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1990-01-02_Minutes 82-140 COMMON COUNCIL JANUARY 2, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the second day of January, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent, and M. Vincent - and - Messrs. N. Barfoot, Deputy City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager - Development; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; B. Sheridan, Director of Parks; R. Johnston, Deputy Fire Chief; C. Cogswell, Deputy Chief of Police; P. Asimakos, Planner; and Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on December 18, 1989, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Mayor's letter regarding sewage collection and treatment facilities (which was included on the Committee of the Whole agenda on this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed Zoning By-Law text amendment to delete from Section 840(1) the words "and without a permit from the Building Inspector therefor.", to make it clear that a permit is required for the placing, erecting or displaying of a sign on any land, building, or structure, and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee advising that the amendments to both the Zoning and Building By-Laws, as indicated in the submitted Planning staff report, are recommended for approval, and recommending that (1) Section 840(1) of the Zoning By-Law be amended by deleting the words "and without a permit from the Building Inspector therefor. "; (2) Section 2.1 (a) of the Building By-Law be amended by adding the words "including a sign" after the words "building or structure"; and (3) Section 2.4.10) of the Building By-Law be amended to read "signs exempted by Section 840(11) of the Zoning By-Law.". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John by deleting from Section 840(1) the words "and without a permit from the Building Inspector therefor", be read a first time. 82-141 COMMON COUNCIL JANUARY 2, 1990 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 Fitzpatrick RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John by deleting from Section 840(1) the words "and without a permit from the Building Inspector therefor", 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 Knibb Seconded by Councillor A. Vincent RESOLVED that the by-law to amend the Building By-Law of the City of Saint John by (1) adding the following words to Section 2.1 (a) "including a sign" after the words "building or structure"; and (2) amending Section 2.4.10) to read "signs exempted by Section 840(11) of the Zoning By-Law, be read a first time. Read a first time the by-law to amend the Building By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law to amend the Building By-Law of the City of Saint John by (1) adding the following words to Section 2.1 (a) "including a sign" after the words "building or structure"; and (2) amending Section 2.4.10) to read "signs exempted by Section 840(11) of the Zoning By-Law, be read a second time. Read a second time the by-law to amend the Building By-Law of the City of Saint John. Question being taken, the motion was carried. On motion of Councillor A. Vincent 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. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to a Section 39 resolution of June 23, 1986 with respect to the property at 3320 Westfield Road in the following manner:- (1) deletion of the requirement to provide curbs between the subject property and adjoining properties to the north and south; (2) deletion of the requirement for a chain link fence to enclose the equipment storage yard and the addition of a condition to require the gradual sloping, treeing and landscaping of the sidelines at the north and south of the subject property so as to screen it more effectively; (3) require completion of a solid (wooden) fence for the enclosed storage of small equipment or items; (4) amend the site development plan to provide for a 25-foot buffer area when a 50-foot buffer area adjacent to the new property line was previously to remain undisturbed; and (5) deletion 82-142 COMMON COUNCIL JANUARY 2, 1990 of the requirement to pave the driveway; to reflect more accurately to the way the property is used and to provide for appropriate landscaping and screening, as requested by Keel Construction Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that Common Council resolution of June 23, 1986, pursuant to Section 39 of the Community Planning Act, be amended as follows and as indicated on the submitted site plan dated December 19, 1989: (1) the chain link fence be deleted from the required improvements and, in place of said fence, the side yards be landscaped with grass and evergreen trees to provide a buffer, acceptable to the Development Officer; (2) the rear yard setback requirement be reduced to 7.5 meters (24.6 feet) as required by the Zoning By-Law on the condition that all existing trees within the 7.5 meter setback area remain undisturbed; (3) the concrete curbing be installed on the southern property line which separates the River Road Co-Op Ltd. property and the subject site as indicated in the June 1986 site plan, and also the curbing on the northern boundary be deleted on the condition that the entrance remains no greater than 5.5 meters (18 feet) in width and that the owners of the two properties enter into a legal agreement which identifies use and ownership rights of each party; (4) no portable signs be permitted on the property and that any other signage be approved by the Development Officer; (5) a board-on-board fence 2 meters (6.5 feet) in height be constructed at the rear of the main building, large enough to house all miscellaneous equipment and materials stored on the property, other than in enclosed storage areas, and also that this fence be continued across the width of the property from the main building to the southern property line with a gate to the rear yard area; (6) the preceding measures be clearly indicated on a site plan to be approved by the Development Officer; (7) the landscaped perimeter, which is to take the place of the chain link fence, be bermed 18 inches above the surface of the parking area; (8) the requirements of the Provincial Environment Act and the following be conformed to: (a) no outside storage of petroleum products without a retention area to control/store any product resulting from a leak; (b) no storage of hazardous materials; (c) no outside storage of salt; (d) no servicing of equipment in the yard which will result in the loss of product into the ground; (e) as part of the landscaping around the perimeter of the property, the installation of a berm to control the flow of surface water; and (f) installation of internal taps to collect oil, grease, gas, etc.; (9) construction vehicles and heavy equipment be parked behind the wooden fence in the rear yard area; and (10) all physical improvements of this recommendation be completed prior to October 31, 1990. Mr. Ralph Poley, solicitor for Keel Construction Ltd., appeared in support of the proposed amendment and, in advising that the applicant has agreed to comply with the recommendation of the Planning Advisory Committee, requested Council to give consideration to amending (5) above by, if the fence must go laterally across the property, permitting that at least the gate of the fence be of some construction, possibly chain link, to allow for some visibility so that the rear of the lot can be seen from the street. Mr. Poley explained that the reason for this request is made on the basis of his client's concern that, if a fence of solid construction is placed laterally across the property from the end of the building to the property line, this would not only shield equipment but would create a problem with visual security in that it would make it impossible for anyone to see, for example Police cruisers checking commercial properties, from the highway what is taking place behind the fence, and also that snow would pile up around the fence. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that Common Council resolution of June 23, 1986, pursuant to Section 39 of the Community Planning Act, be amended as follows and as indicated on the submitted site plan dated December 19, 1989: (1) the chain link fence be deleted from the required improvements and, in place of said fence, the side yards be landscaped with grass and evergreen trees to provide a buffer, acceptable to the Development Officer; (2) the rear yard setback requirement be reduced to 7.5 meters (24.6 feet) as required by the Zoning By-Law on the condition that all existing trees within the 7.5 meter setback area remain undisturbed; (3) the concrete curbing be installed on the southern property line which separates the River 82-143 COMMON COUNCIL JANUARY 2, 1990 Road Co-Op Ltd. property and the subject site as indicated in the June 1986 site plan, and also the curbing on the northern boundary be deleted on the condition that the entrance remains no greater than 5.5 meters (18 feet) in width and that the owners of the two properties enter into a legal agreement which identifies use and ownership rights of each party; (4) no portable signs be permitted on the property and that any other signage be approved by the Development Officer; (5) a board-on-board fence 2 meters (6.5 feet) in height be constructed at the rear of the main building, large enough to house all miscellaneous equipment and materials stored on the property, other than in enclosed storage areas, and also that this fence be continued across the width of the property from the main building to the southern property line with a chain link gate to the rear yard area; (6) the preceding measures be clearly indicated on a site plan to be approved by the Development Officer; (7) the landscaped perimeter, which is to take the place of the chain link fence, be bermed 18 inches above the surface of the parking area; (8) the requirements of the Provincial Environment Act and the following be conformed to: (a) no outside storage of petroleum products without a retention area to control/store any product resulting from a leak; (b) no storage of hazardous materials; (c) no outside storage of salt; (d) no servicing of equipment in the yard which will result in the loss of product into the ground; (e) as part of the landscaping around the perimeter of the property, the installation of a berm to control the flow of surface water; and (f) installation of internal taps to collect oil, grease, gas, etc.; (9) construction vehicles and heavy equipment be parked behind the wooden fence in the rear yard area; and (10) all physical improvements of this recommendation be completed prior to October 31, 1990. The motion initially proposed by Councillor Knibb and seconded by Councillor Flewwelling was to adopt the Planning Advisory Committee's recommendation; however, the motion was changed as indicated above with the consent of the mover and seconder upon Mr. Bedford's confirmation that, having discussed the gate issue further, if Council determines it appropriate that the gate be chain link, that may suffice in terms of providing the security needed, but that staff would suggest that the balance of the fence remain a solid board fence. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that the letter from Mayor Wayne submitting a report from the Federation of Canadian Municipalities on a proposed policy on the cost apportionment of grade separations by the National Transportation Agency; suggesting that the City should be taking up with its local M.P. the matter of a grade separation at Thorne Avenue, which has been one of the City's priorities; and recommending that this matter be referred to the City Manager and appropriate staff to prepare a reply so that she may respond as a member of the Board of FCM -- be received and filed and the recommendation adopted. Her Worship the Mayor noted the January 5 deadline for comments to FCM; and Councillor Fitzpatrick suggested that Rothesay Avenue could be looked at as an alternative location to Thorne Avenue for a grade separation on the basis that the property may be less expensive in the former area. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mayor 82-144 COMMON COUNCIL JANUARY 2, 1990 Wayne submitting a copy of a letter from The Honourable Vaughn Blaney, Minister of the Environment, confirming that financial assistance has been approved for upgrading the Lancaster sewage treatment plant, having originally budgeted for 80% assistance based on an estimated project cost of $3,300,000, with the revised estimate being $5,960,000; suggesting that, as soon as the preferred alternative is identified and cost estimates prepared, funding arrangements which are compatible with current and project budgets can be agreed upon, with the possibility that the Province will fund the project over the 1990-91 and 1991-92 fiscal years if he is to keep his commitments to other municipalities; and also confirming that funds have been identified to assist the City of Saint John in the construction of sewage collection and treatment facilities for sanitary wastes currently being discharged untreated, and suggesting that funding arrangements be determined once the project is better defined and more accurate estimates of the capital cost are obtained; and concluding that he would be pleased to comment as soon as a draft of the terms of reference for a study is completed by the City, with his suggestion being that a committee made up of City staff and representatives of his Department be set up to review proposals from engineering consulting firms and, upon completion of the study, the committee would then make recommendations for funding arrangements and project scheduling -- be received and filed and a copy be forwarded to the Assistant City Manager - Operations. The Mayor advised that she referred earlier this date a further letter from The Honourable Mr. Blaney's Office regarding terms of reference for cost sharing of engineers and consultants; and during discussion Councillor A. Vincent suggested that, as it appears that the City of Halifax, Nova Scotia, is to receive $2.5 million in Federal funding for its Harbour clean-up, staff should determine the availability of Federal funds for the City of Saint John for the above project. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from Councillor Flewwelling requesting that staff report to Council on the priorities for the plowing of sidewalks in the City during the winter months -- be referred to the City Manager for a report to Council. Councillor Flewwelling expressed concern about the lack of sidewalk plowing due to the hazard created to pedestrians who must walk on the streets, as well as about the condition of intersections in the City when oncoming traffic is not visible due to the height of snowbanks; Councillor Landers asked about the snow removal procedure; and the Mayor questioned the procedure at intersections when streets are icy insofar as flashing traffic lights are concerned. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting due to a possible conflict of interest.) Read a letter from City Manager advising that the Legal Department has received a request from Mr. William Grant, solicitor for B.L.E.U. Non-Profit Housing Inc., that Common Council authorize the necessary steps to effect closing of the street commonly known as Blue Rock Hill, a similar request having been tabled by Council at Mr. Grant's request on January 9, 1989; and recommending that Council adopt the submitted resolution as prepared by the Legal Department. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that authorization be granted by Common Council for the necessary advertising for the proposed closing of the street commonly known as Blue Rock Hill, with the public hearing to be held on January 29, 1990. Question being taken, the motion was carried. 82-145 COMMON COUNCIL JANUARY 2, 1990 (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's December 18, 1989 request for information on the new storage building at Dominion Park, Dominion Park is staffed 8 hours per day, 7 days a week with an arena/park attendant during the summer months and the new maintenance shed will provide a lockup for the necessary motorized equipment for maintaining Dominion Park, as well as materials such as barbecues, cleaning supplies, garbage bags, hand tools, paint, etc.; also advising that the insurance recovery for the former caretaker's residence which was destroyed by fire on January 29, 1989, was $41,000, and that the new storage building will be constructed of a texture finish block and will be located beside the turn-around at the east end of the beach as per the submitted plan -- be received and filed. Councillor Rogers questioned the reason for changing from a resident caretaker to an arena/park attendant and whether vandalism has increased or decreased at the Park in the absence of the former, to which Mr. Sheridan replied that, with respect to vandalism, statistics are not available to indicate the number of incidents of vandalism over a given period of time, although staff certainly does not have the sense that vandalism has dramatically increased at that location since the caretaker has not been living at the site; and Mr. Barfoot explained that, while there is an administrative policy involved which is to get the best service for the resources available, in his opinion it is not a change in policy. Mr. Sheridan explained why, following the resignation from the City in 1987 of the Dominion Park caretaker and in attempting unsuccessfully to negotiate into the collective agreement concerned an article which would provide for the hiring of in-resident park attendants for not only Dominion Park but for other sites, an inspection of the facility indicated that several thousand dollars worth of work was required on the residence to make it reasonable for habitation again and that, in the process of trying to determine if the building was worth the investment of the work necessary, the fire occurred which resulted in the loss of the residence and the decision of whether or not to build another residence at a cost far greater than what the insurance funding provided, or another facility which would provide a summer operation and maintenance service at Dominion Park, and that, given the resources available and based on the fact that during the previous season wherein there was no live-in resident at the Park and satisfactory service was provided to the Park, it was determined that a small maintenance facility was required for the site. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager submitting a letter from Lantic Sugar Limited requesting a parking restriction near the Refinery on Charlotte Street where transport trucks are experiencing difficulty because vehicles park on the east side of the street between Vulcan Street and the railway, and that a staff inspection of the site indicates that the portion of Charlotte Street south of Vulcan Street serves no other purpose than to provide access to Lantic Sugar Limited; and recommending that the submitted amendment 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 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", with regard to parking on Charlotte Street, be read a first time. Read a first time the by-law entitled, "A By-Law To Amend A By-Law 82-146 COMMON COUNCIL JANUARY 2, 1990 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 Knibb Seconded by Councillor Coughlan 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 Charlotte Street, be read a second time: AND FURTHER that the proposed amendment be referred to the Legal Department for appropriate action. 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 Coughlan Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that the submitted complaint and other telephone complaints concern vehicles parking on both sides of Northumberland Avenue between Westmorland Road and McLaughlin Crescent on the basis that it impedes snow removal and traffic on a hill with a blind knoll, and that site inspections confirm that there is a problem with parked vehicles on a roadway that features below average conditions and that a parking restriction on the east side of the street is preferable in order to avoid further problems with turning movements at the two intersecting streets off Northumberland Avenue; also advising that the Operations Branch has indicated that snow plows are encountering problems on Northumberland Avenue when vehicles park on both sides of the street and that, while there is a preference for a total parking prohibition on this difficult street, a partial ban on one side should help to make winter maintenance less of a problem; further advising that, because the cost for winter maintenance is increased when a snow plow is delayed pending removal of an obstructing vehicle or must return to a site to clear away an area where a vehicle has been parked previously, staff will be making further recommendations for parking restrictions on other streets where snow plows are meeting exceptional problems; and recommending that the submitted Traffic By-Law amendment be given first and second readings and referred to the Legal Department for appropriate action -- 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", with regard to parking on Northumberland Avenue, be read a first time. Read a first 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 Coughlan Seconded by Councillor Davis 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 Northumberland Avenue, be read a second time: 82-147 COMMON COUNCIL JANUARY 2, 1990 AND FURTHER that the proposed amendment be referred to the Legal Department for appropriate action. 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. Read a letter from the City Manager submitting a report from the Legal Department regarding a request from the solicitor for Mr. Eric E. McCarron for an easement permitting the encroachment of a building at 6 McLean Street upon the street, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Mr. Eric E. McCarron to permit the encroachment of his building upon MacLean 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 Flewwelling RESOLVED that as recommended by the City Manager, contract 89-18, variable speed pump controls, sewage lift station, Rothesay Avenue and Simpson Drive, be awarded to the low tenderer, O'Brien Electric Co. Ltd., at the tendered amount of $134,140, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for concession facilities at Lily Lake be awarded to 046098 N.B. Ltd., being the holding company of Saint John Y's Men's Club, and that the Mayor and Common Clerk be authorized to execute the contract. Mr. Barfoot explained that, as the Saint John Y's Men's Club is not an incorporated body and therefore unable to enter into a contract, the Club has requested that its holding company be named as the party to enter into the contract, the holding company having the same members and officers as the Club; and that, with regard to the indication in the submitted tender report that the Club has manned the concession facilities since December 26 having been advised by letter that it would be necessary for the tender to be approved by Common Council at this meeting, the Club provided the service on the basis of his letter to it indicating that its tender would be recommended to Council. Councillor Rogers asked if the City requires concessionaires to tender for its products or to sell particular brand-name products, or if concessionaires are permitted to operate the facility as desired, to which Mr. Sheridan expressed the understanding that the City does not require concessionaires to sell particular brand- name products. Councillor Fitzpatrick asked whether or not it was negotiated into the contract that, as in previous years, the concessionaire would give the use of the canteen facilities to the Skate '90 and Outdoor Speedskating Championship events in January 1990, to which Mr. Sheridan replied that at the time of the 1989 Speedskating event the City did not have an awarded contract and extended the services previously provided by the Horticultural Association and the concessionaire agreed to turn the entire canteen facility over to the group, and that, for the Skate '89 event, the City 82-148 COMMON COUNCIL JANUARY 2, 1990 worked with the concessionaire to agree to allow the organization to set up additional canteens at the facility; and advised that the ability to discuss with the concessionaire the set up of additional canteens is still within the contract in question. Councillor M. Vincent, Chairman of the Charles I. Gorman Memorial Race and the New Brunswick Outdoor Speedskating Championship event, advised that, having just met with in this regard with the Y's Men's Club, an arrangement has been made satisfactory to the Major Tournament Committee and Speedskating Group with respect to the January 13 event. (Councillor M. Vincent entered the meeting during the above discussion.) Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Traffic By-Law amendment with regard to parking on Wilmot Street, which was given first and second readings on December 18, 1989. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 Wilmot 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. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", 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 And Sewerage", 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 December 18, 1989, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Mr. C. E. (Nick) Nicolle be appointed as the City's nominee to the board of arbitration with regard to Local No. 18, C.U.P.E., grievance 89-34 on behalf of Mr. Calvin MacKinnon. 2. That as recommended by the Nominating Committee, (1) Mrs. Eileen Cullen and Messrs. Larry Hanley and Donald A. Bonnell be appointed to the Planning Advisory Committee for a term of three years effective January 1, 1990; and (2) Mrs. Marion Elliot be re-appointed to the Board of Commissioners of the Saint John Free 82-149 COMMON COUNCIL JANUARY 2, 1990 Public Library for a term of three years effective January 1, 1990. 3. That as recommended by the City Manager, the submitted report on the Federal Goods and Services Tax be forwarded to Provincial-Municipal Council Inc. for appropriate action and follow up with the Province of New Brunswick. January 2, 1990, Saint John, N.B. 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. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis 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 Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Nancy Wilson, an employee of the Fire Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to her permanent disability. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan of 110 Cottage Road showing the proposed public utility easement. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan of Fundy Region Development Commission Inc. (photo-reduction submitted), with regard to 211 King William Road, showing the municipal services easement and the public utility easement. Question being taken, the motion was carried. 82-150 COMMON COUNCIL JANUARY 2, 1990 On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that as recommended by the Planning Advisory Committee, Council assent to the subdivision plan of the Department of Supply and Services with regard to 1890 Manawagonish Road showing the public utility easement. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from The Honourable Hubert Seamans, Minister of Municipal Affairs, advising that the Provincial Government has made a commitment, in the building or leasing of all new public buildings, to provide barrier-free access for physically disabled people and, as well, has embarked on a program to upgrade existing facilities to barrier-free access standards; submitting a publication, "Barrier-Free Design: Access to and use of buildings by physically disabled people", produced by the Provincial Department of Supply and Services and accepted as the standard for Provincial Government accommodations for physically disabled persons, and can serve as a useful guide for all municipal accommodations as well; and urging all municipalities to join the Province in adopting these standards in order to make them an essential part of public facilities and to enable the full participation of all citizens -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letters from The Honourable J. Raymond Frenette, Minister of Health and Community Services; and The Honourable Laureen Jarrett, Minister of Income Assistance; responding to Common Council resolution of November 20, 1989, concerning the enforcement of the Minimum Property Standards By-Law in order to eliminate poor housing conditions within the City -- be received and filed and staff prepare for Council's consideration a resolution in this regard for submission to the Cities of New Brunswick Association. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that authority be granted for payment of the invoice of the Federation of Canadian Municipalities, in the amount of $7,065.24, for the City of Saint John's membership fee for April 1 , 1990 to March 31, 1991. In response to a query of Councillor Knibb, Mr. Wilson advised that the above fee is approximately $400 more than last year's fee, and Councillor A. Vincent asked that the population total of 76,381 on which the above amount is based be verified prior to payment. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the 82-151 COMMON COUNCIL JANUARY 2, 1990 Federation of Canadian Municipalities advising that the resolution submitted by the City of Saint John, concerning a municipal infrastructure program for specific areas of need, was adopted by the FCM Annual Conference last June in Vancouver, and that the 1990 policy statement of the FCM Task Force on Infrastructure will be reviewed in the coming months and the City's concerns will be included in the new strategy that will be devised and published in the Standing Committee and Task Force New and Revised Policy Statements available at the next annual meeting to be held in Quebec City -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from Provincial-Municipal Council Inc. submitting the responses of the Ministers of Supply and Services, Transportation and the New Brunswick Housing Corporation to a resolution requesting the Province to adopt a program of maintenance for all Provincial lands and buildings originating in municipalities, which originated from the City of Saint John to the Cities of New Brunswick Association -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the necessary advertising be authorized with regard to the application of Mr. Willard Trites for a Municipal Plan amendment and re-zoning of property at 327 Charlotte Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Saint John Central Business Development Corporation advising that, following a presentation by Mr. Michael Wennberg, Secretary of The Bi-Capitol Project, Inc., the Corporation passed a motion stating its full support of the Bi-Capitol Project at its present location, and expressing the wish that the City of Saint John, the Province of New Brunswick, and the Government of Canada will continue to work cooperatively to ensure the completion of this Project in the near future -- be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk