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1990-03-26_Minutes 82-285 COMMON COUNCIL MARCH 26, 1990 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, AD. 1990, at 7:00 o'clock p.m. present Arthur L. Gould, Esquire, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent - and - Messrs. G. Taylor, City Manager; 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; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; S. Bedford, Director of Community Planning; S. Galbraith, Director of Supply and Services; W. Butler, Director of Water and Sewerage Services; M. Jamer, Director of Works Operations; B. Sheridan, Director of Parks; D. Sherwood, Chief of Police; C. Cogswell, Deputy Chief of Police; R. Johnston, Deputy Fire Chief; R. Russell, Superintendent of Rockwood Park; D. Harvey, Superintendent of Sanitation; M. Hanlon, Purchasing Agent; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend David Jamer of Saint John Alliance Church offered the opening prayer. Deputy Mayor Gould proclaimed the month of April 1990 to be New Home Month in the City of Saint John; and Councillor Coughlan extended congratulations to the young women on the Lancaster Magic Basketball Team who won the Mini-A Basketball Tournament in Moncton this past weekend, representing the first time that the City of Saint John has entered a team in this Tournament. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend congratulations to the members of the Lancaster Magic Basketball Team for their success in the Mini-A Basketball Tournament in Moncton. Question being taken, the motion was carried. Councillor Landers advised that, based on her telephone conversation with a resident of the Lower South End immediately before this meeting, petroleum coke is being unloaded from a ship at this time and the residents are once again inundated with the dust problem. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the Common Council of the City of Saint John advise the Minister of the Environment as soon as possible of its displeasure at the Lower South End residents having to again experience the problem of petroleum coke dust. Question being taken, the motion was carried. 82-286 COMMON COUNCIL MARCH 26, 1990 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on March 19, 1990, be approved. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a lot at 29 Hatheway Crescent (L.R.I.S. Number 398065), having an area of approximately 23,500 square feet and frontage on Hatheway Crescent and Linton Road, from "1-3" Light Industrial Park to "IL- 1" Neighbourhood Institutional classification, to permit the construction of a new building to house the Orange Lodge, as requested by Mr. Paul Duncan, Sobey Leased Properties Limited, and that no written objections were received in this regard. No person was present with respect to the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee recommending that a lot at 29 Hatheway Crescent (L.R.I.S. Number 398065), having an area of approximately 23,500 square feet and frontage on Hatheway Crescent and Linton Road, be re-zoned from "1-3" Light Industrial Park to "IL- 1" Neighbourhood Institutional classification, subject to an agreement pursuant to Section 39 of the Community Planning Act which will require that: (1) the site be developed with paved parking lot, on-site catch basins, poured-in-place concrete curbs and landscaped areas in accordance with a plan to be approved by the Development Officer; (2) the improvement be made to Linton Road and associated services in accordance with a plan to be approved by the Chief City Engineer; and (3) the plans in (1) and (2) above to be approved prior to issuance of a building permit, work to be completed within 8 months of the building permit being issued. 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 lot at 29 Hatheway Crescent (L.R.I.S. Number 398065), having an area of approximately 23,500 square feet and frontage on Hatheway Crescent and Linton Road, from "1-3" Light Industrial Park to "IL-1" Neighbourhood Institutional classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. 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 lot at 29 Hatheway Crescent (L.R.I.S. Number 398065), having an area of approximately 23,500 square feet and frontage on Hatheway Crescent and Linton Road, from "1-3" Light Industrial Park to "IL-1" Neighbourhood Institutional classification, subject to an agreement pursuant to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. 82-287 COMMON COUNCIL MARCH 26, 1990 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a 17 -acre parcel of land located north of Ridge Rowand east of Westgate Drive (portion of L.R.I.S. Number 5506008), as illustrated on the submitted map, from "RF" Rural and "RS-2" One- and Two-Family Suburban Residential to "R-1A" One-Family Residential, "R-1 B" One-Family Residential and "R-2" One- and Two-Family Residential classification, to continue residential subdivision and development of additional phases of Mahogany Heights subdivision, as requested by Mahogany Heights Developments Inc., and that a letter of objection (copies of which were distributed to Council members earlier in the meeting) was received in this regard from Mr. and Mrs. C. L. Johnston, Mr. Wilfred Wood and Mr. and Mrs. Kevin Tremblay; with a letter having also been received from Mr. W. Gordon Hills on behalf of the sixty-six residents who have signed petitions to the Planning Advisory Committee requesting that (i) the re-zoning be approved and (ii) City staff be requested to work with the developer and local residents to create and approve a subdivision plan which establishes a second roadway access to the proposed expansion. Consideration was given to a letter from the Planning Advisory Committee advising that it considered a Planning staff report at its March 20 meeting at which the applicant's representatives were present as were several persons who reside in Mahogany Heights and Westgate Park subdivisions, with several concerns expressed relating to the street layout, open space, water pressure and drainage in the area, and that the Committee felt that more time is needed to allow the developers and people to meet and discuss these concerns with a view to reconciling their differences; and recommending that the public hearing be held, but no decision be made until a recommendation is received with respect to the proposed re-zoning and manner of subdivision. Mr. Douglas Fifield, President of Mahogany Heights Developments Inc., appeared in support of the above application for re-zoning and the proposed development of Phases 2 and 3 and the ongoing development of the lands north of Mahogany Heights Phase 1 which are currently in the process of development; commented on the development to date and the standard of housing in Phase 1, and expressed the wish to continue to develop the same standard of housing in the area through the development of twelve lots in Phase 2 and possibly thirty-six lots in Phase 3 which could be incorporated into the street system that is now Westgate Drive. Mr. Fifield advised that Mahogany Heights Developments Inc. is prepared to work with the residents of Westgate Park subdivision in the development of a street system that would be satisfactory to all concerned. Councillor Flewwelling expressed concern about the effect on water pressure in the area of additional development to which Mr. Fifield acknowledged his concern about the water pressure problem and advised that a recommendation of the Planning Advisory Committee, which he read, indicated that the problem of water pressure is to be addressed, and he added that the problem should be corrected for both Mahogany Heights and Island View Heights; and Mr. Armstrong advised that the questions about water pressure in the subject area are very complex because different phases of the proposed subdivision are fed from different sections of the transmission system and that