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1990-03-05_Minutes 82-248 COMMON COUNCIL MARCH 5, 1990 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, AD. 1990, at 4:00 o'clock p.m. present Arthur L. Gould, Esquire, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; P. Groody, Commissioner of Human Resources; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; B. Sheridan, Director of Parks; B. Thompson, Deputy Chief of Police; R. Johnston, Deputy Fire Chief; R. Adams, Property Management; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Mark Dale of Forest Hills Baptist Church offered the opening prayer. Deputy Mayor Gould proclaimed the week of March 10 to 17 to be St. Patrick's Week and the month of March 1990 to be Learning Disabilities Month in the City of Saint John and, at the Deputy Mayor's invitation, Fabienne McKay of the Learning Disabilities Association addressed Council concerning the matter of learning disabilities, information in this regard having been distributed to Council members at this meeting. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the City Manager's report concerning the sale of the freehold interest in the Blue Rock property (which is on the agenda of the Committee of the Whole meeting of this date) be added to the agenda for consideration at this meeting. (Councillor A Vincent withdrew from the meeting.) Question being taken, the motion was carried. (Councillor A Vincent re-entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from the Saint John Board of Trade (copies of which were forwarded to Council members as an information item) regarding the City's financial position and the Economic Development Strategy -- be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on February 26, 1990, be approved. Question being taken, the motion was carried. 82-249 COMMON COUNCIL MARCH 5, 1990 On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne submitting a letter from the Village of Minto extending an invitation to the City and any interested local group or organization to enter a float in the 19th Annual Minto Coal Mining Festival parade to be held on June 30, as well as to set up a display booth at the Minto Centennial Arena -- be received and filed. Councillor Knibb, in response to Deputy Mayor Gould's suggestion that the above matter should be referred to the City Manager for review, clarified that the point of the motion is to indicate that, while Council wishes Minto well, it has no intention of getting involved. Councillor Rogers suggested that some form of co- operation between the City and Minto should be shown, possibly through a display booth on the economic benefits of Saint John, thereby providing an opportunity to assist a neighbouring municipality as well as promoting the City of Saint John. Councillor M. Vincent suggested that a copy of the above letter should be referred to the Saint John Board of Trade in the event that other groups or organizations may wish to participate. (Councillor Coughlan entered the meeting during the above discussion.) Question being taken, the motion was lost with Deputy Mayor Gould and Councillors Davis, Flewwelling, Landers, Rogers, A. Vincent and M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the Village of Minto regarding its Annual Minto Coal Mining Festival -- be referred to the City Manager and to businesses in the Saint John area through the Saint John Board of Trade notifying them of the Minto offer and that, if feasible, a booth be set up. Question being taken, the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". Read a letter from Mayor Wayne advising that the Maritime Provinces Higher Education Commission has approved an allocation of funds, subject to the Government of New Brunswick providing capital assistance, for a future multi-use academic building for the Saint John Campus of the University of New Brunswick; and recommending that Council go on record in requesting the Premier to allocate funds in the 1990 budget for the multi-use academic building for the Saint John Campus. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John go on record as supporting the growth of the University of New Brunswick in Saint John by the addition of a multi-use unit. Question being taken the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mrs. Cathy Akerman of 6 Goodrich Street regarding the possible upgrading of sidewalks and prohibition of parking on the east side of Goodrich Street; and requesting that this matter be referred to the City Manager for a report to Council -- be referred to the City Manager. 82-250 COMMON COUNCIL MARCH 5, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as requested by Mayor Wayne, the submitted letter from Mr. E. Reevey asking acceptance of his resignation, effective immediately, as a member of the Saint John Port Development Commission, be referred to the Nominating Committee for a replacement and Mr. Reevey be thanked for his services as Chairman of the Saint John Port Development Commission. The status of the Commission was questioned by Councillor Fitzpatrick on the basis that the Commission members' terms may have expired on February 15, to which Mr. Taylor advised that the terms did not expire on February 15, and Councillor Flewwelling, a member of the Commission, expressed the understanding that, upon expiry, members' terms would continue until replacements were named and that the Vice Chairman would take the chair upon the chairman's resignation. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a copy of an article from The Telegraph-Journal newspaper and an article from the Reader's Digest magazine concerning the effect of common road salt on cars, plants, animals, water and property, and the search for substitutes to sodium chloride; and requesting that this matter be referred to the City Manager and appropriate staff for study as to what alternatives are available and, if it is possible to make changes and to maintain safety standards -- be referred to the City Manager for appropriate action and a report to Council. Question being taken, the motion was carried. (Councillor A. Vincent withdrew from the meeting due to a possible conflict of interest.) On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) the City's freehold interest in land on Blue Rock known as L.R.I.S. Number 368076, shown as Lot "A" on the submitted plan, be sold to B.L.E.U. Non- Profit Housing Inc. for a price of $1,250; and (2) the City's freehold interest in land on Blue Rock known as L.R.I.S. Number 367565, shown as Lot "B" on the submitted plan, be sold to B.L.E.U. Non-Profit Housing Inc. for a price of $1,360. Question being taken, the motion was carried. (Councillor A. Vincent re-entered the meeting.) On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the Saint John Board of Trade expressing satisfaction with the City's financial position and administration during the past year; and advising that the Board is particularly interested in prompt implementation of the Saint John Tomorrow leadership committee structure proposed by the report and views the report on the Economic Development Strategy as a regional economic development strategy and is accordingly pleased to note the involvement of the outlying municipalities -- be received and filed. Question being taken, the motion was carried. 82-251 COMMON COUNCIL MARCH 5, 1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 89-16 Dever Road Storm Sewer Outfall Ditch Galbraith Construction Ltd. Total estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated February 27, 1990 Final holdback release $15,279.00 20,340.00 Nil 17,289.00 $ 3,051.00 Question being taken, the motion was carried. Read a letter from the City Manager advising that the City's Chief Accountant has submitted his resignation effective March 16, 1990 and, as he is currently one of the City's signing officers, it will be necessary in the interim to filling the position to have a third signing officer; recommending that Mr. Brian Belyea, Budget Officer, who has assumed this responsibility in the past, be again the third signing officer; and also recommending adoption of the two submitted banking resolutions in this regard. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED: A. That the resolution dated November 7, 1988 relating to the operation of bank accounts for The City of Saint John with The Bank of Nova Scotia be and is hereby rescinded: AND FURTHER RESOLVED: B.1 That accounts in the name of The City of Saint John (herein called the "City") and bearing the following names and numbers shall be kept at The Bank of Nova Scotia: Current Account 0053-12 Payroll Account 0001-16 2. That any two of the: Commissioner of Finance Deputy Commissioner of Finance Budget Officer 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. 82-252 COMMON COUNCIL MARCH 5, 1990 3. That anyone of the: Commissioner of Finance Deputy Commissioner of Finance Budget Officer 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. 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. C.1. That notwithstanding resolution B.2(b), 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 the mechanically-imprinted facsimile signatures of the Commissioner of Finance and the Deputy Commissioner of Finance, The City of Saint John will and does hereby undertake to hold The Bank 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. (Rescinded January 21, 1991 Bk. 82 pg. 752 ) Mr. Taylor clarified that, with regard to Councillor A. Vincent's observation that a letter from the City Manager (copies of which were forwarded to Council members as an information item) refers to a position title change from Chief Accountant to Manager - Accounting Services, the title change is not related to the above motion. Question being taken, the motion was carried. 82-253 COMMON COUNCIL MARCH 5, 1990 On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED: 1. That the resolution dated November 7, 1988 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 resolution be adopted in its 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 5067 - 467 O'Connell Trust 5067 - 475 Tucker Trust 5067 - 483 Ross Memorial Trust 5067 - 491 Stockford Memorial Trust 5067 - 520 Recreation Development Fund 5067 - 547 Land Subdivision Trust 5067 - 555 Equipment Replacement Fund 5067 - 563 A. Carle Smith Trust shall bear the signature of any two of the following officers: Commissioner of Finance Deputy Commissioner of Finance Budget Officer 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. 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 mechanically- imprinted facsimile signatures of the Commissioner of Finance and the Deputy Commissioner of Finance, 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 Budget Officer of The City of Saint John be and are hereby authorized for and on behalf 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, cheques 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. 6. That the Commissioner of Finance, Deputy Commissioner of Finance or Budget officer are hereby authorized for and on behalf of the said City from time to time to 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. 