Lions Club site which has been upgraded to a heavier standard; there are also two sets of swings, a climber and teeter set placed by the City at another location and that the larger swing seats were removed at the request of the neighbours who indicated that they were attracting older teens at night which was causing a disturbance -- -- be received and filed. 6 Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager advising that Council on May 4, 1981 adopted Provincial rates for reimbursing City employees for the use of private cars on City business, effective May I, 1981 as outlined and since then the Province has increased its reimbursement on two occasions and that no corresponding adjustments have yet been made in the City rates, and recommending that effective August 1, 1984 the current Provincial rates 'for reimbursing employees for the use of private cars on City business be adopted namely: first 7,000 kilometers -$.22 per kID; 7,001 kID to 14,000 kID - $.205 per kID and over 14,000 kID - $.18 per kID and further, that authority be granted to continue to adjust City rates to Provincial rates as they are changed in the future -- be received and filed and the recommendation adopted. The City Manager was requested to provide at the next meeting of Council a list of employees who use private cars for city business. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the quotation of Pierreville Fire Trucks Ltd. in the amount of $125,000.00 for one triple combination 1050 GPM Combination Pumper, be accepted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Building Inspector, authority be granted for acceptance of a performance bond in the amount of $1,500.00 for the guarantee of rehabilitation of the gravel pit on City Line, which is owned by McNulty Cartage. Question being taken, the motion was carried. I Read a letter from the City Manager advising that the Province is ready to go to tender for the construction of the portion of McAllister Drive Extension from Loch Lomond Road to Champlain Drive across Little River which will replace the present wooden bridge on Champlain Drive and although the Province is responsible for the cost of the river crossing and approaches, the City is responsible for acquiring all lands required and for certain other costs not associated with the river crossing, which costs have been included in the City's 1984 Capital Budget and advising that negotiations had been completed with Slattery Management & Realty, owner of the parcel of land, but the owner could not give a clear title, so that expropria- tion now appears to be the only way to proceed in order for the construction to get under way. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the City Solicitor or his designate be authorized to initiate and proceed with the expropriation of the fee simple absolute interest, subject to the lien held by Her Majesty the Queen in Right of the Province of New Brunswick under the provisions of the Real Property Tax Act in the lands identified as Lot 81-1 on a plan entitled "Subdivision Plan Slattery Management & Realty (1978) Ltd. Subdivision" dated January 23, 1981 and prepared by Murdoch-Lingley Limited for the purpose of site preparation and construction of a bridge and the approaches thereto comprising a portion of the McAllister Drive Extension Public Roadway so-called: AND FURTHER BE IT RESOLVED 'that the City of Saint John seek the Order of the Lieutenant Governor- in-Council that the expropriation of the said Lot 81-1 proceed without a hearing pursuant to the provisions of Section 10(2) of the Expropriation Act, Chapter E-14, R.S.N.B. 1973 and amendments thereto: . AND FURTHER that the Mayor and Common Clerk be authorized to execute all documentation required in the expropriation proceedings and in obtaining the Order of the Lieutenant Governor-in-Council. Question being taken, the motion was carried. .... MH~ ""IIIl Read a letter from the City Manager advising that Council, at its meeting of May 14, 1984, referred the petition from the residents of Millidgeville Estates, Somerset Park and Tartan Street concerning problems with ongoing blasting from the quarry on Somerset Street which requested consideration for a city by-law to limit blasting charges to him for an investigation and advises that a discussion has been held with the contractor, Spectum Enterprises Ltd., who advise that blasting for the Potash Terminal will only last until the end of the year and that their operating procedures involve blasting at noon and between 4:30 and 5:00 p.m. to minimize disruption to the community, however, blasting did occur after 5:00 p.m. on five occasions; and further advising that the Building Inspector has discus~ed this matter with Mr. Whitford of Jacques Whitford & Assoc. Ltd. , which firm had helped draft a by-law for the City of Halifax and which is not apparently enforced by that City but is used as a standard for litigation; and further advising that discussion has taken place with Mr. Reg, Fredericks, Department of Labour, who enforces the regulations under the Occupational Health and Safety Act and that the Province controls the licensing of Powdermen and such safety aspects as fly rock control, but regulations do not cover control of the size of the blast or ground vibrations and it is commonly accepted that a vibration level of 2 IPS (inches per second) Particle Velocity is the spoint of separation below which structural damage is unlikely and that monitoring conducted at the Somerset Street site has shown maximum Particle Velocities of 1.02 IPS at a distance of 1,000 ft and therefore based upon this blasting monitoring, indications are that blasting activities at the Somerset Street Quarry would meet the generally accepted criteria for blasting vibration within the limits of a municipality; and that blasting is a Provincial matter and there is no authority for the City to enact a Blasting By-Law. . I On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the above report concerning blasting on Somerset Street be received and filed and a copy forwarded to the petitioning residents, and the appropriate Provincial authorities be requested to continue monitoring the blasting at the Somerset Street quarry. Question being taken, the motion was carried. It was noted that the City Manager had withdrawn the item regarding Local 771 firefighter's convention from the agenda. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the item regarding payment of invoices be added to the agenda and considered at this time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. -supply of asphalt July 26 & 27, 1984 -supply of asphalt July 30, 31 & August I, 1984 $1l,010.69 $33,055.29 I Questing being taken, the motion was carried with Councillor A. Vincent voting "nay". 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 begs leave to report that it sat on Monday, July 30, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- . 1. That as recommended by the City Manager, Mr. John Nugent, while discharging the duties and responsiblities of the City Solicitor who is presently on eight weeks vacation, receive his regular salary for four of the weeks in question and that for the other four weeks he be paid at the rate of compensation paid to the City Solicitor. 2. That as recommended by the City Manager, approval be granted for a change order to the contract with Opron Maritimes Construction Ltd. for the Church Avenue grade ~eparation, at an estimated I cost of $40,000.00, so that a retaining wall can be installed in back of the sidewalk in front of St. Rose's Church on Milford Road, such retaining wall being required so that property owned by St. Rose's Church, which was disturbed when blasting was being carried out, can be restored. 3. That with regard to the offer of Mr. H. D. Loughery to sell property at 233 Crown Street, Council adopt the recommendation of the City Manager that Mr. Loughery be advised that the City is not interested in purchasing the property at this time. 4. That with regard to the request from Mr. Daniel Dow to purchase property on Greenhead Road, Council adopt the recommendation of the City Manager that Mr. Dow be advised that the lot is not available for sale at the present time and further that the total parcel be reviewed within two months to determine the possibility of development. I 5. That with regard to the offer of Mr. Robert D. Stanton, solicitor for Alan V. and Rita C. Kelly, to sell to the City property at 247 Main Street in lieu of outstanding demolition costs, Council adopt the recommendation of the City Manager that, as ,the market value of the subject property is only $2,000.00 and the City would need to sell same for $9,500.00 to recover all costs, it would not be prudent to accept the offer of Mr. Stanton and that the said offer be refused and the Legal Department continue with the court proceedings to recover the 'said demolition costs. Tuesday, August 7, 1984 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. . ~ "" 'tfl117 On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn S~conded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to a subdivision plan with respect to the widenings of Lawrence Long Road and Acamac Beach Road and accept the sum of $1,578.00 in lieu of lands for public purposes, subject to the execution of an appropriate subdivision agreement between the City and Developer. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the Historic Sites and Events Committee regarding the commemoration of the 138th anniversary of the death of Major John Ward -- be received and filed. Question being taken, the motion was carried. The City Manager distributed a detailed report of disbursements submitted by Woods Gordon which had been referred to earlier in the meeting and he was requested to supply additional information at the next meeting of Council. On motion of Councillor Knibb Seconded by Councillor Schermerhorn . RESOLVED that the meeting be adjourned. Question being taken, the motion was carried. ~<7nl W 0/,~4' Common Clerk I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of August, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Poley, Schermerhorn, A. Vincent and M. Vincent I - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commiss,ioner of Housing & Renewal Services and Property Management; J. Dunham, Deputy Police Chief; J. Breen, Deputy Fire Chief; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; and J. Griffin, Traffic Engineer. . The meeting opened with the reciting of The Lord's Prayer. li... 4L41 B " On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, . held on August 7, 1984, be adopted. Question being taken, the motion was carried. Her Worship the Mayor commented on her tour, with members of the Saint John Board of Trade and representatives of various employers in the City, of the destroyer, HMCS Annapolis, which acquainted those concerned with the training program offered by Canada's Navy. (Councillor A. Vincent entered the meeting.) I Her Worship the Mayor advised of her attendance at a reception at the Barrack Green Armoury on August 12, 198)~, in honour of Mr. Frederick Goodine who is the oldest living member of the R.C.R. Associate in Canada. The Mayor alluded to an item published in a recent edition of the local newspaper with regard to an item which was discussed at Council's meeting of July 30, 1984 concerning facility and activity costs which are totally supported financially by the City of Saint John yet the surrounding communities share in the benefit of same, and expressed the opinion that there appears to be a mis- understanding between what was printed in this article and a submission made to Council on that date I by Deputy Mayor Davis. Deputy Mayor Davis referred to a prepared statement (copies of which were distributed to Council members earlier this date) and read therefrom in an attempt to correct a false , impression that resulted from the said newspaper item and explained that his proposal would eliminate the present real estate tax on homes because, in his opinion, it is extremely unfair and in some cases is triple taxation. Deputy Mayor Davis concluded his explanation of this proposal by suggesting that this would be a more fair system than that in effect at the present time, would be easier to admin- ister and result in better services to all citizens of the Province being provided by all of the municipalities. Her Worship the Mayor noted that The Rocca Group Market Square Development Limited unveiled . a new sculpture at the Dock Street entrance to Market Square on August 10, 1984, such sculpture being a timepiece in the form of a clocktower which has no face and no hands, but has instead a serpent which, with four figures above it, rotates once every six hours and its tail points to the numerals. The Mayor noted that the carvings, which were designed and sculptured by Mr. John Hooper of Hampton, N.B., are related in some way to man's involvement with time and she provided a brief verbal explan- ation of what these carvings symbolize and she commended the said company for its unique contribution to the City. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne advising that, although it has been the responsibility of the Mayor's Office to grant permission for various groups to hold tag days within the City of Saint John, with such groups to submit applications, which are received on I a first-come-first-serve basis, along with a report on funds collected through tag days in the previous year, she is of the understanding that some groups are holding tag days within the City without making application for same thus creating the problem of more than one group holding tag days on the same dates, and recommending that this matter be referred to the City Manager and appropriate staff for a report within 30 days to determine what controls, if any, are necessary to ensure that problems of this nature do not occur -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb , . RESOLVED that as for payment of the following invoices, namely:- Steele's Trucking Ltd. - supply of gravel Stephen Paving (1982) Ltd. - supply of asphalt recommended by the City Manager, authority be granted July 3-31, 1984 August 2-8, 1984 $10,326.66 $36,919.49 . A brief discussion ensued regarding the status of the asphalting project which is being carried out on Duke Street West as part of the 1984 Capital Program. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn I RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Shamrock Park Reconstruction Que-Mar Construction (Maritimes) Limited Supply and install approximately 1000' of 10", 12", 15" and 30" sewer pipe, 1400' of 4" drain tile, electrical-associated work and all necessary appurtenances Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 9, 1984 Final release of holdback $142,509.00 137,867.98 Nil 117,187.78 $ 20,680.20 I Mr. Armstrong, replying to an observation of Councillor Schermerhorn, briefly explained the notation on the submitted summary of changes to the above contract with respect to an extra work order which is outstanding on same. . Question being taken, the motion was carried. ~ ,.. ~'~.,g On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, contract 84-8, Old Black River Road chipsealing, be awarded to Atlantic Colas Limited, at the tendered price of $28,268.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. A brief discussion ensued during which time Mr. Armstrong, replying to a query of Councillor Knibb, confirmed that the above company has been the only tenderer for a number of years, although until recently it operated under a different name, to tender on the subject contract as the work concerned is of a specialized nature. Councillor M. Vincent asked the anticipated duration of the above project to which Mr. Armstrong replied that it should be completed by the end of September. I Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding a proposed Traffic By-Law amendment in order for the Police Department to commence ticketing of vehicles of non-disabled persons who park in spaces designated for disabled persons, which was discussed at Council's meeting of July 9, 1984; noting that the Provincial Department of Transportation implemented on June 1, 1984 a procedure for the issuance of permits and the display of placards displaying the international disabled symbol, and submitting a proposed amendment to the Traffic By-Law which, if adopted, will enable use of wheelchair-designated parking spaces to be enforced -- be received and filed: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Verhicle Act, 1973, And Amendments Thereto". Question being taken, the motion was carried. I Consideration was given to a letter from the City Manager regarding the tender for demolition of the building at 184 Britain Street, advising that W.A.C. Excavators Limited was the only tenderer on this project and tendered three prices, one each for the removal of the building at 184 Britain Street, the removal of sheds at 182 Britain Street and the removal of the garage at 182 Britain Street, respectively. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of W.A.C. Excavators Limited, in the amount of $5,200.00, be accepted for the demolition of the building located at 184 Britain Street. Question being taken, the motion was carried. . Mr. Johnson, replying to a query of Councillor A. Vincent, advised that there are two dilapidated buildings on the property adjacent to 184 Britain Street and that, after negotiating with the owner of the subject buildings to determine if they could be demolished or removed simultaneously with that at 184 Britain Street, the tendered prices received are considered too high to accept at this time and he added that, if it is necessary for the contractor concerned to remove these buildings as part of the above project, he will have to negotiate with the owner thereof. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager Tegardinga proposed by-law to regulate smoking which was presented to Council on April 2, 1984 by the Saint John Environment Committee and considered further at Council's meeting of June 18, 1984, advising that, although no authority has been found which would permit a municipality in New Brunswick to pass an anti-smoking by-law, smoking is currently regulated under legislation as a fire and not a health hazard in theatres and within three metres of gas pumps and in places of public assembly where there is a danger of fire and, as well, there is a City By-Law, entitled "A Law To Prohibit Spitting Or Expectorating On The Walks And Sidewalks Or Upon The Floors Of Other Public Places And To Prohibit Smoking In Public Conveyances In The City Of Saint John", which was enacted in 1943 and amended in 1946; also advising the intent to forward to the Environment Committee a copy of the new Ontario Health Protection and Promotion Act, which was apparently proclaimed on July 1, 1984 and under which the first complaint has recently been filed by a non-smoker; expressing concern that the time required by the Police or By-Law Enforcement Officers to enforce smoking manners would be to the detriment of the prevention of more serious crimes or by-law infractions; expressing the opinion that good manners and consideration for others should not need legislation nor can such matters be effectively enforced by legislation, and recommending that no further action be taken on the anti-smoking by-law -- be received and filed and the recommendation adopted. I Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Poley and A. Vincent voting "nay". . Councillor Poley suggested that, if other areas are able to enforce anti-smoking by-laws, this matter should be further reviewed by the City. ..... 450 ., On motion of Councillor Poley Seconded by Councillor Davis RESOLVED that the City Manager and appropriate staff be re~uested . to approach the appropriate Provincial authorities with respect to enacting legislation for a by-law of this nature and also to approach the areas mentioned in the Environment Committee's said presentation as having such a by-law in place and report to Council. Question being taken, the motion was carried with Councillors Knibb, Schermerhorn and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend the Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify two lots at 86-88 and 100- I02 Waterloo Street (L.R.I.S. Numbers 13789 and 13763), located on the southeastern side of Waterloo Street, from High Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Councillor A. Vincent questioned the reason for including the property on which the subject funeral service is located in the By-Law amendment concerned as this business has been in operation at that location for some time to which Mr. Zides replied that the enactment of the proposed By-Law amendments will permit the continued use of the property for this purpose as it is now a non-conforming use. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-14 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning two lots at 86-88 and 100-102 Waterloo Street (L.R.I.S. Numbers 13789 and 13763), located on the southeastern side of Waterloo Street, from "RM-l" 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. The by-law entitled, "By-Law Number C.P. 100-14 A Law To Amend The Zoning By-Law Of The Ci ty Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Aniend The , Municipal Plan By-Law Of The City of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify an irregularly shaped parcel of land containing 46,692 sq.m. (approximately II!, acres), located on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd. and being a portion of L.R.I.S. Number 49809, from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. I I . I Discussion ensued regarding the duration of the contract of Spectrum Enterprises Ltd. to . complete its work in the above area, as well as the conditions of the proposed agreement to be entered into by this company with the City with respect to the re-zoning of the subject property under Section 39 of the Community Planning Act. Councillor A. Vincent suggested that, in view of Council's denial of such By-Law amendments to accommodate other companies who wished to carryon activities related to the operation of a quarry, this matter should be tabled pending receipt of an opinion in Legal Session concerning Council's legal position in this matter. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Knibb, Poley and Schermerhorn voting "nay". Councillor Flewwelling spoke in opposition to the proposed amendments as persons wishing to construct homes in this residential area will be hindered by the blasting operation which will result should Council approve such amendments. Councillor M. Vincent asked why, in view of the short period of time remaining in which Spectrum Enterprises Ltd. will complete its contract, Council is 'considering the proposed By-Law amendments at this time to which Mr. Zides replied that this company may obtain another'contract and that, in order to lawfully store and park its construction materials, equipment and vehicles on the subject property, the proposed re-zoning is necessary, however, the company can continue its quarrying activities as a non-conforming use of same. Councillor M. Vincent expressed concern that the residents in the subject area may be of the opinion that the blasting in the area will continue for only a few more months to which Mr. Johnson replied that there is very little material remaining to be excavated from the property to make the subject site level. The Mayor asked, if in order to develop this property, it must be levelled to which Mr. Johnson replied in the affirmative and he added that there appears to be adequate material for one more excavation project. Question being taken, the motion was carried with Councillors Flewwelling, A. Vincent and M. Vincent voting "nay". I I . ~ ,... 41~21 (; On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-15 A Law To Amend The Zoning By-Law Of The City of Saint John", insofar as it concerns re-zoning an irregularly shaped parcel of land containing 46,692 sq.m. (approximately ll~ acres), located~on the northern side of Somerset Street to the rear of properties owned by Brunswick Ready Mix Concrete Ltd. and Snowflake Lime Ltd. and being a portion of L.R.I.S. Number 49809, from "RS-2" One- and Two-Family Suburban Residential to "I-I" Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that the said re-zoning be subject to an agreement between the applicant and the City of Saint John pursuant to Section 39 of the Community Planning Act, such agreement to (a) restrict the activities to quarrying and the storage and parking of construction materials, eQuipment and vehicles, (b) ensure that future service requirements with regard to elevation for sewer purposes are kept in mind when establishing elevations in the working area, (c) restrict the weight of loaded trucks to avoid damage to streets in the area, (d) erect a heavy-duty fence around the area of excavation, (e) ensure that blasting is carried out between 9:00,o'clock a.m. and 5:00 o'clock p.m. and drilling is carried out between 7:00 o'clock a.m. and 9:00 o'clock p.m., Monday through Saturday and that the intensity of blasting is minimized to eliminate complaints from residents of the area, (f) apply for and comply with all approvals received from Environment N.B. and other Federal and Provincial departments and agencies, and (g) agree that the operation of the quarrying will be subject to the appropriate requirements of Section 880 of the Zoning By-Law. I The by-law entitled, "By-Law Number C.P. 100-15 A Law to Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. "nay". Question being taken, the motion was carried with Councillors Flewwelling and M. Vincent voting On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land containing approximately 9 acres, with frontage of 275 feet and depth of 922 feet, located on the northern side of Golden Grove Road, approximatel~1 1800 feet east of the Churchland Road intersection (L.R.I.S. Number 469551), from Rural to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. I The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee advising that its letter to Common Council, dated July 26, 1984, which was considered at Council's last meeting should also have recommended that the the Municipal Development Plan be amended so that the above property is redesignated from Rural to Light Industrial classification, be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb ) Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-16 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing appr~imately 9 acres, with frontage of 275 feet and depth of 922 feet, located on the northern side of Golden~ove Road, approximately 1800 feet east of the Churchland Road intersection (L.R.I.S. Number 469551), from "RF" Rural and "RFM" Rural Mobile Home to "I-I" Light Industrial 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 on the condition that the use of the property be restricted to an approximately 45 foot by 100 foot one-storey building for the manufacture and storage of wooden pallets and that the existing trees adjacent to Golden Grove Road be retained. I The by-law entitled, "By-Law Number C.P. 100-16 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. I Read a letter from the Saint John Port Development Commission regarding the tradition that one member of the said Commission be either a stevedore or an agent and suggesting that, in order to enhance the credibility of this Commission, Council should establish the policy of always having both an agent and a stevedore as members of same and recommending that a policy be established that the membership of the Saint John Port Development Commission should include a person employed in a senior position in a steamship company and a person employed in a senior position in a stevedoring contracting firm and that Mr. Frank Doiron, Saint John Manager of Steveco Marine, a stevedoring contractor, be reappointed to the said Commiss,ion to serve until the annual meeting in February 1986 or until his successor is appointed. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Saint John Port Development Commission, a policy be established that the membership of the said Commission include a person employed in a senior position in a steamship company and a person employed in a senior position in a stevedoring contracting firm, and that the reappointment of Mr. Frank Doiron to this Commission be referred to the Nominating Committee for consideration. . Question being taken, the motion was carried. .... 452 j ~ On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from Carleton Kirk Complex Inc. advising that it has been informed by the Insurers Advisory Organization that the municipal water supply to the $2,400,000.00 nursing home now under construction at 2 Carleton Place is not satisfactory for adequate fire protection and requesting Council's co-operation and assistance in arriving at a solution to this problem -- be referred to the City Manager and appropriate staff for a report to CO,uncil. During ensuing discussion, Mr. McDermott advised that meetings have been held with represen~ ., tatives of Carleton Kirk Complex Inc. and that a report on this matter should be submitted to Council within two weeks and he confirmed that, in accordance with Councillor M. Vincent's request that members of the Fire Department be involved in discussions pertaining to the above matter, all appropriate staff members will be involved in same. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . I Seconded by Councillor Flewwelling RESOLVED that the letter from Duschenes & Fish, Architects, advising that plans and specifications for a new building at 21-23 Coburg Street, such property I having been purchased from the City by Dr. Vincent T. W. Shannon, have been prepared and tenders for the construction of same will be called before the end of August with construction expected to commence in early September, and requesting that Council grant Dr. Shannon a time extension sufficient for his undertaking to start construction beyond the previously-agreed date -- be received and filed and a further extension of one month be granted with respect to the City's option to repurchase the subject property. Question being taken, the motion was carried. Read a letter from The Globe and Mail reQuesting permission to place an additional'fifty newspaper street corner boxes on the streets and public areas in the City of Saint John. A motion was proposed by Councillor M. Vincent and seconded by Councillor Knibb that the above request be granted, however, upon being advised by Mr. McDermott that at the present time there are no controls over the location of such boxes, the Mayor requested that this matter be referred to staff as, in her opinion, the City should have some control over the placement of same. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from The Globe and Mail requesting to place an additional fifty newspaper street corner boxes on the streets and public areas in the City of Saint John to sell the National Edition of its newspaper -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Lower Cove Housing Co-Operative Ltd. requesting that, in order to provide parking space for six to eight cars on the corner of St. James and Prince William Streets, the signs in this area which prohibit parking between 12:00 o'clock midnight and 7:00 o'clock a.m. be removed and placed beyond the area concerned where the parking meters begin -- be referred to the City Manager and staff for favourable consideration and a recom- mendation to Council. Question being taken, the motion was carried. The Mayor referred to the forthcoming closing of the City parks and beaches, which she understands will be on August 20, 1984, and suggested that, in view of the warm weather currently being experienced in the City and although the City may not be able to provide lifeguard services after that date, consideration should be given to leaving the picnic tables and other equipment in the parks so that those persons interested may be able to utilize such facilities. Mr. McDermott, at the Mayor's request, advised that he would submit a report on this matter to Council at its next meeting. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. ~#~~ At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of August, A.D. 1984, at 7:,00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . I . I I . ~ JI""'" ~~~ ':.' Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; J. Dunham, Deputy Police Chief; R. McDevitt, Deputy Fire Chief; C. E. Nicolle, Director or Recreation and Parks; B. Steeves, Deputy Building Inspector; and Miss M. Conley, Administrative Assistant to the Mayor. . The meeting opened with the reciting of The Lord's Prayer. I The Mayor requested the Common Clerk to contact the Saint John Ministerial Association in view of this being the second consecutive Council meeting at which a member of the clergy has not been in attendance. On motion of Councillor Schermerhorn August 13, 1984, be adopted. Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on I Question being taken, the motion was carried. The Mayor noted the presence in the Council Chamber of Mr. J. Boyce of the New Brunswick Division of the Canadian Red Cross Society and at her request, Mr. Boyce addressed Council and explained that the reason for his being accompanied to this meeting by a person attired in a turtle costume concerns the turtle races which will occur at McAllister Place Shopping Centre on August 25, 1984, the proceeds from which will be donated to youth through the Canadian Red Cross. . The following events which occurred during the past week in the City were noted, namely:- (1) an interview of Her Worship the Mayor by Mr. Peter Mehegan of a News and Public Affairs Host Show, WCVB-TV Boston with the show to be aired in Boston in October; (2) a banquet on August 17, at which Councillor Poley was in attendance, of the Classic Car Club of America; (3) the recent Acadian Days celebrations in the City; (4) the Great Bicentennial Challenge Race at Renforth on August 18 at which the Saint John crew triumphed by 10.5 seconds over the Newcastle-upon-Tyne crew in the six-mile race; (5) the opening of Fun Days at Centracare on August 14 at which Councillor Knibb was in attendance; (6) Irving Oil's Country Days at which country western singers Lynn Anderson and Hank Snow performed; and (7) the designation of the Chipman Hill properties at 5-7 and 9-13 Prince William Street as National Historic Sites. (Councillor Poley withdrew from the meeting.) I The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land located at 46 Station Street (L.R.I.S. Number 40014), having a width of approximately 108 feet and an area of 6,411 sq.ft. located on the south side of Station Street from High Density Residential to Heavy Industrial classification, and (b) to re-zone the same parcel of land from "B-2" Ge~eral Business to "I-2" Heavy Industrial classification, to permit the continued operation of a new and used goods business and also the issuance of a salvage dealer's license, as requested by John Beal & Co. Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that a portion of the property at 46 Station Street to a depth not exceeding 60 feet be (I) redesignated on Schedule 2-A of the Municipal Development Plan from High Density Residential to Heavy Industrial classification and (2) re-zoned from "B-2" General Business to "I-2" Heavy Industrial classification subject to' a resolution pursuant to Section 39 of the Community Planning Act which would (a) restrict the use or the property to a dwelling unit for a caretaker or watchman and ,the operation of a business dealing in new and used goods including scrap metal, auto parts and bottles, on condition that the' operation of the business and the display and storage of goods shall be located entirely within the confines of the existing building and (b) require that parking be provided to the satisfaction of the Deputy Commissioner or Community Planning. . Mr. Brian Mosher, solicitor for John Beal & Co. Ltd., spoke in favour of the above-proposed amendments and noted that approval of same will allow the said company to carryon its present business and apply for a salvage dealer's license and that, to qualify ror the latter, the subject property must be re- zoned in order to continue certain aspects of the business. During ensuing discussion, Mr. Mosher conrirmed that his client is in agreement with the reduction in the area of land to be re-zoned from what was applied for and the conditions of the Section 39 re-zoning, and Mr. Winch explained that it is not the second-hand nature of the business operation which requires the proposed re-zoning but is the operation of a bottle exchange and storage of non-ferrous goods which require the industrial re-zoning. I On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law or The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a portion of the property at 46 Station Street (L.R.I.S. Number 040014) to a depth not exceeding 60 feet, from High Density Residential to Heavy Industrial classification be read a first time. I Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Davis RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a portion of the property at 46 Station Street (L.R.I.S. Number 040014) to a depth not exceeding 60 feet, rrom High Density Residential to Heavy Industrial classifica- tion, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". ll.... 4541 .., Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a portion of the property at 46 Station Street (L.R.I.S. Number 040014) to a depth not exceeding 60 feet, from "B-2" General Business to "I-2" Heavy Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a portion of the property at 46 Station Street (L.R.I.S. Number 040014) to a depth not exceeding 60 feet, from "B-2" General Business to "I-2" Heavy Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act, as recommended by the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. Councillor Vaughan commended the members of the Memramcook Coca-Cola Rookies who, in Moncton on August 19, proved they are the best junior women's softball team in Canada by winning the Labatt's junior women's softball championship, and Councillor Gould extended congratulations to members of the Saint John Loyalist girls soccer team who captured the New Brunswick Under 18 girls soccer championship on August 18 and who will represent the Province at the Atlantic Championship in Corner Brook, Newfoundland in September. (Councillor Poley re-entered the meeting during the foregoing discussion.) ',-- Public presentation was made of a proposed amendment to the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, by redesignating a parcel of land located at 13- 15 Main Street (L.R.I.S. Number 374694), containing approximately 4,800 sq.ft. and located on the north side of Main Street approximately 25 ft. from the corner of Bridge Street, from Mixed Use (Residential and CommerCial) to Institutional classification, to provide for the re-zoning of the ,parcel from "BR" Business Residential to "IL-I" Neighbourhood Institutional classification to permit the use of the existing building for a church and residence, as requested by Shekhinah Temple Inc. Mr. Winch, replying to a query of Councillor M. Vincent, advised that he is unaware of whether or not the building on the above property is being used as a church at the present time. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Pavin~ (1982) Ltd. - supply of asphalt August 9-15, 1984 $27,628.56 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of D & M Crane Rentals Ltd., in the amount of $9,401.50, with regard to crane rental during repairs to the sluice gates at the Courtenay Bay Causeway. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the bid of Moore Business Forms, at a cost of $80.60 per 1,000 plus taxes, be accepted for supplying 100,000 water and sewerage bills. Councillor A. Vincent asked why a public project and if the two bids received were obtained he is unable to answer such queries at this time. that such information can be obtained. tender was not called for the above by telephone to which Mr. McDermott The Mayor asked if a tabling motion printing replied that is in order so On motion of Councillor A. Vincent Seconded by Councillor Murray RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with the Mayor and Councillors Gould, Schermerhorn, Vaughan and M. Vincent voting "nay". . I I . I . I I . ~ ~ p ~55 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the progress report from the City Manager regarding a procedure adopted in principle by Council at its meeting of July 30, 1984 with respect to the approval of requisitions, advising that further meetings will be required with staff before a final recommendation can be made to Council in this regard and that a report should be before Council at its meeting of August 27, 1984 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb I . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding amend- ments to the Market Square Agreements which were recently approved by Council, one of which was for the sale of the condominium site air rights to The Rocca Group for $280,000.00 with the purchase price to be paid as follows:- (I) $140,000.00 at the time of the exercise of the option to purchase by Rocca and (2) the remaining $140,000.00 in three equal annual installments over the next three years; advising that the sale of the condominium site air rights was recently considered at a meeting of the Urban Renewal Partnership at which the City put forth the opinion that its position as a result of a sale should be no different than if the air rights were leased, which would mean that at the end of 66 years if the City should have to reacquire the air rights it should be at no cost to the City at that time; further advising that the Federal and Provincial Governments have agreed to this position subject to the approval of the management of Canada Mortgage and Housing Corporation and recommending that (1) the condominium site air rights at Market SQuare be sold to The Rocca Group for $280,000.00 with the terms of the sales to be as outlined above; (2) the $280,000.00 be shared as follows:- (a) Canada Mortgage and Housing Corporation - $117,500.00 representing 50% of $235,000.00, (b) New Brunswick Housing Corporation - $47,000.00 representing 20% of $235,000.00, (c) City - $70,500.00 representing 30% of $235,000.00, and (d) City - $45,000.00 representing an amount to be invested by the City for a maximum time period of 66 years, such funds to be used exclusively for the reacquisition of the condominium site air rights during that period; and (3) each of these recommendations be subject to the approval of the management of Canada Mortgage and Housing Corporation -- be received and filed and the recommendations be adopted. I Mr. Barfoot, replying to a query of Councillor Flewwelling, confirmed the involvement of The Market Square Corporation in the above matter. Question being taken, the motion was carried. Read a letter from the City Manager advising that in January 1984 the Bayside Lawn Bowling Club contacted the City through the City Manager's Office for assistance in reconstructing and enlarging the lawn bowling green at Seaside Park and that, although the 1984 Capital Budget for Recreation and Parks included provision for $8,000.00 under the Community Development Projects to cover the City's share of the total improvement cost of $24,389.00, Council's approval is ,required prior to any payment being made in this regard as ,the $25,000.00 budget for Community Development Projects did not specifically identify the proposed contribution for the work on the bowling green. I On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, authority be granted for the provision of $8,000.00 to the Bayside Lawn Bowling Club, under the City's $25,000.00 Community Development Projects Budget, with respect to the reconstruction and enlarging of the lawn bowling green at Seaside Park. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding Council's suggestion at its last meeting that picnic tables and other equipment be left in the City parks so that citizens might enjoy these facilities as long as possible, submitting a copy of a report prepared by Mr. J. Brownell, Assistant Director of Recreation, which points out that there are other factors than the weather, such as activities associated with the Atlantic National Exhibition and preparation for returning to school, which discourage large ,crowds at City beaches after the last full week in August, however, picnic tables are left out until later in September and, should abnormally hot weather prevail resulting in moderate use of the beaches, a limited number of lifeguards could be called back into service as a safety factor at a weekly cost to the City of approximately $2,000.00 -- be received and filed. Question being taken, the motion was carried. I Councillor Vaughan asked what, if any, supervision is provided by the City on the beaches in the area as it is her understanding that problems are being caused by groups of disorderly people who make it difficult for families to enjoy the facilities. Mr. Nicolle replied that there is no provision for security per se, however, there is life guarding services and maintenance staff on the City beaches and the Police Department attempts to control activities thereon. Councillor Vaughan suggested that consideration should be given to the provision of some type of supervision to discourage activities such as drinking and the driving of dune buggies, etc. on City beaches. . Miss Rachael Baxter addressed Council on behalf of the New Brunswick Chapter of the Criminology and Corrections Association, such Association being cpncerned with preventing crime, and expressed the opinion that, although at the present time the government enforces the law against drinking-driving by arresting the offenders after the fact, the government should be actively preventing the crime from happening in the first place. Referring to section #850 of the City's Zoning By-Law, Miss Baxter suggested that this has the effect of encouraging drinking-driving as it provides that all businesses, including taverns, clubs, hotel and motel lounges and restaurants or lounges must have parking spaces available for their clientele and expressed objection, not to drinking establishments having parking spaces available, but to the fact that drinking establishments must provide parking in accordance with the said By-Law as this mandatory requirement will have the effect of encouraging the two activities of drinking and driving. Miss Baxter also suggested that the City of Saint John should show that it denounces these two activities by removing the mandatory parking requirement as this, if it is well-publicized, may help change people's attitudes and practices about driving to licensed establishments and also, as this requirement conflicts with the responsi- bility of bar owners to see that intoxicated patrons make their way home safely, the removal of the subject requirement would require bar owners to be actively concerned about the state in which ~atrons leave their premises and how they get home. Miss Baxter requested that the City review section #850 of the Zoning By- Law and delete mention of parking spaces for taverns, clubs and lounges of any kind. I ~ 4156 "'IIIIl During ensuing discussion, Councillor Knibb suggested that to remove the requirement for mandatory parking at the above-mentioned establishments could possibly be of great economic advantage to same as it would mean that a reduced property area would be required on which to locate thereby making it easier for such businesses to operate, and he expressed opposition to amending the Zoning By-Law as requested by the above group. Mr. Michael Hornyak, a member of the said Association, explained the nature of the Criminology and Corrections Association. The Mayor thanked Miss Baxter for her presentation and advised that Council will render a decision on same later in the meeting. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", with regard to parking areas for disabled persons, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 'was read in its entirety. Traffic On Streets In The 1973, And Amendments Thereto", Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, August 13, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Poley, Schermerhorn, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That further to Common Council resolution of January 9, 1984 regarding funding for the New Brunswick Tattoo 200, authority be granted for the payment of the sum of $25,000.00 toward the operating deficit of Tattoo 200-1984. 2. respect October That the application of Saint John Foster Parents Association for grant assistance, with to the Annual Provincial Foster Families Association meeting to be held in Saint John in 1984, be denied. 3. That with regard to the sale and redevelopment of the Ritchie building at 50 Princess Street, Council adopt the recommendation of the City Manager that the following arrangement with Caton Development Limited be accepted:- (I) the purchase price of such building to be $3,500.00; (2) before the property is transferred to the said company, plans shall be presented'showing the proposed interior layout, the use and work required to produce this layout; (3) a proposal will be submitted by the developer on the reconstruction of the southern wall; (4) the City may reacquire the property for the purchase price if the demolition and new southern wall are not completed within nine months of the transfer of title; (5) if the rehabilitation is not completed within eighteen months of transfer of title, the developer will make an annual yearly payment to the City of $4,000.00 being approximately the amount of taxes receivable on the completed project; and (6) the City will give the developer an option to purchase the property under these terms which will terminate October 31, 1984. 4. That the letter from the City Manager submitting a report of claims paid to City employees for mileage which indicates that there are 12 employees presently receiving reimbursement for mileage as these employees use their vehicles on a regular basis for City business, 7 of whom in 1984 would receive mileage in the amount of $100.00 to $600.00 per year, while 5 others would receive reimbursement in the amount of $600.00 to $1,200.00 per year and advising that, in addition to same, there are 10 to 15 employees who occasionally use their vehicles for City business and who would not normally receive more than $100.00 per year and some members of Common Council submit claims for mileage for attendance at meetings outside City limits, be received and reported at Council's next regular meeting~ ' 5. That as recommended by the City Manager, the unexpended portion of the 1984 budget allotment of $150,000.00 for the operation of the aquatic centre be made available to the Saint John Aquatic Center Commission; that the Saint John Aquatic Center Commission be asked to formally adopt policies with regard to the expenditure of funds and that a copy of these policies be provided to the Com- missioner of Finance, and that the Commission be asked to commence work on its 1985 operating budget in order to ensure that it will be able to meet the reporting deadline as stipulated in Section 7(2) of the Saint John Aquatic Center Commission Act. August 20, 1984, Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) A motion was proposed by Councillor ' Schermerhorn and seconded by Councillor Knibb that section 1 of the above report be adopted, however, Councillor Knibb expressed the understanding that, based on a discussion at a meeting with the local Members of the Legislative Assembly earlier this date, the Tattoo 200 deficit would be cost shared and that the above amount should indicate $75,000.00. An amendment to the proposed motion to indicate the amount of $75,000.00 was proposed by Councillor Knibb and seconded by Councillor A. Vincent, however, it was noted that the amount of $25,000.00, rather than $75,000.00, was inadvertently included in the above report. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that authority be granted for the payment of the sum of $75,000.00 toward the operating deficit of Tattoo 200-1984. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. . I I . I . I I . ... II""" JJ15'l Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. I Councillor A. Vincent proposed an amendment to the above motion, which was seconded by Councillor Flewwelling, that the City can reacquire the subject property for the sum of $1.00 if the demolition and new southern wall are not completed within nine months of the transfer of title. Councillor A. Vincent suggested that the inclusion of such a condition could act as an incentive to the developer to complete the project within the specified time. Mr. Rodgers expressed the opinion that the proposed amendment is , improper as it is conflict with the main motion and suggested that, should Council defeat the original motion, a new motion would be in order. Question being taken, the motion was carried with Councillors Flewwelling, Murray and A. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. Serge Joyal, The Secretary of State of Canada, assuring Council that its resolution of June II, 1984 requesting that Her Majesty The Queen visit Saint John during the forthcoming Royal Tour of New Brunswick will be brought to the attention of Major General R.A. Reid, who is the Co-Ordinator for The Royal Visit -- be received and filed. The Mayor, in reply to a query of Councillor M. Vincent, advised that she has had no response to her recent letter to the Premier of New Brunswick offering the expertise of the City of Saint John in accommodating The Royal Visit rather than having the City of Moncton attempt to host both the forthcoming Royal and Papal Visits. Question being taken, the motion was carried. I On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the letter from New Brunswick Publishing Co., Limited, requesting permission to place up to fifty newspaper vending boxes within Saint John and advising that it is prepared to enter into an agreement with the City in this regard and work with designated City staff in deciding where the boxes will be located -- be received and permission be granted with the City Manager to negotiate the terms of an agreement with the said company. . During ensuing discussion reference was made to the discussion at Council's last meeting with respect to the request of The Globe and Mail to place additional newspaper vending boxes in the City and the question of whether or not a local newspaper company should pay less than the $10.00 per box charge being made to The Globe and Mail was broached. Mr. Winch commented on 'a survey which was done by the City to determine what, if any, fee is charged for the placement of such boxes in other areas and noted that the City of Saint ,John adopted the charge of $10.00 which, in his opinion, is the absolute minimum fee which should be charged in this regard. The Mayor suggested that the City Manager enter into negotiations with the above company and submit a report to Council for its consideration. (Councillor Schermerhorn withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. (Councillor Schermerhorn re-entered the meeting.) I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. A. Hogenbirk requesting to purchase property at 133-135 Elliott Row -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the brief regarding section #850 of the City's Zoning By-Law be received and filed and the New Brunswick Chapter of the Criminology and Corrections Association be thanked for its presentation in this regard. . Councillor M. Vincent noted that the requirement 'for parking prOVlSlon in the area of taverns and lounges etc. reduces on-street parking and expressed the opinion that regardless of whether or not parking space is provided persons will continue to drive to such establishments, therefore, the inclusion of such a section in the said By-Law is not encouraging persons to drink and drive. Councillor Poley suggested that, in future, groups wishing to present briefs should be required to include their signature on same and also to provide background regarding the particular type of group represented. Question being; taken, the motion was carried with Councillor Gould voting "nay". ..... 458 ~ Councillor Knibb asked that an Heldfi'to ,be", used during the 1985 Canada the Whole earlier this date, be added to item regarding the upgrading and maintenance of City sports- Summer Games, which was considered by Council in Committee of the agenda. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted to cost share with The Saint John 1985 Canada Summer Games Society, Inc. in the upgrading of existing City sportsfields in the amount of 50% of the total cost of $87,000.00 with $16,000.00 and $27,500.00, being the City's share, to be included in the 1984 and 1985 Capital Budgets, respectively, and further that funds in the amount of $24,000.00 be approved for the purchase of a farm tractor and manure spreader in the 1984 Operating Budget. Question being taken, the motion was carried. The Mayor referred to a memorandum from the Provincial-Municipal Council (copies of which were forwarded to Council members as an information item), regarding Bills introduced in the Provincial Legislature this Spring which pertain to municipalities in general and advised that she has requested the City Solicitor to review same and to report to Council any specific changes which should be con- sidered by Council. The Mayor made reference to a letter from Sergeant James E. Garnett of the Saint John Police Department (copies of which were forwarded to Council members as an information item) concerning the establishment of a New Brunswick Police pipe band and asked Council's direction in this regard. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter regarding the establishment of a New Brunswick Police pipe band be analysis and a report to Council. from Sergeant James E. Garnett referred to the City Manager for Question being taken, the motion was carried. The Mayor referred to a pamphlet (copies of which were forwarded to Council members in their Council kits) from The Federation of Canadian Municipalities regarding the forthcoming 1984 Federal election and she suggested that the questions posed therein with respect to the Federal candidates' positions on various municipal issues should be addressed by those concerned. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that a copy of the above-mentioned pamphlet be forwarded to each of the Saint John Federal candidates with the request that they respond to the queries therein. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Vh/l"'1 !,<: VJ~::0d Common Cler . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of August, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commis- sioner of Housing & Renewal Services and Property Management; C. Breen, . I I . I . I I . .... ~ ~:59 Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. . Reverend David Genge of St. George's Anglican Church offered the opening prayer. On motion of Councillor Flewwelling August 20, 1984, be adopted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on I Question being taken, the motion was carried. The Mayor commented on two forthcoming events in the City, one being the Canadian Karate Champion- ships, the other being the Canadian Public Health Conference, both to be held in June 1985 and a brief discussion ensued during which time Councillor Murray encouraged those groups seeking financial assistance from the City for such events to make application to the City by September 1984 in order that these requests can be reviewed by the Grants Advisory Board, the membership of which is to be considered by Council later in this meeting, for recommendation to Council by mid-October. I (CounCillor Gould entered the meeting during the foregoing discussion.) Her Worship the Mayor noted that the 36th Biennial Conference of the Pentecostal Assembly is currently being held in the City. Councillor Poleyadvised that he and Deputy Mayor Davis attended a meeting earlier this date with members of The Saint John Bicentennial Inc. regarding Tattoo 200 and requested that an item in this regard be added to the agenda for discussion in Committee of the Whole later this date. On motion of Councillor Poley . Seconded by Councillor Schermerhorn RESOLVED that an item regarding Tattoo 200 be added to the agenda for discussion in Committee of the Whole later this date. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne regarding an amendment to Section 39 of the Community Planning Act, which recently received third reading of the New Brunswick Legislature, advising that, as such action was carried out without input from the planning branches of the various municipalities, The Honourable Yvon Poitras, Minister of Municipal Affairs, has recommended to Cabinet a two-month deferment to allow the municipalities further discussion on this matter and consequently referred same to the Provincial-Municipal Council for discussion and consideration with a report to be submitted to him by September 30, 1984, and recommending that this matter be referred to the City Manager and the Commissioner of Community Planning and Development for immediate input for the Provincial-Municipal Council, and that a copy be forwarded directly to the Minister -- be received and filed and the recommendation adopted. During the ensuing discussion, Mr. Zides explained that the proposed legislation will require public notice to be given of any change to a Council resolution or agreement under Section 39 of the Community Planning Act and staff is concerned as it may not be necessary in every case to publicly advertise and hold public hearings. Mr. Zides added that, although he concurs with Councillor Knibb's observation that it is important to make the public aware of proposed changes to the use of properties as is currently the practice, it may not be necessary to do so when such change involves only an extension of time to construct a building, for example. . Question being taken, the motion was carried. On motion of CQuncillor 9chermerhorn I Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. Michael C. Haynes, Regional Vice-President of Atlantic Canada Jaycees, concerning persons from the community to be considered for the Vanier Award, and recommending that any Councillor having name/s for consideration should forward same to the Common Clerk within the next two weeks -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne regarding an invitation to the City to co-sponsor, at no financial obligation to the City, the Community Revitalization Conference to be held in Saint John on October 10 to 12, 1984, such conference already having the Province of New Brunswick and the Heritage Canada Foundation as sponsors and the support and co-operation of the International Council of Shopping Centres, the Department of Development of the Provinces of Nova Scotia and Prince Edward Island, the Federal Business Development Bank, the Atlantic Planners Institute and Canada Mortgage and Housing Corporation; advising that this conference will be unique in that it will comprehensively view all the issues impacting downtown revitalization and is of particular importance to Saint John as it addresses the all-important issue of housing and will provide the City with information as to how the City and the private sector can best protect and maximize the large investment made in downtown revitalization; and recommending that, because Saint John is a city in the forefront of downtown revitalization, Council notify Mr. M. Somerville, who is a director of this conference, that the City of Saint John would be most happy to co-sponsor the Community Revitalization Conference and to appoint a person to sit as a director on its Board -- be received and filed and the recommendation adopted. . Question being taken, the motion was carried. .460 ., On motion of Councillor Schermerhorn Seconded by Councillor Flevwelling RESOLVED that the letter from Deputy Mayor Davis request- ing acceptance of his resignation as a trustee of the City of Saint John Pension Fund as the present situation in that this trusteeship exposes him to personal financial risk is unacceptable to him -- be referred to the Mayor for further discussion. . Deputy Mayor Davis re-iterated his intention to resign from the Pension Board and added that the employees of the City have completely entrusted their future, which is their fund of almost $50 million to 12 people of which he was one and there have been many changes in benefits and improvements in benefits over the years, each one having been costed before incorporation into the plan; however, half of the trustees now propose to add a relatively large benefit without adding a compensating cost to pay for the benefit which would cost millions of dollars in funding and introduce an irrational I element into the fund's management, and stated that that is what is unacceptable to him and since he cannot understand how it could be condoned by the e~ployees of the City, it makes the Board incompatible on this subject and this he does not want. Deputy Mayor Davis advised that he does not intend to speak any more about this matter now or in the future. The Mayor commented on the subject matter and several members of Council expressed their confidence in Deputy Mayor Davis' service on the Pension Board and encouraged him to reconsider his decision. Councillor Vaughan expressed the understanding that, although the Pension Board had made a decision regarding the inclusion of retirement pay in salary calculations for pension purposes, such motion was recinded which the Mayor confirmed. Council~ lor M. Vincent asked, in order that he can vote on this matter accordingly, whether Deputy Mayor I Davis is in favour of the proposed motion or if he wishes to stand by his decision to resign to which the Mayor, upon consultation with the Deputy Mayor, repiied that he is willing to discuss this matter further with her. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Councillor A. Vincent suggested that the above motion should the appropriate motion should have been to the effect that Council not resignation and express ,a vote of confidence in him in this regard. not have been debated and that accept Deputy Mayor Davis' On motion of Councillor A. Vincent . Seconded by Councillor Flevwelling RESOLVED that Council not accept the resignation of Deputy Mayor Davis from the Pension Board and that Council express confidence in Deputy Mayor Davis. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. St. Rose's Little League Ballfield Fundy Fencing Limited Supply and installation of chain link fence Original estimated value of contract Total work done, Estimate Number 4 (Final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 21, 1984 Final release of holdback I $ 13,694.54 11,694.54 Nil 11,343.70 $ 350.84 2. Millidgeville Waste Water Treatment Plant Rocca Construction Ltd. Original estimated value of contract Total work done, Estimate Number 17 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 17, dated August 22, 1984 Partial release of holdback . $5,198,000.00 5,102,735.10 15,000.00 5,065,291.19 $ 22,443.91 Councillor Schermerhorn asked if the contract for the Millidgeville Waste Water Treatment Plant will be under budget to which Mr. McDermott replied in the affirmative. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- 1. Market Square Development, City Centre Improvements Contract CCI #21 - Smythe Street South - Phase 2 W. E. Kelly Ltd. Construction of Smythe Street Phase 2 Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated August 21, 1984 Final release of holdback I $ 74,230.00 83,755.59 Nil 71,192.25 $ 12,563.34 . ....4 JII""" , -4\~a Mr. Armstrong, replying to a query of Councillor Gould, explained the nature of the changes in the above contract as described on the submitted summary. Councillor A. Vincent asked if there would be any effect to the original guarantee of the brickwork which was removed and reset possibly by another subcontractor than that which originally performed this work and he requested a report at the next Legal Session of Council concerning the possibility of legal liability in this regard. The Mayor suggested that this latter matter should be addressed by the City Solicitor at this time in order for all Council to be apprised accordingly in the event the above matter should be tabled and Councillor A. Vincent clarified that it is not his intent to delay payment of the above progress certificate. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt August 16-22, 1984 $39,719.61 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the bid report for the supply of water and sewerage bills which was tabled at Council's last meeting, advising that, with regard to the question of public tender rather than invited bids, to produce the water bill in question requires special printing equipment which the local printing companies do not have and that, although several local printing companies were invited to bid on this project, all declined the invitation with the end result being the receipt of two bids, both from local sales offices of national printing companies, and recommending that the previous recommendation be taken from the table and adopted -- be received and filed: . AND FURTHER that as recommended by the City Manager, the bid of Moore Business Forms, at a cost of $80.60 per 1,000 plus taxes, be accepted for supplying 100,000 water and sewerage bills. Councillor A. Vincent suggested that, had Council been provided with the above information at its last meeting, there would have been no need to table this matter whereupon Mr. McDermott replied that, in future, such information will be provided on matters of this nature. Question being taken, the motion was carried. I Read a letter from the City Manager regarding the matter of requisition approval which was discussed at Council's meeting of July 30, 1984, proposing the following levels of authority for the purpose of requi- sition approval:- Levell - City Manager, Level 2 - directors, commissioners, chiefs, or other positions reporting directly to the City Manager, Level 3 - assistant directors, deputies, divisional heads and section heads and other management positions reporting directly to the department head, Level 4 - superintendents and gene~al foremen and other supervisor/ positions, and Level 5 - foremen and senior office staff, and recommending that the following schedule for requisition approval be adopted, namely:- Dollar Ran!';e $ 0 to $ 100.00 $ 101.00 to $1,500.00 $1,501.00 to $2,500.00 $2,500.00 to $3,500.00 $3,500.00 to $5,000.00 Over $5,000.00 Approval Level 5 and above Level 4 and above Level 3 and above Level 2 and above Level I Common Council Substitute Approval Level 4 and above Level 3 and above Level 2 and above Levell or Assistant City Manager Assistant City Manager None Councillor Schermerhorn suggested that the above matter should be tabled pending the return from yacation of Mr; C. Robichaud, Assistant City Manager - Operations, in order that queries can be answered on the above matter. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried. I Read a letter from the City Manager regarding the requests of The Globe and Mail and the New Brunswick Publishing Co., Limited to place newspaper vending boxes on street corners, which were considered at Council's meetings of August 13 and 20, respectively, advising that, with regard to the former company, the City has an agreement which provides for the location of such boxes to be approved by the Commissioner of Works, with such boxes to be maintained in good repair, bear no advertising other than the name of the newspaper and contain nothing other than newspapers with the City charging an annual fee of $10.00 per box and being able to request the removal of such boxes, and suggesting that the same agreement should apply to the New Brunswick Publishing Co., Limited. On motion of Councillor Gould Seconded by Councillor Vaughan I RESOLVED that as recommended by the City Manager, the agreement with The Globe and Mail with regard to newspaper vending boxes be amended to provide for a total of 95 boxes and that an agreement be entered into with the New Brunswick Publishing Co., Limited for 50 newspaper vending boxes under the same terms and conditions as provided for in the said agreement with The Globe and Mail, and that the Mayor and Common Clerk be authorized to execute these agreements. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager and Deputy Fire Chief J. Breen; a warrant be issued to Mr. Barry Charles Carleton for membership to the Saint John Salvage Corps & Fire Police Question being taken, the motion was carried. llo.. 4@2 ., Read a letter from the City Solicitor submitting copies of invoices from the law firm of McKelvey, Macaulay, Machum, legal counsel in employment matters with respect to Mr. J. Claude Mac- Kinnon et aI, recommending payment of same and noting that one bill, in the amount of $4,830.00, was approved in 1983. ... On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Solicitor, authority be granted for payment of the submitted invoices of McKelvey, Macaulay, Machum, legal counsel in the matter of Mr. J. Claude MacKinnon et aI, in the amount of $38,726.36. Councillor A. Vincent noted that the subject invoices in the amounts of $6,187.40, $31,468.96 and $1,070.00 bear the dates of January 3, 1984, June 29, 1984 and August 10, 1984, respectively, and I advised that, upon asking the City Manager in July if there were any bills from the law firm in question, he was advised that there were not and that he would ask the City Solicitor and advise accordingly, and he asked where the bills have been to date. The Mayor noted that the Commissioner of Finance was not aware last week of the receipt of such invoices. Mr. Rodgers explained that, with the exception of the above-noted invoice in the amount of $4,830.00 which was inadvertently submitted to the City Manager and sUbsequently to the City Solicitor for approval of payment, the subject invoices were submitted directly to him shortly after the dates indicated thereon and remained in his office until recently as a result of discussing with Mr. E. N. McKelvey, of this law'firm, that such bills would not be forwarded to Council for approval until their services- in this matter were completed. Mr. I Rodgers added that the submission to Council of these invoices at this time ties in with the completion of services by this law firm, therefore, he is recommending payment of same. Councillor A. Vincent noted that the January invoice indicates that legal counsel pertains to matters relating to Mr. J. C. MacKinnon and Mr. R. Clark and he asked if Council could expect to be invoiced for the services of this firm in the matter of the Mr. E. A. Shuve trial. Mr. Rodgers replied that the latter'matter was discussed sometime ago with representatives of the subject law firm at which time they felt there was no conflict at that time in having a person in the court taking notes, and that he is satisfied that the said invoices include everything for services and disbursements and that they total the complete work performed by the McKelvey, Macaulay, Machum firm. Councillor Gould asked why such invoices would go directly to the City Solicitor rather than to the Finance Department to which Mr. McDermott replied that legal bills go directly to the City Solicitor and Mr. Rodgers added that the reason for such . procedure is to maintain the solicitor/client relationship and the relationship between the outside counsel and the Common Council. Councillor Poley expressed the opinion that Council, prior to approving the subject invoices, is entitled to a more itemized account of the services rendered, by whom and the rates charged. Councillor M. Vincent concurred with Councillor Poley that Council should be provided with more details on the subject invoices and asked if there are any other legal bills to be presented to Council with respect to the matter of Mr. J. C. MacKinnon. Mr. Rodgers replied that he is in receipt of bills from Mr. Eric L. Teed, Q.C., whiCh he is not submitting to Council at this time as the matter is still ongoing. Mr. Rodgers, in response to a request from Councillor A. Vincent, advised that he can provide a copy of the invoice in the amount of $4,830.00. On motion of Councillor Poley Seconded by Councillor M. Vincent I RESOLVED that the above matter be laid on the table and the said law firm be reQuested to itemize the subject invoices more extensively. Question being taken, the tabling motion was lost with the Mayor and Councillors Davis, Flewwelling, Gould, Knibb, Schermerhorn, Vaughan and A. Vincent voting "nay". Question being taken, the original motion was carried with Councillors Murray, Poley and M. Vincent voting "nay". Councillor M. Vincent re-iterated his request for additional information on the above matter, particularly with respect to the invoice in the amount of $31,468.96 to which Mr. Rodgers replied that he does not wish to get involved in attempting to itemize the subject invoices, however, this would cover such matters as meetings, discussions on various points of law and facts, preparation of documents which were submitted to the court, court appearances and any other related matters. (Councillor Poley withdrew from the meeting.) . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a portion of the property at 46 Station Street (L.R.I.S. Number 040014) to a depth not exceeding 60 feet, from High Density Residential to Heavy Industrial classification, be read a third time 'and enacted and the Corporate Common Seal be I affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City of Saint John And Amendments Thereto", was read in its entirety. Councillor Vaughan asked if there are any provisions in the proposed re-zoning of the above property to ensure that this property is cleaned up and the situation monitored as it is currently unsightly to which Mr. Winch replied that there is no provision for same. Mr. Johnson suggested that there should be a clause attached to the Section 39 re-zoning that the property is to be kept neat and I tidy. The Mayor suggested that this matter should be discussed further when considering the proposed Zoning By-Law amendment with respect to this property. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the by-law entitled, "By-Law Number C.P. 100-17 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a portion of the property at 46 Station Street (L.R.I.S. Number 040014) to a depth not exceeding 60 feet, from . "B-2" General Business to "I-2" Heavy Industrial 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 .... ~ ~~2 on the condltion that a the use of the property be res rlcted to a dwelllng unlt or a caretaker or watchman and the operation of a business dealing in new and used goods including scrap metal, auto parts and bottles, on condition that the operation of the business and the display and storage of goods shall be located entirely within the confines of the existing building, (b) parking be provided to the satisfaction of the Deputy Commissioner of Community Planning, and (c) a fence be erected on the eastern side of the portion of the property being re-zoned. . The by-law entitled, "By-Law Number C.P. 100-17 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. I During discussion prior to the above motion being proposed, Councillor Gould suggested that, in addition to the the two conditions of re-zoning recommended by the Planning Advisory Committee and to ensure that the subject property is not in an unsightly state, the condition that fencing is to be erected along the eastern side of the portion of the property being re-zoned and Mr. Winch agreed that this would be a proper condition to be included under the Section 39 re-zoning. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Baxter Dairies Limited have been completed and that the required waiting period for objections expired on August 22, 1984, with no written objections having been received. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the application of Baxter Dairies Limited for a Municipal Plan amendment and re-zoning of property located at 59-61-63 Millidge Avenue 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 October 1, 1984. . Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Norman E. Smith have been completed and that the required waiting period for objections expired on August 22, 1984, with no written objections having been received. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that the application of Mr. Norman E. Smith for a Municipal Plan amendment and re-zoning of Lot #1 at 234 Sydney Street and Lot #2 at 39-45 Broad Street 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 October 1, 1984. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, August 20, 1984, when there were present Waxo~oWayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, A. Vincent;aBdg~nVincent, and your Committee submits the following recommendations, namely:- . I. That Councillor Peter Murray, Mr. T. Totten and Ms. Y. Huntington-LeBlanc be appointed to the Grants Advisory Board to review grant requests for conventions and civic receptions follow'ing the September 30 deadline for submission of such requests and to make recommendation to Common Council with respect to the inclusion of such grants in the 1985 annual budget. 2. That with regard to the offer of Mr. Norman Rose to sell to the City property at 8-10 Haymarket Square, Council adopt the recommendation of the City Manager that Mr. Rose be advised that his offer of $32,000.00 is not acceptable and that the property not be acquired at this time. I 3. That as recommended by the City Manager, Common Council approve the purchase of 125 Britain Street from Lawson Estate Ltd., at a price of $10,500.00 plus costs; that Common Council approve interim financing of $65,000.00, in line with the budget outlined in the submitted report from Mr. W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management, for the development of an infill housing project in the City's South End, and that the responsibility for the project be transferred to Saint John Non-Profit Housing Inc., including the appropriate interim financing. I 4. That as recommended by the City Manager, authority be granted to accept the offer to the City of 25,000 tonnes of salt from Dennison Mines under the same terms as last year with the transportation costs to be borne fully by the City of Saint John, and to call for quotations to move the salt to sites within the City of Saint John to be selected by the Engineering and Works Department. August 27, 1984, Saint John, N.B. (sgd.) Respectfully submitted, Elsie E. Wayne, C h air man. On-motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section I of the above report be adopted. . Question being taken, the motion was carried. ~ _'4 ., .a~4 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. I Mr. McDermott asked that section 4 of the above report be changed to indicate an offer of up to 25,000 tonnes. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted to accept the offer to the City of up to 25,000 tonnes of salt from Dennison Mines under the same terms as last year with the transportation costs to be borne fully by the City of Saint John, and to call for Quotations to move the salt to sites within the City of Saint John to be selected by the Engineering and Works Department. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan of Olsen's General Store, 1210 Loch Lomond Road, with . respect to the land for public purposes and water line easement. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding a proposed subdivision of Manford M. Thompson at the south side of Crown Hill Road, suggesting that the proposed subdivision should be supported and that the comments of staff and matters raised by the public should be taken into consideration, and recommending that Common Council assent to Phases 1 and 2 of the subdivision plan, as modified by Planning staff subject to the developer and the City entering into the appropriate subdivision agreement and that the sum of $6,900.00 be accepted in lieu of lands for public purposes. Consideraration was also given to a letter from Mr. Carl F. Gorham of 40 Parklawn Court, regarding the above-proposed subdivision, stating that he is not opposed to the development of I residential property in this area and that he fully supports the objectives of Council in providing attractive residential building sites within the City to encourage residential development within City boundaries and stem the outflow to the adjoining municipalities; however, he is concerned that the position of the Planning Advisory Committee, to accept money in lieu of land for public purposes rather than have land vested with the City for this purpose is not in the best interests of the residents of the area or of the City in general. The letter notes that one of the major attractions in the Millidgeville area and one of the reasons for the high property value and resulting high tax base is the presence of green area which provides a suburban setting in a City area and expresses the opinion that a sincere effort should be made by the City to retain at least a portion of the subject land as green area. The letter requests that Council reconsider the very positive advantages in maintaining parcels of green area throughout City-residimtial areas ~norder to ,;lCeain ,theChihh,:qiiality of residential development such as presently exists in the Millidgeville area. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to Phases 1 and 2 of the subdivision plan of Manford M. Thompson with regard to the subdivision on the south side of Crown Hill Road, as modified 'by Planning staff subject to the developer and City entering into the appropriate subdivision agreement, and further that the sum of $6,900.00 be accepted in lieu of lands for public purposes. Discussion ensued regarding the matter of attempting to maintain the subject area in a natural state by leaving as much greenery in the subject area as possible and Mr. Winch suggested that it may be possible to include in the agreement to be executed between the developer and the City the proviso that an attempt be made to retain as much as possible the natural landscape. Councillor Knibb noted the presence in the Council Chamber of Mr. Manford Thompson, the developer concerned, and suggested that Council should invite him to address this matter. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that Mr. Manford Thompson be invited to address Question being taken, the motion was carried. I Council at this time. Mr. Manford Thompson appeared before Council and, responding to Council queries on the above matter, expressed his intent to retain as much as possible the natural setting in the area concerned and to construct houses to complement same and he suggested that persons residing in the area of Parklawn Court and Bell Manor Drive should not be unduly concerned with respect to the possible lack of privacy should the proposed subdivision be developed as those persons purchasing property in the latter will also want privacy. Mr. Thompson clarified that the question of Hill Heights Road becoming a through street need not be addressed until Phase 3 of the subject subdivision is commenced and he noted that he' objects to the request of Planning staff that he be requested to improve Crown Hill Road with a l~ inch thick seal coat as, in his opinion, it is unfair to expect potential purchasers to bear the burden of repaving the entire street in view of the fact that he owns only two or three lots on one side of same. Mr. Thompson added that it is his understanding that the latter requirement is part of the City policy with respect to subdivisions and suggested that Council could possibly overrule this matter in this instance and the Mayor suggested that this could be a matter to be addressed by Saint John Non-Profit Housing Inc. Discussion continued particularly . ..... JI""" ;'b- 41 ~~.. with respect to the retention of trees and greenery in the subject area and Mr. Thompson re-iterated his intent to retain as much as possible and that he is in agreement with the Planning Advisory Committee's recommendation in this regard. Mr. McDermott noted that staff has been meeting with the developers concerned and will be submitting a recommendation to the Saint John Non-Profit Housing Inc. by September 15, 1984 which should be helpful to Mr. Thompson and other developers in the area. . (Councillor Murray withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. On motion of Councillor Flewwelling I Seconded by Councillor Poley RESOLVED that the present standards and requirements for street paving in subdivisions be referred to the Saint John Non-Profit Housing Inc. for a report and recommendation. Councillor A. Vinc,ent suggested that, in the case of Mr. Thompson and the fact that he is develop- ing only one side of the subject street, the City could pave the entire street and cost one half against the properties concerned with the remaining properties as developed to be costed for their share. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the letter from Mr. Carl F. Gorham regarding the application of Mr. Manford M. Thompson to develop a 23-10t subdivision in the Millidgeville area -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seconded by Councillor Gould RESOLVED that the letter from Messrs. P. Rocca, Chairman, and R. Spangenberg, Vice Chairman, of The Participaction Steering Committee, submitting a copy of their final report regarding the Great Canadian Participaction Challenge of May 16, 1984; expressing gratitude to the citizens and businesses of Saint John for their overwhelming support in this event and suggesting that an event of this nature would be a positive "warm-up" to the 1985 Canada Summer Games -- be received and filed and the'Committee members be thanked for their services in this regard and that the City of Saint John take up the Participaction Challenge in 1985. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the letter from Mrs. Elsie M. McCutcheon regarding a noise and odour problem associated with a storage garage behind the D. & M. Variety Store at 77 Glen Road, relating activities which occurred at this site following her contact with the Building Inspector on July 10, 1984 to August 19, 1984, and requesting such activities to be halted -- be referred to the City Manager and appropriate staff for a report at Council's next meeting. Councillor Vaughan asked why the above matter was not resolved following the July 10, 1984 contact with the City to which Mr. Johnson replied that the matter is not as clear-cut as it may appear as his forthcoming report to Council will indicate. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the petition from area residents expressing concern about the increasing number of large trucks travelling through the area of MacLaren Boulevard and Taylor Avenue, which is an area heavily-populated with children, including those who are deaf and handicapped, and requesting Council to recognize the problem and take appropriate action -- be referred to the City Manager for a report and recommendation. I Councillor M. Vincent asked that, in the interim while Council is awaiting the above report, the Police Department look into the matter of trucks allegedly speeding in the area concerned to which Acting Chief Breen replied that the situation is being monitored. Questionbeing taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from Mr. Harold E. Wright, Co-Ordinator of Partridge Island Research Project, submitting a copy of a letter from the Historic Sites and Monuments Board of Canada with respect to this Board's recommendation relating to a national historic park development on Partridge Island which resulted in the Federal Minister of the Environment asking Parks Canada officials to contact the Province of New Brunswick to determine its interest in co-operating in the development of a facility to treat both the general theme of immigration to the Maritime Provinces in the 19th century and the significant role played by Partridge Island in that phenomenon; expressing the opinion that the response from the said Board is disheartening and that it examined Partridge Island in only one small area of its diverse history and ignored the rest and that, although the Board's recommendation appears on the surface to be positive, it leaves a lot to be desired; and advising that, although the proposal to develop Canada's Emerald Isle as a unique visitor attraction must wait until after the Federal election on September 4, 1984, the Province has been requested to clarify its position in this regard ~- be received and filed and Council re-iterate its support to the proposal that Partridge Island be developed as a national historic park. . Question being taken, the motion was carried. .... Ui6 -, On motion of Councillor Gould Seconde by Councillor Schermerhorn RESOLVED that the letter from Mr. Peter A. Jones, Liber~ . tarian Candidate for Saint John, replying to Council's resolution of August 20, 1984 requesting the opinion of the Saint John candidates for the forthcoming Federal election with respect to Queries broached in a pamphlet from the Federation of Canadian Municipalities, and recommending that, as it is the Libertarian policy to reduce taxes as much as possible so that the citizens can spend their money instead of having it spent for them by any of the three levels of government, municipalities provide only the essential services such as water, sewer, roads, parks and police and fire protection be received and filed and Mr. Jones be thanked for his response. Question being taken, the motion was carried. Her Worship the Mayor commented briefly on the matter of expenses related to the rental of equipment during 1981, 1982 and 1983, such amount being $1,742,506.00, with an amount having been expended for the first 8 months in 1984 of approximately $10,000.00 and she commended Council for its initiation of proper management controls which resulted in monetary savings which have been applied to services for the citizens of the City. Councillor A. Vincent asked what percentage of the monetary saving can be attributed to a reduction in capital works to which the Mayor replied that there has been no reduction in capital works projects. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1f21(f !rf;!!d~4d At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourth day of September, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and A. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. McDevitt, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; B. Steeves, Deputy Building Inspector; S. Galbraith, Manager of Supply and Services; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Ramon Hunston, Pastor of Calvary Temple, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on August 27, 1984, be adopted. Question being taken, the motion was carried. The Mayor suggested that Council should officially recognize Mr. Francis Hebert of Saint John, who competed in the Special Olympics for the handicapped in Winnipeg, Manitoba in August and who won gold medals for his success in the shotput, discus, javelin and swimming competitions. The Mayor noted that Mr. Hebert is blind and the games in which he competed were national in nature. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend congratulations to Mr. Francis Hebert for his success in winning four gold medals at the Special Olympics held in Winnipeg, Manitoba in August 1984. The Mayor suggested that Council should make a presentation to Mr. Hebert at a forthcoming Council meeting. Question being taken, the motion was carried. Councillor Knibb presented to the Mayor the key to the City of Bangor, Maine, U.S.A., and advised that this is a token of goodwill which was given to members of the Saint John High School Football Team who competed recently in Bangor. The Mayor commented on the opening of Portage "200" on August 29, 1984, which is a trail directly behind the New Brunswick Museum and is the western end of the Reversing Falls Portage Trail which was used by Maliseet and Micmac Indians in order to avoid the treacherous waters at the mouth of the St. John River, and commended the inmates of the Saint John Regional Correctional Centre who were involved in this project. Deputy Mayor Davis, who also attended the said opening, commented briefly on the historical background of the said trail and encouraged citizens to take the opportunity to visit this area. I I . I . I I . ~ ~ ~@~ Her Worship the Mayor referred to a tour of the Recreation and Parks facilities, which was attended by several members of Council during the week of August 27, 1984, and noted that the City has 194 different facilities to maintain. The Mayor requested the citizens of the City to assist in ensuring that these facilities are not vandalized, particularly in view of the forthcoming 1985 Canada Summer Games and the fact that acts of vandalism have already occurred at certain recently-constructed facilities. . Her Worship the Mayor read a proclamation proclaiming September 7 and 8, 1984 as Shinerama Days in the City of Saint John and urged all citizens to join with the students of the University of New Brunswick - Saint John Campus and the Canadian Cystic Fibrosis Foundation in this National Shinerama Campaign. Councillor Flewwelling requested that an item regarding the viaduct walkway (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. I On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. I Councillor Vaughan requested that a letter from the Canadian Paraplegic Association to the Mayor (copies of which were forwarded to Council members as an information item) be added to the agenda for consider~ ation at this meeting. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Pine and Prince Streets - Sewer Dean Construction Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated August 29, 1984 Final release of holdback $71,401.78 73,787.73 Nil 63,525.44 $10,262.29 I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- I. Market Square Development - City Centre Improvements Contract CCI 22 - Union Street West - Phase 2 W. E. Kelly Ltd. Construction of Union Street West - Phase 2 Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 4, dated August 28, 1984 Final release of holdback $45,350.00 47,398.26 Nil 39,016.21 . $ 8,382.05 I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as granted for payment of the following invoices, namely:- Stephen Pavin~ (1982) Ltd. - supply of asphalt August - supply of asphalt August recommended by the City Manager, authority be 23-24, 1984 27-29, 1984 $16,556.21 $45,787.58 I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Wm. P. Dowd and Sons Limited, in the amount of $14,740.00, for roof repairs to the Lord Beaverbrook Rink, such repairs having been approved by the Citizens of the Lord Beaverbrook Rink Committee with the said amount being covered by the City's insurance, less a $1,000.00 deductible amount. . Question being taken, the motion was carried. ~ .4\~B " On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of ... A. T. Snodgrass Co. Ltd., at a net cost of $13,487.10, be accepted for providing the materials for a street-based filing system in accordance with Option "A plus the folders and fasteners for the Building and Technical Services Branch. Councillor Gould asked if the above filing system could be program to which Mr. Zides replied that, although it may be possible subject filing system on the computer program, it would be difficult and copies of permits, etc. on a computer system. included in the City's computer to include a portion of the to maintain plans, correspondence Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding cost sharing of $87,000.00 with The Saint John 1985 Canada Summer Games Society, Inc. for the upgrading of existing facilities, which was approved by Council on August 27, 1984, a portion of the said amount being for material which includes 2 metric tonnes of grass seed; advising that, as it was necessary for this seed to be purchased at this time to allow for proper germination prior to frost becoming a factor, invitations to bid were extended to five companies, three of which responded; however, due to the lateness in the season, none of the bidders could quote exactly to specification and submitted their prices on alternate products, and recommending that the bid of OSECO Seed, in the amount of $10,679.80, be accepted -- be received and filed and the recommendation adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the bid of Gill Equipment Ltd., in the amount of $5,418.47, be accepted for the supply of parts for vehicle no. 703, a 1978 Trojan Model 2500 which was damaged by fire as a result of vandalism on April 23, 1984, with the City's insurers to pay the cost of repairs. ' . Mr. Robichaud, replying to a query of Councillor Schermerhorn with respect to the time lapse between the occurrence of the vandalism and the above recommendation, advised that time is reQuired to investigate a matter of this nature, to break a machine down to determine what parts need replacing and to price the parts required. Councillor Schermerhorn asked if the loss of this machine's services required a rented vehicle in the interim to which the Mayor replied that Mr. Hanlon indicated a negative reply. The Mayor asked where the vandalism occurred to which Mr. Robichaud expressed the understanding that it took place at the cold mix plant off Millidge Avenue and he confirmed that this area is supervised during the evening hours. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Stimulation Grant Agreement with the Province of New Brunswick, such grant being in the amount of $400,000.00 to be allocated to the purchase of property for the Canada Summer Games aquatic centre. Mr. McDermott, replying to a query of Councillor are other cost-sharing items to which the above grant could mended that it be used in the purchase of property required Schermerhorn, advised that, although there be applied, in this instance it is recom-'""{;": _ for the aQuatic centre. Question being taken, the motion was carried. . Consideration was given to a letter from the City Manager regarding reQuisition approvals, which was tabled at Council's last meeting. Mr. McDermott requested that, although his letter refers to required approval for requi- sitions and release notices, the reference to the latter be deleted with such matter to be the subject of a report at Council's next meeting. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager proposing the following levels of authority for the purpose of requisition approval:- Levell - City Manager, Level 2 - directors, commissioners, chiefs, or other positions reporting directly to the City Manager, Level 3 - assistant directors, deputies, divisional heads and section heads and other management positions reporting directly to the department head, Level 4 - superintendents and general foremen and other supervisory positions, and Level 5 - foremen and senior office staff, and recommending that the following schedule for reQuisition approval be adopted, namely:- Dollar Range $ 0 to $'~100.00 $ 101.00 to $1,500.00 $1,501.00 to $2,500.00 $2,500.00 to $3,500.00 $3,500.00 to $5,000.00 Over $5,000.00 Approval Level 5 and above Level 4 and above Level 3 and above Level 2 and above Level 1 Common Council Substitute Approval Level 4 and above Level 3 and above Level 2 and above Level 1 or Assistant City Assistant City Manager None I Manager -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. . ..... ,.. '4r. M~ On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding a Notice of Motion as the first step in the permanent financing of certain capital projects, noting that, although such Notice does not commit, the City to any further action, it places the City in the position to take action after the expiration of 30 days at such time as the bond market conditions and opportunities permit, be received and filed. I Mr. Wilson, in reply to Council queries, explained that the $2 million proposed for Market Square represents monies expended towards the central building complex and that, with this particular bond issue, the City will have now bonded $11.5 million for Market Square which is approximately the City's total commitment in this regard, as well as slightly over $4 million for City Centre Improvements, Matters relating to whether or not the $28,936.00 designated under Water System for McAllister Industrial Park is for a study, the manner in which the $10,940.00 designated for watershed development is to used, the $615,000.00 allocated for Saint John Non-Profit Housing Inc. and the reason for the City Hall Walkway being included under Transpor-, tat ion were broached, and Mr. Wilson noted that the said Notice of Motion will satisfy the required 30-day period so that when the Municipal Finance Corporation does find an attractive time to issue bonds the City will be in a position to move and he added that the proposed bond issue may not be purchased before 1985. Question being taken, the motion was carried. I Her Worship the Mayor gave the following Notice of Motion: "I do hereby give Notice that I will, 'at a meeting of the Common Council held after the expiration of thirty days from this day, move or cause to be moved the following resolution, namely:- 'RESOLVED that occasion having arisen in the public interest of the following public civic works and needed Civic Improvements, that is to say:- GENERAL FUND . Transportat ion Wright Street $13,367; Candle & Lynn Avenue $30,348; Charles Street Central $15,673; Dresden Avenue $32,361; Kitchener Street $14,934; Rockland Road $27,936; Sandy Point Road $17,715; Baxter Road $14,972; Demille Street $15,410; Hickey Road $9,757; Latimer Lake Road $14,451; McAllister Drive Ext. $12,337; Millidge Avenue $8,336; City Hall Walkway $645,938; Property Purchase - Rothesay Avenue $326,465 --,$1,200,000 Environmental Development Market SQuare $2,000,000 Recreation I Lakewood Reservoir Park $19,074; Tucker Park $9,503; Kennebecasis Dock $11,538; Lancaster Centennial Arena $11,740; Memorial Field $23,206; Shamrock Park $49,734; Somerset Community Centre $12,761; Simonds Centennial Arena $12,444; Canada Games $735,000 -- $885,000 Total General Fund - $4,085,000 . WATER AND SEWERAGE UTILITY Water System Mount Pleasant Court $20,115; Potash Terminal $17,994; Rothesay Avenue $498,729; Musquash Pumping Station $15,704; McAllister Industrial Park $28,936; Watershed Development $10,940; Grandview Avenue $4,000; Musquash Pumping Station $3,582 -- $600,000 Sewer System . Shamrock Park $46,508; Rothesay Avenue $46,373; St. Catherine Street $16,634; Westmorland Grove Brook $20,681; Pine Avenue West $13,991; Prince Street West $44,587; One Mile House $13,799; Riverview Drive West $16,378; Shamrock Park $9,947; Winslow Street $39,831; Wright Street $47,991; Thorne Avenue $62,552; Armstrong Road $49,217; Brown Street $12,108; Fairville Boulevard & Linton Road $49,906; Ketepec By-Road #4 $19,751; Local Draining Improvements - HorsIer Drive $8,720; Mollins Drive $20,484; Old Black River Road $21,244; Sherbrooke Street $57,828; Young Street $7,597; Bayside Drive $23,358; Local Drainage Improvements - Dunn Avenue & Other $17,284; South Bay Road $11,792; Wright Street $21,439 -- $700,000 Total Water and Sewerage Utility - $1,300,000 I SAINT JOHN NON-PROFIT HOUSING INCORPORATED Rockwood Court Renovation Project $615,000 Total for all purposes $6,000,000 THEREFORE RESOLVED that Debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $6,000,000.'''. I 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 begs leave to report that it sat on Monday, August 27, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the matter of tag days in the City of Saint John, Council adopt the recommendation of the City Manager that, as the present system of approval by the Mayor's Office has generally been working well and, as this practice carries with it the prestige of the Mayor which would be more effective in persuading taggers to co-operate than a committee or a City employee under the possible authority of a by-law, no change be made in the present effective procedure for handling tag days in the City. .... 470 ~ 2. That the City of Saint John donate its during the forthcoming Papal Visit with the City in good condition. 1,500 bleacher seats to the City of Moncton for use of Moncton to guarantee the return of the bleachers 3. That as recommended by the City Manager, the proposed rental agreement with the Big Book Group for space in the Pugsley building at 110-114 Prince William Street, which was for a period of one year from January 1, 1984 but which was never officially accepted by this group, be honoured by the City and that this group be advised that tenancy will end December 31, 1984; that the Big Book Group be advised that the two rooms adjoining the Unity Club will be available to it at an economic rent of $192.00 per month or $2,304.00 per year and that Council will consider its request for a grant to cover the rental if such request is made; that the Unity Club be advised that the space it occupies in the said building is to be reduced by the 460 sq. ft. offered to the Big Book Group effective September 30, 1984 so that the Big Book Group may make the rooms suitable for its use, and that the request from the Unity Club for a grant to cover the rent for 1984 be approved at $2,233.00 being for nine months on the total area and three months on the reduced space and that the said groups be advised that requests for grants must be accompanied by the appropriate financial information. 4. That as recommended by the City Manager, the amendments to the mortgage with CIBC Mortgage Corporation for the Harbourside Apartments, which was approved,by Council on April 18, 1983, such amendments which change the term from one to five years, the interest rate from 25% to 15.25% and the interest adjustment rate from September 1, 1984 to August I, 1984, be approved and the Mayor and Common Clerk be authorized to execute all and any necessary documentation in this regard. 5. That as recommended by the City Manager, -the position of Computer Operator ~ Shift Work, Group 4, be added to the establishment of the Finance Department, at a salary range of $19,206.00 to $21,114.00. 6. That with regard to equipment tenders, Council adopt the recommendation of the City Manager that a penalty clause be included in all future equipment tenders with regard to late delivery to combine the bid deposit and per diem penalty so that the deposit would be retained as a penalty for late delivery and costs incurred by the City from the promised delivery date until the actual delivery date and, if the City's additional costs exceed the amount of the bid deposit, the per diem penalty would be imposed to make up this difference. Tuesday, September 4, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section I of the above report be adopted. . ,-Lt. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Councillor A. Vincent suggested that the City of Saint John should offer the City of Moncton any assistance possible during The Papal Visit and refer this matter to the Mayor, the President of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. and to the Acting Chief of Police. The Mayor noted that the City of Moncton will be responsible for transporting the bleacher seats and ensuring that they are returned in good condition. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Her Worship the Mayor, in consultation with the Acting Chief of Police and the President of Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., offer to assist the City of Moncton during the forthcoming Papal Visit. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. . I I . I . I I . ~ ~ ~11 . I I . I . I I . ~ At the request of the Mayor, Mr. Hanlon explained that, after discussions with automobile dealers in the City regarding the City's position insofar as the importance of obtaining its equipment within specified periods is concerned, the above-proposed penalty clause should ensure that the City's costs are recouped without placing any undue burden on the dealers. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the 1983 Annual Report of The Saint John Bicentennial Inc. be received and filed. Councillor Knibb suggested that, while the members of the above group are to be commended for their efforts in this regard, The Saint John Bicentennial Inc. should be encouraged to submit its annual report at an earlier date so that it can be used as a guide for expenditure of funds for the ensuing year. Her Worship the Mayor expressed appreciation to the members of this group and noted that many NB Tel employees are active in same. The Mayor noted that the log cabin, which was constructed by School District 20 as a Bicentennial Project and is currently at Bayside Junior High School, has been offered to the City whereupon Mr. McDermott advised that this log cabin will be placed on property to the left of the Reversing Falls facing Centracare. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the request of New Brunswick Principals & Vice Principals Council for financial assistance in the form of a grant in the amount of $1,000.00 with respect to the National Conference of Canadian Association of Principals to be held in Saint John in May 1985 -- be referred to the Grants Advisory Board for review and recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Couneillor Sehermerhorn RESOLVED that the letter from Mr. William W. Black offering to sell to the City property on Loch Lomond Road -- be referred to the City Manager for a report and recommenda- tion. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Gerald Lynch offering to sell to the City property at 15 Delhi Street -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Sehermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. & Mrs. Peter Hanlon requesting Council to address a problem on Mark Drive caused by a continuous flow of water coming from beneath a power box on the property adjacent to 182 Mark Drive, such problem having been addressed by the City's Engineering and Works Department but continues to be unresolved, and suggesting that, if the leak or the source of the water flow cannot be found, a drain-off be installed to connect to the sewerage system -- be received and filed. Councillor Schermerhorn expressed the understanding that the source of the problem on Mark Drive has been identified and corrected. Question being taken, the motion was carried. On motion of Couneillor Schermerhorn Seconded by Councillor Gould RESOLVED that the petition from residents of the block of Charlotte Street West, between Watson and Lancaster Streets, requesting that new sidewalks with grass strips be installed on both sides of the street as soon as possible be referred to the City Manager for consideration in the 1985 Capital Budget with remedial maintenance work to be performed in the fall of 1984. Councillor Poley expressed concern that trees on Manawagonish Road might be damaged as a result of work currently being carried out on curbs and sidewalks on the Main Street end of Manawagonish Road and asked what action, if any, is being taken to prevent damage from occurring. Mr. Robichaud replied that staff has been instructed to attempt to tunnel under the root mass of trees, rather than cut through same, thereby disturbing the trees as little as possible. A brief discussion ensued regarding temporary repairs being carried out on sidewalks in the City whereby asphalt patching, rather than concrete, is used on same. Question Deing taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letters from Mary Palmer, New Democrat Candidate for Saint John, Clifford G. Warner, Liberal Candidate for Saint John, and G. S. (Gerry) Merrithew, Progressive Conservative Candidate for Saint John, replying to Council's resolution of August 20, 1984 requesting the opinion of the Saint John candidates for the forthcoming Federal election of the queries broached in a pamphlet from the Federation of Canadian Municipalities -- be received and filed and they be thanked for their responses in this regard. Question being taken, the motion was carried. 472 ., , On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the notices from the Liquor Licensing Board . advising that the applications of Smitty's Pancake Houses Ltd. for dining room"and lounge licenses, and University of New Brunswick - Saint John Campus for a special premises (cultural) license, with regard to premises at 220 McAllister Drive and Tucker Park, respectively, will be heard on September 7,1984 -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Rose Cornblat to the editor of the local newspaper regarding the condition of the viaduct walkway. On motion of Councillor Schermerhorn I Seconded by Councillor Flewwelling RESOLVED that the City undertake 'emergency repairs to an area of the viaduct walkway where the concrete is broken through thereby creating a hazard to pedestrians and notify the appropriatecProvincial officials of the said problem. Councillor Schermerhorn suggested that, although the Province owns the viaduct 'and is responsible for repairs to same, there is a large hole on the sidewalk which is potentially dangerous to pedestrians and should be temporarily repaired by the City pending appropriate action by the Province to rectify the problem. I Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor ,Gould RESOLVED that the letter to Her Worship the Mayor from the Canadian Paraplegic Association, expressing congratulations to the City on being the first municipality of the Province to officially adopt a disabled parking by-law -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 0/1AI~" ~r I At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of September, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commi,ssioner of Finance; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commis- sioner of Community Planning and Development; M. Winch, Deputy Com- missioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Mr. Robert Freill, Deacon of the Roman Catholic Diocese of Saint John, offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that minutes of the meeting of Common Council, held I on September 4, 1984, be adopted. Question being taken, the motion was carried. Councillor Gould referred to a ~uery at Council's last meeting respecting supervlslon at the cold mix plant off Millidge Avenue and requested clarification on whether or not such security is in effect on a twenty-four hour basis to which Mr. Robichaud replied that there is not a twenty- four hour watch at the site in question and added that the vandalism to the subject e~uipment occurred during the daylight hours. . Her Worship the Mayor declared the week of September 10 to 14, 1984 to be Letter Carriers' Week in the City of Saint John and welcomed the members of the Letter Carriers' Union of Canada to the City for their National Convention. ~ ,.... kl 'f d3 The Mayor noted that the 527 Simonds RCA Cadet Squadron has received recognition as being the best in the Province of New Brunswick and is attempting to earn National recognition in this regard. . (Councillor Knibb entered the meeting.) Her Worship the Mayor extended on behalf of Common Council an expression of sympathy to the family of the late Mrs. John F. H. Teed, who passed away on September 6, 1984. I "co,, 'ller Worship the Mayor, in compliance with a previous suggestion of Councillor Poley that the public should be made aware of forthcoming vacancies on City committees, commissions, etc. in order that they can submit their resumes to the Common Clerk for consideration by the Nominating Committee should they be interested in serving on same, read a list of committees, commissions etc. on which vacancies will occur as of December 31, 1984. (Councillor A. Vincent entered the meeting during the foregoing remarks. ) On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt August 30-September 5,1984 $27,474.55 A brief discussion ensued regarding work currently being performed on Catherwood Street and Manawagonish Road, as well as what, if any, repairs will be made to the section of City Road near Garden Street and to the sidewalk on Adelaide Street, between Victoria and Durham Streets. Questlon being taken, the motion was carried. (Councillor Poley withdrew from the meeting due to a possible conflict of interest.) . Consideration was given to a letter from the City Solicitor regarding property at 100-102 Rodney Street which is owned by W.A.C. Excavators Limited and is allegedly the site of a Zoning By-Law violation, such matter having been the subject of a petition to Council at its May 14, 1984 meeting and subsequently discussed on July 3, 1984. The letter notes that such property is located in an "R-2" One- and Two-Family Residential zone and has been apparently used for, among other things, a building equipment and material storage yard, which is a use not permitted in such a zone under the Zoning By-Law, nor does the Planning Branch consider it to be a "non-conforming" use which might have been allowed to continue under Section 40(2) of the Community Planning Act. The letter advises that, although W.A.C. Excavators Limited had complied with an order served upon it by the Building Inspector in July 1984, subsequent inspection reports indicate that the violation continues, therefore, the next step in the procedure to attempt to enforce the Zoning By- Law with respect to this property is to make an application to the Court of Queen's Bench of New Brunswick for an appropriate order by a judge of that court, and submits a resolution for Council's consideration should it wish to make such an application to the court. On motion of Councillor Schermerhorn I Seconded by Councillor Davis RESOLVED that the City Solicitor or his designate be authorized to make an application to the Court of Queen's Bench of New Brunswick in accordance with the provisions of the Community Planning Act (Chapter C-12 of R.S.N.B.) for an appropriate order with respect to the Zoning By-Law violation at 100-102 Rodney Street, Saint John, N.B. . Councillor Knibb expressed opposition to the above motion on the basis that, although people should obey by-laws, in this time of depression it is not appropriate to be taking a small businessman, who is attempting to provide employment, to court and he added that there may be a better route to take than through the court which could prove less costly. A brief discussion ensued regarding the length of time the subject company has been in business on the site in Question and Mr. Johnson advised that the use of the subject site which is in violation of the By-Law has not been established as a similar and compatible non- conforming use nor has an application been made by this company to the Planning Advisory Committee to have it so established although W.A.C. Excavators, on many occasions, has been advised of the opportunity it has to appear before the said committee to have this matter resolved. Question being taken, the motion was carried with Councillor Knibb voting "nay". (Councillor Poley re-entered the meeting.) Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. William Kirk have been completed and that the reQuired waiting period for objections expired on September 6, 1984 with no written objections having been received. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. William Kirk for a Municipal Plan amendment and re-zoning of property on Westfield 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 October 15, 1984. I Question being taken, the motion was carried. 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 begs leave to report that it sat on Tuesday, September 4, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, approximately 1,500 sq. ft. of space at 320 Charlotte .... 41'14 .., Street be leased to the Cores Group under the following terms and conditions:- (1) the term to be for 3 years from September 1, 1984; (2) the rental to be $150.00 per month in advance; (3) the area rented to be 1,500 sq. ft. as shown on the submitted plan; (4) an escalation clause to be included to cover any increase in operating expenses over those experienced in 1983 except those expenses for heat and electricity, such charge to be calculated as the portion of any increase found by taking the ratio of the area occupied to the total rentable space in the building excluding the second floor; (5) a cancella-'. tion clause to be included allowing a 30-day notice to vacate by either party but stipulating that the City would pay for the cost of improvements estimated at $2,000.00, which the said company is prepared to incur, on a pro-rata basis if the requested termination of the tenancy was requested by the City with the said company to supply the City with copies of any receipts showing payment for renovations done to the premises: (6) no renovations to be started until approval is received from the Property Management Branch and a building permit is received from the Building Inspection Department; (7) the premises to be leased on an "as is" basis with the said company to be responsible for the installation of a new meter and electric heat units to cover only the premises it occupies; and (8) the said company to be responsible for the cost of heat, electricity, cleaning, garbage removal, interior maintenance and decorating of the leased premises. . I 2. That as recommended by the City Manager, Lot B on Crown Street, as outlined on the submitted map, be leased to Downey's Ltd. for the period July 1, 1984 to June 30, 1989 at an annual rental of $1,645.60 and that the Mayor and Common Clerk be authorized to execute any and all documentation related to this matter. 3. That as recommended by the City Manager, approximately 126 sQ. ft. of land on the corner of Francis Street, which is presently being used as part of the said street, be acquired from Mr. & Mrs. Edward Saltzman for the sum of $100.00. I September 10, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. A motion was proposed by Councillor Knibb and seconded by Councillor Gould that section 1 of the above report be adopted, however Councillor Vaughan noted that clause (5) thereof is to include a 6-month provision with respect to cancellation. . On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 1 of the above report be adopted with the following words to be added to clause (5):- "and, unless the cancellation occurs within the first six months, the City would be the beneficiary of the proposed rental". Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. I Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Councillor A. Vincent asked for a report from the City Manager concerning the use of City property in the area of the Marco Polo Bridge for parking purposes by employees of a nearby garage suggested that, either a "no parking" sign be erected on this property or the persons be charged accordingly. and . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Loyalist Days Inc. thanking Council for its continuing support of the Loyalist Days Festival and expressing the opinion that the Festival in 1984 was a major success -- be received and filed and the members of Loyalist Days Inc. be thanked for their efforts in this regard. Question being taken, the motion was carried. I Consideration was given to a letter from Mr. Wayne Doucette requesting to purchase property on Tisdale Lane. Councillor Vaughan expressed the understanding that, although Mr. Doucette has been attempting to purchase the subject property on Tisdale Lane for approximtely two years, the City has yet to receive title from the Province from same. Mr. McDermott advised that the City is continuing to make every possible effort to expedite this matter with the Province and it is expected to have title to the subject property before the middle of the month. I On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the letter from Mr. Wayne C. Doucette reQuesting to purchase Lot 11, Block 10 on Tisdale Lane -- be received and filed with the City Manager to expedite aCQuisition of the title of the subject property from the Province of New Brunswick. Question being taken, the motion was carried. Read a letter from Mr. John Biggar requesting, on behalf of residents of Duke Street West, legislation to prohibit trucks from travelling on this street as it is a residential area and many children must cross the street on their way to New Albert, Havelock and Beaconsfield Schools. . ... JI"" -41 1~ Councillor Schermerhorn proposed a motion, which was seconded by Councillor Vaughan that the above matter be referred to the City Manager and staff for investigation and a report to Council, whereupon Councillor Murray asked that a report also be submitted with respect to truck traffic on Manawagonish Road which continues to be the subject of complaint from residents of the said area. Mr. McDermott advised that the truck traffic situation on Manawagonish Road is presently being monitored and a report is expected the week of September 17, 1984 from the Acting Chief of Police. Councillor M. Vincent suggested that the overall matter of truck traffic in the City of Saint John should be reviewed with a report thereon submitted to Council. . On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from Mr. John Biggar, on behalf of residents of Duke St~eet West, regarding truck traffic on the said street, be referred to the City Manager for a report to Council on the matter of truck routes within the City of Saint John. Question being taken, the motion was carried. ',.. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. ~g !jJz//r~ Common Clerk . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of September, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - I Messrs. N. Barfoot, Assistant City Manager - Administration; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Brownell, Assistant Director of Recreation; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Bill Spangler, Pastor of Seventh Day Adventist Church, offered the opening prayer. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on September 10, 1984, be adopted. Question being taken, the motion was carried. Her Worship the Mayor referred to the appointment of The Honourable Gerald S. Merrithew during the swearing-in ceremonies of the Federal Cabinet earlier this date as Minister of State for Forestry and suggested that Council should officially congratulate The Honourable Mr. Merrithew in this regard. On motion of Councillor Poley I Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John extend congratulations to The Honourable Gerald S. Merrithew on his appointment as Federal Minister of State for Forestry. Question being taken, the motion was carried. I Her Worship the Mayor expressed condolence to the family of the late Mr. Charles E. (BUd) Ryder, an employee of The New Brunswick Telephone Company Limited, who passed away on September 17, 1984 and noted that the late Mr. Ryder was involved in The Saint John 1985 Canada Summer Games Society, Inc., and the Great Participaction Day Challenge. Her Worship the Mayor extended sympathy to the family of the late Senator Daniel A. Riley of Saint John, whose death occurred on September 13, 1984 and noted that the late Senator Riley represented Saint John - Albert in the House of Commons from 1949 to 1953, as well as Saint John in the Provincial Legislature where he served as Chairman of the New Brunswick Electric Power Commission and he held several other appoint- ments until he was summoned to the Senate of Canada in 1973, and also commented on his involvement in the efforts to restore the Via rail service to the City of Saint John. . The Mayor commented on her attendance at a ceremony held at the Notre-Dame de l'Assomption Cathedral in Moncton, N. B. on September 13, 1984 on the occasion of the visit of Pope John Paul II, and noted that Mr. ~obn McNamee, President or Saint John Policemen's Protective Association, Local No. 61, C.D.P.E., addressed those assembled at the Cathedral on behalf of labour. ... 4\76 "'IIIl The Mayor noted that, as reQuested by the Federal Business Development Bank and announced earlier this date, the City of Saint John will host a one-day business information fair on October 24, 1984, during Small Business Week to be held at the Saint John Trade and Convention Centre and to feature 38 exhibitors comprised of Federal, Provincial, Municipal and business organizations. The Mayor added that this fair has been organized by the said Bank in co-operation with the Saint John Board of Trade. With regard to new business in the City, the Mayor noted that Paul Burden Ltd. recently opened at a new location on Manawagonish Road and the Journey's End Motel is now open on Fairville Boulevard. . Her Worship the Mayor read a proclamation proclaiming September 20 to 22, 1984, as Luxor Temple Shrine Paper Crusade Days in the City of Saint John, which is a project of this group in support of the Shrine Orthopedic and Burns Hospitals for children. The Mayor referred to an incident on September 14, 1984 where a citizen of Saint John fell into the Saint John Harbour from the wharf at Market Square and was.resc~ed b~ a young man by the name of David Raymond from Amherst, N. S., who was visiting ~he Clty wlth hls fat~er and family friends, and reQuested the members of Council to commend Davld Raymond by resolutlon for his quick action and bravery which averted a tragedy. I On motion of Cbuncillor Gould Seconded by Councillor Vaughan RESOLVED that the Common Council of the City of Saint John commend Mr. David Raymond for his quick action and bravery in the rescue of a person from the Saint John Harbour on September 14, 1984 thereby averting a tragedy. I Question being taken, the motion was carried. Councillor Murray extended an expression of sympathy to the family of the late Mrs. Marion Hosford, wife of Inspector Lloyd Hosford of the Saint John Police Department, who passed away on September 15, 1984. Public presentation was made of a proposed amendment to the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to reclassify a parcel of land containing approximately 1 acre with a frontage of 225 feet on Albert Street, being part of the land identified as L.R.I.S. Number 380410 located as shown on the submitted sketch above Shamrock Park and two ttrpee~~t~~e~ ara~~ent buildings on Newman Street, from Medium Density Residential to Commercial classification,. to provide for the re-zoning of the said parcel to "B-2" General Business classifica.~~.rJ:.~,~ tion to permit the construction of a plumbing contractors shop, such shop to be located in the basement of one of two twelve-unit apartment buildings which are to be constructed, as requested by Mr. Brant Hickman. . Public presentation was made of a proposed Municipal Plan amendment to reclassify a lot at 325 Lancaster Avenue with a frontage of 123 feet on Lancaster Avenue and a depth of 383 feet (L.R.I.S. Number 35295), from Medium Density Residential to District Centre Commercial classification, to provide for the re-zoning of the lot to "B_2" General Business classification to permit the conversion of the existing building to Bed and Breakfast operation, as reQuested by Constance and Daniel O'Reilly. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt September 6-12, 1984 Steele Trucking Ltd. - supply of gravel August 16-31, 1984 City Manager, authority $10,121.20 $ 8,911. 55 Mr. Barfoot, replying to a Query of Councillor M. Vincent, advised that the asphalt contract terminates on November 30, 1984. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the following tenders be accepted for supplying vacuum trucks on a rental basis from date of award until July 31, 1985:-(1) 2500 U.S. Gallon Unit - Barrington Industrial Services - $43.00 per hour; (2) 4000 Imperial Gallon Unit - Carp's Septic Tank Service Ltd. - $66.00 per hour; (3) 2500 u.S. Gallon Separator Unit - Barrington Industrial Services - $51.00 per hour; and (4) 2500 U.S. Gallon Vacu-Jet - Barrington Industrial Services - $71.00 per hour. I Mr. Hanlon, replying to a query of Councillor Schermerhorn, explained the reason for the above recommendation, particularly with respect to why the tendered prices of Melanson's Septic Tank Service Ltd., are not being recommended. In reply to a query of Councillor Vaughan, Mr. Hanlon advised that the tender in question allowed the bidders to indicate the types and sizes of equipment available for rent. A brief discussion ensued with respect to questions broached by Councillors Murray and M. Vincent concerning the use of (3) and (4) above which is specialized eQuipment and the reason for the tendered prices being in imperial or U.S. gallons. On motion of Councillor Knibb I Question being taken, the motion was carried. Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Robert J. Fudge Ltd., in the amount of $9,573.00, be accepted for roof renovations at the Lancaster Centennial Arena on Dever Road. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for crackfilling be awarded to the low tenderer, namely, Norlantic Paint (Maritimes) Limited of Moncton, N.B., in the amount of $20,000.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. ~ ,.. f)/n Question being taken, the motion was carried. . On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Crane Supply, in the amount of $53.00 each, be accepted for supplying the City's 4%" gate valve box requirements until September 30, 1985. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender of Arbing Equipment, in the amount of $15,835.60, be accepted for supplying one only Model 484 International Tractor. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor'Knibb RESOLVED that the letter from the City Manager regarding the Fire Protection Agreement with the Province of New Brunswick relating to the provision of fire protection to the Mispec Road area which was approved by Council on April 26, 1982, advising that an alteration to section 2.2 thereof to change the cost with respect to manpower from $11.00 per hour to $13.64 per hour was requested by Fire Chief P. Clark and agreed to by the Province, and recommending that the Mayor and Common Clerk be authorized to execute the amended agreement -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. . Read a letter from the City Manager regarding the Simonds Parish Hall building on Bayside Drive. The Mayor noted that a recommendation regarding the above item is also included in the Committee of the Whole report of September 10, 1984, which is to be considered later in this meeting. On motion of Councillor Knibb I Seconded by Councillor Murray RESOLVED that the letter from the City Manager regarding the Committee of the Whole recommendation of September 10, 1984 concerning the listing for sale of the Simonds Parish Hall building on Bayside Drive after it is concluded that the Simonds Senior Citizen's Club is unable to acquire this building, advising that the said Club has notified the City that it is no longer interested in the aCQuisition of the building and recommending that, as it is in order for the listing for sale to proceed, the former Simonds Parish Hall on Bayside Drive be listed for sale with Canada Permanent Trust Real Estate for a period of 90 days at a commission not to exceed 6% -- be received and filed and the recommendation adopted. Councillor Flewwelling asked why it is necessary to utilize the services of real estate companies for the sale of City buildings when there is staff responsible for looking after City buildings and properties to which Mr. Todd noted that Council adopted the procedure for the sale of surplus City buildings and that real estate firms have greater access to potential customers than the City would have. Councillor M. Vincent asked what happens to tenants of City buildings which are sold in this manner and whether or not the City can attach conditions to the sale that the tenants in such buildings be permitted to remain therein for a certain length of time to which Mr. Todd replied that, although such matters are normally left to the purchaser, many leases have 30-day termination clauses which could allow the purchaser to terminate same on a 30-day notice. . Question being taken, the motion was carried. I Notice had been sent to Ruth Gourley and H. James Baxter, Owners, to appear at this meeting to show cause, if any, why the building located at 25-27 Golding Street (L.R.I.S. Number 15982), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. Mr. Johnson displayed photographs of the said building and advised that it has been allowed to deteriorate for several years and has been vacant and vandalized to the point that it is basically beyond repair and that, based on discussions with at least one of the owners, they have no interest or ability to repair the subject building. Mr. Johnson stated that this 2-~ storey woodframe building is dangerous and dilapidated, and he would recommend that the said building be declared dangerous and dilapidated and the owners be compelled to destroy or remove the building under the provisions of the 1925 Building Act. No person was present with respect to the said building. On motion of Councillor Gould I Seconded by Councillor Poley RESOLVED that notice having been given to Ruth Gourley and H. James Baxter, being the owners, as appears by the records of the Registrar of Deeds for the County of Saint' John, of the building located at civic number 25-27 Golding Street (L.R.I.S. Number 15982), in the City of Saint John, requesting that the said owners appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 25-27 Golding Street, in the said City, to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Ruth Gourley and H. James Baxter, are hereby required to remove or destroy the said building situate at civic number 25-27 Golding Street, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: . AND BE IT FURTHER RESOLVED that upon failure of the said Ruth Gourley and H. James Baxter, to remove or destroy the said building situate at 25-27 Golding Street, in the City of Saint John, in compliance with the reQuest of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Ruth Gourley and H. James Baxter. Question being taken, the motion was carried. ..... ~~8 ~ On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the procedure for the approval of release notices, which was broached at Council's meeting of September 4, 1984 during consideration of the procedure for requisition approval; noting that release notices are used to authorize release of goods or services from a company which was awarded a contract by the City to supply such goods or services and to record transactions, notify other departments and verify that payment should be made to a supplier, as indicated on the submitted sample of a release notice; advising that other organizations which have adopted a system of levels of authority for requisition approval have specified that release notices can be authorized by the individual assigned this responsibility by the department head and that, after a detailed review by the Commissioner of Finance and the Assistant City Manager - Operations, it is considered that this policy, in conjunction with the controls already in place, would work well in the City of Saint John, and recommending that Council adopt the following pOlicy, namely:- goods and services obtained by the City of Saint John using the release notice method can be authorized by individuals in Level 5 and above, assigned this responsibility by the department head -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. . I Consideration was given to a letter from the City Solicitor regarding the request of Mr. Ralph J. Broderick, solicitor for Mr. Thomas J. McGrath, that staff be instructed to enter into negotiations with respect to the possible sale to the City of property owned by Mr. McGrath on I Second Loch Lomond Lake, which was considered by Council on April 30, 1984, noting that Mr. Broderick in his correspondence suggested that, in light of the need for a Quieting of Title to confirm Mr. McGrath's ownership, the parties negotiate a purchase price and subsequently undertake a quieting procedure of the land in question which consists of approximately 33 acres on the shore of the Second Loch Lomond Lake as indicated on the submitted plan. The letter refers to ,the aCQuisition of a deed to the area in question from Miss Helen M. Nagle in June of 1968 at which time the Council resolution authorizing the purchase stated a price of $2,900.00 and the City's records indicate that Miss Nagle held a one-eighth undivided interest in the property though her deed does not reflect this limited interest, and suggests that, if the City is interested in acquiring good title to the lands in question, negotiations with Mr. Broderick be premised upon the express condition that a . purchase by the City would occur only when Mr. McGrath has successfully undertaken a Quieting of titles procedure and received a Certificate of Title confirming his ownership in the land with the exception of the interest acquired by the City. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the above Manager to determine the City's interest in purchasing the subject a price with a purchase by the City to occur only when Mr. McGrath quieting of title procedure. matter be referred to the City property and, if so, to negotiate has successfully completed a Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, September 10, 1984, when there were present Mayor Wayne and Councillors Davis, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- I 1. That Common Council approve the following list of real estate companies to be used on a rotating basis for the sale of City buildings:- (1) Bay City Real Estate Ltd., (2) Canada Permanent . Trust Company, (3) Central Trust Company, (4) Century 21 Clark & Sleigh Realty Ltd., (5) Century 21 Tri-Town Realty Ltd., (6) Kincade Associates Realty Ltd., (7) RE/MAX Professionals Ltd., and (8) Royal Trust Real Estate Sales. 2. That the following recommendations of the City Manager be adopted, namely:- (1) that the following buildings be listed for sale with the listing price for each building to be set after consultation with the real estate company concerned but in all cases the minimum price to be the appraised value as estimated by City staff: (1) Parish Hall, Bayside Drive, (2) City Road Armoury building, City Road, (3) Brodie building, 42 Princess Street, and (4) Baler building, Pokiok Road; (2) that the City Road Armoury be listed for sale with'Kincade Associates Realty Ltd. for a period of 90 days at a commission varying downward from 6%; (3) (a) that the Baler building on Pokiok Road be offered to the present tenant, R. & R. Wrought Iron, at the appraised value and (b) that, if the said tenant is not interested in acquisition, the subject building be listed for sale with Century 21 Clark & Sleigh Realty Ltd. for a period of 90 days at a commission not to exceed 6%; (4) that the former Simonds Parish Hall on Bayside Drive be listed for sale with Canada Permanent Trust Company for a period of 90 days at a commission not to exceed 6%, such listing to take place only after it is concluded that the Simonds Senior Citizen's Club is unable to acquire the said building; (5) that the Brodie buiding be listed for sale with Century 21 Tri-Town Realty Ltd. for a period of 60 days and at a commission not to exceed 6%; and (6) that the Mayor and Common Clerk be authorized to execute any documents necessary to complete these listing arrangements. I I . ~ ,.... 4l?~ . I I . I . I I . liI.. 3. programs wi th the That as recommended by the City Manager, Council adopt a policy to permit the sale of computer to other municipalities at a price not less than 10% of the estimated cost of development, together restriction that the purchaser not be able to resell the programs to another municipality. 4. That as recommended by the City Manager, authority be granted to advance an amount of $10,000.00 for start-up expenses related to the 1985 Annual Convention of the Chiefs of Police to be held in Saint John on August 24 to 31, 1984. September 17, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section I of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted with the exception of part (4) thereof which was considered earlier in this meeting. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Her Worship the Mayor expressed the understanding that the above amount will be recovered by the City. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from The Boys & Girls Club of Saint John Inc. requesting the City to sponsor the opening luncheon at the National Conference of The Boys and Girls Clubs of Canada to be held in Saint John on April 18 to 20, 1985 -- be referred to the Grants Advisory Board for consideration and recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mr. Brian Holland requesting repairs to a corner on the Sproule Road which he considers to be very dangerous as it is narrow and visibility of oncoming traffic is limited -- be referred to the City Manager for investigation and a report at Council's next meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mrs. James McCaig requesting that an inspection of the property on 296 Westmorland Road be carried out and an investigation be made into the use of such property with the possibility of ceasing the operation of repairing and painting cars which is being performed at this location -- be referred to the City Manager and Building Inspector for investigation and a report at Council's next meeting. ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan " RESOLVED that the letter from Knights of Columbus Property-Company Limited requesting permission to build a ramp for handicapped persons to this group's property on Coburg Street -- be referred to the City Manager for a report at Council's next meeting. The Mayor commended the Knights of Columbus for the work being carried out on the subject property. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 7Z;J/cl!i:f/~ ~BO ~ 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 September, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; C. E. Nicolle, Director of Recreation and Parks; J. Griffin, Traffic Engineer; Mrs. E. Grosweiner, Social and Cultural Affairs Officer; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend John Nesbitt of the Church of St. Andrew and St. David offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on September 17, 1984, be adopted. Question being taken, the motion was carried. (Councillor Gould entered the meeting.) The Mayor noted the presence in the Council Chamber of Messrs. Brian McCarthy, Chairman, and Del O'Brien, Vice Chairman, of Career's Expo 84, and invited them to address Council with respect to this exposition. Mr. McCarthy addressed Council and explained that Career's Expo 84 is an educational venture which attempts to increase career awareness among grade 9 to 12 students in School District 20, such exposition to take place in Saint John on October 2 to 5, 1984 and to consist of approximately 55 different exhibitors representing over 300 career clusters and that it is expected that approximately 6,000 students will participate in this exposition. Her Worship the Mayor welcomed to the Council Chamber recipients of awards under The Duke of Edinburgh's Award in Canada program, participation in such award program representing a personal commitment by young people to constructive endeavour, promoting qualities of self-discipline, self- help and self-reliance. The Mayor noted that the recipients of the Gold Award Pins .will receive their Gold parchments from Prince Philip in ceremonies in Moncton on Wednesday, September 26, 1984. The Mayor and Deputy Mayor made the following presentations:- Bronze Award Certificates: Serge Beaulieu, Shawn Clark, Angela Corscadden, Selina Mierwa, Brian Robichaud and Geordie Savoy of 527 Simonds Air Cadet Squadron; and Gold Award Pins, representing the successful completion of the highest level of the Award Program: Leigh-Ann Hayes of 1st Carleton Rangers; Kimberley Black, Randall Clark and Lorna McLean of 527 Simonds Air Cadet Squadron; Christopher Vair of 21st Courtenay-Forest Hills Venturers Jeoffrey Duplessis, Brent Fallon and Mel Vincent of Forest Hills DEA Group; and Norma Marratt of Rodney Sea Cadet Corps. Her Worship the Mayor invited Mrs. Doreen Tuomola of Toronto, Ontario, to address Council at this time. Mrs. Tuomola presented, on behalf of the family of the late Frank AllisDn, who was her uncle, an original sketch and watercolour painting to the permanent art collection of the City of Saint John. Mrs. Tuomola noted that the late Mr. Allison was a Saint John artist and she briefly commented on his business and artistic career which took him to various parts of the world, including the Mediterranean which is the subject of the watercolour presented. The Mayor thanked Mrs. Tuomola, on behalf of the City, for this gift.' . I I . I . The Mayor noted that the United Way Campaign commenced today and she encouraged citizens to contribute to this Campaign, the objective of which is to raise $981,000.00 to assist the 28 various I agencies concerned. Her Worship the Mayor advised that an open meeting will be held with respect to the future of the Dr. William F. Roberts Hospital School on September 27, 1984 at St. Malachy's High School. Read a letter from Councillor Flewwelling reQuesting a report on how long it will take to replace the centre flagpole on Fort Howe which, at present, flies the Canadian flag lower than the other two, which is not correct. Mr. McDermott advised that the necessary action regarding the above matter will be taken early in the week of October 1, 1984 and added that, in the interim, the two flags other than the Canadian flag will be removed until the poles for same can be shortened to size. Consideration was given to a letter from Councillor Flewwelling reQuesting that Council be informed of what action is being taken, if any, to reduce the speed of transports using Dever Road, when the main street that traffic should be using is the Provincially-owned street, namely, Manawagonish Road. Councillor Flewwelling advised that, in view of the City Manager's letter respecting truck routes to be discussed later in this meeting, he will withdraw the above letter from the agenda. Read a letter from Councillor Flewwelling asking when action will be taken to complete the repairs on Manawagonish Road and also asking that staff explain why the curbs on this street have been built so high, making it difficult for residents to get in and out of private driveways. I . ~ II"" 4W~ . I I . I . I I . ..... Mr. McDermott advised that the repairs on Manawagonish Road will be completed prior to the end of October and that, with regard to the walks which have been disturbed by the different heights of the curbs, staff has met with many of the area residents concerned and will meet with the remainder of same during this week in order to reach an agreement concerning appropriate action to take in this regard. Mr. Armstrong explained that the curbing in question was installed in anticipation that Manawagonish Road will be repaved and that, unt il such resurfac ing is carried out, the curb will have the appearance of being high, and added that this resurfacing is expected to be carried out within two years and that an asphalt pad is yet to be installed adjacent to the entire length of the curbing, the latter work expected to be carried out on September 26, 1984 depending on weather conditions. Councillor M. Vincent asked if there is any ramification to planing a street as was done on a portion of Manawagonish Road insofar as engineering elevation problems are concerned to which Mr. Armstrong replied that such planing was carried out in 1981 to control a drainage problem which subsequently causes the curbing installed in the subject area to be unnaturally high until the asphalt is padded back into this area. (The Mayor withdrew from the meeting during the foregoing discussion whereupon the Deputy Mayor assumed the Chair.) On motion of Councillor Vaughan Seconded by Councillor Gould RESOLVED that the above letter from Councillor Flewwelling be received and filed. Question being taken, the motion was carried. LThe Mayor re-entered the meeting and re-assumed the chair.) Read a letter from Councillor Knibb regarding the Market Action Committee, to which he and Councillors Murray and Schermerhorn were appointed by the Mayor in June 1983 to work with City staff to advance the renovation of the City Market building and to see that the commercial life of the market was being well handled by the Deputy Clerk, Mr. Lorne Enright; referring to this Committee's progress over the past fifteen months during which time the Market tenants accepted in good faith a substantial increase in rent after being advised of the changes needed in the renovation of the Market tower and in the installation of a new electrical system throughout the Great Hall, and The Rocca Group Market Square Development Limited, under the capable direction of Mr. Derek Fletcher, Project Manager, presented a comprehensive plan for renovations to the Great Hall of the Market, such renovations to cost a total of approximately $2.6 million. The letter notes that Council authorized the purchase of $16,000 worth of bricks in December 1983 so that work could be commenced on the Germain Street exterior wall of the Market building but at this point the said Committee's proposals were turned aside and Federal Government funding was not available. The letter refers to the subseQuent involvement early in 1984 of the Deputy Mayor in a one-man task force to address the structural problems of the Market and Mr. Derek Fletcher's withdrawal of the services of The Rocca Group Market SQuare Development Limited as Project Manager and to the report from Mr. C. Robichaud asking for emergency repairs to the roof trusses of the Market building, which was considered in Committee of the Whole on September 17, 1984 and 'stating that, in view of the change in direction over City Market renovations, he feels that he has to withdraw from the Market Action Committee and respectfully submits his resignation as Chairman of same. Councillor Knibb advised that, although he regrets to inform Council of his resignation as Chairman of the Market Action Committee, he does so because he does not feel that Council has acted with wisdom or prudence in listening to the advice of its Committee. Councillor Knibb expressed the opinion that Council has not addressed the fact that the City has a priceless heritage in the City Market building and that, unless action is taken in the immediate future, this building will collapse and that City financing is necessary to indicate the City's commitment to this building to subsequently obtain funding from the other levels of government. Councillor Knibb requested that Council appoint another committee which will take over the project in question. (Councillor A. Vincent entered the meeting during the foregoing remarks.) The Mayor thanked Councillor Knibb for his efforts on the Market Action Committee and noted that, despite an approach to the Federal Government, funding for the Market was not forthcoming as Federal officials requested additional information and would not accept what was given them by The Rocca Group and she elaborated on the attempts of the City to obtain both Federal and Provincial funding for the City Market renovation project which led to the request by a Federal official for Deputy Mayor Davis to look at the Market building and report to him. The Mayor suggested that a motion to receive and file the above letter is in order. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that Council accept the resignation of Councillor Knibb as Chairman of the Market Action Committee. Councillor Murray concurred with Councillor Knibb's remarks and expressed regret that Councillor Knibb feels he must resign from the said Committee at this time and he expressed the opinion that it is unfortunate that personalities have become involved in this matter. Upon being asked by the Mayor to clarify his latter comment, Councillor Murray ex;ressed the opinion that the City did not support The Rocca Group in this particular issue. Councillor Schermerhorn suggested that, although he does not agree entirely with Councillor Murray's comments, if one avenue to obtain funding for this project failed, another avenue must be attempted and he commended Councillor Knibb for his efforts on the Market Action Committee. Question being taken, the motion was carried with Councillors Flewwelling, Gould, A. Vincent and M. Vincent voting "nay". Councillor A. Vincent asked the Mayor's intent with respect to the Market Action Committee whereupon the Mayor replied that she reQuests the Deputy Mayor to take over the Market Action Committee and continue working on the City Market renovation project and that Councillors Murray and Schermerhorn remain on this Committee. A brief discussion ensued regarding the condition of the City Market building during which time Deputy Mayor Davis noted that the work proposed with regard to the roof trusses is an emergency stability job insofar as the structure is concerned to avoid having to close the Market and that is the phase of this matter in which he has been involved. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- 48~ ~ Stephen Paving (1982) Ltd. - supply of asphalt September 13-19, 1984 $28,655.63 Councillor A. Vincent re-iterated a question posed at a recent meeting of Council as to when repairs will be carried out on the lower portion of Garden Street near City Road to which Mr. McDermott replied that he will request staff to review this matter for a report at Council's next meeting with respect to including such repairs in the 1984 maintenance budget. Mr. Armstrong suggested that, as the street in question is a Provincially-designated highway, the City could attempt to carry out some patching on same. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the tender of Ralph's Transport Ltd., in the amount of $4.39 per tonne for trucking of salt, and the tenders of Steele Trucking Ltd., in the amount of $3.75 per tonne for screening of salt and $6.00 per tonne for crushing and rescreening of salt, be accepted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, Contract 84-10, Water Street sewer construction be awarded to the low tenderer, Que-Mar Construction (Maritimes) Ltd., in the amount of $482,172.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Matters were discussed pertaining to the reason for only two companies submitting tenders on the above project to which Mr. Armstrong suggested that it could be the magnitude of the project concerned and noted that five companies tendered on contract 84-11 which is a less complex project and, with regard to the timing of the above project, advised that if the contract is signed as soon as possible the work should commence in approximately two weeks; the reason for the difference between the budgeted amount of $375,000.00 and the engineer's estimate of $442,000.00 for this project, as well as the $100,000.00 for asphalt reinstatement which will be performed by City forces; and subcontractors to be engaged by the successful tenderer. The matter of traffic disruption was broached by Councillor M. Vincent and Mr. McDermott replied that it is the intent to make the public aware of what is to occur in the area concerned by newspaper advertising. Councillor Vaughan asked when the committee appointed to review the City's tendering procedures will submit its report to Council and the Mayor asked Mr. Rodgers if this Committee has submitted its report to him for review to which Mr. Rodgers replied in the negative. Deputy Mayor Davis asked if the storm sewer will still empty into Market Slip to which Mr. Armstrong replied in the affirmative, and Councillor A. Vincent asked if there is a possibility of obtaining Federal Government cost sharing of this project to which Mr. Armstrong replied that he is unaware of the availability of same. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Contract 84- 11, Simpson Drive sewer, be awarded to the low tenderer, W.A.C. Excavators Limited, in the amount of $110,493.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor A. Vincent asked that a report be submitted to Council concerning the amount of performance bonds required for such tenders as smaller companies could have difficulty in obtaining bonds of large denominations. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the letter from Mr. John Biggar concerning truck traffic on Duke Street West, which was considered by Council on September 10, 1984, providing background information with regard to legislation governing truck routes in the City of Saint John; concluding that the subject legislation governing truck routes does provide a framework for control of truck traffic on local residential streets but it was never intended to prevent trucks from using long-established arterials and collectors which traverse in part some residential areas thereby maintaining the lifeline of commerce and industry and that, when heavy trucks stray from these designated routes, enforcement by the Police Department will be required from time to time with respect to questions of excessive speed, overloading or spillage of loads, and recommending that no change be made in the designation of Duke Street West as a truck route -- be received and filed and the recommendation adopted. Councillor M. Vincent noted that the above report does not address the overall problem of truck routes in the City and he re-iterated that he is unable to understand why westbound truck traffic has to use the City Centre to gain access to the throughway which causes damage to City Centre streets. Mr. McDermott referred to a report from Acting Chief Breen and advised that, with respect to the concern expressed in a petition to Council on August 27, 1984 regarding truck traffic through the area of MacLaren Boulevard and Taylor Avenue, Police monitors indicate that only a few trucks use this area and those consist mainly of delivery trucks and City trucks hauling gravel and, with regard to Manawagonish Road and Duke Street West, truck traffic consisted mainly of delivery trucks and moving vans in the former and mainly trucks servicing stores and residents of the area in the latter area although a few heavier trucks were found using this street going to and from the winter port. The Mayor concurred with Councillor M. Vincent's observation that Council had requested the City Manager to deal with the overall matter of truck routes in the City and suggested that a further report should be submitted to Council in this regard. Councillor Flewwelling suggested that trucks should use Manawagonish Road rather than Dever Road, as the former street is a Provincially- designated highway and Dever Road is not constructed to withstand heavy traffic of this nature, and suggested that Police should monitor this situation. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) . I I . I . I I . ~ II"'" ~Hfd> On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Appraisals (Fundy) Ltd., in the amount of $3,314.90, for appraisal of Lots "A" and "B" on Crown Street, the partnership's approval for payment of this account having been acknowledged. Mr. Todd, replying to a query of Councillor A. Vincent, noted that the above appraisals were performed to determine the value of the property concerned for possible sale to Downey's Ltd. and Councillor A. Vincent suggested that the lessee of the p~operty in Question should be responsible for the appraisal fees on same. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Shekhinah Temple Inc. have been completed and that the reQuired waiting period for objections expired on September 19, 1984 with the submitted written objections, as well as the submitted letter from Shekhinah Temple Inc. which included correspondence in favour of the re-zoning of the property having been received and advising that Council, if it so wishes may now authorize the necessary advertising for the proposed Municipal Plan amendment and re-zoning of property at 13-15 Main Street and the eventual public hearing and request the views of the Planning Advisory Committee. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Shekhinah Temple Inc. for a Municipal Plan amendment and re-zoning of property at 13-15 Main Street be denied. . Councillor Gould asked why, if the comment in the submitted objection from Mrs. Lynn McEachern indicating that the renovation of the Temple is completed without the issuance of a building permit is true, no action has been taken in this regard. Mr. Johnson replied that a building permit was issued to renovate the building, however, an order was issued that this building is not to be used as a church and to the best of his knowledge this group has agreed and complied with such order. Mr. Johnson added that the Temple has submitted a letter to the City indicating what it wishes to do on the premises and that this is being reviewed to determine to what extent such request complies with the subject By-Law. Councillor Gould asked if Council is in a position at this time to deny the application to which Mr. Rodgers replied in the affirmatlve. Councillor Schermerhorn suggested that, although the letters in support of the re- zoning were received from other than area residents, the Planning Advisory Committee's recommendation should be obtained and the public hearing held. "~lC "nay". "'""Question being taken, the motion was carried with the Mayor and Councillor Schermerhorn voting I 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 begs leave to report that it sat on Monday, September 17, 1984 when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- . I. That as recommended by the City Manager, the Disher-Steen Partnership, in association with George F. Williamson & Associates Ltd., be engaged to provide design drawings, specifications and estimates for the installation of the necessary shoring of the City Market building roof trusses with the consultants' fees not to exceed $8,500.00. 2. That with regard to the request of Mr. A. Hogenbirk to purchase property at 133-135 Elliott Row, Council adopt the recommendation of the City Manager that Mr. Hogenbirk, or such other person who may wish to obtain ownership of the property, be required to provide written confirmation in a form satisfactory to the Building Inspector that the buildings on the property will be rehabilitated or demolished within a reasonable period of time and that, upon receipt of such confirmation the land at 133-135 Elliott Row, known as Lot 277 Prince Ward, be sold to Mr. A. Hogenbirk, or persons designated by him, for the price of $3,000.00. I 3. That as recommended by the City Manager, the portion of land to the rear of Montgomery Crescent and Dufferin Avenue, shown on the submitted map as #24489, be sold to The Saint John Loan Company Limited for the tendered price of $2,275.00; that a 10-foot wide sewer easement be retained along the fire lane frontage lying between numbers 30718 and 29199; and that the transfer of title take place on or before November 26, 1984. 4. That as recommended by the City Manager, the offers of Esso Petroleum Canada and Mr. Dwight Allaby, solicitor for Irving Oil Ltd., for the purchase of property on the east side of Somerset Street just north of the intersection of Barker Street be rejected and the deposits returned. I September 24, 1984, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section I of the above report be adopted. . Councillor A. Vincent expressed the understanding that the above information is the subject of an earlier report to the City to which Mr. McDermott replied that the City has no files that indicate that any tests were carried out prior to six years ago on the City Market building. The nature of the testing carried out to determine that the shoring of the trusses is required was broached. Question being taken, the motion was carried. ... 4HHl " On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. (Councillor Schermerhorn withdrew from the meeting due to a possible conflict of interest.) I On motion of Councillor Gould Seconded by Councillor Davis RESOLVED that section 4 of the above report be adopted. Councillor Knibb expressed the opinion that there is no point in advertising property for sale and subsequently refusing bids from reputable firms because City planners do not like the idea of gasoline stations being placed in the area concerned and advised his intent to oppose the above motion on the basis that the City has no use for the subject property and the price offered by the higher bidder is reasonable. Mr. Winch, at the request of the Mayor, addressedcCouncillor Knibb's comment with respect to Planning staff's views on this matter, and advised that, as the question of the future of the entire parcel of land between Barker Street and Wellesley Avenue was considered from the point of view of acquisition and widening, it was felt that it was undesirable for a commercial use to expand itself on the street and there are other more acceptable uses for the land in question. I Question being taken, the motion was carried with Councillors Flewwelling, Knibb and A. Vincent voting "nay". (Councillor Schermerhorn re-entered the meeting.) . On motion of Councillor Gould" Seconded by Councillor M. Vincent RESOLVED that the letter from The Saint John 1985 Canada Summer Games Society, Inc., submitting its August 1984 report and thanking Council for its participation during this group's "countdown period to teh Games", be received and filed and the members of the Society be thanked for their efforts in this regard. Question being taken, the motion was carried. On motion of Councillor Murray I Seconded by Councillor Vaughan RESOLVED that as requested by the City of Saint John Annual Santa Claus Parade, Council underwrite, if necessary, any costs the said Committee is unable to meet up to $1,000.00 with regard to the annual Santa Claus Parade scheduled for November 17, 1984. Question being taken, the motion was carried. Read a letter from the Saint John Parking Commission recommending that this Commission represented on the Planning Advisory Committee by the appointment of an ex-officio member as the dance of such a member at this Committee's meetings would allow the Commission to be represented receive reports on matters relating to parking. be atten- and The Mayor asked if Council can legally take the above-requested action to which Mr. Rodgers requested that this matter be referred to him for review. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Parking Commission requesting representation on the Planning Advisory Committee be referred to the City Solicitor for a report at Council's next meeting. Question being taken, the motion was carried. I Consideration was given tO,a letter from Mr. Hartley Green tendering his resignation as a commissioner on the Saint John Harbour Bridge Authority. A motion was proposed by Councillor Knibb and seconded by Councillor Murray that Mr. Green's resignation be accepted with regret. Councillor Schermerhorn suggested that this matter should be tabled in order for discussions to be held with the appropriate levels of government with regard to removing the tolls from the Harbour Bridge and that, in the interim, the Harbour Bridge Authority be asked to comment on whether or not Mr. Green was being paid while training Mr. Robert Clark for General Manager and would this be a conflict of interest and whether the position of toll captain is a new position or is Mr. Green to replace someone who was formerly in that position. Councillor Schermerhorn added that no mention was made in the Authority's budget of a toll captain. Councillor Flewwelling referred to a recent article in the local newspaper regarding this matter and asked "if the toll captain position is in the Authority's establisbment and requested a job description of same. Mr. McDermott replied that he will submit a report on this matter at Council's next meeting whereupon the Mayor asked that this report also include responses to Councillor Schermerhorn's queries as well as that of Councillor Vaughan concerning whether the subject position was advertised. Councillor M. Vincent suggested that Mr. Green's resignation from the Authority should be accepted and he be thanked for his services following which a further motion could be entertained covering the points of this discussion. The Mayor replied that it is her understanding that Mr. Green is unable to serve as a commissioner on the Authority and also be in its employ because of a conflict of interest and that he is resigning so that he can take a job with the Authority. I . ..... I"""" '4.lfJ5 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table pending discussion with the appropriate levels of government with respect to removing the tolls. Question being taken, the tabling motion was lost, a tie vote having been created with Councillors Gould, Knibb, Murray, A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor A. Vincent RESOLVED that the resignation of Mr. Hartley Green as a commissioner on the Saint John Harbour Bridge Authority be accepted with regret and Mr. Green be thanked for his services in this regard. Question being taken, the motion was lost, a tie vote having been created with the Mayor and Councillors Davis, Flewwelling, Schermerhorn and Vaughan voting "nay". I Councillor M. Vincent suggested that, as Council may not be acting in a legal manner by failing to accept Mr. Green's resignation, this matter should be referred to the City Solicitor for a report at Council's next meeting. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Solicitor for a report at Council's next meeting. . Councillor Flewwelling, in seconding the above motion, expressed the understanding that the various matters broached in the above discussion will be addressed in the requested report whereupon Councillor M. Vincent clarified that his motion is seeking guidance with respect to the matter of Mr. Green's resignation only. Councillor A. Vincent referred to a previous report to Council from the Legal Department with respect to the Harbour Bridge Authority and expressed the understanding that Council has no say in the matter of hiring. Question being taken, the referral motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mrs. Robert Dunbar requesting that the Dog By-Law be enforced in the area of Old Black River and Goldsworthy Roads -- be referred to the City Manager and By-Law Enforcement Officer for action and a report at Council's next meeting. I The Mayor suggested that Council and the City Manager should address the matter of a policy so that staff first considers matters of the above nature and subseQuently submit both the inQuiry and staff recommendation to Council in an attempt to eliminate routine matters being presented first to Council as, in her opinion, Council should be dealing more with policy than such matters. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the petition from residents of Meadowbank Avenue requesting the City to install a storm sewer pipe at the rear of the properties on the north side of the said street as originally designed approximately three years ago, or to undertake the approval of the said project and have it completed as soon as possible -- be referred to the City Manager for a report and recommendation. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. I V;!;<f1h1 (,f YJ;", 7-1 - Common Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of October, A.D. 1984, at 7:00 o'clock p.m. I present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and .... 4lB6 " Property Management; R. McDevitt; Deputy Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; J. McIntyre, Personnel Officer; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. . Reverend Christopher Pratt of Trinity Anglican Church offered the opening prayer. On motion of Councillor Knibb held on September 24, 1984, be adopted. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, Question being taken, the motion was carried. I Her Worship the Mayor referred to a pamphlet published by the Federal Government to National Physical Activity Week which includes an article regarding Saint John's events Great Participaction Day Challenge of May 1984. with respect during the Her Worship the Mayor commented on her attendance at a dinner in Moncton, N.B. on September 25, 1984 on the occasion of the visit to that City of Her Majesty The Queen and The Duke of Edinburgh, I as well ~s on the forthcoming Community Revitalization Conference, which the City is co-sponsoring with the Provlnce of New Brunswick and the Heritage Canada Foundation, scheduled for Saint John on October 10 to 12, 1984. Councillor Murray extended a message of sympathy on behalf of the members of Common Council to the family of the late Mr. Arthur E. Nickerson, who passed away on September 22, 1984, and noted that the late Mr. Nickerson was a well-known athlete in the City of Saint John and a strong supporter of minor sports. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a . parcel of land at 59-63 Millidge Avenue (L.R.I.S. Numbers 375261 and 55025704), containing 12,210 s~.ft. with a frontage of 47 ft. on the western side of Millidge Avenue, from Low Density Residential to Light Industrial classification, and (b) to re-zone the same parcel of land from "RM-l" Three-Storey Multiple Residential to "I-l" Light Industrial classification, to permit conversion of the existing two-storey woodframe building to be used as offices by Baxter Dairies Limited, as requested by Baxter Dairies Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the application of Baxter Dairies Limited for an amendment to the Municipal Plan and re-zoning of the subject property be approved. Mr. Thomas Bishop, solicitor of the law firm of McKelvey, Macaulay, Machum, appeared before Council on behalf of the applicant and offered to respond to Council queries,respecting the above- I proposed amendments. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 59-63 Millidge Avenue (L.R.I.S. Numbers 375261 and 55025704), containing 12,210 sq.ft. with a frontage of 47 ft. on the western side of Millidge Avenue, from Low Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 59-63 Millidge Avenue (L.R.I.S. Numbers 375261 and 55025704), containing 12,210 sq.ft. with a frontage of 47 ft. on the western side of Millidge Avenue, from Low Density Residential to Light Industrial classification, I be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor A. Vincent I RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 59-63 Millidge Avenue (L.R.I.S. Numbers 375261 and 55025704), containing 12,210 sq.ft. with a frontage of 47 ft. on the western side of Millidge Avenue, from "RM-I" Three-Storey Multiple Residential to "I-I" Light Industrial classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 59-63 Millidge Avenue (L.R.I.S. .... "'" drn . I I . I . I I . ~ Numbers 375261 and 55025704), containing 12,210 sq.ft. with a frontage of 47 ft. on the western side of Millidge Avenue, from "RM-l" Three-Storey Multiple Residential to "I-I" Light Industrial classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to (al amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from Medium Density Residential to District Centre Commercial classification, and (b) to re-zone the same two lots from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, to permit construction of a one- storey appliance repair shop on this 8,000 sq. ft. parcel of land at the corner of Sydney and Broad Streets, as requested by Mr. Norman E. Smith, and that no written objections were received in this regard, with one letter in support of the proposed re-zoning having been received from Saint John Non-Profit Housing Inc. Consideration was given to a letter from the Planning Advisory Committee advising that, as the above applicant was unable to attend the most recent meeting of this Committee, his request that a recommen- dation not be made until he has had an opportunity to make a presentation to the Planning Advisory Committee was granted and the subject application was tabled until the next meeting, and suggesting that Common Council render no decision in this regard until it has received the said Committee's report and recommendation. Mr. Eric L. Teed, Q.C., addressed Council on behalf of the above-named applicant and offered to respond to Council queries in this regard. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of Mr. Norman E. Smith for a Municipal Plan amendment and re-zoning of property at 234 Sydney and 39-45 Broad Streets be laid on the table pending receipt of a report and recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried. Consideration was given to a letter from Mayor Wayne regarding the penalty clause in equipment tenders, which was adopted by Council on September 4, 1984, addressing the portion of the Purchasing Agent's report submitted to Council in Committee of the Whole on August 27, 1984 regarding penalties charged to both Brett Chev-Olds Ltd. and Downey's Ltd. which led to representation to the City by these companies and the resultant change to the penalty clause; expressing the opinion that, in light of these representations and the new penalty clause, it would be right and proper that Council apply the subject clause retroactively to these two companies thereby retaining the total deposit of Brett's of $3,970.33 plus $107.67 extra penalty for a total of $4,078.00 covering the City's total cost and returning $7,522.00 to Brett's and, in the case of Downey's, retain its deposit of $256.38 and return to this company an amount of $669.62; and recommending that Council take steps in this regard. The Mayor requested Council's consideration of applying the above-mentioned penalty clause retro- actively for 1983 and noted that the suggestion was made that the City Solicitor should be reQuested to review this matter to determine if this action can be taken. On motion of Councillor Murray Seconded by Councillor Flewwelling RESOLVED that the above matter be referred to the City Solicitor for a report at Council's next meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from Mayor Wayne recommending that Council give consideration to a policy whereby employees can submit suggestions that could result in increased productivity and reduction of costs and that a letter be forwarded to the different City departments requesting employees to submit to the City Manager or Assistant City Managers any suggestions they may have in this regard following which, if such suggestions are implemented and successful in increasing productivity and reducing costs, an appropriate award be given to that person -- be received and filed and Council approve the recommendation to institute an employee suggestion plan with the City Manager to develop the details of same for Council's consideration prior to implementation. The Mayor noted that, although a program such as that above is included in the collective agree- ments with the civic unions, there is no such program for non-union personnel. Councillor A. Vincent asked about the suggestion box which was utilized in the past to which the Mayor replied that, as it is her under- standing that the suggestion box idea was not very successful, the above policy is being recommended. Question being taken, the motion was carried. Read a letter from Councillor A. Vincent requesting that Council ask The Saint John 1985 Canada Summer Games Society, Inc., for its policy in engaging a contractor from the State of California, who brings in people from the State of Maine to do work when Saint John people are unemployed, and advising that the contract referred to is that for the track and field venue at U.N.B.S.J. The Mayor expressed the understanding, based on her telephone conversation with The Saint John 1985 Canada Summer Games Society, Inc. earlier this date, that tenders were called for the above project, which involved a special rubberized covering on the asphalt, with two companies submitting tenders, one from 468 " OJ;. California, U.S.A., the other from Montreal, P.Q., and that, with the exception of three senior personnel from the successful tendering company from California, all local contractors and local persons were hired for the work on the subject project. The Mayor added that the subject company was the only one with the expertise and necessary machinery to do this work and that the subject track and field facility is identical to the Olympic Games track and field facility in Los Angeles, California. . On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to The Saint John 1985 Canada Summer Games Society, Inc., for a report. Question being taken, the motion was carried with the Mayor and Councillors Gould and Knibb voting "nay". I Read a letter from Councillor Schermerhorn regarding Common Council resolution of October 24, 1983 which adopted a recommendation of the City Manager that action be taken to acquire title to the lands on which the existing roadway of Mallette Road encroaches. Councillor Schermerhorn suggested that, unless the City Manager wishes to report on the above matter at this time, the subject matter be referred to the City Manager for a report on the progress to date. Mr. McDermott replied that the Mallette Road is still to be completed in the 1984 budget and will be completed before the end of this year. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above letter from Councillor Schermerhorn be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Poley regarding the problem of water pollution at Mosquito Cove, asking if the information item forwarded to Council at its last meeting . is an interim report only and, if so, when will the City Manager bring forward a final report to Council with respect to Common Council resolution of March 19, 1984. Councillor Poley noted that the above-mentioned information item was a report from Mr. D. Seheult of the Department of Environment and that this matter has been before Council on a number of occasions in Committee of the Whole, as well as on March 19, 1984 in open session at which time the City Manager was to review this matter and consult with the other levels of government and to report to Council on the status as to what could be done to solve the problem at Mosquito Cove and that, although the said report from Mr. Seheult appears to indicate that the problem is solved, it is his understanding that this is not the case based on discussion with Mrs. F. Brownell, Vice-Chairman of the Environment Committee and the statistics in the said report. Mr. McDermott replied that this matter is a Provincial matter and that any flaws or faults of the City have been corrected and the subject drain closed off and the septic tank cleaned out, with any further action being the responsi- I bility of the Province and that, if Provincial monitoring does not indicate the expected improvement in the situation, further action will be taken by the Province. Councillor Poley expressed concern that the problem of water pollution at Mosquito Cove could develop to the point of affecting Dominion Park. The Mayor asked Mr. McDermott to contact Mr. B. Barnes of the Department of Environment to determine how the Province plans to monitor the situation at Mosquito Cove and what action will be taken if the pollution level increases to which Mr. McDermott replied that Mr. Barnes will advise the City of any further problems in this regard. Councillor Poley concluded that the said information item from the Province is the final report at this time to which the Mayor replied in the affirma- tive. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt September 20-26, by the City Manager, authority be . 1984 $60,970.65 Councillor Flewwelling questioned the quality of asphalt being placed on Catherwood Street as ~it':iB 'his:understaildiilg that :it,omaye,not ,be:up';,to';standard and ~~he :asked: ~whocarries out inspections of, the asphalt and how often. Mr. Robichaud replied that A D I Limited continuously inspects the product as it is being produced and that there are engineers and technicians in the field watching the material as it is being laid. The Mayor asked Mr. Robichaud to submit a report to Council if there is a problem with the asphalt on Catherwood Street and to advise the number of times the said Company has checked same and Councillor A. Vincent suggested that A D I Limited should be requested to perform core tests on the subject street immediately. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the statement of payments made during the month of July 1984 be received and filed. I Councillor Flewwelling re-iterated his previous suggestion that, to decrease expenditures of the type indicated by cheque number 5183 representing car wash charges, the Transit Commission be asked if City vehicles can utilize its facilities one day a week. Discussion ensued regarding the type and number of lawn mowers purchased under cheQue number 5655 and the reason for the purchase of a pocket knife under cheque number 5715, and the Mayor noted that the item listed under cheQue number 5037 noted as expenses regarding the 2nd Battalion of the Royal Canadian Regiment relates to the reception which the City held during this Regiment's exercising of the Freedom of the City whereupon Councillor A. Vincent suggested that, rather than this item being listed as payable to Elsie Wayne, it should have indicated Mayor's Office. Councillor Schermerhorn made the observation that the amount paid for rented equipment during July was less than $2,000.00. . Questicn being taken, the motion was carried with Councillor A. Vincent voting "nay". ~ ~ ~:g~ . I I . I . I I . lrl... (The Mayor withdrew from the meeting due to a possible conflict of interest whereupon the Deputy Mayor assumed the chair.) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender for the supply of retreaded tires be awarded as follows:- (1) passenger car tires - Fairweather's Garage in the amount of $31.20 each; (2) light-duty truck tires - Fairweather's Garage in the amount of $48.54 each; (3) heavy-duty truck tires - to be divided between Sumner Tire and Aut~motive ~nd Mariti~e.Tire.Limi~e~, in.the amount of $98.60 each and $98.40 each, respectively; and (4) off-hlghway tlres - Marltlme Tlre LlIDlted In the amount of $444.16 each, as indicated on the submitted bid summary. Question being taken, the motion was carried. (The Mayor re-entered the meeting and re-assumed the chair.) On motion of Councillor Gould Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the supply contract for a 40' x 80' X 18' high semi-circular arch steel building, to be used as a maintenance building at the Rockwood Park Golf Course, be awarded to the low tenderer, namely, Denis A. Paradis Ltd. of Grand Falls, N.B., in the amount of $17,463.00, including all taxes. Discussion ensued regarding the reason for the type of building chosen as well as the size of same and Mr. Brownell advised that the type chosen is the cheapest type of buiding which is suitable for the City's needs and to be constructed in the timeframe available as the grant for this project and the subject union agreement which indicates that the City is able to use such grant expires the end of December 1984, and that the building in Question will be utilized to store such equipment as mowers, tractors, trucks etc. thereby requiring at least the amount of space provided in the above building. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execuxe the submitted agreement with The Canada Employment and Immigration Commission for Canada Works Project 1188BE9 for irrigation extension at Rockwood Park, such project to employ eight labourers and must commence no later than October 9, 1984 and be completed by the middle of December 1984. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement with The Canada Employment and Immigration Commission for Canada Works Project 1186BE3 for a maintenance facility at Rockwood Park, such project to employ seven labourers for a total of ninety-one work weeks. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the petition from residents of Meadowbank Avenue, in the area between Millidge Avenue and Bullock Street, which was considered at Council's last meeting, requesting installation of a storm sewer pipe; explaining that, although this matter was originally brought to the City's attention in 1980 and provided for in the Capital Works Program in 1981 and 1982, the City was not able to reach agreement with certain property owners to acquire a temporary construction easement adjacent to the permanent easement to allow access for construction equipment and that, in 19~3 and 1984, this project was given a lower priority and subsequently not approved as part of the storm sewer program; advising that the reQuirement for a storm sewer is still valid and the project is still estimated at $25,000.00, and recommending that the matter of the Meadowbank Avenue storm sewer be referred to the 1985 Capital Budget Committee for consideration in the storm sewer budget -- be received and filed and the recommendation adopted. ' Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the joint letter from the City Manager and Building Inspector regarding the request of Mrs. Robert Dunbar for enforcement of the Dog By-Law in the area of Old Black River and Goldsworthy Roads, which was considered at Council's last meeting, advising that Mr. T. Halassy, By-Law Enforcement Officer, has discussed this matter with Mrs. Dunbar and her complaint appears to be generic rather than specific and she is unable to provide any information which would assist in enforcing the said By-Law and that it is expected that Mrs. Dunbar will make any further specific complaints to Mr. Halassy in order that he may deal with them when they arise; however, at the present time, there is no specific complaint with which to deal Or resolve and the situation will be monitored -- be received and filed. Councillor Gould asked if it is the usual practice to visit an area from which a complaint of the above nature is made to which Mr. Johnson replied that when complaints are received with respect to dogs, garbage, etc., an inspector visits the area concerned and that an attempt is made to contact both the alleged violator and,the person who has made the complaint. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager advising that a ~90 ~ guided tour of the aquatic centre facility will be available to members of Common Council on October 22, 1984 and asking if this date is acceptable to all members of Council -- be received and filed and the proposed date be accepted. The Mayor asked.Council members to advise the Common Clerk of their intention with respect to the above tour. Counclllor Murray, a member of The Saint John 1985 Canada Summer Games Societ Inc., asked the status of the pedway to be constructed between the aquatic centre and the City Haii skywalk system to which Mr. Barfoot replied that the tender for this project will be called either this week or the week of October 8, 1984 and that this pedway should be completed very close to the dat: of the official open~ng of the aquatic centre which is scheduled for January 1985. Upon being advlsed that the pedway wlII be constructed of brick, concrete and glass, in the same manner as the existing skywalk system, Councillor A. Vincent suggested that, as the project will involve bricklaying in cold weather, funding may be available from the Federal Government in this regard. . Question being taken, the motion was carried. I Consideration was given to a letter from the City Manager asking how many members of Common Council would be interested in taking a guided tour of the mine and administrative offices of the Potash Company of Canada in Sussex. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above letter from the City Manager be received and filed and that the proposed tour be arranged on an acceptable date. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding Council's discussion at its last meeting of the matter of truck routes, explaining that Station Street . is a Provincial Highway and is a major truck route not only for trucks with business in the downtown and harbour areas but also for trucks from eastern industrial areas heading westbound on the Throughway, with an alternative being to use either the Haymarket Square or the Wall Street interchanges, both of which involve more uphill climbing than the preferred City Road-Viaduct route; advising that the problem of broken curbing at the intersection of City Road and the Viaduct ramp, which is evidence of a tight turning radius for long trucks, is being examined and that remedial work, if required, will be scheduled next year; and also advising that the lower part of Garden Street Hill will receive some maintenance asphalt sealing in the early part of October -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould I RESOLVED that as recommended by the City Manager and Fire Chief, a warrant be issued to Mr. Michael William Grant Parks for membership to the Saint John Salvage Corps & Fire Police. Question being taken, the motion was carried. On motion of Councillor Vaughan Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the request of the Knights of Columbus to construct a ramp for handicapped persons to their building on 24 Coburg Street, which was considered by Council on September 17, 1984" advising that the proposed location for this ramp does not interfere with any City services in the street nor cause any obstruction to pedestrians or sidewalk ploughing and that the Legal Department is of the opinion that the proposed . ramp is acceptable on the basis that the Knights of Columbus proposal will not impede the flow of pedestrian traffic and does not constitute an interference with the normal flow of pedestrian traffic on that street and the Knights of Columbus should be required to idemnify the City from any claims arising in connection with the proposed ramp or its use and should also obtain liability insurance naming the City as co-insured with respect to the construction, maintenanace and use of the structure, and recommending that an easement be granted for the construction, use and maintenance of the ramp on Coburg Street as requested by the Knights of Columbus -- be received and filed and the recommendation adopted including the conditions set forth by the Legal Department. Question being taken, the motion was carried. I Consideration was given to a letter from the City Manager regarding the request of Balemans Holdings Limited for an extension of the completion date for the conversion of the Old Post Office building at 115 Prince William Street. Consideration was also given to a letter from Balemans Holdings Limited advising that an amount in excess of $70,000.00 has been expended on the Old Post Office building at 115 Prince William Street for the outside cleaning, replacement of the old furnace system and general interior clean-up, etc., which represents a substantial amount accomplished and requesting that this company's completion I date be extended by six months to April 14, 1985 in anticipation that the whole building will be completed by February 14, 1985. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the request of Balemans Holdings Limited for an extension of six months to April 14, 1985 of the completion date for the conversion of the Old Post Office building at 115 Prince William Street, such request arising out of section 3 of the Agreement with the said Company wherein Balemans Holdings Limited is required to complete rehabilitation of the first floor and basement of the subject building . within one year from the date that the building was vacated by the Library Book Storage with the alternative being that the City has option to repurchase the building, and recommending that, in consideration of the work already done and the plans submitted for the completion of the work, clause 3(b) of the Agreement be amended to read "eighteen months" rather than "one year" and that the Mayor and Common Clerk be authorized to execute the amended Agreement -- be received and filed and the recommendation adopted. ..... ~ MH . I I . I . I I . lil.. Councillor A. Vincent asked if the above project is being completed in accordance with the building permit to which Mr. Johnson replied in the affirmative and confirmed that a matter relating thereto has just been resolved. The Mayor indicated her intention to address a matter pertaining to the above item in Legal Session of Council. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Balemans Holdings Limited reQuesting an extension of six months to April 14, 1985 for completion of the Old Post Office building project at 115 Prince William Street -- be received and filed. Question being t~ken, the motion was carried. Read a letter from the City Solicitor regarding the request of the Saint John Parking Commission to have ex officio membership on the Planning Advisory Committee, which was considered at Council's last meeting, expressing the opinion that Council cannot appoint an ex officio member as requeste~ becaus: e~ . officio means by virtue of the office, meaning in this case that membership would only be whlle the lndlvldual is a member of the Parking Commission, and the Community Planning Act specifically states that "the term of office of members of an advisory committee is three years", and usually the provisions for ex officio membership are included in the legislation and are in addition to the number of regular members. The letter notes that the said Act provides for the establishment of the Planning Advisory Committee consisting of "not less than five members and not more than 15 members" and the by-law establishing the subject Committee sets the membership at nine members and suggests that, if and when a vacancy exists on the Planning Advisory Committee, Council may appoint a Parking Commission member to the Planning Advisory Committee as a regular member. A motion was proposed by Councillor Gould and seconded by Councillor Flewwelling that the above letter be received and filed whereupon Councillor Poley suggdsted that the City Solicitor should be reQuested to pursue enabling legislation in the long term to provide for membership of this nature and that, in the short term and the interim period awaiting such legislation, the Planning Advisory Committee could issue an invitation to the Chairman of the Saint John Parking Commission, or his designate, to attend meetings of the said Committee, and added that he is not prepared to support the proposed motion. The Mayor asked if such short-term arrangement would be in order to which Mr. Rodgers replied in the affirmative and advised that such words could be added to the proposed motion. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the letter from the City Solicitor regarding the request of the Saint John Parking Commission to have ex officio membership on the Planning Advisory Committee be received and filed and that the Planning Advisory Committee be asked to issue an invitation, if it so wishes, for a member of the Parking Commission to attend meetings of this Committee on a short-term basis as an observer only. Question being taken, the motion was carried. On motion of Councillor Poley Seconded by CQuncillor Schermerhorn RESOLVED that the City Solicitor be directed to seek enabling legislation whereby a member of the Saint John Parking Commission can be appointed as an ex officio member of the Planning Advisory Committee. Councillor Knibb expressed the oplnlon that there are matters of more urgency which Council should be addressing at this time and that the Parking Commission and Planning Advisory Committee can now resolve the matter of representation at meetings of this Committee. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Solicitor regarding the resignation of Mr. Hartley Green as a 'commissioner of the Saint John Harbour Bridge Authority, which was considered at Council's last meeting, referring to section 5 of the Act establishing the Saint John Harbour Bridge Authority and expressing the opinion that Mr. Green has resigned from the Saint John Harbour Bridge Authority and that the resignation was effective at the Common Council meeting of September 24, 1984 when the written resignation became filed with the Council; referring to the question surrounding the remarks with reference to a Commission member engaged by the Authority while still a member and expressing the opinion that, being unable to locate any direct legislation dealing with same, this is a matter between the Authority and its members -- be received and filed. Councillor Schermerhorn asked when a meeting will be held with the Federal Government regarding the Harbour Bridge to which the Mayor replied that she discussed with a representative of The Honourable Gerald Merrithew earlier this date the possibility of such a meeting immediately. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Gould RESOLVED that Common Council express its appreciation to Mr. Hartley Green for his services while a member of the Saint John Harbour Bridge Authority. Question being taken, the motion was carried. The Mayor referred to a letter from the City Manager regarding the Saint John Harbour Bridge Authority (copies of which were distributed to Council members earlier this date) and asked if it is Council's wish to add this item to the agenda at this time. ..... ;41~2 On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above item be added to the agenda for . consideration at this time. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Consideration was given to a letter from the City Manager submitting information requested by Council at its meeting of September 24, 1984 concerning the Saint John Harbour Bridge Authority. Councillor A. Vincent asked why the above information could not have been provided to -j Council members in their Council kits to which Mr. McDermott replied that, having requested the said information on September 27, 1984, he received same earlier this date. On motion of Councillor Murray I Seconded by Councillor Gould RESOLVED that the above letter from the City Manager be received and filed. The Mayor requested the City Manager to compare the number of staff engaged by the Saint John Harbour Bridge Authority two to three years ago to the current number and Councillor Schermerhorn I noted that the position of Toll Captain, to which Mr. Hartley Green was appointed recently, has not been filled since 1981. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, September 24, 1984, were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Schermerhorn, and M. Vincent and your Committee submits the following recommendations, namely:- when there Vaughan 1. That as recommended by the City Manager, authority be granted for payment of the invoice of Mott, Myles & Chatwin Ltd., Architects, in the amount of $15,000.00, for services rendered with respect to supervising and co-ordinating the construction of the City Hall section of the pedway system. 2. That as recommended by the City Manager, the City of Saint John contribute $500,000.00 toward an estimated $1,787,000.00 to the McAllister Industrial Park water supply project with the Province of New Brunswick to be responsible for financing the balance of the cost. I 3. That with regard to the offer of Mr. Gerald Lynch to sell to the City property at 15 Delhi Street, Council adopt the recommendation of the City Manager that Mr. Lynch be advised that the City of Saint John has no interest in the acquisition of the subject property at this time. 4. That the following recommendations of the City Manager be adopted, namely:-(l) that the offer of Scottish Enterprises Limited, in the amount of $103,000.00, be accepted for the purchase of property on the corner of Millidge Avenue and Boar's Head Road; (2) that the City supply a survey plan and corner stakes for the property; however, if the sale is not completed for any reason, the cost will be deducted from the deposit; (3) that, while the survey is taking place, the exact location of the sewer line be determined and an easement retained to allow access to same; (4) that Scottish Enterprises Limited be' given an option for a period ending April 30, 1985 during which time it is to take the necessary steps to have a development plan approved for the site; (5) that, provided the condition as outlined in recommendation (4) is met, the title to the property be . transferred to Scottish Enterprises Limited with the City to maintain an option to reac~uire the property for the purchase price if the development is not commenced within 12 months of the transfer of title; (6) that Co-Op Atlantic be advised that its offer to purchase the subject property is not acceptable and the said company's deposit returned; and (7) that the Mayor and Common Clerk be authorized to sign any documents necessary to complete the transaction. 5. That under the authority of section 11 of the Police Act, Council hereby authorize the Chief of Police to appoint police officers. October I, 1984, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air ill a n. I On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor Vaughan voting "nay". I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. A brief discussion ensued regarding the capital funding for the above project and when such work will commence and Councillor Vaughan expressed the understanding that the water pressure and flow in the surrounding area will also improve as a result of this work. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". . ..... ".... 4~~ au motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. I Councillor A. Vincent asked if it is necessary to name the police officers to be appointed to which Mr. Rodgers replied that adoption of the proposed motion will allow the Chief of Police to make such appointments without Council's involvement. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Harbour Bridge Authority requesting that, as the Saint John Harbour Bridge is experiencing a period of major expenditures on necessary maintenance and repairs and it is imperative that the Board retain the experience and expertise of its appointed members, both Mrs. Joan Parfitt and Mr. Douglas Holt be reappointed for another term -~ be referred to the Nominating Committee for consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the request of Saint John Heritage Trust Inc. for a grant of $3,300.00 toward the cost of the 1985 Annual General Meeting and Conference of the Heritage Foundation of Canada, to be held in Saint John from October 2 to 6 -- be referred to the Grants Advisory Board for review and recommendation to Council. Councillor Murray noted that the application deadline for such grants was September 30, 1984. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the request of the Canadian Public Health Association for a grant in the form of a civic luncheon to be held during the opening ceremonies of the 76th Annual Conference of this Association which is scheduled for Saint John on June 24 to 27, 1985 -- be referred to the Grants Advisory Board for review and recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that as requested by the Knights of Columbus, permission be granted to hold a parade on Sunday, October 14, 1984 in commemoration of Columbus Day and that the matter of a proclamation declaring the said day to be Columbus Day be referred to the Mayor's Office and a copy of this request be referred to the Acting Chief of Police. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from A & M Appliance Service Ltd. requesting permission to enlarge its shop at 400 Milford Road -- be referred to the Planning Advisory Committee for a recommendation to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Vaughan RESOLVED that the letter from Marion C. White requesting that the water hydrant near her property at 592 Harding Street be relocated in order to allow a parking space for a vehicle -- be referred to the City Manager for a report to Council. The Mayor read a report from Mr. P. Clark, Fire Chief, in this regard. Question being taken, the motion was carried. On motion of Councillor Flewwelling . Seconded by Councillor Gould RESOLVED that as requested by Mrs. Irene E. Hinkley, permission be granted for an extension of time to the spring of 1985 to retain a mobile home on property at 329 Anthony's Cove Road. Question being taken, the motion was carried. iii.. ~94 ~ Read a letter from Mr. A. Kelly regarding his previous request for correction of a flooding problem on his property at 28 Rockcliff Street. Councillor Schermerhorn noted that the above matter was discussed at Council's meetings of October 24, 1983 and April 24, 1984 whereupon Mr. McDermott advised that unexpected problems have resulted in further meetings with the Legal Department and Engineering and Works and that a report should be available within two weeks. On motion of Councillor Schermerhorn Seconded by CoUncillor Flewwelling RESOLVED that the letter from Mr. A. Kelly regarding his previous request for correction of a flooding problem on his property at 28 Rockcliff Street be referred to the City Manager for a complete report to Council within two weeks. Question being taken, the motion was carried. The Mayor, upon receiving Councillor A. Vincent's negative reply to her query as to whether he will be attending Legal Session of Council later this date, advised that the Legal Session item, namely, discussion re leaking of information from Legal Session, will be considered at this time. The Mayor advised that it has been brought to her attention that Councillor A. Vincent, last week while in Fredericton, N.B., passed out documentation from Legal Session to be read by people in a public place which, in her opinion, has hurt the City as well as Council's image, and she alluded to information being given to a local radio station concerning negotiations. Councillor A. Vincent noted that he was not in attendance at Legal Session last week whereupon the Mayor replied that it does not matter whether or not he was at Legal Session as he receives the Council kit the same as every other Council member. A brief discussion ensued between the Mayor and Councillor A. Vincent during which time the Mayor called for a motion to move into Committee of the Whole. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. ~1~~~d Common Cle At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the ninth day of October, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; T. Totten, Deputy Commissioner of Finance; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Robert Doucette, Pastor of Crescent Valley Community Church, offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on October I, 1984, be adopted. Question being taken, the motion was carried. Her Worship the Mayor commented on the following matters:- the Community Revitalization Conference which commences on October 10, 1984; her meeting with The Honourable Gerald Merrithew, Federal Minister of State for Forestry on October 5, 1984 on such matters as the Harbour Bridge, the Port of Saint John and the City Market building; Saint John Port Days which are scheduled for October 15 and 16, 1984, and read a proclamation proclaiming October 14, 1984 to be Columbus Sunday in the City of Saint John and requested that all Knights of Columbus members join in the church parade to be held on that date and for the citizens of Saint John to support this organization, which is the largest organization of Catholic men in this country, in its worthwhile endeavours in charitable and community work throughout the year. Councillor M. Vincent commented on his involvement in a four-day seminar held in Saint John the week of October I, 1984, involving approximately 100 persons from health-care institutions in New Brunswick, and noted that the participants in this seminar were pleased with the hospitality extended to them while in the City. . I I . I . I I . ~ ~ 'e~5 . I I . I . I I . ~ Her Worship the Mayor noted the presence in the Council Chamber of Mr. Richard Oland, Chairman of The Saint John 1985 Canada Summer Games Society, Inc., and, following Mr. Oland's brief address to Council with respect to the activities of the Society in its preparation for the 1985 Summer Games, presented him with a cheque in the amount of $750,000.00 representing the City's last installment under the Four- Party Agreement. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne noting that the Maritime Municipal Training Board in Halifax, N.S., has several students from Dalhousie University on projects around the Maritime Provinces and recommending that, as there are no students of this nature in the City of Saint John, the City Manager contact Mr. Don Smeltzer of Special Projects at Dalhousie University to determine if there are any projects available for students who are studying municipal administration -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from Mayor Wayne expressing the oplnlon that the disclosure of Legal Session minutes to a citizen by a member of Council, to which she alluded at Council's last meeting, could be considered a breach of trust as Legal Session carries a solicitor-client privilege to protect the citizens and breach of same would be a valid reason for the public to lack confidence in any elected official who would act in this fashion, and proposing the following motion for Council' consideration:- "Whereas the minutes of Legal Session of Council are subject to solicitor-client privilege; and whereas said minutes most often contain confidential information which could prejudice the legal and financial position of the City; and whereas concern has been expressed with respect to the trust empowered by Legal Session being breached; be it therefore resolved that the minutes of Legal Session be kept in the hands of the Common Clerk and City Solicitor to be distributed at Legal Session for perusal of Council and then all copies returned to the Common Clerk, and further that any written legal opinions for Legal Session be kept in the hands of the City Solicitor and brought to Legal Session for discussion only.". A motion was proposed by Councillor Schermerhorn and seconded by Councillor Vaughan that the above-proposed resolution be adopted. Councillor Knibb expressed opposition to the said resolution on the basis that it is derogating from the powers of elected officials in taking away the right to peruse and consider legal documents on their own time as, in his opinion, Council members are unable in Legal Session to bring their minds to bear adequately on a document which is passed out at that time. Councillor Knibb added that, although the Mayor and Councillors have every right to expect from Councillor' A. Vincent an admission and apology on his behalf for what he has done wrong, it is not right for the Mayor to propose a motion which would take from Councillors a right that they should have. The Mayor suggested that, if Council is of the opinion that there may be another manner to control the divulgence of information from Legal Session, this could be considered or that Council may wish to refer this matter to the City Solicitor for his review and recommendation. Councillor M. Vincent suggested that Council should have the City Solicitor's input prior to making a decision on this matter and added that the standard rule in certain other municipalities is that the majority of Council members cannot be prevented access to documentation required to intelligently and properly carry out the municipalities' business. Deputy Mayor Davis made the observation that the problem of information being divulged from all levels of government has existed for many years and expressed agreement that a solution should be sought to resolve this problem, however, in his opinion, that proposed above is drastic under the circumstances and could result in additional work and longer Legal Sessions of Council. Councillor Vaughan asked if there is a penalty should a Council member breach the oath taken when sworn into public office to which Mr. Rodgers replied that he would prefer to deal with the query in the context of the subject matter should Council refer same for his examination. Councillor Schermerhorn withdrew the above-proposed motion, with the consent of the seconder. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City Solicitor for examination and a report to Council. Question being taken, the referral motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Murray RESOLVED that the letter from Councillor A. Vincent referring to matters raised by the Mayor at the conclusion of the October 1, 1984 Council meeting, including the propriety of raising a matter scheduled for Legal Session without a vote of Council and subsequently turning off the microphone before affording an opportunity to reply, and requesting that the City Solicitor be directed to review the applicable law and give to Council a formal opinion as to what documents may or may not be disclosed by a Councillor to the public by whom he was elected and to whom Council members are responsible, with the City Solicitor to direct his opinion particularly to the question of whether or not any law can be broken by the disclosure of any documents received by a Councillor in the course of' the performance of his duties as such -- be referred to the City Solicitor for examination and a report to Council. Councillor Knibb, referring to the above comment regarding the propriety of the subject matter being raised, expressed the opinion that it was proper for the Mayor to broach such matter at that time as it was directly related to Councillor A. Vincent who had indicated that he would not be attending Legal Session of Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Common Council support the Mayor in her action at Council's meeting of October I, 1984 at which time she brought forward from Legal Session a matter of concern to the City of Saint John. Question being taken, the motion was carried. 4~5 ~ On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended authority be granted for payment of the following invoices, namely:- Steele Trucking Ltd. - supply of gravel September 1-15, 1984 Stephen Paving (1982) Ltd. - supply of asphalt September 27-28, 1984 - supply of asphalt October 1-3, 1984 by the City Manager, $ 5,355.90 23,244.78 $20,821. 60 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray . RESOLVED that the letter from the City Manager regarding problems at the Musquash pumping station in late August 1983 which necessitated repair and reinstallation of one pump and the inspection and repair of the other pump; advising that staff is investigating the possibility of recovering from the original supplier any of the subject costs for such repair work which is estimated at a total of approximately $35,000.00, and recommending that the invoices from Saint John Iron Works Ltd. in the total amount of $8,976.00 be approved for payment -- be received and filed and the recommendation adopted. A brief discussion ensued regarding the possibility of recovering a portion of the subject costs from the original supplier of the units concerned and the security in place in the Musquash pumping station, the latter to. which Mr. Robichaud advised that the form of security in the Musquash pumping station is an alarm system. The Mayor expressed the understanding that a guard dog is now in place at a station which was previously secured by a Local 18 staff person who resided in a trailer on the site and Mr. McDermott advised that he would look into this matter. Question being taken, the motion was carried. . I I On motion of Councillor Schermerhorn Seconded by Councillor Gould . RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Golden Grove Area Sewer Renewals Dean Construction Ltd. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated October 2, 1984 Partial holdback release $69,934.00 71,337.44 200.00 60,636.82 $10,500.62 Mr. Robichaud, replying to a query of Councillor Flewwelling, advised that the original I estimated value of the above contract is calculated on the basis of estimated quantities and included an $8,000.00 contingency item, the latter being used to cover extra items in the subject contract. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Peter A. Martin Contractors Ltd., in the amount of $9,055.00, be accepted for the roof repairs to the Reversing Falls Tourist Bureau. Mr. McDermott, in reply to a query of Councillor Flewwelling, advised that the above company is new to Saint John and, upon checking the matter of its performance, it was determined that this company has carried out roofing repairs for Ports Canada and that Ports Canada is very pleased with this company's performance. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a copy of a report from the Director of Tourism and Public Relations regarding a proposed Saint John "lure" brochure which highlights the City's history, culture, year-round recreation, as well as facilities available to visitors, and recommending that the bid of Barnes Hopkins Ltd., in the amount of $144.02 per M, plus taxes, be accepted for the supply of 100,000 copies of the lure brochure -- be received and filed and the recommendation adopted. The Mayor advised that the Tourism Croup of the Saint John Board of Trade has requested that the above matter be tabled for one week in order that this Committee can discuss the matter of tourist literature with the City. Ms. Huntington-LeBlanc advised that the "lure" brochure being recommended is not one that would necessarily attract business and is designed primarily for visitors, such as motor coach groups, convention delegates, tour companies etc. and that a delay in the above bid award would mean that the subject literature would not be available for the forthcoming Sell Your City event in Toronto, Ontario. During ensuing discussion, Ms. Huntington-LeBlanc displayed a sample of the subject literature and expressed her willingness to meet with the Saint John Board of Trade regarding the matter of tourist literature. Councillor Poley asked if there was any contact with the Board of Trade regarding this matter to which Ms. Huntington-LeBlanc replied in the affirma- tive and noted that a member of her Department sits on the Tourism Committee of the Board and several members of the said Board are on the Tourism Advisory Committee and should be aware of the subject brochure. Ms. Huntington-LeBlanc suggested that, although industry in the City is covered to a degree in the existing literature available, a brochure to more specifically and adequately cover same should be designed in conjunction with the Fundy Region Development Commission and the Port Development Commission. Question being taken, the motion was carried. . I I . ... ,.. . :~~1 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager submitting a copy of a letter from the Commissioner of Finance regarding the addition to the establishment of the position of Computer Operator - Shift Work, which was approved by Council on September 4, 1984 and noting that, although Article 14:04 of the working agreement with Local 486 provides a shift differential for any employee working on a rotating shift, there is no provision for an employee who works the same shift; and recommending that, based on the information in the said letter from the Commissioner of Finance, the Mayor and Common Clerk be authorized to sign the Letter of Agreement with Local 486 on behalf of the City -- be received and filed and the recommendation adopted. I Mr. Wilson, replying to a query of Councillor Gould, advised that the above shift differential represents a cost of approximately $900.00 per year and that the permanent shift in question involves the hours of between 2:00 o'clock p.m. and approximately 10:00 o'clock p.m. Question being taken, the motion was carried. I Consideration was given to a joint letter from the City Manager and Commissioner of Finance advising that, although an upper limit of 13.25% has been suggested as the interest rate for the proposed bond issue planned by the Municipal Finance Corporation, it is quite possible that the average rate will not exceed 13% and that the said Corporation is recommending an issue before year-end, and recommending that the City participate in the said bond issue. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that occasion having arisen in the public interest of the following public civic works and needed Civic Improvements, that is to say:- GENERAL FUND . Transportation Wright Street $13,367; Candle & Lynn Avenue $30,348; Charles Street Central $15,673; Dresden Avenue $32,361; Kitchener Street $14,934; Rockland Road $27,936; Sandy Point Road $17,715; Baxter Road $14,972; Demille Street $15,410; Hickey Road $9,757; Latimer Lake Road $14,451; McAllister Drive Ext. $12,337; Millidge Avenue $8,336; City Hall Walkway $645,938; Property Purchase - Rothesay Avenue $326,465 -- $1,200,000 Environmental Development Market Square $2,000,000 Recreation I Lakewood Reservoir Park $19,074; Tucker Park $9,503; Kennebecasis Dock $11,538; Lancaster Centennial Arena $11,740; Memorial Field $23,206; Shamrock Park $49,734; Somerset Community Centre $12,761; Simonds Centennial Arena $12,444; Canada Games $735,000 -- $885,000 Total General Fund - $4,085,000 WATER AND SEWERAGE UTILITY Water System Mount Pleasant Court $20,115; Potash Terminal $17,994; Rothesay Avenue $498,729; Musquash Pumping Station $15,704; McAllister Industrial Park $28,936; Watershed Development $10,940; Grandview Avenue $4,000; Musquash Pumping Station $3,582 -- $600,000 Sewer System . Shamrock Park $46,508; Rothesay Avenue $46,373; St. Catherine Street $16,634; Westmorland Grove Brook $20,681; Pine Avenue West $13,991; Prince Street West $44,587; One Mile House $13,799; Riverview Drive West $16,378; Shamrock Park $9,947; Winslow Street $39,831; Wright Street $47,991; Thorne Avenue $62,552; Armstrong Road $49,217; Brown Street '$12,108; Fairville Boulevard & Linton Road $49,906; Ketepec By-Road #4 $19,751; Local Drainage Improvements - HorsIer Drive $8,720; Mollins Drive $20,484; Old Black River Road $21,244; Sherbrooke Street $57,828; Young Street $7,597; Bayside Drive $23,358; Local Drainage Improve-. ments - Dunn Avenue & Other $17,284; South Bay Road $11,792; Wright Street $21,439 -- $700,000 Total Water and Sewerage Utility - $1,300,000 I SAINT JOHN NON-PROFIT HOUSING INCORPORATED Rockwood Court Renovation Project $615,000 Total for all purposes $6,000,000 THEREFORE RESOLVED that Debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $6,000,000. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that subject to paragraph 3 of this resolution, the Commissioner of Finance be authorized to issue and sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $6,000,000.00 on such terms and conditions as are recommended by the Corporation: . AND FURTHER that the City of Saint John agree to issue post-dated cheques to the Corporation in payment of principal and interest charges on the above bond or debenture as and when they are required by the Department of Municipal Affairs: AND FURTHER that the Commissioner of Finance be hereby authorized to receive an offer in connection .... 498 ~ with the foregoing debentures at a price not less than $98.00 per $100.00 of debenture, at an interest rate not to exceed an average of 13.25% per annum and at a term not to exceed 10 years; and further that the Commissioner of Finance report to Common Council the exact values for price per $100.00 of debenture, interest rate and term in years together with the date of the issue for . approval by Common Council. Mr. Wilson, in reply to a query of Councillor M. Vincent, briefly explained the reason for the issuance of post-dated cheques to the Municipal Finance Corporation. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager regarding the request of Mr. Brian Holland for repairs to a corner on Sproule Road, which was considered by Council on September 17, 1984, advising that authorization has been given to carry out a project involving removal of a mound of soil, ditching and a culvert, at an estimated cost of $1,000.00 which should result in correcting the problem of limited sight distance, be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding the tender for the demolition of the building located at 25-27 Golding Street, recommending that Common Council authorize the City Manager to accept the low tender of Paul's Trucking & Demolition Company Ltd., in the amount of $4,300.00, if Mr. D. H. Logan cannot meet the terms and conditions set out by the Building Inspector before noon on October 11, 1984, copies of such letter having been distributed at this meeting. Consideration was also given to a letter from Mr. D. H. Logan advising that, as the present owner of the property at 25-27 Golding Street, he is prepared to expend up to $40,000.00 to renovate the said property to meet the building code standards and also to pay the costs incurred by the City with respect to the advertising of the demolition of this building, and also advising that it is his intention to commence renovations at once and complete the work within three months. Consideration was also given to a letter from the City Manager regarding the above- mentioned property, which Council had previously ordered demolished pursuant to the 1925 Building Act, recommending that the recommendations of the Building Inspector as indicated in his submitted letter be adopted as follows:- (1) the building at 25-27 Golding Street be boarded up and maintained in a secure fashion; (2) the costs of advertising incurred by the City with respect to the demolition proceedings be recovered from Mr. D. H. Logan, such costs amounting to approximately $404.00; (3) if Mr. Logan should fail to accomplish his task, the City to be in a position to demolish the said building as soon as it becomes dangerous, therefore, a refundable deposit in the amount of the demolition costs be retained until such time as an Occupancy Permit can be issued, and that such money be spent to demolish the building by the City, or its agents, at any time during the renova- tion procedure, upon 48 hours written notice, should the property, in the opinion of the Building Inspector, become dangerous, and further that Mr. Logan be given until 12:00 o'clock noon on October 11, 1984 to meet and agree to these requirements and, should this agreement not be forthcoming within this timeframe and the appropriate deposits and costs paid, the City Manger be empowered to award the demolition contract to the low bidder. A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that as recommended by the City Manager, Common Council authorize the City Manager to accept the low tender of Paul's Trucking & Demolition Company Ltd., in the amount of $4,300.00, if Mr. D. H. Logan cannot meet the terms and conditions set out by the Building Inspector before noon on October 11, 1984, on the understanding that Mr. Logan's offer as indicated in his above letter be accepted. At the request of the Mayor, Mr. Johnson explained that, in the interim period of time following Council's order that the above building be demolished under the 1925 Building Act, Mr. D. H. Logan purchased the subject property and presented a repair scheme for the premises and that Mr. Logan, on another occasion, repaired a fire-damaged building reasonably well and that, although Mr. Logan's proposal in this regard seems reasonable, it is important to consider that the Legal Department, is actively engaged in attempting to recover City costs with respect to demolitions and one of the costs relates to advertising, therefore, it is incumbent to require Mr. Logan to pay such costs incurred in this instance; the property is still potentially dangerous and, although it is has been boarded up, adequate protection should be maintained to ensure that the property does not become dangerous and, if need be, it can be demolished if it becomes a problem and that there is adequate security to ensure that Mr. Logan complies with his proposal. Councillor Schermerhorn requested clarification of the proposed motion whereupon Councillor Knibb made the observation that the terms and conditions as set forth by the Building Inspector must be accepted by Council prior to proceeding with the proposed motion, and added that it should be made clear to potential tenderers that this is not the usual practice and their tender deposits should be returned as soon as possible. Mr. Johnson advised that the tender deposits would normally be returned to the tenderers concerned as soon as Mr. Logan provides his deposit which can be no later than October 11 if the recommendation is adopted and added that the demolition tenders in this case were higher than anticipated. Councillor Knibb withdrew the proposed motion, with the consent of the seconder. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Building Inspector, the building at 25-27 Golding Street be boarded up and maintained in a secure fashion; the costs of advertising incurred by the City with respect to the demolition proceedings be recovered from Mr. D. H. Logan, such costs amounting to approximately $404.00; if Mr. Logan should fail to accomplish his task, the City to be in a position to demolish the said building as soon as it becomes dangerous, therefore, a refundable deposit in the amount of the demolition costs be retained until such time as an Occupancy Permit can be issued and that such money be spent to demolish the building by the City, or its agents, at any time during the renovation procedure, upon 48 hours written notice, should the property, in the opinion of the Building Inspector, become dangerous. Question being taken, the motion was carried. I I . I . I I . ~ ,... ~~~ . I I . I . I I . .... Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, to adopt the recommendation of the City Manager to accept the low tender if Mr. Logan does not proceed with his proposal and, should he proceed, to return the bid deposit. The Mayor, upon Mr. Johnson's recommendation that Council authorize the City Manager to award the demolition contract to the low tenderer if it becomes necessary, advised that the City Solicitor is of the opinion that such motion is not in order and that the resolution should be to receive and file the City Manager's letter and return the tender deposits. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager recommending that Council authorize the City Manager to accept the low tender of Paul's Trucking & Demoliton Ltd., in the amount of $4,300.00, if Mr. Logan cannot meet the terms and conditions set out by the Building Inspector before noon on October 11, 1984, be received and filed and the tender deposits be returned. Councillor Gould asked if it would be in order to table the above matter for one week in the event that the City must proceed with demolition of the subject building to which Mr. Rodgers replied that the previously-adopted resolution includes the necessary conditions which the Building Inspector believes necessary to protect the City and at the same time allow the new owner to repair the building and that, if the Building Inspector is confident with such arrangement, that is the arrangement with which Council should proceed and that the Building Inspector, if he determines there is a problem, should come back to Council and start over again. Mr. Johnson, in response to a query of Councillor Schermerhorn, noted that, as has been done in the past under conditions of emergency, telephone bids can be taken with respect to a building and the City Manager, under his spending authority, can authorize the Building Inpsector to have the building demolished. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. D. H. Logan regarding the property at 25-27 Golding Street be received and filed. Question being taken, the motion was carried. Read a letter from the City Manager regarding the letter from Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., regarding the position of Chief of Police, which is to be considered by Council at this meeting, advising that the well-experienced, .nation-wide executive search firm, which has been engaged to locate, interview and evaluate candidates for the said position, has to date contacted over sixty candidates on the City's behalf and Council has interviewed several of these candidates with further interviews scheduled to occur prior to the end of October. The letter expresses the opinion that Mr. C. Breen has performed his duties as Acting Chief of Police in a very capable manner and the Union has had no reason to question his ability to manage the City of Saint John Police Force on either a short or lang-term basis and suggests that the Saint John Policemen's Protective Association should recognize that rumours are only rumours until they are substantiated and that the rumour mentioned in paragraph 3 of this Union's letter is utter nonsense as, at present, a surplus of funds exists in the Police Department's 1984 budget and it is planned to use this surplus to increase the number of constables presently on strength and to improve the police services rendered to the citizens of Saint John and that four new members will be sworn in as constables on October 15, 1984 which will bring the Police establishment to the maximum approved limit of 191 and recommends that a copy of this letter be forwarded to Mr. Stephen E. Patterson, Recording Secretary of the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. Consideration was also given to a letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., registering its anger with regard to Council's inability to appoint a Chief of Police to fill the vacancy which was created in February 1984 and that, while having the highest regard for Acting Chief Breen, it is the opinion of Local No. 61 that this position should be filled as soon as possible and that Council's failure to make the appropriate appointment has left the members of the Police Department with the conception that Council is unconcerned with the day-to-day operations of this Department. The letter refers to a rumour circulating within the Police Department to the effect that a new Chief of Police will not be appointed until February 1985 thereby allowing those unused wages to be used to balance the current City budget and expresses the hope that the Police Department will not be made the scapegoat for the management of the City of Saint John's failure to provide adequate funding to meet the needs of the present budget. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., concerning the position of Chief of Police"be received and filed and a copy be forwarded to Mr. Stephen Patterson, Recording Secretary of the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. Councillor M. Vincent concurred with Local No. 61's expression of having a permanent Chief of Police. The Mayor suggested that Local No. 61 had only to contact the City Manager's Office with respect to the above letter. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., regarding the position o~ Ghie~ o~ Police, be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Solicitor regarding the penalty clause in equipment tenders and the question of applying this clause retroactively to 1983 in order to return monies to Brett Chev-Olds Ltd. and Downey's Ltd., expressing the understanding that the ~oo ., City has computed the actual costs incurred in the delay of the vehicles and the covering of such costs has not been affected by the return of the monies, and expressing the opinion that the primary consideration in this matter falls within the area of Council policy and that it would not be a precedent-setting decision, but rather a policy decision, based on the circumstances of these two particular cases -- be received and filed: AND FURTHER that in view of the representations to the City by Brett Chev-Olds Ltd. and Downey's Ltd. and the new penalty clause in equipment tenders, Council apply the subject clause retroactively to these two companies thereby retaining the total deposit of Brett's of $3,970.33 plus $107.67 extra penalty for a total of $4,078.00 covering the City's total cost and returning $7,522.00 to Brett's and, in the case of Downey's, retain its deposit of $256.38 and return to this company an amount of $669.62. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 59-63 Millidge Avenue (L.R.I.S. Numbers 375261 and 55025704), containing 12,210 sq.ft. with a frontage of 47' feet on the western side of Mlllidge Avenue, from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law of The City Of Saint John And Amendments Thereto", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Gould . I I Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-18 . A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 59-63 Millidge Avenue (L.R.I.S. Numbers 375261 and 55025704), containing 12,210 sq.ft. with a frontage of 47 feet on the western side of Millidge Avenue, from "RM-l" Three-Storey Multiple Residential to "I-I" Light Industrial 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. 100-18 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. (Councillor Gould withdrew from the meeting.) 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 begs leave to report that it sat on Monday, October 1, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the City of Saint John contribute an amount of up to $15,000.00 toward the cost of the Sell Your City event, which is scheduled for Toronto, Ontario on November 7, 1984. 2. That as recommended by the City Manager, authority be granted for payment of the invoice of The Rocca Group Market Square Development Limited, in the amount of $25,241.52, for exterior maintenance costs for Market Square from May 17, 1983 to May 17, 1984. 3. That as recommended by the City Manager, the City land remaining on Greenhead Road after the construction of the Church Avenue Overpass be subdivided into 6 lots with the actual lot frontages to be determined in consultation with the surveyor chosen to prepare the plan; that, after official approval and registration of the subdivision plan, the lots be advertised for sale; that Mr. Daniel Dow be ,given an opportunity to purchase lot 1 before the advertisement takes place; and that the Mayor and Common Clerk be authorized to sign any documents necessary to complete the subdivision. 4. Loch that That with regard to the offer of Mr. William W. Black to sell to the City property on Lomond Road, Council adopt the recommendation of the City Manager that Mr. Black be advised the City is not interested in acquiring the subject property at this time. 5. That as recommended by the City Manager, 3,638 sq. ft. of land on Loch Lomond Road be acquired from Silver Falls United Church, at the purchase price of $13,500.00, for the McAllister Drive extension, under the following terms and conditions:- (a) the Church will agree to the removal of the parcel needed for the pumping station from the land which was to be leased to them; (b) the Church will agree to the transfer of the City's interest in the leased land to Irving Oil Limited if such transfer becomes necessary; (c) the Church will release the City from all claims it may have as a result of the construction and use of the McAllister Drive extension between Loch Lomond Road and Champlain Drive insofar as access to the property is concerned; (d) the City, as is the normal practice, will supply a culvert for a driveway from the proposed McAllister Drive extension; (e) the City will be responsible for all legal or survey work necessary to complete this transaction which is an expense normally borne by the City; and (f) the transaction will be finalized on or before October 31, 1984; and that the Mayor and Common Clerk be authorized to sign any documents necessary to complete this transaction. I . I I . ~ ,... J01 , . 1 1 . l> _I . 1 I . 6. That the letter from the City Manager regarding routine requests to Council from citizens, noting that the present policy is for any letters addressed to Council to be placed directly on Council's agenda for its next meeting; recommending that, in cases where the request of the citizen can be looked after promptly by staff without reference to Council, such letters be placed only in Council's Information Kit along with a comment from staff as to the action taken and that, in cases where a Council decision is required but a brief staff report concerning the request would assist Council in reaching that decision, such letters not be placed on Council's agenda until the meeting following, and also noting that, normally, this would apply only to two or three letters per agenda but would result in those items being dealt with more fully and expeditiously -- be received and filed and the recommendation adopted. 7. That the proposed submitted amendment to the Taxi By-Law, representing changes as recommended by the Taxi Committee, be considered at the next open session meeting of Council. Tuesday, October 9, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that section 1 of the above report be adopted. The Mayor explained that the Tourism Advisory and Sell Your City Committees are going to Toronto to sell the City of Saint John and that $35,000.00 has been donated by the private sector for same. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Councillor Knibb suggested that the item regarding Market Square exterior maintenance, which is to be considered in Committee of the Whole later this date, should be considered at this time in support of the above motion. The Mayor explained that such item indicates that, if the Engineering and Works Department had given the same amount of time to the exterior maintenance at Market Slip and North Market Wharf as did the employees of The Rocca Group Market Square Development Limited, the cost for the period between May 1983 to May 1984 would have been greater. Mr. McDermott added that the reason for this is that the City's salary levels are higher than those of the subject company for this type of work. Councillor Vaughan expressed opposition to the above motion on the basis that the above invoice should have been presented to the City simultaneously with the agreement with this company for such services for the period of time between May 1984 to May 1985 and also that the subject work should be performed by City forces. (Councillor Gould re-entered the meeting during the foregoing discussion.) Question being taken, the motion was carried with Councillors Poley and Vaughan voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb - Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Mr. Todd, replying to a query of Councillor Gould, expressed the understanding that the City originally gave the subject property to the Silver Falls United Church whereupon Councillor Gould expressed the opinion that, if the City gives property to churches at a nominal fee, such property should not be repurchased at a profit to the church concerned. Councillor Knibb noted that it will be necessary for the Church to expend a considerable amount of money to construct a driveway. Councillor M. Vincent re-iterated his previous request that the carwash operation on this property, from which water runs onto Loch Lamond Road and could wash out same, be looked into as it is still in operation. Qu.estion being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be ~ adopted. The Mayor noted that the above procedure should result in a more streamlined agenda and assist the citizens by expediting their requests for assistance and direction as received therefore resulting in the citizens being better served by the City as action will be taken immediately on their requests. Councillor Gould suggested that a letter should be forwarded to the person making the request or inquiry etc. advising what action will be taken with respect to same to which the Mayor replied that Mr. McDermott has indicated that Council will be provided with a copy of the letter forwarded to the citizen concerned so that Council will be aware of action taken. Question being t~ken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulation And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", be read a first time. 502 " Read a first time the by-law entitled, Regulation And Licensing Of Owners And Operators "A By-Law To Amend A By-Law Respecting The Of Taxicabs In The City Of Saint John". Councillor Knibb, Chairman of the Taxi Committee, explained that it is not the intent to restrict freedom of competition'unnecessarily; however, some restriction is required and noted that this matter arose with the request of Mr. Patrick Roy, which was previously considered by Council, to open a taxi company on the West Side of the City. Councillor Knibb explained that, in order to be issued a taxicab business license, the applicant must have at least ten operational cars in its fleet, eight of which shall be ready for the road at anyone time, shall operate its business and dispatch its radio communication on a 24-hour day, 365 day-a-year basis, and all cabs shall be associated with one of the companies which will eliminate the practice of those persons with licenses to operate a taxicab not belonging to a taxi company. Councillor Knibb noted that the members of the taxi industry are anxious to co-operate and are concerned that the citizens shall have the best possible taxi service and that he is pleased with the agreement which has come from within the taxi industry. Councillor Vaughan noted that, although an applicant must have ten cars, these cars do not have to be owned by one person in order to set up a taxi company as all that is required is that there be ten cars available for that particular company. Councillor Murray suggested that, particularly in view of the 1985 Canada Summer Games, taxi company owners could take note of the attire of their drivers in an attempt to improve same and the Mayor suggested that a program could be provided to update taxi drivers on various matters of interest within the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that A By-Law Respecting The Regulation And Licensing Of Owners Of Saint John", be read a second time. . the by-law entitled, "A By-Law To Amend And Operators Of Taxicabs In The City Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulation And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John". Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the application of Mr. Norman Smith for a Municipal Plan amendment and re-zoning of property at 43-45 Broad Street and 234-236 Sydney Street, the public hearing for which was held at Council's last meeting with no readings given, recommending that the application be approved subject to the re- zoning being pursuant to Section 39 of the Community Planning Act requiring that all vehicular access be restricted to Sydney Street. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to 'redesignate two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from Medium Density Residential to District Centre Commercial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from Medium Density Residential to District Centre Commercial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from "RM-l" Three-Storey Multiple Residential to "B_2" General Business classification, pursuant to Section 39 of the Community Planning Act requiring that all vehicular access be restricted to Sydney Street, be read a first time. Read a first time the by-law to amend the Zoning By~Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from "RM-l" Three-Storey Multiple Residential to "B-2" General Business classification, pursuant to Section 39 of' the Community Planning Act requiring that all vehicular access be restricted to Sydney Street, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. . 1 1 . 1- . 1 1 . ...... ,.. 50:] . Councillor Schermerhorn suggested that there could be a preference by the applicant to have entrance off both Broad and Sydney Streets to which Mr. Winch replied that Broad Street carries much more traffic than does Sydney Street and that the intent is to attempt to minimize the number of intersections on the former street. Councillor Gould noted the presence of the applicant in the Council Chamber and asked if he agrees with the proposed amendment under Section 39 whereupon the Mayor suggested that Council proceed with first and second readings and, should the applicant not agree with the proposed amendment, he can submit a letter to Council prior to third reading. Mr. Winch noted that the applicant indicated at the Planning Advisory Committee meeting that, although he prefers two accesses to his business operation, he could abide with the restriction. Question being taken, the motion was carried. 1 On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the letter from Saint John Project Ploughshares advising that the General Assembly of the United Nations has designated October 24 to 31, 1984 as Disarmament Week, submitting a proclamation declaring the said week to be Disarmament Week in the City of Saint John, and requesting that the United Nations flag which was flown on the island in front of the City Hall building last year be flown again during Disarmament Week -- be referred to the Mayor for the reading of the proclamation the week of October 24, 1984. I Question being taken, the motion was carried. On motion of Councillor M. Vincent . . Seconded by Councillor Flewwelling RESOLVED that the letter from Saint John "Riverboat Classic" noting that in 1983 Thistle-St. Andrews Curling Club celebrated the second annual Riverboat Curling Classic which was highly successful and requesting that the City of Saint John provide a grant of $500.00 for the purpose o~ a welcoming reception for members of the press, curlers, V.I.P.s and Council reprentatives, and also provide four books on the Saint John River and Saint John Harbour to be given to the first-place curling rink -- be referred to the grants committee. Councillor Murray noted that the Grants Advisory Board, of which he is Chairman, will be presenting its recommendations to Council by November 1, 1984 with regard to 1985 grants of this nature. It was noted that the above grant request is for the current year. Question being taken, the motion was carried. On motion of Councillor Schermerhorn _I Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E. stating that it is very disturbed over the press release during the week of September 23 to 29, 1984, in which the City of Saint John's intended bargaining position with regard to wages was given to the media before presentation to the Union negotiating committee was made and expressing the opinion that, if this action is going to be the rule rather than the exception in negotiating Local No. 61's upcoming contract, it will have a very detrimental effect on the bargaining process and the spirit of bargaining in good faith on the forthcoming negotiations -- be received and filed and Council express its concern and regret with respect to the information which was the source of the subject newspaper article and assure the four civic unions that it is not the City's intent to negotiate through the media. During discussion of the above matter, the Mayor confirmed that no press release was issued respecting the City's position on wages to be considered in the forthcoming contract negotiations and Councillor Knibb suggested that, although the source of information to the media in this regard is unknown, Council should assure the civic unions that it is not Council's intent to negotiate through the media. Question being taken, the motion was carried. On motion of Councillor M; Vincent' . Seconded by Councillor Gould' RESOLVED that the letter from the Saint John Protective Association, Local No. 61, C.U.P.E., registering its disapproval with recent press releases by the Mayor on matters of Pension Board Trustees; expressing the opinion that it appears that the Mayor's dual role of Chief Magistrate of the City and Pension Board Trustee cannot be disassociated from one another which would jeopardize certain actions of the Pension Board Trustees or the Board itself should be made after a democratic vote by all Pension Trustees is taken on the material to be released to the press and that, if this suggestion is unsatisfactory, all meetings of the Pension Board be open to the public so that the public can become fully informed on all matters relating to the Pension Board and its Trustees rather than those topics which the Mayor alone feels woUld'be of public interest -- be received and filed I Councillor Knibb expressed the opinion that Local No. 61 is exceeding its rights and prerogatives in making the assertion that Council should not allow the Mayor, as Chief Magistrate, to speak on matters of public concern and that this letter and the letter concerning the resignation of Detective Bernard Desmond from the Board of Trustees, which is to be considered later in this meeting, are in very poor taste and are not designed to better the position of Local No. 61, the retired persons or the citizens of the City of Saint John, and the Mayor suggested that Local No. 61 should have directed the above letter to the Pension Board. 1 QueEtion being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., advising that the statement made by the Mayor, which appeared in the Telegraph Journal on September 29, 1984, regarding Detective Bernard Desmond being replaced by Local No. 61 because he did not vote in a manner consistent with the other Union Trustees on a specific pension matter, is erroneous and untrue as Detective Desmond resigned after a lengthy discussion on numerous pension matters dealt with by the present Board of Trustees over a long period of time and Mr. Albert C. Martin was then duly elected to fill the vacant position of Pension Trustee for Local No. 61, C.U.P.E., requesting that the Mayor get her facts straight before going to the media in future and suggesting that the Mayor manage the City of Saint John and let the Police Union look after its own business -- be received and filed. Question being taken, the motion was carried. .... ~ij~ "IIIIl Read a letter from Mr. Eric L. Teed urging the City to preserve the cobblestone with which Water, Street is underlaid and have them reset as the paving surface from Market Square to Dock Street, which would be the Rater side of the Heritage Block. Councillor Schermerhorn proposed a motion that the above letter be referred to the City Manager for a report and recommendation as well as a costing of the above matter whereupon the Mayor advised that the City Manager wishes to comment on same. Mr. McDermott advised that a letter has been dictated in reply to Mr. Teed's letter and that Mr. Teed's request is being considered and he added that it has been a City policy to restore cobblestones and use same in suitable projects. Councillor M. Vincent made the observation that it would not be feasible to reset Dock Street in cobblestones while such street is part of the inner-City truck route. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the letter from Mr. Eric L. Teed regarding cobble- stones on Water Street be received and filed with the City Manager to take note of the contents therein. Question being taken, the motion was carried. Consideration was given to a letter from Mr. Gordon L. Christensen requesting that the surveyor pin, which was removed when the City works crew was repairing the sidewalk in front of his property at 85 Main Street, be replaced as soon as possible. Councillor Schermerhorn proposed a motion that the above letter be referred to the City Manager for appropriate action whereupon the Mayor advised that a motion to receive and file is in order and that Mr. Christensen be advised that the pin will be replaced as indicated by the City Manager. On motion of Councillor Knibb . I I Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Gordon L. Christenslen requesting replacement of the surveyor's pin in front of his property at 85 Main Street __ be received and filed and he be advised that the pin will be replaced. . Question being taken, the motion was carrieq. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Vh"7fJ6; 7,2WYlltwi At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifteenth day of October, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and A. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; I. Bruhier, Development Officer; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Lloyd Lake, Rector of All Saints Anglican Church, offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on October 9, 1984, be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Her Worship the Mayor read a proclamation proclaiming the week of October 22 to 26, 1984 to be Insurance Week in the City of Saint John and encouraged citizens to use this occasion to obtain answers to questions they may have concerning insurance. The Mayor noted that Fire Prevention Week was held in the City during the week of October 8, 1984, such week designed to stress the importance of practicing fire safety and totally co-ordinated through the efforts of volunteers and extended thanks to those concerned for their interest in such an essential program. The Mayor commented on the Community Revitalization Conference, which concluded on October 12, 1984 and added that the one complaint of which she is aware concerns the taxi service in the City which she will discuss with Councillor Knibb, Chairman of the Taxi Committee. Councillor Vaughan commented on her attendance at the 100th anniversary celebration of St. Peter's Church on October 13, 1984 and Councillor Poley commented on his attendance at the Poverty 1- . 1 1 . .... ~ ~ij5 . 1 1 . I . 1 I . ~ Awareness Seminar during the past weekend at which several matters, including the problem of housing, were broached. A brief discussion ensued regarding this latter matter during which time the Mayor asked that Councillors Poley and Vaughan, both of whom attended the subject seminar, to submit to Council any documen~ tation respecting housing for subsequent referral to the Saint John Non-Profit Housing Inc. On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS Kenneth Colin Irving has been prominently identified with the port and industrial life of the City of Saint John and has made outstanding contributions to the Province of New Brunswick and to Canada; and WHEREAS Mr. Irving has been a prominent business leader not only in the City of Saint John but nationally and internationally and has been officially recognized for his contribution to the advancement and prosperity of our country by his induction into the Canadian Business Hall of Fame; and WHEREAS much of the industrial development in the City of Saint John is due to the efforts of Mr. Irving and he has supported ever vigorously the development of the City of Saint John; and WHEREAS Mr. Irving has served his King and Country, in time of war, as a pilot in the Royal Flying Corps during World War I; and WHEREAS Mr. Irving has shown his high regard for the City of Saint John by his continued interest therein and in the welfare of his fellow citizens by his support of many charitable and philanthropic projects; and WHEREAS it is deemed fitting that the City of Saint John should recognize the great personal achievements and exceptional stature of Mr. Irving, who has through life exemplified the highest degree of citizenship; and WHEREAS the Common Council of the City of Saint John may, by law, confer the Freedom of the City upon any person for the purpose of honourable distinction: THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John does hereby confer the Freedom of the City upon Kenneth Colin Irving, Esquire.". The Mayor noted that the formal presentation of the above conferment to Mr. Irving will be made on October 16, 1984 during the annual Saint John Port Days dinner. Question being taken, the motion was carried. Read a letter from Mayor Wayne advising that, following discussions with and a submission to the members of the Provincial Department of Transportation concerning the continued construction of the North/South Arterial and funding for same, the next phase of the North/South Arterial has been authorized by the said Department and the City has been authorized to proceed with the necessary steps to make arrangements with the Province for the calling of tenders and that the estimated cost of this project is in the vicinity of $715,000.00, and suggesting that Council should express the City's continued appreciation to the Minister of Transportation for the interest of his Government in this community. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the Common Council of the City of Saint John express to The Honourable Wilfred G. Bishop, Minister of Transportation, the City's continued appreciation for the interest of the Provincial Government in the City of Saint John. The Mayor noted the presence in the Council Chamber of Mr. Eric Kipping, Member of the Legislative Assembly for Saint John North, and at her request, Mr. Kipping addressed Council briefly in this regard and advised that he would extend the above expression of appreciation to The Honourable Mr. Bishop. Mr. Robichaud displayed a drawing of the North/South Arterial project and explained the three phases in which it will be constructed and the Mayor, in reply to a query of Councillor Poley, expressed the understanding that the Provincial funding for the subject project will be over and above that provided for Provincially-designated highways. Councillor A. Vincent asked when the subject tender will be advertised for the above phase to which the Mayor noted that the City is currently preparing the design following which it will submit a tender package for the first phase of this project to the Province for approval. Deputy Mayor Davis suggested that, as the completion of the North/South Arterial is of high priority, the City should complete the design and finance phases 2 and 3 of the North/South Arterial with the Province to repay the City at a later date to which the Mayor asked that the City Manager review this matter, however, the City would not want to be responsible for interest charges on the financing required for same and suggested that Council should be given a teach-in on the next phase of this highway. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that for payment of the following invoices, namely:- Steele Trucking Ltd. - supply of gravel Grove Construction & Paving Ltd. - supply of gravel Stephen Paving (1982) Ltd. - supply of asphalt as recommended by the City Manager, authority be granted September 17-28, 1984 September 21-29, 1984 October 4-10, 1984 $ 7,992.36 5,732.68 $42,512.62 Question being taken, the motion was carried. Mr. Robichaud, replying to a query of the Mayor, advised that, although the City's paving program for 1984 was completed last week, it is intended to put down an additional $150,000.00 worth of asphalt as approved by the City Manager and confirmed that the maintenance projects for the year were completed under budget. Question being taken, the motion was carried. ""11II k)O~ . On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the statement of payments made during the month of . August 1984 be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, a purchase order be issued to M.I.T. Sales Co. Ltd. for installation of thermoplastic pavement markings with regard to the Charlotte Street reconstruction project in an amount estimated at $6,000.00 with payment to be based on the submitted unit rates. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the request of Mr. A. Kelly for correction of a flooding problem on his property at 28 Rockcliff 1 Street, which was considered at Council's meeting of October 1, 1984, advising that, prior to finalizing a tentative solution to install the necessary curbs and catchbasins on McLeod Street so that water from the City streets is directed into the existing sewer system and not onto private property, it will be necessary to check the elevations to ensure that the solution to this problem does not create problems for adjacent properties on McLeod Street, and that a recommendation will be available once this investigation has been completed -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the contract for the collection of revenue from parking meters be awarded to Parrtown Security (1979) Ltd., at the tendered prices as follows:- price per meter collected - 1st and 2nd years - $.30 and price per $100.00 to segregate and deposit U.S. coins - no charge. Councillor A. Vincent asked why a different company from that engaged by the City is responsible for collecting parking meter revenues at the Saint John Airport to which Mr. McDermott replied that the Department of Transport is responsible for this matter and, upon Councillor A. Vincent's suggestion that an excess amount of ticketing occurs at the Saint John Airport, the Mayor advised that she would discuss this matter with the committee on which she sits with regard to the Airport. Question being taken, the motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of trees be awarded in accordance with the recommendation contained in the submitted bid summary. Mr. Robichaud, in reply to Council queries, explained that trees of a fairly large size are required as small trees are more subject to vandalism and that the above trees will be used at various locations throughout the City to replace trees which have been removed or at locations where citizens have requested trees to be placed and the need for same determined. Mr. Robichaud noted that most of the above trees are very hardy in nature and can withstand the City's environment and confirmed that, on those items where no tender is recommended for acceptance, negotiations with a Sussex supplier . could result in more acceptable prices than those tendered by the companies concerned. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Lancaster Centennial Arena O'Brien Electric Co. Ltd. Lighting improvement Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated October 9, 1984 Final holdback release I $ 13,259.00 13,259.00 Nil 10,420.15 $ 2,838.85 I 2. Somerset Street - l6" Watermain Contract 84-3 W.A.C. Excavators Limited Supply and install approximately 940' of 16" watermain plus appurtenances Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated October 11, 1984 Final holdback release $105,271. 23 85,434.81 Nil 71,203.07 . $ 14,231. 74 Question being taken, the motion was carried. .... ,.. '-.507 . On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, permission be granted to the Knights of Columbus, Saint John Council No. 937, to erect a Nativity Scene in King Square during the Christmas season. Question being taken, the motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto"; by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from Medium Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-19 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning two lots at 234 Sydney Street and 39-45 Broad Street (L.R.I.S. Numbers 2204 and 786, respectively), from "RM-l" 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 on the condition that all vehicular access be restricted to Sydney Street. The by-law entitled, "By-Law Number C.P. 100-19 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. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulation And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. 1 The by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulation And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", was read in its entirety. Councillor Gould noted that Mr. D. Whipple whose letter regarding the above-proposed By-Law amendment is to be considered at this meeting, is/g~~sin the Council Chamber and suggested that he should be invited to address this matter. Councillor Knibb suggested that, following Mr. Whipple's presentation, Mr. P. McIntyre, who is also present in the Council Chamber, should be asked to address Council on behalf of the taxi owners of the City. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that Messrs. D. Whipple and P. McIntyre be invited to address Council at this time. . Question being taken, the motion was carried. 1 Mr. D. Whipple addressed Council and, referring to his said letter, advised 'that it is very difficult to open a taxi stand with the ten-car requirement as it would be difficult to get ten established vehicles to work for the company concerned as they would not make adequate money to meet their necessary requirements and that it is highly improbable to be able to get ten cars to open a new taxi stand. Mr. Whipple also advised that, more importantly, if the present taxi stand owners would like to get rid of a driver for some reason or other, such as criminal offences, etc., and discuss with other stand owners about not hiring such driver then that driver would effectively be put out of the taxi industry as he would have no place to gain employment. 