the City has for a number of years been taking action to make improvements in this regard for the entire West Side of the City, with two projects proposed in the 1990 Capital Program which will have a bearing on this particular problem, one related to the location of pressure reducing valves and the other related to the replacement of the Martello Tower tank within the next two to three years. Councillor M. Vincent asked about the concern expressed in the above-mentioned letter from Mr. W. Gordon Hills about a second roadway access to the proposed expansion, to which Mr. Fifield acknowledged awareness of the problem and advised that, at the Planning Advisory Committee meeting, the applicant was asked to meet with Westgate Park residents and that this will be done, and he also advised that, while 82-288 COMMON COUNCIL MARCH 26, 1990 the applicant was quite prepared to proceed in accordance with the Planning Advisory Committee's recommendation to follow a certain route from Downsview Drive to Westgate Drive, the residents of Westgate Park have concern in this regard and want it rectified if possible, and that the applicant is prepared to work with the residents in resolving their concerns. In response to Councillor Coughlan, Mr. Bedford advised that the issues raised at the Planning Advisory Committee meeting relating to access and water pressure will be considered at the meetings referred to by Mr. Fifield following which staff will report further to the Committee in this regard in approximately one month. Mr. W. Gordon Hills of 88 Westgate Drive spoke on behalf of Westgate Park residents in favour of the proposed re-zoning and asked Council to request City staff to work with the developer and residents in developing some form of alternative access to the proposed expansion. Mr. Hills explained that the City's installation of a second water standpipe on the Pipeline Road right-of-way within the past year has reduced that roadway to one lane and, because of two standpipes in close proximity to each other, there is a high probability that some types of fire apparatus would not be able to access the Pipeline Road right-of-way, which is not a public thoroughfare, and made the observation that, for the proposed Phase 3 of Mahogany Heights, access is only through Westgate Park. Councillor Fitzpatrick asked the propriety of Council proceeding with first and second readings at this time and delaying third reading until the above concerns are resolved, and further that, if Council tables the matter, will there be an opportunity for the public to re-address Council, to which Mr. Rodgers replied that it is in order to proceed with first and second readings at this time if Council so wishes and that, while there is no opportunity for the public to re-address Council as a right under statute, Council can permit persons to speak prior to third reading if it so wishes. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, the application of Mahogany Heights Developments Inc. for the re-zoning of property located north of Ridge Rowand east of Westgate Drive be laid on the table pending a recommendation from the Planning Advisory Committee. Question being taken, the tabling motion was carried with Councillor Fitzpatrick voting "nay". The Common Clerk advised that the necessary advertising was completed with regard to a proposed Street Closing By-Law amendment to close a portion of Albert Street West, and that no written objections were received in this regard. No person was present to speak either against or in support of the proposed amendment. On motion of Councillor Knibb Seconded by Councillor Coughlan 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 a portion of Albert Street West, 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 The Stopping Up And Closing Of Highways In The City Of Saint John". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Stopping Up And Closing Of Highways 82-289 COMMON COUNCIL MARCH 26, 1990 In The City Of Saint John", with regard to closing a portion of Albert Street West, 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". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above correspondence concerning the proposed Street Closing By-Law amendment be received and filed. Question being taken, the motion was carried. Mr. Eric L. Teed, Q.C., President of the Multicultural Association of Saint John, addressed Council and, having noted the March 28, 1989 presentation to Council on behalf of the Saint John Charter Rights and Civil Liberties Association, the Multicultural Association of Saint John and the New Brunswick Human Rights Association regarding the FCM race relations concept, explained that, basically, the Multicultural Association is concerned with the apparent lack of action by the City based on such representations with no action having been taken on the City Manager's recommendation adopted by Council on October 2, 1989 to take the first step by developing a working group on race relations. Mr. Teed commented on the lack of City participation in four seminars within the last six months on the subject of multiculturalism in which the Federal and Provincial Governments and certain other municipalities participated; also commented on the anticipated increase in the City's population through the influx of visible minority groups; advised that, as March 21, 1990 has been observed as the International Day for the Elimination of Racial Discrimination, it was considered appropriate to bring this matter to the attention of Council; and requested that Council implement the City Manager's recommendation and institute a working group by referring the matter to the Nominating Committee for recommended nominees. Mr. Teed offered the assistance of the Association in this regard and noted the presence in the Council Chamber of Dr. Fred Hodges, President of the Saint John Charter Rights and Civil Liberties Association. Dr. Fred Hodges addressed Council and expressed concern about the City's lack of action in establishing a working group on race relations. Councillor Coughlan made the observation that Council, having discussed the establishment of a working group on race relations, referred the matter, through the City Manager, to the Saint John Human Development Council for direction on how to proceed and proposed that the City Manager should be requested to submit a report at Council's next meeting. Deputy Mayor Gould advised that, in accordance with the Procedure By-Law, Council will consider the above presentation later further later in the meeting. Mr. Eric L. Teed, Q.C., solicitor for Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., appeared before Council and, having acknowledged the presence in the Council Chamber of Local No. 61 members, advised that the Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., is concerned with the possible deficiency in the City of Saint John Pension Plan brought about by the establishment of the Saint John Board of Police Commissioners, as there is certainly an arguable point that police officers who are appointed today are not legally covered by the Pension Plan for the following reasons:- (1) at law in accordance with the Police Act, police officers are not employees but rather are appointees and hold a position of public office, and a police force is essentially a number of individual constables whose status derives from the common law organized together in the interest of efficiency; (2) both the Industrial Relations Act and the Police Act have provided that, for limited purposes, police are deemed to be employees, with the former Act indicating that all police, including the chief of police and deputies, are deemed to be employees until such time as the Board rules they are not, although in the City of Saint John, both parties by collective agreement have recognized that the Chief of Police and certain others are not to be deemed employees and there is no need to go 82-290 COMMON COUNCIL MARCH 26, 1990 to the Industrial Relations Board; and (3) the City Pension Act has its own definition of an employee in that a person must have service with the City to be considered an employee for purposes of the Pension Act and, while it can be argued and was accepted that police officers who were appointed by the Chief/Common Council had service with the City thus becoming employees under the provisions of the Pension Act and continue as such due to the particular wording of the Act, this changed with the establishment of the Saint John Board of Police Commissioners as the City then no longer appointed the Chief nor the police constables as such appointments are under the Commission's control, which means that it can certainly be argued that police officers no longer have service with the City but rather have service with the Police Commission and, therefore, can never come under the Pension Plan. Mr. Teed suggested that, rather than find in the future, by reason of a lawsuit, that all or some of the police officers and other members of the Police Force are not covered by the Pension Plan, an amendment to the Pension Act should be sought forthwith to ensure pension coverage, and that, as the City is now seeking legislation to revise the City Pension Act, the time is opportune to include in the City application a further amendment to clarify the position of police officers and employees of the Board of Police Commissioners to ensure that the City pension provisions apply; made the observation that another possible solution is, rather than amend the legislation, to abolish the Police Commission thereby reverting everything to the City and eliminating any question in this regard; and concluded that this matter not only affects Local No. 61 members but all police officers appointed by the Commission and probably affects civilian employees and that an amendment to the Pension Act could resolve the issue. During discussion Councillor Coughlan asked if an approach has been made to the Saint John Board of Police Commissioners for an interpretation of this matter to which Mr. Teed replied in the negative on the basis that the Board has no authority to interpret the Pension Act as it is a City Pension Act and governed by the City and the question can be resolved only by legislation or court action; and Deputy Mayor Gould advised that Council will deal with the presentation later in the meeting. Mr. William Straight of 162 Britain Street addressed Council on behalf of the people who live or own property near 158 Britain Street and 67 Broad Street, which is the property on which Rehabitat Inc. is constructing an apartment building, on the basis that the area is too small for an apartment building and also that there is a parking problem; advised that seventy-five residents have signed a petition stating that they do not want or need apartments built on the property in question; and also advised that an appeal of the Planning Advisory Committee's decision to grant a parking variance to Rehabitat Inc. was denied by the Provincial Planning Appeal Board. Deputy Mayor Gould made the observation that the matter of variances is the responsibility of and under the authority of the Planning Advisory Committee and asked the status of ownership and the building permit for the subject property as referenced by Mr. Straight, to which Mr. Todd replied that, while the title to the subject property is still in the name of the City of Saint John, the property is subject to a sale agreement with Rehabitat which was approved by Council last fall, and he expressed the understanding that, although application has been made for a building permit, no permit has been issued and that a contractor for Rehabitat installed and connected the water and sewer laterals to the property line on Britain Street with the intention of Rehabitat being to begin construction last fall. Mr. Bedford, in response to Councillor Rogers' reference to Mr. Straight's comment about the lot being too small to accommodate an apartment building, advised that, as the only variance applied for was with regard to parking, this would indicate to him that all other provisions of the Zoning By-Law were being met by the application. Mr. Glenn Griffin of 75-77 Broad Street commented on the above matter from the point of view of his problem with vandalism in the area, his unsuccessful bid to purchase the property in question from the City and the possible effect on trees in the area of soil samples taken; and expressed the opinion that the provision of 1.3 parking spaces per unit in the South End is very inadequate in an area where many buildings do no have any parking facilities whatsoever thereby leading to parking problems on Britain and Carmarthen Streets. Deputy Mayor Gould advised Messrs. Straight and Griffin that Council would consider their presentations later in the meeting and, in response to Councillor 82-291 COMMON COUNCIL MARCH 26, 1990 Landers' suggestion that Council could consider the above presentations made by Mr. Teed at this time, Deputy Mayor Gould replied in the negative on the basis that, in accordance with the Procedure By-Law, such presentations are to be considered at the end of the meeting. Mr. H. W. Heans, spokesman for the Saint John Fish and Game Protective Association, addressed Council on the matter of the Association's lease with the City for space at the Lily Lake Pavilion, which is the subject of a Committee of the Whole recommendation of March 19 to be considered at this meeting; made the observation that an impasse has been reached in the Association's discussion with the City's Recreation and Parks Department concerning certain agreements giving the Association the right to occupy portions of the Lily Lake Pavilion and the Association has been requested to vacate the premises; and, having referred to the Association's investment of some $55,764 in the erection of the Pavilion in 1958 and an addition built in 1966, expressed the opinion that, while the 1958 agreement with the Horticultural Association in this regard expires on April 30, 1990, it is superseded by the 1967 agreement which will not expire until 2062. Mr. Heans explained how the Association can support its claim that the 1967 agreement exists, although the City will not recognize this agreement because the Association cannot produce a copy of the actual document, leading to the Association's position that, if the Association is evicted, it can and will claim compensation under the section of the 1958 agreement covering termination; and advised that the Association, in recognition of the dramatic increase in operating costs of the building since the 1967 agreement, is quite willing to renegotiate this item, although it would prefer to remain on the existing premises under the same terms and conditions of the 1967 agreement without further costs to it or the City and that the Association feels that the City has a moral, legal and financial responsibility to accept the Association's claim and honour the 1958 and 1967 agreements. Mr. Heans referred to a clause in the still-effective 1958 agreement which indicates that any questions or disputes between the parties, which cannot be settled within a reasonable time, will be referred to arbitration under the Arbitrations Act of New Brunswick; and asked why, in view of the City's purchase of the Horticultural Association's building and facilities in 1967, such was not communicated to the Association until August 1988 and then only verbally, nor did the Association make its first payment to the City until February 1990, having paid $600 to $800 per year to the Horticultural Association. Mr. Heans urged Council to allow the Association to retain the use of the Lily Lake Pavilion facilities; stated that the Association believes it has the legal right to remain in the Pavilion, and is prepared to legally resist any eviction; and