7. That any two of the following officers, namely; Commissioner of Finance, Deputy Commissioner of Finance or Budget Officer, be and are hereby 82-254 COMMON COUNCIL MARCH 5, 1990 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. (Rescinded January 21, 1991 Bk. 82 pg. 754 ) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the submitted schedule of rates, fees and charges for Rockwood Park be approved for 1990. During discussion Mr. Sheridan explained that, although the above schedule was not reviewed by the Rockwood Park Advisory Board as its mandate is to deal with development issues related to Rockwood Park, the schedule was reviewed, in accordance with the practice as per the terms of reference of the Recreation and Parks Advisory Board; and he responded to Council queries related to the increases for sleigh rides and green fees. (Councillor Coughlan withdrew from the meeting during the above discussion.) Question being taken, the motion was carried with Councillor A. Vincent voting "nay". (Councillor Coughlan re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that agreement has been reached with the Department of the Environment on the details of the process that has been chosen for the proposed expansion of the Lancaster wastewater treatment plant, and that the consultant has been directed to prepare plans and specifications for reconstruction of the treatment plant, with the intention to be operational by the end of the 1990 construction season; commenting on the proposed method of expansion as detailed on the submitted sketch; also advising that, as part of the approval process by the Provincial Department of the Environment, it will be necessary to submit a registration form for the project under Section 5(2) of Regulation 87-83 of the Clean Environment Act, and that the estimated cost of the proposed expansion is $4,450,000, including appropriate engineering allowances and that, based on this estimate, the City's share of the cost will be $890,000, which will vary in direct proportion with the actual costs incurred; and recommending that the Mayor and Common Clerk be authorized to execute registration documents for the project in compliance with Section 5(2) of Regulation 87-83 of the Clean Environment Act -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the report from the City Manager advising that Leighside Holdings Ltd. has requested parking restrictions on Sussex and Cambridge Drives in Millidgeville where the Company operates five apartment buildings, on the basis that the restricted width of the streets prevents two vehicles from passing one another in opposite directions due to parked vehicles and 82-255 COMMON COUNCIL MARCH 5, 1990 the problems encountered by snow plows which do not have sufficient space to plow without taking chances of hitting a parked vehicle, and that the Works Department has confirmed that the Sussex Drive area is a problem for snow plows and would welcome an improvement in the situation; 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 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 A. Vincent Seconded by Councillor Flewwelling RESOLVED 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". (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. Read a letter from the City Manager submitting a letter from the Legal Department advising of a request from Mr. James D. Murphy, solicitor for Mr. Barry E. Campbell, for an easement permitting the encroachment of his client's building at 122 St. James Street West upon St. James Street West and Victoria 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 Barry E. Campbell to permit the encroachment of his dwelling upon St. James Street West and Victoria Street; such easement to terminate with the destruction or removal of the said encroachment. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that in accordance with the recommendation of the City Manager and the Fire Chief, Common Council confirm the following appointments to the Saint John Salvage Corps and Fire Police for the year 1990, namely:- Harold Mayes, Captain; Norman Wasson, First Lieutenant; Dave Owens, Second Lieutenant; Robert Campbell, Treasurer; Harold Peddle, Secretary; John Pipes, First Foreman; Charles Gary, Second Foreman; Rene Robichaud, Third Foreman; and Ronald Snow, Fourth Foreman. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the 82-256 COMMON COUNCIL MARCH 5, 1990 City Manager, the tender for the supply of sweeper brooms be awarded to Rantex Brushes Inc. as follows:- item 1 - $364.00 each; item 2 - $190.80 each; item 3- $294.00 each; item 4B - $120.60 each; item 5 - $270.30 each; and item 6 - $94.86 each, as indicated in the submitted summary of bids. (Councillor Fitzpatrick re-entered the meeting.) Councillor Davis made the observation that Standard Machinery & Equipment Co. of Saint John is the low tenderer on item 4A whereupon Mr. Taylor noted that no recommendation for award is made on this item as the City will not be purchasing any of the brooms in question in the future and the item will be removed from subsequent tender calls. Councillor A. Vincent expressed opposition to the practice of calling tenders on an item not to be purchased and suggested that, as Councillor Flewwelling's question as to whether or not the above prices are f.o.b. Saint John cannot be answered at this time, the matter should be tabled pending receipt of this information. On motion of Councillor A. Vincent Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week for additional information. Question being taken, the tabling motion was lost, a tie vote having been created with Councillors Coughlan, Davis, Knibb, Landers and Rogers voting "nay". Question being taken, the original motion was carried with Councillors Flewwelling, A. Vincent and M. Vincent voting "nay". Read a report from the City Manager submitting the proposed 1990 Establishment as reflected in the City's 1990 Operating and Water and Sewerage Budgets; advising that the Police Force Establishment, including inside worker (Local 486) and outside worker (Local 18) positions will be reported separately through the Chief of Police and the Saint John Board of Police Commissioners; and recommending approval of the proposed 1990 Establishment. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, Council approve the 1990 Establishment of 753 permanent positions, including eight (8) additions, one (1) term position and two (2) job changes: AND FURTHER that the submitted establishment list for Community & Economic Development be amended to indicate 4, rather than 5, Director positions, and 1 position of Building Inspector and Director. Councillor Rogers noted that, if Council approves the above establishment, the City would have hired 26 individuals between 1985 and 1990 and asked the total cost of the salaries to date of the individuals hired, to which Mr. Groody replied that, while he does not have the information from 1985, the cost for the eight new positions for 1990 is in the order of $250,000, and that the overall cost in terms of 1990 dollars for the 26 positions is in the order of $800,000; and Councillor Rogers suggested that, in view of the City's decreasing population and the fact that increased personnel results in additional yearly costs, the City should look at an audit system of its personnel presently in place. Councillor A. Vincent re-iterated his suggestion that a staff person should be put in place to lobby for the City at the Federal and Provincial Government levels and Mr. Groody, in response to his question as to when the position of Assistant Plumbing Inspector is to be filled, advised that the position should be posted in the very near future. Councillor A. Vincent expressed concern that the practice of commercial septic trucks using the fire hydrant in the area of Simonds High School is still continuing on the basis of possible water contamination, and also about the absence of the Police Department establishment from the establishment being considered above for approval. During discussion Councillor M. Vincent suggested that it would be much easier for Council to consider the establishment if current job descriptions were available for each position, and Mr. Groody advised that staff is in the 82-257 COMMON COUNCIL MARCH 5, 1990 process of updating job descriptions on an ongoing basis and, although there are cases of positions in which incumbents have been for many years which may not have up-to-date job descriptions, generally, there are job descriptions for practically all positions, and suggested that a copy of each job description could be made available for review by Council members. With regard to the Police Department establishment, Mr. Rodgers expressed the opinion that, if the Saint John Board of Police Commissioners does not submit the establishment for approval in the near future, Council should pass a resolution requesting the Board to come forward as soon as possible with the Police establishment for Council approval; and he advised that, upon his review of the above establishment, he inadvertently overlooked a change that should be made, that change being in Community & Economic Development which should indicate 4 Director positions, rather than 5, and that Director and Building Inspector should be added as one position. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that the 1990 Recreation Department Operating Budget includes two new Recreation Supervisor I positions, one being a programmer for Rockwood Park, the other being a Community School Coordinator based out of Somerset Community Centre, and that both positions have qualified under the Professional Recreation Leadership Assistance Program designed to assist New Brunswick municipalities in obtaining recreation professionals; also advising that the submitted agreements are, in the opinion of the Legal Department, in order, and that the Program's financial assistance is spread over a three-year period starting in March of this year and that together the positions qualify for the following funding:- 1990 - $26,000, 1991 - $22,000, 1992 - $18,000, for total funding of $66,000 for both positions; and recommending that Common Council enter into the proposed agreements with the Province of New Brunswick under the stated terms, subject to Council approving the two Recreation Supervisor I positions in the Recreation Department establishment -- be received and filed and the recommendation adopted. (Councillor Landers withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that the snow control unit of the Works Department is requesting a parking restriction on one side of Wright Street between Stanley and Spruce Streets due to difficulties encountered by snow plows when vehicles are parked on both sides of the street, and that it is also proposed that the remaining portion of Wright Street between Spruce Street and Davenport Avenue should have a parking restriction on both sides because there are no residential units within this portion of the street which features a steep grade; also advising that the existing alternate side parking restriction is not working because it is difficult to enforce, is confusing to residents who must interpret which side of the street is available for parking on a particular night, and allows for parking on both sides during daytime when through traffic is at the highest levels, and that recent site inspections indicate that many residents or tenants do not make an effort to clear snow from driveways, that buses can barely get through the street and that two-way traffic is impossible at times in some sections of roadway; 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 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 82-258 COMMON COUNCIL MARCH 5, 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 Rogers RESOLVED 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. Consideration was given to a report from the City Manager advising that staff has reviewed the request of L.S.O. Enterprises Limited for permission to use South Market Street as an outside patio for Ye Olde Grey Mare Pub, which was considered by Council on February 26, and agrees with the request except for the start date of June 1, 1990 on the basis that the City Market is scheduled to be completed not before July 1, 1990 and that, to ensure that there would not be a conflict with this date, the outside patio's opening should not be before July 5, 1990, and that, if the Market for some reason is not completed by July 1, staff will review the July 5, 1990 date with the applicant; and recommending that L.S.O. Enterprises Ltd. be granted a license in this regard. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, L.S.O. Enterprises Limited be granted a license as submitted to permit the use of a portion of South Market Street as an outside patio for Ye Olde Grey Mare Pub for the period July 5, 1990 to September 30, 1990 at a price of $100.00 provided the City Market is completed by July 1, 1990. (Councillor Landers re-entered the meeting.) Councillor Flewwelling expressed opposition to the above motion on the basis that South Market Street is designed for through traffic and that the proposed use will reduce traffic or create more traffic hazards, and also that, although attempts are being made to fight the problem of young people drinking alcohol, approval of the above would mean that the drinking of alcoholic beverages would be flaunted on an open street visible to young persons who pass by. Question being taken, the motion was carried with Councillor Flewwelling 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. Willard Trites, respecting property at 327 Charlotte Street, have been completed and that the required waiting period for written objections expired on February 28, 1990, with no written objections having been received. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that the application of Mr. Willard Trites for a Municipal Plan amendment and re-zoning of 327 Charlotte 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 April 9, 1990. 82-259 COMMON COUNCIL MARCH 5, 1990 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 Blair Construction Ltd., regarding property at 152-156 Westmorland Road, have been completed and that the required waiting period for written objections expired on February 28, 1990, with a letter of objection having been received from Muriel E. and Leo W. Stevens. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Blair Construction Ltd. for a Municipal Plan amendment and re-zoning of 152-156 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 April 9, 1990. The difference in the above application from a previous application denied by Council was questioned to which Mr. Bedford replied that the current application deals with much less land than the previous application and made the observation that the by-law which controls this issue states clearly that the issue of whether or not this application is different from the previous application is an interpretation and decision of Council. Question 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 February 26, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Midland Transport Limited be advised that a proposal call is being prepared for the City land on McAllister Drive and Lakewood Avenue West and therefore, the land they have requested is not for sale at the present time. 2. That as recommended by the City Manager, Council adopt the submitted terms of reference for the Environment Committee. March 5, 1990 Saint John, N. B., Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers 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 M. Vincent RESOLVED that section 2 of the above report be adopted. 82-260 COMMON COUNCIL MARCH 5, 1990 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the joint letter from Debbie Harrity and Fred Little requesting a grant in the amount equal to the cost of renting the Lily Lake Pavilion for a benefit dance for the wife and eighteen-month old son with special needs of the recently-deceased Derrick McKinley -- be received and filed and the request be approved. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Kiwanis Club of Saint John Limited submitting a schedule of its proposal for a golf tournament, similar to the Play Ball for St. Joseph's Hospital event, as a fund-raising effort to assist the Club in its financial pledge to the Saint John Regional Hospital Cardiac Care Unit; and requesting the use of Rockwood Park Municipal Golf Course on May 25, and a grant equal to the estimated lost green fee revenue -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Donald and Phyllis Bernard of 555 Gault Road requesting Council to rectify a problem involving the Wheaton House and adjoining vacant lot on Bay Street at the corner of Gault road being used as a repair shop and junk car lot leading to a most unsightly premise -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the West Side Preservation and Development Association expressing its opposition to the proposed Ready Street site for the location of a fire station; proposing that any new station on the West Side be built in an area with flat ground and provide fire protection to such areas as Lorneville and South Bay, as well as to Milford, Manawagonish Road, Greendale and other areas where new housing is presently being constructed; advising that it would like some input into decisions being made by the committee now considering new construction on the West Side to replace the present Church Avenue station; and stating that the Association is firm in its opposition to the removal of the King Street West Station -- be received and filed. Councillor Coughlan asked for assurance that the two individuals identified by the above Association to be involved in this matter with the City, as a result of Council's resolution of February 26, are significantly briefed by City staff as needed and expressed the opinion that it is significant for the residents to have as much input to the decision-making process as possible and they should be given that opportunity. During discussion Mr. Taylor advised that, although the Fire Chief, Deputy Fire Chief and Director of Housing and Property Management are working towards a conclusion to this matter, he is unable to indicate when a report will be forthcoming to Council and further that, having contacted the Association subsequent to the last Council meeting, he has been advised that the two persons to be involved are Messrs. Gerry Maher and Ron Butler, and he clarified that he does not have any problem keeping them involved and informed, nor is the City adverse to having public hearings; however, at some point there could be information which would have to be submitted first to Common Council. With respect to the status of expropriation of the Ready Street property, Mr. Rodgers 82-261 COMMON COUNCIL MARCH 5, 1990 commented on the process required, involving Council's next action of confirming the expropriation. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that authority be granted for payment of the invoice of the Cities of New Brunswick Association, in the amount of $13,051.01, representing contributions for the year 1990. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mr. Harry O. Stephenson, Secretary/Treasurer of the I.L.A. District Waterfront Council, advising that the Waterfront Council went on record as being very disturbed at the latest reports of a proposed cold storage combined refrigerated terminal development planned for Bayside, New Brunswick, and strongly feels that this will only duplicate facilities already available adjacent to the Port of Saint John, namely, Baxter Foods Cold Storage Plant at Spruce Lake Industrial Park; suggesting that, as the Waterfront Council feels that this is just another attack on the structure of the Port of Saint John as a whole and very definitely will reflect in a loss of earnings by all of the Port workers, this matter should be given a high priority; and requesting to meet with Common Council at the earliest convenience, such meeting to include the Saint John Port Corporation, the Saint John Port Development Commission, Saint John's M.P. The Honourable Gerald W. Merrithew, and all MLAs, to determine the future direction regarding this very important issue -- be received and filed and a meeting be arranged for Common Council, the Waterfront Council and the Saint John Port Development Commission, and that a copy of the letter be forwarded to the Provincial Minister of Transportation. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Mr. J. R. Rogers, General Manager of Parkway Mercury Sales, expressing concern about further water flooding problems, in view of the recent final approval given for the building of another business development on Westmorland Road which will be filling in a known flood plain; and requesting a guarantee that the further development of the area will not cause a flooding problem -- 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 letter from Mr. Eric L. Teed, Q.C., Chairman of the Saint John Canada Day Committee, inviting the City to again sponsor one or more firework rockets, the overall cost of a major rocket including the appropriate advertising being approximately $100; and advising that, should sufficient sponsors not be found in the City to put on a spectacular display on Canada Day, the City's money would be refunded --be referred to the City Manager for a report. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. 82-262 COMMON COUNCIL MARCH 5, 1990 Deputy Mayor Gould ruled Councillor A. Vincent out of order in his suggestion that Council, in view of a letter from Local No. 61, C.U.P.E. (copies of which were forwarded to Council members on an individual basis) and a recent newspaper article, would be duty bound to ask the Saint John Board of Police Commissioners to meet with Council to explain why the task force was not in place many years ago, and suggested that, if Councillor A. Vincent wishes to discuss this matter, he should follow the regular standard procedure or give notice of placing it on the agenda of the next meeting. Question being taken, the motion was carried. Common Clerk