1 The Mayor expressed the understanding that the taxi industry was in agreement with the above- proposed By-Law amendment to which Councillor Knibb, Chairman of the Taxi Committee, replied that he is of the opinion that the taxi industry has addressed the problems broached by Mr. Whipple and that such amendment does not exclude fair competition in the taxi business in the City and noted that Courtesy Cab was able to commence an operation with more than ten cars earlier this year and has been more than successful. Mr. Whipple advised that the problem is not that there are too many taxi stands in the City but rather that there are too many cars. Councillor Vaughan asked the number of cars which would be considered an acceptable alternative to which Mr. Whipple replied that he could start a taxi stand with four or five cars and keep it open effectively until such time as other vehicles joined the stand and that he would be in agreement with the requirement of ten cars in progress over a period of time. Mr. Whipple, replying to queries of Councillor Gould, expressed the opinion that the matter of putting a person out of the taxi business because of criminal activity or a dilapidated vehicle should be left to the Taxi Inspector and he asked if it is within the City's right to actually prevent a person from opening a taxi stand in the City. Mr. Rodgers replied that the proposed By-Law amendment was prepared on the understanding that the Taxi Committee and the taxi association had agreed to same and that, if this matter needs re-examining, he would prefer to do so rather than give another opinion at this time. . Mr. P. McIntyre addressed Council and advised that, as it is considered that twenty vehicles are required to effectively operate a taxi stand on a paying basis, the ten-car requirement was selected as the half-way point with the object being that if a stand commenced with ten vehicles it would increase to twenty. With regard to the main concern expressed by Mr. Whipple that, if the stand owners decide that a driver is not wanted in the taxi industry, that driver would have no recourse, Mr. McIntyre noted that such driver ll.. 503 'IIIIl would have an automatic recourse to present a grievance to the Taxi Inspector and ultimately to Common Council. Mr. McIntyre advised that, although there should only be 135 taxis in the City as opposed to the approximate 235 taxis which exist at the present time, a system is being sought whereby the 235 vehicles can exist together and that, to date, the taxi industry has improved tremendously insofar as image is concerned and that ,the proposed amendment does not pose a great hardship on those concerned. Mr. McIntyre, replying to queries of the Mayor, advised that a proper dress code for taxi drivers is being considered and that the industry is very conscious of the forthcoming Canada Summer Games and the need for adequate taxi parking, better traffic flow with the anticipated increase in taxi requests, methods of transporting handicapped persons, etc. and explained the involvement of the taxi industry on the Taxi Committee and that Mr. Whipple's objection is the first of which he has heard. Councillor A. Vincent asked if the 24-hour a day, 365-day-a-year operation proposed in the subject By-Law amendment is legal to which Mr. Rodgers replied that he will review this matter further. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mr. D. Whipple regarding the proposed amendment to the Taxi By-Law be received and filed. Question being taken, the motion was carried. (Deputy Mayor Davis withdrew from the meeting.) 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 Xour Committee begs leave to report that it sat on Tuesday, October 9, 1984, when there were present Mayor Wayne and Councillors Davis, Gould, Flewwelling, Knibb, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the request for a grant for the purpose of a welcoming reception On the occasion of the Third Annual Saint John Riverboat Classic curling bonspiel to be held at the Thistle- St. Andrews Curling Club and for four books on the St. John River and Saint John Harbour to be given to the first place rink, a grant in the amount of $500.00 and the donation of the four books be approved. . 1 I . 2. That as recommended by the City Manager, the remalnlng half'of Site' "D" on Chesley Drive be leased to the Saint John Racquet Club for a period of 54 years commencing November 1, 1984; that the annual lease payments for the initial 25 years be $17,937.50; that working drawings for the project, 1 in general conformity with the conceptual plans previously submitted, be submitted to the Housing & Renewal Services Branch by December 31, 1984 with the project to be discussed, prior to such drawings being prepared, with the Planning Branch and Engineering and Works Department to ensure their requirements are incorporated; that construction of the project be completed by October 31, 1985; and that no work of any kind take place on the site until the necessary lease documents are executed. October 15, 1984 Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air man. (sgd. ) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the letter from the Committee established to review a proposal for a Saint John Sports Hall of Fame recommending (1) that Common Council approve the formation of a Saint John Sports Hall of Fame; (2) that the following locations for same be considered:- (i) the former Saint John Library building, (ii) the New Brunswick Museum and (iii) Market Square, with the sportsplex, when constructed, considered as the ideal permanent location for the Saint John Sports Hall of Fame and, in any case, such Hall to be located in a high-profile place with ease of access by the public; (3) that, at least in the initial stages, the Recreation & Parks Advisory Board, with power to add, serve as the Board of Governors; (4) that the documentation collected by this Committee be turned over to the said Board; (5) that the Board be requested to study this and other pertinent lnformation that may be obtained with a view to prepare and submit a report for policy consideration of Common Council which should contain recommendations on location, statement of purpose, administration, finances, classification of members, eligibility for election, form of enrollment, selection committee, basis and selection of candidates and any other recommendations pertinent to the Council policy decision in this regard, and advising that it is the view of this Committee that the City's next Annual Sports Recognition Banquet, which is scheduled for June 1985, be the target date for the first inductees into the Saint John Sports Hall of Fame -- be received and filed and the recommendations adopted. Question being taken, the motion was carried. . I I . ... ,.. .'509 On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the 1983 Annual Report of The Power Commission of the City of Saint John be received and filed. 1 Councillor Knibb noted that the Power Commission has increased in both consumer use and profit and that it is the latter matter which is to be addressed by the Commissioner of Finance and the Commission insofar as to what use such profit is put. The Mayor advised that meetings have been held with the Power Commission with further meetings anticipated and that a report will be submitted to Council following same. Mr. Wilson noted that, as indicated in the submitted annual report, the total funds from operations in 1983 amounted to $2,612,920.00, which includes the profit for the year, and that a total of $2,424,552.00 was used in additions to fixed assets, decreasing the long-term debt and increasing special funds. Councillor A. Vincent noted that the City of Saint John enjoys the lowest rate for power in the Province of New Brunswick. Question being taken, the motion was carried. (Deputy Mayor Davis re-entered the meeting.) 1 Read a letter from the' Saint John Transit Commission advising its intent to operate summer bus tours, as provided during August 1984, in the City during July and August 1985 and that, with a more vigorous promotion and an increase in fares, it is hoped that such operation will break even; noting that, in the past, the City has hired guides and chartered the Commission's buses'to provide such tours and that the Commission proposes to save the City such funds, and requesting that the City underwrite the loss of the 1985 tours up to a maximum of $2,000.00. Councillor Knibb proposed a motion, which was seconded by Councillor Schermerhorn, that the City underwrite the loss of the 1985 bus tours up to a maximum of $2,000.00 whereupon Councillor Gould asked if this request should not be referred for discussion during consideration of the Transit Commission's 1985 budget proposal. The Mayor suggested that Council approve the above request and review same during the budget consideration. The proposed motion was withdrawn with the consent of the mover and seconder. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the request of the Saint John Transit Commission for the City to underwrite the loss of the slimmer bus tours 'to a maximum of $2,000.00 be approved and such matter be discussed during consideration of the Commission's 1985 budget proposal. Question being taken, the motion was carried with Councillor Gould voting "nay". On motion of Councillor Schermerhorn 1 Seconded by Councillor Vaughan RESOLVED that the letter from Loyalist Days Inc. requesting that a representative of Common Council be present at the Saint John Airport on October 19, 1984 to give some last-minute encouragement to Miss Mary Lynn McNeil, Miss Saint John 1984, who will be leaving for Toronto, Ontario on that date for The Miss Canada Pageant to be held on October 29, 1984 -- be received and filed and Council support Miss Saint John as requested and express best wishes to Miss Mary Lynn McNeil. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from The Saint John 1985 Canada Summer Games Society, Inc., requesting that, as indicated in Appendix A of the submitted September 1984 report, to substitute Princess Elizabeth School Field as a soccer and field hockey practice venue in lieu of the previously-approved Simonds High School Field, with Millidgeville North High School being designated as the practice field for rugby, due to the considerable cost saving anticiapted in transportation costs, and advising that, since it is a practice field, the use of Princess Elizabeth School Field would be more economical than that of Simonds due to its proximity to all of the main competiton venues for soccer and field hockey and that both the Society and the Board of School Trustees, District #20 have agreed to this substitution -- be received and filed and the request be approved. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Vaughan RESOLVED that the letter from the Premier's Council on the Status of Disabled Persons congratulating the City of Saint John for the passage of the Parking By-Law amendment relating to enforcement of reserved parking spaces for disabled persons, advising that a proposal has been submitted to the Provincial Government asking for appropriate legislation to enable Province-wide enforcement of such reserved parking and that Common Council's efforts have helped to establish a major precedent and to demonstrate another example of recognition of the problems faced by citizens with disabilities -- be received and filed with Council's appreciation. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from the Saint John Chapter of the Canadian Citizenship Federation, which jointly with the Saint John Multiculturalism Association, is arranging its annual meeting and a citizenship symposium to be held in Saint John in April 1985, requesting that, as Saint John is believed to be the only City which specifically refers to citizens in its Charter, the City sponsor a breakfast or luncheon for approximately 200 delegates who are to attend from across Canada, and the letter from the Multicultural Association of Saint John requesting a grant in,the amount of $1,000.00 to help defray expenses of a wide variety of projects and events which are hoped to add to the quality of life of this City during 1984-1985, and advising that, although this Association will be applying for renewed funding from the Secretary of State to commence April 1, 1985, the additional funding is required to carry out all of the proposed programs -- be referred to the grants committee. Question being taken, the motion was carried. .... 5!O ""'11III On motion of Councillor Schermerhorn Seconded by Councillor Gould " ') ,~c " ' '" RESOLVED that the letter from Super Slide Ltd. requesting per~is~j0: . mission to operate a full canteen service as part of its waterslide facility which is currently located in the Fisher Lakes area of Rockwood Park be referred to~':,tl;e City Manager for a report and reconnnendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that Council recess until 7:00 o'clock p.m. I Question being taken, the motion was carried. The meeting resumed at 7:00 o'clock p.m. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Scheudle 2-A, the ,Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land approximately 2 acres in area with a frontage of approximately 180 feet on the east side of the Westfield Road where it meets the Martinon By-Pass (L.R.I.S. Number 304121), from Low I Density Residential to District Centre Commercial classification and (b) to re-zone the same parcel of land from "IL-l" Neighbourhood Institutional to "B-2" General Business classification, to permit the parcel to be used for offices and other business uses, as requested by Mr. William Kirk, and that no written objections were received in this regard. No persons were present with regard to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee recommending that the above Municipal Plan amendment and re-zoning application be approved. On motion of Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land approximately 2 acres in area with a frontage of approximately 180 feet on the east side of the Westfield Road where it meets the Martinon By-Pass (L.R.I.S. Number 304121), from Low Density Residential to District Centre Commercial classification, be read a first time. Seconded by Councillor Schermerhorn . Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land approximately 2 acres in area with a frontage of approximately 180 feet on the east side of the Westfield Road where it meets the Martinon By-Pass (L.R.I.S. Number 304121), from Low Density Residential to District Centre Commercial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the City of Saint John insofar as it concerns re-zoning a area with a frontage of approximately 180 feet on the east the Martinon By-Pass (L.R.I.S. Number 304121), from "IL-l" General Business classification, be read a first time. the by-law to amend the Zoning By-Law of parcel of land approximately 2 acres in side of the Westfield Road where it meets Neighbourhood Institutional to "B-2" Question being taken, the motion was carried. 1 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land approximately 2 acres in area with a frontage of approximately 180 feet on the east side of the Westfield Road where it meets the Martinon I By-Pass (L.R.I.S. Number 304121), from "IL-l" Neighbourhood Institutional to "B_2" General Business classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. . Question being taken, the motion was carried. j ,.. . ~Ql . Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2- A of the Plan a parcel of land located at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from Low Density Residential to Light Industrial classification, to provide for the re-zoning of the lot to "I-I" Light Indusrial classification, to permit the establishment of an auto body shop, as requested by Ken's Auto Body Ltd. . Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2- A of the Plan a parcel of land located at 329 Lowell Street (L.R.I.S. Number 385526), containing an area of 8,500 sq.ft. with a frontage of 50 ft. located on the southern side of Lowell Street, from Low Density Residential to Light Industrial classification, to permit re-zoning of the property ,to Light Industrial classification so that the existing building may be used for industrial purposes, as requested by Trueman Morrow Ltd. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 C(k/iy, V( Vh//a(,uc{ ommon Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-second day of October, A.D. 1984, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Winch, Deputy Commissioner of Community Planning; C; Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; M. Hanlon, Purchasing Agent; C. E. Nicolle, Director of Recreation and Parks; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. and , Miss M. Conley, Administrative Assistant to the Mayor. The meeting opened with the reciting of The Lord's Prayer. On motion of Councillor Schermerhorn 15, 1984, be adopted. Seconded by Councillor Gould RESOLVED that minutes of the meeting of Common Council, held on October Question being taken, the motion was carried. . Her Worship the Mayor referred to an item regarding the Annual United Way Walk (copies of which were forwarded to Council members as an information item), to be held on Sunday, October 28, 1984 and noted that radio station CFBC, Maritime Beverages and the United Way of Greater Saint John would appreciate Council members and members of the general public attending same. Her Worship the Mayor commented on the visit to the City of Imperial Potentate Gene Bracewell of the Shrine of North America on the occasion of the 81st anniversary of the Potentate and Divan of Luxor Temple, which was held on October 17, and, concerning a reference, she had made to Mrs. Eleanor Roosevelt having been conferred the Freedom of the City of Saint John, noted that two other women, namely, Mrs. Muriel Teed and Sister Marguerite Murphy (Sister Veronica), were also conferred the Freedom of the City. 1 Her Worship the Mayor read three proclamations, proclaiming as follows:-(l) October 24 to be McHappy Day in the City of Saint John, the proceeds from which will be contributed to the Ronald McDonald Houses of Canada which are temporary residential facilities that serve as a home away from home for the parents of children being treated for a serious illness; (2) October 21 to 27 to be Small Business Week in the City of Saint John, and (3) the week commencing October 24, which is the day of the founding of the United Nations, to be Disarmament Week in the City of Saint John. /1 With regard to the latter proclamation, the Mayor noted the presence in the Council Chamber of Mr. Bruce Stevens of Saint John Project Ploughshares, who addressed Council and explained the purpose of this group following which he presented the Mayor with a United Nations flag to be flown during Disarmament Week. The Mayor noted that Mr. Frank McCarey, former General Manager of SMT Eastern Ltd., is now General Manager of the Saint John Transit Commission, replacing Mr. Lutz Ecker who resigned recently from the said position. . A brief discussion ensued during which time Councillor Vaughan commented on the forthcoming Miss Canada Pageant in which Miss Mary Lynn McNeil, Miss Saint John, will compete and suggested that a telegram should be forwarded on behalf of Council to Miss McNeil wishing her best wishes for success; Councillor Knibb referred to his attendance at the Festival of Cultures, which was sponsored by the Saint John Multicultural Association; Councillor Schermerhorn noted that Master Mark Bishop, a grade 3 student at Rothesay Elementary School was made Fire Chief for a day at McAllister Place Mallon October 20; and Councillor Poley commented on the opening of the Canon Hart Residential Centre of the John Howard Society on Carleton Street on October 19 and to the official opening of the Harbourside Club on Chesley Drive on October 17. Il.. 512 " Consideration was given to a letter from Mayor Wayne asking Council's direction for the scheduling of the regular Council meeting which would normally be held at 7:00 o'clock p.m. on November 12 in view of such day being a holiday for civic employees in lieu of Remembrance Day. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that Council meet on Tuesday, November 13, 1984 at 7:00 o'clock p.m. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne regarding the subject of parking meters and the system of ticketing in the Air Canada parking lot at the Saint John Airport, which was discussed at Council's last meeting, advising that, based on her discussion with Mr. Rossiter, Manager of the Saint, John Airport, she concurs with the present system of ticketing which is fair and just and recommending that, in view of the dicussion which took place at the last meeting, an apology should be extended 'by Council, to Mr. Rossiter. 1 The Mayor advised that, on October 20, she received a letter from Mr. Rossiter in which he explains that in 1982 an agreement was entered into between the City and the Airport whereby the City was to receive 60 per cent of the fines and that, although to date the City was receiving 100 per cent of such amount, it will now be held to the subject agreement. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend an apology to Mr. H. G. Rossiter, Manager of the Saint John Airport, in this regard. Councillor A. Vincent noted that the parking lot in question is owned by the Department of Transport and not Air Canada and asked the amount of revenue realized by the City in this regard for . the past four years. Councillor A. Vincent suggested that one-hour parking meters, rather than half-hour meters as currently are in place, should be installed at the Airport and asked if the City could make such a request to which Mr. Rodgers replied that it would be necessary for him to review this matter to determine the applicable law. Mr. Wilson advised that the City has received, as a result of voluntary payments in this regard, in 1981, 1982, 1983 and to date in 1984, the amounts of $1,207.00, $239.00, $1,192.00 and $4,299.00, respectively. Councillor A. Vincent asked that a copy of the said agreement be made available to Council. Question being taken, the motion was carried with Councillor A. Vincent voting "nayll. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely: - ; , '.-r'.:..f Stephen Paving (1982) Ltd. - supply of asphalt October 11-17, 1984 $76,922.58 1 A brief discussion ensued during which time Mr. Robichaud advised that the asphalt padding is yet to be placed along the recently-installed curbing on Manawagonish Road and explained where the additional 4,500 tons of asphalt will be laid throughout the City this year. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of plow blades and edges, to be supplied on an as-and-when-required basis for the winter season, be awarded as follows:- items number 7 and 15 to Standard Machinery and Equipment ... Company Limited, at the prices as indicated on the submitted bid summary, and the balance of items to Apex Industrial Supply Limited, at the prices as indicated on the submitted bid summary for stock on hand and, if additional items are required, at the prices quoted. Question being taken, the motion was carried. On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 84- 16, walkway between the City Hall link and the aquatic centre, be awarded to the low tenderer, W. E. Kelly Limited, in the amount of $158,000.00, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Councillor Flewwelling suggested that, in view of the subject amount which in his oplnlon is too high, this matter should be tabled and the specifications be reviewed as there is a possibility that the proposed walkway is too elaborate for what is required. Councillor Schermerhorn concurred with Councillor Flewwelling and Councillor Vaughan also expressed reservations about the subject amount, particularly in view of her understanding that the pedway would cost approximately $50,000.00. Mr. Robichaud explained that the proposed structure was designed in a manner in keeping with the pedway link to which it will connect, as well as the brickwork in both Market Square and the aquatic centre and expressed the opinion that the amount tendered by W. E. Kelly Limited is a fair price for the work proposed. Councillor Poley asked if the subject tender will provide a functional pedway or should the tender be readvertised to which Mr. Robichaud replied in the affirmative to the former question and added that, although a wood or canvas structure could be put in place, the proposed structure is compatible with other surrounding structures. Councillor Knibb suggested that, with the aquatic centre scheduled to open in January 1985, the pedway should be in place at that time and asked if the amount in question can be cost shared with the other levels of government, the latter to which Mr. McDermott replied in the negative. Councillor Schermerhorn noted that, prior to such projects going to tender, Council is usually provided an opportunity to discuss the design and suggested that this matter should be reviewed by Council in Committee of the Whole on October 29 following which it could be considered further in regular session on that date. I . ~ ,... 5lt3 , On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was lost with the Mayor and Councillors Gould, Knibb, Murray and Poley voting "nay". Question being taken, the original motion was carried. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the installation of watermains on Duke Street West be awarded to W.A.C. Excavators Limited, in the amount of $69.930.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract document s . Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for the supply of 61 water meters be awarded in accordance with the recommendation contained in the submitted bid summary. Mr. Robichaud, replying to a query of Councillor Flewwelling, advised that the above meters will be used to replace those which are broken down or which require major repairs that are unwarranted. Question being taken, the motion was carried. . '" On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the proposal of Wanda J. Cusack, in the amount of $1,750.00 for the food concession and 14% of gross liquor sales, be accepted for the operation of the food and beverage concession at the Rockwood Park Golf Course. Question being taken, the motion was carried. 1 Consideration was given to a letter from the City Manager advising of a request for an easement to permit the encroachments of the Bank of America Canada Mortgage Corporation building upon Russell Hill Road and St. Clair Avenue, and recommending adoption of the submitted resolution, which was prepared by the Legal Department. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager and in consideration of the payment of $1.00, the Mayor and Common Clerk be authorized to execute an easement in favour of Bank of America Canada Mortgage Corporation to permit the encroachments of their building at the corner of Russell Hill Road and St. Clair Avenue upon those public streets with such easement to terminate with the destruction or removal of the encroachments. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land approximately 2 acres in area with a frontage of approximately 180 feet on the east side of the Westfield Road where it meets the Martinon By-Pass (L.R.I.S. Number 304121), from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. 1 Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100-20 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land approximately 2 acres in area with a frontage of approximately 180 feet on the east side of the Westfield Road where it meets the Martinon By-Pass (L.R. 1. S. Number 304121), from "IL-l" Neighbourhood Institutional 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. 100-20 A Law To Amend The Zoning By-Law Of The City Of Sai"nt John", was read in its entirety. Question being taken, the motion was carried. . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Brant Hickman have been completed and that the required waiting period for objections expired on October 17, 1984 with no written objections having been received. :::'.: ..l.n... '.' n;' ,':::., ~a~ " On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Mr. Brant Hickman for a Municipal Plan amendment and re-zoning of property on Albert Street 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 26, 1984. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Constance and Daniel O'Reilly have been completed and that the required waiting period for objections expired on October 17, 1984 with no written objections having been received. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the application of Constance and Daniel O'Reilly for a Municipal Plan amendment and re-zoning of property at 325 Lancaster Avenue 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 26, 1984. ~~estion being taken, the motion was carried. Consideration was'given to a letter from the Planning Advisory Committee regarding the request of A & M Appliance Service Ltd. to enlarge its shop at 400 Milford Road, which was considered by Council on October 1, 1984. On motion of Councillor Knibb . 1 1 Seconded by Councillor Murray RESOLVED that as recommended by the Planning Advisory Committee, . the Common Council resolution of November 4, 1977, as amended by Council on September 17, 1979, be amended to permit a 30 ft. x 40 ft. one-storey addition, as well as a second floor, to the existing addition for the purpose of expanding the A & M Appliance Service Limited operations at 400 Milford Road. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb , RESOLVED that the letter from Baxter Dairies Limited requesting to purchase a 12' strip of land fronting on Station Street and running back 100' on the former Hazen Street -- be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the Human Development Council expressing appreciation that the Mayor and Council will be represented, through Deputy Mayor Davis, at the opening of the Saint John Bicentennial Human Services Fair, which has been organized to provide opportunities for people to discover what is in the community, and submitting a copy of the flyer which is being distributed in the community in this regard -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Saint John Board of Trade referring to comments attributed to the said Board in a recent newspaper article concerning the City's new tourist brochure, stating that, contrary to what the article purports, the Board of Trade is currently not in the process of reviewing tourist promotion literature, nor has the Board pressed for a delay in the production of the planned new "lure" promotion brochure, nor has the Board expressed concern that all local industries were not included in the new brochure, and expressing willingness to assist in the appropriate fashion as a resource for constructive input as requested from time to time -- be received and filed with Council's appreciation. The Mayor advised that she discussed the above matter earlier this date with Mr. T. S. Simms, President of the Saint John Board of Trade, and it appears that comments made by her and other Council members at the October 11 Council meeting received more publicity than anticipated and that the newspaper article in question could indicate that the Board of Trade may have been attempting to interfere with the matter of tourist literature which is not the case. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". /hAA;! ~:t2't,~Md 1 . 1 I . ... JIl"'" .~ 2l.~ . 1 1 . 1 . 1 1 . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-ninth day of October, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, Assistant City Manager - Administration; J. Nugent, Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commis- sioner of Housing & Renewal Services and Property Management; R. McDevitt, Deputy Fire Chief; G. D. Desjardins, Acting Deputy Police Chief - Administration; B. Steeves, Deputy Building Inspector; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; Miss M. Conley, Administrative Assistant to the Mayor; and Miss B. Knox, Mayor's Office. Reverend David Genge of St. George's Anglican Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on October 22, 1984, be adopted. Councillor A. Vincent asked when the report from the Legal Department on the matter of parking at the Saint John Airport, which was discussed at the above meeting, is anticipated to which the Mayor replied that such report should be submitted at the next meeting of Council. Question being taken, the motion was carried. H~r Worship extended best wishes to Miss Mary Lynn McNeil, Miss Saint John, who is competing in the Miss Canada Pageant in Toronto, Ontario on this date. Her Worship the Mayor commented on the visit to her office on October 26 of His Excellency Olivier Exchaqet, Switzerland's Ambassador to Canada and to her meeting earlier this date with Mr. Dietrich Hammer, Head of the Delegation of the Commission of European Communities to Canada. Her Worship the Mayor proclaimed the week of November 1 to November 10, 1984 to be Poppy Week in the City of Saint John and urged all citizens to observe the week by wearing the memorial poppy of the Royal Canadian Legion. Councillor Knibb commented briefly on his attendance on October 27 at the National Conference of Canadian Parents for French which was held in the City. Mr. Peter Arseneau, President of the Saint John Jaycees, presented the Mayor and members of Common Council with a certificate of apprec,iation for the interest and co-operation shown this group, particularly with regard to Council's submission of a name for consideration as a Fine Outstanding Young Canadian and the opportunity to explain discuss and explain the Jaycee organization with staff. The Mayor asked that an item regarding the City Manager be added to the agenda for consideration at this time. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above item be added to the agenda for consider- at ion at this time. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the following resolution be adopted, namely:- "WHEREAS the City Manager, Arthur G. McDermott, will be reaching the official recognized City of Saint John retirement age of 65 in June of 1985: AND WHEREAS sufficient time should be allowed for carrying o~t a proper search and examining the potential candidates by the Council before filling this important administrative posting: THEREFORE BE IT RESOLVED that the Common Council advertise for proposals from ~ualified public management consultants with a view of engaging the appropriate consultant for the purpose of conducting a search and finding a City Manager, such proposal to be received by the Common Council no later than December 1, 1984.". The Mayor advised that the above proposals will be received by the Common Clerk for subsequent consideration by Council. Question being taken, the motion was. carried. Read a letter from Councillor Knibb advising that The Central Business Development Corporation, of which he is a member, expressed support at its October 25 meeting to the creation of a business imp~ovement area, which will involve the landlords and tenants in the uptown City centre paying slightly increased taxes so that an annual revenue of over $100,000.00 can be generated for promotions and planning of the subject area and so that the Main Street Program can be implemented thereby obtaining additional government funding for streetscaping and store-front improvements, and also advising that this group is anticipating that the difficulties over the underground wiring to the street lights will be resolved as soon as possible. 516 ~ . Councillor Knibb noted the presence in the Council Chamber of Mr. R. Neatham, President of The Central Business Development Corporation and advised that this group will be addressing Council at an appropriate date to ask that advertising be authorized for a public hearing with regard to a business improvement area in the City. Replying to a query of Councillor Knibb, Mr. Robichaud ... advised that, based on discussion with The Power Commission of the City of Saint John which is responsible for the lighting on the subject contract, there is nothing wrong with the underground wiring and that it is only a matter of installing additional poles and light fixtures and also that improvements to the street lighting in King Square, ,which were requested by the said Corporation, are currently underway. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above letter from Councillor Knibb be received I and filed. Councillor Schermerhorn suggested that members of The Central Business Development Corporation may be interested in reviewing a Planning Branch report of November 1982 concerning a business improvement area. Question being taken, the motion was carried. Mr. R. Neatham, Chairman of the Tourism Committee of the Saint John Board of Trade, addressed Council concerning a study conducted by this group with regard to the establishment of an independent visitor and convention bureau in the City of Saint John. y~. Neatham explained that, with the increased emphasis being placed on tourism in the City which is due primarily to the rejuvenation in the downtown core, this Committee undertook a study of a number of Canadian cities to determine how visitor and convention promotion is conducted and how the organizations of such promotion are structured, with the single most important factor that made such a review necessary being the opening of the Saint John Trade and Convention Centre, along with a recent request by Common Council to loOk into the feasibility of a multi-use facility, both of which will require continual usage in order to cover both the capital and operating costs and in which tourism will playa major role. Mr. Neatham advised that it has been demonstrated throughout North America that the most efficient and effective organ- izationaili~framewDrkcfor:uouxism;promotional activities at the municipal levels is a combination of three partners, in most cases such partners being the municipality, industry operators and the province, combined in a non-profit society with operational funds generated from each partner on a set formula and in all cases the success of the partnership has been focused on the strength derived from the expertise available free of charge to the group from its members in the hospitality industry. Mr. Neatham expressed the opinion that, as the City moves into the 21st century, there will an ever- pressing need to develop a systematic approach to the development of the tourism sector and recommended that a new organization be created to be responsible for the promotion and development of the tourism industry for the City of Saint John, such body to be in the form of a non-profit industry-supported organization which would undertake many of the same functions as the City's existing Tourism Depart- ment but to be responsible for the selling and servicing of conventions as well as meeting the needs of the rubber-tire tourist and special tour groups. Mr. Neatham added that, because such organization will be out of the operation of the City, such group will not be involved in any other City function except the promotion of tourism. Mr. Neatham referred to the previously-submitted report which outlines the role of such a bureau as perceived by the said Committee and also outlines job descriptions, operating budget, sources of funding, in addition to the obvious obstacles which must be addressed and overcome before the way can be cleared for the implementation of the recommendation to set up an idependent bureau. With regard to funding for such a bureau, Mr. Neatham advised that he would be amiss to suggest that any visitor and convention bureau could be totally self-sustaining based on membership fees from the private sector, however, the contribution of the City of,Saint John would not be greater than the monies presently set aside for tourism and promotion and that, under an independent-bureau system, the City's contribution would be further augmented by the dues paid by the hospitality members and through any other sources of funding that might be tapped, for instance, the other levels of government. Mr. Neatham also advised that, as the new bureau gains momentum and the membership increases, the portion of bureau revenue derived from the City's taxpayers will decrease in relative proportion to any increases from industry and other levels of government. In terms of the existing Tourism Department staff, Mr' Neatham suggested that the present staff be transferred to the new bureau under terms acceptable to both parties, and noted that the Saint John Board of Trade is convinced of the necessity of a stronger and more systematic long-range approach to the City's tourist industry. Mr. Neatham expressed the hope that, in view of the widespread support from local business for an independent visitor and convention bureau in Saint John and, in light of the urgent need for tourism planning before and after the 1985 Canada Summer Games, Common Council will seriously study and consider the Saint John Board of Trade's recommendation to establish a separate body for tourism promotion and also that, to adequately weigh the pros and cons of same, Council consult City staff for a report and recommendation within a specified time period and he offered the Board's assistance in this matter. 1 . 1 . Councillor Knibb asked if the Tourism Committee is recommending a location for a visitor and convention bureau to which Mr. Neatham replied that Reversing Falls is being favoU2'ed by this Committee and advised that the amount of $260,000.00 mentioned in the said report is the operating capital considered necessary to operate such a facility in 1985. Mr. Wilson advised that an amount of '$515,000.00 was the 1984 budgeted amount of the Tourism and Public Relations Department whereupon the Mayor confirmed Councillor Knibb's observation that only a portion of the said Department would be relocated leaving the Public Relations section in City Hall. Discussion ensued concerning alter- nate locations for such a bureau and Mr. Neatham, in reply to a query of Councillor Vaughan, advised that Mr. C. McGill, formerly with the said Department, was involved in this matter and that it is assumed that this Department was kept abreast of same and added that he plans to meet with Ms. Huntington-LeBlanc in this regard. Her Worship the Mayor noted the presence in the Council Chamber of the following Board of Trade members: Mr. T. Simms, President, Mrs. E. Travis, Past President, Miss L. Heffernan, Manager and Miss K. Hunter, Public Relations and welcomed them to the meeting. Councillor Poley asked if the Tourism Committee is satisfied that there is a strong desire within industry for membership in such a bureau to which Mr. Neatham replied in the affirmative and confirmed that the ultimate request of this Committee is for Council to adopt the submitted report and the idea of an independent visitor and convention bureau, however, at this time it is being requested that the said report be referred to City staff for review. Deputy Mayor Davis suggested that it may be feasible to have a staff member co-ordinate the efforts of the Port Development Commission, Fundy Region Development Commission and such a bureau if the latter is established as a commission, in order to avoid duplication of services. The Mayor thanked Mr. Neatham for his presentation and advised that Council will render a decision on same later in the meeting and suggested that a referral to staff with a report anticipated in three weeks would be in order. 1 I . ~ r' ~1l7 Read a letter from Councillor Knibb requesting that, in view of the difficulties that are arlslng with the Pension Board of the City of Saint John with a majority of its members seeming to be pursuing a policy which is in conflict with advice offered by the Commissioner of Finance, Council and the taxpayers of Saint John be informed of the amount of public funding which is placed in the pension fund each year and the amount of contributions made by City employees, and also requesting that Council publicly support the position held by the Commissioner of Finance that formal proposals be requested before a change in actuarial companies is made by the Pension Board. . 1 Mr. Wilson advised that the City contributes approximately $1.8 million annually to the Pension Fund with pension plan members contributing approximately $2.2 million annually, the latter representing 8~% of employees' earnings and the City contribution representing an average rate of 6 3/4% plus a lump sum of $135,000.00 yearly. Councillor Knibb referred to a recent newspaper article regarding a change in actuarial firms by the Pension Board and requested Council to express support of the Commissioner of Finance's views in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Common Council endorse the position of the Commissioner of Finance that formal proposals be requested before a change in actuarial companies is made by the Pension Board. I Councillor A., Vincent questioned the propriety of Council getting involved in this matter to which the Mayor expressed the opinion that Council could express concern and request that the Pension Board recon- sider this matter and call for proposals due to the fact that the City contributes to the Pension Fund. Question being taken, the motion was carried. Regarding the Board of Trustees of the Civic Employees' Pension Plan, the Mayor noted that, with Deputy Mayor Davis' resignation from same, a vacancy now exists on this Board. On motion of Councillor Gould . Seconded by Councillor Flewwelling RESOLVED that Councillor Schermerhorn be appointed to the Board of Trustees of the Civic Employees' Pension Plan for the remainder of the term of Deputy Mayor Davis. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that as recommended by for payment of the following invoices, namely:- Steele Truckin~ Ltd. - supply of gravel Stephen Pavin~ (1982) Ltd. - supply of asphalt the City Manager, authority be granted October October 1-15, 1984 18-24,1984 $ 6,340.04 $86,837.76 Question being taken, the motion was carried. . Read a letter from the City Manager regarding the provlslon of $620,000.00 in the 1984 Capital Program for the Water Utility for a major project to improve the water pressure and supply in the Somerset Street, Millidge Avenue and greater Millidgeville area and for which tender packages for the three elements of the project, namely, contract 84-13 - University Avenue standpipe, 12" watermain, contract 84-14 - Somerset Street pump station and contract 84-12 - University Avenue standpipe, were prepared and closed on October 17, and recommending that all tenders for contract 84-12 - University Avenue standpipe, be rejected as each of the tenderers qualified his tender by various statements to the effect that he cannot meet the above completion dates thereby making it impossible to accurately compare the bids as, in effect, the tenderers are not all bidding under the same' conditions, and that staff be instructed to immediately retender the said contract with a later completion date; that contract 84-13 - University Avenue standpipe, 12" watermain, be awarded to the low tenderer, W.A.C. Excavators Ltd., at the tendered amount of $162,397.00, and that contract 84-14 - Somerset Street pump station, be awarded to the low tenderer, John Flood and Sons (1961) Ltd., at the corrected bid of $257,321.90, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, contract 84- 13 - University Avenue standpipe, 12" watermain, be awarded to the low tenderer, W.A.C. Excavators Ltd., at the tendered amount of $162,397.00. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 84-14 - Somerset Street pump station, be awarded to the low tenderer, John Flood and Sons (1961) Ltd., at the corrected amount of $257,321.90. 1 . Mr. Armstrong explained that, upon analyzing the above tender submissions, mathematical errors were found in several of same and that the amounts included in the submitted letter from the City Manager are the corrected amounts. Mr. Nugent, replying to a query of Councillor Vaughan, confirmed that, in his opinion, Council's acceptance of the above corrected amount, although the total shown by the subject company was $289,377.00, is in order as the City's tendering procedure allows mathematical corrections of bids. Councillor M. Vincent asked if John Flood and Sons (1961) Ltd. has been notified of the corrected total to which Mr. Armstrong replied in the negative and added that it is the policy not to contact tenderers in the interim period between opening of tenders by the Common Clerk and recommendation by staff to Council. Discussion ensued during which time Mr. Armstrong explained the nature of the above contracts and Councillor M. Vincent advised his intent to oppose the proposed motion, as well as the awarding of contract 84-12 to E.T.S. Towers Inc., if the latter motion is proposed, on the basis that Council should have additional information with respect to the corrected price and the scheduling date in the latter case as discussed in Committee of the Whole earlier this date. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". ll.. 518 ""IIIl On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the tender for contract 84-12 - University . Avenue standpipe, be awarded to E.T.S. Towers Inc. for a one million gallon capacity steel with aluminum dome tank, in the amount of $359,200.00, subject to review by the Legal Department, and subject also to staff determining the completion date proposed by E.T.S. Towers Inc. and being satisfied therewith. :....:"'lr, i..) .) Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the proposed construction of a parking lot at the rear of the Chipman Hill properties following Heritage Trust vacating same, such parking lot to provide 35 of the 70 spaces required under the agreement with the owners of Brunswick House; advising that, although Heritage Trust was to occupy the subject property until October 15, 1984, the time had to be extended by one week because of difficulties encountered with a wall above the entrance driveway, and recommending that Council approve the construction of the parking lot on Chipman Hill at a cost of $32,000.00 to be added to the 1984 Capital Budget -'- be received and filed and the recommendation adopted subject to the matter of budget allocation for this amount being discussed with the Commissioner of Finance. Councillor Gould asked why the above amount is not being taken from the City's operating budget to which Mr. Barfoot replied that it has been the tradition to utilize capital funding for parking lot improvements and added that he has not discussed this matter with the Commissioner of Finance. Replying to a query of the Mayor, Mr. Wilson advised that, although it would be possible to include the above amount in the operating budget, it is probable that the City Manager has a reason for recommending that this amount be included in the Capital Budget. Councillor A. Vincent asked why the subject amount does not come under the Parking Commission budget to which Mr. Wilson replied that the City, not the Parking Commission, is obligated to provide subsidized parking to Brunswick House. Question being taken, the motion was carried. Read a letter from the City Manager regarding the request of Marion C. White for the relocation of a fire hydrant on Harding Street, which was considered by Council on October 1, 1984. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the request of Marion C. White for the relocation of a fire hydrant on Harding Street, which was relocated during the reconstruction of curbs and sidewalks on this street and is now located approximately in the middle of the centre of the space between a fence at the boundary of her property at 592 Harding Street and the driveway to the adjoining property, ,advising that Mrs. White's property is served by a driveway at the opposite side of her lot which leads to a garage at the rear and that, although she indicated to staff that she would like to build another driveway in the 8' space between her house and the said fence and that the fire hydrant now prevented this, her lot has only a 40' frontage thereby permitting only one driveway, and recommending that a copy of this letter be forwarded to Mrs. White for her information -- be received and filed and the recom- mendation' adopted. Councillor Poley expressed opposition to the above motion as, based on his discussion with Mrs. White, it is his opinion that, if the fire hydrant were moved slightly, the problem would be solved for all concerned. I I . .... 1 Question being taken, the motion was carried with Councillor Poley voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the letter from Wayne and Sandra Barrett of 30 Clovelly Drive asking if paving will be carried out in 1985 between 28 and 30 Clovelly Drive; advising that, although the City completed some paving on this street when the original developer was unable to complete the services, the area in front of 30 Clovelly Drive was not completed and subsequently Central Trust sued the City for costs involved in completing all the services to the subdivision but was unsuccessful in court and recommending that, as this case is now finalized and as the problem referred to in the letter from Mr. and Mrs. 1 Barrett represents the one area in the subdivision on which paving has not been completed, Mr. and Mrs. Barrett be advised that this work will be considered in the 1985 Capital Budget -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the letter from Mr. and Mrs. T. Bradley of Ragged Point Road requesting that City staff examine and remedy a situation caused by a blind hill about 200 meters from the entrance to Centre Samuel de Champlain which makes it impossible for school children to be seen until the hill is crested which could result in a tragedy and also requesting that Ragged Point Road be paved and that transit service be provided to the beginning of this road, recommending that Mr. and Mrs. Bradley be advised that, as Ragged Point Road is a private road, it is not City policy to undertake improvements such as regrading and chipsealing, and further that the request for bus service be referred to the Saint John Transit Commission -- be received and filed and the recommendation adopted. I Discussion ensued during which time Mr Robichaud advised that private roads are, in fact, owned by individuals who pay taxes on same and that the City provides snowplowing, on an emergency . basis, to such roads if five or more houses exist thereon. Question being taken, the ,motion was carried. ... ".. 5Hi t On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that Mr. R. G. Riley be appointed under the Police Act as Chief of Police for the City of Saint JOhn,' effective January 1, 1985, at a salary of $56,500.00 for 1985 with the City to pay all moving expenses, including packing, moving and legal costs for'the sale of Mr. Riley's dwelling in Moose Jaw, Saskatchewan and the purchase of a new dwelling in the City of Saint John. 1 Councillor Murray advised that, as in his oplnlon there were other candidates for this position who should have been interviewed, he will not support the above motion. Councillor A. Vincent expressed the understanding that a member of the R.C.M.P. is in possession of a letter from Woods Gordon, the executive search firm engaged in this regard,' to the effect that he will be interviewed for this position, however, he has not as yet had such interv'iew. Councillor M. Vincent expressed opposition to the above motion on the basis that there were other candidateq who should have been interviewed and that there are persons within the Saint John Police Department who should have been considered for the position of Chief of Police. voting Question being taken, the motion was carried with Councillors Murray, A. Vincent and M. Vincent "nay". 1 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 begs leave to report that it sat on Monday, October 22, 1984, when there were present Mayor Wayne and Councillors Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- . 1. That as recommended by the City Manager, an agreement of purchase and sale for the property at 160 Prince William Street be entered into with Mr. Jean Brouillet of G.B. Contractors Ltd. under the following terms and conditions:- .. (1) the purchase price of the property to be $5,000.00; (2) the developer to present preliminary plans and specifications for the renovations prepared by a registered architect within six months of the date this agreement is approved by Common Council, with the design to create a commercial use on the ground floor with apartments of the 2nd, 3rd and 4th floors and to be acceptable to the Planning and Property Management Branches; (3) the sale to be conditional upon the developer receiving the necessary approvals from the Building Inspector and the Heritage Preservation Review Board prior to the date of closing; 1 (4) the rehabilitation to be completed within two years of the transfer of title; (5) the developer to chemically clean the Prince William Street facade of the property in such a manner as to avoid causing any damage to the structure or architectural and artistic details within one year of the transfer of title; (6) if the Prince William Street facade is, not cleaned as specified in clause "e", the City may reacquire the property for, the purchase price; (7) if the renovations are not completed within the two-year period, the developer shall pay a penalty of $6,000.00 per year commencing the following March 1, such payment to be made yearly until the renovations are completed, and . (8) the developer agree to keep the sidewalk in front of the property free of snow and ice during regular hours of business: AND FURTHER that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 2. That as recommended by the City Manager, Regional Realty Ltd. be granted an extension to January 31, 1985 to provide a detailed proposal for the development of the Water Street site. 1 3. That as recommended by the City Manager, the building known as the agricultural hall and approxi-'. mately 1.59 acres of land on St. Martin's Road be leased to Saint John Fundy Sports Inc. for a period of 5 years at a rental of $1,200.00 per year; that Saint John Fundy Sports Inc. be advised that Council will consider a grant ,to cover the rent and the said company be forwarded a grant application; that the lease contain the same covenants as exist in the lease with the Agricultural Society with the exception of clause 18 concerning a sub-lease; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. . 4. That as recommended by the City Manager, the former caretaker's house on First Loch Lomond be leased to the present tenant, Mr. Oswald Chamberlain, for a period of one year from January 1, 1985 at a rental of $175.00 per month; that the lease state that the City is responsible for only the payment of real estate taxes and ~ire insurance; that complete maintenance of the property be the responsibility of the tenant with any repairs or renovations to have the prior approval of the Property Management Branch and that any major repairs, which become necessary that the tenant is unable or unwilling to complete, be completed by the City and the amortized cost added to the rental for the following year; that a standard lease, as required under the Residential Tenancies Act, be signed with Mr. Chamberlain; and that the Mayor and Common Clerk be authorized to execute the lease on behalf of the City. 5. That as recommended by the City Manager, the property at 128 St. James Street be purchased from Mr. Gerald Darrah, for the price of $34,895.00, plus closing costs; that the property at 130 St. James Street be purchased from Mr. and Mrs. Edward Johnson, for the price of $19,000.00, plus costs, conditional' on satisfactory title to the land being obtained, such properties being required for the South End infill housing project; that the closing date for each of the transactions be November 30, 1984; and that the Mayor and Common Clerk be authorized to execute any and all necessary documentation related to these transactions. 1 .... 520 " 6. That the memorandum from the Provincial-Municipal Council Inc. regarding the Task Force Report entitled, "Towards Equality of Official Languages in New Brunswick", which is also known as the Poirier-Bastarach report, submitting four recommendations from this report which refer specifically to municipal governments and asking for comments on same as early as possible in order that the Advisory Committee, which has been appointed by the Premier of New Brunswick to gather the public's reaction on the content and recommendations of the said report, can be informed of what, if any, action has been taken by the various departments and agencies with regard to such recommendations __ be received and considered at Council's next regular meeting. . October 29, 1984, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. Councillor A. Vincent suggested that, in view of the amount expended by the City on the subject property, it should have been offered to Saint John Non-Profit Housing Inc. for use in a housing project as this building could accommodate 9 housing units and he expressed opposition to the above motion. 1 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried with Councillor Murray voting "nay". On motion of Councillor SChermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted with a copy of the City's brief to be considered further by Council at its next meeting. Councillor Knibb expressed the opinion that, while wishing to recognize and support the concept of bilingualism in the Province, it is going to be extremely costly to the taxpayer for every municipality in New Brunswick to do what the Poirier-Bastarach Report is requesting, namely, that every record of the proceedings of a municipal councilor any committee thereof, every public notice, every statement of account, every summons or other printed matter directed to the general public be in both official languages and that the hiring policy will include the proportion of the francophones who shall be appointed to public positions, and that such report is fraught with all sorts of dangers to the public. Councillor Knibb questioned the necessity, in a bilingual Province where people live in harmony, of legislating by law an enormously expensive procedure which can be dealt with far better on a voluntary basis for those citizens who have difficulty in operating in one of the two official languages. The Mayor commented on the discussion held at the recent Executive Committee meeting of the Cities of New Brunswick Association in this regard and noted that Council would consider the City's brief at its next meeting in Committee of the Whole. . 1 (Councillor A. Vincent withdrew from the meeting during the foregoing discussion.) Question being taken, the motion was carried. Consideration was given to a letter from The Saint John 1985 Canada Summer Games Society, Inc. replying to Councillor A. Vincent's letter to Council on October 1, 1984 concerning a contract award for the track and field venue at U.N.B.S.J. I On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from The Saint John 1985 Canada Summer Games .Society, Inc. advising that California Products Corporation of Cambridge, Massachusetts, U.S.A., was awarded the contract to supply and install the Plexi-Track System at the U.N.B.S.J. site and brought in three 'men from Cambridge to supervise the installation while employing six local men from Standard Paving Ltd. of Saint John, the latter company which was engaged to prepare the base to . receive the rubber surface on the track and field facility -- be received and filed. Question being taken, the motion was carried. .... ,... '15~ 1 On motion of Councillor Schermerhorn . Seconded, by Councillor Knibb RESOLVED that the letter from Mr. Louis E. Murphy, Member of the Legislative Assembly for Saint John Harbour, suggesting that the section of Church Avenue from the lights on Main Street to the small store near the railway tracks be named Dr. Baxter Drive or Dr. William J. Baxter Drive in honour of the late Dr. Baxter who served this area so well, and further suggesting that the part of Church Avenue on the other side of the railway tracks, together with that part of Green Head Road down to where it merges with the new road be called the Heidi and William Court in honour of the two Gifford children who lost their lives in a fire in the area -- be referred to the City Manager and the Planning Advisory Committee. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the Exhibition Association of the City and County of Saint John offering the City a site for the proposed civic multipurpose stadium, namely, the land situated at the corner of McAllister Drive and Westmorland Road opposite the Parkway Mall -- be referred to the study committee which is performing the feasibility study and that the Exhibition Association be thanked for its offer. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that Common Council support the report presented by the Tourism Committee of the Saint John Board of Trade with respect to the establishment of an independent visitor and convention bureau in the City of Saint John and refer same to the City Manager and Tourism Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Secomded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 ~W~~d COIlilllon Cler;; At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fifth day of November, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; C. E. Nicolle, Director of Recreation and Parks; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. McDevitt, Deputy Fire Chief; C. Breen, Acting Chief of Police; J. Johnson, Building Inspector; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; M. Hanlon, Purchasing Agent; Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Lindsay Burtt of The Full Gospel Assembly offered the opening prayer. On motion of Councillor Schermerhorn 1 October 29, 1984, be adopted. Seconded by Councillor Vaughan RESOLVED that minutes of the meeting of Common Council, held on Question being taken, the motion was carried. . Her Worship the Mayor referred to a book entitled "Saint John on the March" which containes articles by local citizens, all proceeds from the sale of the book will be donated to charitable organizations in the City and she complimented Dr. George Betts and others responsible for the publication. The Mayor referred to the Human Development Fair which was held over the weekend with 90 booths. On Sunday, the Mayor attended the first meeting of 'the Irish Cultural Association in Saint John with about 300 people in attendance and requested that the Cathedral of the Immaculate Conception be included in the list of tourist walks for visitors to the City. Mayor Wayne noted that the Bastarache Report hearing will be held on November 20th. J (). III... ""IIIl 522 On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that Her Worship Mayor Elsie E. Wayne be authorized to appoint a committee to co-ordinate the 1985 Canadian Participaction Day activities. . Mayor Wayne noted that Mayor John Murphy of St. John's, Newfoundland, has issued a challenge to Saint John for the 1985 Participaction Challenge. She also noted that the registration fee to participate in the Participaction Challenge is $100.00. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I granted for payment of the Stephen Paving (1982) Ltd. Seconded by Councillor M. Vincent RESOLVED that as recommended by the City following invoices) namely:- - supply of asphalt October - supply of asphalt October Question being taken, the motion was carried. Manager, authority be 25 & 26, 1984 29-31, 1984 $ 36,100.45 $ 28,557.99 - On motion of Cou~cillor Schermerhorn 1 Seconded by Councillor Flewwelling RESOLVED for temporary roof support of the City Market be the tendered amount of $59,974.00: that as recommended by the City Manager, the contract awarded to the low tenderer, W. E. Kelly Limited at AND FURTHER that an additional amount of $15,000 be approved to cover the cost of architectural and engineering services and contingencies related to the work. Replying to a query from Councillor Gould, the City Manager advised that no contingency is included in the tendered amount of $59,974.00. Mr. Robichaud advised that material such as I beams ... is totally salvageable from the above contract. Question being taken, the motion was carried. On motion of Councilor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the tender for the supply of sand and gravel for the period ending October 31, 1985, be awarded in accordance with the recommendation contained in the submitted bid summary. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Murray ,', ',RESOLVED that 'as reCOmmended Keystone Printing Limited, in the amount of $6,100.00'plus taxes, be 6500 Recreation calendars. by the City Manager, the bid of accepted for the printing of Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vaughan : ",', RESOLVED that the letter from the City Manager regarding a request from Super Slide Ltd. for permission to operate a full canteen service in connection with the Super Slide operation; advising that the term of the previous exclusive canteen concession at Fisher Lakes has now expired and it is reasonable for Super Slide Ltd. to be granted permission to operate a full-service canteen (food and non-alcoholic beverages only) from their premises, be received and filed and the recommendation that the request of Super Slide Ltd. be approved, and that the License Agreement be amended to provide for the operation of full canteen service (food and non-alcoholic beverages only) at a license fee of 5% of the gross revenue and that the Mayor and Common Clerk be authorized to execute the amended Agreement, be adopted. . Replying to a query from Councillor M. Vincent, the City Manager advised that the second concession will be retendered. Question being taken, the motion was carried. 1 On motion of Councillor Murray Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding a complaint from Mrs. Elsie McCutcheon regarding a noise and odour problem associated with a garage behind D and M Variety Store at 77 Glen Road; advising that the Building Inspector sent a letter to I Mr. and Mrs. Keir Adams, owners of 77 Glen Road, requiring them by September 26, 1984 to cease violating the conditions of the rezoning approved by Council and that inspections made subsequent to this date by city staff have not found any violations and will continue to monitor this situation weekly -- be received and filed. The City Manager advised that staff carried out further inspections on Friday and today and it has been found that work is going on and the City will be taking legal steps to have it stopped. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding a request from Reverend Ronald S. Morrisey to place a memorial on the gravesite of his ancestors in ..oIIl ,. ~g3 . I 1 . I . 1 I . ... the Thorne 'Avenue Cemetery, and recommending that Council approve Reverend Morrisey's request and that the placement of the memorial be carried out under the supervision of the City's Parks Superintendent, be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the joint letter from the City Manager and Commissioner of Finance advising that the New Brunswick Municipal Finance Corporation has been successful in selling its fourth bond issue and that the terms, as they relate to the City of Saint John, are as follows:- term: (a) for the $615,000 being raised for the Saint John Non-Profit Housing Incorporated the term is 10 years, with blended payments of principal and interest and at the end of 10 years $333,000 will remain to be financed over an additional five years, in accordance with the request of Saint John Non- Profit Housing Incorporated; (b) for the $5,385,000 being raised for the City of Saint John General Fund and Water & Sewerage Utility, the term is 10 years, serial form in equal annual amounts; average cou~on rate for the 10 year term is 12.53%; price for the $615,000 being raised for the Saint John Non-Proflt Housing Incorporated is $98.568 per $100.00; and price for the $5,385.00 being raised for the City of Saint John General Fund and Water and Sewerage Utility is $99.001 per $100.00; settlement date: November 28, 1984; and noting that the terms of the issue are within the limits approved by Council on October 9, 1984; and recommending that the terms of this issue, as listed herein, be approved by Common Council and that the Mayor and Common Clerk be authorized to execute the debenture between the City and the Finance Corporation which will set out these terms -- be received and filed and the recommendation adopted. Councillor A. Vincent questioned whether the $615,000.00 could have been received from Canada Mortgage and Housing Corporation for 2% and Mr. Wilson replied that there was no program available for which Rockwood Park housing qualified. Councillor Knibb made reference to an item forwarded to Council members as an Information Item regarding rental increases at the Rockwood Court project. Question being taken, the motion was carried. Read a letter from the City Manager, enclosing a letter from John Flood & Sons (1961) Limited regarding the Somerset Street Pumping Station; advising that the City called tenders for the Somerset Street Pumping Station with tenders closing on October 17, 1984 and that their tender price for the project was for a total sum of $289,377.00 and as a result of a mistake, the various unit prices submitted with their bid, when totalled, amounted to $257,321.96 rather than their bid price of $289,377.00 and that because of this mistake and the fact that their total price was higher than some other bids received by the City for this project, they wish to withdraw their bid on the project and request that the bid bond presented with their tender be returned to them. On motion of Councillor Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the request from John Flood & Sons (1961) Limited to withdraw their tender for the Somerset Street Pumping Station be granted and the bid deposit be returned, and that Common Council resolution on this matter of October 29, 1984 be rescinded. Councillor Vaughan referred to a report which is being prepared by the Tender Committee which would correct problems such as this and further noted that the City must list the regulations on the tender documents. Mayor Wayne advised that Mr. Victor Ego of Nautilus Construction is chairman of the committee and requested the City Manager to obtain the finalized report for Council's consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the tender for contract 84-14 -Somerset Street pump station, be awarded to E. Gerard Birchill Construction Ltd in the amount of $280,264.08. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Solicitor regarding a request for an opinion with respect to the authority under which parking meters were regulated at the Saint John Airport, advising that this matter is controlled under a federal regulation known as the Airport Traffic Regulations which were made under the authority of the Federal Government Property Traffic Act and the Department ofcTransport Act and that there is no connection between this matter and the enforcement of City by-laws, however, the City's involvement is providing a service to the public whereby a citizen may pay a voluntary penalty through the regular City cashier service, as well as the utilization of the Police Department for the service of any necessary summons and that in return for this service, the City is permitted to retain 60% of the revenues from the payment of the voluntary penalities and 100% of the revenues derived from the fines imposed by the Court or paid voluntarily after the service of the summons be received and filed. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, October 29, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gculd, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. Lancaster That as recommended by the City Manager, the property known as the Beaconsfield Fire Station on Avenue be sold to Mr. George Lawson under the following terms and conditions:- (1) the purchase 52J4\ ~ price to be $13,000.00; (2) the property to be converted for use as a one-family dwelling and one- car garage; (3) transfer of title to take, place on or before December 14, 1984; (4) plans for the proposed renovations to be approved by the Building Inspector's Department and a building permit acquired for start of the work within 3 months of the transfer of title or the City may reacquire the property for the purchase price; and (5) that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. . 2. That with regard to the offer of Mr. Malcolm Baxter to sell to the City property in the Loch Lomond watershed area, Council adopt the recommendation of the City Manager that approximately 14.3 acres of land lying between the First and Second Loch Lomond be purchased from Mr. Malcolm Baxter for the appraised value of $7,300.00; that the property transfer be finalized on or before December 14, 1984, and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. I November 5, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h a i r,m a n. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that, section 1 of the above report be adopted. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould 'RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Adv~sory Committee, Common Council assent to the subdivision plan with respect to the proposed 21.0 m widening of Francis Street. Question being taken, the motion was carried. ~n motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the Planning Advisory Committee advising that at their last meeting the Committee granted a variance to Canadian Tire (Fairville 1 Blvd) to permit the erection of a sign on the rear side of its building , the variance being necessary because in "B-1" (Local Business) and "B-2" (General Business) zones, fascia signs are required to be located on the front of the building, and recommending that the Zoning By-Law be amended to delete the words "on the front of the building" from Section 840(3)(b) and (c), and the necessary advertising be authorized, be received and filed and the recommendation adopted, with the public hearing to be held on December 10, 1984. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the report of the Saint John 1985 Canada .. Summer Games Society, Inc. for October 1984 -- be received and filed. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that the letter from the Board of Trustees of the Civic Employees' Pension Plan regarding the amendment to the City of Saint John Pension Act at the 1984 spring session of the Legislature which provided, among other things, that persons who were receiving a pension, disability allowance or retiring allowance on December 31, 1981 received a one-time annual increase of $1,000.00 and persons who commenced receiving a pension between I January 1, 1982 and December 31, 1983 received an annual increase of $200.00, advising that a number of spouses started to receive a pension in 1982 and 1983 as a result of their husband's death and under the legislation only would receive a $200.00 per year increase even though their husband had been on pension for many years prior to 1982, and recommending that Common Council authorize the preparation ofa Bill for presentation at the 1985 spring session of the New Brunswick Legislature to amend the Pension Act to provide that spouses who commenced receiving a pension in 1982 or 1983 shall receive the same pension increase as those persons who commenced receiving a pension prior to 1982 -- be received and filed and the recommendation adopted. ,Mr. Wilson advised that this recommendation is being made as the recent legislation did I not properly express the intent of the Board which was that any person who qualified for a pension prior to 1982 would service a $1,000. increase, however, five widows who commenced receiving a spouses pension in 1982 and 1983 would only be entitled to a $200.00 increase. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the application of Debly Construction Ltd. for re- 4It zoning of property on Loch Lomond Road be referred to the Planning Advisory Committee for a report and recommendation and that authority be granted for the necessary advertising in this regard, with the public hearing to be held on December 10, 1984. Question being taken, the motion was carried. ~ ,.. '~25 Consideration was given to a petition from the Saint John Central Business Development Corporation petitioning Common Council for the establishment by by-law of a business improvement area, as defined by the Business Improvement Areas Act of the Province of New Brunswick, for the area bounded by Union Street from Market Square to Sydney Street, Dorchester Street along Carleton Street to Coburg Street to Peters Street to Waterloo Street to Sydney Street, along Sydney Street to South King Square to Charlotte Street, along Princess Street to the Water, to include both sides of the streets. . 1 Mr. Winch advised that approximately two years ago an application had be~n received from the Corporation for delineation of an uptown business improvement area at which time the Planning Department submitted a comprehensive report to Council, however, the matter was deferred at the request of the Corporation following problems with respect to the proposed boundaries, programs, and the procedures under the Act. He suggested that Council request a further report to familiarize themselves with the procedures which have changed since the 1981 legislation, and stated that he would hope that Planning staff could submit a report to Council within two weeks on the present petition. Councillor Knibb suggested that Council should authorize the required advertising for the public hearing in order that businesses in the area may avail themselves of the Federal "mainstreeting" program and proceed with improving the streetscape, and in promotion and planning of the area through additional funds which would be generated under the by-law. Mr. McDermott suggested that the description of the area should be changed to reflect Union Street from the water rather than from Market Square. It was noted that the Corporation could clarify the exact description of the area which is the subject of the petition. Mayor Wayne suggested that Council should authorize the advertising and request a report from Planning staff for the next meeting of Council. Councillor Flewwelling suggested that one additional block of Sydney Street to Princess Street be included in the area and Councillor A. Vincent requested they also include the area containing the Loyalist Burial Ground and Court House. Councillor Murray asked why the remainder of Carleton Street is not included in the proposed area. Councillor Knibb cautioned that January 1st, 1985 is the deadline and the Mayor suggested that the matter be referred to the City Solicitor to draft the by-law and to the Planning Department for a report within one week. Mr. Rodgers stated that in order to expedite the matter, Council could authorize the necessary advertising at this meeting, and request the views of staff. I On motion of Councillor Knibb . Seconded by Councillor Flewwelling RESOLVED that Common Council support the petition of the Saint John Central Bu~iness Development Corporation for the establishment, by by-law, of a business improvement area pursuant to the Business Improvement Areas Act, and authorize the necessary advertising in this regard, and that staff be asked to report to Council on implementation of the Corporation's proposal. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that this meeting be adjourned. 1 Question being taken, the motion was carried. Vhuff w 0~M/~ Co on Clerk the At a meeting of the Common Council, held at the City Hall thirteenth day of November, A.D. 1984, at 7:00 o'clock p.m. in the City of Saint John, on Tuesday, present Samuel Davis, Esquire, Deputy Mayor . Councillors Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - 1 Messrs. A. G. McDermott, City Manager; F, Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. McDevitt, Deputy Fire Chief; Inspector W. C. Butler, Police Department; C.E. Nicolle, Director of Recreation and Parks; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations. Reverend John Moses of Silver Falls United Church offered the opening prayer. I On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 5, 1984, be adopted. Question being taken, the motion was carried. . , , Dep~ty Mayor Davis,read a letter from Mayor Wayne regarding a request from the Red Cross for Councll s,a~slstan~e ln ~eetlng the desperate needs of the starving people in Ethopia, submitting a resolution for ~ouncll s conslderatlon and suggestlng that Council might also consider at this time that, if the budget permlts, money be allocated in the form of a grant 'for the purpose of feeding those who are starving. On motion of Councillor M. Vincent Seconded by Councillor Vaughan RESOLVED that Council authorize Mayor Elsie E. Wayne and Councillor Ralph Poley to meet with representatives of the Red Cross, with the intention of setting up a system whereby lIi... 5~~ ""IIIl citizens of Saint John bouring countries. can contribute monies to aid the starving people of Ethopia and its neigh- Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed regarding the proposed closing of a portion of University Avenue and that no written objections were received in this regard. No person was present to speak either against or in favour of the proposed street closing. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the by-law entitled, "A By-Law To Amend A By- Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of University Avenue, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the by-law entitled, "A By-Law To Amend A By- Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing a portion of University Avenue, be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John". Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate a lot at 378 Westmorland Road (L.R.I.S. Number 316851), with a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from Low Density Residential to District Centre Commercial classification, to provide for the re-zoning of the lot to "B-2" General Business classification to permit the establishment of a motorcycle sales and service business, as requested by Mr. Frederick G. Ganong. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from Mayor Wayne regarding the Sell Your City event, which was held in Toronto, Ontario on November 7, 1984, expressing appreciation to those who supported and attended such event and recommending that Council publicly thank the companies which supported this venture, the citizens who travelled to Toronto at their own expense, as well as Mr. John Sharp of the Sell Your City Committee, and all others involved in this event, including the Tourism and Public Relations Department and the two Police Bobbies, Sergeant Campbell and Constable Sylvester, all of whom worked so hard on the City's behalf -- be received and filed and the recommendation adopted. Councillors A. Vincent, M. Vincent and Deputy Mayor Davis, who attended the above event, commented briefly on same. Question being taken, the motion was carried. Mr. John E. Steeves addressed Council on behalf of the Trinity Neighbourhood Association and, referring to this group's previously-submitted brief, outlined concerns of this Association insofar as improvements to the area concerned, generating a movement of population back to the centre of the City and in creating an even more beautiful Saint John. Mr. Steeves also referred to the report of the Housing Policies Committee entitled, "Housing Opportunities In The 80's For the City of Saint John", which was presented to Council on March 5, 1984 and expressed the Association's interest in playing a major role in implementing some of the suggestions in this report as indicated in the said brief, and requested Council's immediate assistance in the following matters: (1) the placement of litter containers on each side of the streets in the area concerned, (2) provision of resident parking stickers for use by residents living in the areas of one-hour parking zones, (3) improved street lighting to ensure the safety of residents and visitors to the neighbourhood, and (4) the implementation of a neighbourhood watch program. During ensuing discussion Councillor Schermerhorn made the observation that the said brief refers to various matters, all of which should be addressed by Council and Mr. Steeves explained that the Trinity Neighbourhood Association is concerned not only with residents in the entire South End of the City but is also interested in attracting small business, such as store boutiques, to this area and re-iterated the Association's offer to assist Council in dealing with the matters broached in the submitted brief. Deputy Mayor Davis thanked Mr. Steeves for his presentation and advised that Council will render a decision on same later in this meeting. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne inviting the members of Common Council to participate in a ribbon-cutting ceremony on November 28 to officially open Charlotte Street, which has been extensively renovated, such ceremony to indicate to the business community the City's continued commitment to the economic vitality of Saint John -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Standard Paving Maritime Ltd., at a price of $37.00 per ton, be accepted for supplying 750 tons of cold mix asphalt. . I 1 . 1 . 1 I . ... ,... ~7 Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoices, namely:- Steele Trucking Ltd. - supply of gravel Stephen Paving (1982) Ltd. - supply of asphalt October 16-31, 1984 November 1-7, 1984 $ 5,955.86 $56,904.22 Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the proposal of Otis Elevator Co. Ltd., as indicated on the submitted summary, be accepted for a five-year maintenance contract for the escalators and elevator on the Dock Street pedway. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Gill Equipment Ltd., in the amount of $50,400.00 plus tax, be accepted for supplying one JCB 3D loader backhoe. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the Mayor and COmmon Clerk be authorized to execute the amended contract 6491 BE2, Minimum Standards Survey, with Employment and Immigration Canada, such amendment to permit a longer work period for some of the students employed on the project. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of The Rocca Group Market Square Development Limited, in the amount of $8,557.92, for provision of power for the period December 19, 1983 to May 16, 1984 for the Dock Street bridge link. Councillor Flewwelling asked why the City was not invoiced directly by The Power Commission of the City of Saint John; if there is a special meter for the Dock Street bridge link and why the above company does not submit the actual invoices of the said Commission to the City rather than its own invoice. Mr. Barfoot replied that all power to the Market Square complex generates through a master meter with individual meters to every section of the complex and, in the above instance, the power is generated through the main master meter thus the reason for receiving invoices through The Rocca Group Market Square Development Limited as the latter receives the master bill from the Power Commission which indicates the reading for each meter. Councillor Vaughan asked why the power provision to the pedway link to Brunswick Square would not be included in the above invoice to which Mr. Barfoot replied that invoices for same are submitted through Brunswick Square. Replying to a query of Councillor A. Vincent, Mr. Barfoot advised that discussions are presently being held with The Power Commission of the City of Saint John in an attempt to arrange for the City to be charged directly for its power consumption in this regard. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the presentation of the Trinity Neighbourhood Association be referred to the City Manager and staff to summarize the various issues addressed in same and identify the individual groups that would be looking at such issues and report to Council. 1 Councillor Schermerhorn, in proposing the above motion, suggested that such a summary would be useful for follow-up purposes by Council and also could be copied to the Trinity Neighbourhood Association so this group would be aware of staff to contact regarding its concerns. Question being taken, the motion was carried. Read a letter from the City Manager regarding the request of Mr. Wayne Doucette to purchase property on Tisdale Lane, which was considered by Council on September 10, 1984. I On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the property on Tisdale Lane, known as Lot 11, Block 10, being 25 x 100 feet, be sold to Mr. Wayne Doucette for the price of $2,500.00; that a subdivision plan be prepared for this lot at a maximum cost to the City of $1,000.00 with any additional cost to be the responsibility of Mr. Doucette; and that title to the property not be transferred until any subdivision cost over $1,000.00 has been paid for by Mr. Doucette. . Mr. Todd, replying to a query of Councillor Flewwelling, explained that, if the $1,000.00 cost for the subdivision plan were added to the value of the subject property, the market value of same would be exceeded and Mr. Doucette would not be interested in purchasing same and also that it is considered to the City's advantage to do the survey concerned at its cost in order to maintain control to ensure that the subdivision is done in an acceptable manner, and further that the survey for this subdivision will be performed by other than City staff. Mr. Armstrong added that, although the subject survey could be performed by City staff, it would have to be scheduled into all the priorities of the Engineering and Works Department's construction programs and that it has generally been found more appropriate to have such surveys performed ~ 528 ~ by a surveying firm with control on same maintained by input from the City surveyor. Councillor A. Vincent requested that, on property transactions of this nature, Council be provided with a confidential report indicating such details as the appraised and assessed values. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Poley RESOLVED that with regard to future property transactions, staff submit, to Council an attached summary of appraised and assessed values and square footage involved. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the amended contract 6521 BE6, Statistical Research Data Project, with Employment and Immigration Canada, such amendment to add the words "summer 84 only". Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Solicitor regarding the tender for contract 84-12 - University Avenue standpipe, which was awarded by Council on October 29, 1984 to E.T.S. Towers Inc. subject to review by the Legal Department and subject also to staff determining the completion date proposed by the said company and being satisfied therewith; expressing the opinion that, with respect to the three tenders received in this regard, there is only one unqualified bid in response to the subject tender, namely, that of E.T.S. Towers Inc., as the other tenderers clearly qualified their tenders with respect to completion time and, although the said company did submit a letter separate and apart from its tender advising that, if the completion date was advanced to the spring of 1985 the price could be reduced by $50,000.00, this was not part of the tender and the subject company made special note of the fact that it was not a condition of same, and as well this company was informed that this advice to the City would not disqualify the tender, therefore, Council may award contract 84-12 - University Avenue standpipe, to E.T.S, Towers Inc., in the amount of $409,200.00 -- be referred to the City Manager and the Legal and Engineering and Works Departments for a further report at Council's next meeting. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the City Solicitor regarding the Building By-Law, which was enacted by Council in July 1984, advising that the Minister of Municipal Affairs has refused to approve this By-Law because it contains a penalty section inserted under the authority of the Municipalities Act and representatives of the Provincial Department of Justice are of the opinion that the enforcement of this By-Law through court proceedings would be by reference to a violation of the Community Planning Act rather than the said By-Law, recommending that Section 19 which deals with penalties be deleted from this By- Law, which will mean that enforcement with respect to penalty provisions for a violation of this By-Law will be directly under the said Act rather than the Building By-Law and advising that it will be necessary for Council to again give three readings to this By-Law -- be received and filed: AND FURTHER that the by-law entitled, "By-Law Number M.lOl A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", be read a first time. Read a first time the by-law entitled, "By-Law Number M.lOl A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John". Mr. Rodgers, in reply to a query of Councillor M. Vincent, advised that the applicable section in the Community Planning Act with respect to the above matter provides that, if there is a violation and the procedure is by way of summary conviction rather than for an order under the higher court, the minimum penalty is $25.00 or a maximum of $100.00 and he confirmed that there is an another section in this Act under which the court can order action to rectify the problem over and above the voluntary fine, Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number M.lOl A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", be read a second time. Read a second time the by-law entitled, "By-Law Number M. 101 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John". Councillor A. Vincent asked that, prior to third reading, the matter of fire exits at the former Admiral Beatty Hotel be reviewed to which Mr. Johnson replied that both he and the Fire Marshal's Office take a very strong stand on the fact that exit stairs are required on buildings such as the said Hotel to maintain safety and confirmed that there is a substantial deficiency in this Hotel in this regard and explained the fire exit requirements in this building. Councillor Poley asked if the enactment of the above by-law would require inspection and possible changes in a number of buildings in the City to which Mr. Johnson replied that Appendix A in the proposed By-Law allows some existing buildings to meet a standard not currently met. . I 1 . 1 . 1 1 . ~ ,.. ,!&29 Question being taken, the motion was carried. . Replying to a query of Councillor Schermerhorn, the Common Clerk advised that Council, if it so wishes, can authorize the necessary advertising to eliminate the necessity of the above By-Law being read in its entirety. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that Council authorize the necessary advertising in order for the proposed new Building By-Law to be read by section numbers only prior to third reading. I Question being taken, the motion was carried. 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 I Your Committee begs leave to report that it sat on November 5, 1984 when there were present Mayor Wayne and Councillors, Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn and Vaughan, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Council approve payment of the amount of $24,177.80 to Woods Gordon for consulting services and expenses with respect to the hiring of a Chief of Police. . 2. That as recommended by the City Manager, authority be granted for the lease of 801 square feet of space on the first floor of the Brodie building, 42 Princess Street, to the Canadian Mental Health Association, under the following terms and conditions: (1) the lease to be for a period of one year commencing October 1, 1984 but cont,ain a clause allowing cancellation on 60 day written notice from either party; (2) that the rental for the premises be $5,400.00 per year; (3) that the Association be advised that Common Council would consider a request for a grant to cover the rent; (4) the leased area will be the eastern side of the first floor at 42 Princess Street with an area of approximately 801 square feet; (5) the City will provide for cleaning of the common halls and exterior maintenance; (6) the Association will be responsible for their own electricity, cleaning of the premises, maintenance of the washroom and any other charges directly attributed to the use of the space; (7) any alterations will be the responsibility of the Association and are subject to prior approval by the Property Management Branch of the City of Saint John; and (8) the Association agrees to use the rear door of the premises and as much as possible, agrees to keep their clients and visitors from the hallway. 1 3. That as recommended by the City Manager, the option in favour of Caton Development Limited to acquire property at 50 Princess Street under the terms outlined in a resolution adopted by the Common Council on August 20th, 1984, be extended to December 31st, 1984. 4. That as recommended by the City Manager, authority be granted for the sale of land on the southern side of Metcalf Street, between Albert and Cunard Streets, containing an area of 5,042 square feet (L.R.I.S. Number 55005001) to the North End Improvement Corporation for the price of $1,000.00, and that an option be retained to allow the City to reacquire the property for the purchase price if it is not developed for housing units within a period of one year from the date of transfer of title to the Corporation. 13 November, 1984 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Councillor A. Vincent asked the whereabouts of the subject'invoice and requested a breakdown of the out-of-pocket expenses concerned whereupon Mr. McDermott provided an explanation of same. Councillor A. Vincent expressed opposition to payment of the above 'amount and requested the names of the persons to whom travelling expenses were paid and re-iterated his request for a breakdown of the amount of $9,170.80 to which Mr. McDermott expressed his .intent to forwarded a letter to Woods' Gordon in this regard. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. [/ On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. . Councillor A. Vincent asked the assessed and appraised value of the above property and re- iterated his request for such information to be made available to Council in open session. Mr. Todd expressed the understanding that the subject property is not assessed as it is utilized as a tot lot at the present time and that the City paid $10,000.00 for this property in 1978 under a cost-shared program witb tbe other levels of government. Councillor A. Vincent suggested that the above motion should be amended to indicate that the property will be sold for the sum of $1.00 as, in his opinion, this property is going to a worthwhile cause whereupon Councillor Gould expressed the opinion that such an amendment is lio.. 530 ""IIIl not in order. Question being taken, the motion wag carried with Councillor A. Vincent voting "nay". On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Master Plumbers Examining Board, the application of Mr. Gary W. Stairs of Garnett Settlement, Saint John County, for a Master Plumber's License be approved and a 1985 Master Plumber's License be issued to him. Question being taken, the motion was carried. Deputy Mayor Davis suggested that an item regarding funding for Tattoo 200-1984, which was considered in Committee of the Whole earlier this date, be considered at this time. 1 Councillor Knibb noted that The Saint John Bicentennial Inc. is anxious to receive funding for the remaining deficit for Tattoo 200-1984 in the amount of $94,000.00, which is to be equally shared between the City and the Province, in order to pay outstanding bills. On motion of Councillor Knibb Seconded by Councillor Gould 1 RESOLVED that Council authorize an expenditure of an additional $47,000.00 as the City's share 'of the deficit of Tattoo 200~1984., Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Hospitality Association requesting that it be given the opportunity to have input regarding the newly-proposed . independent visitor and convention bureau and advising that a letter of recommendation will be forwarded by this Association to Council following its special meeting on November 22, 1984 -- be received and referred to the City Manager. Councillor M. Vincent, in seconding understanding that the Saint John Hospitality before any decisions are made in this regard. of the Hospitality Association on the present the above motion, advised that he does so on the Association be afforded the opportunity of input Mr. McDermott noted that there are two representatives Tourism Advisory Committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from CP Rail advising that it has applied to the Canadian Transport Commission to have railway operating rules changed in order that trains may be operated without cabooses; submitting a copy of CP Rail's application together with an executive summary, such application describing the technological developments that have led CP Rail to re-evaluate the role of the caboose in modern railway operations; and assuring Council that safety is a central concern of CP Rail in all phases of its operations and that the operation of cabooseless trains, as approved by the said Commission, would be no exception to this policy be received and referred to the City Manager and the Fire, Police and Engineering and Works Departments for comment. 1 Mr. McDermott asked if Councillor M. Vincent is particularly concerned with the matter of hazardous cargoes to which Councillor M. Vincent suggested that such matter may be of concern to the departments noted. Councillor Knibb suggested that, as Saint John is a major international port and has a number of street-level railway crossings and lengthy trains, it would be feasible to have a caboose at the end of trains in order to provide both security and employment. Councillor A. Vincent suggested that an invitation should be extended to the new Regional Vice President of CP Rail to meet with Council to discuss certain unfinished matters. . Question being taken, the motion was carried. Read a letter from Saint John College Development Incorporated expressing support of a concept for a student centre at the Saint John Campus of the University of New Brunswick, such centre being needed not only for the students but to provide extra space, the requirement for the latter being indicated in a brochure of the University of New Brunswick under the name of Dr. R. E. Tweeddale, Chairman of the Board of Governors; expressing opposition to the apparent philosophy in this brochure which indicates that the bulk of the additional monies for such a centre should be raised in the Saint John area as the University of New Brunswick is a Provincial university which operates two campuses and it has never been the policy that additions to the Fredericton Campus must be paid for by persons in the Fredericton area; and urging the City to make strong representations to change this apparent philosophy which is considered prejudicial to Saint John and the Saint John Campus. 1 A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that the above letter be received and filed. Councillor Knibb expressed the opinion that the above letter is an interference with what is a sound policy by the University and that Council should not get involved in the implication that Saint John in some manner is being unfairly treated in this matter. Councillor Flewwelling expressed the understanding that a limited amount of fundi~g is available through the University of New Brunswick in Fredericton and that, following an attempt by the group in question to obtain same, the citizens of Saint John could be requested for the remaining amount. Councillor M. Vincent suggested that, if the allegations in the subject letter have merit, action should be taken by Council and that the Mayor or a staff member should determine the intent with respect to funding of such a student centre. Councillor Poley concurred with Councillor M. Vincent and suggested that, prior to asking Council to take a strong stand on this matter which is basically broached by inference only, Saint John College Development Incorporated should be more specific in this matter. The proposed motion was withdrawn with the consent of the mover and seconder. 1 . ..... ,.... 5tH On motion of Councillor Poley . Seconded by Councillor Gould RESOLVED that Her Worship the Mayor be asked to determine whether or not a situation exists as that described in the letter from Saint John College Development Incorporated concerning funds for a student centre and report to Council. Deputy Mayor Davis suggested that the amount of funding concerned which is to be obtained from liNB's Third Century Fund and from the public should be determined. Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 Yk, if Ya/'r mmon Cl er At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the nineteenth day of November, A.D. 1984, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor . Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - 1 Messrs. N. Barfoot, Assistant City Manager - Administration; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; C. Breen, Acting Chief of Police; R. MCDevittA Deputy Fi:e Chief; J. Johnson, BUlldmg Inspector; J. Brown~"-J, ,~Istant DIrector of Recreation; M. Hanlon, Purchasing Agent; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. The meeting opened with the reciting of The Lord's Prayer. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 13, 1984, be adopted. Question being taken, the motion was carried. . Her Worship the Mayor commented on the celebration planned for November 22, 1984 on the occasion of the Bicentennial of the first meeting of the government of New Brunswick, and also commented on plans for a ceremony involving the lighting and decorating of the City's Christmas tree to be held in front of the City Hall building on December 6, 1984. (Councillor Poley entered the meeting during the foregoing remarks.) 1 Councillor Flewwelling expressed concern with respect to the increasing number of private residences being burglarized in the City and suggested that action should be taken to either increase the police patrol of such areas, utilize the services of auxiliary' policemen or police cadets or organize the residents in the community so that they can look after their own homes. Councillor Knibb suggested that an item regarding the Carnegie building, which is to be considered by Council in Committee of the Whole later this date, should be considered at this meeting. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above item be added to the agenda for consideration at this meeting. I Question being taken, the motion was carried. Councillor Vaughan extended a message of sympathy on behalf of Common Council to the family of the late Dr. Bernard L. McCarthy, former superintendent of School District Number 20, who passed away on November 16, 1984. The Mayor noted that she and Councillor Murray were in attendance at Port Day in New York, U.S.A., on November 14, 1984 and suggested that, as it appears that other municipalities obtain provincial funding, the City should seek such assistance from the Province of New Brunswick. . The Mayor referred to the use of the Provincial Bicentennial logo on City stationery this year and asked the intent in this regard for 1985 in view of it being the City's Bicentennial and the year of the Canada Summer Games whereupon Councillor Gould suggested that the motto "200 Years Proud", as it is a recognized expression, could be used on City stationery. iii... ""IIIl 532 Her Worship the Mayor read a letter from Fire Chief P. Clark (copies of which were - forwarded to Council members as an information item) regarding his forthcoming retirement from the City on December 30, 1984 and thanked Chief Clark for his many years of dedicated service to the City of Saint John. . Councillor A. Vincent suggested that, in view of the absence of members of the Saint John Police Department in the November 11 Remembrance Day Parade, the City Manager and Acting Chief of Police should submit a report to Council explaining the reason for this absence. The Mayor expressed the understanding that, based on her discussion with a Police Department representative ~ho participated in the wreath-laying ceremony, lack of participation in the Parade by members of the Pollce Department is related to their working agreement with the City and bid positions. Read a letter from Mayor Wayne regarding a report in the local newspaper on a bankruptcy trial of a local company and a statement made under oath at this trial that the City of Saint John received paintings worth approximately $10,000.00, along with other items, when it purchased the Grandview Avenue garage on October 27, 1980 from Slattery Management & Realty (1978) Ltd., advising that the staff member who catalogues the City Hall paintings is not aware of, nor did the City receive, any paintings when this transaction took place, and recommending that this matter be referred to the City Manager for immediate report to Council as to what was received, by the City of Saint John when this property transaction was finalized , and just where the paintings are and who was responsible to see that the City received them. 1 On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the City Manager be requested to investigate the above matter and report to Council. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Flewwelling regarding the Victorian Order of Nurses, which has existed in the City of Saint John for 85 years, is the largest Order east of Ontario and has reduced the time senior citizens spend in hospital which results in a substantial monetary saving to the Province; advising that this Order is now finding competition through an organization known as Extra Mural Hospital Care, which is supported by the Provincial Government and financed through insurance services and, in his opinion, is competing unjustly with the V.O.N. if only from a financial point of view, and recommending that Common Council adopt a motion to support the Victorian Order of Nurses. . A motion was proposed by Councillor Flewwelling and se~onded by Councillor Knibb that Council express its continued support of the Victorian Order of Nurses in the City and Councillor Knibb suggested that Council should contact the appropriate Provincial officials to suggest that, if the Province is moving toward financially assisting human resource groups in the City, such funding should be provided to the Victorian Order of Nurses rather than duplicating the services provided by such group. . On motion of Councillor Flewwelling 1 Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John express its continued support of the Victorian Order of Nurses and further that the appropriate Provincial authorities be requested to provide information regarding the Extra Mural Hospital Care group. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that as recommended by be granted for payment of the following invoices, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November 8-14, 1984 - supply of asphalt November 9, 1984 the City Manager, authority $28,905.56 $ 930.11 . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of The Disher Steen Partnership, in the amount of $5,992.00, for I professional services rendered on the City Market structure. Councillor A. Vincent asked the status of Federal funding for the City Market project to which the Mayor replied that there is no such funding at the present time although The Honourable Gerald Merrithew, Minister of State for Forestry, is reviewing this matter. Question being taken, the motion was carried. ",. >:-:- s~:. . '> , " \.,)-~ ~ . '~:)_..3 Her Worship the Mayor welcomed Mrs. Shirley Dysart, Member of the Legislative Assembly, to 1 the Council Chamber. At the request of Councillor Knibb, Mr. Armstrong explained the temporary alternate traffic routes in the downtown core of the City for the duration of the sewer construction project on Water Street and also the effect of Union Street, between Charlotte and Sydney Streets, having been opened to two-way traffic during the reconstruction of Charlotte Street which Mr. Armstrong advised will be monitored particularly during the winter season. . ..... ,.. 8>>33 . I 1 . " 1 . 1 I . ... On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. pedway System - City Hall Section Rocca Construction Ltd. To construct pedway Original estimated value of contract Total work done, Estimmate Number 12 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 12, dated November 7, 1984 Final holdback release $ 12,207.70 $551,000.00 532,926.85 Nil 520,718.15 2. Crackfilling - Asphalt Pavements - 1983 Spectrum Enterprises Limited Crackfilling on designated streets Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 14, Final holdback release $ 14,200.00 12,962.07 Nil 11,017.76 1984 $ 1,944.31 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that as recommended by the City Manager and Mr. S. J. A1'IIlstrong,,'dCIty Representative: for' City 'Centre Improvements, authority be granted for payment of the following c~nstruction progress'certificate, namely:- 1. Market Square Development - City Centre Improvements Contract CCI #20 - Waterfront Boardwalk - Phase 2 Lundrigan's Construction Limited Construction of timber sidewalk Original estimated value of contract Total work done, Estimate Number 6 (Final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated November 7, 1984 Final release of holdback $ 72,364.02 $361,519.00 387,484.23 Nil 315,120.21 Mr. Armstrong, replying to a query of Councillor Schermerhorn, advised that, although there may have ,been minor variation on prices from the contractor concerned, there would be little difference in the ,list of submitted changes despite who the general contractor was as such matters arose after the contract had been called, and noted that $676.50 for the modifications to the boardwalk will be reclaimed from The Rocca Group Market Square Development Limited. Councillor Vaughan asked that the incline of the ramps for the handicapped at Market Square be examined as it is her understanding that they are too steep. Councillor Flewwelling suggested that, in future when the total changes on a contract amount to more than the City Manager's authorized total of $5,000.00, such changes should be presented to Council for consideration and the Mayor asked that staff review such matter. The Mayor asked if the wood used in the construction of the boardwalk was treated to meet the standard of .045 or was it treated to meet the standard of refusal to which Mr. Armstrong replied that he would have to check with the Project Manager in this regard. The Mayor asked for a report on same at the next meeting of Council. Councillor A. Vincent expressed the opinion that, if Council is to be consulted on changes over $5,000.00 on contract, in view of the time required to do so the City could be subjected to the penalty clauses in such contracts and he expressed satisfaction with the manner in which Mr. Armstrong approves such changes. Question being taken, the motion was carried. Read a letter from the City Manager regarding contract 84-12 - University Avenue standpipe, which was considered at Council's last meeting, submitting a copy of a telex from E.T.S. Towers Inc. confirming its tendered price of $409,200.00 under terms of completion as per the contact documents, and advising that this matter has been reviewed with the City Solicitor. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, contract 84-12 - University Avenue standpipe be awarded to E.T.S. Towers Inc., at the tendered price of $409,200.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Councillor Knibb asked if the City is in a position to negotiate with the above company for a reV1Slon to the tendered price if the City does not require, as the tender stipulated, that the project should be completed within two months. Mr. Rodgers replied that, although he is not aware of the policy carried out by staff with contractors following awarding of contracts, he is familiar with the tender call itself, the contract and the recommendation concerned and expressed the opinion that it is not the time nor place to discuss what the City may be negotiating for the future. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender for motorized equipment be awarded in accordance with the recommendations contained in the submitted bid summaries. Question being taken, the motion was carried. ~ ~ :tel On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, contract CCI #24 - Dock Street sidewalk, be awarded to ,the low tenderer, Maritime Formless Limited, at the tendered amount of $69,995.80, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. . Councillor Poley questioned the feasibility of expending a substantial amount of funds on the construction of a pedway to connect the aquatic centre with the existing skywalk system and subsequently awarding the above tender which represents approximately $70,000.00 for a brick sidewalk on a portion of Dock Street on which the amount of pedestrian use is questionable and, in view of the need for asphalt sidewalks in other areas of the City, it is his opinion that the above amount represents a considerable expenditure in an area which could generate extremely low pedestrian traffic. Replying to a query of Councillor Poley as to whether a significant saving would result by placing a concrete or other type of sidewalk in the area concerned, Mr. Armstrong advised that a monetary saving could result, however, this project is part of the City Centre Improvements Agree- ment and the brick was chosen to complement other sidewalks and the buildings in the area concerned. It was noted that The Saint John 1985 Canada Summer Games Society, Inc., is contributing $30,000.00 toward the cost of completing the Dock Street sidewalk. 1 Question being taken, the motion was carried with Councillor Poley voting "nay". 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of municipal castings for the year 1985 be awarded to Saint John Foundry~Ltd., at the prices quoted in the submitted summary. Mr. Barfoot, in reply to a query of Councillor Flewwelling, advised that the above castings . are for use in the Water and Sewerage Divison to replace general stock and that the exact number required has not been determined at this time and will be ordered as needed. Question being taken, the motion was carried. Read a letter from the City Manager regarding the inquiry of the Mr',. :Hil.rOldEl'Wrightl:":,: witli.cregard;,to~his.lproposal 'considered 1by 'Couricil on' .NoVeJIlber 14,. 1983' for J the City:to re-dedicate a memorial with a plaque commemorating those who served in the armed forces during the Korean Conflict, advising that, although Council resolved to re-dedicate a memorial in 1984 with the matter of an appropriate memorial on which to place such a plaque to be determined, there was apparently some misunderstanding as to who had the responsibility for organizing this project and nothing has yet been done. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of November 14, 1983, be confirmed and that a plaque be placed on the Cenotaph in King Square commemorating those serving in the Korean Conflict and that the N.B. Command of the Canadian Legion be requested to co-ordinate the production, placement and dedication of this plaque. Question being taken, the motion was carried. On motion of Councillor,Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the annual vehicle and equipment auction, which was conducted by A-I Auctioneers on Saturday, November 10, 1984, advising that the total proceeds from the sale amounted to $35,125.00 with expenses amounting . to $2,176.25, leaving a net revenue of $32,948.75, and submitting a list of items included in the sale together with the revenue obtained from each -- be received and filed. Councillor Flewwelling expressed the opinion that, in view of the low prices received for certain of the vehicles sold, the City should engage one of the auctioneering firms previously used at City auctions. Mr. Hanlon advised that the amount received at this auction represents approximately 10 per cent more than what was anticipated and expressed the opinion that the City's cost would have been greater,had another auctioneer been engaged. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager regarding the operation of trains without cabooses, which was considered at Council's last meeting, advising that a letter has been forwarded to Mr. D. C. Coleman, Vice President of CP Rail, requesting that officials of CP Rail meet with Fire Chief P. Clark, Acting Chief of Police C. Breen and the City Manager within the next few weeks to discuss the application of the railways to have the operating rules changed to allow trains to operate without cabooses, and also advising that, following attendance at a demonstration of a ~p~cial train of this nature to be held in Moncton, N.B. in December, which will be attended by Chief Clark, Acting Chief Breen and the City Manager, a further report will be submitted to Council in this regard -- be received and filed and that a representative of the Engineering and Works Department also attend the said demonstration in Moncton. Mr.: Barfoot advised that, following Fire Chief P. Clark's review of the uniform code of CP Rail with respect to changes in operating rules in connection with cabooseless freight train operation, a report on same will be included with that mentioned above. Councillor Flewwelling expressed the opinion that the City of Saint John should not be involved in this matter as it has nothing to do with the operation of railways. 1 . Question being taken, the motion was carried with Councillor Flewwelling voting "nay". .... ,.. ~.~~5 On motion of Councillor Gould . Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager submitting a copy of a report from Mr. T. Totten, Deputy Commissioner of Finance and Municipal Campaign Chairman for the United Way, noting that as of November 9, 1984, an amount of $35,420.00 had been raised by City employees which represents a 46% increase over the 1983 total and a 25% increase over the 1984 objective -- be received and filed. Question being taken, the motion was carried. 1 Consideration was given to a letter from the City Manager regarding the petition of the Saint John Central Business Development Corporation for designation of a business improvement area, which was supported by Council at its meeting on November 5, 1984, submitting a copy of a report from the Deputy Commissioner of Community Planning which fully details the background and current status and recommends the necessary steps for implementation, such recommendation based, in part, upon the,unenacted legislation, therefore the time constraints are such that if any action is to be taken this year, it must be done on this basis, and submitting a recommendation for Council's consideration, I Consideration was also given to a letter from the Saint John Central Business Development Corporation advising its desire to revise the boundaries of the proposed business improvement area from the area previously requested by the Corporation to the area bounded by the following streets: the northern side of Union Street from the water to George Street, along the rear of those lots that are situated along the north side of Union to Sydney Streets, along the western side of Sydney Street to Princess Street, along the northern side of Princess Street to the water, as indicated on the submitted map, and expressing the understanding that these revised boundaries are acceptable to City staff. . Consideration was also given to a letter from Wilson Security submitting a copy of its letter to the Saint John Central Business Development Corporation, advising that, while it is not in favour of a business improvement area including Coburg Street to Peter Street which covers the area containing its building, if it is included, it would expect to receive permission to erect an illuminated sign the same size as that of Tri- Town on Peel Street and as Clark & Sleigh on Prince Edward Street, and expressing the opinion that all areas to be included in a business improvement area need very careful consideration so that small business on the fringes of such an area will not be helping large central businesses without receiving any benefits. On motion of Councillor Schermerhorn 1 Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, Common Council confirm its support for the establishment of and participation in a business improvement area for uptown Saint John; that as requested by the Saint John Central Business Development Corporation, the proposed boundaries for such area be modified and approved in accordance with the submitted copy of map 2, and the Common Clerk be authorized to advertise the revised business improvement area boundaries; that Common Council resolution of November 5, 1984, which authorized the advertising of the earlier proposed boundaries, be rescinded; and that a position paper be prepared by staff, approved by Council and forwarded to the Law Amendments Committee dealing with the existing Business Improvement Areas Act and proposed amendments. Mr. Winch, replying to a' query of Councillor Gould, advised that a report from staff on the above matter should be submitted to Council in two weeks. Councillor A. Vincent expressed the opinion that the area of the courthouse should be included in the proposed area. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Saint John Central Business Development Corporation and the letter from Wilson Security regarding the petition to establish a business improvement area -- be received and filed. . The Mayor suggested that the letter from Wilson Security should be referred to the Saint John Central Business Development Corporation, however it was noted that this firm is not included in the proposed area. Question being taken, the motion was carried. The Mayor advised that Mr. C. Robichaud, Assistant City Manager - Operations, has requested that the report regarding the tender for heating the carpenter shop be withdrawn from the agenda and that a report will probably be submitted to Council at its next meeting. 1 On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", with respect to closing the following 'polJtion: of highway:- 1 UNIVERSITY AVENUE - All that certain lot, piece or parcel of land situate, lying and being in the City of Saint John', County of Saint John and Province of New Brunswick being an undeveloped portion of the public street identified as University Avenue and more particularly described as follows: . Beginning at a point on the western sideline of Sandy Point Road at its intersection with the southern sideline of Tucker Park Road, the said point or place of beginning having New Brunswick Grid Co-ordinate values, east 333100.32, north 667509.511; going thence from the place of beginning along the western sideline of Sandy Point Road on an azimuth referred to the north point of the New Brunswick Grid Coordinate System, one hundred forty-five (145) degrees, four (04) minutes and forty (40) seconds, twenty-six and zero hundredths (26.00) metres; thence on an azimuth of two hundred ten (210) degrees, fifty-nine (59) minutes and zero (00) seconds, one hundred seventy-five and seventy-seven hundredths (175.77) metres; thence on an azimuth of two hundred thirty-six (236) degrees, forty-one (41) minutes and forty (40) seconds seventy and fifty hundredths (70.50) metres to its intersection with the line of division between lands herein described and lands lying to the southwest owned by the Province of New Brunswick and occupied by the Saint John Regional Hospital; thence along the said line of division on an azimuth of three hundred one (301) degrees, thirty-two (32) minutes and twenty (20) seconds five and twenty-nine hundredths (5.29) metres to the southwestern corner of a lot of land owned by the University of New Brunswick; thence along the southeastern sideline of the said University of New Brunswick lot following the circumference of a curve to the left (the said curve having a .... "IIIIl ~~@ radius of one hundred fifty-nine and sixty-two hundredths (159.62) metres) forty-one and sixty-three hundredths (41.63) metres, the said distance being equal to forty-one and fifty-one hundredths (41.51) metres measured on a chord of the said curve, the said chord having an azimuth of thirty-eight (38) degrees, 'twenty-seven (27) minutes and ten (10) seconds; thence continuing along the said southeastern sideline of the University of New Brunswick lot on an azimuth of thirty (30) degrees, fifty-nine (59) minutes and zero (00) seconds two hundred one and ninety-two hundredths (201.92) metres to the aforesaid southern sideline of Tucker Park Road; thence along the said southern sideline of Tucker Park Road on an azimuth of seventy-five (75) degrees, fifty (SO) minutes and forty (40) seconds nine and fifty-six hundredths (9.56) metres to the place of beginning; the herein described parcel of land having an area of 6570 square metres and shown on a plan entitled "Subdivision Plan City of Saint John Subdivision: dated October 24, 1983 prepared by Kierstead Surveys Ltd. and signed by Gerald R. Roberts, N.B.L.S. . - be read a third time and enacted and the Corporate Common Seal be affixed thereto. 1 The by-law entitled,' "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Ken's Auto Body Ltd. have been completed and that the required waiting period for objections expired on November 14, 1984 with no written objections having been received. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that the application of Ken's Auto Body Ltd. for a Municipal Plan amendment and re-zoning of property at 155 Sandy Point Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard. '. Question being taken, the motion was carried. . Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted applica- tion of Trueman Morrow Ltd. have been completed and that the required waiting period for objections expired on November 14, 1984 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillo~ Gould RESOLVED that the application of Trueman Morrow Ltd. for a Municipal Plan amendment and re-zoning of property at 329 Lowell Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard., Question being taken, the motion was carried. 1 J1 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 begs leave to report that it sat on Tuesday, November 13, 1984, when there were present Deputy Mayor Davis and Councillors Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That Council approve additional 1984 funding for the Saint John Aquatic Centre Commission in ... the total amount of $245,000.00, such amount representing $179,000.00 for capital expenses and $66,000.00 for operating expenses. November 19, 1984, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above report be received and filed and the 1 recommendation therein be adopted. A brief discussion ensued during which time the matter of funding availability from the surrounding municipalities for the above facility was broached and the Mayor noted the presence at meeting of Messrs. T. Bryce, General Manager of the Aquatic Centre, and P. Daniels, member of the Saint John Aquatic Center Commission, and welcomed them to the Council Chamber. the Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the annual report of Loyalist Days Inc., for the year ending August 31, 1984, be received and filed and the members of this group be commended for their efforts in this regard. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Vaughan RESOLVED that the memorandum from the Provincial-Municipal Council Inc. submitting information concerning recommended action from the Canadian Transport Commission for use of floodlighting equipment at railway crossings where there presently exists no safety or ... ,.. '5..37 . 1 I . I . 1 1 . ... lighting equipment and asking for comments as to the worthiness of such action by November 27, 1984 -- be referred to the City Manager for a report at Council's next meeting. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from The Saint John District Labour Council expressing opposition to the hiring of a Chief of Police from'outside the City of Saint John, stating that the Labour Council finds it hard to accept there are not competent people in the City of Saint John capable of performing the duties of Chief of Police and expressing the view that Common Council is showing a lack of confidence in the present force and in the City itself -- be received and filed. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. R. F. Daye requesting to enter into negotiations with the City to acquire a parcel of land on Rothesay Avenue in the area of the former Downey Motors garage on which to establish a local business -- be referred to the City Manager for discussion with Mr. Daye. Question being taken, the motion was carried. Read a letter from The Valley Neighbourhood Association expressing concern about the proposed introduction of a physiotherapy practice on Mount Pleasant Avenue North, which is an "R-lA" residential area, for, although the need for private initiative and enterprise in Saint John is recognized, some pro- tection must be afforded to property values and the tax base if the problem of outmigration to the suberbs and the effect this has upon City finances is to be remedied; expressing the opinion that the introduction of a publicly obvious commercial activity on Mount Pleasnat Avenue benefits anyone without effectively reducing one more standard and the quality of life in Saint John; also expressing concern about the changes which have been allowed to occur in the Seely and Gooderich Streets area and requesting Council's support in protecting against further deterioration in the Mount Pleasant Avenue, Seeley and Gooderich Streets area and in the efforts of this Association to revitalize the Valley Corridor area of the City of Saint John. Councillor Knibb noted the presence in the Council Chamber of a delegation from the above area and suggested that a spokesperson for same may wish to address Council in this regard. Councillor Flewwelling suggested that, in view of the revitalization program underway in the City and the efforts of the Sell Your City Committee to make other areas aware of what Saint John has to offer, Council should be taking whatever action is necessary to encourage persons to take pride in their homes and properties, as well as in their City and promote it as a pleasant place in which to live. Councillor Flewwelling also suggested that the following minimum standards which the City should permit in residential neighbourhoods are (1) that the residential character of homes should not be disturbed, (2) that there be no separate entrances for businesses, (3) that there be no signs indicating that there are businesses and (4) that all parking related to business should be screened from neighbouring homes, and recommended that staff examine these suggestions, with The Valley Neighbourhood Assocication provided an opportunity for input and that this matter be properly weighed prior to reporting to Council and that no business be permitted to enter a zoned residential area under provisions of the By-Law until this matter is reported on by staff, such report to be submitted in two weeks. Councillor Flewwelling moved adoption of the above recommendation and Councillor A. Vincent seconded same whereupon Mr. Winch, at the request of the Mayor, noted that this matter basically concerns home occupation in residential areas and suggested that Council should request a report from staff on the current situation and on the suggestions of Councillor Flewwelling, however, with respect to hOlding permits for applications for business of this nature in the interim pending staff's report, it may not be possible to do so until the law is changed. Mr. Rodgers concurred with Mr. Winch in regard to the latter matter. Councillor Knibb suggested that Council should hear at this time the views of both the said Association and the person proposing the physiotherapy practice and Councillor Gould suggested that a representative of this Association and the person applying for the business operation should meet with staff in this regard. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the above matter be referred to the City Manager and appropriate staff for review and report to Council in two weeks with The Valley Neighbourhood Association and the person proposing the physiotherapy practice in the area concerned to be requested to meet'with Messrs. Zides and Winch in this regard. Question being taken, the motion was carried. Read a letter from the Committee Concerned with Special Needs of Children requesting to appear before Common Council to inform Council of its continuing concerns regarding the closure of the Dr. William F. Roberts Hospital School. On motion of Councillor Knibb Seconded by Councillor Vaughan RESOLVED that the above Committee be invited to address Council at this time. The Mayor expressed the understanding that, although she does not approve of conducting hearings at 4:00 o'clock p.m. meetings of Council, it is of necessity that Dr. J. MacDougall, Chairman of this Committee, address Council immediately. Question being taken, the motion was carried. Dr. J. A. MacDougall, Chairman of the Committee Concerned with Special Needs of Children, addressed Council and explained that, despite attempts to obtain from knowledgeable people information on the proper and adequate facilities as a replacement for the Dr. William F. Roberts Hospital School none have been obtained, nor has the Committee seen any evidence of proper replacement of facilities to date; however, the Committee has seen the other side of the situation because already children are not being admitted to the Hospital School and what is happening to these children is unknown. Dr. MacDougall expressed the understanding that there has been a direct directive for closing two units of the Hospital School early in December and advised 538 """Ill that this Committee's major concern is that it has been unable to carry out its mandate which included a meeting with the Premier as, to date, efforts to arrange such a meeting have been unsuccess- ful and he asked Council's assistance in arranging such a meeting. Dr. MacDougall introduced Mrs. Mary Chanteloup, whose husband has taken a very active interest in this matter and who also has a child who is presently receiving benefits from the Hospital School, and asked that she be given the oppor- tunity to address Council at this time. Mrs. Mary Chanteloup addressed Council and referred briefly to six cases involving children associated with the Dr. William F. Roberts Hospital School, such cases involving attempts to provide community-based services as opposed to the services of the Hospital School and advised that, based on her discussion with a child phychiatrist from Montreal, P.Q., and a doctor from Ontario, both of whom are involved in community-based programs, it is her understanding that, although such programs are successful in urban and suburban areas, there are problems in the outlying areas and as well that it costs more, rather than less as indicated by the Provincial Minister of Social Services, to conduct community-based services in comparison to institutionalized services. Mrs. Chanteloup expressed the opinion that this Committee's concern should be made known to the Premier and re-iterated the request for Council's assistance in arranging such a meeting. Discussion ensued regarding whether or not it may be more feasible for this Committee to meet with the Minister of Social Services prior to meeting with the Premier and also if it would be in order for Council to be present at such a meeting. The Mayor expressed her intent to forward a letter to the Premier and the Minister of Social Services including information on the six cases presented by Mrs. Chante10up and expresSing the opinion that the community-based services are not in place in order to phase out the Dr. William F. Roberts Hospital School at this time. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that Her Worship the Mayor be asked to attempt to convene a meeting between the Committee Concerned With Special Needs of Children and the Premier of New Brunswick. Councillor M. Vincent, in proposing the above motion, suggested that Council could be included in the above meeting iZ desired. Deputy Mayor Davis asked how much support there is from other areas of the Province with respect to the retention of the Dr. William F. Roberts Hospital School. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that Mr. W.H.R. Smith, Chairman of The Saint John Bicentennial Inc., has advised that the detailed planning for the renovation of the Carnegie building is underway and that it is anticipated that the first level of this building, which will house the Art Gallery and the Bicentennial Exhibition Hall, will be open to the public by May 18, 1985 -- be received and filed. Councillor Knibb noted that the Beaverbrook Founation is providing $850,000.00 to:the above project with the City being responsible for the operating costs of same. Councillor Schermerhorn asked if the limitations placed by Council on the operating costs are included in the proposal of the above group to which the Mayor replied in the affirmative based on her discussion with Mr. D. Case of The Saint John Bicentennial Inc. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Lfho1 Vi. raTe!- Common Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-sixth day of November, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; T. Totten, Deputy Commissioner of Finance; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; J. Brownell, Assistant Director of Recreation; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. . 1 1 . 1 . 1 I . ~ ,.. 539 Reverend Stanley Sears of Centenary-Queen Square United Church offered the opening prayer. On motion of Councillor Flewwelling . Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on November 19, 1984, be approved. Question being taken, the motion was carried. I Her Worship the Mayor referred to the activities planned for December 6, 1984 on the occasion of a Christmas tree trimming and lighting ceremony to be held in front of the City Hall building and thanked The Honourable Omer Leger, Provincial Minister of Tourism, and Councillor A. Vincent, International Representative of the International Union of Bricklayers and Allied Craftsmen for Atlantic Canada, and a member of Local No.1, N.B., for their donations to this event. The Mayor noted that a newspaper in Providence, Rhode Island, U.S.A., has written an article which features a picture of four members of Saint John's Lady Barbershoppers Chorus, The Sea Belles, who are competing in an International competition in Providence, and asked that the City Manage~ ~nd th~ Dir~ctor of Tourism and Public Relations assist The Sea Belles during the 1986 International competltlon WhlCh wlll be held in Saint John. I Her Worship the Mayor displayed a Canada Safety Council Certificate of Merit, which was awarded to the City of Saint John on November 22, in recognition of the City's having a fatality-free safe driving week in 1983. . Her Worship the Mayor noted the presence in the Council Chamber of Chef Roy" Butterworth of The Delta Brunswick Hotel, who, with Chef Graham Trickett of Newcastle, N.B., headed the Atlantic Team which travelled to Frankfurt, Germany during October 12 to 18 to compete in the World Culinary Olympics and were successful in winning 5 silver medals. At the request of the Mayor, Mr. Butterworth commented on participation in the World Culinary Olympics and displayed the silver medals and the gold medal which he was awarded earlier this date which makes it possible for him to be the only Canadian to be a candidate judge for the World Culinary Olympics at Hotel Olympia in 1986. The Mayor presented Mr. Butterworth with a token of commendation on behalf of Common Council and declared him to 'be an Honourary Loyalist of the City of Saint John. The Mayor recognized Mr. Paul Duncan in the Council Chamber whereupon Mr. Duncan presented, on behalf of the Board of Directors of "Saint John on the March", its publication being one of the original Bicentennial publications for the City of Saint John, a copy of the publication, "Saint John On The March". The Mayor thanked Mr. Duncan on behalf of the Council members. Councillor Poley noted the presence of former Councillor Charles Denton in the Council Chamber and the Mayor welcomed him to the meeting. Councillor Schermerhorn commended Mr. Paul Duncan for the excellence of his narration of the Saint John Annual Santa Claus Parade held on November 17 and the Mayor congratulated the Saint John Coast Guard for its success in winning a float award in this Parade. I (The Mayor withdrew from the Council Chamber whereupon Deputy Mayor Davis assumed the chair.) The Common Clerk advised that the necessary advertising was completed with respect to (a) amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan to reclassify a parcel of land containing approximately 1 acre with a frontage of 225 ft. on Albert Street being part of the land identified as L.R.I.S. Number 380410 located as shown on the submitted sketch between Shamrock Park and two three-storey apartment buildings on Newman Street, from Medium Density Residential to Commercial classification; and (b) re-zoning the same parcel of land from "RM-l"'Multiple Residential to "B~2" General Business classifi=" cation, to permit construction of a plumbing contractors shop, such shop to be located in the basement of one of two-12 unit apartment buildings which are to be constructed, as requested by Mr. Brant Hickman, and that a letter of objection was received from the North End Improvement Corporation Inc. . Consideration was given to a letter from the Planning Advisory Committee recommending that the above application not be approved but that the applicant be encouraged to proceed with the apartment buildings as permitted by the Zoning By-Law. Mr. Barry Vincent, Treasurer of the North End Improvement Corporation Inc., spoke in opposition to the above application and suggested that, while it would be desirable to have the two-12 unit apartment buildings in the area, this could be accomplished under the current Zoning By-Law. 1 Councillor Knibb asked if there is considered to be a need for additional housing in Saint John to which Mr. Vincent replied in the affirmative and added that there is a substantial need for senior citizens housing in the North End of the City as well as the low income housing sector and he concurred that there is a great need for construction in the City in order to provide employment and added that this Corporation has completed a 12-unit housing project on Main Street and is currently working on 15-units of housing on Metcalf Street. Mr. Vincent re-iterated that his group is not opposed to the construction of the 24 apartment units, however, it is opposed to the proposed plumbing shop in the basement of one of the apartment buildings as a precedent could be set for changing the area concerned into a commercial area. Councillor Knibb asked if the North End Improvement Corporation Inc. would be prepared to withdraw its opposition if the proposed re-zoning were adopted subject to Section 39 of the Community Planning Act which could restrict the re- zoning to a specific use and ensure that such use is adhered to in the event the property is sold to which Mr. Vincent replied in the negative for the reason of what might occur in the future with regard to the inventory and appearance of the site due to the presence of a plumbing contractors shop. 1 (The Mayor re-entered the meeting during the foregoing discussion and reassumed the chair.) Mr. Brant Hickman spoke in favour of his application and explained that, as he requires additional space than provided in his present location, it is his intent to construct the apartment units with his plumbing contractors shop in the basement of one building and that it had been his intent to make this a winter project which would provide employment and give him additional space from which to operate his shop. . Mr. Hickman, replying to Council queries, advised that he took over the subject business fromdhis father in February, intends to reside in the apartment building which houses his shop, agrees with a Section 39 re-zoning limiting the use of the property to a plumbing contractors shop, is able to obtain the financing required to carry out this project, and he explained that the outside of the subject building would have the appearance of an apartment building, would require no sign and the interior would house a warehouse and small office in the basement. Mr. Hickman also explained that the warehouse would stock inventory and that, although he would sell to the general public if requested, he carries out construction plumbing and does not cater to the public, therefore, additional generation of traffic would not pose a problem. Mr. Hickman also ... 8$40 ' """'IIIl advised that it is his intent to construct only one apartment unit at this time with the other to be built when funding is available and that he is not financially able to construct a building in which to operate his business as well as an apartment unit. Discussion ensued during which time Councillor Poley suggested that this matter could be tabled pending recommendations from staff with regard to conditions which could be imposed under a Section 39 re-zoning to make this a plausible development and Mr. Winch confirmed that, although the re-zoning could be approved subject to an agreement or resolution pursuant to Section 39, Council would have to decide the conditions or restrictions thereof and that certain criteria would have to be considered such as location and space devoted to the commercial component, outside storage, external appearance, etc. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to reclassify a parcel of land containing approximately 1 acre with a frontage of 225 ft. on Albert Street being part of the land identified as L.R.I.S. Number 380410 located as shown on the submitted sketch between Shamrock Park and two three-storey apartment buildings on Newman Street, from Medium Density Residential to Commercial classification, be read a first time. Question being taken, the motion was lost with Councillors Davis, Flewwelling, Murray, Schermerhorn, A. Vincent and M. Vincent voting "nay". On motion of Councillor M. Vincent ~~c9nded by Councillor Knibb RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The, Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A of the Municipal Development Plan tc redesignate a lot at 325 Lancaster Avenue (L.R.I.S. Number 35295), with a frontage of 123 feet on Lancaster Avenue and a depth of 383 feet, from Medium Density Residential to District Centre Commercial classification, and (b) re- zoning the same lot from "R-IB" One-Family Residential to "B_2" General Business classification, to permit the conversion of the existing building to "Bed and Breakfast" operation, as requested by Constance and Daniel O'Reilly, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the property situated at 325 Lancaster Avenue be redesignated in the Municipal Plan from Medium Density Residential to District Centre Commercial classification and be re-zoned from "R-IB" One:"Family Residential to "B-2" General Business classification, subject to the developer and City entering into an agreement pursuant to Section 39 of the Community Planning Act, which will provide amongst other matters for the following:- (1) (a) the property to be used for a hotel and restaurant; (b) the retention of the residential character of the building to be demonstrated by the submission of plans indicating changes to and/or preservation of interior and exterior features of the building and site, including signs, to be approved by the Deputy Commissioner of Community Planning; (c) the submission of a site plan including parking spaces that are satisfactorily laid out and which will meet the requirements for the number of guest rooms, restaurant, etc.; and (2) that third readings of the by-laws to amend the Municipal Plan and re-zone the property not be given until the agreement is executed. Mr. Hodges Hamm, speaking in favour of the above-proposed amendments, advised that he is representing both Mr. and Mr,s. O'Reilly and Mr. C. Reynolds, the purchaser who is buying this property for the purpose of the proposed "Bed and Breakfast" operation. Mr. Hamm, replying to Council queries, confirmed that the parties concerned concur with the Section 39 re-zoning and explained that the proposed business would involve an eight-room operation for overnight accommodation and it would not offer either a bar or a dining room and advised that, although the purchaser is not interested in pursuing a restaurant at the present time, he may wish to provide such service in the future, Mr. Hamm also explained that the proposed business is similar to that of a tourist home and added that, due to the historic nature of the building, the owner and Heritage Trust would like it to remain intact. Mr. Hamm confirmed that it is the intent of the purchaser to reside in the premises and added that the "Bed and Breakfast" operation is unique to Saint John and that such operations are popular in other areas, such as Nova Scotia and the New England States. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a lot at 325 Lancaster Avenue (L.R.I.S. Number 35295), with a frontage of 123 feet on Lancaster Avenue and a depth of 383 feet, from Medium Density Residential to District Centre Commercial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Knibb . I 1 . 1 . 1 1 Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a lot at 325 Lancaster . Avenue (L.R.I.S. Number 35295), with a frontage of 123 feet on Lancaster Avenue and a depth of 383 feet, from Medium Density Residential to District Centre Commercial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". .... I"" ~41i Question being taken, the motion was carried. On motion of Councillor Khibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a lot at 325 Lancaster Avenue (L.R.I.S. Number 35295), with a frontage of 123 feet on Lancaster Avenue and a depth of 383 feet, from "R-IB" One-Family Residential to "B-2" General Business classification, subject to the developer and the City entering into an agreement pursuant to Section 39 of the Community Planning Act in accordance with the recommendatio~ of the Planning Advisory Committee, be read a first time. 1 Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a lot at 325 Lancaster Avenue (L.R.I.S. Number 35295), with a frontage of 123 feet on Lancaster Avenue and a depth of 383 feet, from "R-IB" One-Family Residential to "B-2" General Business classification, subject to the developer and the City entering into an agreement pursuant to Section 39 of the Community Planning Act in accordance with the recommendation of the Planning Advisory Committee, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Poley RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed: AND FURTHER that as ,recommended by the Planning Advisroy Committee, third readings of the by- laws to amend the Municipal Plan and re-zone the above property not be given until the agreement is executed. Question being taken, the motion was carried. . Mrs. Heather Erb Campbell, Chairperson of the Emergency AdVisory Committee, addressed Council and requested Council's consideration of the following recorr~endations of this Committee:- (1) because the sooner advanced life support is administered to a cardiac arrest victim in conjunction with cardiopulmonary resuscitation (CPR), the greater chances of survival, an ambulance should be based in the downtown core of the City, especially during normal working hours when the population is increased as indicated on the submitted charts; (2) that defibrillators be: placed on this ambulance, provided personnel using this equipment receive proper training and regular periodic upgrading and testing and, because the skill of defibrillation requires medical supervision, the appointment of a medical director for the ambulance services be encouraged, such individual to supervase training, maintain quality control and provide ongoing evaluation, etc., and (3) as the Committee recognizes the amount of CPR training that has occurred in the community and is pleased with the benefits this has provided, Common Council is encouraged to issue a statement supporting and encouraging widespread citizen CPR training in Saint John. Mrs. Erb Campbell, referring to the previously-submitted brief, made the following observations:- (1) as a result of the Saint John Police Department changing to a new radio frequency, the Police and Fire Departments now have no means of radio communication which would mean that in the event of disaster they would be unable to communicate and co-ordinate the movement of necessary equipment; (2) because the 911 number is receiving approximately 90% non-emergency calls, an ongoing study is suggested in the utilization of this number, particularly to make the public aware that other telephone numbers are still in use for matters of a non-emergency nature; (3) the City's endorsement of the suggestion to NB Tel that the 1985 telephone directory should accommodate the reflection of alternate numbers to the 911 emergency number which are available for non-emergencies; and (4) Dr. Scharf has initiated defibrillation training for 13 ambulance personnel, however, there is some hesitancy about placing defibillators on ambulances and their use of same. 1 1 Mr. McDermott asked if financing has anything to do with the lack of defibillators in ambulances to which Mrs. Erb Campbell replied that there is a possibility of having this e~uipment donated under a research project involving three areas across Canada. Replying to a query of Councillor Knibb as to a location for a downtown ambulance, Mrs. Erb Campbell advised that the best location would be in conjunction with St. Joseph's Hospital as this hospital presently has communication equipment in its emergency department and also that, if defibillators are eventually placed in ambulances and traiping for personnel is to be improved, such personnel will spend a cons-iderable amount of time working in emergency departments in order to maintain their skills. Councillor M. Vincent, a member of the Emergency Advisory Committee, proposed a motion that the matters ,broached by this Committee should be referred to the appropriate staff and community groups for report to Council within two weeks, which was seconded by Councillor Knibb and subsequently withdrawn upon Councillor A. Vincent's observation that it is the normal procedure to consider such presentations later in the meeting. The Mayor concurred with Councillor A. Vincent in this regard and thanked Mrs. Erb Campbell for her presentation to Council. 1 Consideration was given to a petition from area residents regarding the proposed physiotherapy practice at 146 Mount Pleasant Avenue, which was considered at Council's meeting of November 19, 1984, expressing opposition to the application and use of this property for such purpose on the grounds that there is insufficient parking and that any additional parking on the street will create a hazard and requesting a stay of proceedings for two weeks and to be apprised of the particulars of the application so that they can study same and present their viewpoints. Councillor Flewwelling noted the presence in the Council Chamber of Mrs. Judith Willis, a resident of the above area, and suggested that she be invited to address Council at this time. . On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that Mrs. Judith Willis be invited to address Council at this time. Question being taken, the motion was carried. .... 5~2 ~ The Mayor advised Mrs. Willis that, following several meetings during the week of November 19 on the subject property and based on the advice of the Legal Department that a building permit could not be withheld, such permit was issued to Mr. Salmon in order for him to proceed with his proposed physiotherapy practice at 146 Mount Pleasant Avenue North and also that, as was discussed by Council in Committee of the Whole earlier this date, if the applicable section of the Zoning By- Law is considered to be detrimental to certain areas of the City, Council should review same to determine if it should be amended: Mrs. Willis read from a prepared brief (copies of which were distributed to Council members at this time) and addressed the issues of specific parking and traffic problems attendant on the operation of a business at 146 Mbunt Pleasant Avenue and a re-evaluation of single-family residential zoning in general and with regard to the former, elaborated on same and suggested that any proposed changes to the exterior of this property with respect to a parking zone be forestalled until a combined meeting can be arranged between the concerned parties, the owners and the appropriate branch of City staff. Referring to the latter issue, Mrs. Willis expressed the opinion that a home occupation with an obvious commercial use in an "R_lA""residential zone is detri~ental to.the . neighbourhood, leading to its inevitable decline and the gradual exodus of the slngle faml~y unlt to residential zones outside the City and requested that a re-examination of the home occupatlons listed under Section 810 of the Zoning By-Law, subsection. 3(a) be carried out to eliminate those of ommercial nature which engender traffic and proposed an amendment to the effect that a home- ~c~upied business in such a zone should adhere to the following requirements: (1) the residential character of the home should not be disturbed, (2) there be no separate entrance for business and (3) there be no signs indicating the presence of a business. Mrs. Willis expressed concern that a precedent has been set in the neighbourhood which will see a gradual encroachment of business concerns into a single-family residential zone and advised that it is the aim of this group to improve the by-laws in order to provide better protection for residents of such zones and to insist that some form of dialogue be established with the residents of an area before any changes of use can occur. Mrs. Willis added that it is hoped that this presentation will lead to a further discus- sion between this group and City staff on this matter. During ensuing discussion, Councillor Knibb noted the presence in the Council Chamber of Mr. Salmon and the suggestion of Councillor Flewwelling, at Council's last meeting, that no business be permitted to enter a zoned residential area under provisions of the Zoning By-Law until such matter is reported on by staff was broached to which the Mayor noted that, in accordance with the law, it was not possible to withhold such permits. A manner in which public notification could be given of such applications for permits for home occupations was broached as was the matter of parking with respect to the subject physiotherapy practice. Mr. James Graham addressed Council and advised that his property is immediately adjacent to that under discussion and commented on problems experienced with regard to damage to his property and an illegal obstruction, on City land which was constructed by the former property owner and documented in correspondence to the City in 1982. The Mayor asked Mr. Graham to discuss the subject correspondence with Messrs. Winch and Johnson following this meeting and thanked Mr. Graham for his cOlllIDents. ' On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the three recommendations of the Emergency Advisory Committee, as well as its observation with respect to radio communication between the Fire and Police Departments, be referred to the City Manager ,and appropriate staff for a report in two weeks, and further that the matter of the 911 emergency telephone number and inclusion of alternate telephone numbers in the 1985 telephone directory be reported to NB Tel for consideration and input. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. C. W. Stanley, President of the Saint John Family YMCA, advising that the Board of Directors of the YMCA is pleased to once again act as Co-Ordinator for The Great Participaction Challenge -- be received and filed. (Councillor Knibb withdrew from the meeting.) The Mayor noted that Mr. Rolf Spangenberg, Past President of the YMCA, will act as Chair~ man of the above event and that it will take place in May 1985. Question being taken, the motion was carried. On motion of Councillor M. Vincent . 1 1 . 1 . 1 Seconded by Councillor Schermerhorn RESOLVED that the letter from Councillor Vaughan regarding a water runoff problem from land owned by the Provincial Department of Supply and Services which has affected property owned by Mrs. Todd at 14 Oakland Street, advising that, although the said Department has visited the site on two separate occasions within the past month, it does not feel it should exercise responsibility for the runoff, and requesting that the City take the necessary steps to alleviate Mrs. Todd's problem -- be referred to the City Manager for a report and recommendation'l Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that as recommended by the City Manager, be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November 15-21, 1984 $23,605.77 authority (Councillor Knibb re-entered the meeting.) . ~ ,.. &~~ . 1 I . 1 . I 1 . ~ The Mayor asked that staff take action to remedy a problem on Simpson Drive where manholes were paved over and subsequently uncovered resulting in indentions on the surface which could result in an accident. ~uestion being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the statement of payments made during the month of October 1984 be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, the low tender, as submitted by Paul's Trucking & Demolition Co. Ltd., in the amount of $5,050.00, be accepted for the demolition of two City incinerators complete with block superstructure buildings located at the end of Pokiok Road beside R & R Welding. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding Council's request at its meeting of November 19, 1984 for a report on what was received from Slattery Management & Realty (1978) Ltd. at the time the City purchased the Grandview Avenue works garage, advising that staff reports that the City purchased the land and building only and that the appraised value of the land was $160,000.00 with the building valued at $258,000.00 for a total of $418,000.00, and also advising that no paintings were included in this sale when the land and building were purchased -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the matters referred to in the presentation by ~trs. J. Willis on behalf of residents of the Mount Pleasant Avenue area be referred to the City Manager and appropriate staff for a report to Council. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager regarding the memorandum from the Provincial-Municipal Council Inc. with respect to the use of floodlighting equipment at railway crossings where no safety or lighting equipment presently exists, which was considered at Council.'s last meeting; expressing the opinion that, while the proposed policy would be beneficial in unlighted rural areas, it would have limited application in the City of Saint John where many level crossings are protected by crossing signals and there is normally an adequate level of street lighting to illuminiate any type of railway equipment that is standing on or passing over unprotected crossings and further that, although such policy should not be permitted to alter the present warrants for automatic signal protection, the general concept should be favoured as it will make unlighted level crossings safer for the public at large -- be received and filed and a copy forwarded to Mr. Henry LeBlanc, Executive Director of the Provincial-Municipal Council Jnc. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding a flooding problem on property owned by Mr. A. Kelly at 28 Rockcliff Street, which was considered by Council on October 15, 1984 with a further letter having been received from Mr. Kelly in this regard in the interim; advising that staff has checked the elevations in this area to ensure that the solution recommended would not create problems for adjacent properties on McLeod Street following which the installation of a catch basin on McLeod Street was proceeded with which will be completed during the week ending November 30 and will prevent water from City streets from flowing onto Mr. Kelly's property -- be received and filed and Mr. Kelly be so advised. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the tender of LeClair Equipment Ltd., at a total cost of $67,230.00 plus Provincial sales tax, be accepted for supplying 2 Olympia SE Ice Resurfacers. Mr. Brownell, replying to Council ~ueries, advised that the two ice resurfacing machines to be replaced are old, in poor repair and will be put up for sale in the equipment auction, and explained that, although the above company was the highest of the three tenderers, it is being recommended for several reasons, including dissatisfaction of six other municipalities with the operation of the Icemaster SP model and the fact that the engine of the Olympia is a 305 GM which is the same as engines in many of the City's other vehicles which means that an inventory of parts can be maintained and also that mechanical staff is familiar with same, and he added that an anticipated saving of $14,000.00 over the 10-year service expected from the Olympia model should result from labour costs alone. Councillor Murray asked that staff inspect the ice resurfacer used at the Lord Beaverbrook Rink as it generates twice the noise of other machines and Mr. Brownell replied that, although the City maintains the equipment at the Lord Beaverbrook Rink when requested, it is operated by the Rink which does not come directly under the City's jurisdiction. Mr. Brownell, replying to a query of Councillor Flewwelling, advised that, although staff has no strong opposition to the Zamboni model which is a less-expensive machine, it is considered more feasible maintenance-wise to purchase the Olympia model thereby making it possible to maintain an inventory of parts and he confirmed that there is only one of the former models in use at the present time. 5,~~ ~ (Councillor M. Vincent withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillor Flewwelling voting "nay". 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 begs leave to report that it sat on Monday, November 19, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, a parking area be constructed, at an estimated cost of $9,000.00, on the property between the City Hall parking garage and the retaining wall and the aquatic center at the north end of City Hall, such area to provide an additional 14 parking spaces with the provision that during the month of August 1985 parking thereon shall be reserved for use by the aquatic center. 2. That the proposed Building By-Law, which received first and second readings at the meeting of Common Council held on November 13th, 1984, be amended by deleting therefrom Section 4.4, which reads as follows: "The Building Inspector, and the Deputy Building Inspector, shall be either a professional engineer or a professional architect who has been registered to practice their profession in the Province of New Brunswick". November 26, 1984, Saint John, N. B. Respectfully submitted, Elsie E. Wayne, C h air ill a ll. (sgd.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the Common Council resolution of October 1, 1984 which directed the City Solicitor to seek enabling legislation whereby a member of the Saint John Parking Commission can be appointed as an ex officio member of the Planning Advisory Committee, expressing the opinion that such action by Council is not appropriate for the following reasons: (1) the Saint John Parking Commission Act reQuires that one of its members be ex officio from the Planning Commission and that a Planning Advisory Committee member has been appointed to the Parking Commission with his function being to liaise between the two groups; (2) both the Planning Advisory Committee and Parking Commission have full-time staff and they are in continual contact with each other with the Parking Commission receiving this Committee's agendas and the opportunity to comment on matters that are considered and, on particular issues, the suggestions of the Parking Commission are solicited and (3) appointees to the Planning Advisory Committee are not intended to reflect a particular point of view or represent a special agency, group or interest with Committee recommendations made by balancing the various considerations placed before it, therefore, such outlook is not possible if one or more members were appointed as representatives of particular groups; suggesting that the appointment of a member of the Parking Commission could result in other groups requesting appointment to the Planning Advisory Committee which would be most unfortunate for the reasons as stated and requesting Council to reconsider its decision of October 1, 1984. On motion of Councillor Poley Seconded by Councillor Knibb RESOLVED that Common Council rescind its motion of October 1, 1984 directing the City Solicitor to seek enabling legislation to provide for a member of the Saint John Parking Commission to be an ex officio member of the Planning Advisory Committee. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Read a letter from the Planning Advisory Committee advising that this Committee recently reviewed the City's current policy pertaining to temporary mobile homes, submitting copies of staff reports prepared in 1980 and 1981 in this regard and suggesting that the present policy of temporary approvals by Council should be terminated and all proposals be considered under the Zoning By-Law. The letter submits recommendations for Council's consideration. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that as recommended by the Planning Advisory Committee, Council take the following action: (1) establish the policy of permitting mobile homes only in mobile home parks and in the areas already zoned for mobile homes on either a permanent or temporary basis; (2) establish a general policy that any further applications, renewals, en~uiries, etc., . , respecting temporary mobile homes be dealt 'with as routine development proposals under the Zoning By-Law; (3) if Council wishes to give permanent status to its previous temporary approvals, this be done by re-zoning the sites which contain the mobile homes, if the conditions so warrant and upon application by the property owner; (4) repeal Section 27 of the Mobile Home Parks By-Law which deals with the temporary location of a mobile home; and (5) amend Section 820(2) of the Zoning By- Law so this Section does not apply to mobile homes previously permitted by Council on a temporary basis pursuant to the Municipalities Act. . I 1 . 1 . 1 1 . ~ ,.. ,~Hi5 Councillor Knibb expressed opposition to the above motion on the basis that the Planning Advisory Committee may tend to overlook the individual needs of the citizens and that it should be left to Council's discretion to make such decisions. . Question being taken, the motion was lost with Councillors Flewwelling, Knibb, Murray, A. Vincent and M. Vincent voting "nay". On motion of Councillor 'Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above letter from the Planning Advisory Committee be received and filed. 1 Question being taken, the motion was carried. 1 Read a letter from the Planning Advisory Committee regarding the matter of street names in the Church Avenue area, which was considered by Council on October 29, 1984 as a result of a letter received from Mr. Louis E. Murphy, M.L.A., recommending that (1) the name "Greenhead Road" be extended to the new road and overpass; (2) that the portion of Church Avenue between the overpass and Greenhead Road be renamed "Gifford Road", Gifford being the surname of the children who lost their lives in a fire in the area; and (3) that a suitable plaque be erected in recognition of Mr. Louis Murphy's contribution in bringing about the construction of the overpass. Councillor Knibb proposed a motion, which was not seconded, that the above recommendation be adopted. On motion of Councillor Flewwelling . Seconded by Councillor A. Vincent RESOLVED that with regard to new street names in the Church Avenue area as a result of construction of the overpass, the name "Greenhead Road" be extended to the new road which runs from Dever Road, crosses the rail line and merges with the present Greenhead Road; that the portion of Church Avenue between the overpass and Greenhead Road be re-named "Gifford Road"; and that the overpass structure be named the "Louis E. Murphy Overpass" and that a suitable plaque be erected in recognition of Mr. Murphy's contribution in bringing about the construction of the overpass. A brief discussion ensued during which time Councillor Poley asked if residents in the area concerned were contacted to determine their views to which Mr. Winch replied in the negative and the matter of inconvenience to residents, as broached in the submitted staff report, was briefly discussed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn 1 RESOLVED that the application of Dr. John E. H. Wait for the re-zoning of property located at 251 and 253 Metcalf Street be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard. Question being taken, the motion was carried. Consideration was given to a letter from Jervis Branch #53 of The Royal Canadian Legion asking that immediate consideration be given to the maintenance and resurfacing of the McAvity Road. A motion was proposed by Councillor Schermerhorn and seconded by Councillor M. Vincent that the above matter be referred to the City Manager for a report and recommendation whereupon Mr. McDermott advised that this matter has been reviewed and that, in accordance with a letter forwarded to this group on November 23, 1984, some repairs will be carried out on this road during the winter. The proposed motion was subsequently withdrawn with the consent of the mover and seconder. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Jervis Bay Branch #53 of The Royal Canadian Legion asking that immediate consideration be given to the maintenance and resurfacing of the McAvity Road -- be received and filed. Question being taken, the motion was carried. 1 At the request of the Mayor, Acting Chief of Police C. Breen read a letter to Council, which was discussed in Committee of the Whole earlier this date, regarding Councillor Flewwelling's expression of concern at Council's meeting of November 19, 1984 with respect to the increasing number of burglaries, particularly on the west side of the City in the Greendale area, advising actions taken to date in this matter, including efforts to form neighbourhood watch programs in all areas of the City, the number of persons before the court as a result of being recently apprehended by the Police, and requesting the co-operation of the citizens in being alert to the on-going problem and to notify to the police any sus- picious activities in their neighbourhoods. 1 The Mayor alluded to statements made by the Saint John Policemen's Protective Association, Local No. 61, S.U.F.E., with respect to the number of police officers on duty in the City on certain nights of the week and noted that, as indicated in a letter from Acting Chief Breen, these figures were incorrect. Acting Chief Breen confirmed that on November 11, 1984, there was a total of 22 Police personnel on duty in the City and he suggested that there appears to have been a lack of communication between management and Local No. 61 with respect to the November 11 Remembrance Day Parade which, in his opinion, is due to the 1983-1984 working agreement with the Cith which indicates that time and a half must be paid to personnel Maintained to look after such events of the day with a lieu day off with pay at a later date to replace the statutory holiday. Acting Chief Breen also suggested that, in future, if Local No. 61 wishes to parade, management should be so notified at a reasonable time before and arrangements can be made for a parade marshal. The Mayor suggested that this matter should be reviewed during contract negotiations. . .... """Ill ,:a~ On motion Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. . Question being taken, the motion was carried. l(h;6rY{YdL,ftF At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the third day of December, A.D. 1984, at 4:00 o'clock p.m. I present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - 1 Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W.D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Recreation and Parks; M. Hanlon, Purchasing Agent; and Miss M. Conley, Administrative Assistant to the Mayor. . The meeting opened with the reciting of The Lord's Prayer. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on November 26, 1984, be approved. Question being taken, the motion was carried. 1 Her Worship the Mayor elaborated on the previously-mentioned plans for the Christmas tree trimming and lighting ceremony to be held on December 6, 1984, as well as on her attendance at the Christmas tree lighting ceremony in Boston, Massachusetts, U.S.A., on December 2, 1984. Her Worship the Mayor referred to Council's discussion at its meeting of November 13, 1984 concerning a system' whereby citizens can contribute to the Red Cross for the starving people in Ethopia and neighbouring communities and advised that there will be a press conference on December 4, 1984 with respect to arrangements which have been made as a result of meetings with the Red Cross which were attended by Councillor Poley. Councillor M. Vincent noted that meetings are currently being held in the City with the New Brunswick Fire Marshal's Office, in conjunction with a number of fire departments throughout the Province and various personnel in the New Brunswick Fire Fighters Training Academy, such persons being mainly involved in fire preventive and investigative work. . (Councillors Murray and A. Vincent entered the meeting during the foregoing remarks.) Consideration was given to a letter from Mayor Wayne submitting for Council's consideration the following proposed schedule of Council meeting dates during the forthcoming holiday season:- Monday, December 10 - 7:00 p.m., Monday, December 17 - 4:00 p.m., Thursday, December 27 - 4:00 p.m. and Monday, January 7,1985 - 7:00 p.m., and noting that, following the January 7 meeting, the regular schedule of alternating between 4:00 p.m. and 7:00 p.m. Council meetings would resume. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the above-proposed schedule of Council meeting dates during the forthcoming holiday season be adopted. Councillor Poley suggested that Council should meet only in open session, with no closed session to be held, on December 27, 1984. Question being taken, the motion was carried. 1 On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that as recommended by the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract CCI #12 - Dock Street Bridge and Link to City Hall Richard and B. A. Ryan (Atlantic) Limited Construction of pedestrian bridge and building Original estimated value of contract . $1,353,450.00 ~ ~ ~~'t " Total work done, Estimate Number 10 (Final) Retention Less previous payments Sum recommended for payment, Progress Estimate Number 10, dated November 23, 1984 Final release of holdback 1,429,319.80 Nil 1,423,929.28 . $ 5,390.52 I Discussion ensued during which time Mr. McDermott advised that the extras concerned were added on the suggestion of the architect who was of the opinion that such additions would result in a better project and noted that the amount of $70,479.28, as indicated on the submitted summary of changes, was previously presented to Council and that change orders number 11 and 30, in the amounts of $4,154.67 and $1,235.85, respectively, represent a different vapour barrier in the exterior walls and structural steel framing for the roof trusses. Councillor Gould noted that an amount of $26,851.10 of the said $75,869.80 is indicated on the submitted summary as being the responsibility of The Rocca Group to which Mr. Armstrong advised that this amount has been billed to Rocca, however, he is uncertain as to whether or not it has been paid by this company. Question being taken, the motion was carried with the Mayor and Councillor Vaughan voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt that as recommended by the City Manager, authority be granted November 22-28, 1984 $19,039.44 Question being taken, the motion was carried. . A brief discussion ensued regarding the Water Street sewer project during which time Mr. Armstrong explained that, although approximately 25% of the project has been completed, this project was delayed approximately two to three weeks because of problems encountered with a ship docked at Pugsley Wharf and the necessary removal of railway tracks and that, with respect to retaining the alternate traffic route which was utilized during this project, it was considered more feasible to cease the said project and repave the section of Water Street concerned in view of the heavy traffic volume in this area, the narrowness of Canterbury Street which was part of the alternate traffic route, and the termination of the hot mix asphalt supply on November 30. Mr. Armstrong added that it is anticipated that this project will resume near the first of March, weather dependent, at which time it is planned to put the same alternate traffic route into effect. The possibility of widening Water Street was broached as was the matter of additional costs, if any, associated with the cessation and resumption of the Water Street sewer project rather than commence this work earlier in an attempt to complete same, the latter to which Mr. Armstrong expressed the opinon that, although an excavation will be necessary to locate the end of the sewer pipe where work ceased, the only anticipated additional cost may be the cost of the hot mix asphalt, which may increase slightly in 1985. On motion of Councillor A. Vincent 1 Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Hilton International Saint John, in the amount of $8,322.76, for services rendered in connection with the Cities of Atlantic Canada meetings held on November 1 to 3, 1984. Councillor Murray asked how often the City would be expected to host the above meetings to which Mr. McDermott replied that such meetings would be held in Saint John once every four years and involve the seven major Atlantic cities. Upon Councillor Knibb's suggestion that, in view of the difficult economic times, caution should be exercised in the quality of receptions hosted by the City, the Mayor replied that Mr. McDermott was responsible for making the arrangements for the above event and asked that, in the future, he consult her in such matters. Question being taken, the motion was carried. On motion of Councillor Murray . Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the bid of Moore Business Forms Ltd., in the amount of $64.03 per M plus taxes, be accepted for supplying 100,000 traffic tickets. Question being taken, the motion was carried. On motion of Councillor Gould 1 Seconded by Councillor Schermerhorn RESOLVED that the joint report from the City Manager and Mr. S. J. Armstrong, City Representative for City Centre Improvements, regarding the request at Council's meeting of November 19, 1984 for information concerning the specification details used for the timber decking on Contract CCI #20, Waterfront Boardwalk - Phase 2 project, submitting a copy of a report from Mr. D. Fletcher, Project Manager of The Rocca Group Market Square Development Limited, which provides the information requested; advising that, to their knowledge, the specification requirement was met and that Project Consultants Limited, which was the designer of the work, had experience in the Halifax, N.S., waterfront restoration and the timber in Question was supplied by Atlantic Pressure Treating Ltd. of Tracy, N.R., be received and filed. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for equipment rental be awarded in accordance with the recommendation contained in the submitted summary. . Mr. Robichaud, replying to a query of Councillor Flevwelling, advised that the equipment listed on the submitted summary is that which the City mayor may not reQuire, however, it is listed in the event that it is needed. Councillor M. Vincent asked which factor, the unacceptability of equipment due to its mechanical condition or equipment not being made available for staff inspection, was the greater insofar as failure to recommend the low tenders is concerned to which Mr. Hanlon replied that the greater factor was the unavailab~lity of equipment for inspection as, of all the equipment inspected, only two did not meet the specifications. ~ 54B ...... The Mayor asked Mr. Robichaud to explain the new system established during the past year for the rental of equipment which, rather than expending in excess of $500,000.00 for rental equipment, provides that City equipment is used before renting equipment to which Mr. Robichaud replied that all equipment requests are made through Mr. M. Smith whose duty it is to ensure that City equipment 4It is fully and efficiently utilized prior to renting any equipment. The Mayor expressed the understanding that, to date in 1984, approximately $20,000.00 has been expended on the rental of equipment compared to an amount well in excess of $500,000.00 in the past few years. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the letter from The Valley Neighbourhood Association and a presentation on behalf of area residents regarding a proposed physiotherapy practice on Mount Pleasant Avenue, which were considered by Council on November 19 and November 26, respectively; advising that staff met with the persons concerned as indicated in the submitted report from the Deputy Commissioner of Community Planning, which concludes that, all things considered, the present provisions pertaining to home occupations are reasonable and the existing restrictions as to size of use and changes to the exterior of a building significantly control the potential non-compatible aspects of the uses -- be received and filed and a copy forwarded to The Valley Neighbourhood Association. I Question being taken the motion was carried. 1 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 report s Your Committee begs leave to report that it sat on Monday, November 26, 1984, when there 4It were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the following recommendations of the Nominating Committee be adopted, namely:- (1) that as recommended by the Saint John Port Development Commission, Common Council establish a policy that the membership of the said Commission include a person employed in a senior position in a steamship company and a person employed in a senior position in a stevedoring contracting firm. (2) that Mr. Frank Doiron and Captain Ivan Malatastenic be appointed to the Saint John Port Development Commission for terms to expire at the annual meeting of the Commission in February 1986. (3) that Mr. G. Peter Heffernan be appointed to the Board of Directors of Saint John Non- Profit Housing Inc. for the unexpired term of Mr. Walter B. Flewelling, who has resigned from the said company. 1 2. That as recommended by the City Manager, the property on Morris Street known as L.R.I.S. Number 415463, and shown hatched on the submitted plan, be sold to Mr. Yvonne St. Coeur under the following terms and conditions:- (a) the purchase price to be $5,000.00; (b) that Mr. St. Coeur be given an option to purchase the property prior to January 31, 1985; (c) that during the option period and as a condition of sale, Mr. St. Coeur will present an acceptable development plan to the City which will include compliance with the requirements of the Engineering and Works Department; and (d) that construction of the building must be completed within two years of the date of transfer or the City may repurchase the property for the sale price; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 3. That as recommended by the City Manager, the tourism and convention unit of City staff be placed under the functional direction of the Tourism Advisory Committee, yet be retained under the administrative authority of the City Manager, such group to operate in the same manner as the Saint John Port Development Commission, as the City's Visitor and Convention Bureau: . AND FURTHER that the necessary legal steps be taken to properly set up the Visitor and Convention Bureau as a separate entity under Provincial legislation. December 3, 1984, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air mall. 1 On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". 1 A motion was proposed by Councillor Gould and seconded by Councillor Schermerhorn that section 2 of the above report be adopted whereupon Councillor Murray suggested that the motion should include the provision that the said development plan is to be submitted to Council by the Planning Branch prior to approval. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the property on Morris Street known as L.R.I.S. Number 415463, and shoWn hatched on the submitted plan, be sold to Mr. Yvonne St. Coeur under the following terms and conditions:- (a) the purchase price to be $5,000.00; (b) that Mr. St. Coeur be given an option to purchase the property prior to January 31, 1985; (c) that during the option period and as a condition of sale, Mr. St. Coeur will present an acceptable development plan to the City which will include compliance with the requirements of the Engineering and Works Department; (d) that construction of the building must be completed within two years of the date of transfer or the City may repurchase the property for the sale price; and (e) that the said development plan to be submitted to Council by the Planning Branch prior to . .... ~ 549 approval; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that section 3 of the above report be adopted. . Councillor Poley expressed the understanding that the Visitor and Convention Bureau is to be under the control of the City Manager administratively until such time as the legislation is in place establishing the Bureau as a separate entity to operate in the same manner as the Parking and Transit, Commissions. Councillor M. Vincent re-iterated, as expressed during discussion in Committee of the Whole, his opposition to the above motion as, although the City Manager clarified verbally the intent, the wording of the subject motion remains the same. The Mayor suggested that, to clarify the motion, the words "similar to the Transit Commission" be added to the second portion thereof. Mr. Rodgers, in reply to a query of Councillor M. Vincent, expressed the understanding that, although the Bureau would be created as a legal entity, City staff concerned would remain as such but would be loaned to that legal entity, and expressed the opinion that the addition of the suggested words would require further study if such a policy decision is to be made because it would represent a complete change of a City department without examining what the obligations are to present City employees. Discussion ensued regarding the staffing of the proposed legal entity and Councillor Poley asked if it is the intent that the City Manager will have no administrative authority over such staff members be they loaned staff or otherwise after the legislation is in place to which Mr. Rodgers suggested that Council should make such decision at this time. The Mayor suggested that an independent Visitor and Convention Bureau mayor may not wish to engage the present City employees concerned to which Mr. Rodgers expressed the opinion that this would not be a unilateral decision for such Bureau to determine which employees would be engaged from the City and that Council should discuss the future of such employees. The Mayor suggested that Council may wish to table this matter, however, discussion continued during which time Councillor A. Vincent expressed the opinion that it is unfair to'compare the situation concerning the establishment of a Visitor and Convention Bureau with that of the TranSIt or Parking Commission as, in the latter cases, no City employees were involved in such a manner and suggested that City employees should be assured that they will be protected in accordance with the Local 486 collective agreement with the City and Councillor Murray concurred that there must be co-ordination through the City Manager's Office and dialogue with Council members and the proposed Bureau in order to ensure that staff will be given positions either in the new Bureau or within the City Hall establishment. The Mayor expressed the understanding that Council would have an opportunity to discuss the proposed legislation prior to submission to the Provincial Legislature to which Mr. Rodgers replied in the affirmative and the Mayor confirmed his understanding that the proposed motion is as stated in the above Committee of the Whole report. I 1 Question being taken, the motion was carried with Councillors Gould and M. Vincent voting "nay". On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the November 1984 report of The Saint John 1985 Canada Summer Games Society, Inc., be received and filed. 1 A brief discussion ensued during which time Councillor Murray, a member of The Saint John 1985 Canada Summer Games Society, Inc., encouraged citizens to offer their voluntary services to this group and Councillor M. Vincent, a member of the said Society, noted that Council is in receipt of complimentary letters with respect to the recent "Sell Your City" event in Toronto, Ontario, a number of which made direct references to the 1985 Canada Summer Games, and he suggested that copies of same shoUld be forwarded to the Society. Councillor Vaughan noted that the official opening of the Aquatic Center is scheduled for January 17, 1985 and commended Mr. T. Bryce, General Manager of the Aquatic Center, for his efforts to date. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the letter from the Public Education Committee of the New Brunswick Division of the Canadian Cancer Society regarding the pro-health stand taken by various public bodies in New Brunswick concerning smoking, noting that Common Council was among those taking such a stand and offering its full moral support to Council in this regard -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Gould RESOLVED that the letter from Heritage Trust of Nova Scotia regarding its visit to Saint John in October 1984 at which time it viewed the City's heritage buildings, advising that it is impressed by the work of Saint John's heritage group and hopes that this group will receive support in its efforts to help preserve as much of Saint John's heritage as possible -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Murray RESOLVED that the letter from ~IT. James H. Graham confirming his remarks to Common Council at its meeting of November 26, 1984 concerning the sale and use of 146 Mount Pleasant Avenue for a physiotherapy practice -- be received and filed. The Mayor advised that a letter was received earlier this date from Mr. Moseley, the former owner of the above property, which will be placed on the next Council agenda for discussion. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from Acadia Contractors Ltd. advising of its joint proposal with Fulton Surveys Ltd. to construct a two-storey office building at 53-55 Carleton Street, ~ ~ 550 which will require the use of the undeveloped portion of Peel Street in order to gain access to parking at the rear of the proposed building, and requesting that this portion of Peel Street be closed in order that this property can be purchased -- be referred to the City Manager for a report and recommendation. . Question being taken, the motion waS carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the notice from the Liquor Licensing Board advising that the application of M & A Ventures Ltd. for a beverage room license, with respect to premises at the Shoppes of City Hall, 15 Market Square, will be heard on December 7, 1984 -- be received and filed. Question being taken, the motion waS carried. 1 Councillor A. Vincent commented on his attendance at the annual dinner of the Saint John Salvage Corps & Fire Police on November 30, 1984 at which time he presented an Honour Certificate to Mr. Herbert Boyd in recognition of 25 years of service to the Corps. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. 1 Question being taken, the motion was carried. . At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the tenth day of December, A.D. 1984, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W.D'. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; C. E.Nicolle, Director of Recreation and Parks; Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations; and Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Colin Benner of the Christian Alliance Church offered the opening prayer. On motion of Councillor Flewwelling . held on December 3, 1984, be approved. Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, Question being taken, the motion was carried. Her Worship the Mayor expressed appreciation to those who participated and donated to the fund-raising campaign held on December 7, 1984, such campaign being conducted by the City of Saint John and the Red Cross with the proceeds to be donated to assist the starving people in Ethopia and neighbouring communities. The Mayor commended the Canadian Coast Guard for the placement of a tree trimmed with Christmas lights at the Department of Transport Wharf, and expressed appreciation to the Irvings on their contribution earlier this date of $300,000.00 to the 1985 Canada Summer Games. The Mayor noted that Council's 1984 Christmas card displays a picture taken from a painting by Mr. Don Wilson, a member of the City's'Planning Branch and thanked Mr. Wilson in this regard. Her Worship the Mayor commented on the Christmas tree trimming and lighting ceremony held on December 6, 1984 and thanked those concerned for their participation in same. 1 Councillor Poley suggested that a letter from The Saint John Law Society to the Mayor (copies of which were forwarded to Council members as an information item) concerning the possible relocation of two government offices from Saint John to Fredericton, be added to the agenda for consideration at this meeting. ' 1 On motion of Councillor Poley Seconded by Councillor M. Vincent RESOLVED that the above matter be added to the agenda for consideration at this meeting. Question being taken, ,the motion was carried. . Councillor A. Vincent asked that the following two items (copies of to Council members as information items), one being a letter from Mr. Herbert appreciation for the Honour Certificate in recognition of his 25 years on the which were forwarded F. Boyd expressing Saint John Salvage ~ ,... .551 Corps & Fire Police, the other being a letter from The Honourable Omer Leger, Minister of Tourism New Brunswick, regarding the recent Sell Your City event in Toronto, Ontario, be added to the agenda for consideration at this meeting. . On motion of Councillor A. Vincent Seconded by Councillor Knibb RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. .Question being taken, the motion was carried. 1 Her Worship the Mayor read a poem written by Mr. Al Evans regarding the "fund-raising campaign for Ethopia. (Councillor Poley withdrew from the meeting.) 1 The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to permit fascia signs on the rear and sides, as well as fronts, of buildings in liB-I" Local Business and "B-2 General Business classifications with other provisions of the By-Law to continue to control the types, sizes and locations of signs, and that no written objections were received in this regard, with a letter of support having been received from Studio '84 Ltd. No persons were present with regard to the proposed amendment. Consideration was also given to a previous letter from the Planning Advisory Committee recommending that the Zoning By-Law be amended to delete the words "on the front of the building" from Section 840(3)(b) and (c). On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John by deleting the words "on the front of the building" from Section 840(3)(b) and (c), be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John by deleting the words "on the front of the building" from Section 840(3) (b) and (c), be read a second time. I Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the correspondence regarding the above-proposed amendment be received and filed. Question being taken, the motion was carried. (Councillor Poley re-entered the meeting.) . The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law amendment to re-zone a parcel of land located between Loch Lomond Road and Latimer Lake Road and approximately 400 feet to the east of the Likely Road, as shown on the submitted map and identified as L.R.I.S. Number 421636, from "RS-l" One- and Two-Family Suburban Residential to "RF" Rural, to permit the property to be used for a gravel pit operation, as requested by Debly Construction Ltd., and that no written objections were received in this regard. I Consideration was given to a letter from the Planning Advisory Committee advising that, although the above application was reviewed at its most recent meeting, additional information is required in order to make a recommendation and requesting that Council postpone its decision until such time as the Planning Advisory Committee's decision has been received. I Mr. Philip Nelson of Loch Lomond Road appeared before Council and advised that, although he is not directly opposed to the proposed re-zoning, he objects to the use of the rights-of-way to the subject property from both Loch Lomond Road and Grandview Avenue/Latimer Lake area as he is the owner of the property over which the said rights-of-way cross and he has given no approval for the use of such rights-of-way. Mr. Nelson advised that he has no objection to the use of the right-of-way in the former Snodgrass Road area and suggested that the City could permit use of the Pipeline Road and also advised that, as a representative of the neighbourhoo residents, he objects to the idea of trucks travelling in the area which could result in devaluation of the property therein. . The Mayor asked Mr. Nelson if he has discussed his objection with Planning staff to which Mr. Nelson replied that he has corresponded with the City in this regard and received a letter to the effect that access to the subject site i's proposed by a right-of-way from Likely Road across other properties and noted that, both Likely and Pipeline Roads are listed as private roads, however, he controls the majority of both. Mr. Nelson also noted that the right-of-way is to cross four privately-owned properties between Loch Lomond Road and Latimer Lake, therefore the right-of-way proposed crosses over a 30 foot section of his property also and there is no obligation, at this time, to allow such travel over this property and there is a clear right-of- way shown on the applicant's proposed site plan. Mr. Nelson clarified that the alternate access to the subject site, to which he referred in his address, is shown as reserve road on the plan, however, it was formerly the Snodgrass Road. Mr. Raymond Debly of Debly Construction Ltd. addressed Council in support of his application for re- zoning and expressed the opinion that the subject site is an ideal location for a gravel pit as there are no dwellings within 2,000 to 3,000 feet of the site, large excavations have been made thereon over the years and that this property would be improved by his company's excavation and levelling as it would prepare it for development. Mr. Debly advised that his company has two registered right-of-ways and it is not the intention .... 5$2 ", of trespassing over personal property and also advised that his company has two trucks and would like to utilize the exit to Loch Lomond Road if there is a market in that area and utilize the Latimer Lake exit, to which this company has a registered right-of-way, when feasible to work in that area. Mr. Debly requested Council's approval of the proposed re-zoning. During ensuing discussion Mr. Debly expressed the opinion that, rather than utilize the former Snodgrass Road, it would be preferable to use the Likely Road as there are two residences on the former road while there is only one dwelling at the end of the Likely Road and noted that Mr. Nelson's property is fenced and that it is not the intent of the said company to trespass on his property. Mr. Debly added that, with respect to truck traffic in this area and although it may be necessary to utilize additional trucks, his company will do well to employ its two trucks on an eight- hour basis two or three days of the week. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table pending a report from the Planning Advisory Committee. Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the above correspondence be received and filed. Question being taken, the motion was carried. . I I The Common Clerk advised that the necessary advertising was completed with respect to enacting a Business Improvement Area By-Law to designate as a business improvement area, under the Business Improvement Areas Act, the area bounded by the northern side of Union Street from the water to George Street, along the rear of those lots that are situated along the north side of Union to Sydney Streets, along the western side of Sydney Street to Princess Street, along the northern side of . Princess Street to the water, and that letters were received from Caton Developments Limited, McMillan Press Limited, Flewwelling Press Limited, Mr. James W. Baker, Brunswick Square and NB Tel in this regard. Consideration was also given to a letter from the City Solicitor noting that Council is now in a position to enact the above By-Law following which Council will be required to further advertise the contents and other items as indicated in the budget petition of the Saint John Central Business Development Corporation, which is to be considered later in this meeting; however, before Council can take action in this regard, the business improvement area must be designated which means that, for Council to deal with the budget at this meeting, it will be necessary to give three readings to the said By-Law and also noting that third reading can be given at the same meeting as the first and second readings should Council unanimously agree to do so. Her Worship the Mayor noted the presence in the Council Chamber of Mr. Ronald Neatham, President of the Saint John Central Business Development Corporation, and asked that he address Council in this regard. Mr. Neatham, replying to a query of the Mayor, advised that he has had an opportunity to discuss the above matter with the above-noted companies which submitted letters in this regard and noted the presence in the Council Chamber of Mr. Brent Samson of NBTel, who will speak on behalf of this company. Mr. Neatham advised that, in accordance with the terms of the subject By-Law, there are inadequate objections to represent the required number to prevent Council from considering the By-Law, however, he would request that Mr. Sansom address the letter from NBTel. Mr. Brent Sansom, District Manager of NBTel in Saint John, addressed Council and, referring to the above-mentioned letter, advised that he would prefer, if there are any concerns with regard to the contents of same, to respond to such concerns rather than restate the contents of the subject letter. Councillor Knibb asked if NBTel is indicating that, although it does not like the idea of extra taxation, if such taxation is worthwhile, NBTel is willing to tolerate same to which Mr. Sansom replied that that would summarize generally NBTel's position and added that the concern would be with regard to any tax to the nature being proposed by the Business Improvement Area By-Law being perceived as a discriminato~y,nature, one based, not on the general level of taxation throughout the municipality, but levied on a specific area within the municipality. Mr. Sansom suggested that the intent of the subject letter, in terms of NBTel's position in supporting the proposed business improvement area in the induction of a levy, is that such levy should be a tax which has a cap of $5,000.00: Mr. Sansom expressed the understanding that the said letter was being construed as opposing the introduction of the business improvement area and re-iterated that, with regard to the proposed levy, NBTel's concern is with respect to the levy and that NBTel would be more than willing to participate to the extent of $5,000.00. Mr. Neatham, replying to a query of the Mayor, explained that, under the terms of the Business Improvement Areas Act, there is a ceiling of $5,000.00 on anyone tenant or landowner, which is also translatable into 5% of the budget generated under the levy. The Mayor asked if NBTel is in favour of the business improvement area if there is a ceiling of $5,000.00 on the levy to which Mr. Sansom replied in the affirmative. Discussion ensued during which time Mr. Sansom confirmed that NBTel's letter is not an expression of objection but is an expression of its position and Mr. Neatham explained the method of determining the levy amount for those concerned in the proposed business improvement area. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by'-law entitled, "By-Law Number B.I02 Business Improvement Area By-Law", be read a first time. Read a first time the by-law entitled, "By-Law Number B.I02 Business Improvement Area By- Law. Question being taken, the motion was carried. II . I I . I ~ ,.. %p5~ On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number B.I02 Business Improvement Area By-Lawn, be read a second time. Read a second time the by-law entitled, "By-Law Number B.I02 Business Improvement Area By-Law". Question being taken, he motion was carried. On motion of Councillor Gould I Seconded by Councillor Knibb RESOLVED that a state of emergency be declared to exist and that consider- ation be given to third reading of the above by-law at this meeting. Question being taken, the motion was lost with Councillor A. Vincent voting ffnayff, the unanimous vote of all Council members present being required pursuant to section 12(2) of the Municipalities Act. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above matter be received and filed. Question being taken, the motion was carried. . Public presentation was made of a proposed amendment to the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, to reclassify a parcel of land located at 124 Victoria Street (L.R.I.S. Number 379651), containing approximately 3,400 sq.ft. with a frontage of 34 feet on the southern side of Victoria Street, from Medium Density Residential to Light Industrial classification, to provide for the re-zoning of the parcel from "RM-l" Multiple Residential to "I-I" Light Industrial classification, to permit the ground floor of the existing building to be used as an office and warehouse for the buying and selling of toys or for manufacturing operations, as requested by Mr. Daniel Lavigne. On motion of Councillor Gould Seconded by Councillor Murray RESOLVED that the letter from the Mayor regarding the letter from Saint John College Development Incorporated concerning funding for a student centre, which was discussed by Council at its meeting of November 13, 1984, submitting copies of correspondence between her and Dr. Thomas J. Condon, Vice-President of the University of New Brunswick - Saint John Campus, in this regard -- be received and filed and a copy be forwarded to Dr. H. M. Watts, President of Saint John College Development Incorporated. I The Mayor noted that there is a letter from Saint John College Development Incorporated to be considered at this meeting, such letter indicating that funds are available for the student centre and discussion ensued during which time Deputy Mayor Davis commented on a recent newspaper article regarding a study which was carried out recently concerning the future of the University of New Brunswick in Saint John. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John College Development Incorporated referring to its letter considered by Council on November 13, 1984 concerning funding for a student building at the Saint John Campus of the University of New Brunswick, advising that the proposed fund-raising campaign for this building is no longer necessary as a reallocation of funding was approved by the Provincial Government to enable the Saint john building to be constructed without delay, and suggesting that Common Council write a letter of appreciation to both the Provincial Government and the Board of Governors of the University of New Brunswick in Fredericton for their positive action in reallocating the required $1.9 million to UNBSJ which will enable the student centre to be built -- be received and filed. . Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent requesting from the Acting Chief of Police and/or the City Manager an answer, such answer to be provided and made available at an open session of Common Council, to the following question: what services, gratuitous or on a fee-for-service basis, have been supplied to the City through the Police Department and/or the City Manager by Commercial Investigations & Consultants Ltd. (Mr. Kenneth Taylor) for the year of October 1983 to October 1984? I On motion of Councillor A. Vincent Seconded by Councillor Murray RESOLVED that the above-requested information be supplied to Council in writing. . Councillor Schermehorn expressed opposition to the above motion on the basis that, in his opinion, what the Police Department does is its own business and the less he knows of same, the better. Councillor Knibb concurred with Councillor Schermerhorn in this regard and suggested that, unless something is very wrong in the City, Councillor A. Vincent in his supposed concern about democratic procedure is, in fact, hampering same by asking for information which Council should neither have nor require. Councillor M. Vincent expressed the opinion that Councillor A. Vincent is entitled to a response to his query providing such response, in the opinion of the Acting Chief of Police, does not interfere with either the past or present of the Police Department. Councillor Gould expressed the understanding that Council approved all invoices in this regard to which the Mayor replied in the affirmative and asked the City Manager if there are any outstanding invoices. Mr. McDermott replied that the last invoice was received on September 24, 1983. Councillor A. Vincent advised that his intent is not to interfere with the Police Department and re-iterated his request for a written reply to his query. Acting Chief of Police C. Breen, replying to a query of Councillor M. Vincent, advised that, during his tenure as Acting Chief of Police, he has not had occasion to hire Mr. Taylor for any business of the Police Department nor has Mr. Taylor ever done anything gratuitously and added that he can only speak for the period of time he has been acting as Chief of Police and is unaware of occurrences prior to that time. In reply to a query of Councillor M. Vincent, Mr. McDermott re-iterated that the last invoice from the subject company was on September 24, 1983 in the amount of $4,676.78 and authorized by Council for payment on October 3, 1983. Councillor Gould asked if it is illegal for the Police Department to hire such an agency as that named above to which Mr. Rodgers replied that the Police Act discourages police 1 ll.... 554 ~ investigations in any way that are conducted by private investigators as opposed to regular police officers performing same and that it is not an accepted practice anywhere. Councillor Poley advised that, in attempting to balance the public's right to know about this matter with the unquestioned legal right of the Police Department to undertake investigations within the law as it sees fit, he is concerned that the operation of the Police Department does not become in any way fettered or restricted within the law by the interference of elected officials at any level and, in his opinion, if an individual has a complaint or concern over the method of operation of the Police Department, such concern should be taken to the appropriate Provincial authority and not be expressed in the public forum. Deputy Mayor Davis asked if he is correct in his understanding that no amount was paid to the subject firm during the period October 1983 to October 1984 to which the Mayor and City Manager replied in the affirmative. Question being taken, the motion was lost with the Mayor and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn and Vaughan voting "nay". Consideration was given to a letter from The Saint John Law Society regarding an attempt by the Provincial Government to remove two government offices from Saint John to Fredericton, such offices being the Corporation Securities Registration Act and the Securities Frauds Prevention Act at 110 Charlotte Street, submitting a copy of a resolution adopted by the Society in this regard following its obtaining a commitment from the Acting Minister of Justice, The Honourable J. Baxter, that such matter would not proceed at this time and requesting, as only the strongest action possible at the political level will be successful in having the decision reversed, Council to render whatever assistance it can in this regard. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that Common Council support the submitted resolution of The Saint John Law Society regarding the above matter and that Council meet with the local Members of the Legislative Assembly concerning this matter. The Mayor advised that, based on her discussion with The Honourable Mr. Baxter on December 7, this matter is pending and that it was not his intent that such offices be relocated but that the intent is to change their jurisdiction from the Department of Transportation to the Department of Justice. Question being taken, the motion was carried. On motion of Councillor A. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Herbert F. Boyd expressing appreciation for the Honour Certificate presented tohim on the occasion of his 25th anniversary as a member of the Saint John Salvage Corps & Fire Police -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from The Honourable Omer Leger, Minister of Tourism New Brunswick, expressing the opinion that the recent Sell Your City event in Toronto, Ontario will have beneficial effect on future attitudes of businessmen, tourists and future investors in New Brunswick, be received and filed. Councillor A. Vincent asked that the Mayor arrange to meet with The Honourable Mr. Leger and the Federal Minister of Tourism with respect to funding to which the Mayor replied that this matter is being looked into. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Stephen Paving (1982) Ltd. - supply of asphalt November 29 & 30,1984 $17,953.29 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Canada Gunite Ltd., in the amount of $7,760.71, for repairs to the storage tank in the Spruce Lake Industrial Park. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construct~on progress certificates, namely:- 1. Shamrock Park Sportsfield Maritime Sod Ltd. Upgrade, drainage and landscape Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 28, 1984 Final holdback release $ 75,697.00 70,962.00 Nil 60,317.70 $ 10,644.30 . I I . I . I I . ~ JIll"'" !,;r' >;(, i!r0\l"" . I I . I . I I . ... 2. Champlain Heights School Little League Field Maritime Sod Ltd. Landscaping Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated November 28, 1984 Final holdback release $ 27,455.00 25,455.00 Nil 21,636.75 $ 3,818.25 3. Chain Link Fencing - 1983 Fundy Fencing Limited Fencing at various sites Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 5, dated December 5, 1984 Final holdback release $ 1,358.54 $ 46,494.84 45,284.55 Nil 43,926.01 4. Shamrock Park Reconstruction Que-Mar Construction (Maritimes) Ltd. Supply and install approximately 1031' of 10", 12", 15" and 30" sewer pipe, 1368' of 4" drain tile, 202' of 2" copper pipe, underground electrical and associated work and regrading of 400 meter track Original estimated value of contract Total work done, Estimate Number 6 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 6, dated November 19, 1984 Final holdback release. $ 203.48 $142,509.00 139,224.48 Nil 139,021.00 5. Church Avenue Grade Separation The New Brunswick Telephone Co. Ltd. Relocation of utilities Original estimated value of contract Total work done, Estimate Number 1 (Final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 1, dated December 3, 1984 $ 14,000.00 13,880.00 Nil Nil $ 13,880.00 The Mayor advised that it may be necessary to increase security on the Canada Games venues during the winter months and suggested that, if this is necessary, staff should discuss this matter with Council. Question being taken, the motion was carried. On motion of Co~ cillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender for the supply of concrete water and sewerage materials for the period December 1, 1984 until November 30, 1985 be awarded in accordance with the recommendation contained in the submitted bid summary. Question being taken, the motion was carried. Read a letter from the City Manager submitting a copy of a report from the Commissioner of Finance regarding the 1985 Operating Budget of the Water and Sewerage utility, such budget including a provision for a 5% increase in the water and sewerage rates. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that the estimates of revenue for the Water and Sewerage Utility for the year 1985 in the amount of $11,575,900.00 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. The Mayor noted that there was no increase in the water and sewerage rate in 1984 and, at her request, Mr. Wilson explained that increased costs are being experienced in operating this utility which are not offset by any new revenue, such revenue generated by new customers or increased consumption from existing meter customers and, over the past few years, a trend has been noted where the number of customers is actually decreasing and the consumption by meter customers is remaining stable at best, therefore, the only method to ac~uire the required revenue is to increase the rates. Mr. Wilson added that, even on this basis, a deficit is being budgeted in the utility with the anticipated 1984 surplus to be utilized in 1985 and in subsequent years and that the proposed 5% increase will represent an annual increase of $8.40 to flat-rate customers. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the estimate of expenditures for the Water and Sewerage Utility for the year 1985 in the amount of $11,825,900.00 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. Councillor A. Vincent asked what action is being taken to collect fees from persons who obtain water from City hydrants and subsequently sell same and the Mayor noted that an honour system by such users has been in practice and concurred that staff should review this matter. Question being taken, the motion was carried. ~5~ ~ On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the by-law entitled, "A By-Law To Amend A By- Law Respecting Water & Sewerage", be read a second time. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". Question being taken, the motion was carried. Read a letter from the City Solicitor regarding the confidentiality of oplnlons and advice given to Council in Legal Session, which was requested by Council on October 19, 1984, providing background information with regard to solicitor/client privilege and Legal Session meetings, the City of Saint John being the only municipality in New Brunswick having its own private legislation, namely, the City Government Act, pertaining to Council meeting in private session, and referring to the Municipalities Act with respect to all regular and special meetings of a council, and expressing the opinion that Section 12. (1) of the City Government Act is still in force and effect for the reasons as indicated herein. The letter refers to the matter of solicitor/client privilege when involved by a governmental client and suggests that, as it appears that the privilege exists in government so as not to prejudice any legal position before a court of law, it becomes obvious that Council as a whole and the Councillors as individual members should be aware of their duty and responsibility to do or say nothing in public which could subtract from the City's best position. The letter advises that, under present law, there are no express provisions prohibiting or dealing in any way with the conduct of Council members as it relates to which items or matters may be released to the public and.that it is probably unrealistic to expect that there will ever be specific laws prohibiting such action when one considers how difficult it would be to cover the specific points, while at the same time recognizing that our democratic society prefers to run the risk of error through the free public competition of view points rather than running the greater risk through curtailing what the people may hear or see. The letter expresses the opinion that, in examining this matter and balancing all the issu~s, there is no sound reason for altering the present administrative practice of the City as it pertains to Legal Session meetings, including discussions, opinions, advice and minutes related thereto and, with respect to the discretion of individual Council members and the exercise of indiscretion, the law is silent on the matter and will probably remain so because any control should be guided by common sense and loyalty to the Council and its members. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that the above letter from the City Solicitor be received and filed. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, December 3, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That the proposed Building By-Law, which received first and second readings at the meeting of Common Council held on November 13, 1984, be amended by adding thereto Section 16.15 which reads as follows:- "16.15(a) A demolition permit holder who intends to salvage material from the building described in the permit must provide such fire protection to the property on which the building is located (herein called the "demOlition site") as the Fire Chief of the City of Saint John may prescribe in writing. (b), If the Fire Department of the City of Saint John is required to extinguish a fire on a demolition site and the permit holder has not provided all of the fire protection for that site which the Fire Chief had prescribed, then the City may deduct the costs incurred in extinguishing the fire from the deposit given to the City at the time the permit was obtained.". December 10, 1984, Saint John, N.B. Respectfully submitted, Elsie E. Wayne, C h air ill a n. (sgd. ) On motion of Councillor Schermerhorn $econded by CouncillQr Knibb ~ESOLVED that the above report be received and filed and the recommendation therein be adopted. . I I . I . I I . ~ ,... ~1J7 Question being taken, the motion was carried. . (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that the letter from the Saint John Branch of the Association of Professional Engineers of New Brunswick and ,the letter from the Architects Association of New Brunswick regarding the proposed Building By-Law, third reading of which is to be considered at this meeting, suggesting that Council should reconsider its previous decision to amend the said By-Law to delete section 4.4 which has the effect of removing the requirement that the Building Inspector and the Assistant Building Inspector have professional status as either a professional engineer or an architect and retain such section in the By-Law -- be received and filed. Question being taken, the motion was carried. I Read a letter from the Common Clerk advising that, pursuant to Common Council resolution of November 13, 1984, the necessary advertising has been completed to allow Council to eliminate the necessity of the Building By-Law being read in its entirety prior to third reading, noting that the Municipalities Act provides that, following such advertising, a by-law may be read by section numbers only prior to third reading, if no member of Council objects, and that third reading of the said By-Law is in order at this time. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", be read a third time and enacted and the Corporate Common Seal be affixed thereto. . Her Worship the Mayor stated that the above By-Law has been advertised under Section 12 of the Municipalities Act and requested the Common Clerk to read the By-Law by section numbers only, unless a member wishes to object to this procedure. The Mayor further stated that, if there are no objections to this procedure and while the By-Law is being read by section numbers only, any member may ask questions during the reading of the sections or following the reading, however, if there are objections, the By-Law will be read in its entirety unless the objection is withdrawn before the Common Clerk commences to read the By-Law in its entirety. The by-law entitled, "By-Law Number C.P. 101 A By-Law Respecting The Construction, Repair And Demolition Of Buildings And Structures In The City Of Saint John", was read by section numbers only. (Councillor Schermerhorn withdrew from the meeting.) Question being taken, the motion was carried. I (Councillor Schermerhorn re-entered the meeting.) 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 begs leave to report that it sat on Monday, December 3, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- . 1, That as recommended by the City Manager, the property at 17 Summit Drive be acquired from Mr. & Mrs. Aurele Duguay for the price of $1,250.00 as follows:- (1) fee simple interest in approximately 689 sq.ft. of land presently used as part of the road right-of-way and shown hatched on the submitted plan and (2) an easement with a width of approximately 5 feet and an area of approximately 493 sq.ft., as shown shaded on the submitted plan, and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 2. That as recommended by the City Manager, Common Council adopt the submitted policy for an Employee Assistance Program. I December 10, 1984, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Poley RESOLVED that the letter from the Federation of Canadian Municipalities regarding Council's resolution on Federal payments to provinces, which was referred by the 1984 Annual Conference delegates to the National Board of Directors of FCM for further study; advising that the Board endorsed a resolution as recommended by the Standing Committee on Resolutions endor~ing Federal transfer payments to provinces provided that the Board would request its member provincial municipal associations .... .558 '"""11IIII to seek a commitment from their respective provincial governments to pass on to municipal government any increase in Federal transfer payments realized as a result of this resolution; also advising that the FCM President is nOw writing to the provincial associations requesting their assistance in this matter and will contact Common Council again upon receipt of a response from the municipal associations -- be received and filed. . Question being taken, the motion was carried. Read a memorandum from the Provincial-Municipal Council Inc. asking if, as there is presently no authority in the Municipalities Act which permits the enactment of a by-law respecting the control of smoking in public places, Common Council would support an amendment to the said Act which would allow a municipality to establish such a law. A motion was proposed by Councillor Knibb and seconded by Councillor Schermerhorn that the above memorandum be received and filed, however, Councillor Poley suggested that, as Council has expressed support to the enactment of such a by-law, the Provincial-Municipal Council Inc. should be advised that Council would be supportive of an amendment to the Municipalities Act to allow a municipality to establish a by-law to control smoking in public places. The proposed motion was withdrawn with the consent of the mover and seconder. I On motion of Councillor Poley Seconded by Councillor Flewwelling I RESOLVED that the Provincial-Municipal Council Inc. be advised that the Common Council of the City of Saint John supports an amendment to the 'Municipalities Act which would allow a municipality to establish a by-law to control smoking in public places. Councillor Knibb re-iterated his opinion that, in matters of the above nature, persons' good sense and discretion should be allowed to prevail. Question being taken, the motion was carried with Councillors Knibb, Murray, Schermerhorn and Vaughan voting "nay". On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the letter from Mr. C.H. Moseley addressing remarks made at Council's open session meeting of November 26, 1984 by Mr. J. Graham with regard to a proposed physiotherapy practice on Mount Pleasant Avenue; ,stating that, in view of the publicity which was given to Mr. Graham's untrue and malicious remarks, he trusts Council will treat his views with the same consideration -- be received and filed and Mr. Moseley be thanked for his interest in this matter. (Councillor M. Vincent re-entered the meeting. ) Question being take, the motion was carried. Read a letter from Human Rights Awareness Inc. requesting that, as December 10 is the anniversary of the United Nations' formation of the Universal Declaration of Human Rights, Council acknowledge same at this meeting. I Her Worship the Mayor read a resolution adopted by Human Rights Awareness Inc. requesting The Lieutenant-Governor in Council to consider further the effect of closing the Dr. William F. Roberts Hospital School. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the above correspondence from Human Rights Awareness Inc. be received and filed. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Port City Model Railroad Club advising of its attempt to erect a suitable building to house a layout and operating space and requesting a grant to meet additional funding requirements to erect such a building -- be received and filed and the request be denied. Councillor Schermerhorn, in proposing the above motion, noted that, although such a request would normally be referred to grants committee for consideration, Council has already met in Committee of the Whole to consider such grants for 1985. I, Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the petition of Saint John Central Business Development Corporation regarding the establishment by by-law of a levy on business property within the proposed business improvement area and submitting a budget of projected expenditures for such area -- be laid on the table for one week pending third reading of the proposed Business Improvement Area By-Law. I Question being taken, the tabling motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Saint John Community Christmas . Exchange explaining that this group is currently providing a service consisting of the co-ordination of the distribution of Christmas dinner baskets and vouchers for those in need with a staff of volunteers, and requesting Council's support in urging the citizens of Saint John to participate in sponsoring families and making the celebration of Christmas a more joyous event -- be received and filed. ~ ,.... <5~9 . Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Creative Productions/Day Nite Neon (N.B.) Ltd. advising that Prince Edward Square has requested signage as described and requesting approval for such signage in order that such signs can be installed as soon as possible -- be received and filed and the signage approved. I Councillor Schermerhorn, in proposing the above motion, expressed the understanding that there was some discussion in the Planning Branch with respect to setback of the proposed signage. Mr. McDermott read a letter from Mr. Winch to the subject company in which it is indicated that, since Prince Edward Square is zoned "I-D" Integrated Development, details of the site development will have to be approved by Council and that, although the three new signs be~ng proposed are at a scale consistent with the existing situation and can be supported by the Planning Branch, it is recommended that the face, as well as the base, of the sign on Union Street be set back at least 10 feet. Councillor Schermerhorn expressed the understanding that this company has agreed to this matter to which Mr. Winch advised that, following further discussion with staff by the subject company, it is his understanding that the suggested setback is acceptable to the company. . I Question being taken, the motion was carried. The Mayor asked that a Nominating Committee report regarding reappointments to the Board of Trustees of the Civic Employees' Pension Plan, be added to the agenda and considered at this time. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the above matter be added to the agenda for consideration at this time. . Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that as recommended by the Nominating Committee, Mr. C. E. Nicolle and Councillors Edis Flewwelling and John Schermerhorn be reappointed to the Board of Trustees of the Civic Employees' Pension Plan, effective December 1, 1984. Question being taken, the motion was carried. On motion of Councillor Gould I Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Ylu;/do Y2~7tUd At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of December, A.D. 1984, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W.D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; J. Breen, Deputy Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; M. Hanlon, Purchasing Agent; B. Belyea, Budget Officer; and Miss M. Conley, Administrative Assistant to the Mayor. I The meeting opened with the reciting of The Lord's Prayer. Her Worship the Mayor welcomed to the Council Chamber The Honourable G. Merrithew, Federal Minister of State for Forestry; and The Honourable Nancy Clark Teed, Provincial Minister of Social Services, and, at her request, The Honourable Mr. Merrithew addressed Council with regard to a matter which was the topic of a press conference earlier this date, namely, a major extension for New Brunswick of a $250,000.00 job creation forestry program. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held on December 10, be approved. Question being taken, the motion was carried. ..... 560 ~ The Mayor advised that she is in receipt of a letter from a citizen who is under the misconception that the City retained the services of Evidence Research Associates of Nova Scotia, such company being the ,subject of a series of charges in Halifax, namely fraud and illegal wire tapping, and stated that no time did the City of Saint John engage this company in 1983. The Mayor noted the the former Chief of Police, Mr. J. F. Ross, had filed a formal complaint with the New Brunswick Police Commission in 1983 because of what he determined to be improper investigative practices by this firm. ' Her Worship the Mayor noted the presence in the Council Chamber of several young people, who are winners of the Saint John Environment Committee's 1984 poetry and poster contest and, at her request, Miss Maureen Smith of the Engineering and Works Department, explained that there were 303 entries in this contest with 9 winners having been chosen. The Mayor and Deputy Mayor presented awards to the winners of the Environment Co~~ittee's recent poetry and poster contest as follows:- Posters - Grades 1 to 3 - 1st place: Shawn Greenlaw, St. Joseph's School; 2nd place: Tracy Ann Ferron, St. Joseph's School; and 3rd place: Natasha Poley, Saint Rose School; Grades 4 to 6 - 1st place: Dixon Ho, Saint Rose School; 2nd place: Tony Hamilton, Champlain Heights School; and 3rd place: Carolyn Kean, Havelock School; Poetry - Grades 4 to 6 - 1st place: Mary Moore, Saint Rose School; Joeleen Fleury, Millidgeville North High School, French Immersion; and 3rd place: Michael Murphy, Morna Heights School. Mr. John Biggar, Cub Master of the Church of Good Shepherd Cub Pack, and members of this Cub Pack presented the Mayor with a Christmas decoration which they made. The Mayor thanked Mr. Biggar and his Cub Pack for their presentation. Her Worship the Mayor asked that an item regarding the Admiral Beatty Hotel be added to the agenda for consideration at this time. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. Her Worship the Mayor, reading from a prepared statement, advised that the City of Saint John has applied to Canada Mortgage and Housing Corporation for the funding necessary to take over and rehabilitate the Admiral Beatty Hotel into 112 housing units and thanked The Honourable Mr. Merrithew, The Honourable Mrs. Clark Teed, and both the local and regional CMHC officials as well as the former Admiral Estates group for their support and assistance in this regard. The Mayor asked for a motion confirming that the City will proceed with this project following which Council will recess briefly for a press conference in this regard. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that Common Council confirm that the City of Saint John will proceed with the Admiral Beatty project. Question being taken, the motion was carried. Her Worship the Mayor advised that, following a press conference at which time the details of the above project will be released, Council will reconvene. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that Council recess for fifteen minutes. Question being taken, the motion was carried. Following the above-mentioned recess, the Council meeting reconvened. (Councillor A. Vincent entered the meeting. ) Councillor Schermerhorn asked that items regarding a municipal waste recycling study and International Youth Year (copies of which were forwarded to Council members as information items), be added to the agenda for consideration at this meeting. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. Read a letter from Mayor Wayne regarding the log cabin, which was constructed by School District No. 20 and donated to the City, asking the proposed location for this structure. Mr. McDermott advised that, as indicated previously, it is the intent to place this log cabin in the area of the Reversing Falls Tourist Bureau if such location is acceptable to School District No. 20. Councillor Knibb asked that, while the City Manager is addressing this matter, he also look into the possible location on which to place an historical-type pharmacy as proposed by the New Brunswick Pharmaceutical Society and discussed previously by Council in Committee of the Whole. (Councillor Gould re-entered the meeting during the foregoing discussion.) On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that as recommended by Mayor Wayne, the City within two weeks on the status of the proposed location for School District No. 20 and donated to the City. Manager be requested the log cabin, which to submit a report was constructed by . I I . I . 1 I . ~ ~ 0Q1 . I I . I . 1 I . ~ The Mayor asked that Mr. McDermott also address in his report to Council the matter broached above by Councillor Knibb. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne regarding the 1985 Great Canadian Participaction Day Challenge. Her Worship the Mayor advised that, although her letter refers to a monetary guarantee by the City to be used only if Participaction Day buttons are not sold, it should indicate , that the City guarantee a budget of $3,000.00 to be used only if the sale of buttons does not underwrite the full cost. On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne advising that Wednesday, May 29, 1985 has been designated as the Great Canadian Participaction Day and recommending that, as requested by the Steering Committee, (1) Council approve a guaranteed budget in the amount of $3,000.00 to be used only if revenue from button sales does not underwrite the full cost; (2) Councillor Marlene Vaughan be appointed as Council's representative; (3) Mr. Craig Campbell be appointed as the City's representative; and (4) the City Manager make arrangements to provide secretarial services in connection with the 1985 Great Canadian Participaction Challenge -- be received and filed and the recommendations adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from the City Manager regarding the tender for electrical heating of the carpenter shop on Rothesay Avenue, which was withdrawn from Council's agenda on November 19, 1984, advising that the schedule for expanding the mechanical garage building has been advanced and the expenditure is not warranted at this time, and recommending that all tenders for heating of the carpenter shop be rejected and the bid deposits be returned -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the tender for survey equipment be awarded as follows:- (1) bid number 84-033-2, items 1 to 11: Topcon electronic distance meter and accessories to ~orman Wade Co. Ltd., in the amount of $6,452.98; and (2) bid number 84-033-2, item 12: Wild TI Theodolite to Wild Leitz Canada Ltd., in the amount of $3,795.00. Councillor Flewwelling asked if the purchase of the above equipment will result in the City performing more of its surveying projects than in the past when outside surveyors have had to be engaged to which Mr. McDermott replied that he has been advised by Mr. Robichaud that, as each of the staff groups will have the same type of equipment, it will enable more work to be performed. Councillor Knibb noted that, in both instances, staff is recommending the purchase of more expensive equipment than the lowest price tendered to which Mr. Robichaud replied that such instruments would be compatible with that which the City already has and that, as staff is unfamiliar with the lowest-priced equipment tendered, staff does not wish to take a chance on purchasi~g same. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender for four pieces of equipment for use in the Recreation and Parks Department be awarded in accordance with the recommendations contained in the submitted bid summary. Replying to a query of Councillor Flewwelling, Mr. Robichaud explained that presently one large work crew travels throughout the City to cut all grass and it has been found through experimentation that it would be much more economical to have three separate crews delegated to particular areas and, in order to provide for the latter, it is necessary to purchase the equipment concerned. Councillor Schermerhorn asked the means by which the industrial trailers will be towed to Saint John from Burlington, Ontario, and if this represents additional costs to which Mr. Brownell replied that G.C. Duke Equipment Ltd., the company concerned, is to attend the New Brunswick Turf Seminar in Saint John and is transporting the equipment at no cost to the City. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the low tender as submitted by Kyle Trucking be accepted for collection of residential solid waste on an individual zone basis for Zones 1, 2, 3, 4, 5 and 6 for the period from January 1985 to December 31, 1989 and that the Mayor and Common Clerk be authorized to execute a contract as prepared by the Legal Department. Councillor Poley questioned the calibre of service provided by the above company to which Mr. Robichaud replied that this company presently collects commercial garbage and added that he is not aware of any complaints received with regard to the City's present garbage collection service. Councillor Poley noted that a monetary saving of $39,345.00 will be realized over the five-year period in question by utilizing Kyle Trucking and asked if such saving is compared to the present service or based on the difference between the high and low bids to which Mr. Robichaud replied that the second lowest contractor is presently engaged by the City, therefore, the anticipated saving results when comparing the low bid with one of the present contractors. Discussion ensued regarding the duration of the present contracts for this service and the feasibility of awarding the subject tender for a shorter time period, the latter to which Mr. Robichaud expressed the opinion that, as indicated on the submitted bid summary, most of the tenderers concerned bid on a five-year basis and it is unlikely that Kyle Trucking would be interested in anything other than a five-year contract. Councillor Knibb asked the propriety of an amendment to the proposed motion to delete zone 6 and award this contract to E.J. Cartage and Disposal, the latter company which has proved its service to the City, to which Mr. Rodgers, after reviewing this matter, expressed the opinion that it would be in order for Council to amend the proposed motion by deleting zone 6, subsequently 562 ""IIIIl vote on the main motion with respect to zones 1 to 5 at $27.00 following which a separate motion would be in order on zone 6. Moved in amendment by Councillor Knibb . Seconded by Councillor Flewwelling RESOLVED that the above motion be amended by deleting zone 6 therefrom. Discussion continued regarding the difference which would result in the anticipated monetary saving should the proposed amendment be adopted to which Mr. Robichaud explained that, although Kyle Trucking indicates $26.67 as an average for all zones, staff has used a weighted average based on an individual yearly basis of $26.15 per year, and that by awarding zone 6 to E.J. Cartage and Disposal would represent an additional cost to the City of $9,000.00 in the fifth year alone, such cost decreasing by $2,000.00 yearly to approximately $1,800.00 in the first year which represents a total additional cost of approximately $27,000.00 for the five-year period. The Mayor suggested that this matter should be tabled for one week in order that further information can be submitted to Council. I On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the above matter,be laid on the table until Council's meeting on December 27, 1984 pending receipt of additional information. 1 Councillor Flewwelling asked if the proposed tabling motion will affect the contract to which Mr. Robichaud replied that, as the contract terminates on December 31, 1984, problems could be created insofar as notification to the subject companies is concerned and could result in lack of garbage collection in the zones concerned for a period of time. Question being taken, the tabling motion was lost with Councillors Flewwelling, Gould, Knibb, Murray, Schermerhorn and Vaughan voting "nay". Question being taken, the amendment to the motion was lost with the Mayor and Councillors Davis, Flewwelling, Gould, Schermerhorn, Vaughan, A. Vincent and M. Vincent voting "nay". . Question being taken, the original motion was carried with Councillors Knibb, Poley and A. Vincent voting "nay". (Councillor Gould withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the proposal of Corrosion Services Co. Ltd. be accepted for an impressed current cathodic protection system for Willie Avenue standpipe and that a purchase order in the amount of $12,400.00, taxes included, be issued in this regard. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that C.I.L. Inc., the supplier of the City's liquid chlorine reQuirements in accordance with a tender award by Council on June 25, 1984, has advised that, effective January 1, 1985, the price of liquid chlorine will increase from 45.5~ per KG to 49.5~ per KG; also advising that, as this company is the only source of supply for this product in the Atlantic area, staff is attempting to locate another source, and recommending that approval be granted to purchase the City's liquid chlorine reQuirements from C.I.L. at a price of 49.5~ per KG -- be received and filed and the recommendation adopted. . During ensuing discussion, Mr. Robichaud noted that the City's contract with the above company expires on December 31, 1984 and, in reply to an observation of Councillor Vaughan that there is no time period indicated with respect to the price of 49.5~ per KG, advised that it is for a six-month period. . (Councillor Gould re-entered the meeting during the foregoing discussion. ) Question being taken, the motion was carried. 1 Read a letter from the City Manager regarding Council's discussion at its last meeting, during consideration of the 1985 Operating Budget of the Water and Sewerage Utility, concerning unauthorized persons taking water from City hydrants and charges being made for water use from hydrants, submitting a copy of a report from the Assistant City Manager - Operations which includes a list of charges made during 1984 for hydrant use as well as a proposed policy concerning obtaining water from the City through the use of hydrants, and recommending adoption of this policy. The Mayor suggested that, as the above letter was received earlier this date, this matter should be tabled until December 27, 1984. On motion of Councillor Flewwelling I Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table until Council's meeting of December 27, 1984. Question being taken, the tabling motion was carried. . ..... ,... J.:;: "' ". 0/'0 .) . I I . 1 . I I . .... Read a letter from the City Manager submitting the Revenue and Expenditure Estimates for 1985, with comparisons for 1983 and 1984, for the General Fund Budget, advising that this budget has been prepared with an objective to minimize the impact on the City's property tax rate, which one year ago increased by 12.3 cents or 8.8% in order to meet the various 1984 financial objectives and that, as the Province will not approve a 1985 municipal budget if the net operating expenditures exceed the previous year by more than 6% unless such excess is related to one-time expenditures in connection with the 1985 Jeux Canada Games, the 1985 budget was prepared with this guideline in mind and, as well, a further objective in preparation of this budget has been to reconcile differing requirements as the needs of the public change over the years. The letter also advises that the 1985 property tax rate will be $1.548 per $100.00 of assessed value, which is a 2.9~ or 1.9% increase over the 1984 rate which is the lowest year-over-year increase in both amount and percentage since 1980 and has been accomplished in a year when the City's property tax base has increased by only 4.1% which is well below the provincial average of 8.1%, and states that the City's gross budget for 1985 is $64,177,125.00, an increase of $3,697,650.00 over 1984. The letter further advises that the City's net operating budget for 1985 will be $58,399,418.00, which is 6.4% over the net budget for 1984 with the excess over 6% being attributable to one-time costs associated with the 1985 Jeux Canada Games, including increased maintenance and security at the various venues as well as special functions in connection with the Games and that funds in the amount of $500,000.00 have been provided for the first year operating deficit of the 1985 Canada Games Aquatic Centre; with regard to the Saint John Port Development Commission, an additional $126,000.00, which represents an increase of 50% over 1984, has been provided to permit more aggressive international marketing and promotion of the City's facilities to attract new business. With respect to the Saint John Parking Commission, funding has been reduced to $90,000.00 from $268,900.00 as the Commission is no longer required to absorb one-third of the operating loss of the Chipman Hill Parking Garage as this is the responsibility of Brunswick Square Limited and also, as policy, revenue from parking meters will continue to go into the General Fund. The letter adds that there has been tight control exercised within City departments with no major cutbacks to the level of service and the grants given by the City to' various social and welfare organizations have been generally frozen at 1984 levels with the various boards, commissions and organizations which look to the City for payment of their deficits having been requested to minimize their,requirements for 1985. With regard to fiscal services, the letter advises that the budget is $9,766,600.00, which represents a 2.5% increase over 1984 and is the lowest increase since 1978. The letter notes that staff is currently developing a ten-year plan, which should be completed in 1985, with the objective of demonstrating to the public and prospective businesses that there will be a reasonable degree of stability both in the tax rate and in the City's overall financial position and recommends that the Budget, Warrant and Tax Rate as covered in the submitted resolutions be adopted. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the amount of $64,177,125.00 be adopted as the estimate required for the operation of the City of Saint John for the year 1985 as follows: General Government Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation & Cultural Services Fiscal Services $ 4,640,100 20,750,300 17,418,600 1,240,700 4,238,900 6,121,925 9,766,600 $ 64,177,125 - a more detailed breakdown of the above estimate is attached and forms a part of these minutes. Mr. Wilson, replying to a query of Councillor Knibb, advised that the 1985 common area operating costs related to Market Square insofar as the Library, Trade and Convention Centre and Parking Garage are concerned, such costs also including the City's contribution to the promotion fund and the supply of energy to the various locations therein, will be approximately $3.5 million, which is almost the same as the 1984 budgeted amount, and that the Trade and Convention Centre is budgeted to have an operating loss of approximately $415,000.00 and the Parking Garage is projected to have a net operating profit of approximately $512,000.00 with the Library projected to have an operating loss, in addition to its share of the common area costs, of approximately $160,000.00. Mr. Wilson added that a net increase of approximately $24,000.00 is included in the City's budget with respect. to the operation of the Carnegie building whereupon Councillor Knibb noted that the City is funding operating deficits on facilities which are utilized by citizens of the greater Saint John area. Councillor A. Vincent asked why the annual salaries of holiday-relief fire fighters have been reduced to $18,000.00 to which Mr. McDermott replied that the basic reason for the reduction is that there was no good reason to remunerate persons off the street with no training at a higher salary and that the advertisement in the local newspaper in this regard resulted in a great number of applications for such positions. A brief discussion ensued in this regard during which Councillor A. Vincent requested information at Council's next meeting with regard to the amount budgeted for holiday-relief fire fighters. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the amount of $5,777,707.00 be adopted as the estimate for Non-Tax Revenue for the year 1985, a more detailed breakdown of this estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOINFL that the Provincial Unconditional Grant of $26,469,832.00 be incorporated in the 1985 budget. Councillor M. Vincent advised that his support of the above motion does not signify that he is supportive of the formula used to derive the unconditional grant. 56~ ~ Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1985, be adopted in the amount of $31,929,586. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the rate at which the amounts comprising the above estimates is to be levied, be fixed at $1.548 on each $100 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of the City of Saint John. Question being taken, the motion was carried. Read a letter from the City Manager regarding the Brodie building, 42 Princess Street, advising that, further to Council's discussion in Committee of the Whole on December 10, 1984, other alternatives have been suggested to Mr. Smith of Corrections Canada and recommending that this matter be tabled until Mr. Smith has had an opportunity ,to examine the alternatives. It was noted that the Committee of the Whole report of December 10, 1984, includes a resolution proposing that Council accept the option to purchase submitted by Public Works Canada, in the amount of $105,000.00, with the building to be used by Correctional Services Canada to house the Parrtown Centre. Consideration was also given to the following letters regarding the proposed use of the Brodie building to house Parrtown Centre: (a) the New Brunswick Chapter of the Canadian Criminal Justice Association urging Council to make every effort to assure the relocation of the Parrtown Community Correctional Centre within the City and ensure it will not be relocated to another munici- pality; (b) McMillan Press Limited expressing opposition to the proposal of Corrections Canada to buy the Brodie building for use as a half-way house for offenders and u~g Council to reconsider this proposal; (c) Palatine Investments Ltd. expressing opposition to this proposal and requesting Council to reject same as the proposed use is inconsistent with the promotion the City has done with respect to the historic properties in the area; (d) Trinity Neighbourhood Association expressing opposition to the proposed use of the Brodie building as this will not assist in generating the relocation of family life into the heritage area; (e) Trinity Royal Merchants' Association asking to express its views on the proposal by Corrections Canada to locate in the Brodie building; (f) Mr. C. Colin Whitcomb expressing objection to the manner in which Council handled the proposal of Corrections Canada and encouraging Council to take the time to hear the other parties who are, to be affected by this decision and to encourage better rapport with the community when such contentious issues are to be considered in the future; (g) Thomas Johnson Architect Inc. noting that the aim in the area concerned has been to generate a mixture of shops, offices and apartment use of the buildings and urging Common Council to reject the sale of the Brodie building to Corrections Canada; (h) Saint John Preservation Review Board expressing concern with the possible direction Council is taking with regard to commercial development in Trinity Royal and recommending that Council adhere to its long-term revitalization plan by encouraging retail businesses to buy the remaining buildings and not to sell the Brodie building to Corrections Canada; (i) Anderson-McTague & Associates Ltd. asking if Council feels that a halfway house will enhance the central business core district of the City and urging Council to reassess its position in this regard; (j) Richard and Sandra 'Thorne expressing opposition to this proposal for the reasons as indicated and urging Council to reject the Federal Government's offer and to consciously embark on a policy which will make the City centre a desirable place to live, shop and educate young people; and (k) Saint John Heritage Trust Inc. expressing the opinion that the establishment of a half-way house in the area concerned at this point in time would actively work against the revitalization process and urging Council to reject the proposal for establishment of a half-way house in the Brodie building and to approve tnstead a proposal which would strengthen the revitalization pattern now emerging, as well as from Saint John Central Business Development Corporation (copies of which were distributed to Council members earlier this date), expressing opposition to this proposal. A motion was proposed by Councillor Schermerhorn and seconded by Councillor Gould that the above matter be laid on the table in accordance with the City Manager's recommendation, however, this motion was withdrawn with the consent of the mover and seconder subsequent to Councillor Poley's suggestion that, as Council has heard the presentation by Corrections Canada, it should take the opportunity to hear at least one spokesperson from the group of citizens present in the Council Chamber who are opposed to this proposal. Councillor Gould suggested that it would be unfair to hear from only one spokesperson and suggested that at least two other persons should be given the opportunity to address Council at this time whereupon the it was noted that presentations are not normally scheduled for 4:00 o'clock p.m. Common Council meetings and the Mayor suggested that, as these persons are likely to appear before Council when this matter is considered further, the entire issue should be dealt with at that time. On motion of Councillor Poley Seconded by Councillor Vaughan RESOLVED that Mr. T. Isaac and two other persons be invited to address Council at this time, each address not to exceed five minutes in duration. Question being taken, the motion was carried. . I 1 . I . I I Mr. T. Isaac addressed Council on behalf of Trinity Royal Merchants' Association and asked Council to reject the proposal of Corrections Canada for, although this group is not against half-way houses and rehabilitation for members of society, a corrections institute would be totally out of line with the plans to bring this hertiage area back into the mainstream of City centre development, such area being one of the most historically-significant in North America. Mr. Isaac commented on the development to date of the area in question and re-iterated the request that Council reject the Corrections Canada proposal for a half-way house and look at other proposals . which will strengthen the revitalization of this area. ~ ,.. 565 t> . I 1 . I . I I . .... A brief discussion ensued regarding the public's awareness of this proposal in view of it having been considered in closed session of Council and the present location of the Parrtown Centre at the YMCA Family Centre. Mr. John Steeves addressed Council on behalf of the Trinity Neighbourhood Association and concurred with Mr. Isaac's remarks in this regard and expressed concern that approval of this proposal will result in a reversion to the practice of absentee landlords, deterioration of the buildings and an atmosphere not conducive for families to locate in this area. Mr. Steeves advised his intent to present a more formal presentation on this matter at Council's next meeting. Mr. Tony Smith of Saint John Heritage Trust Inc. addressed Council and expressed support to the point of view presented by Mr. Isaac in this regard. Mr. Smith commented on the revitalization of the Prince William Street area and expressed the opinion that the establishment of a half-way house in this area could deter further business development therein and urged Council to reject this proposal. During ensuing discussion, Councillor Poley expressed opposition to the proposal of Corrections Canada for the area concerned and Councillor Knibb appealed to the merchants concerned to support this proposal for both economic and human relations reasons as it is rep~esentative of $500,000.00 of Federal funding to Corrections Canada in terms of staffing and payments to those persons being housed therein and also that such persons have paid their dues to society and deserve to be recognized for the ordinary persons they are. Discussion continued regarding alternative locations for Parrtown Centre and the Mayor noted the presence in the Council Chamber of Mr. R.H. Smith, Superintendent of Parrtown Community Correctional Centre, and advised the intent of the City to find a suitable location for this Centre. Discussion continued during which time Councillor Vaughan asked Acting Police Chief Breen to comment on whether or not there have been any problems during the twelve years the Parrtown Centre has been housed in the YMCA to which Acting Police Chief Breen replied that it would be necessary for him to review the files in this regard and the Mayor suggested that this matter should be discussed privately by Council. Councillor Murray asked if Mr. Smith is in favour of having this matter tabled to which the Mayor replied that Mr. Smith advised her that, although it is necessary to resolve this matter prior to May 1985, an early decision is in order. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that as recommended by the City Manager, the above matter be laid on the table until Mr. Smith has had an opportunity to examine the alternatives and further that the above-mentioned letters regarding this matter be received and filed. The Mayor asked that the City Manager and Mr. Todd meet with Mr. Smith to discuss alternative locations for Parrtown Centre and find suitable accommodation for same in the City. Question being taken, the tabling motion was carried with Councillors Murray and A. Vincent voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Frederick Ganong have been completed and that the re~uired waiting period for objections expired on December 13, 1984 with no written objections having been received. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the application of Mr. Frederick Ganong for a Municipal Plan amendment and re-zoning of property at 378 Westmorland 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 January 21, 1985. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number C.P. 100-21 A Law To Amend The Zoning By-Law Of The City Of Saint John", by amending Section 840(3) and (c) by deleting the words "on the front of the building", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-21 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. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", with regard to rate increases, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By"':Law Respecting Water & Sewerage", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number B.l02 Business Improvement Area By-Law", be read a third time and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B.I02 Business Improvement Area By-Law", was read in its entirety. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. 5~(& ~ a budget of projected expenditures for such area. On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that authority be granted for the necessary advertising with respect to the submitted budget petition of the Saint John Central Business Develop- ment Corporation. Mr. Rodgers, replying to a query of Councillor Knibb, explained that, following the necessary advertising with respect to the above, this matter will be discussed by Council at its meeting of January 21, 1985. Question being taken, the motion was carried. I 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 1 Your Committee begs leave to report that it sat on Monday, December 10, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Poley, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to the Brodie building, 42 Princess Street, Council accept the option to purchase submitted by Public Works Canada, in the amount of $105,000.00, with the building to be used by Correctional Services Canada to house the Parrtown Centre. 2. That as recommended by the City Manager, the Common Council resolution of March 29, 1982 authorizing the sale of property on Belgrave Street to Mr. and Mrs. Josip Dobrotic be rescinded; . that the City's interest in the vacant land on the western side of Belgrave Street, known as L.R.I.S. Number 55005557 be quit claimed to Mr. Josip Dobrotic for the price of $5,500.00; that, if the purchaser is unable to obtain satisfactory title within a period of one year from the transfer of title, the City would be prepared to reacquire the property for the purchase price; that the lot will be developed within two years of transfer of title or the City retains the right to acquire the property for the purchase price; that the cheque for $275.00 representing 5% of the purchase price be deposited in the City's account to be used as a partial payment at the time of transfer; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 3. That Council approve additional 1984 funding in the amount of $35,000.00 for the Lord Beaverbrook Rink in order to meet an excess of expenses over revenue. 4. That as recommended by the City Manager, Common Council authorize the conveyance of the I lot known as #84-1 Union Street to The Power Commission of the City of Saint John, in consideration of the amount of $54,379.00 plus the lot known as #79-1 Union Street which was conveyed to the Commission by Common Council resolution of February 5, 1979 and no longer required by the Commission. December 17, 1984, Saint John, N.B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. It was noted that section 1 of the above report was tabled earlier in this meeting. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion waS carried. On motion of Council~or Gould Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. The Mayor asked that the City Manager make arrangements for the new Lord Beaverbrook Rink Company to meet with Council whereupon Mr. McDermott advised that it is anticipated that this group will meet with Council at its next meeting. A brief discussion ensued regarding the necessity of utilizing the Lord Beaverbrook Rink for various functions in an attempt to increase revenue and Councillor Vaughan expressed the opinion that a facility is required in the City which is large enough to accommodate large groups of persons and she asked the status of the anticipated report with respect to a Saint John Centre. The Mayor advised that Council will receive a report on this matter early in 1985. 1 Question being taken, the motion was carried. I On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. (Councillor M. Vincent re-entered the meeting.) Consideration was given to a letter from the Planning Advisory Committee regarding the application of Debly Construction Ltd. for the re-zoning of property located between Loch Lomond Road and Latimer Lake Road and approximately 400 feet to the rear of Likely Road, the public hearing for which was held on December 10, 1984 with no readings given; advising that the major concern raised at the Planning Advisory Committee meetings was the possible effect of the proposed gravel pit on Little River and Little River Reservoir and that a major objection has been received from the Federal Department of Fisheries which operates a hatchery at the lower end of Little River Reservoir as it does not feel that sufficient safeguards could be established to protect the . ~ r- t'Q;? hatchery from siltated waters and suspended solids, and recommending that the re-zoning application not be approved. . Consideration was also given to a letter from Mr. Raymond Debly of Debly Construction Ltd. requesting to appear before Council at this meeting regarding the above re-zoning for the reason that the Planning Advisory Committee was not aware of all relating information due to its unavailability at the time of its decision, such information regarding input from Environment New Brunswick. Councillor Schermerhorn proposed a motion, which was not seconded, that the recommendation of the Planning Advisory Committee be adopted. On motion of Councillor Flewwelling I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land located between Loch Lomond Road and Latimer Lake Road and approximately 400 feet to the east of Likely Road (L.R.I.S. Number 421636), from "RS-l" One- and Two-Family Suburban Residential to "RF" Rural classification, be read a first time. I Councillor Flewwelling, in proposing the above motion, advised that he does so after receiving additional information in this regard (copies of which were distributed to Council members earlier this date). Councillor Poley made the observation that Planning staff's original recommendation to the Planning Advisory Committee was to permit the re-zoning under an agreement pursuant to Section 39 of the Community Planning Act, and that third reading of the re~zoning be delayed until the agreement is executed and asked if there is a way, under a Section 39 agreement, to address the concerns of both the Federal Department of Fisheries and this Committee. Mr. Winch replied that the Planning Advisory Committee's response to this recommendation was that a plan could not be formulated as it would be very difficult for both the Engineering and Works Department and Department of Fisheries to include the features on a plan which were considered acceptable and that it is his understanding that it was on this basis that this Committee made its recommenda- tion to Council. Councillor A. Vincent suggested that Mr. Raymond Debly should be permitted to address Council in this regard. . On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that Mr. Raymond Debly be invited to address Council at this time. Question being taken, the motion was carried with Councillor Schermerhorn voting "nay". Mr. Raymond Debly of Debly Construction Ltd., the applicant for the above-proposed re-zoning, addressed Council and, referring to correspondence between him and Environment New Brunswick (copies of which were distributed to Council members earlier this date), suggested that it appears that the Planning Advisory Committee is unaware of the input of Environment New Brunswick in this matter. Mr. Debly noted that the property concerned is situated 360 feet from Little River which is a heavily-vegetated area and re-iterated his request for the re-zoning to be approved. I Discussion ensued during which time the possibility of incorporating the input of Environment New Brunswick, as indicated in the letter mentioned above, into a Section 39 agreement was suggested and the Mayor asked if staff would discuss this letter with the Department of Fisheries in order to determine if this Department is still opposed to the re-zoning or is of the opinion that controls could be worked out in this regard. On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that the above matter be laid on the table with Mr. Winch to discuss the above-mentioned letter from Environment New Brunswick with the Federal Department of Fisheries to determine whether or not the latter's requirements will be met. . Question being taken, the tabling motion was carried with Councillor Gould voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the correspondence regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. I On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the subdivision plan to vest in the City approximately 689 sq. ft. of land presently used as part of Summit Drive and to vest in the City an easement with a width of approximately 5 feet and an area of approximately 493 sq.ft. along the front of the same property. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the letter from Loyalist Days Inc. requesting to have representation on the proposed independent Visitor and Convention Bureau -- be referred to the Nominating Committee for a recommendation to Council and further that this matter be referred to the City Solicitor for review and a report with regard to the proposed composition of the Visitor and Convention Bureau. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the copy of a study entitled, "Opportunities For Municipal Waste Recycling in Saint John", be referred to the City Manager for review and a report to Council and that staff provide an up-to-date report to the Saint John Environment Committee regarding this matter. .... 568 ~ Councillor Poley advised that it is his understanding that the Environment Committee requires further review of the above study in order to submit a recommendation with respect to a feasibility study and that the City Manager should be aware that this Committee is reviewing this matter. The Mayor suggested that Mr. Robichaud should attend the Environment Committee's meeting in this regard and Mr. McDermott advised that the City has an agreement with the Deputy Minister of Environment New Brunswick to have a feasibility study performed on much of this work at the present time. Councillor Poley suggested that the City should co-ordinate its efforts in this regard with the Environment Committee. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the correspondence from the Provincial Minister of Youth and Recreation regarding International Youth Year be referred to the City Manager and the Recreation and Parks Department. I Councillor Schermerhorn noted that there is a time limit of January 15, 1985 with respect to proposals and Councillor Knibb noted that this item concerns availability of funding to young persons who wish to devise new programs of recreation, particularly athletic recreation, which meets the criteria and warrants a grant. I Question being taken, the motion was carried. Read a letter from The Honourable Nancy Clark Teed, Minister of Social Services, regarding the proposed transfer of the administration of the Corporate Securities Registration Act, R.S.N.B. 1978, Chap. C-25, from the Department of Transportation to the Department of Justice, which was discussed at Council's last meeting. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from The Honourable Nancy . Clark Teed, Minister of Social Services, submitting a copy of a letter which was forwarded, under her signature, to The Saint John Law Society with respect to the proposed transfer of the Office of the Administrator under the Corporate Securities Registration Act, R.S.N.B. 1973, Chap. C-25, and endorsing the support given by Common Council to the Society in this regard -- be received and filed and the Minister be thanked for her support in this matter. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Schermerhorn RESOLVED that the letter from the Tourism Committee, Saint John Board of Trade, commending Council for its initiative at its meeting of December 3, 1984 in forming a Visitor and Convention Bureau, as this is viewed as a progressive move that will have many far-reaching benefits for the local tourism industry, and expressing its willingness to provide the Tourism Advisory Committee with input should it be required -- be received and filed and this group be thanked for its interest in this matter. 1 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that the letter from Mr. Peter Trites advising of his resignation from the Saint John Parking Commission, effective December 31, 1984, and thanking Council for providing the opportunity for him to serve on this Commission -- be received and that Mr. Trites' resignation be accepted with regret and he be thanked for his service on this Committee ... and further that this matter be referred to the Nominating Committee for consideration. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Jarvis Developments Limited expressing interest in the redevelopment of the Old City Hall building, 116 Prince William Street, for retail and commercial use and advising of its interest in further meetings with City staff in order to elaborate its proposal in detail -- be referred to the City Manager for appropriate discussion. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Caton Developments Limited regarding its option to purchase the Ritchie building, 50 Princess Street, which will lapse on December 31, 1984; expressing concern regarding the apparent impasse with respect to obtaining the necessary certificate of appropriateness from the Preservation Review Board and requesting Council's assistance in finding a solution to this matter -- be referred to the City Manager and City Solicitor for investigation and a report to Council at its meeting of December 27, 1984. I A brief discussion ensued during which time Councillor Poley expressed the understanding that, in accordance with the Preservation Review By-Law, a fifteen-day period for appeals following granting of a certificate of appropriateness is required and noted that it may be necessary to grant a further extension to this company on its option for this building. Mr. Rodgers advised that the Legal Department has given its opinion to the Preservation Review Board indicating that the certificate of appropriateness can be transferred. . Question being taken, the motion was carried. ~ ~ 5G9 Read a letter from Mr. Ervan R. Cronk requesting to address Council at this meeting as a member of a Neighbourhood Watch group in East Saint John with respect to an idea which could reduce home break- ins in the City and surrounding area, which basically consists of a co-operative effort between the Saint John Police Department and a local radio station to broadcast daily the number and location of break-ins in the City. . On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from Mr. E. Cronk, on behalf of a neighbourhood watch group, be referred to the City Manager and Acting Chief of Police. I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 1 ~1~~rd mmon Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Thursday, the twenty-seventh day of December, A.D. 1984, at 4:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. N. Barfoot, Assistant City Manager - Administration; F. Rodgers, City Solicitor; T. Totten, Deputy Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Winch, Deputy Commissioner of Community Planning; W.D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Acting Chief of Police; R. McDevitt, Deputy Fire Chief; J. Brownell, Assistant Director of Recreation; and J. Adam, Data Processing Manager. Father Michael LeBlanc of the Cathedral of the Immaculate Conception offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that minutes of the meeting of Common Council, held on December 17,1984, be approved. . Councillor Vaughan referred to the 1985 Revenue and Expenditure Estimates for the General Fund Budget which was discussed at the above meeting, and in particular the 71% paid by the City with regard to Market Square operating costs, and asked who represents the City in this regard to which Mr. Barfoot replied that The Market Square Corporation is responsible for the administration of the sub-leases for the Library, Parking Garage and Trade and Convention Centre and also that there is a tenants' association on which such groups are represented. The Mayor ,expressed the understanding that the Library is the only group which has representation on the tenants' association whereupon Mr. Barfoot replied that he would look into this matter. Councillor Knibb noted that the item concerning Mr. E. Cronk of a neighbourhood watch group was discussed at the above meeting and suggested that this matter, which is included on the Committee of the Whole agenda for this date, should be considered at this meeting whereupon the Mayor confirmed with the Acting Chief of Police that it is in order to do so and she suggested that the matter concerning the log cabin, which was also discussed at the above meeting and is included on the Committee of the Whole agenda, should be considered at this meeting. I Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that matters regarding Mr. E. Cronk's letter on behalf of a neighbourhood watch group and the log cabin be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 1 Her Worship the Mayor noted the presence in the Council Chamber of The Honourable G. Merrithew, Federal Minister of State for Forestry, and welcomed him to the meeting. (Councillor Poley entered the meeting.) Her Worship the Mayor extended an invitation to the citizens of the City to attend the Mayor's levee on January 1, 1985. . Consideration was given to a letter from the City Manager regarding the Admiral Beatty project, recommending adoption of the submitted resolution which complies with the Common Council resolution of December 17, 1984 in this regard and takes the necessary steps to close the transaction and allows the City to deal directly with the Receiver as well as assume the rights held by a numbered company originally incorporated to deal with the Admiral Beatty project, known as Admiral Beatty Estates, and also recommending that Council confirm authorization for City staff to forward the Canada Mortgage and Housing Corporation application for subsidy funding and mortgage insurance and to call for proposals for first and second mortgages. .... 570 ""'lIIl On motion of Councillor Knibb Seconded by Councillor 9chermerhorn RESOLVED that Common Council purchase property known as Admiral Beatty Hotel from Doane Raymond Limited, the Receiver Manager of Acklei Investments Ltd., for the sum of $550,000.00, plus adjustments, and further that Council authorize the Mayor and Common Clerk to execute all documents in connection with the transaction. . The Honourable Mr. Merrithew, at the Mayor's request, addressed Council regarding the above matter and advised that he was successful in obtaining through Treasury Board 100% financing for this project which means that the Federal Government will undertake all of the financing required for this project and preclude the necessity of having Provincial Government involvement insofar as its contribution toward the interest rate subsidy is concerned. Mr. Merrithew added that he foresees no difficulty in this matter being ratified by the Federal Cabinet when it meets the week of January 14, 1985. The Mayor thanked Mr. Merrithew for his announcement in this regard. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council confirm authorization for City staff to forward the Canada Mortgage and Housing Corporation application for subsidy funding and mortgage insurance with respect to the Admiral Beatty project, and further that City staff be authorized to call for proposals for first and second mortgages. I The necessity of including authorization to call for proposals for a second mortgage, in view of the Federal Government's provision for 100% financing, was questioned whereupon Mr. Merrithew confirmed Mr. Barfoot's suggestion that this be included in the above motion as a safeguard pending the Federal Cabinet's approval of the financing for this project. Councillor A. Vincent asked what safeguards are in place with respect to cost overruns on this project to which Mr. Barfoot replied that the plans and various areas of cost savings for this project have been very thoroughly reviewed with the contractor and City staff concerned and that all precautions, which are possible at this stage, have been taken and added that it is staff's intent to control the project in much the same manner as was the Harbourside Apartments project. . Question being taken, the motion was carried. Council expressed appreciation to The Honourable Mr. Merrithew for his efforts on behalf of the City with regard to the Admiral Beatty project. Her Worship the Mayor noted the presence in the Council Chamber of Mr. Harold Wright of Saint John Heritage Trust, who presented Council with a poster in recognition of National Heritage Day to be held on February 18, 1985 such poster taken from a painting by Mr. Tom Wood and depicting the interior of the City Market building. Mr. Wright advised that, through this poster and the national conference of Heritage Canada to be held in Saint John in October 1985, Saint John will be the focal point for heritage preservation in 1985. The Mayor thanked Mr. Wright for his presentation and Deputy Mayor Davis, a member of Heritage Canada, advised that Mr. Wood has been involved in the poster design for Heritage Canada for the past twelve years. 1 Read a letter from Mayor Wayne regarding her contacts with the international, national and local business community during the past year and a half in order to broaden the industrial base of the City of Saint John, assuring members of Council and the community at large that an effort has been made and will continue to be made to attract new investment to this community and advising her intent to pursue a series of meetings which are in place for very early in the new year, as well as other opportunities, until the City's exonomic problems are resolved through an expanded industrial base and increased employment opportunities. A brief discussion ensued regarding the Mayor's efforts to date with respect to the pursuit of a new housing policy for the City insofar as increasing subdivisions and infill housing is concerned as well as discussions with the City's trade unions, particularly with respect to the frigate program at the Saint John Dry Dock, and promotion of the Port of Saint John. . Her Worship the Mayor asked that a Nominating Committee report ng appointments to the Saint John Harbour Bridge Authority be added to the agenda for consideration at this time. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the above item be added to the agenda Question being taken, the motion was carried. I for consideration at this time. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the Nominating Committee, the following persons be appointed to the Saint John Harbour Bridge Authority:-Councillor Kenneth Gould for a term to expire December 31, 1985; Mr. F. Dennis Boyle, for a three-year term effective I January 1, 1985; and Mrs. Patricia Hawkins for a three-year term effective January 1, 1985. Councillor Murray asked that, in future, an opportunity be provided to Council to discuss nominations to committees etc. in Committee of the Whole. Question being taken, the motion was carried with Councillors A. Vincent and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- . ..... r- ~11 1. Millidgeville Waste Water Treatment Plant Johnson Construction Limited Preliminary site works Current budget allotment Total work done, Estimate Number 10 (Final) Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 10 (Final), dated December 14, 1984 $1,067,773.08 1,067,773.08 4,121. 09 1,031,754.80 $ 31,897.19 . I Note: Pursuant to Court Order, payment to be made to Minister of Finance 2. Contract 84-4 Sandy Point Road Water & Sewer Construction Que-Mar Construction (Maritimes) Limited Supply and install approximately 620' of 4", 8", 10", 12" and 18'1 sewer pipe on Sandy Point Road, Rockland Road, Rockwood Avenue, Mark Drive, Woodward Avenue and 190' of 6" water pipe on Sandy Point Road plus appurtenances Original estimated value of contract Total work done, Estimate Number 4 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated December 17, 1984 Final holdback release $ 60,162.00 61,185.27 Nil 48,619.26 12,566.01 I $ Question being taken, the motion was carried. . On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the tender of Viking Fire Protection Ltd., in the amount of $12,540.00, be accepted for the installation of a Halon Fire Protection System, required to protect the $250,000.00 worth of equipment in the Finance Department's computer room from loss by fire. Question being taken, the motion was carried. On motion of Councillor Schermerhorn 1 Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the bid of City Laundry Limited, as indicated on the submitted bid summary, be accepted for the provision of dry cleaning service to the Police Department for the year 1985. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, a purchase order in the amount of $11,800.00 plus tax be issued to Downey's Ltd. for the supply of a 1984 Ford LTD to replace vehicle 121 in the Police Department. . Discussion ensued regarding whether or not the full value of the police car being replaced will be recovered through insurance and Acting Chief of police C. Breen advised that he is not aware if any insurance has been recove~ed, however, every part of the vehicle in question worth salvaging has been removed for use on other City vehicles. The Mayor asked that the Finance Department provide information to Council at its next meeting with regard to insurance coverage in this matter. Question being taken, the motion was carried. I Read a letter from the City Manager regarding the City Road Armoury building, which was listed for sale with Kincade Associates Realty Ltd. at the price of $550,000.00, for a period of 90 days with the listing agreement to terminate on December 31, 1984, advising that this company has requested a renewal of the listing for an additional 60 days until February 28, 1985. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the listing agreement with Kincade Associates Realty Ltd. for the sale of the City Road Armoury building be extended for a further 60 days or until February 28, 1985 and that the Mayor and Common Clerk be authorized to execute the necessary forms to formalize the extension of the listing. I Councillor A. Vincent asked the status of the above property to which Mr. Todd expressed the understanding that the company concerned requires the extension in order to attempt to finalize the sale of this building with a potential purchaser and that the commission charged by this company is 5%. Question being taken, the motion was carried. On motion of Councillor Murray . Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding questions which were asked at Council's meeting of December 17, 1984 concerning holiday-relief fire fighters, advising that the 1985 budget of the Fire Department includes an amount of $359,000.00 for salaries for 18 holiday- relief fire fighters and that, although new holiday-relief fire fighters are being hired at a salary of $18,000.00 per annum, previously-hired holiday-relief fire fighters will continue to be paid at their previous rate, and also advising that, in response to the recent advertisement for holiday-relief fire fighters, the City has received 211 applications -- be received and filed. Councillor A. Vincent asked the number of new holiday-relief fire fighters being hired to which .... 5~~ ~ Mr. Barfoot expressed the understanding that four new persons are being hired at this time. Councillor A. Vincent advised that he is unable to determine the amount of funding in the Fire Department's budget allocated to such positions and asked for this information at Council's next meeting. . Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Consideration was given to a letter from the City Manager regarding ~ueries asked at Council's meeting of December 10, 1984 with respect to unauthorized persons taking water from City hydrants and about charges made for water use from hydrants, such letter having been tabled at Council's meeting of December 17, 1984, submitting a list of charges made during 1984 for hydrant use and recommending that Council adopt the policy as outlined in the submitted report from the Assistant City Manager - Operations. On motion of Councillor Knibb I Seconded by Councillor Murray RESOLVED that with regard to private firms or individuals obtaining water from the City water system by use of fire hydrants, the following policy be adopted, namely:- (1) fire hydrants continue to be used primarily for fire fighting purposes only and every attempt will be made to discourage the use of fire hydrants for any reason other than fire fighting; I (2) only vehicles which have been properly inspected and which do not present any possible health hazard be permitted to draw water from fire hydrants; (3) for occasional use, vehicles which have no alternative be permitted to use hydrants which are equipped with side gates only with only the side gates to be operated, with all such persons and companies wishing to make use of this privilege required to provide their vehicle for inspection and a permit be issued for each vehicle to be used in this manner, the permit fee to be $200.00 for the first vehicle of a company and each additional vehicle to be $50.00 per year with the term "year" referring only to that period when side gates are installed as a normal practice of the Water & Sewerage Division and not including specialized projects where side gates are installed for longer periods; and . (4) where hydrants are used on a continuous basis, i.e. construction sites or some other occasion, the fee to be $25.00 for installation of a side gate and $10.00 per day for use of the hydrant and, if the Water & Sewerage Division deems the term to be long enough, the person requesting the service will be required to install a water meter to measure the amount of water being consumed with the $25.00 fee still to be charged along with measured water consumption. Councillor Knibb noted that a total revenue of over $3,000.00 to the City in 1984 resulted from occasional use of City water by companies as indicated on the submitted information and Councillor M. Vincent expressed the opinion that, without the imposition of a penalty for the unauthorized use of water from fire hydrants other than that contained in the Fire Prevention Act, there is no deterrent to persons to make use of fire hydrants in this manner and suggested that consideration should be I given to a penalty of some nature over and above that indicated in the above-proposed policy. Discussion ensued regarding the use of fire hydrants by steam trucks etc., a system of controlling the use of water from fire hydrants for such purposes and the type of penalty which is authorized under Section 57 of the Water & Sewerage By-Law as mentioned in the above letter. The Mayor asked that the matter of a penalty be the subject of a report at Council's next meeting and Mr. Barfoot suggested that adoption of the above policy should result in the establishment of proper control and a billing system with respect to steam trucks etc. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager advising that, based on discussion with Mr. Henry Irwin, Deputy Minister of Municipal Affairs, the City of Saint John 1985 Operating Budget has been approved subject to a supplemental budget covering the Business Improvement Area levy near the end of January 1985 -- be received and filed. . Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Charles G. Gallagher, Minister of the Provincial Department of Health, regarding Common Council resolution of November 19, 1984 concerning the Victorian Order of Nurses; advising that the Extra-Mural Hospital group is an organization established to deliver acute care hospital services in the home where appropriate, such services being entitled under the Hospital Services Act and hopefully can be made available to most New Brunswick communities over the coming year and that this program has basically been put in place as an alternative to expanding in-patient hospital care with its extraordinary escalation in ongoing costs; also advising that the Extra-Mural Hospital in Saint John is presently only involved with palliative care and, without this particular level of support service, many of these patients would not be well enough to be discharged from the traditional hospital to spend even a few days at home with their families --be received and filed and the Minister be thanked for his response and asked to provide more detail with respect to the cost of Extra Mural Hospital and whether or not such service duplicates that provided by the Victorian Order of Nurses and further that the Victorian Order of Nurses be requested to provide information regarding its service in the community. I I The Mayor suggested that the above matter could be a subject of discussion at the Cities of New Brunswick Association. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the N.B. Chapter of the Canadian Criminal Justice Association submitting a copy of a Provincial information pamphlet regarding the matter of compensation for victims of crime and r~questing Council to direct the Saint John Police ~ ,... <5 ~t 3 . I I . I . I I . .... Department to adopt a policy of informing each victim of crime with whom this Department interviews or comes into contact of the Victims of Crime Compensation Fund -- be referred to the Crown Prosecutor's Office. Councillor Schermerhorn, in proposing the above motion, expressed the understanding that the Crown Prosecutor's Office had a program during the summer months with regard to victim identification and communi- cation. Councillor Knibb asked if the Acting Chief of Police is of the opinion that the Police Department should distribute the above-mentioned pamphlet to which the Mayor replied that it is at his suggestion that this matter is being referred to the Crown Prosecutor's Office. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the letter from Mr. E. Cronk on behalf of a neighbourhood watch group, which was considered by Council- in open session on December 17, 1984, submitting a copy of a letter from Mr. C. Breen, Acting Chief of Police, in reply to Mr. Cronk's correspondence relating to the City's burglary problem and noting that the Police Department is making every effort through all the news media to make the public aware of the rash of burglaries in the City and that the Acting Chief of Police is of the opinion that Mr. Cronk's suggestion would be more of a hindrance than a help, and recommending that Mr. Cronk's letter be received and filed and he be thanked for his suggestion -- be received and filed and the recommendation adopted. At the request of the Mayor, Acting Chief of Police Breen read his above-mentioned letter which indicates that the proposal to use CFBC Radio for a daily City burglary report would not only be preferential treatment to only one part of the news media but would be more of a hindrance than a help to the efforts of the Police in trying to apprehend persons responsible as culprits would need only to listen to a news release to be aware of what areas of the City in which the Police Department is concentrating its labours and go to other areas of the City thereby creating even more of a problem in trying to apprehend the perpetra- tors. A brief discussion ensued during which time Acting Chief Breen commented on the success to date of the Police Department in apprehending persons performing burglaries in the City as well as the recovery of stolen property. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding a site for the log cabin which was constructed by junior high school students of School District Number 20 and donated to the City, which was discussed by Council in open session on December 17, 1984, advising that it was decided that the best location for the log cabin is the Reversing Falls Tourist Bureau and that it is proposed to transfer the log cabin to that site in May of 1985 and submitting a drawing which indicates the proposed location and advising that the site meets with the Superintendent of School District Number 20, Mr. Earle Wood's approval -- be received and filed and the location be approved. The Mayor noted that Council also requested information with regard to a location for an historic- type pharmacy as proposed by the New Brunswick Pharmaceutical Society and advised that, although she was of the opinion that Rockwood Park would be an ideal location for the log cabin, the Reversing Falls location would be better for security purposes. Councillor Flewwelling expressed the opinion that the Fort Howe area would be a better location for the log cabin as this area allows an excellent view of the City and is attractive as a tourist site. Question being taken, the motion was carried with Councillors Flewwelling and Poley voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that this meeting be adjourned and that Council meet in Legal Session. Question being taken, the motion was carried. Stk!l!,,{ YJ~M-r4 'mmon Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventh day of January, A.D. 1985, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, A. Vincent and M. Vincent - and - Messrs. N. Barfoot, Assistant City Manager - Administration; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Manage- ment; R. G. Riley, Chief of Police; R. McDevitt, Deputy Fire Chief; C. E. Nicolle, Director of Recreation and Parks; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend Wallace Corey of St. James Anglican Church offered the opening prayer. 574\ ~ On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, . held on December 27, 1984, be approved. Question being taken, the motion was carried. Her Worship the Mayor extended an expression of sympathy to the family of the late Mr. Bruce Melanson, an eighteen-year old native of Saint John, who died suddenly on January 4, 1985 in Oshawa, Ontario of cardiac arrest. The Mayor noted that the late Mr. Melanson has been a member of The Oshawa Generals of the Ontario Hockey League and was the number two pick of the New York Islanders in the June draft of junior hockey talent, which is considered quite a feat for a young person with only a rookie season behind him in the best major junior hockey league in Canada. 1 On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that a letter of condolence be forwarded to the family of the late Bruce Melanson. Question being taken, the motion was carried. I Her Worship the Mayor extended a message of sympathy to the family of the late Reverend Canon Joseph J. Hurley of Saint John, who passed away on December 31, 1984, and noted that Canon Hurley served as Principal of the Wiggins' Home For Boys for forty years, was a member and Past President of the Y's Mens Club and served the City of Saint John on the Saint John Horticultural Society. On motion of Councillor Davis Seconded by Councillor Flewwelling RESOLVED that a letter of condolence be forwarded to the family of the late Reverend Canon Joseph J. Hurley. . Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Mr. R. G. Riley, who commenced his duties as Chief of Police for the City of Saint John on January 1, 1985. The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from Low Density Residential to Light Industrial classification and (b) re-zoning the same parcel from "R-2" One- and Two-Family Residential to "I-I" Light Industrial classification, to permit the establishment of an auto body shop, as I requested by Ken's Auto Body Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the above property be redesignated in the Municipal Plan from Low Density Residential to Light Industrial classification and be re-zoned from "R-2" Residential to "I-I" Light Industrial classification subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act restricting the use of the property to an auto body shop. Mr. Brian Mosher, solicitor for Ken's Auto Body Ltd., appeared before Council in support of the proposed amendments and advised that, although his client was of the understanding that the property was properly zoned for the operation of an auto body shop as such an operation had existed thereon since the 1950s, when the building on this property was destroyed by fire and application made for a building permit, a modern building was constructed by the applicant on this property; however, such construction was completed without permission from the City as the applicant was anxious to keep his business in operation and keep his staff employed. Mr. Mosher noted that the problem of the applicant proceeding with the construction of the building was broached by the Planning Advisory Committee and that this Committee voted unanimously in favour of the amendments and that his client is in agreement with the proposed Section 39 re-zoning. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land I at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from Low Density Residential to Light Industrial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. 1 On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from Low Density Residential to Light Industrial classification, be read a second time. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". . ...1 ,... .52~ Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from "R-2" Residential to "I-I" Light Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act restricting the use of the property to an auto body shop, be read a first time. I Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning a parcel of land at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from "R_2i' Residential to "I-I" Light Industrial classification, subject to a resolution of Common Council pursuant to Section 39 of the ,Community Planning Act restricting the use of the property to an auto body shop, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seconded by Councillor Schermerhorn RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. I The Common Clerk advised that the necessary advertising was completed with respect to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to reclassify a parcel of land at 329 Lowell Street (L.R.I.S. Number 385526), containing an area of 8,500 sq.ft. with a frontage of 50 ft. located on the southern side of Lowell Street, from Low Density Residential to Light Industrial classification; and (b) re-zoning the same parcel of land from "R-2" One- and Two-Family Residential to "I-I" Light Industrial classification, to permit the existing building to be used for industrial purposes as requested by Trueman Morrow Ltd., and that letters of objection were received from Laurence Benson; Earle C. and Elizabeth E. Essensa; Harold and Nancy Floyd; Mr. & Mrs. Gerald S. Gilliland; Mr. & Mrs. Philip Goreham; Tyler Hillman; Mr. & Mrs. John Linton; Mr. & Mrs. Ted Lomax; Gerald J. and Rita McGinnis; Joseph H. and Agnes McLaughlin; Helen O'Keefe, Anne Yelle, David Yelle and Mildred Wilson; Ken and Colleen Steen; Palmer, O'Connell, Leger, Guerette, solicitors for residents of Lowell Street; and Alan H. Narrowmore. Consideration was also given to a letter from the Planning Advisory Committee recommending that the re-zoning application not be approved and that Council direct staff to determine if the subject site, as well as the properties at 321-323 and 333 Lowell Street are being used in conformity with the Zoning By-Law and, if necessary, the appropriate legal action be taken. . Mr. William Teed, solicitor for residents of Lowell Street, addressed Council in opposition to the above-proposed amendments and noted the presence in the Council Chamber of approximately sixty per cent of the residents. Referring to the above-noted correspondence opposing these amendments, Mr. Teed noted that the reasons for such opposition are included therein and that the key reason for their opposition is that persons who reside in this area do so because it is a residential area and they do not wish to see it slowly develop into a business area. Mr. Teed also noted that there have been certain business operations on Lowell Street, some of which he understands are contrary to the Zoning By-Law, and that the residents have tolerated the existence of such businesses and the traffic generated therefrom. Mr. Teed expressed the understanding that the subject application is the result of an agreement that Carp's Septic Tank Service Ltd. wishes to take over the building and circulated photographs which, in his opinion, demonstrate the additional traffic of large industrial trucks which are now on the sites, together with the trucks, debris, construction material, etc., which, although not on the site under discussion, exist on other sites in the area and are a cause of concern to the residents. Mr. Teed reiterated that the residents' concern is that this is a residential area and that, although the existing business operation is not the most conducive to such an area, the residents wish to maintain this area as a residential area and are not interested in having a business enterprise with heavy and continuous traffic movement therein. I . Mr. Peter Zed, solicitor for Trueman Morrow Ltd., appeared before Council in support of the above-proposed amendments and noted that, as indicated from information supplied by the City's Planning Branch, the entire Lowell Street area in 1960 was an industrial area with an amendment to the Zoning By- Law m~de by the City of Lancaster in 1960 to exclude certain portions of this street from the industrial classification to allow persons to construct dwellings on property which, prior to the amendment, had been industrial; however, the amendment very specifically excluded 329 Lowell Street, as well as a number of other addresses in the area which are assumed to have been established industrial concerns. Mr. Zed advised that Trueman Morrow Ltd. purchased the subject property in 1977 with the understanding that it was zoned for industrial purposes and added that there appears to be no record in the Planning Branch to indicate that 329 Lowell Street was re-zoned between 1960 and 1977, therefore, such property is still classified as an industrial property. Mr. Zed also advised that, in 1982 while this property was rented for use as a muffler shop, the tenant was served by the City's By-Law Enforcement Officer with a cessation order, which was the first indication that Trueman Morrow Ltd. had that the zoning was alleged to be "R-2" and not "I-I" as previously believed. Mr. Zed further advised that the building on this property was vacant from the fall of 1982 to the relatively present time during which time his client had been attempting to sell the property; however, persons were reluctant to purchase the property for a residential purpose in an area where a number of industrial uses exist, and that in October 1984 his client concluded an agreement for the sale of the property with Carp's Septic Tank Service Ltd. with the conditon that the light industrial re-zoning be obtained by Trueman Morrow Ltd. Mr. Zed commented briefly on the nature of the business carried out by Carp's Septic Tank Service Ltd. and summarized that there is no evidence that this property has formally been re-zoned from an industrial to a residential I .... 576 ~ classification and that, although a comprehensive Zoning By-Law was adopted by the City in 1983 which in effect would have re-zoned this property in any event, it is his contention that at no time was it the intent of the City of Saint John nor the City of Lancaster to re-zone this property from an industrial classification and that it appears to have been inadvertently re-zoned. Mr. 'Zed expressed the opinion that his client's application is not necessary as the property is still an industrial classification, never having been changed; however, should this prove to be in error which Council and staff must determine, the worst situation of his client is that this property was re-zoned inadvertently by either Lancaster or Saint John and that, if the latter is the case, Council is asked to take this into consideration when dealing with this application. Mr. Zed suggested' that, should the property be re-zoned subject to a Section 39 condition, and with the existence of the Unsightly Premises By-Law, the City could fully control the appearance of the property, and re- iterated that the property is either presently zoned for industrial purposes or was inadvertently zoned "R-2" through an error made by either the City of Lancaster or the City of Saint John as there is no evidence whatsoever that the zoning was ever intended to be changed to the present "R-2" classification. . I Matters pertaining to the past use of the property and Council's adoption of a comprehensive Zoning By-Law in 1983 were broached and Mr. Rodgers, replying to a query of Councillor Poley, requested that, in view of the fact that this is the usual type of application for re-zoningand his concern as to whether or not the application is redundant, this matter be referred for his study from the time of the City of Lancaster zoning to date and report to Council. On motion of Councillor Poley 1 Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred to the City ~olicitor for a report at Council's next meeting. Question being taken, the referral motion was carried with Councillors Flewwelling and A. Vincent voting "nay". Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land located at 665 Loch Lomond Road (L.R.I.S. Number 312801), containing approximately 27,000 sq.ft. with a width of 130 ft., from Low Density Residential to Light Industrial classification, . to permit re-zoning of the parcel to "I-I" Light Industrial classification so that it could be used for office and storage of siding, windows and other materials related to business carried on by "Insulcan Ltd.", as requested by Mr. Walter Peters. Public presentation was made of a proposed Municipal Plan amendment to redesignate a lot at 2 Ludlow Street (L.R.I.S. Number 365106), with a frontage of 100 ft. on Ludlow Street and 130 ft. on St. John Street, from Low Density Residential to District Centre Commercial classification, to provide for the re-zoning of the lot to "B-2" General Business classification, with requested text amendments, to permit the expansion of the existing club, the Royal Canadian Legion, as requested by the Royal Canadian Legion Carleton Branch No.2. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne advising that the Provincial Advisory Committee On Official Languages will be holding its public hearings on the recommendations of the Task Force Report, "Towards Equality of Official Languages in New Brunswick", in Saint John during the week of February 5, 1985, and submitting a copy of a letter from this Committee in this regard -- be received and filed. I The Mayor noted that the above hearings have been delayed for approximately one month and advised her intent to keep Council informed as to the date of the Saint John hearings and to provide Council members with a copy of the City's brief to presented at same. Councillor M. Vincent expressed concern with respect to comments attributed in a recent newspaper article to Mr. B. Poirier regarding costs of implementing the recommendations of the Poirier-Bastarache report. Question being taken, the motion was carried. . Consideration was given to a letter from Councillor Poley advising of an inquiry concerning the repair of a stairway leading from Burpee Avenue to Spring Street, which he understands was the subject of discussion by a previous Council and on which no action appears to have been taken, and proposing a motion that this matter be referred to the City Manager for a status report. Councillor Schermerhorn suggested that, in view of his understanding that staff is recommending a project in this area, which will include the above matter, as a number one priority for consideration in the 1985 Capital Budget, the motion should be to refer this matter for consideration in the 1985 Capital Budget. I On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that the above matter be referred for consider- ation in the 1985 Capital Budget. Question being taken, the motion was carried. Consideration was given to a letter from Councillor A. Vincent noting that at the Common Council meeting of October 29, 1984, he voted "nay" to the resolution appointing Mr. R. G. Riley as Chief of Police for the City of Saint John and proposing a motion that the appointment of Mr. Riley as Chief of Police be unanimous. 1 On motion of Councillor A. Vincent Seconded by Councillor M. Vincent RESOLVED that the appointment of Mr. R. G. Riley as Chief of Police for the City of Saint John be unanimous. Councillor A. Vincent advised that his "nay" vote on the above matter was not against Mr. . Riley but was indicative of his belief that such appointment should have come through the ranks of the Saint John Police Department and that, hopefully upon Mr. Riley's retirement from this position, there will be qualified personnel to choose from within the Department. Question being taken, the motion was carried. ~ ~ ~J] On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the statement of payments made during the month of November 1984 be received and filed. Question being taken, the motion was carried. Councillor A. Vincent asked that, in future, Council be provided with a list of codes in order to be able to determine to which departments the above expenditures are attributable. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract for the construction of the Works Garage extension, Rothesay Avenue, be awarded to the low tenderer, namely, Atlantic Building Contractors Ltd., in the amount of $121,475.00, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. I Mr. Robichaud, replying to Council queries, expressed the understanding that the Grandview Avenue facility is being fully utilized and that, temporarily, the expanded facility on Rothesay Avenue will be used to house staff who will be relocated from older woodframe structures in the area which will subsequently be demolished. Question being taken, the motion was carried. On motion of Councillor Knibb RESOLVED that as recommended by the for the supply and installation of a new sound system at the Lancaster Centennial O'Brien Electric Co. Ltd., in the amount of $11,686.00. Seconded b~ Co~ncillor Schermerhorn City Manager, the tender Arena be awarded to . Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the letter from the City Manager regarding the request of Caton Developments Limited for Council assistance in resolving an impasse with the Preservation Review Board with respect to this company's option to purchase the Ritchie building, 50 Princess Street, advising that, as was indicated at Council's meeting of Decembe~ 17, 1984, the Legal Department has given its opinion to the Preservation Review Board that the Certificate of Appropriateness could be transferred and that the Board dealt with this matter and approved the application of Caton Developments Limited thereby resolving the impasse -- be received and filed. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding the option of Caton Developments Limited to acquire the Ritchie building, 50 Princess Street, for the price of $3,500.00, such option having expired on December 31, 1984; advising that, due to difficulties encountered with plans on renovations to the building, this company was unable to exercise the option but feels it will be in a position to do so by the end of January 1985, and recommending that the option to sell the property at 50 Princess Street to Caton Developments Limited be extended to January 31, 1985 -- be received and filed and the recommendation adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". . On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a copy of a letter from Mr. W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management, regarding the transfer of assets of First L.D.H. Ltd. to Saint John Non-Profit Housing Inc., and recommending that Council approve the transfer of the assets of First L.D.H. Ltd. to Saint John Non- Profit Housing Inc. and also that Council authorize Saint John Non-Profit Housing Inc. to assume the third mortgage of $353,899.00 on Millidgefield Apartments, which is presently held by the City of Saint John -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Murray RESOLVED that as recommended by the City Manager, the following grants and transfers for which appropriation has been made in the 1985 budget be approved, the payment of which shall be by installment or otherwise, at the discretion of the Commissioner of Finance, during 1985:- Health Organizations Victorian Order of Nurses $ 4,000.00 . Welfare Organizations Salvation Army Family Services of Saint John Inc. Canadian Red Cross Society Saint John Human Development Council Saint John Volunteer Centre Inc. 2,000.00 12,000.00 8,000.00 20,000.00 3,100.00 Educational Grants University of New Brunswick 50,000.00 ~ 518 ~ Recreational and Cultural Services Lord Beaverbrook Rink Saint John Horticultural Association New 'Brunswick Museum Saint John Free Public Library Cherry Brook Zoo Clock Upkeep Senior Citizen Housing Young Women's Christian Association Saint John Boys & Girls Club Young Men's Christian Association New Brunswick Historical Society New Brunswick Youth Orchestra Loyalist Days Inc. Recreation Grants - Local Tournaments Recreation Grants - Out-of-Town Tournaments Unspecified Grants National Youth Orchestra Senior Citizens - Re Transit Senior Citizens Centre Rental Subsidies 95,000.00 85,000.00 44,500.00 620,100.00 80,700.00 625.00 16,500.00 5,500.00 80,100.00 32,000.00 1,000.00 800.00 65,000.00 5,000.00 5,000.00 35,000.00 200,00 50,000.00 9,500.00 40,000.00 . I Other Transfers Ambulance Service Animal and Pest Control Market Square Parking Saint John Parking Commission Saint John Transit Commission Market Square Administration Saint John Fundy Region Development Commission Inc. The Saint John Bicentennial Inc. Saint John Aquatic Centre Commission 230,000.00 135,000.00 1,847,200.00 90,000.00 1,712,700.00 238,300.00 69,000.00 191,500.00 500,000.00 I Councillor Knibb noted that the above grants total approximately $6.5 million with almost half of this amount being provided for facilities which will benefit the Greater Saint John area and he re-iterated his opinion that residents in the surrounding area should contribute to such expenditures. Councillor A. Vincent questioned the amount being provided for ambulance services and a brief discussion ensued during which time Deputy Mayor Davis, a member of the Saint John Regional Hospital Board, commented on this expenditure and the matter of varying Provincial contributions for ambulance services throughout the Province was broached. The Mayor suggested that this latter matter should be the topic of a discussion at the Provincial-Municipal Council and Cities of New Brunswick Association and Councillor A. Vincent suggested that Council should discuss same at the next meeting with the local Members of the Legislative Assembly. . Question being taken, the motion was carried. Consideration was given to a letter from the City Manager regarding the application of Debly Construction Ltd. for the re-zoning of property on the Likely Road, the public hearing for which was held on December 10 with no readings given and considered further on December 17, 1984 at which time this matter was tabled to allow staff to determine if the conditions of approval proposed by Environment New Brunswick were acceptable to the Federal Department of Fisheries; submitting copies of correspondence from the Department of Fisheries, Environment New Brunswick and the Planning Advisory Committee and noting that the Department of Fisheries appears to imply that the conditions of approval proposed by Environment New Brunswick are not adequte and that a representative from this Department plans to be in attendance at the January 7, 1985 Common Council meeting in the event Council wishes to pursue the concerns of this Department. I Consideration was also given to a letter from Debly Construction Ltd. (copies of which were distributed to Council members earlier this date), requesting that, based on the plans submitted by this company to the City and the opinions of the government officials noted herein, the re-zoning application be approved. . Councillor Knibb noted the presence in the Council Chamber of a representative of the Federal Department of Fisheries and suggested that he be invited to address Council at this time. Councillor Knibb also noted the presence at the meeting of Mr. Debly. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that a representative of the Federal Department of Fisheries be invited to address Council at this time. Question being taken, the motion was carried. 1 Mr. G. Farmer of the Federal Department of Fisheries in Halifax, N.S., addressed Council regarding the fish hatchery, which has existed since 1914 at the lower end of the Little River Reservoir, and commented on the number of persons employed at this hatchery and its activities in providing salmon and trout to various watersheds, local fisheries and Bay of Fundy agriculture industry. Mr. Farmer expressed concern about the water quality of the Little River Reservoir should the proposed gravel pit operation be permitted as this could result in suspended solids in the water supply which clogs fishes' gills and suffocates the eggs. Mr. Farmer cited locations where excess suspended solids in the water are presently a problem and advised that, since the City has ceased operation of gravel pits in the area concerned, the water quality is acceptable to the hatchery; however, if the water quality deteriorates and the loss of fish results, it is too late to remedy the situation. Mr. Farmer noted the presence at the meeting of Messrs. B. Haskill, Acting Manager of the Saint John Fish Hatchery, and B. Jollymore, Habitat Protection Engineer, and suggested that Council may wish to direct queries to them. I During ensuing discussion, Councillor Flewwelling asked if Debly Construction could bulldoze a bank around the area in question to serve as a protection to which Mr. Jollymore commented on the problems which could arise as a result of the elements and the build-up of excess water behind such a bank. Matters regarding the possibility of Debly Construction Ltd. operating a gravel pit in a different area of the same watershed and the possible effect the closure of the fish hatchery would have on employment in the area were broached. . ~ ,... ij(~ On motion of Councillor Schermerhorn . Seconded by Councillor Murray RESOLVED that as recommended by the Planning Advisory Committee, the application of Debly Construction Ltd. for a Municipal Plan amendment and re-zoning o~ property on Likely Road not be approved. Question being taken, the motion was carried with Councillors Flewwelling and A. Vincent voting "nai'. On motion of Councillor Schermerhorn I Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above-proposed amendmeNts be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding penalties for improper use of fire hydrants, which was discussed by Council on December 27, 1984 in adopting the policy with regard to private firms or individuals obtaining water from the City water system by way o~ fire hydrants; quoting Sections 17 and 57 of the Water & Sewerage By-Law, the latter being the enforcement section and providing for the maximum fine provided for under Section 100 (1) (c) of the Municipalities Act, such fine on summary conviction not to exceed $200.00 to a person who violates any provision of this By-Law; advising that, with respect to a hydrant on McAllister Drive which was referred to during the Council discussion, this is one of a number of hydrants in various areas of the City which is fitted with side gates to provide water for street-cleaning equipment from spring to fall and that private use of such hydrants will now be subject to the permit policy as approved by Council -- be received and filed. . Question being taken, the motion was carried. 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 I Your Committee begs leave to report that it sat on Thursday, December 27, 1984, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Schermerhorn, Vaughan and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to Common Council resolution of April 30, 1984 which authorized the sale of property on Manners Sutton Road to David M. Lunney with the understanding that the restrictive covenant of the land being used as a buffer zone or park would be removed within six months, Council adopt the recommendation of the City Manager that the necessary extension of an additional six months be granted to Mr. Lunney. 2. That as recommended by the City Manager and in consideration of the payment of one dollar ($1.00), the Mayor and Common Clerk be authorized to execute an easement in favour of Michael A. Foster and Carol A. Foster to permit encroachments of their building on the Old Adelaide Road and Visart Street, with such easement to terminate with the destruction or removal o~ the encroachments. . 3. That as recommended by the City Manager, Public Works Canada be advised that the Brodie building, 42 Princess Street, is not available for use by Parrtown Community Correctional Centre but that the City will be pleased to submit alternative locations for this group's consideration. 4. That with regard to the agreement with Super Slide Ltd., dated June 11, 1984 respecting a waterslide facility at Rockwood Park, Council adopt the recommendation of the City Manager that Super Slide Ltd. be permitted to exchange a general performance bond issued by a local insurance company of the equivalent value of $5,000.00 ~or the cash bond this company has already deposited with the City of Saint John with respect to this company's obligations under this agreement. I 5. That as recommended by the City Manager, two parcels of land on Sandy Point Road containing approximately 828 square feet be purchased from Mrs. Florence Hachey, in the amount of $900.00 in full settlement, such land being required for the improvement of Sandy Point Road and the North/South Arterial. January 7, 1985, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air ill a n. On motion of Councillor Knibb 1 Seconded by Councillor Schermerhorn RESOLVED that section 1 of the above report be adopted. '." Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillors Flewwelling and Knibb voting "nay". ... 580 ~ CQuncillor Poley proposed a motion that, in view of Council's previous consideration in Committee of the Whole of another proposal with respect to the Brodie building, the City Manager and staff should be instructed to pursue this proposal, that being an offer made by Mr. and Mrs. James McCubbin. Councillor Knibb suggested, however, that Council should first ensure that action is taken to retain the Parrtown Community Correctional Centre in Saint John whereupon Councillor Poley withdrew his proposed motion. On motion of Councillor Knibb Seconded by Councillor Poley RESOLVED that the City Manager be instructed to meet immediately with Mr. R. H. Smith of Parrtown Community Correctional Centre in an attempt to locate premises in the City for this Centre. Question being taken, the motion was carried. Mr. Todd, replying to a query of Councillor Poley, addressed the matter of the proposal of James and Lorna McCubbin with respect to the Brodie building, which was the subject of a letter to Council in Committee of the Whole on December 10, 1984 and discussed further in Committee of the Whole earlier this date, such option being to purchase the Brodie building for the price of $88,000.00 with the option to submit a proposal to the City with respect to the Old City Hall building within sixty days, or by February 28, 1985, and that the Brodie building would not be sold to the McCubbins until such time as a satisfactory arrangement has been reached with regard to the Old City Hall building. On motion of Councillor Poley Seconded by Councillor Knibb RESOLVED that the property at 42 Princess Street, known as the Brodie building, be sold to James and Lorna McCubbin under the following terms and conditions: (1) the purchase price to be $88,000.00; (2) the McCubbins be given an option to purchase for this price on or before February 28, 1985, and (3) before title to the property is transferred,negotia- tions to be completed for the sale to them of the Old City Hall building. The Mayor requested that, should the above motion be approved, staff deal immediately with locating premises for the Yough Division, which is currently housed in the Brodie building, and Councillor A. Vincent suggested that, in view of the City having expended approximately $200,000.00 on the Brodie building, Council should not be too hasty in accepting a proposal as there is a possibility that other groups may be interested in acquiring this building and he expressed the opinion that the City is obligated to find alternate premises for the tenants of this building. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhoru Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from Mr. Louis E. Murphy, Member of the Legislative Assembly for Saint John Harbour, expressing appreciation for the Louis E. Murphy Overpass having been named in his honour; suggesting that the corner when leaving the Overpass to turn on to Milford Road needs to be more rounded as, at present, it requires a vehicle to make an almost 90 degree turn, and also suggesting that, as during the last heavy rainfall a large amount of water accumulated on the road just before the approach to the Overpass towards Dever Road which was requiring vehicles to transfer from one lane to another to avoid the deeper part of the water, should be investigated and the necessary corrective action be taken -- be received and filed and the suggestions therein be referred to the City Manager for a report to Council. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting.) On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the Board of Commissioners of the Saint John Regional Hospital expressing appreciation for the resurfacing of Sandy Point Road leading to the Hospital and requesting Council to continue its efforts to have the North/South Arterial completed as soon as possible -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from Holland House Inc., which is a non-profit organization for educational purposes, suggesting that the City could generate more economic activity on an annual basis by capitalizing on its local history and indicating two examples of activities which could be held in this regard -- be referred to The Saint John Bicentennial Inc. Question being taken, the motion was carried. . I I . I . 1 I . ..... "... 5tH On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. John F. "Lofty" MacMillan, President of Clan MacMillan in North America, commending Council for its action in preserving the Admiral Beatty Hotel, which is a Saint John landmark; requesting that a plaque be placed, or an area be designated, in the building in the name of Mr. E.B. Sweeney who was so much a part of the Admiral Beatty, and suggesting that during the 1986 Tattoo the City of Saint John should invite all Scottish Clan organizations to gather at that time be referred to The Saint John Bicentennial Inc. and Mr. MacMillan be thanked for these suggestions. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the notices from the Liquor Licensing Board advising that the application of Ken Morris Enterprises Limited for a dining room and lounge license and of B. & C. Productions Ltd. for a beverage room license, with respect to premises at 400 Main Street, were to be heard on January 4, 1985 -- be received and filed. I Question being taken, the motion was carried. The Mayor advised that it has been brought to her attention that, in the area of the Saint John Fish Hatchery on Likely Road, approximately seventeen vehicles have been found in one pond and she suggested that the Police Department should investigate this matter. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. . Question being taken, the motion was carried. VkAr W VL/rird mmon Clerk At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the fourteenth day of January, A.D. 1985, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor I Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent - and - . Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; M. Zides, Commissioner of Community Planning and Development; M. Winch, Deputy Commissioner of Community Planning; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; R. McDevitt, Deputy Fire Chief; T. Totten, Deputy Commissioner of Finance; J. Gallagher, Chief Accountant; E. LeBlanc, Insurance Co-Ordinator; J. Johnson, Building Inspector; J. Brownell, Assistant Director of Recreation; and Miss M. Conley, Administrative Assistant to the Mayor. Reverend John Nesbitt of the Church of St. Andrew and St. David offered the opening prayer. On motion of Councillor Flewwelling I on January 7, 1985, be approved. Seconded by Councillor M. Vincent RESOLVED that minutes of the meeting of Common Council, held Question being taken, the motion was carried. Her Worship the Mayor noted that the letter from Mr. John F. "Lofty" MacMillan, which was considered at Council's last meeting, included a photograph of several former Saint John mayors and councillors and advised that this photograph will be available at the Common Clerk's Office for persons who may wish to see it following which it will be returned to Mr. MacMillan. I Her Worship the Mayor expressed appreciation to the members of the Kiwanis Club who, as did the members of the Rotary Club in another instance several months ago, responded to a request through her office for financial assistance for a young man in the community, namely, Randy Parsons, who was in need of medical assistance. Her Worship the Mayor noted the presence in the Council Chamber of a representative of the Brownies, Girls Guides and Path Finders, and read a proclamation proclaiming that the City is now commencing the celebrations of the 75th anniversary of the Girl Guides of Canada in the City of Saint John. At the request of the Mayor, Mrs. Margaret Desaulnier, Fundy Division Commissioner of the Girl Guides, addressed Council and briefly commented on the activities of the Girl Guides and their special projects for 1985. . Deputy Mayor Davis, replying to a query of the Mayor, expressed the understanding that the liquor license applied for by the Aquatic Centre is required for the opening ceremonies scheduled for January 17, 1985 and that it is a temporary permit only with no consideration having been given to such a license on a permanent basis. $82 ~ Deputy Mayor Davis extended a message of sympathy to the family of the late Judge Benjamin R. Guss, Q.C., of Saint John, who passed away on this date. On motion of Councillor Davis Seconded by Councillor Poley RESOLVED that an expression of sympathy be extended to the family of the late Benjamin R. Guss, Q.C. Question being taken, the motion was carried. (Her Worship the Mayor withdrew from the meeting whereupon the Deputy Mayor assumed the Chair.) Councillor Schermerhorn suggested that an item regarding the re-opening of the former pool room at 99-101 Charlotte Street West (copies of which Were forwarded to Council members as an information item), be added to the agenda for consideration at this meeting. On motion of Councillor Schermerhorn Seconded by Councillor Poley RESOLVED that the above item be added to the agenda for consideration at this meeting. Question being taken; the motion was carried. On motion of Councillor Gould 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. Simpson Drive Sewer W. A. C. Excavators Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated December 24, 1984 $110,493.00 105,780.77 3,000.00 88,258.70 $14,522.07 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager submitting a summary of each of the five classes of the City's insurance, namely, fire, fleet, boiler and machinery, comprehensive general liability and professional errors and omissions, which shows comparisons with prior years together with a statement indicating the 1985 budget provision; advising that, of the twenty companies invited to tender on the fire, fleet and liability insurance, only the Commercial Union Assurance Company of Canada responded, with two quotes having been received for professional errors and omissions insurance and three quotes having been received for the boiler and machinery insurance; and recommending that, based on advice from the City's brokers and Mr. Emery LeBlanc, Insurance Co-Ordinator for the City, the insurance coverage for the year 1985 for the City of Saint John covering fire, fleet, comprehensive general liability and boiler and machinery be awarded to Commercial Union Assurance Company of Canada, and further that the insurance coverage for professional errors and omissions be awarded to Simco and Erie General Insurance Company for the year 1985 -- be received and filed and the recommendation adopted. Discussion ensued during which time Councillor Vaughan expressed concern that there have been claims made by citizens to the City for property damages, which in her opinion were the responsibility of the City, however, the persons concerned were notified by the City's insurers that the City was not liable for such damages. Councillor Vaughan added that she is of the opinion that the City does not have the insurance coverage it should to cover such situations to which Mr. Wilson noted that one of the functions of the City's insurers is to determine if the City is negligent in such cases and that, although Council is apprised of only unsettled cases, the City receives quarterly reports from its insurers which indicate that, with respect to all three types of insurance, there is a fair number of cases which are looked after by the insurance company concerned. Councillor Poley asked if the indication in the submitted correspondence, to the effect that one of the conditions of accepting the all risk insurance is that all City property will be inspected in 1985 by the insurers, could mean that there is a possibility that, upon such inspection, all risk coverage could be denied for various reasons on certain City properties to which Mr. Wilson expressed the understanding that such inspections are more related to property values and that, under all risks insurance, the City has added certain coverage, such as basements, and that, although inspections of property could result in increased value, he is unaware of any Question of the City losing protection as a result of such inspections. Mr. Wilson concurred with Councillor Poley's observation that the City's acceptance of all risk coverage would result in all City properties having this coverage with the exception of the City Market building. With respect to fire insurance coverage, Mr. Wilson confirmed Councillor M. Vincent's observation that, although Commercial Union Assurance Company of Canada is acting as a broker for the City, other companies will assume part of the underwriting on a subscription basis. Councillor Gould asked what is being excluded from the City's umbrella coverage insofar as sewer backup is concerned to which Mr. Wilson explained that, in the general liability area, the City has two policies, one being a primary policy which gives the City a limit of $1 million and that sewer backup is included in this policy; however, in the umbrella policy which gives the City an additional $9 million worth of protection, in 1985 the insurance company has not agreed to extend coverage beyond the $1 million with respect to sewer backup. Discussion continued regarding damage claims against the City and Mr. Wilson advised that, although he is uncertain whether there is insurance to protect the City in cases where damage occurs but no negligence is found on the part of the City, this Question could be referred to the insurance company and that staff could prepare a report on this matter and he added that, to his knowledge, the City's liability policy is no different from those written for other municipalities. Councillor Knibb asked if, in view of the cost of $25,667.00 for professional errors and omissions coverage, there has been any error or omissions on the part of City staff in the approximate two years the City has carried such coverage to which Mr. Wilson replied that one claim is currently being pursued under this policy. Discussion continued during which time Mr. Wilson noted that the above letter indicates that the City is being quoted better insurance rates for 1985 than in 1984 and that the . I 1 . I . 1 I . ~ ~ ~~~ . 2.6% increase in auto coverage is indicative of the premium increases in the auto industry in general and that the liability and fire rates have decreased. Luring discussion it was noted that the total cost of the City's 1985 insurance coverage is $318,279.00 and, upon Councillor M. Vincent's suggestion that the City's insurers and adjusters should be invited to address Council regarding the City's insurance coverage, the Mayor asked the City Manager to arrange such a meeting and suggested that the City's insurers should meet with Mr. Robichaud regarding the City Market building in view of the recent repairs to this building. (Her Worship the Mayor re-entered the meeting during the foregoing discussion and re- assumed the chair.) I Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Vaughan RESOLVED that the matter of claims for damages against the City in which no negligence is found by the City's insurers be referred to the City Manager and appropriate staff for a report and recommendation. Question being taken, the motion was carried. I Consideration was given to a letter from Mayor Wayne regarding the standing Council Committees established by Council on June 13, 1983 for Community Planning and Development, Finance, Personnel, Protection and Engineering and Works, advising her intent to review the Council representation on these committees with a view to rotating Councillors so that they can all become familiar with the operations of the different City departments and requesting within the next week a year-end report from the Chairman of each committee. On motion of Councillor Schermerhorn . Seconded by Councillor Gould RESOLVED that the above letter from Mayor Wayne be received and filed with the Chairman of each Council Committee to submit a year-end report to the Mayor within the next week. Councillor Schermerhorn, in proposing the above motion, suggested that the chairmen of these Council Committees should also include in their reports their recommendations for how these Committees can best function. Question taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that in accordance with the recommendation of the City Manager and Building Inspector, approval be granted for acceptance of a performance bond in the amount of $4,000.00 for the guarantee of rehabilitation of the gravel pit on Hillcrest Road, which is owned by Debly Construction Ltd. Question being taken, the motion was carried. On motion of Councillor Murray . Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding suggestions of Mr. Louis E. Murphy, M.L.A., concerning the Louis E. Murphy Overpass area, which were considered at Council's meeting of January 7, 1985; advising that, with respect to Mr. Murphy's suggestion that the intersection of Milford and Greenhead Roads should be more rounded, staff is preparing an estimate based on a minor widening of Milford Road in this area, which is anticipated to cost approximately $15,000.00 and being recommended for inclusion in the 1985 Capital Program, with the question of cost sharing to be pursued further with the funding authority as part of the Church Avenue Overpass project; and also advising that, with regard to the matter of the ponding of water on Greenhead Road just south of the actual Overpass structure, such flooding was caused by a blockage of a catch basin top with litter and debris and that there is no lack of capacity in the storm sewer system itself -- be received and filed and a copy be forwarded to Mr. Murphy for his information. .t Question being taken, the motion was carried. I Consideration was given to a letter from the City Solicitor regarding the application of Trueman Morrow Ltd. for a Municipal Plan amendment and re-zoning of property at 329 Lowell Street, the public hearing for which was held on January 7, 1985 with no readings having been given, advising that, with regard to the issue of the correct zoning designation of the lands in question which requires an examination of the zoning history of the lot from approximately 1960 to the present time, such examination has proved to be more time consuming than originally anticipated and that the results of the Legal Department's investigation will be reported to Council at its next meeting. I Consideration was also given to a letter from Palmer, O'Connell, Leger, Guerette, solicitors for residents of Lowell Street, responding to certain questions which were presented to Mr. Peter Zed, solicitor for Trueman Morrow Ltd., at Council's last meeting and strongly urging Council to adopt the recommendation of the Planning Advisory Committee to reject the re-zoning application and that staff be directed to ensure that 321-323 and 333 Lowell Street are being used in conformity with the Zoning By-Law and, if necessary, that the appropriate legal action be taken. Consideration was also given to a letter from Mr. Louis E. Murphy, M.L.A., Saint John Harbour, supporting the residents of Lowell Street who are opposing the above-noted Municipal Plan amendment and re-zoning application and requesting that the wishes of the residents of Lowell Street be respected and that the application be refused. . Consideration was also given to a letter from Leonard Roofers and Metal Workers Ltd. submitting background information regarding the above matter and expressing the opinion that the location, topography and the limited use of the land in question precludes covering or obscuring industrial operations from the residents in such close proximity. ~ '584 ""'IIIl Councillor Gould proposed a motion that the above matter be tabled for one week until the City Solicitor has an opportunity to report fully to Council. Mr. Rodgers advised that, since the above report was prepared, the Legal Department has researched the above matter to the best of its ability and that, because of the fact that the zoning map of the former Lancaster area is missing, the Legal Department is unable to give an opinion on whether or not the property is zoned for industrial purposes as was suggested by Mr. Peter Zed, solicitor for the applicant. Mr. Rodgers suggested that Council should proceed with this application and, should the property be re-zoned, the matter will be settled and, should the re-zoning be denied, Mr. Zed may wish to take some action to have the court deal with the matter to establish what he has suggested insofar as the zoning of this property is concerned. Mr. Rodgers added that, with regard to his latter comment, this is not in any way to indicate that the court will criticize anyone but rather that it is a question of the possibility of the court being the only one able to resolve the matter as to whether or not the property is of an industrial zoning, if the Council does not proceed with the re-zoning. . I On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, the application of Trueman Morrow Ltd. for a Municipal Plan amendment and re-zoning of property at 329 Lowell Street not be approved. I Councillor Poley expressed concern with, in view of the above property having been operated and utilized for many years as an industrial area, the ability of the owner to sell this property as a residential property, and advised that, on the basis of the above letter and the correspondence considered at Council's last meeting which indicates to him that the property was, in fact, zoned for heavy industrial purposes in the former City of Lancaster and regardless of whether or not the map is missing, he is unable to support the above motion. Councillor Poley added that it appears to him to be an unfortunate situation for the applicant to have operated the property for many years and to have purchased the property prior to that from another industrial concern to now find out that, through inadvertence or whatever means, it appears to be residential. Councillor Schermerhorn noted that the Planning Advisory Committee recommendation included that staff be directed to determine if the subject site as well as the property at 321, 323 and 333 Lowell Street are being used in conformity with the Zoning By-Law and, if necessary, that the appropriate legal action be taken, and asked if it is possible, in view of the Legal Department's research, to proceed with such action. Mr. Rodgers advised that, although he can foresee problems with respect to prosecution, this is a point that will be examined and that the Legal Department will continue its research and attempt to locate the map. Councillor Schermerhorn asked if it is the intent .to include this directive in the proposed motion to which Councillor Knibb expressed the understanding that Council is dealing with what land use should be made of the property in question and the advice of the Planning Advisory Committee respecting same. . Question being taken, the motion was carried with Councillor Poley voting I "nay". On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the above correspondence regarding the application of Trueman Morrow Ltd. for a Municipal Plan amendment and re-zoning of property at 329 Lowell Street be received and filed. Question being taken, the motion was carried. On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a parcel of land at 155 Sandy Point Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., from Low Density Residential to Light Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. . The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. (Councillor Schermerhorn withdrew from the meeting.) 1 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "By-Law Number C.P. 100-22 A Law To Amend The Zoning By-Law' Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land at 155 Sandy Point 'Road (L.R.I.S. Number 23937), having a frontage of 50 ft. on Sandy Point Road and a depth of approximately 337 ft., :from "R_2" Residential to "1-1" Light Industrial classi:fication, be read a third time and enacted and the Corporate Common Seal be affixed thereto: I AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be on the condition that the use of the property be restricted to an auto body shop. The by-law entitled, "By-Law Number C.P. 100-22 A Law To Amend The Zoning By- Law Of The City Of Saint John", was read in its entirety. . .... ,.... ..&HHp (Councillor Schermerhorn re-entered the meeting.) . Question being taken, the motion was carried. The Common Clerk advised that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of Mr. Daniel Lavigne have been completed and that the required waiting period for objections expired on January 9, 1985 with one written objection having been received. On motion of Councillor Knibb I Seconded by Councillor Schermerhorn RESOLVED that the application of Mr. Daniel Lavigne for a Municipal Plan amendment anq re-zoning of property at 124 Victoria Street 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 helq on February 18, 1985. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded by Councillor Gould RESOLVED that the letter from Ida D. McElman of 169A Victoria Street, noting that her property is on the opposite side of Victoria Street between 124 and 116 Victoria Street, and indicating her reasons why the building at 124 Victoria Street should not be re-zoned -- be received and referred to the Planning Advisory Committee for consideration. Question being taken, the motion was carried. 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 begs leave to report that it sat on Monday, January 7, 1985, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Knibb, Murray, Poley, Schermerhorn, Vaughan, A. Vincent and M. Vincent and your Committee submits the following recommendations, namely:- 1. That Touche Ross & Partners be engaged by the City to conduct an executive search for a City Manager for the City of Saint John in accordance with the proposal submitted by this company. I 2. .That the Freedom of the City be conferred on the HMCS Brunswicker Naval Reserve Unit, in recognition of the 75th Anniversary of the Naval Service of Canada. 3., That as recommended by The Saint John 1985 Canada Summer Games Society, Inc., the following resolution be adopted, namely:- "RESOLVED that by reason of a vacancy as a result of the death of Evan A. Trites and in accordance with the Letters Patent of The Saint John 1985 Canada Summer Games Society, Inc. requiring appointment by Council of the Chairman of the Board of Governors of the Society, James A. MacMurray be appointed Chairman of the Board of Governors of the Society for the duration of Mr. Trites' term and for a further term of one year from April 1, 1985 to March 31, 1986: . AND FURTHER that the following members be reappointed to the Board of Governors of The Saint John 1985 Canada Summer Games Society, Inc., namely: George D. Bouchard, Ralph B. Brenan, Simon L. Bujold, John G. Burchill, Abraham M. Calp, D. Chester Campbell, Dr. Thomas J. Condon, R. Roy Currie, David A. Ganong, Donald G. Hickingbottom, Dr. R. Glencross Macdonald, Dr. Guy R. MacLean, Andrew McArthur, Arthur L. Pottle, Edward Reevey, Thomas S. Simms, Jr., Reginald A. Sinclair, William H. R. Smith, Edward D. Stephenson, James A. Stewart, George T. Urquhart, Earle W. H. Wood and Alan Young, effective April 1, 1985 to March 31, 1986.". 4. That as recommended by the Tourism Advisory Committee, which was appointed by Council resolution of May 14, 1984 for a term of one year, the term of the said Committee be for a period of two years, the present membership of the Committee being Frank McCarey, Barry Alston, John Sharp, Shirley McAlary, Gregory Maguire, William Robinson and Reginald Sinclair: I AND FURTHER that the membership of the Tourism Advisory Committee be increased to nine members and Messrs. Thomas Simms and Kenneth Clark be appointed to the Committee. 5. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the Supplementary Agreement to the 1970 Leave and License Agreement with the Department of National Defence with respect to the water line which crosses the Barrack Green Armoury property. I 6. That as recommended ,by the City Manager, the City acquire from Turnbull Real Estate a parcel of land lying south of the North/South Arterial and segregated from the remainder of their property by the road, such parcel having an area of 2.43 acres, shown as parcel Z-l on the subdivision plan of North/South Arterial requirements from Turnbull Real Estate and having been included in the price of $6,500.00 paid previously by the City to this company in accordance with Common Council resolution of September 7, 1982, and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 7. That as recommended by the Nominating Committee, the following persons be appointed to the Board of Commissioners of the Saint John Free Public Library, for a three-year term from January 1, 1985:- Mrs. Erminie Cohen, Mr. John Edwards, Mr. Henry Meinhardt and Mr. Lawrence M. Machum, Q.C. 8. That the following persons be appointed to the Environment Committee for a two-year term from January 1, 1985: Mr. Eric L. Teed, Q.C., Mrs. Jane Arseneau and Mr. Bruce A. Peacock. . .... 596 .., 9. That the following persons be appointed to the Planning Advisory Committee for a three-year term from January 1, 1985: Messrs. William J. Dolan, D. Ronald Lynch and James L. McDonald. . 10. That as recommended by the City Manager and in accordance with Common Council resolution of November 19, 1984, the brief prepared by the Deputy Commissioner of Community Planning, pertaining to Bill 93, An Act to Amend the Business Improvement Areas Act, be approved and that authority be granted for its submission to the Law Amendments Committee with members of Council and/or staff to present this brief to the Committee. II. That with regard to the 2nd Annual Pepsi-Cola Black Knight Atlantic Open Badminton Championships, to be held in Saint John on January 25 to 27, 1985, a grant in the amount of $450.00 be approved. January 14, 1985, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I On motion of Councillor Schermerhorn Seconded by Councillor Murray , RESOLVED that section 1 of the above report be I adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 2 of the above report be adopted. The Mayor advised that the formal presentation of the above conferment will be made on April 13, 1985. . (Councillor Gould withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the portion above report regarding the appointment of a Chairman of the Board of Games Society be adopted. of section 3 of the Governors of the Canada Question being taken, the motion was carried. I On motion of Councillor M. Vincent Seconded by Councillor,Schermerhorn RESOLVED that the portion of section 3 of the above report regarding the reappointment of members to the Board of Governors of the, Canada Games Society be adopted. Question being taken, the motion was carried., (Councillor Gould re-entered the meeting. ) On motion of Councillor Knibb . Seconded by Councillor Schermerhorn RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 5 of the above report be adopted. 1 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 6 of the above report be adopted. On motion of Councillor Gould I Question being taken, the motion was carried. Seconded by Councillor Schermerhorn RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that section 8 of the above report be adopted. ~ ~ 587 . The Mayor requested a report from the City Manager regarding the status of discussions between the Environment Committee and the Canada Games Society with respect to beautification of the City for the 1985 Canada Summer Games. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that section 9 of the above report be adopted. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that section 10 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb , I Seconded by Councillor Murray RESOLVED that section 11 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb . Seconded by Councillor Flewwelling RESOLVED that as recommended by the Grants Advisory Board, Council approve grants to the following organizations which are hosting events in the City of Saint John during 1985, that each organization be notified that such assistance shall be given on the understanding that it is to be used to sponsor a meal function at which time the City's contribution would be appropriately recognized and that the Commissioner of Finance be authorized to make payment to the organization in question only after the event has been held and attested to by the Director of Tourism and Public Relations:- (1) Flowers Canada - national convention September 6 to 10 - $900.00; (2) Canadian Insurance Women's Association - national convention June 6 to 8 - $600.00; (3) The Boys and Girls Clubs of Canada - national convention April 18 to 20 - $750.00; (4) The Heritage Canada Foundation - annual conference October 2 to 6 - $600.00; (5) United Way of Canada Leadership Conference - national conference June 1 to 3 - $900.00; (6) Canadian Postmasters and Assistants Association - regional conference May 8 to 11 - $600.00; (7) Canadian Public Relations Society - national conference June 24 to 27 - $750.00; (8) Kiwanis - Eastern Canada & Carribean - annual conference July 31 to August 3 - $2,500.00; (9) Industrial Developers Association - national conference September 15 - $900.00; (10) Saint John Bicentennial Hamfest '85 - Atlantic convention October 18 to 20 - $600.00; (11) Canadian Public Health Association - national convention June 24 to 27 - $1,500.00; (12) Canadian Citizenship Federation - national convention April - 450.00; (13) N. B. Principals & Vice Principals Council - national conference May 8 to 10 - $1,000.00; (14) Standards Council of Canada - national meeting June 6 - $200.00; (15) Canadian Blackbelt Championship - national championship June 13 to 16 - $900.00; (16) Saint John Area Jaycee Senators - national convention April 26 to 28 - $300.00; (17) N. B. Qperating Room Nurses - regional conference October 20 to 23 - $600.00; (18) Canadian Ski Association - N. B. Division - national convention June 12 to 15 - $600.00; and (19) Knights of Columbus - Provincial conference May 17 to 20 - $1,000.00: I AND FURTHER that as recommended by the Grants Advisory Board, the following applications for grants be denied:- (1) International Institute for 'Conservation, Canadian Group; (2) The Rocca Group Market Sauare Development Limited regarding the Town Crier Competition; (3) Canadian Association of Festivals & ~ents; (4) Multiculturalism Association of Saint John; (5) Saint John Vocational School Alumni; and (6) Saint John Bicentennial Hamfest '85 Committee. . Councillor Murray, Chairman of the Grants Advisory Board, thanked Council for its support of the efforts of this Board, which is composed of Mr. Totten and Ms. Y. Huntington-LeBlanc, Director of Tourism and Public Relations, and advised that grant applications received both before and after the deadline for submission were reviewed, realizing that this is the first year a deadline was established for grant application. Councillor Murray added that, having studied the magnitude of the conventions concerned, the number of delegates, length of stay in the City and the impact anticipated, the Board arrived at a formula by which to assign grants. Replying to a query of Councillor M. Vincent, Councillor Murray advised that the grant applications which were denied did not meet the established guidelines. Question being taken, the motion was carried. I Consideration was given to a letter from the Saint John Preservation Review Board regarding the delay in the issuance of a Certificate of Appropriateness for the Ritchie building, which was discussed at Council's meeting of January 7, 1985, submitting copies of correspondence in this regard and advising that the delay occurred because the Board still does not have legal counsel at its meetings and has not had such counsel since Ms. P. O'Reilly left the City's employ one year ago and also that the proposal of Caton Developments Limited was not complete. 1 A motion was proposed by Councillor Schermerhorn and seconded by Councillor Knibb that the above letter be received and filed. Mr. Rodgers, in response to the Mayor, explained that discussions between the Board and a representative of the Legal Department resulted in an opinion to which he referred at Council's meeting of December 17, 1984. Councillor Gould, a member of the Preservation Review Board, noted that the Board is desirous of having legal counsel in attendance at its meetings and Mr. Rodgers advised that he would look into this matter to determine if a lawyer can be made available for meetings of this Board, if necessary. The Mayor suggested that the above letter should be received and filed with the City Solicitor requested to submit a report on the matter of legal counsel at the meetings of this Board. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Preservation Review Board regarding the delay in the issuance of a Certificate of Appropriateness for the Ritchie building and the lack of legal counsel at meetings of this Board -- be received and filed with the City Solicitor~to submit a report on the matter of legal counsel at meetings of this Board. Question being taken, the motion was carried. .... 588 ., On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the letter from the Historic Sites and Events Committee regarding a presentation made by Mr. Harold Wright with respect to Partridge Island, requesting Common Council to make representation to the Province of New Brunswick through the Minister of Historical and Cultural Resources, The Honourable Jean-Pierre Ouellet, and to The Honourable Gerald S. Merrithew, Federal Minister of State for Forestry, to ascertain their interest in co-operating in the development of Partridge Island, and submitting a copy of a letter from the Premier of New Brunswick and from The Honourable Mr. Merrithew in this regard -- be laid on the table until Council has the opportunity to determine the City's priorities for government funding. . I Question being taken, the tabling motion was carried with Councillor M. Vincent v..oting "nay". The Mayor asked that the City Manager arrange a meeting in the near future concerning the City's long-range financial plans, as well as priorities insofar as tourism etc. is concerned. On motion of Councillor Schermerhorn 1 Seconded by Councillor Flewwelling RESOLVED that the memorandum from the Federation of Canadian Municipalities inviting the submission of appropriate resolutions on subjects of national municipal interest for debate at the 1985 Annual Conference to be held in Calgary, Alberta from June 2 to 6, 1985, such resolutions to be accompanied by proof of Council's endorsement and to be received by the FCM's Secretariat no later than Friday, March 15, 1985 -- be referred to the City Manager for a report to Council in two weeks. Question being taken, the motion was carried. . On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that authority be granted for payment of the invoice from the Federation of Canadian Municipalities, in the amount of $5,636.47, representing membership in the FCM for the period from April 1, 1985 to March 31, 1986. Councillor Knibb noted that the above invoice represents an increase of $.01 increase per capita over the 1984 membership rate and asked the monetary difference in total to which Mr. McDermott replied that the difference is approximately $800.00. Question being taken, the motion was carried. 1 On motion of Councillor Murray Seconded by Councillor Schermerhorn RESOLVED that authority be granted for payment of the invoice from the Cities of New Brunswick Association, in the total amount of $9,263.00, representing 1985 Association dues and the Provincial-Municipal Council warrant, in the amount of $1,537.00 and $7,726.00, respectively. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Murray RESOLVED that authority be granted for payment of the invoice from the Research and Information Centre, in the amount of $5,000.00, representing membership dues for 1985. . A brief discussion ensued regarding the benefit derived from membership in the Research and Information Centre and whether or not the Cities of Moncton and Fredericton hold memberships in this Centre. Question being taken, the motion was carried with Councillors Flewwelling and M. Vincent voting "nay". On motion of Councillor Knibb I Seconded by Councillor M. Vincent RESOLVED that the letter from Hayward and Warwick Limited complaining about the lack of Police presence on the block bounded by Germain, Princess and Charlotte Streets, expressing the opinion that increased patrol coverage of the uptown commercial area would reduce the frequency of break and enters via breakage of plate glass windows and requesting that every step be taken to increase nighttime patrols by the Police -- be referred to the Chief of Police for his advice. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor Gould RESOLVED that the application of the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for re-zoning of property on Manchester Avenue, 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 beheld on February 18, 1985. . Question being taken, the motion was carried. ~ ,.... 589 On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the copy of the petition regarding the reopening of the former pool room at 99-101 Charlotte Street West, objecting to this disturbance in an otherwise harmonious neighbourhood -- be referred to the City Manager for a report in two weeks. Question being taken, the motion was carried. I The Mayor asked that the letter from the City Manager regarding the Tenants' Association meetings at Market Square and the City representation thereat (copies of which were forwarded to Council members as an information item), be added to the agenda for consideration at this time. On motion of Councillor Flewwelling consideration at this time. Seconded by Councillor Schermerhorn RESOLVED that the above item be added to the agenda for Question being taken, the motion was carried. I The Mayor noted that the above letter is in response to Councillor Vaughan's query in open session on December 27, 1984, and asked who represents the City with respect to the Parking Garage and Trade and Convention Centre at these meetings. Mr. McDermott replied that Mr. John Sharp is the City's representative for the Trade and Convention Centre and that, although his schedule did not allow him to attend all of these meetings, Mr. Sharp has added a new member to his staff who will be in attendance at future meetings of the Tenants' Association. With regard to the Parking Garage, Mr. McDermott advised that, although he is unaware of who has been attending these meetings on behalf of the City, he will determine who the representative is. Discussion ensued during which time Mr. Barfoot noted that a representative from The Market Square Corporation will be attending the future quarterly policy meetings of the Tenants' Association. . On motion of Councillor Murray and filed. Seconded by Councillor M. Vincent RESOLVED that the above letter from the City Manager be received Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned and that Council I meet in Legal Session. Question being taken, the motion was carried. ~li/()/'rd At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of January, A.D. 1985, at 7:00 o'clock p.m. . present Elsie E. Wayne, Mayor Councillors Davis, Flewwelling, Knibb, Murray, Poley, SChermerhorn, Vaughan, A. Vincent and M. Vincent - and - I Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; N. Barfoot, Assistant City Manager - Administration; C. Robichaud, Assistant City Manager - Operations; S. Armstrong, Deputy Commissioner of Engineering; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; C. Breen, Deputy Police Chief; R. McDevitt, Deputy Fire Chief; J. Johnson, Building Inspector; C. E. Nicolle, Director of Re~reation and Parks; J. McIntyre, Personnel Officer; and Miss M. Conley, Administrative Assistant to the Mayor. I Reverend Carman Riggs, Chaplain of Saint John Regional and St. Joseph's Hospitals, offered the opening prayer. (Councillor A. Vincent entered the meeting. ) , On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent January 14, 1985, be approved. RESOLVED that minutes of the meeting of Common Council, held on . 'Question being taken, the motion was carried. 59@ " Her Worship the Mayor read a proclamation proclaiming the week of January 21 to 27, 1985, to be VON Week in the City of Saint John, in recognition of the home nursing care provided by the Victorian Order of Nurses to the oitizens of Saint John for 86 years, such service providing a bridge between hospitals and home health care as it provides nursing care in a familiar environment as an alternative to institution care for all patients. Her Worship -the Mayor recommended that, as Tattoo 200 will not be taking place in 1985 and, in view of the City's desire to confer the Freedom of the City on the HMCS Brunswicker Naval Reserve Unit in recognition of the 75th Anniversary of the Naval Service of Canada, as well as the City's need for a centerpiece for its 1985 Bicentennial celebrations, Common Council endorse the recommendation of The Saint John Bicentennial Inc. that the Canadian Navy be invited to produce and stage its 75th Anniversary Tattoo in the City of Saint John in 1985. The Mayor added that, as Council is aware, Council has 'budgeted for the City night at the Tattoo, however, it agreed that it would not cover any more of the deficit. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that Common Council endorse the recommendation of The Saint John Bicentennial Inc. that the Canadian NayY be invited to produce and stage its 75th Anniversary Tattoo in the City of Saint John in 1985. Question being taken, the motion was carried. The Mayor commented on the official opening of the Canada Games Aquatic Centre, which occurred on January 17, 1985. The Mayor referred to the recent appointment of Mr. Justice Gerard LaForest, a justice of the New'Brunswick Court of Appeal, to the Supreme Court of Canada and expressed the opinion that Mr. Justice Laforest's appointment arid the enthusiasm with which it has been greeted merits well for the reputation of the New Brunswick education system and more particularly the University of New Brunswick Law School, the New Brunswick Bar and the New Brunswick Bench. The Mayor suggested that a motion is in order that congratulations be extended to Mr. Justice LaForest on behalf of the Mayor and Common Council. On motion of Councillor Poley Seconded by Councillor Schermerhorn RESOLVED that the Mayor and members of the Common Council of the City of Saint John,extend congratulations to Mr. Justice Gerard LaForest on his recent appointment to the Supreme Court of Canada. Question being taken, the motion was carried. Councillor Vaughan referred to the event known as "Smockey Night", which is sponsored by the Saint John Fire Department as a charitable fund-raising event and to be held on February 2, 1985, and noted that one of the events scheduled for this night is a speed skating race between her and Her Worship the Mayor. Councillor Vaughan issued a challenge, on behalf of her and the Mayor, to the male members of Common Council to this one-lap race as part of this event. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from Low Density Residential to District Centre Commercial classification; and (b) re-zoning the same parcel of land from "RS_2" One- and Two-Family Suburban Residential to "B-2" General Business classification, to permit the establishment of a motorcycle sales and service business, as requested by Mr. Frederick Ganong, and that no written objections were received in this regard. No persons were present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee recommending that the above application be approved. On motion of Councillor Schermerhorn 'Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from Low Density Residential to District Centre Commercial classification, be read a first time. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from Low Density Residential to District ,Centre Commercial classification, be read a second time. Read a second time the by-law entitled, "A LiLW To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto". Question being taken, the motion was carried. . I I . I . I I . ~ ,.... . 5~1L On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City Of Saint John insofar as it concerns re-zoning a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from "RS-2" One- and Two- Family Suburban Residential to "B-2" General Business classification, be read a first time. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. Question being taken, the motion was carried. I On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City Of Saint John insofar as it concerns re-zoning a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from "RS-2" One- and Two-Family Suburban Residential to "B-2" General Business classification, be read a second time. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. . The Common Clerk advised that the necessary advertising was completed with regard to re-zoning two vacant parcels of land located at 251 and 253 Metcalfe Street (L.R.I.S. Numbers 371922 and 413575), having a combined width of 101 ft. on Metcalfe Street and a depth of 188 ft., from "B-2" General Business to "I-I" Light Industrial classification, to permit the development of a full-scale animal hospital, including facilities for medical and surgical procedures, boarding, indoor and outdoor exercise areas, grooming, holding and disposal (incineration) of deceased pets, sale of pet food and supplies, and a caretaker's apa~tment, as requested by Dr. John E. H. Wait, and that no written objections were received in this regard. I Consideration was given to a letter from the Planning Advisory Committee advising that the above application was reviewed by this Committee and, at the request of the applicant for the Committee to defer making a recommendation in order that he might deal with the issues raised by staff, the Committee tabled its consideration of the proposal, and requesting Common Council not to render a decision until it has received this Committee's report. Mr. Douglas Chase of 241 Metcalfe Street addressed Council, on behalf of Mrs. Ellen Nelson, in opposition to the above-proposed amendments, and the Mayor confirmed his understanding that the Planning Advisory Committee will discuss this matter at its meeting scheduled for January 22, 1985 and noted that this Committee has requested Council to defer a decision on this matter pending its recommendation. Mr. Chase expressed the understanding that five written objections were forwarded to the City in this regard whereupon the Mayor confirmed that, although these letters may have been forwarded to the Planning Advisory Committee, they were not received by Council. Mr. Chase also expressed the understanding that the footpath, which leads to the stairway to the Fairview Plaza, referred to in the subject application is Gerard Street and, with regard to the indication that the outdoor animal runs to the west of the proposed building are adjacent to an apartment dwelling, Mr. Chase noted that these runs,would be adjacent to a two-tenement house rather than an apartment dwelling. Mr. Chase added that he hopes to have the opportunity to attend the forthcoming Planning Advisory Committee meeting in this regard. . Mrs. Caroline Cox of 245 Metcalfe Street appeared before Council in opposition to the above application and advised that she forwarded a letter of objection to the Planning Advisory Committee in this regard. Mrs. Cox expressed the understanding that 'the proposed animal hospital is to be located in such close proximity to the only entrance to her property that she would be unable to receive such service as oil delivery. 1 Mr. David O'Brien of the law firm of Barry, O'Neil & Company, solicitors for the applicant, Dr. John Wait, addressed Council in support of the application and noted that the reason for this application is so that Dr. Wait can construct a full-scale animal hospital on the subject property, such hospital to include overnight hospitalization facilities, twenty-four hour emergency treatment, boarding facilities, euthanasia services, grooming facilities, and all the types of services which would be normally associated with an animal hospital. With respect to Mr. Chase's presentation, Mr. O'Brien addressed the reference to Gerard Street and noted that this street was closed off some years ago by Common Council and the property was sold, therefore, as far as he is aware, this property is no longer a" street and, concerning the reference to the proposed outdoor exercise runs, Dr. Wait is of the opinion that some sort of outdoor exercise run is essential for the kind of full-care animal treatment facility he intends to build, and advised that originally it was planned to have 17 exercise runs on the northwest side of the property adjacent to the two-tenement building to which Mr. Chase referred, however, subsequent to receiving the report from the Planning Branch expressing some concern about the placement of the runs, the applicant, after ,consulting with his architect and contractor, decided to amend his proposal in accordance with the supplementary plan (copies of which were distributed to Council members earlier this date) which indicates that the outdoor animal runs have been moved to the back of the building and the number of these runs has been reduced from 17 to 9. Mr. O'Brien added that the applicant is also willing to construct a sound barrier to reduce the sounds associated with such animal runs and there would also be a form of corrugated roofing structure placed over these runs. I . , Replying to a query of the Mayor, Mr. O'Brien advised that there will be both indoor and outdoor runs with the outdoor runs expected to be utilized for one to two hours in the mornings, afternoons and early evenings, and that there will be no animals outside overnight. Mr. O'Brien also advised that, <<ith regard to Mrs. Cox' presentation, the subject property does not encroach on any other property and, if the only access to her property is over the subject property, it will be closed off and, regarding the footpath which has been in existence for a number of years, in order to fit the animal hospital on the site and to ensure privacy, this would have to be closed off. Councillor Knibb asked how this animal hospital would differ from that operated by Dr. Wait on Manawagonish Road to which Mr. O'Brien replied that it would be substantially the same sort of operation as that on Manawagonish Road with the only outstanding different feature being the addition of an animal crematorium and that this facility would be constructed and operated in addition to Dr. Wait's existing facilities on Manawagonish Road and in Fairvale. .... 592 ""lIIl Mr. Charles LeBlond of the law firm of McKelvey, Macaulay, Machum, solicitors for the vendor of the property, namely, Scottish Enterprises Ltd., appeared before Council in support of the above application and concurred with the comments" made by Mr. O'Brien in this regard. Mr. LeBlond commented on the efficiency of the proposed incinerator insofar as odour and/or pollution which might emanate from the system is concerned and expressed the understanding that, based on discussion with a representative of the manufacturer of the proposed incinerator, they are constructed in accordance with the Ontario pollution regulations which he understands to be quite strict and a very similar unit was installed at the North York animal shelter in downtown Toronto, Ontario, in a densely-populated area with no problem whatsoever from the use thereof, and that a very similar unit was installed at the Fernhill Cemetery in Saint John and, according to discussions with Mr. Erb the Director of this Cemetery, "there have been no complaints whatsoever "in spite of the fact that this facility is very close to Westmorland Heights. Mr. LeBlond expressed the understanding that the incinerator proposed by Dr. Wait, which is propane operated, is much more efficient than the oil-fired units such as the one which exists, in St. Stephen, N.B., , "and that even the oil-fired units have not caused any concern or any problems with smoke and/or pollution. Replying to a query of Councillor Poley, Mr. LeBlond expressed the understanding that the subject property has been surveyed and there are no encroachments. On motion of Councillor Knibb Seconded by Councillor M,. Vincent RESOLVED that the above matter be laid on the table pending a report from the Planning Advisory Committee. Question being taken, the tabling motion was carried. '~ ., . I 1 Public presentation was made of a proposed Municipal Plan amendment to redesignate a parcel of land containing approximately 46 acres located behind lots fronting on the northeastern side of Ragged Point Road at Den Boom Cove (L.R.I.S. Number 49924), as shown on the submitted sketch, from Open Space to Low Density Residential classification and remove the Stage 1 designation on Schedule 9-A of the Plan, to permit re-zoning of the parcel from "RS-2" Suburban Residential . to "RR" Rural Residential classification, so that it may be developed with a subdivision of approximately 30 lots, each lot to have a miminum area of 1.25 acres and be serviced by individual wells and septic tanks, as requested by Mr. J. Ladds Batten. The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of the Saint John Central Business Development Corporation for Common Council's approval of a budget for the designated Business Improvement Area, and that a letter of objection was received from John Searle Agencies Ltd. On motion'of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as requested by the Board of Directors of the Saint John Central Buiness Development Corporation, Council approve the budget for the Business Improvement Area as follows:- Revenue: Levy 11 cents per $100.00 assessment $1l0, 577. 00 Expenditures: Advertising, Promotion and Special Projects '" Meetings Office Expenses Rent Salaries and Benefits Telephone Travel Contingencies 62,077.00 2,000.00 5,000.00 5,000.00 30,000.00 2,500.00 2,000.00 2,000.00 $1l0,557.00 Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the letter from John Searle Agencies Ltd. expressing objection to the proposed new assessment of its property at 102-108 Prince William Street for the reason that, although this assessment is not in itself a large one, it is an unacceptable form of selective taxation aimed only at property owners within the designated area while benefits may equally apply to tenants and others located on the fringe of this area and furthermore, if adopted, this assessment like all others will increase each year and add to an already-burdensome and unfair tax system which is making it increasingly difficult for this Company to return a profit on its investment -- be received and filed. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne regarding a bonspiel being held in the City on February 1 to 3, 1985 by the Business Ladies of Thistle-St. Andrews Curling Club to celebrate the City's Bicentennial, and this group's request for sponsors for winners and runners-up of various sections, recommending that this request be forwarded to the grants committee with the recommendation that not more than $100.00 be allocated for the sponsorship of this event. The Mayor advised that, although she would like to have been able to comply vith the above request, she was informed by the Commissioner of Finance that this matter should be presented to Council and expressed the opinion that this matter should not be referred to the grants committee and that Council should either grant or deny the request. Councillor Vaughan proposed a motion, which was seconded by Councillor Murray, that, as this is a Bicentennial bonspiel, the request should be referred to the Bicentennial Sports Committee; however, this motion was withdrawn with the consent of the mover and seconder following Councillor Murray's suggestion that it would be in order I . 1 I . ..J ~ ~~J . for the Mayor to provide promotional items as gifts and Mr. Wilson advised that, when he was asked if this request should be presented to Council, it was his understanding that it was a request for a grant and therefore, in his opinion, should be treated in the same manner as any other grant requests. Deputy Mayor Davis suggested that a grant to a maximum of $100.00 could be approved pending approval of the Bicentennial Sports Committee. On motion of Councillor Knibb I Seconded by Councillor Davis RESOLVED that a grant of $100.00 be made available'at the Mayor's discretion to the Business Ladies of Thistle-St. Andrews Curling Club with regard to a bonspiel to be held on February 1 to 3, 1985. Question being taken, the motion was carried. Councillor A. Vincent suggested that the Commissioner of Finance should be requested to submit a recommendation to Council with respect to the annual'provision of a fund of $5,000.00 or $6,000.00 to the Mayor's Office to be used at the Mayor's discretion in order to avoid embarrassment in matters of this nature. At the Mayor's request, Mr. Wilson explained that he waS only administering Council's policy with respect to specified grants. I On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 84-6, Concrete Work 1984 Que-Mar Construction (Maritimes) Limited Concrete curb and sidewalk reconstruction Original estimated value of contract Total work done, Estimate Number 7 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 7, dated January 10, 1985 Release of holdback $474,921.00 514,083.34 1,000.00 436,970.84 $ 76,112.50 . . Councillor Knibb noted that, when Council considered the awarding of the above tender in July 1984, the second-low tenderer on this contract was Maritime Formless Ltd. in the amount of $497,000.00, and asked if the extras on this contract are legitimate and, if the contract had been awarded to Maritime Formless Ltd., would this company have been able to receive the additional amount for extras. Mr. Robichaud replied that the contract would have been handled exactly the same no matter which company was awarded the tender; in other words, the extras would have been given to any contractor. At the request of Councillor Knibb, Mr. Armstrong explained that, as indicated on the submitted summary of changes to the contract, there was a total of approximately $60,000.00 of extras or changes made in the various jobs in this work which vary in size from approximately $132.00 to $26,700.00 and being mainly to do with additional works discovered during the course of the work, such as additional catch basins, repairing curbing damage which happened during installation of topsoil, asphalt sidewalks, etc., the removal of a brick coal shute which was discovered on King Street East, and noted that the $26,713.17 item concerns Lake Drive South which is due basically to the bulk of this work having been done by the contractor's forces, rather than by City forces. Mr. Armstrong ,concurred with Mr. Robichaud that, although one cannot be specific to the individual amounts if dealing with another contractor, the items of extra work would have been incurred no matter who the contractor was and would have been treated in exactly the same manner. Discussion ensued regarding why staff did not broach the matter of extras on this project, particularly the work on Lake Drive South which initially was to be performed by City forces and the suggestion was made that, when it is found that extra work is required on a contract which will result in additional costs, these extras should be presented to Council for approval or for tendering. Mr. Robichaud noted that, as explained in the submitted summary of changes, the City could not meet the construction schedule which resulted in the contractor performing the work which had been intended for City forces on Lake Drive South. Deputy Mayor Davis expressed the opinion that, in view of the above project involving the concrete work for 1984 and the fact that an extra project was included, the percentage of extra costs is not that significant on a project of this magnitude. Mr. McDermott advised that earlier this date he discussed this matter with Mr. Robichaud and suggested that the situation might be eased somewhat in the future if at any time projects are $2,000.00 over in extras that this be brought to Council's attention so that there will be no sudden changes of this nature presented to Council and Council will be advised as the extras develop and the Mayor suggested that a review should be made of unit price versus contract price tendering. I Question being taken, the motion was carried. I On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that as requested by the City Manager, authority be granted for payment of the invoice of Vista International, in the amount of $8,581.60 (U.S.), representing expenses of the Saint John Port Day function in New York, U.S.A., on November 14, 1984, 50 per cent of which is to be cost shared by Ports Canada. 1 Councillor Knibb questioned the necessity of the approximate $54.00 per person charge and the Mayor and Councillor Murray, both who attended the Port Day function in New York, commented on this event and the Mayor assured Council that the City's finances were not wasted, in this promotion of the Port of Saint John. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the quotation of Computer Remarketing Canada Ltd., in the amount of $6',800.00, plus applicable taxes, plus freight, be accepted for the supply of hardware for the Building & Technical Services information system. .... ~~~ " Councillor Flewwelling asked if a thorough study has been made of the above matter by persons who are familiar with the system to which Mr. Johnson replied that this proposal involves only additional hardware and the software is being developed by staff with the framework for the latter having been developed in conjunction with a thorough analysis and the assistance of a Halifax firm. 'Replying to a query of Councillor M. Vincent if the above company was the only one given the opportunity to provide the reQuired hardware, Mr. Johnson replied that the equipment must be compatible with the equipment already in use and that, although the manufacturer was asked to quote prices on used equipment" the recommended supplier is the only company, other than the manufacturer of the present hardware, who can supply this material. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the extension of the lease agreement with Atwater Business Centre, to extend the lease for office space, which is occupied by the Marketing Manager of the Saint John Port Development Commission, at 385 The West Mall, Etobicoke, Ontario, for the period January 1 to December 31, 1985, at the rate of $440.00 per month. Councillor Knibb noted that, although the City Manager indicates that the rate is the same, the submitted copy of the agreement refers to the new rate of $440.00 per month and asked if the rental charge has in fact been increased and Mr. McDermott replied that the rate is the same as that for 1984. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the request of Mr. Yvon St. Coeur for an extension of the closing date on the property to be acquired on Morris Street be granted and the closing date be extended to February 18, 1985. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor M. Vincent RESOLVED that the letter from the City Manager regarding a reQuest of Mr. F. Wayne Jones for more timely snow ploughing on Bardsley Avenue and Emery Street, noting that the City has established priority snow control routes in order that snow clearing throughout the municipality will be effective, and advising that the reason Bardsley Avenue is not ploughed as frequently as Argyle Street is that Argyle Street is a bus route and has been given a higher priority -- be received and filed and a copy be forwarded to Mr. Jones. The Mayor asked staff to note Councillor Flewwelling's observation that snow removal from the sidewalk on Manawagonish Road and Main Street West does not appear to be given the same attention as in' other years, particularly in the former instance in the area of the schools. The Mayor referred to the letter she received from Mr. Jones (copies of which were distributed to Council members earlier this date) which resulted from her personal telephone call to Mr. Jones in this regard. Question being taken, the motion was carried. Consideration was given to a letter from the City Solicitor advising that, if the budget of the Saint John Central Business Development Corporation for the business improvement area is approved by Council, it will be necessary for Council to then enact the submitted by-law. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the 103 Business Improvement Levy By-Law", be read a first time. by-law entitled, "By-Law Number B- Read a first time the by-law entitled, "By-Law Number B-I03 Business Improvement Levy By- Law". Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the by-law entitled, "By-Law Number B-I03 Business Improvement Levy By-Law", be read a second time. Read a second time the by-law entitled, "By-Law Number B-I03 Business Improvement Levy By-Law" . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that a state of emergency be declared to exist and that consideration be given to third reading of the above by-law at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the Business Improvement Levy By-Law", be read a third time be affixed thereto. by-law entitled, "By-Law Number B-I03 and enacted and the Corporate Common Seal . I I . I . 1 I . ..J ,. 595 . entirety. The by-law entitled, "By-Law Number B-103 Business Improvement Levy By-Law", was read in its Question being taken, the motion was carried. The Mayor noted that, as requested by the Commissioner of Finance in Committee of the Whole earlier this date and in view of Council having given third reading to the above by-law, Council must now consider a resolution giving effect to the increases in the General Fund's gross expenditures as well as its non-tax revenue. On motion of Councillor Flewwelling I Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- "WHEREAS on December 17, 1984 Council adopted the 1985 Operating Budget of the General Fund, indicating $64,177,125.00 as the estimate of gross expenditures and $5,777,707.00 as the estimate of non- tax revenues: I AND WHEREAS on January 21, 1985 Council enacted the Business Improvement Levy By-Law and imposed a special levy of $.11 per $100.00 of assessment on business property within the business improvement area as designated by Council: THEREFORE BE IT RESOLVED that the previous resolutions with respect to 1985 gross expenditures and non-tax revenue be amended to read $64,287,702.00 and $5,888,284.00, respectively.". Question being taken, the motion was carried. . Read a letter from the Common Clerk submitting the following resolution from the Legal Session meeting of Common Council, held on January 14, 1985:- "RESOLVED that the submitted invoices for legal fees in connection with the E. A. Shuve action be approved for payment:- Ryan Graser & Smith, in the amount of $4,936.69, for City Manager Arthur G. McDermott; and MacLean, Chase, McNichol & Blair, in the amount of $2,777 .82, for Her Worship Mayor Elsie E. Wayne.". The Mayor requested that the above resolution be considered in two parts. On motion of Councillor Schermerhorn Seconded by Councillor Vaughan RESOLVED that the submitted invoice for legal fees in connection with the E. A. Shuve action be approved for payment:- Ryan Graser & Smith, in the amount of $4,936.69, for City Manager Arthur G. McDermott. Question being taken, the motion was carried. I (The Mayor withdrew from the meeting whereupon the Deputy Mayor assumed the chair.) On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the submitted invoice for legal fees in connection with the E. A. Shuve action be approved for payment:- MacLean, Chase, McNichol & Blair, in the amount of $2,777.82, for Her Worship Mayor Elsie E. Wayne. Question being taken, the motion was carried.. (The Mayor re-entered the meeting and re-assumed the Chair.) . Read a letter from the Common Clerk submitting a resolution from the Legal Session meeting of Council, held on January 14, 1985, regarding the payment of legal fees in the matter of J. C. MacKinnon. On motion of Councillor Flewwelling Seconded by Councillor Schermerhorn RESOLVED that the submitted invoices from the law firm of Teed, Teed & McPhee, legal counsel in the matter of J. C. MacKinnon, the amount of $9,179.55, be approved for payment. Question being taken, the motion was carried. I 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 I Your COmmittee begs leave to report that it sat on Monday, January 14, 1985, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That with regard to new housing construction and subdivision development in the City of Saint John, Council adopt the following guidelines for a New Residential Construction Grant, and that the proposed changes in the subdivision cost sharing and development control policies be approved by Council and referred to staff for preparation of the necessary detailed changes in the Subdivision By-Law and, possibly, in the Zoning By-Law:- (1) that a grant be provided to the owners of new homes constructed on all approved lots as follows:- . (i) the New Residential Construction Grant to be applicable only when: (a) the building lot was approved for development prior to January 1, 1985; 6~6 (b) the building permit is applied for after January 1, 1985; . (c) the basement of the building is completed by December 31, 1985; and (d) the home is substantially completed by June 30, 1986. (ii) the following types of new residential buildings to be eligible for the New Residential Construction Grants: (a) single family homes; I (b) duplexes and semi-detached homes; (c) row housing; (d) town houses; (e) apartment buildings, not exceeding six units; and I (f) mobile homes on permanent foundations on individual lots approved for mobile homes and not previously occupied by mobile homes. (iii) the New Residential Construction Grant shall not be paid: (a) to types of residential buildings which are not listed in section (ii); (b) to residential buildings sponsored by non-profit groups which are eligible for mortgage assistance; and . (c) to residential buildings constructed on lots where the City has contributed after January 1, 1985 to the cost of services installed for the lot. (iv) the Grant shall be computed by taking the product of the construction cost as shown on the building permit and the 1985 municipal tax rate; (v) the Grant shall be paid to the owner as shown on the building permit upon substantial completion of the home as certified by the City; ,(vi) the Grant program to be administered by the Housing & Renewal Services Branch; and I (vii) the New Residential Construction Grant Program shall have a maximum budget of $150,000.00. (2) that the pre-1978 cost-sharing arrangements be re-introduced on a selective basis for those subdivisions approved after January' 1, 1985, such program to last three years and to be designed to take into consideration any legal or development problems encountered previously in accordance with the following guidelines: (i) the City shall reimburse the developer for the cost of water and sewerage materials, excluding service connections, within subdivisions; (ii) the City may reimburse the developer for the cost.of water and sewer materials required beyond the limits of subdivisions for the purpose of extending trunk services to the subdivision; . (iii) the City may cost share in water pumping stations, sewage , pumping stations and sewage treatment plants, in. an amount to be negotiated in each individual case; (iv) reimbursement as provided for under (i) and (ii) shall not occur until the City has accepted the water and sewerage services within that particular stage; (v) the cost reimbursed to the developer or cost shared with the developer will be absorbed by the General Fund; and I (vi) no cost sharing is available to subdivisions outside the Stage 1 Development Area. (3) that a general review of the Subdivision By-Law be carried out with regard to adjustments to servicing standards and to implement a method of progressive issuance of building permits while land servicing is in progress with the following guidelines proposed for the implementation of development controls: I (i) approval and filing of a subdivision plan, or any phase or stage of that subdivision plan, shall not take place until: (a) water and sewer mains are installed and approved within that subdivision phase or stage, and (b) the developer provides security with the City equal to 100% of the cost of the services necessary to complete the services to the area covered by the filed plan, and that acceptable security shall include performance bonds or certified cheques or other security acceptable to the Commissioner of Finance. . ..J ,. 5~7" . (ii) a building permit may be issued as soon as the subdivision plan, or any phase thereof, is filed. 2. That as recommended by the City Manager, Council appoint Mr. Ronald McDevitt as Fire Chief of the City of Saint John, effective January 1, 1985, with a l2-month probation period, at an annual salary of $47,500.00. January 21, 1985, Saint John, N. B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air ill a n. I At the request of the Mayor, Mr. Todd explained the proposed New Residential Construction Grant Program as indicated in the previously-distributed information which included questions and answers regarding this program. Discussion ensued during, which time Councillor Vaughan expressed support of the proposed program and suggested that, in view of her question of whether or not the program is extensive enough, additional incentives may be required to promote development within the City, and Councillor Poley expressed the understanding that staff is currently developing a streamlined procedure whereby a potential developer is able to determine quickly from staff the steps he must take to pursue construction plans within the City. Councillor Murray suggested that the matter of housing requirements in the City should be monitored as there appears to be a need to address the matter of additional senior citizens' housing. The Mayor referred to an information handout on this program and asked how staff plans to get copies of this into circulation to which Mr. Todd replied that copies may be forwarded to real estate companies and that consideration is being given to including copies of this handout in the City's water and sewerage billings. The Mayor congratulated Mr. Todd and the staff members concerned for their' efforts in this regard. I On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. . On motion of Councillor Vaughan Seconded by Councillor Flewwelling RESOLVED that section 2 of the above report be adopted. A brief discussion ensued during which time Mr. McDevitt paid tribute to former Fire Chief Percy Clark and expressed appreciation for having had the opportunity of working with a person of his calibre. Question being taken, the motion was carried. On motion of Councillor Knibb I Seconded.by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the request from the owners of Millidge Place, Millidge Place Limited, to erect a freestanding sign, which was considered by Council on May 7, 1984, advising that this Committee granted the variance to allow the sign and recommending that, as the proposed location of the sign is within a 20-foot wide easement held by the City, Council grant permission to e~ect the sign within the easement on condition that the applicant is willing to bear all removal and relocation costs if a future need arises -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. . Consideration was given to the annual report of the Finance Committee, the members of which are Councillors Gould, Chairman, Davis, Murray and Poley, such report requested by the Mayor at Council's last meeting, highlighting this Committee's activities since its inception by Council resolution of June 13, 1983 with respect to the following:- (1) a review of the 1983 Financial Statements of the General Fund and the Water & Sewerage Utility, (2) a review of the post audit letter of Doane Raymond, (3) the issuing of proposal calls for banking and auditing services, (4) presentations by Finance Department staff and (5) other matters, such as discussions regarding the unconditional grant formula, etc. On motion of Councillor Schermerhorn received and filed. Seconded by Councillor M. Vincent RESOLVED that the annual report of the Finance Committee be I The Mayor asked that Mr. Wilson submit a report on the success of the systems in place for the proper procurement of goods and services and added that Mr. Wilson was of the opinion that it might be possible to save over $300,000.00 by implementing this system. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Yvon R. Poitras, Provincial Minister of Municipal Affairs, submitting copies of the Application for Stimulation Grants, which are to be submitted to the Province prior to March 31, 1985 for projects which will assist in developing or improving the standard of a service or facility -- be referred to the City Manager for a report to Council by February 15, 1985. Question being taken, the motion was carried. On motion of Councillor M. Vincent . Seconded by Councillor Murray RESOLVED that the. letter from Students' Representative Council of the University of New Brunswick in Saint John Inc., regarding the possibility of implementing a City Hall- Student Representative Council liaison with the purpose of placing UNBSJ students in appropriate City departments for a day or so, which would serve both educational and practical purposes; expressing its willingness to organize the complete set-up of the program and requesting permission from Common Council to proceed in this matter -- be referred to the City Manager for a report and recommendation regarding implementation of the request. ""'IIIl 598 Question being taken, the motion was carried. The Mayor requested a motion to add to the agenda an item from the City Manager (copies of which were distributed at this time) regarding the purchase of promotional pins. . On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor M. Vincent I Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, awards for the supply of lapel pins to the City's Tourism and Public Relations Department be made in accordance with the recommendation contained in the submitted bid summary. Question being taken, the motion was carried. I Councillor A. Vincent asked when Council will receive a full report on the Admiral Beatty project to which Mr. McDermott replied that it is anticipated that the financing will be arranged by February 28, 1985. On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. . 'Iha~1 Jf)/)J//o/ov:I ommon Cler 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 January, A.D. 1985, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Davis,. Flewwelling, Gould, Knibb, Murray, Schermerhorn, Vaughan, A. Vincent and M. Vincent I - and - Messrs. A. G. McDermott, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; T. Totten, Deputy Commissioner of Finance; N. Barfoot, Assistant City Manager.- Administration; M. Zides, Commissioner of Community Planning and Development; W. D. Todd, Deputy Commissioner of Housing & Renewal Services and Property Management; R. G. Riley, Chief of Police; R. McDevitt, Fire Chief; J. Johnson, Building Inspector; J. Brownell, Assistant .Director of Recreation; J. Adam, Data Processing Manager; and Miss M. Conley, Administrative Assistant to the Mayor. . Reverend James A. MacDonald of Park Avenue United Church offered the opening prayer. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on January 21, 1985, be approved. Councillor A. Vincent asked for a written legal oplnlon at Council's next meeting regarding Council's authority to pay the legal fees approved at the above meeting. Councillor Knibb suggested that, as the City Solicitor presented the legal bills concerned to Council for payment, the City Solicitor should confirm' at this time that such bills were validly before Council for payment whereupon Mr. Rodgers advised that he would prefer to put his opinion in .writing. I Question being taken, the motion was carried with Councillor A. Vincent voting "nay". The Mayor read a proclamation proclaiming the week of February 2 to 9, 1985 to be National Ringuette Week'in the City of Saint John, ringette being a winter team sport designed for Women of all ages and in view of sports activities providing an excellent opportunity for young people to travel to other parts of the country and to get acquainted with other people and places in friendship. I Her Worship the Mayor congratulated Councillor Vaughan and her team members on winning the Provincial Women's Curling Championship in the New Brunswick Scott Tburnament of Hearts, which was held in Edmundston, N. B. Over the past weekend. The Mayor noted that the Saint John Aquatic Centre was visited earlier this date by Mr. J. Montgomery, Head Coach of the Lone Star Master Swimming Club of Dallas, Texas, U.S.A., who was accompanied by Mr. Alexander, also of Texas, and that Mr. Montgomery expressed the opinion that the Aquatic Centre is the best in North America. . J ,. ~99J . Her Worship the Mayor referred to the publicity during the past week about an administrative bill that has been given to Mr. J. Claude MacKinnon, Commissioner of Engineering and Works, expressed her intent to explain at this time what this bill consists of, and stated that, to clarify the situation, a majority of Council has directed her to set forth the facts. Reading from a prepared statement, the Mayor explained the events leading up to Mr. MacKinnon being invoiced by the City for the use of City labour and materials for his personal benefit as follows: with respect to the fabrication and installation of jackposts in Mr. MacKinnon's home, $752.31; iu renovations to the roof of Mr. MacKinnon's home, $2,578.69; in the repair and/or painting of automobiles owned by members of Mr. MacKinnon's immediate family, $550.00; use of City barricades at Mr. MacKinnon's summer cottage, $27.22; the building of a shower on Mr. MacKinnon's office floor without authorization and for which proper procedures for purchase of materials and timeslips for labour did not go through the normal Finance Department channels, $3,318.00, such matters having been considered at Mr. MacKinnon's second hearing before Council in June 1984 and for which Mr. MacKinnon has not to this date reimbursed the City. The Mayor added that there were many other issues dealt with at the administrative hearing, several of which she cited, stating she will not deal with them at this time, although sometime in the future she may be compelled to do so.. I Councillor M. Vincent advised that, he has nothing to say about the content of the above article except that he was not in favour of the matter being handled in the way it has been handled by the Mayor at this time, as expressed at a previous session. Councillor A. Vincent advised his wish to go on record as having had no part in the way this matter is being handled. I On motion of Councillor Schermerhorn . Seconded by Councillor Flewwelling RESOLVED that the letter from Councillor Schermerhorn submitting a copy of a report prepared by Mr. E. A. Farren, Executive Assistant to the City Manager, which was submitted to Council in March 1984 as an explanation of why the cost of living was high compared with other cities in Canada; noting that a recent Stats Canada Report shows that Saint John had the highest inqrea~e ~ 5.1% - in prices for 1984 and in December the inflation rate was higher in Saint John than the l-t- .... natlonal average and recommending that Mr. Farren, through the City Manager, be requested to provide Council with an update of his March 1984 report, taking into consideration the statistics which have recently been released be referred to the City Manager for a report at Council's next meeting. Question being taken, the motion was carried. The Mayor asked for a motion to hear Mr. Peter LeBlanc with a report that.he has on asphalt resurfacing. On motion of Councillor Schermerhorn Seconded by Councillor Davis RESOLVED that Mr. Peter LeBlanc be invited to address Council at this time. I Question being taken, the motion was carried. Mr. McDermott advised that staff has basically been examining figures, which he produced in Committee of the Whole, with regard to the use of equipment and costs of asphalt placement for 1982, 1983 and 1984 and requested that Mr. LeBlanc, who has completed his report on asphalt placement, present his report at this time. Mr. LeBlanc addressed Council and, reading from a report which he advised is addressed to Mr. McDermott who engaged his firm to do this work, advised that the asphalt resurfacing figures which are included on the submitted schedule have been examined in accordance with the City Manager's request and that certain work has been carried out in order to determine if these figures are fairly stated and are based on actual costs. . Councillor A. Vincent asked if copies of the above report are available whereupon the Mayor asked that Councillor A. Vincent be provided a copy and added that if he attended Committee of the Whole he would have been in receipt of a copy of same. I Mr. LeBlanc explained that he relied on the accuracy of certain records regularly maintained by the Engineering and Works Department and the Finance Department, including the weekly lab.our reports produced by the Finance Department and the asphalt invoices paid by this Department, as well as on the Engineering and Works Department's distribution on the asphalt invoices among the various project codes and its records for equipment rental charges, testing the asphalt costs to activities charged on the time sheets in his review of the reasonableness of the distributions. Mr. LeBlanc noted that labour, materials and outside equipment rental are the three cost elements included in asphalt resurfacing since City-owned equipment is not costed to individual project codes and that he has tested the labour charges recorded in the cost book to the weekly labour summaries and examined asphalt invoices for tonnage and dollars as recorded by the Engineering and Works Department which agree with the totals paid by the Finance Department each year, as well as invoices for equipment rental charges as recorded by the Engineering and Works Department. Mr. LeBlanc also noted that the total of the labour 'as shown in the cost book and totals of asphalt invoices and equipment rental invoices equal the amount total cost per year as shown on the submitted schedule, the tonnage placed also agrees with these records and the roller hours shown on this schedule agree with the cost book and, as a product of the above information, the following numbers are fairly stated on that schedule: labour cost per ton, total cost per ton, tons placed per roller hour and that the labour and total cost per ton in 1984 dollars being based on increases in the labour rate and the price of asphalt over the 2 years. Mr. LeBlanc stated that the tons placed per roller hour indicate an increase in output of 26.8% comparing 1984 with 1983 and 18.6% compared to the 1982. I . Replying to queries of the Mayor, Mr. LeBlanc advised that in 1982 the cost of equipment rented to perform this function, which is in addition to City-owned equipment, was $134,522.00, in 1983, the cost of similar rentals was $95,011.00 and in 1984 it decreased to $388.00, yet in 1984 and in 1983 for asphalt resurfacing the City laid almost the same tonnage. Mr. LeBlanc confirmed that the City rented equipment at a cost of $388.00 versus $95,000.00 for the equipment for doing the same amount of work and that it cost the City less to do the work in 1984 than it did per ton in 1983 and 1982 even though there was an increase in labour, materials and hired equipment. The Mayor asked Mr. LeBlanc his opinion of whether the City did a better job efficiency and productivity~wise in 1984 than in 1983 and 1982 to which Mr. LeBlanc replied that, according to these figures, the efficiency increased substantially. Councillor A. Vincent asked if the cost is affected by the placement of all of the equipment together in one central pool at East Saint John to which Mr. LeBlanc advised that it would be very difficult to comment on that based on anything he has done at this time. The Mayor requested a motion to receive and file the above report and asked Mr. LeBlanc when his other report can be expected to which Mr. LeBlanc replied that it should be available at next week's Council meeting. 6JO On motion of Councillor Schermerhorn Seconded by Councillor Flewwelling RESOLVED that the above report be received and filed. Question being taken, the motion was carried. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Product-Information Network, in the amount of $4,745.00 (U.s.) for a one-year subscription to this service for the period ending March 31, 1985. Councillor Flewwelling asked if, prior to subscribing to the above service, it was determined if the information concerned is available through the other levels of government to which Mr. McDermott replied that the information concerned is obtained through McGraw-Hill in the United Stat'es and it is not the type of information which is obtainable through either the Federal or Provincial Government; however, no consideration was given in the past to determine whether the other levels of government may have such information' available 'through ,subscription to the service. Councillor Knibb asked what members of staff are taking advantage of this system to determine if the expenditure is warranted to which Mr. McDermott replied that a multitude of information has been received, One of ' the most valuable recently received being on mini-computers and, upon receiving Mr. ' Wilson's negative reply concerning his use of this service, Mr. Adam confirmed that the information on mini-computers was used as a guide. The Mayor asked if anyone else has used this service to which Mr. McDermott commented on additional information just received. Councillor Knibb asked if the City Manager presented this matter to Council prior to subscribing to the service to which Mr. McDermott replied that, based on a recommendation from a former councillor that the City should be on the PIN system, application was made at that time.' The Mayor asked the City Manager to submit a report at Council's next meeting advising of the benefit to be derived by the City from this sub- scription to which Mr. McDermott replied that, as it will not be possible to submit a report at the next meeting of Council, it will be available for the week following. Councillor Murray requested an explanation of the service agreement date to which Mr. McDermott replied that the City commenced its subscription in April 1984 and that, when the American premium was added to the bill, it was found that it was in excess of the City Manager's spending authority and that this invoice represents a yearly bill and that the service agreement is for a l2-month period for service to April 1, 1985 and, if Council so wishes, the subscription will be renewed for another year. The Mayor noted that the motion proposed is to consider the payment of the invoice and that Council is not.authorizing any further agreement in this regard at this time. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor'Schermerhorn Seconded by Councillor A. Vincent RESOLVED that the City 'Manager be requested to submit a report to Council in two weeks regarding the above matter. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manger, the contract for electrical heat renovations at the Simonds Centennial Arena be awarded to the low tenderer, namely, Delta Electric Co. Ltd., at the tendered amount of $6,550.00. Councillor M. Vincent asked if the above tender includes repair of the heating units in the bleacher area to which Mr. Brownell replied that that would be a separate project. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Vaughan RESOLVED that the letter from the City Manager submitting quotations received from four automobile dealers with Provincial sales tax and license being in addition to the quoted prices, for a car, in stock, to replace the City Manager's present 1979 Pontiac Parisienne which should be passed down the line for use of staff; recommending, as these cars are in stock and are subject to prior sale, the purchase, subject to availability of: (1) an LTD Crown Victoria from Downey's Ltd. at a price of $12,319.00, or (2) a Mercury Grand Marquis from Parkway Mercury Sales at a price of $13,650.00 or (3) a Parisienne 4-door from Centennial Pontiac- Buick GMC Ltd. at a price of $13,953.00 -- be received and filed and the recommendation adopted. ,Councillor A. Vincent asked why, in view of the City Manager's pending retirement, he is recommending purchase of a vehicle as this decision should be made by the new City Manager to which Mr. McDermott replied that, basically, the reason is that the vehicle he uses is almost the oldest in the City fleet and that on three occasions in the last few weeks it has been necessary for him to obtain the services of a Police vehicle or a taxicab as his car would not start and added that he sees no reaSOn why a vehicle should not be obtained because it can be readily passed down through staff as and when 'required. Councillor Schermerhorn suggested that Council should specify the car to be purchased, namely, the lowest-priced vehicle to which Mr. McDermott replied that the reason'for not being specific is that a car is being taken from stock and that, if he can obtain the lowest-priced vehicle, that will be the one purchased. Question being taken; the motion was carried with Councillor A. Vincent voting "nay". Read a letter from the City Manager submitting a copy of a report from the Commissioner of Finance concerning the necessary steps to upgrade equipment by the purchase of 5l2K of memory board and the disk file processor expansion. '"""IIIJI . I I . I . I I . .J ~ ~O] On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Council approve the purchase of 5l2K of memory board at $5,775.00 and the disk file processor expansion at $6,960.00, from Burroughs Inc. on the condition that the computer response time will be reduced to approximately five seconds per transaction. I Discussion ensued during which time Mr. Wilson explained that, since the Burroughs equipment was purchased approximately three years agc\new systems have been added which have a significant impact on the response time and that some of the systems are installed in areas where a long delay, which could be 15 to 20 seconds, is not tolerable. Mr. Wilson noted that the City has an arrangement with Burroughs that, if in fact the response time does not improve to within 5 seconds, the City will not pay. Question being taken, the motion was carried. I Read a letter from the City Manager referring to the extension granted by Council on October 29, 1984 to Regional Realty Ltd. for its provision of a detailed proposal for the development of the Water Street site, submitting a copy of a letter from this company's solicitors requesting a further three-month extension, and advising that the Urban Renewal Co-Ordinating Committee recommends that the extension be granted. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, Regional Realty Ltd. be granted an extension to May 1, 1985 to provide a detailed proposal for the development of the Water Street site. . Councillor M. Vincent asked if the City has any indication that this company will require no further extensions to which Mr. McDermott replied that, based on the information the City has, the company hopes that everything will be complete within the next few weeks and certainly by the first of May. Question being taken, the motion was carried. On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that, in assuming the responsibility for the rehabilitation of the Admiral Beatty project, the City has continued to work with the design team employed by the Admiral Beatty Estates Group, with the exception that G.F. Williamson Ltd. has been hired as structural consultant to replace E. F. Carpenter & Associates; noting that the consultants on the design team are employed directly and paid by the architect; also advising that the consultant contract which the Admiral Beatty Estates Group had with the architect, William McGrath, is not acceptable to the City and staff has therefore used the standard RAIC 6 Architectural Contract with a number of amendments to make it acceptable from the City's standpoint, and recommending that Council approve the consultant contract, as amended, with William McGrath Architect Ltd. for the rehabilitation of the Admiral Beatty, such contract allowing for maximum fees of $207,000.00 and that the Mayor and Common Clerk be authorized to execute this contract on behalf of the City -- be received and filed and the recommend- ation adopted. . Councillor A. Vincent asked if any consideration has been given to purchasing the plans from the Moncton firm and provide the work to a Saint John architect to which Mr McDermott replied in the negative for the reason that the project is too far advanced for anything of this nature to occur and that it is necessary, in his opinion and the opinion of the committee members concerned, to proceed with the persons engaged other than that change being recommended above. Mr. Todd advised that, although discussions of this nature were held when the City first became involved in this project, it was not considered practical to replace the architect due to the requirement that the work which is performed is certified by the architect before the City is able to obtain any draws on its mortgage whereupon Councillor A. Vincent questioned the amount of work performed to date on the building which would affect a certificate of approval and Mr. Todd expressed concern about a new architect's willingness to certify that the work which is in place was, intended by the design architect and he commended Mr. McGrath for his service ,to date and co- operation in this project. Councillor A. Vincent expressed opposition to the former ballroom in the Admiral Beatty building being used for storage as, in his opinion, this space is too valuable to be utilized in this manner and he suggested that matters of this nature can be improved upon. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Schermerhorn I Seconded by Councillor Knibb RESOLVED that the letter from the City Manager advising that there are presently two tenants in the Admiral Beatty building as follows: Air Canada at a gross rental of $928.13 per month, and Bonnie's Barber Shop at a gross rental of $200.00 per month and, as well, there exists a lease with Canadian National Railway which permits this company to place communication equipment within the penthouse area of the building, which expires on February 28, 1986 with an option to renew for a further 3 years and allows for a monthly rental of $150.00; also advising that Air Canada has indicated its intention to vacate its premises in early May at which time it would be desirable to have this space, as well as that occupied by the barber shop; both of which occupy approximately 1,800 square feet of space, vacant to improve the future rental prospects; and recommending (1) that the City continue the same rental arrangement with Air Canada and Bonnie's Barber Shop as now exists; (2) that, when Air Canada gives notice of its intention to vacate, the City will give notice to Bonnie's Barber Shop to vacate within the same time period; and (3) that the City enter a lease agreement with CNR under similar terms as the lease between Admiral Beatty Hotel Ltd. and CNR -- be received and filed ,and the recommendations adopted. I . During ensuing discussion Councillor A. Vincent suggested that the City Manager should negotiate with Air Canada, Eastern Provincial Airways and the Federal Minister of Tourism respecting the establishment of a Federal/Provincial/Municipal tourist bureau 'in the Admiral Beatty building as it is his understanding that Federal funds are available for this type of facility and Mr. McDermott advised his intent to meet again with those concerned and report to Council on this matter in two weeks. Mr. McDermotti replying to Councillor M. Vincent's question concerning the barber shop being given first option on space in the Admiral Beatty building once the renovations are completed, advised that, as explained in Committee of the 602 Whole earlier this date, it is necessary to have the barber shop vacate its premises while the renovations and rehabilitation are being conducted. Councillor Flewwelling concurred with Councillor A. Vincent's suggestion that Council should be given the opportunity to provide input with respect to the utilization of space in this building and suggested that a teach-in should be held with Council concerning the construction, design and proposed plans for this building. Mr. Todd replied that staff anticipates submitting to Council in February the proposal call.with respect to the plans in terms of the ground floor space. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the letter from the City Manager regarding the Admiral Beatty Hotel building, the purchase of which was authorized by Council on December 27, 1984, ,submitting a copy of a report from the Deputy Commissioner of Housing & Renewal Services and Property Managment, which summarizes the intensive process of review, redesign and renegotiation with the low tenderer, Opron Construction Limited, to come up with an acceptable design at an acceptable price, and recommending that the submitted price of $4,688,378.00 fro~ Opron Construction Limited for the rehabilitation of the Admiral Beatty be accepted and that the Mayor and Common Clerk be authorized to execute the necessary contract documents on behalf of the City -- be received and filed and ,the recommendation adopted. Councillor M. Vincent asked if his understanding is correct that the tender for the above project will be a fixed price contract to which Mr~ ,Todd replied that, although it is to be a contract price, he is unable to say that the amount will not be exceeded as that will depend on construction and potential requirements for change orders during the construction stage and that it is not a fixed contract in terms that it will not be exceeded and that it could be less. Councillor M. Vincent questioned the manner in which any required change orders will be handled to which Mr. Todd replied that the Building Inspection Branch will be responsible for the technical aspects of this project in terms of approving change orders, etc., with the architect also being involved and added that staff will be providing Council with monthly reports on the Admiral Beatty project. Councillor Vaughan asked if Opron Construction Limited is planning to utilize the sub- trades of the Saint John area to which Mr. Todd replied that all the subtrades went through the bid depository system of the Saint John Construction Association. Replying to a, query of Councillor A. Vincent, Mr. Todd advised that staff anticipates having the above contract executed within the next two weeks with construction to commence immediately after that period. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that as recommended by the City Manager, the City accept the proposal of Ingram-Whitman Mortgage Corporation, acting as brokers for Canada Permanent Trust Company, to finance the rehabilitation of the Admiral Beatty, that the Mayor and Common Clerk be authorized to execute all necessary documentation to finalize the financing arrange- ments, and that the City advise Canada Mortgage and Housing Corporation that i,t is prepared to finance all costs above the mortgage amount of $5,876,289.00. Question being taken, the motion was carried. Read a letter from the City Manager regarding the request of Leander and Camiles Dempsey to temporarily locate a mobile home on property on Churchland Road, which was considered by Council on April 2, 1984, the subject site being located in an "RF" Rural Zone in which a mobile home is not a permitted use; advising that water and power are available from the applicants' dwelling on the same lot while a temporary septic tank facility is used for sewage disposal, however, the lot contains approximately 22,812 sq. ft. which is about one half the size required by Provincial regulations to support an on-site well and septic tank facilities for a single-dwelling unit and that one of the requirements for temporary placement is that Provincial regulations will be met, and recommending that, as recommended by the Planning Branch, the request of Leander and Camiles Dempsey to temporarily,locate a mobile home on the subject property not be approved. Discussion ensued regarding the reason for the above letter taking almost a year for submission to Council and whether or not the mobile home is located on the property concerned. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week with staff requested to determine the reason for the one-year delay concerning the request of Leander and Camiles Dempsey to locate a mobile home on the property concerned and report to Council. Question being taken, the tabling motion was carried. Read a letter from the City Solicitor regarding the Notice of Intention to Expropriate 904 square meters of land lying to the east of Champlain Drive and identified as Parcel "A" on the submitted plan, such notice having been filed with the Expropriations Advisory Officer by the City of Saint John on August 30, 1984, advising that the Expropriations Advisory Officer has advised that satisfactory Evidence of Compliance by the City with the relevant provisions of the Expro- priation Act has been filed with the Officer. and that no Notice of Objection has been filed with the Officer within the limitation periOd for the filing of such objection, submitting a resolution to be adopted by Council if it wishes to confirm the Notice of Intention to Expropriate, and expressing the understanding that the land in question is not occupied by any of the owners and accordingly the City may enter into possession of the land immediately upon the registration in 'the Registry Office of the aforesaid Notice of Expropriation. On motion of Councillor Schermerhorn Seconded by Councillor Knibb RESOLVED that the following resolution be adopted, namely:- . . I I . I . I I . ..J ,. 60.3' . "WHEREAS the City of Saint John on the 30th day of August, A.D. 1984 filed with the Expropriations Advisory Orficer a Notice of Intention to Expropriate the fee absolute interest in land identified as Parcel "A" comprising 904 square meters 'lying to the east of Champlain Drive, which land is more particularly described hereinafter: AND WHEREAS the Expropriations Advisory Officer has advised the City of Saint John that satisfactory Evidence of Compliance with the provisions of Section 8(4) of the Expropriation Act has been filed by the City with the Officer and further that no Notice of Objection has been filed with the Officer within the limitation period for the filing of such objection: AND WHEREAS the City of Saint John wishes to confirm the said Notice of Intention to Expropriate: I NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Saint John does hereby confirm the Notice of Intention to Expropriate filed by the City with the Officer on the 30th day of August, A.D. 1984 and does hereby authorize the execution and registration of a Notice of Expropriation of the fee simple absolute interest in the lands described in the said Notice of Intention to Expropriate which lands are therein described as follows: I All that certain lot, piece and parcel of land lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick, more particularly described as Parcel "A" on a plan entitled "Plan of Survey Slattery Management & Realty (1978) Ltd. Property, Champlain Drive, City of Saint John, Saint John County, N. B.", which plan was prepared by Murdoch-Lingley Limited, dated the 23rd day of January, 1981 and signed by Ronald J. Bastarache, N.B.L.S.". Mr. Barfoot confirmed Councillor Flewwelling's understanding that it was the original intent for McAllister Drive to go through to the McAllister Industrial Park, however, the above property is now required with respect to the construction of a new crossing at Little River to replace the present wooden bridge structure to connect Champlain Drive on the south side of the River, across the River and join the end of McAllister Drive at the traffic lights. Mr. McDermott noted that the tender for this project was called by the Province in November 1984 and has not as yet been awarded. . Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", by amending Schedule 2-A, the Future Land Use Plan of the Municipal Development Plan, to redesignate a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., from Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law Of The City Of Saint John And Amendments Thereto", was read in its entirety. I r,.<) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that the by-law entitled, "By-Law Number C.P. 100- 23 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a lot at 378 Westmorland Road (L.R.I.S. Number 316851), having a frontage of 295 ft. on Westmorland Road and a depth of approximately 450 ft., 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. 100-23 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. Report 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 I Your Committee begs leave to report that it sat on Monday, January 21, 1985, when there were present Mayor Wayne and Councillors Davis, Flewwelling, Gould, Knibb, Murray, Poley, Schermerhorn, Vaughan and M. Vincent, and your Committee submits the following recommendations, namely:- I 1. That as recommended by the City Manager, the lot on the corner of Ridge Rowand Island View Drive (L.R.I.S. Number 412106) be sold to Acadia Contractors Ltd. for the price of $25,000.00; that the transfer of title take place on or before March 15, 1985; that the cheque for $1,250.00, submitted by this company as a deposit, be deposited in the City's account to be used as a partial payment at the time of transfer; that, if the purchaser should decide to withdraw the offer for other than title problems, the deposit would be forfeited; that the City retain an option to reacquire the property for the purchase price if it is not developed with a single family house'within one year from the date of purchase; and that the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. . 2. That as recommended by the City Manager, Council approve the following leases with Ports Canada and that the Mayor and Common Clerk be authorized to execute all documents pertaining to these leases:- (1) lease number S-188(3) covering 650 sq.ft. on the southeastern side of the Causeway, which is used for sewerage purposes, at a rental of $486.00 for 1985, $505.00 for 1986 and $525.00 for 1987; (2) (a) lease number S-192(3) covering 55,800 sq. ft. on the southwestern side of the Causeway and used for a fill embankment and sewerage purposes, at a rental of $1,508 for 1985, $1,568.00 for 1986 and $1,631.00 for 1987 and (fl) that the purpose of the lease, which has been amended by staff to include "location of 42 inch sewer line" be initialed by the Mayor and Common Clerk. "'11II 604 3. That with regard to the request of Acadia Contractors Ltd. to purchase property on Peel Street, Council adopt the recommendation of the City Manager that: - (1) the' City sell the portion . of the former Peel Street north of Carieton Street to a depth of 90 feet along the western side to Acadia 'Contractors Ltd. for the price of $9,000.00; (2) a 20-foot right-of-way be reserved to allow access to the right-of~way across this company's lot and to the sewer and hydro lines in approximately the location shown on the submitted plan, with the exact location to be established by the surveyor; (3) the transfer ne conditional upon Acadia Contractors Ltd. providing documentation showing that the owner of 63-65 Carleton Street will relinquish any rights he might have to use a portion of the land for a driveway and, if such documentation is not provided, a 10 x 50 foot right-of-way be reserved for use of the adjoining owner as long as the present building exists; (4) a 20-foot right-of-way be granted to the City by Acadia Contractors Ltd. to provide access to the City land on the west; (5) Acadia Contractors Ltd. be responsible for the production of any I surveyor subdivision plans necessary to complete the transaction, and (6) the Mayor and Common Clerk be authorized to execute any documents necessary to complete this transaction. 11.' ,";~;',' That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the agreement with the Department of Community Colleges regarding the operation of the Fire Fighters' Training Academy at No.8 Fire Station, Millidgeville. January 28, 1985, Saint John, N. B. (sgd. ) Respectfully submitted, Elsie E. Wayne, C h air man. I On motion of Councillor Murray Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that section 2 of the above report be adopted. . Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Schermerhorn RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". I On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding the application of Dr. John E. H. Wait for re-zoning of property at 251-253 Metcalfe Street, the public hearing for which was held on January 21, 1985, with no readings given, recommending that (1) Common Council re-zone 251-253 Metcalfe Street from "B-2" General Business to "I-I" Light Industrial classification, subject to the developer and City entering into an agreement pursuant to Section 39 of the Community Planning Act which will provide among other matters for the following: . (1) (a) the property is to be used only for an animal hospital and accessory facilities including, among other things, a crematorium and a caretaker's apartment and an outdoor animal area, (b) the outdoor animal area shall only be used between 8:00 o'clock a.m. and 8:00 o'clock p.m., and (c) the submission of a site plan to be approved by the Commissioner of Community Planning and Development which would illustrate building location, parking facilities and landscaping, and (2) that the third reading of the re-zoning not be given until the agreement is executed. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning two vacant parcels of land located at 251 and 253 Metcalfe Street (L.R.I.S. Numbers 371922 and 413575), having a combined width of 101 ft. on Metcalfe Street and a depth of 188 ft., from "B-2" General Business 'to "I-I" Light Industrial classification, subject to the developer and City entering into an agreement pursuant to 'Section 39 of the Community Planning Act in accordance with the recommendation of the Planning Advisory Committee, be read a first time: I Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. I Question being taken, the motion was carried with Councillors Davis, Vaughan and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Murray RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John insofar as it concerns re-zoning two vacant parcels of land located at 251 and 253 Metcalfe Street (L.R.I.S. Numbers 371922 and 413575), having a combined width of 101 ft. on Metcalfe Street and a depth of 188 ft., from "B-2" General Business to "I-I" Light Industrial classification, subject to the developer and City entering into an agreement pursuant to Section 39 of the Community Planning Act in accordance with the recommendation of the Planning Advisory Committee, be read a second time: . .... ,. 505 . AND FURTHER that third reading of the proposed by-law amendment not be given until the agreement is executed in accordance with the recommendation of the Planning Advisory Committee. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. ,Question being taken, the motion was carried with Councillors Davis, Vaughan and A. Vincent voting "nay". (Councillor Gould re-entered the meeting.) On motion of Councillor Knibb I Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Eric L. Teed regarding the Fort Howe property, which the City acquired in 1962, and the number of tenants from the Fort Howe Apartment building who park their cars on the City property to the south of Magazine Street; noting that, although the Fort Howe Committee and later the Historic Sites Committee had recommended that an arrangement be made whereby the users of this parking lot would pay a fee for such use, no positive action was taken and this property is still being used by the tenants on,a free basis; expressing concern that, as there is a principle that, after 20 years use, a person may acquire an easement or a vested right and as the 20-year period is approaching, some tenants can soon argue that, since tenants have been using this area unimpeded and unrestricted and with full knowledge by the City, they have acquired a parking easement and some tenant may acquire a right of user of the property which could preclude the City from otherwise using that part of the property to which the person claims the easement, and suggesting that the City take some action to ensure that its property rights are protected -- be referred to the City Manager and the Saint John Parking Commission for a report in one week. I Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor M. Vincent RESOLVED that the letter from the Acadian Community of the City of Saint John requesting from the City financial support in the amount of $1,500.00 with regard to this group's sixth Acadian Festival which is scheduled for August 13 to 18, 1985, and submitting a draft copy of the program and budget requirement for this event -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Schermerhorn . Seconded by Councillor Knibb RESOLVED that the letter from Rocca Enterprises Ltd. expressing concern about the direction of the local economy, in view of Saint John's inflation rate increase and unemployment rate being the highest of any other Canadian city as well as the repeated delays in the starting date for the construction of the frigates, recommending that, an emergency session of Council be convened for the sole purpose of discussing the City's economic prospects with the objective of this meeting being to receive and subsequently implement specific suggestions to improve the City's economic situation and requesting Council to consider the following suggestions which, if implemented, should materially improve the economic climate and create a significant number of jobs:- (1) the Mayor's Office should be used to impress upon all parties concerned the importance of the frigate program to the City as a whole and that it is essential for negotiations between management and labour at the Dry Dock to be successfully completed now and also that the Mayor's Office be used to monitor the negotiations and bring the parties together should negotiations stall; (2) the balance of the recommendations contained in the report of the Mayor's Task Force on Economic Development should be implemented as soon as possible; (3) the funds needed to carry out planning, engineering and design work on the multi-purpose civic centre complex should be approved so that, if the financing is committed next year, construction can immediately proceed which will also create much needed jobs in architectural and engineering offices; (4) a capital works program should be implemented immediately to provide SOme work and some hope to the workers of the construction industry; and (5) a Department of Economic Development, to have a limited life span of 3 to 5 years, should be established to assist and complement the work of the Economic Development Council, with its paramount mandate to be the creation of new employment opportunities and the recommendation of creative ideas to expand the City's tax base -- be referred to the Economic Development Council for a report to Council. I I The Mayor referred to the indication in the letter to the effect that, if new industry is not attracted to the City and new projects are not developed immediately which will result in increasing the City's assessment base, the tax rate will have to continue to increase every year just to pay for existing services and, at her request, Mr. Wilson noted that staff is in the process of reviewing the City's long- term projections and, while the final figures are not as yet completed, the existing services being provided by the City are more or less funded and he does not project any drastic increases in the tax rate due to funding of existing services. Mr. Wilson added that, should Council embark on new programs, funds would have to be provided accordingly and, with the present tax base and modest increases in construction and assessment which have been experienced, he would tend to think that the City's tax rate would remain relatively consistent. During ensuing discussion Councillor Knibb advised that he found it both interesting and disturbing that a private enterpriser, like Mr. Rocca, is reverting to the type of economics that when there is a recession it is the government's responsibility to provide funding and maintain a low tax rate and that, in his opinion, Mr. Rocca's letter is not being critical of the City. Deputy Mayor Davis advised that, although the above letter warrants much consideration, he takes great issue with Mr. Rocca respecting the effect of taxation on the City of Saint John as what was considered as high taxation was one of the reasons why thousands of people moved out of the City and that, in his opinion, it cannot be seriously argued that a high tax rate is good for the City's development and that it is the resources which are the critical issue and he commented on his preparation of a 10-year comparison of Saint John with Fredericton, Moncton, Quispamsis, Rothesay, etc. which shows the annual increase of net budgets as opposed to the tax bases. Councillor A. Vincent expressed support of the above letter and concurred with the suggestion therein that one person should be assigned to solely search out Federal and Provincial grant programs. I Question being taken, the motion was carried. On motion of Councillor Gould . Seconded by Councillor Schermerhorn RESOLVED that the notices from the Liquor Licensing Board advising that applications of Nojo Ltd. for a special premises (recreational) license, and Moon Palace (1969) Ltd. for a dining room license, with respect to premises at 400 Hilyard Place and 38-40 Sydney Street, respectively, will be heard on February 1, 1985 -- be received and filed. ... ""'""'lIIl 606 Question being taken, the motion was carried. . On motion of Councillor Gould Seconded by Councillor Schermerhorn RESOLVED that this meeting be adjourned. Councillor A. Vincent asked the commencement date of the contract for the extension of the carpenter shop to which Mr. McDermott replied that he will report on this matter in the very near future. Question being taken, the motion was carried. I Yk1!dcra/~ I . I. . I 1 . ....