asked Council to intervene so that some reasonable solution to this problem can be satisfactorily resolved without legal process and to the satisfaction of all concerned. Deputy Mayor Gould noted that one of the major recommendations of the Rockwood Park Master Plan concerns the Lily Lake area and, especially, the Lily Lake Pavilion and that, since November 30, 1988, a series of meetings has been held, with correspondence between the Association and the City; and during discussion Mr. Rodgers advised that, while he would be interested in reading carefully the brief referred to by Mr. Heans, he would prefer that Council continue its dialogue with Mr. Heans at this time as he would have insufficient time to read the brief and be prepared to give Council an opinion without having discussion with the appropriate persons involved whereupon Councillor M. Vincent expressed his intent to move a tabling motion so that the matter can be referred to the City Solicitor; and Mr. Heans responded to Council queries concerning his reference to a sworn statement by the Association's then-president that he was present and participated in the signing of the 1967 agreement, as well as his reference to a $500,000 cost to construct an equivalent premises or space; and the number and place of residence of the Association's membership; and Deputy Mayor Gould advised that Council would deal with Mr. Heans' presentation later in the meeting. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne suggesting that Council should seriously look at and reflect upon the submitted letter from Dr. Nessim Isa, Director of Gynecological Oncology Division, Saint John Regional Hospital, concerning water fluoridation, particularly the paragraph which urges Council to err on the side of caution in this issue, if only for the reason that medical 82-292 COMMON COUNCIL MARCH 26, 1990 science is not and never will be infallible; and, with regard to the reference to the recent study conducted by the National Toxicology Program, the results of which have led to a decision to re-evaluate the possible risks of fluoride to humans based on experimental findings which showed an increased incidence of bone cancer in rats receiving this substance, suggesting that Council may wish to consider waiting for the outcome of these studies and research before proceeding -- be received and filed. Deputy Mayor Gould noted the presence at the meeting of Dr. Isa and reminded Council that, if there were to be any questions to Dr. Isa at this time, the Procedure By-Law must be followed in this regard; and discussion ensued concerning the fact that the above-submitted letter is Dr. Isa's personal opinion and not the opinion of the Division of the Saint John Regional Hospital noted above, and the observation that Council is expending considerable time discussing an item on which a decision has already been made. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that Dr. Nessim Isa be invited to address Council at this time regarding his above letter. Councillor Landers expressed her intent to second the above motion on the condition that Council also invite Trudy McAvity of the Saint John Dental Hygienists' Association, who is present in the Council Chamber, to address the matter. Question being taken, the motion was lost with Councillors Coughlan, Davis, Knibb, Landers, Rogers and M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a copy of a press release issued by Federal Environment Minister Lucien Bouchard inviting the public to comment on draft regulations to ban overseas export of PCB wastes -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mr. 1. D. Adams of 310 Woodward Avenue regarding financial support for the Joe Drummond Warriors basketball team -- be referred to the Major Tournament Committee. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Councillor M. Vincent advising that, when road improvements and sidewalk creation was carried out in the Lakewood Heights area four or five years ago, area residents were told that crosswalk markings, signage and a footpath would be established to further add to the safety of children going to and returning from school, and requesting that, as the President of the Lakewood Home and School Association was told by City staff that it will probably be three years from now before this project would reach the active budget list, this matter be referred to the City Manager for a report and recommendation and that every consideration be given to have it included in the 1990 budget -- be referred to the City Manager for reassessment for Council's consideration in the 1990 budget. 82-293 COMMON COUNCIL MARCH 26, 1990 In response to Councillor Fitzpatrick's question about the estimated cost of the above two-stage project, Mr. Armstrong advised that one of the solutions to a question of where to connect on Summit Drive a walkway which was constructed three or four years ago in an undeveloped street right-of-way is to build the street which, in fact, would be a $50,000 to $60,000 project of somewhat low priority to the City and that, while he cannot recall any commitment to a specific year to resolve this problem and having discussed with his staff earlier this date the low priority in this regard, it may be possible to look at alternatives which could be the subject of a report to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the report from the City Manager, further to Council's October 30, 1989 request for a review of conflicting sections of the Garbage By-Law relating to allowable containers, citing the section of the Solid Waste By-Law concerning this matter; advising that, having assessed the impact on the existing By-Law on the sanitation collection operation, the By-Law, in regard to allowable containers, has not been rigidly enforced and it is common for refuse to be placed at curbside in kitchen catchers or shopping bags which creates a litter problem because the small containers are typically not well secured and, in addition, the smaller containers create an extra workload for the refuse collectors; therefore, staff is of the opinion that the use of under-sized bags should be eliminated; also advising that the use of metal or plastic containers, with covers, has not created much of a problem for collection forces and staff, therefore, it is considered unnecessary to restrict the use of rigid containers at this time and, in fact, rigid containers which comply with the By-Law may be an option for those currently using under-sized bags; and further advising that it is staff's intention to inform the public of the provisions of the Solid Waste By-law by circulating an information pamphlet, a copy of which is submitted -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the report from the City Manager regarding the letter from Mr. John H. Frank relating to on-street parking in the South End which was considered by Council on March 12; explaining that, when snow removal is required on a street where on-street parking is normally allowed, temporary no-parking signs are used to notify residents, and a vehicle in violation of the temporary no-parking restrictions may be towed so as not to interfere with the snow removal operation, which would have been the case when Mr. Frank's vehicle was towed and, while towing any vehicle is unfortunate, this procedure is used only as a last resort; advising that staff was of the opinion at the time of the public meetings regarding this matter that the overwhelming majority of residents favoured the current policy as opposed to more severe restrictions; and also advising that the current policy provides a balance between snow control service and cost while, at the same time, recognizes the requirement for on-street parking -- be received and filed and a copy be forwarded to Mr. Frank. Question being taken, the motion was carried. (Councillor M. Vincent withdrew from the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager addressing the prospects of using a procedure in Saint John similar to a procedure used in parts of Ontario which allows a snowplow operator to lift the blade at the entrance to a senior citizen's driveway thereby saving that citizen the burden of additional snow clearing for driveway access, which was the subject of a letter from the Mayor to Council on February 19; advising that the current plowing procedure in the 82-294 COMMON COUNCIL MARCH 26, 1990 City of Saint John of pushing the snow from the street to the edge of the street without lifting the blade at any driveway has many operational benefits, the operator does not have to discriminate, all driveways are treated the same, and not only does lifting the blade take time but it also means that the street is not plowed to a proper width, and the wings are not designed for continual raising and lowering; therefore, the practice of lifting the blade at driveways would not be practical in Saint John and, while it may be of some benefit to the individual citizen, it would severely reduce the effectiveness of each plow unit; also advising that neither Fredericton nor Moncton has a blade lifting policy, and the financial implications of such a policy would probably be major if additional units had to be purchased to offset decreased efficiencies in the current fleet; and recommending that a lifting-the-blade policy not be implemented at this time - - be received and filed and the recommendation adopted. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, further to Council's March 5 request for a report on the possibility of using a substitute to road salt for winter road de-icing, while the environmental hazards of using road salt are well known, it is staff's opinion that the risks are relatively less in Saint John due to the following factors:- (1) the relatively-low rate of application as noted herein; and (2) the body of water which accepts run-off for areas where salt is most heavily used (i.e. the downtown area) is, in most cases, already salt water; also advising that staff is not aware of any other municipality in New Brunswick which is contemplating the use of road salt substitutes and the Provincial Department of Transportation has indicated its intention to continue using sodium chloride as a de-icer; further advising that the City's 1990 budget for road salt is $309,700 and, using the figures from the Reader's Digest magazine article, it would cost $10,220,100 to do the same job with calcium magnesium acetate, a salt substitute; and recommending that (a) the City continue to use sodium chloride as a winter de-icer; and (b) staff continue to monitor the market for more environmentally-safe de-icers -- be received and filed and the recommendation adopted. 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 bid for the purchase of fire hydrants and fire hydrant parts be awarded in accordance with the recommendations contained in the submitted bid summary. 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 Phoenix Janitor Services Ltd., in the total amount of $179,800, be accepted for providing janitorial services in the City Hall building. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the tender for motorized equipment be awarded as follows:- Bid Number 90-6503T Supplier Atlantic Turfgrass Ltd. 90-7001 BT 90-7003T 90-7004T 90-7005T 90-7005BT 90-7005CT 90-7006T 90-7007T 90-7007 A T 90-7008T 90-7008A T 90-7013T 90-7016T Parkway Mercury Sales Ltd. Saunders Equipment Ltd. Atlantic Compressed Air Ltd. Downey's Ltd. Parkway Mercury Sales Ltd. Parkway Mercury Sales Ltd. Parkway Mercury Sales Ltd. Downey's Ltd. Parkway Mercury Sales L Tractors & Equipment (1962) Ltd. Tractors & Equipment (1962) Ltd. County Tractors & Machinery Ltd Saunders Equipment Ltd. - as indicated in the submitted bid summary. Question being taken, the motion was carried. On motion of Councillor Rogers 82-295 COMMON COUNCIL MARCH 26, 1990 Price $ 11,877.00 64,363.35 55,494.45 14,424.45 44,191.32 18,177.36 17,048.49 94,355.55 61,971.30 66,564.48 28,632.45 35,298.00 44,388.90 127,644.45 Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Lounsbury Industrial Ltd. be accepted for supplying a Dresser Model 520C front end loader at a cost of $92,218.20, and a loader/backhoe, J.C.B. Model 1550B, at a cost of $56,565.60, and the Mayor and Common Clerk be authorized to execute a seven-year total cost agreement. Question being taken, the motion was carried. Read a report from the City Manager advising that Kam-Air Mechanical Co. Ltd. has advised that, due to financial difficulties, it is unable to supply and install new condensors at the Simonds Centennial Arena, for which its tendered amount was $31,000, and that the next lowest bidder, Security Mechanical Ltd., has agreed to take over this contract at its quoted price of $32,670; and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the contract awarded to Kam-Air Mechanical Co. Ltd. on November 27, 1989 be cancelled, and that the bid of Security Mechanical Ltd., in the amount of $32,670, be accepted for the supply and installation of 2 condensors at the Simonds Centennial Arena. 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 following scale of charges and fees be adopted for the Spruce Lake sanitary landfill site: Effective 01 June 1990: Commercial: up to 500 kg. 500 kg. to 1,000 kg. Residential: 1/4 to 1/2 ton truck $ 5/load $1 O/metric tonne $ 1/load Effective 01 January 1991: 82-296 COMMON COUNCIL MARCH 26, 1990 Commercial: up to 500 kg. over 500 kg. $ 5/load $11/metric tonne 82-297 COMMON COUNCIL MARCH 26, 1990 Residential: 1/4 to 1/2 ton truck $ 1/load Effective 01 June 1991: Commercial: up to 500 kg. over 500 kg. Residential: 1/4 to 1/2 ton truck $ 1/load (Rescinded May 6, 1991 Bk. 82 pg. 920 $ 6/load $12/metric tonne ) Responding to queries of Councillors Knibb and Coughlan, Mr. Robichaud confirmed that the above rates will be accepted by the majority of users without difficulty and that the proposed rates compare with the rate charged by the City of Fredericton of $17 per tonne which is to be raised to $20 per tonne, and further that it appears that the City would pay a minimal charge for delivery to a regional landfill site or an incinerator in the order of $17 per tonne. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the report from the City Manager advising that the metal roof panels at the Carleton Community Centre have been in a deteriorated condition for some time and that, recently, it was discovered that water has been leaking through the attic into the plaster ceiling and deteriorating the ceiling in different rooms and the gymnasium, and that, as the main gymnasium ceiling is now considered to be unsafe due to excessive leakage and water damage, staff decided to close the gymnasium as a safety precaution; also advising that the Recreation Department has indicated that closure of the gymnasium for an extended period of time will significantly affect its ability to deliver programs at the Centre, as the gymnasium is heavily booked for various recreational and sport activities and there are no other gymnasiums in the area to provide substitute space for the scheduled activities; stating that, under the circumstances, it is imperative that emergency repairs be carried out to make the existing ceiling safe until such time as the roof panels are replaced and a new gypsum board ceiling is installed; and recommending that the estimated amount of $15,000 necessary to complete the emergency repairs to the Carleton Community Centre be charged to the 1990 Capital Budget -- be received and filed and the recommendation adopted. Councillor Rogers suggested that it might be less costly to make all the necessary roof repairs at the same time, rather than make emergency repairs to the ceiling which could be further damaged from the leaking roof and asked how the building could get into its current condition, to which Mr. Todd replied that it became evident, during the inspection of the roofs of all City buildings during the last year, that the Carleton Community Centre has a serious roof problem and, because it will probably take three to four months to tender for and complete the roofing project, the temporary repairs will allow the Centre to be used in the interim and such repairs will be used to install a new ceiling when the roof repairs are complete. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the report from the City Manager advising that, further to a complaint received by Council on February 22 regarding the unsightly premises and illegal use of property at 825 Bay Street, it is not fully possible to determine the exact condition of the land at this time as there remains a substantial amount of snow on the ground and, although there may be car parts on the property, at this time it is not considered to be an unsightly premises, and it is not a dump for junk cars as the cars are complete and undamaged; also advising that the operator is aware of the Zoning By-Law violation and is currently searching for a 82-298 COMMON COUNCIL MARCH 26, 1990 suitable location as this site is not workable for him since work must be done out of doors, and he has advised the area building inspector that he will be moving to a suitable location by spring and has been in contact with Mr. D. O'Leary, Director of Economic Development, for assistance in relocating to an appropriate facility; and recommending that, as the Building Inspector's Office will be pursuing this issue to have the use stopped, this report be received and a copy be given to the complainants -- be received and filed and the Zoning By-Law be complied with and the owner be ordered to move the vehicles immediately. Mr. Brown advised that the illegal use of the above property has ceased and that it is his understanding that the owner is now in the process of removing the vehicles. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from the Arbor Day Committee advising that, in addition to the school plantings this year, the Committee will be holding an Arbor Day ceremony on May 12 at the site of the proposed arboretum in Rockwood Park, as indicated on the submitted site plan; also advising that the layout and diversity of such an area could lend itself to the planting of eye-catching groups of various flowering shrubs, evergreens, deciduous trees and alpine plants, with the Committee, in cooperation with the City Parks Department, the Rockwood Park Advisory Board and the Recreation and Parks Advisory Board to advise with regard to species selection, size requirements and placement of plant materials to provide a visually-pleasing and ecologically-correct environment for the various species; requesting that this site be declared the Rockwood Park Arboretum and permission to name one of the pathways within the arboretum in memory of Mr. Tom Page, who has recently passed away, as his fellow Naturalist Club members are hoping to have him honoured in this way -- be received and filed and the requests be granted. Question being taken, the motion was carried. (Councillor Davis withdrew from the meeting.) Read a letter from the City Solicitor advising that, in accordance with Common Council resolution of January 29, 1990, the City of Saint John filed with the Expropriations Advisory Officer on February 9 a Notice of Intention to Expropriate a parcel of land on the southeasterly side of Ready Street and the Expropriations Advisory Officer has advised that no Notice of Objection has been filed with him within the time prescribed by the Expropriation Act and also that the municipality may now proceed in accordance with Section 19 of the Act; and recommending adoption of the two submitted resolutions should Council wish to proceed, following which the Notice of Expropriation will be registered and the land will vest in the City of Saint John. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the following resolution be adopted, namely:- "WHEREAS Common Council, by resolution dated January 29, 1990, authorized the commencement of expropriation proceedings and the filing with the Expropriations Advisory Officer of a Notice of Intention to Expropriate the lands and premises hereinafter described; AND WHEREAS a Notice of Intention to Expropriate the hereinafter-described lands and premises was filed with the Expropriations Advisory Officer on February 9, 1990; AND WHEREAS no Notice of Objection to the proposed expropriation was filed with the Expropriations Advisory Officer within the time prescribed by statute; 82-299 COMMON COUNCIL MARCH 26, 1990 AND WHEREAS Common Council wishes to confirm the Notice of Intention to expropriate: NOW THEREFORE BE IT RESOLVED that the Common Council does hereby confirm the Notice of Intention to Expropriate and does hereby authorize the expropriation of the lands and premises described in Schedule "A" attached hereto and the registering of a Notice of Expropriation of the lands and premises described in Schedule "A" attached hereto in the Office of the Registrar of Deeds in and for the County of Saint John. (Councillor M. Vincent re-entered the meeting.) Councillor Flewwelling made the observation that meetings are ongoing with representatives of the West Side Preservation and Development Association and Manawagonish Road Ratepayers' Association, and proposed a motion that the above matter be tabled, and Mr. Taylor confirmed that the City will meet on March 28 with Messrs. Maher and Butler of the West Side Community Development Association and representatives of the Manawagonish Road Ratepayers' Association at which time the City will make a full presentation of the proposal, having already given these persons a copy of the brief presented earlier in this regard so that questions can be generated, and concurred that it would be appropriate for Council to wait until after the March 28 meeting to deal with this issue. (Councillor Davis re-entered the meeting.) On motion of Councillor Flewwelling Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillors Davis, Fitzpatrick and Knibb 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 19, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Rogers and A. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, Mr. Douglas R. Spinney be appointed to represent the City on the May 18th Loyalist Day Observance Committee of the New Brunswick Branch of The United Empire Loyalists Association. March 26, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole 82-300 COMMON COUNCIL MARCH 26, 1990 (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 19, 1990, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That Council approve the 1990 establishment of the Saint John Police Force in the total number of 219 permanent positions, comprising 191 police officers and 28 civilians, and the following rank structure:- Chief, Deputy Chief, Assistant Deputy Chief, Superintendent, Staff Inspector, Detective Inspector, Divisional Inspector, Detective Sergeant, Staff Sergeant, Detective, Patrol Sergeant, Corporal, Constable. 2. That as recommended by the City Manager, the space at 47 Princess Street with an area of approximately 1,736 square feet be leased to the Saint John Learning Exchange under the following terms and conditions:- (1) the rent will be $1,250 per month payable in advance; (2) the term of the lease to be April 1, 1990 to March 31, 1991 with one year renewal option at the same rate; (3) City responsibilities: (i) heat; (ii) maintenance of sprinkler system; (iii) repairs to heating, plumbing and electrical systems; and (iv) maintenance of exterior; (4) Learning Exchange responsibilities: (i) cleaning; (ii) decorating; (iii) electricity; (iv) replacing light bulbs or tubes; and (v) any alterations will require the approval of the Housing and Property Management Department; and (5) the City agree to negotiate the rental of the former Boxing Club space on an "as is" basis if the Learning Exchange determines the extra space is needed, such agreement to negotiate the additional space to apply for a six- month period or until September 30, 1990. 3. That as recommended by the City Manager, (1) the rental and grants for charitable and non-profit organizations in the Old Provincial building for the period April 1, 1990 to March 31, 1991 be as follows: Yearly Net Tenant Rent Grant Rent Monthly Laubach Literacy $ 7,350 $4,566 $2,784 $232.00 New Lease Inc. $14,980 $8,230 $6,750 $562.50 Saint John Learning Exchange $13,500 $8,400 $5,100 $425.00 Saint John Presbytery $ 6,340 $4,036 $2,304 $192.00 Senior Aid and Research $ 2,610 $1,710 $ 900 $ 75.00 (2) the rental and grants for social clubs in the Old Provincial building for the period April 1 , 1990 to March 31, 1991 be as follows: Yearly Net Tenant Rent Grant Rent Monthly Saint John Assoc. for Deaf $6,180 $5,880 $300 $ 25 Unity Club $2,000 $1,700 $300 $ 25 Vision of Hope AA $2,530 $2,230 $300 $ 25 4. That as recommended by the City Manager, (1) the City lease about 1050 square feet of space on the 15th floor of the City Hall building from Revenue Properties for use by the Police Force at the same rate as for other space leased within the City Hall building; and (2) the lease be on a month-to-month basis for a period of not longer than 3 months. 5. That as recommended by the City Manager, (1) the City of Saint John advise the City of Windsor that it supports the intent of both proposed resolutions, in principle; and (2) the City of Saint John advise the City of Windsor that a final position of the City of Saint John will be made after the review of both resolutions by the appropriate FCM standing committee. 82-301 COMMON COUNCIL MARCH 26, 1990 6. That as recommended by the City Manager, (1) the Fish & Game Association be notified that the Mayor and Common Council will not be renewing the lease agreement with the New Brunswick Fish & Game Association, Saint John Branch for space at Lily Lake Pavilion; (2) the Association be advised that it may be required to vacate the facility at any time following the expiration of the current lease in April 1990 upon 90 days notice from the Assistant City Manager - Operations; and (3) the Association be advised that it will be billed after April 30, 1990 for utilities and rent on a monthly basis at a rate to be determined by the City of Saint John, Housing and Property Management Department. 7. That as recommended by the City Manager, Council approve the submitted letter of agreement with Saint John Firefighters Association, I.A.F.F., Local 771, to extend the temporary assignment of Firefighter Gerald Green, Systems Co- Ordinator (Fire), with the Protective Services Project, and the Mayor and Common Clerk be authorized to execute the said agreement. 8. That with regard to the request of Fundy Girl Guides Division for the rental fee for its use of the Lily Lake Pavilion on March 24 to be waived, a grant in the amount of $400 be approved. March 26, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Councillor Coughlan asked that the City Manager dialogue with the Saint John Board of Police Commissioners to keep it advised of Council's intent to consider a complete personnel audit and that the Police Department be included in the proposed personnel audit of the City. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers 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 Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 82-302 COMMON COUNCIL MARCH 26, 1990 On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan 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 Landers RESOLVED that section 6 of the above report be considered later in the meeting in conjunction with the above presentation on behalf of The Saint John Fish and Game Protective Association. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 7 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (1) Council approve the location of the streets as shown on the submitted photocopy reduction of the Tentative Plan entitled, S & A Holdings Ltd. Subdivision, Phase 3; (2) Council assent to one or more subdivision plans showing one or more phases of the S & A Holdings Ltd. Subdivision - Phase 3, of which a photocopy reduction is submitted, showing the extensions of Marlin Drive and Daniel Avenue; and (3) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, (A) Common Council prescribe the following standards with respect to the operation of a salvage yard on the property owned by Mr. William John Baird at 120 Point Road:- (1) the salvage yard must hold a valid licence issued by the Department of Justice; (2) existing trees which were to screen the operation from other properties shall be retained; (3) all operations, including dismantling, crushing, parking and storage of vehicles and parts thereof, must be kept in the gravel pit area, that is the boundary of the area excavated shall constitute the outer limits of the salvage yard operation; (4) no vehicles or parts thereof shall be parked or placed in the access road to the operation such that they are visible from Point Road or neighbouring houses except vehicles which are licenced and in running condition; (5) waste products, including radiator fluid, engine oil, transmission fluid, gasoline, diesel, crankcase fluid, hydraulic fluid, and batteries shall be collected, stored safely and picked up by a licensed recycling company or disposed of in a manner satisfactory to 82-303 COMMON COUNCIL MARCH 26, 1990 the Department of the Environment; and (6) the hours of operation for use by the general public shall be Monday to Saturday between 7:00 a.m. and 9:00 p.m.; and (B) written notice be given to Mr. Baird setting out the prescribed standards, the consequences of failing to comply with the standards and his right of appeal to the Provincial Planning Appeal Board. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from The Honourable Hubert Seamans, Minister of Municipal Affairs, advising that, with regard to Common Council resolution of January 29 concerning the Provincial Blasting Code, he would be pleased to reconvene the Committee which prepared the Code originally and which had as a member Mr. Stuart Armstrong, representing the City; asking that Mr. 1. J. Jellinek of his Department be advised if Mr. Armstrong will continue to represent the City, and for the City, prior to having the Committee meeting, discuss internally whether it would be the City's desire to have the Blasting Code apply not just to quarries but to all blasting, whether carried out by contractors or the City itself as this would obviously be the basis upon which amendments would have to be made -- be referred to the City Manager. Councillor Fitzpatrick initially proposed a motion, which was seconded by Councillor Flewwelling, that Mr. Stuart Armstrong be appointed to continue to represent the City, such motion subsequently withdrawn with the consent of the mover and seconder upon Mr. Taylor's request that this item be referred to staff for a report and recommendation, including the question of having the Code apply to all blasting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable Vaughn Blaney, Minister of the Environment, summarizing the facts as presented to him by his staff with respect to the storage of chemicals in Willow Grove, which was the subject of Common Council resolution of February 19; advising that it would appear that most of the concerns can be traced to the lack of proper identification when the material was first delivered to the warehouse and that the Department's information to date does not indicate that the materials stored at Willow Grove are hazardous or that they represent any significant risk; also advising that, where the handling of certain materials may result in a discharge that could pose a hazard or an unacceptable degree of risk to the environment, controls can be put in place through certificates of approval and, where only storage of commonly-used chemicals is involved, local by-laws may be more effective in having some control over these types of operation; and concluding that, in the case of Willow Grove, staff was concerned about the possible abandonment of unknown chemicals and that, having established communication with the company, the Department has received assurance that the chemicals shall not be abandoned or discharged into the environment, and the continued storage at the present location does not constitute a threat to the environment of the area -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the letter from Sharon Titus, Public Health Dental Hygienist, Region III, Saint John, Department of Health and Community Services, submitting copies of two articles from the "American Dental Association News" of February 5, 1990, which place in proper perspective recent research done in the United States on lab rats which were given drinking water with various levels of fluoride added; expressing the opinion that there is no need for our citizens to be deprived of the unquestionable advantage of fluoridation; and urging 82-304 COMMON COUNCIL MARCH 26, 1990 Council to rely on the professional judgement of those who know health, namely, the dental and medical communities; and a letter from F. Maillet submitting information 82-305 COMMON COUNCIL MARCH 26, 1990 regarding fluoridation and expressing opposition to fluoridation -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mr. William (Bill) Gray, General Manager of the Saint John Action Auto Glass Kings, the Host Team for the Maritime Cup, to be held in Saint John on April 12-15, requesting assistance from the City in this regard -- be referred to the grants committee. (Rescinded March 26, 1990 Bk. 82 pg. 305 ) Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that the letter from the New Brunswick Federation of Labour expressing its alarm that the City of Saint John and its Police Commission, inadvertently or otherwise, have taken a position in support of the employer in the contract dispute between Rothesay Paper and Local 601 of the Canadian Paperworkers Union in that, by opting to equip and train a riot squad within the Saint John Police Department in the midst of difficult contract talks between Local 601 and Rothesay Paper, a decision made knowing that the Irvings have publicly stated their intention to continue operating this mill in the event of a work stoppage, a public perception has been left that the City of Saint John will not remain neutral in this matter but is prepared to use public funds to provide a private Irving operation with special security services; and urging Council to encourage the Provincial Department of Labour to use its mediation services to help bring about an early, negotiated settlement between Rothesay Paper and CPU, Local 601 -- be referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from The Canadian Tribute to Human Rights, a non-profit organization with the express purpose of erecting the world's first tribute to human rights in Canada's Capital City, Ottawa; submitting a copy of its letter dated March 13, 1989 in this regard, as well as a copy of its invitation to participate in the project which outlines its mandate, budget and expenditures in detail; and requesting the City's participation in this national effort -- be received and filed. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that the letter from the New Brunswick Division of The Canadian Association of Medical Radiation Technologists requesting financial assistance with regard to its 50th anniversary to be held on September 27-29, 1990 in Saint John -- be referred to the grants committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the Committee of the Whole recommendation of March 12 concerning the public relations position, which was tabled at Council's last meeting, be taken from the table and added to the agenda for consideration at this meeting. 82-306 COMMON COUNCIL MARCH 26, 1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the position of Director of Communications and Public Relations be redesignated Manager of Civic Public Relations, and the establishment be so amended. Councillor Rogers re-iterated her opposition to the above motion on the basis that, having seen the job descriptions for both the public relations and public affairs positions, it is her opinion that one person could do the job, while yearly salaries for the two positions will result in an expenditure of approximately $87,000; and, although it is her opinion that the City of Saint John should have a public relations person, the City is not complex enough to employ two full-time persons in this manner and further that the position should not be filled until the City Manager's personnel audit is complete. (Councillors Landers and Knibb withdrew from the meeting during the above comments.) Question being taken, the motion was carried with Councillor Rogers voting "nay". On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that with regard to the presentation by Mr. Eric L. Teed, Q.C., and Dr. Fred Hodges concerning the FCM race relations policy, a working group on race relations as recommended by the City Manager be implemented and the matter be referred to the Nominating Committee for a recommendation of nominees to comprise the working group. (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the presentation by Mr. Eric L. Teed, Q.C., solicitor for Saint John Policemen's Protective Association, Local No. 61, C.U.P.E., concerning the eligibility of police officers in the City of Saint John Pension Plan, be referred to the Board of Trustees of the City of Saint John Pension Plan, the Saint John Board of Police Commissioners, and the City Solicitor for a recommendation and possible consideration to having the legislation amended. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the presentation by Messrs. William Straight and Glenn Griffin concerning the Rehabitat Inc. housing project on Britain and Broad Streets be referred to the City Manager for a report with regard to parking, the building permit and ownership of the subject property to Council in one week. Question being taken, the motion was carried with Councillor Coughlan voting "nay". 82-307 COMMON COUNCIL MARCH 26, 1990 On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the presentation by Mr. H. W. Heans, spokesman for The Saint John Fish and Game Protective Association, regarding the lease for space at the Lily Lake Pavilion, be referred to the City Manager and City Solicitor to meet with the Association in an attempt to reach a decision satisfactory to both parties and report to Council in one week. Question being taken, the motion was carried. Councillor M. Vincent asked to reconsider the request of the Host Team of the Maritime Cup Provincial Championships on the basis that it would be more appropriate to refer this matter to the Major Tournament Committee rather than to the grants committee as adopted. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the motion to refer to the grants committee the request of the Saint John Action Auto Glass Kings, Host Team of the Maritime Cup Provincial Championships for assistance, be rescinded and the matter be reconsidered at this time. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that the request of the Saint John Action Auto Glass Kings, Host Team of the Maritime Cup Provincial Championships, for assistance with regard to the Maritime Cup to be held in Saint John on April 12-15, 1990, be referred to the Major Tournament Committee. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED section 6 of the above Committee of the Whole report of March 19 be laid on the table. Question being taken, the tabling motion was carried. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk