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1990-06-25_Minutes 82-448 COMMON COUNCIL JUNE 25, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-fifth day of June, AD. 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; J. Brown, Assistant City Manager - Development; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; B. Thompson, Deputy Chief of Police; G. Tait, Deputy Fire Chief; J. Johnson, Building Inspector; B. Malone, Planning; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on June 18, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor welcomed to the Council Chamber Carolyn Ganz who addressed Council on behalf of the North End Residents and Business Association regarding the Association's plans for an old-fashioned type picnic to be held in Victoria Square to celebrate Canada Day. Her Worship the Mayor extended a message of sympathy to the family of the late Mr. Garnet A Phinney, who passed away on June 24, and noted that Mr. Phinney was employed for many years at the Port of Saint John and was an active volunteer in many projects, including Romero House Soup Kitchen's current fund- raising efforts. On motion of Councillor A Vincent Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John extend a message of sympathy to the family of the late Mr. Garnet A Phinney. Question being taken, the motion was carried. (Councillor Rogers entered the meeting.) The Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, three parcels of land at 116 and 124 Queen Street and 183 Carmarthen Street (L.R.I.S. Numbers 3418,6536 and 6544), which together comprise 12,000 square feet with a frontage of 120 feet on Queen Street and 100 feet on Carmarthen Street, from Medium Density Residential to District Centre Commercial classification; and (b) re-zoning the same three parcels of land from "RM- 1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the property to be used for the maintenance of vehicles used in a taxi business, as 82-449 COMMON COUNCIL JUNE 25, 1990 requested by Diamond Taxi (Saint John) 1982 Ltd. and Mr. Paul Ram, and that a written objection was received in this regard from The Saint John Non-Profit Housing Inc. Consideration was given to a letter from the Planning Advisory Committee advising that the Committee considered the submitted Planning staff report at its June 19 meeting at which the applicant was present and represented by his solicitor, and one person, who lives in the area on Queen Street, was present and spoke against the application citing that the use would not be appropriate to the area; also submitting copies of five letters received against the proposed re-zoning, and of a letter and petition presented by the applicant; and recommending that the application with respect to 116 and 124 Queen Street and 183 Carmarthen Street to amend the Municipal Plan from Medium Density Residential to District Centre Commercial and to re-zone from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification be denied. Mr. Charles Murray, solicitor, appeared on behalf of the applicant in support of the above-proposed amendments and advised that the proposal would result in substantial improvements to the area involved in that it involves the demolition of the quite-dilapidated building on the location and the erection of a new structure and also the fencing in of the area, and further that the proposal would result in an increase in the tax base of the area. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that as recommended by the Planning Advisory Committee, the application of Diamond Taxi (Saint John) 1982 Ltd. and Mr. Paul Ram, with respect to 116 and 124 Queen Street and 183 Carmarthen Street, to amend the Municipal Plan from Medium Density Residential to District Centre Commercial classification and re-zone from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, be denied. Councillor Coughlan suggested that, in view of ongoing efforts to provide quality housing in Saint John, to take action other than that above would speak against the enhancement of the type of dwelling that is wanted in the residential areas of the City; and, in response to queries concerning current use of the property, Messrs. Bedford and Johnson commented on the current use of the property for the purpose indicated in the application and action the City plans to take in this regard and the process involved in resolving the situation. Councillor Rogers, a member of the Preservation Review Board, advised that properties in the area in question might in the future be considered for historical designation and expressed the opinion that this is an area in which quality housing should be provided. The Mayor asked if, in situations of this nature, City staff discusses with the applicant a recommended location for a proposed business location, to which Mr. Bedford replied that staff works with the applicant in an attempt to find other sites and also refers the applicant to Mr. D. O'Leary, Director of Economic Development. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above application be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 301 Ashburn Road (L.R.I.S. Number 52670), having an area of approximately half an acre with a frontage of 83 feet, from Open Space and Low Density Residential to Light Industrial classification; and (b) re-zoning the same parcel of land from "RF" Rural to "1-1" Light Industrial classification, to permit erection of a storage building, as requested by Mr. 82-450 COMMON COUNCIL JUNE 25, 1990 William Dugay, and that no written objections were received in this regard. No person was present with respect to the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee recommending that (1) Schedule 2-A of the Municipal Plan be amended by redesignating, from Open Space and Low Density Residential to Light Industrial classification, a parcel of land having an area of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83 feet) at 301 Ashburn Road (L.R.I.S. Number 52670); (2) the same parcel be re-zoned from "RF" Rural to "1-1" Light Industrial classification; and (3) the re-zoning be subject to a resolution of Common Council pursuant to Section 39 of the Community Planning Act: (a) restricting the use of the property to indoor storage and warehouse facilities; (b) requiring that the property be developed in accordance with a site plan approved by the Development Officer indicating the following: properly graded and paved vehicular areas, a board-on-board privacy fence and/or vegetation screen along the lot line abutting the adjoining residential use, landscaping of all areas not occupied by buildings and vehicular areas, except that the land to the southwest of the brook may be left in its natural state; (c) requiring that the location, design and size of signage be subject to further review and approval of City staff and the Planning Advisory Committee; and (d) requiring that the items listed in (b) above be completed by September 30, 1991. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land having an area of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83 feet) at 301 Ashburn Road (L.R.I.S. Number 52670), from Open Space and Low Density Residential to Light Industrial classification, be read a first time. The Mayor asked if the above property in located in the flood plain to which Mr. Johnson indicated in the negative. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land having an area of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83 feet) at 301 Ashburn Road (L.R.I.S. Number 52670), from Open Space and Low Density Residential to Light Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land having an area of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83 feet) at 301 Ashburn Road (L.R.I.S. Number 52670), from "RF" Rural to "1-1" Light Industrial classification, 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. 82-451 COMMON COUNCIL JUNE 25, 1990 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 Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land having an area of approximately 2000 square metres (half an acre) with a frontage of 25 metres (83 feet) at 301 Ashburn Road (L.R.I.S. Number 52670), from "RF" Rural to "1-1" Light Industrial classification, 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. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to a proposed Zoning By-Law text amendment (1) to amend Section 20 by:- (a) amending the definition of "structure" by deleting the words "or a power or telephone pole."; (b) adding the definition: " 'sewerage service and treatment facility' means a building, structure or any use of land for the supplying or maintaining of sewerage service and/or sewage treatment, such as, but not restricted to, sewage treatment plants, sewage lagoons, and communal septic tanks."; (c) adding the definition: " 'utility depot' means any land or building uses primarily for the receiving, depositing, storing or handling of goods or materials which are intended to provide a service, especially to the public, such as, but not restricted to, inside or outside storage of poles, wires, pole line hardware or other materials used for the supply of electrical, telephone or cable television services."; (d) deleting the existing definition of "Utility Service Building and Structure" and insert: " 'utility service building or structure' means a building or structure used in conjunction with the supplying or maintaining of a utility or service such as, but not restricted to, underground pipe systems; transmission and distribution lines; water or sewage pumping stations, underground wires and associated small surface mounted enclosures; poles; pole anchoring devices; overhead wires and pole line hardware and communications devices."; (e) adding the definition: " 'water service and treatment facility' means a building, structure or any use of land for the supplying and maintaining of water service and/or treatment, such as, but not restricted to, dams, intake structures, valves, wells, pumps, chlorination buildings, water tanks and water treatment facilities. "; (2) delete Section 81 0(4) and replace with: "(4) Utility Service BuildinQs or Structures Notwithstanding any other provisions of this By-Law, utility service buildings or structures shall be permitted in any zone and such building or structure shall comply with all lot, height, yard and coverage regulations prescribed for such zone except where they are located within a street right-of-way or registered easement. A building or structure shall be designed, erected and maintained in a manner compatible with buildings of the type permitted in said zone, and such building or structure shall, except where they are located within a street right-of- way or registered easement, be subject to any conditions which may be imposed by the Committee."; (3) add a new Section 670 to create "US" Utility Service Zone as follows: "670 Utility and Service US 1. Uses 82-452 COMMON COUNCIL JUNE 25, 1990 Any land, building or structure may be used for the purpose of, and for no other purpose than, (a) the following uses: - an electrical substation - a flood control device - a fire station - a garage - a municipal or provincial building - a municipal or provincial works depot - a police station - a public transportation terminal - a sewerage service and treatment facility - a utility depot - a utility service building or structure - a water service and treatment facility - a water tank (b) an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. 2. Zone Standards (a) Minimum lot area .................... 1500 sq m (b) Minimum lot width ................... 30 m (c) Minimum lot depth ................... 45 m (d) Minimum front yard .................. 7.5 m (e) Minimum rear yard ................... 7.5 m (f) Minimum side yard ................... 7.5 m (g) Maximum height ...................... 3 storeys/11 m (h) Maximum lot occupancy............ 20% (i) Landscaping, subject to Section 870 - minimum area ....................... 15%"; (4) amend Section 620(1)(b) (the "1-1" zone) and 630(1)(b) (the "1-2" zone) to add the following permitted uses: - a flood control device - a municipal or provincial works depot - a sewerage service and treatment facility - a utility depot - a water service and treatment facility; (5) amend Section 30(1) to add the following category: utility and service US; (6) amend Section 30(6) to add "US" zone to the list of zones which are collectively referred to as "I" zones or industrial zones; (7) amend Section 830(4) to add US to the list of zones in which open storage of materials and goods are permitted when a screening is provided between it and adjacent "R" zones; (8) amend Section 840(3)(h) concerning signs to include the "US" zone; to create a new Utility and Service zone and regulations for various types of defined utility uses; and that no written objections were received in this regard. No person was present with respect to the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee recommending that, as the Committee has not had an opportunity to consider a report on the above matter and therefore cannot make a recommendation, the public hearing be held as scheduled but no decision be made until a recommenda- tion is received. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the above matter be laid on the table pending a recommendation from the Planning Advisory Committee. Mr. Bedford, in response to Council queries, explained that the proposal to create a new Utility and Service zone is to provide for future utility uses and should not affect any residential or business properties at this time; advised that, while currently sewage lagoons could exist in areas zoned Open Space and Park, as well as in Light Industrial and Heavy Industrial zones, and that a new sewage lagoon at this 82-453 COMMON COUNCIL JUNE 25, 1990 time could be permitted as a right in Light Industrial and Heavy Industrial zones, the proposal is that, if a new sewage lagoon were to be introduced, this would be evaluated through the re-zoning process involving the US zone; also advised that staff does not anticipate that the new type of zone will create additional problems but rather will provide the opportunity for all agencies and the public to comment on the introduction of a specific utility use as part of the process of approving that use; further advised that, with respect to a possible adverse effect on land assembly for parking in that the proposed Section 670 lists purposes for which land, buildings or structures may be used, the creation of the US zone should not have a negative effect on the issue of parking, nor would the creation of the US zone result in any additional requirements with respect to the escarpment site considered in terms of a future civic centre site and, further that, in previously reviewing the requirements for a civic centre use, staff did not anticipate using the US zone for such use; and also that, with respect to rinks which are presently permitted in a variety of zones throughout the City as indicated on the submitted chart showing uses by zone, future rinks would not be located in one of those zones and not placed in the proposed US zone. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the agreement dated February 18, 1988 between Tritor Developments Limited and the City of Saint John pursuant to Section 39 of the Community Planning Act so as to permit establishment of a gas bar on the corner of Westmorland Road and Mark Drive with direct access to both streets and to make any other changes or additions to the agreement as may be considered necessary, the previous proposal not having included direct access to the streets, as requested by McAllister Place Limited, and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee advising that it considered the submitted Planning staff report at its June 19 meeting at which the applicant was represented by Mr. Brian Mosher and no persons were present to speak in opposition to the proposal, and that the Committee recommended in favour of the staff recommendation; and recommending that the application to amend Section 39 conditions with respect to providing direct access to Westmorland Road and Mark Drive be denied. Mr. Charles Murray, solicitor, appeared on behalf of the applicant and, in noting that it has long been a part of the plan for the McAllister Place development to have a gas bar, suggested that, with respect to concerns about the effect of a gas bar on the traffic flow, gas bars usually do not cause problems with traffic flow based on the experience at the corner of Rothesay Avenue and McAllister Drive at which the location of three gas bars creates no real problem with traffic flow. Mr. Murray advised that, while having no significant affect on traffic flow, the lack of direct access will significantly affect the sort of business which the gas bar can attract and that direct access would make the operation much more viable. During discussion Councillor Coughlan asked if the applicant would be prepared to review the proposal with respect to the matter of access on the basis that a gas bar would accent the total McAllister Place operation and Mr. Rodgers, in response to the question of procedure should Council wish to table the matter and request the applicant to review the matter, expressed the opinion that Council does not have to make a decision at this time on the above application but can table the matter for the purpose of exploring the matter. (Councillor Landers withdrew from the meeting during the above discussion.) On motion of Councillor A. Vincent Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table and staff meet with the applicant in an attempt to resolve the problem. Question being taken, the tabling motion was carried. 82-454 COMMON COUNCIL JUNE 25, 1990 Mr. W. G. Artiss, Chairman of Fundy Solid Waste Action Team (Fundy SWAT) addressed Council concerning the background on the establishment throughout the Province of groups to address the problem of solid waste on a regional basis with the intent of the Government of New Brunswick being to phase out the more than 200 landfill or dumpsites in the Province, none of which are acceptable by present standards, when new facilities can be constructed; the formation approximately one year ago of the Fundy team which is comprised of representatives of each of the eleven municipalities and seven local service districts in the Fundy Region which encompasses from the Saint John/Charlotte County lines to and including the Hampton/St. Martins' regions, and the membership, staffing and mandate of Fundy SWAT, the latter being to develop and implement, through a comprehensive public education and consultation, a strategy for the management of solid waste in the Fundy Region that is environmentally, socially and economically-acceptable. Mr. Artiss advised that, with respect to the project timetable, Fundy SWAT has a waste audit presently underway, a draft of which should be available to the group in approximately two weeks with the final report expected to be available in September 1990, and that an assessment of alternatives will be undertaken to study the technical options available for creating an integrated waste management system in light of the situation and results that will come out of the waste audit; and clarified that Fundy SWAT is not just looking for a site for a new landfill or an incinerator, but rather to determine a waste management facility or system that will, no doubt, include recommendations on how to reduce the amount of waste produced, a recycling option at least in the larger urban areas, and a determination on the size of the landfill based on the other options Fundy SWAT chooses to follow, such report expected to be available to the group in January 1991, with public consultation on the alternatives to take place for the next 6 to 8 months involving a process of educating the public about the various technologies and types of systems that could be developed within the context of the environmentally, socially and economically acceptability mandate and a process of generating, receiving and considering public input and feedback prior to any decisions being made. Mr. Artiss also advised that, following the study on alternatives and the public consultation process, a decision will be made on the alternatives and a recommendation will be developed for consideration by all of the member municipalities and local service districts of Fundy SWAT, the target date for this being September 1991, following which the process of site selection, identification and conducting of public consultation regarding potential site/s for the components of the waste management system which will take until the winter of 1992, with an environmental impact assessment to be conducted by the Province when a recommendation can be made on one or two sites which will take 9 to 12 months to the fall of 1992, followed by the design and construction of a facility or facilities, with a timeframe proposed of approximately a year determined by the type of facility that ultimately will be put in place. Mr. Artiss made the observation that the timeframe proposed is optimistic based on the experience of other areas; commented on the project funding which, to date, has been paid by the Province, with the Province to pay all funding until facility/facilities are in place at which time the loan minus the Provincial share is to be paid back which will be approximately 50 per cent to be determined based on what the costs ultimately are. He noted that the facility will be constructed with funding borrowed from the Municipal Capital Borrowing Board and costs recovered from tipping fees for use of the facility, with the Province's intention at that time being to close all of the existing facilities, eleven of which have been identified to date in the Fundy Region, with no direct payment for the facility to be requested from the municipal councils and added that, while the current practice of the Department of Municipal Affairs is to have the municipalities guarantee a portion of the long-term debt, Fundy SWAT would prefer that a regional commission be formed to administer the facility, guarantee the debt and put up the asset of the facility itself as a guarantee of the debt. Mr. Artiss concluded that there are three key points as follows: (1) the concept of an integrated waste management system, rather than seeking a new landfill or a site for an incinerator; (2) the central importance of true public consultation is very much a factor in what Fundy SWAT is doing; for example, the involvement from the outset of the Conservation Council and the Keep Saint John Beautiful Committee and the effort being put into public consultation in an attempt to educate people about Fundy SWAT's efforts, recycling and what is attempting to be done and why; and (3) while the intent of the process is not to stifle initiatives of member municipalities and local service districts, it is important that Fundy SWAT be kept informed of decisions being made that may impinge upon its planning process; and displayed a Fundy SWAT poster as part of its education process including suggestions month-by-month on how 82-455 COMMON COUNCIL JUNE 25, 1990 to reduce, re-use and re-cycle (copies of which were distributed to Council members at this meeting). Mr. Artiss responded to Council queries with respect to a location for a regional landfill site in view of transportation representing approximately 70 per cent of the ultimate cost involved and the fact that most of the waste is produced in the City of Saint John, and the proposed timeframe for the project; and the Mayor thanked Mr. Artiss for his presentation. (The Mayor withdrew from the meeting whereupon Deputy Mayor Gould assumed the chair.) Mrs. Helen Hanratty, a member of the Watershed Committee of Legacy, addressed Council with respect to the previously-submitted brief entitled "The Designation and Protection of the Loch Lomond Watershed Designation As Protected Area Under the Clean Environment Act", dated June 1990 and prepared by Legacy's Watershed Committee, which summarizes and compares the recommendations of the Jacques, Whitford and Associates study and the Province's proposed protected area order, and advises that (1) with regard to setback, Legacy adopts the Jacques, Whitford study's recommendations of a 150 metre setback within the City of Saint John and of a 100 metre setback outside the City limits, although it stresses that these setbacks are only appropriate if further residential development is curtailed and that, if further development is allowed in the watershed, the cumulative effect would require larger setbacks, and that these two cannot be separated; (2) in relation to residential development, Legacy adopts the Jacques, Whitford study Option 2 which permits existing residential land use but prohibits all future residential development, alteration or expansion, and furthermore Legacy recommends that existing owners of residences in the watershed be allowed to remain and retain ownership of their residences indefinitely as long as ownership and occupation remains in the name of the current owner or an immediate family member; however, if a landowner wished to otherwise dispose of his or her property, Legacy recommends that the Province of New Brunswick and the City of Saint John be legislatively mandated to have a first option to purchase the property at the then-offered price so as to then protect those properties from further use or development; and furthermore, if the residences were to be destroyed by fire or other calamity, the owner should be allowed to rebuild in compliance with all laws and regulations then in force; (3) concerning forestry operations, Legacy recommends allowing forestry operations only to the extent necessary to control fire hazards, pest infestations, "blow down" or other forestry hazards and, in particular, Crown and municipal lands should not be forested other than to protect the lands as outlined herein; (4) regarding road construction, Legacy recommends that attempts be made to mandate an alternative route to Provincial Highway 820 for all commercial vehicles, especially those transporting hazardous products and, failing this, Legacy recommends that the Province adopt a reduced speed limit for all commercial vehicles using roads within the watershed, and further that existing roadside ditches and sediment traps should be upgraded to prevent escape of accidental spill contaminants; (5) Legacy is in agreement with the protection suggested for agricultural activity as suggested in the proposals of Jacques, Whitford and the Province; (6) with respect to aggregate extraction, Legacy recommends that no further burrow pits or quarries for the purpose of aggregate extraction be allowed in the watershed and that the existing licenses not be renewed upon expiry; (7) Legacy recommends that the use and storage of chemical pesticides (or herbicides for that matter) and other regulated hazardous materials be prohibited; (8) with regard to lumber yard (sawmill) operation, Legacy is aware of no reason, considering the risk, to allow future lumber yard or sawmill operations within the watershed; (9) Legacy recommends that mining activity be prohibited within the watershed; (10) Legacy can see no reason to allow commercial activities that are not already in existence within the watershed and, therefore, can see no reason to allow future aquaculture operations; (11) Legacy supports very limited passive recreational activities in the watershed, such as cross-country skiing and hiking, and recreational activities directly involving the water supply within the watershed, such as swimming, bathing, boating and fishing, should be prohibited; (12) concerning storage of petroleum products, Legacy is strongly opposed to the continued operation of a service station within the watershed under any condition and recommends that storage of petroleum products be allowed only in the case of existing residential development and then only in above-ground storage tanks surrounded by an approved secondary containment mechanism; and (13) with regard 82-456 COMMON COUNCIL JUNE 25, 1990 to non-conforming land uses, Legacy recommends that no exemption be granted in relation to the operation of the service station at Baxter's Corner and, given the potential risk, this type of commercial activity cannot be undertaken within the watershed; also recommends that septic tanks be mandated for all residences, with a separate regulation to be adopted by the Province for septic tanks in any watershed in the Province to apply a more stringent approval, installation, inspection and maintenance system, and further recommends that, based on Legacy's concern that the notification and exemption granting process is not public, before an exemption is granted, the Minister of the Environment be required to advertise the possible exemptions in a local newspaper requesting any interested individual or group to make representations concerning the possible exemptions at a public meeting. Mrs. Hanratty introduced the members of Legacy present at the meeting; explained that Legacy asked to make this presentation because of its opinion that Council members, being foremost in the community as far as individual citizens in the community are concerned, can make an enormous impact in expressing Legacy's concerns to the decision makers in the Department of the Environment; and summarized Legacy's recommendations. Deputy Mayor Gould thanked Mrs. Hanratty for her presentation on behalf of Legacy, and Mrs. Hanratty confirmed that a copy of the above brief has been forwarded to the Minister of the Environment. On motion of Councillor A. Vincent Seconded by Councillor Rogers RESOLVED that the presentation by Mrs. Helen Hanratty on behalf of Legacy, concerning the Loch Lomond watershed, be received and filed. Question being taken, the motion was carried. (The Mayor re-entered the meeting and reassumed the chair.) Dr. Gary Davis addressed Council concerning the previously-submitted progress report from the Social Development Forum, a workshop co-sponsored by the City of Saint John and the Human Development Council in April and entitled "Goals for Saint John" A Social Development Strategy for the 90's"; noted the presence in the Council Chamber of Workshop Planning Committee members Travis Cushing, David Wilton, Cathy Wright and Monica Chaperlin; and introduced the following workshop participants who, in turn, addressed Council with respect to the recommendations which came forth from each of their respective groups as indicated in the subject brief:- Cathy Wright on behalf of the Adult Education group; Brenda Murphy on behalf of the Housing group; Leslie McColgan on behalf of the Public and Mental Health groups; Gary Bard on behalf of the Recreation and Open Space group; Bernard Cormier on behalf of the Arts and Culture group; David Wilton on behalf of the Safety and Security group; and Muriel Walker on behalf of the Child Education group. Dr. Davis asked Council to ensure the process started by the Workshop by acting on the following recommendations:- (1) continuation of the workshop working groups in the form of follow-up committees to ensure continued cooperation on these priorities at the implementation level; (2) a series of community-based meetings to discuss, recommend and act on social development and human services priorities; (3) continuation of the City's involvement in the Human Services Policy Advisory Committee, following from its participation in the Socio-economic Forum held in 1989; and (4) presentation of the report to the local MLAs for their support and involvement. Dr. Davis concluded that the purpose of the workshop was to bring together community organizations and government agencies in an attempt to achieve the City's six social development goals, which is recognized as a difficult problem because of the overlapping or even separate responsibilities, and that Council's positive recommendation will stimulate a whole range of separate but coordinated actions that will help Saint John achieve its social development goals. The Mayor commended the group for its involvement in the workshop and asked if, in view of Council's recent referral to staff of the proposed Economic Development Strategy which is to deal with education and other areas which overlap with those which were part of the workshop, rather than adopt the above 82-457 COMMON COUNCIL JUNE 25, 1990 recommendations, it would be in order for Council to refer the brief to the Assistant City Manager - Development for consideration and inclusion in his anticipated report to Council. Mr. Brown replied that the work carried out by the workshop group, to date, is generally consistent with the implementation of the social goals for the Strategic Plan and will fit into the committee system he has reviewed for Council on which a report should be submitted to Council at the next meeting, and confirmed that the group's work is complementary to, rather than in conflict with, the forthcoming report. (Deputy Mayor Gould re-entered the meeting.) During discussion Deputy Mayor Gould noted that he chaired a Committee of the Whole meeting earlier this date at which time the above group presented its brief in more detail. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that with regard to the presentation on behalf of the joint Planning Committee of the Human Development Council and the City of Saint John of the report "Goals For Saint John: A Social Development Strategy For The 90's", from the Social Development Forum workshop held in April 1990, Council support (1) the continuation of the workshop working groups in the form of follow-up committees to ensure continued cooperation on these priorities at the implementation level; (2) a series of community-based meetings to discuss, recommend and act on social development and human services priorities; (3) continuation of the City's involvement in the Human Services Policy Advisory Committee, following from its participation in the Socio-Economic Forum held in 1989; and (4) presentation of the report to the local MLAs for their support and involvement, with arrangements to be made through the Mayor's Office for a meeting between this group and the local MLAs, and further that the report be referred to the City Manager for study. Question being taken, the motion was carried. The Mayor noted that Council's procedure respecting presentations by delegations is that action would not be taken until later in the meeting; however, in the above situation, it was considered in order to act on the request in the presence of the group so its members would immediately be aware of Council's action. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that two items (which were considered in Committee of the Whole earlier this date) respecting the appointment of an Acting City Manager and a grant to Romero House, be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that Mr. Charles Robichaud be appointed as Acting City Manager from June 26 to July 1, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, a grant of $35,000 be approved for Romero House Inc., which includes an amount of $5,000 to cover the building permit and service hook-up. Question being taken, the motion was carried. 82-458 COMMON COUNCIL JUNE 25, 1990 On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Coughlan referring to his previous suggestion that several items on the Council agenda, namely, routine recommendations from the City Manager requiring Council approval, could be adopted in one motion; and recommending that, as such a procedure would be effective to handle routine matters, a committee of Council be appointed to study this matter in conjunction with the City Manager and the Common Clerk, and to submit a report and recommendation to Council in the near future -- be received and filed and the recommendation adopted. Councillor Knibb expressed opposition to the above-suggested procedure on the basis that dealing with each item separately provides an opportunity for discussion and, while it may take time to consider each item separately, it is important in a democratic process to provide an opportunity for citizens to hear what the items before Council are, as well as any debate on same. The Mayor suggested that the above matter could be considered by a committee or by Council during a caucus meeting and further that, in dealing with items as suggested above, Council members would be able to request to consider any item on a separate basis. Question being taken, the motion was carried with Councillors Gould and Knibb voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Maritime Limited - supply of asphalt June 6-12,1990 $75,361.19 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the report from the City Manager advising that the recent unexpected failure of one of the pumping units at the Rothesay Avenue sewage pump station changed the priority of the Capital Program project to upgrade the sewage pumping equipment at this pump station and, due to the potential pollution problems associated with the risk of failure of the remaining unit, staff wishes to proceed as soon as possible and is satisfied that the low quotation of the two quotations received from a solicited total of sixteen potential suppliers for two pumping units is an appropriate price for the equipment, which will be installed by personnel of the Water and Sewerage Department; and recommending that a purchase order for replacement pumping equipment be placed with Electric Motor Services (1979) Ltd. for the supply of two 15" diameter pump assemblies at its quotation of $17,557.33 plus appropriate taxes -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the City Manager regarding the Rotary Admiral Beatty Complex which was transferred by the City in 1986 to The Saint John Non-Profit Housing Inc. at which time the City transferred to the Company a building with a construction cost of $6,175,000, a mortgage payable to Canada Trust of $5,893,000 guaranteed by C.M.H.C. and an amount due to the City of $282,000 and following which the Company has been paying $1500/month plus interest to the City of Saint John; advising that, as of July 1, 1990 the outstanding principal will be $237,000 and, in order to ensure that the City's investment 82-459 COMMON COUNCIL JUNE 25, 1990 is adequately protected, it is recommended that this outstanding amount be converted to a second mortgage against the property and, in addition to protecting the City's interest, the second mortgage will allow the Company to have fixed payments over the term of the mortgage as follows: principal amount - $237,000; interest rate - 13%; term - 9 years; monthly payments - $3,733.60; and prepayment option - at any time; also advising that the other outstanding issue with respect to financing of the complex pertains to major masonry repairs done in 1988 and 1989 of which, of the total amount expended of $193,000, $120,200 was financed from resources of The Saint John Non- Profit Housing Inc. with the balance of $72,800 financed by the City of Saint John and that, in order to establish a method of repayment and to assist the Company in its annual budgeting process and rent setting activities, it is recommended that a promissory note be drawn up between the City and the Company with the following terms:- principal amount - $72,800; interest rate - 13%; term - 8 years; monthly payments - $1,223.57; and prepayment option - at any time; and recommending that the City Solicitor be instructed to prepare both a second mortgage document and a promissory note between the City of Saint John and The Saint John Non-Profit Housing Inc. according to the terms and conditions as contained herein, and that the Mayor and Common Clerk be authorized to execute the agreements when complete -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a report from the City Manager advising the results of the tender for contract 90-9, Cedar Grove Crescent water and sewer renewals, with the tenders of QM Construction Ltd. and Galbraith Construction Ltd.'s tenders found to be formal in all respects, Dean Construction Ltd.'s tender having conflicts between the written and numerical bids in Clause 4.1 and Clause 4.4 Item C.2(e) and B.2(b) which was adjusted as per Clause 4(b) of the City's tendering procedures and the corrected total reported herein, and the tender of Nautilus Construction & Rentals Ltd. having failed to state a unit price for Items C.2(0) and C.2(q) and, as per Section (3)(h) of the City's tendering procedures, is not complete and should be declared informal; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that as recommended by the City Manager, (1) the tender of Nautilus Construction & Rentals Ltd. for contract 90- 9, Cedar Grove Crescent water and sewer renewals, be declared informal and rejected as per Section (3)(h) of the City's Tendering Procedures; and (2) contract 90-9, Cedar Grove Crescent water and sewer renewals, be awarded to the low tenderer, QM Construction Ltd., at the bid price of $115,764, and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Eastern Turf Products Ltd., in the amount of $16,900 plus tax, be accepted for the supply of a turf truck for use in City parks and various playfields. Councillor Rogers asked if, as the above Company was the only tenderer, the equipment in question is the of the type that would interest only one particular company, to which Mr. Armstrong replied that staff is aware of at least one other company from which a tender was expected for the unit in question, although staff is not aware of the reason it did not tender, and that the equipment is rather specialized in that, as it is a replacement unit, specifications required a unit that would be able to use other existing attachments. Councillor Fitzpatrick asked staff to report at the next meeting on whether or not the name turf truck is a brand name or generic. Question being taken, the motion was carried. 82-460 COMMON COUNCIL JUNE 25, 1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Apex Machine Works, in the amount of $44,500, be accepted for overhead doors at the Loch Lomond Road, Courtenay Avenue and Millidge Avenue fire stations. Mr. Totten, in response to Councillor M. Vincent's concern about tenders for which only one bid is received, advised that this matter has been discussed with Mr. M. Hanlon, Purchasing Agent, and it is the intent to pursue a number of meetings with suppliers in an attempt to determine why this situation is occurring. Responding to Councillor A. Vincent's question about the age of the doors to be replaced, Deputy Chief Tait explained that, due to problems with the doors resulting in many repair bills, a program was commenced three years ago to replace all the doors according to priority and that in 1990 it is anticipated that all fire station doors will have been replaced. 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 tender of Keystone Printing & Lithographing Ltd. be accepted for supplying 30,000 tourism folder kits at a cost of $460 per M, plus taxes. Question being taken, the motion was carried. Read a report from the City Manager recommending that the contract for providing janitorial services to the Municipal Operations Complex on Rothesay Avenue for a period of two years be awarded to Modern Building Cleaning (NB) Ltd. at a cost of $22,762 per year. Councillor Knibb noted that all of the Saint John companies' bids for the above service are at least $4,000 to $6,000 more than the bid received from the above- named Fredericton company, and suggested that this matter should be referred to the City Manager and, in particular Mr. Todd who has with housing been involved in janitorial service work, request them to analyze the offer further on the basis that the City will get what it pays for in terms of services and further that, in his opinion, there is a need for jobs in Saint John and, to continue awarding tenders to outside companies, will result in problems in the City. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above matter be referred to the City Manager for further analysis and a report to Council. Question being taken, the referral motion was carried with Councillors Davis and Fitzpatrick voting "nay". Councillor M. Vincent noted that he has been advised by the City Solicitor that he is not eligible to be present during discussion of the next item of business which deals with a proposed Municipal Plan amendment and re-zoning of property at 170 Ashburn Road, as he was not present for the public hearing. (Councillor M. Vincent withdrew from the meeting.) Consideration was given to a report from the City Manager referring to Council's tabling on June 11 of third reading of a proposed Municipal Plan amendment which would result in the expansion of the quarry at 170 Ashburn Road (the public hearing in this regard having been held on May 7 with the application tabled, the proposed Municipal Plan and Zoning By-Law amendments subsequently given first and 82-461 COMMON COUNCIL JUNE 25, 1990 second readings on May 22 and the matter further tabled on May 28); summarizing the June 11 presentation by Mr. John A. Henheffer, solicitor for Mr. D. Ferguson, into the following points: (1) who owns the quarry and when did ownership change; and (2) what Section 39 conditions are in place and when, if ever, have they been met; advising that Mr. W. Tomlinson of R. W. Tomlinson Ltd. has been contacted through his agent in Saint John and invited to attend Council to respond to Mr. Henheffer's comments and was also asked to clarify in writing the ownership status of the property; submitting a table describing the level of conformity that has been achieved with respect to the conditions approved in 1987; and stating that, in general terms, very little compliance was achieved under the previous owner, and that, during the time Mr. Tomlinson has been involved in combination with the previous owner and now on his own, steps have been taken to move the pit into compliance with the regulations in place, and the application now before Council is being presented in part to achieve compliance with the conditions and the City's policies. The report also states that, in developing the recommendations, conditions have been recommended which will ensure that the nearby properties, while appreciating their location in an industrial area, will not be unduly impacted by the expansion of the quarry, and that the conditions in place will ensure that nearby properties receive compensation for damage caused by the quarry operation, and that, in this case, conditions concerning water supply and blasting have been imposed; and further states that, in dealing with this application, recommendations have been prepared to support the extension of an industrial operation and still protect the living environment of nearby residents and property owners. The report also advises that research has confirmed that the subject property is owned by Crestwood Realty Ltd., which was owned and managed by Mr. Floyd Williston until early 1989 at which time there was an agreement of sale to Mr. Tomlinson, with final transfer completed late in 1989 and, until August 1989, Mr. Williston continued as manager for the new owner; further advises that, in the time since the fall of 1989, negotiations have proceeded with the new management which have concluded with: (a) the new Section 39 resolution approved by Council on May 22; (b) negotiations for acquisition of a floodway; and (c) negotiations for provision of compensating flood storage as part of the requirements to meet the Flood Risk Area By-Law, and that Mr. Tomlinson and his representatives, in all of these negotiations, have been very cooperative and have attempted to meet staff requirements with, in fact, the compliance being sufficient to result in the issuance of a 1990 excavation permit; and concludes that the conditions of the Section 39 resolution appear both sufficient and reasonable and that no serious problem in obtaining compliance is anticipated. Consideration was also given to third readings of the proposed Municipal Plan amendment and re-zoning of the subject property, and to correspondence from (a) Mr. D. Ferguson requesting to appear and speak at this meeting during consideration of third reading of Crestwood's application, and from (b) Hughes Surveys & Consultants Ltd. requesting that Mr. Tomlinson and his representatives have the opportunity to address Council at this meeting, provided staff's report is available at this time, with Mr. Tomlinson's submitted letter commenting on the ownership of the property and the Section 39 conditions. Councillor Knibb, in proposing that the above report be received and filed as recommended, noted that Council's action is required on the proposed amendments as well as on the requests by the applicant and Mr. D. Ferguson to address Council; whereupon the Mayor noted that this matter was tabled by Council on June 11 to provide an opportunity for the applicant to respond to the presentation at that meeting by Mr. Ferguson's solicitor. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report from the City Manager be received and filed and the applicant be invited to address Council at this time. Question being taken, the motion was carried. Mr. William Tomlinson, President of R. W. Tomlinson Ltd. and owner of Crestwood Holdings and Realty Ltd., appeared before Council and advised that, prior 82-462 COMMON COUNCIL JUNE 25, 1990 to the purchase of the property in question, he had employed two local firms, namely, Hughes Surveys & Consultants Ltd. represented by Mr. Richard Turner, and Fundy Engineering & Consulting Limited represented by Mr. Gordon Mouland, Jr.; also advised that he has been actively attempting to resolve the problems involved since purchasing the property; and asked that Mr. Turner be permitted to respond to the questions relating to the property. Mr. Richard Turner addressed Council concerning his firm's involvement in the application of Crestwood Holdings and Realty Ltd. since September 1989 during the conclusion of the property transfer and, with respect to the concerns expressed on behalf of Mr. D. Ferguson as to whether or not Mr. Tomlinson has made efforts to comply with the Section 39 agreement since taking control of Crestwood Holdings and Realty Ltd., commented on meetings, prior to formal application being made for By-Law amendments, with City staff to explore difficulties that had been arrived at with the operation, discuss any outstanding items and also try to work out a possible solution, as well as further discussion to address all and any concerns the City had with the operation, which commenced in April following the conclusion of his client's acquisition of Crestwood Holdings and Realty Ltd., with in October a formal request having been made for comments from City staff concerning the proposed amendments required to place the operation in good standing. Mr. Turner advised that, having inquired to the Province, mainly the Department of the Environment, as to whether or not any Provincially-required permits were in good standing, it was found that, at that time, there was not a specific requirement for permits or licenses for quarries but, at the request of the City, the Province would do a review process for such applications, and that, having been advised in December that the application for Municipal Plan and Zoning By-Law amendments should be submitted as a formal application rather than waiting for a complete staff review, the application was submitted in January 1990, along with a list of properties on which pre-blast surveys had been conducted; and that, having subsequently found that a Provincial Water Course Alteration Permit had not been applied for with regard to work done in the proximity of the property during the spring or summer of 1989, application was immediately forwarded to the Provincial Department of the Environment, and that additional information concerning equipment and use of the site was submitted to Mr. S. Drost of the Department of the Environment so that a more in-depth review of the operation could be performed, such matters requiring attention to put the agreement in good standing. Mr. Turner expressed the understanding that, during Mr. Drost's appearance before the Planning Advisory Committee through the hearing process, he indicated that the operation was quite satisfactory to the Provincial requirements and that some of Mr. Ferguson's concerns were among those reviewed by Mr. Drost; noted that the proposed expansion is mainly to allow for proper rehabilitation of the quarry slopes and that, as the expansion will progress in the northerly direction, Mr. Ferguson's property is to the east thereby not placing the operation closer to his property; and expressed the opinion that the points concerning dust, traffic and flood risk area are thoroughly dealt with in the application before Council and, in all respects, the application is designed to help to bring the operation into a position of good standing, and that the information presented displays the ambitious efforts to have the project achieve a situation that is acceptable and that the efforts made have all been positive, and that Council's endorsement of the application can only assist the applicant in achieving its goal. The Mayor reviewed with Mr. Turner the table submitted with the above- mentioned report from the City Manager describing the level of conformity that has been achieved, and Mr. Turner asked that Mr. Mouland be provided an opportunity address the issues of noise and blasting. Mr. Gordon Mouland, Jr., addressed Council and advised that Fundy Engineering and Consulting Limited has been retained to carry out two functions for the quarry, the first being to conduct a preblast survey of all properties within 400 metres of the quarry and obtain water samples, which has been done and filed with the Building Inspector; the second being to monitor and document a report on all blasts which, although not part of the proceedings before Council at this time, involves limits within which blasting operations should be kept and that, in all cases, the quarry has kept within, and well below, the limits. During discussion Mr. Tomlinson advised that, having purchased Crestwood, its assets were subsequently transferred into R. W. Tomlinson Ltd., and 82-463 COMMON COUNCIL JUNE 25, 1990 that he and his brother own the Crestwood company one hundred per cent; and Deputy Mayor Gould expressed concern that the new owner might not do any better than the previous owner with respect to complying with the Section 39 conditions and suggested that the applicant should comply with the conditions on the previously re-zoned property prior to the City enacting legislation to re-zone additional property, to which Mr. Tomlinson noted that there is a letter of credit in place to ensure that the applicant does comply, otherwise the City will carry out the requirements using the money in the letter of credit, and commented on problems in attempting to work within the existing permit. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing approximately 23 acres, adjoining land previously zoned to permit a quarry operation and located north of Ashburn Road and east of the Saint John Throughway (being a portion of L.R.I.S. Number 298422), from Low Density Residential, Open Space and Light Industrial to Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number C.P. 100-208 A Law To Amend The Zoning By-Law", insofar as it concerns re-zoning a parcel of land containing approximately 23 acres, adjoining land previously zoned to permit a quarry operation and located north of Ashburn Road and east of the Saint John Throughway (being a portion of L.R.I.S. Number 298422), from "RS-2" One- and Two-Family Suburban Residential to "1-2" Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the condition that the property shall be used only for the purpose of quarrying operations and associated rehabilitation. The by-law entitled, "By-Law Number C.P. 100-208 A Law To Amend The Zoning By-Law", was read in its entirety. Question being taken, the motion was carried with Deputy Mayor Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the correspondence regarding the above By-Law amendments be received and filed. Question being taken, the motion was carried. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation for an amendment to the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, regarding the submitted application of Gambit Holdings & Development Ltd., have been completed and that the required waiting period for objections expired on June 21, with no written objections having been 82-464 COMMON COUNCIL JUNE 25, 1990 received. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Gambit Holdings & Development Ltd. for an amendment to the North End Neighbourhood Plan, which forms part of the Municipal Development Plan, and the re- zoning of property at 270-272 and 274-276 Main Street, be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on August 20, 1990. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on June 18, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the establishment of the Data Processing Section be changed by eliminating the two Programmer positions and increasing the number of Programmer/Analysts positions from one to three. 2. That as recommended by the City Manager, Common Council approve the submitted Personnel Administrative Policy #120 on Workers' Compensation - Administration. 3. That as recommended by the City Manager, Mr. Richard Armstrong be appointed Assistant Plumbing Inspector pursuant to the provisions of the By-Law Respecting the Plumbing Trade and Master Plumbers for the purpose of the administration and enforcement of the By-Law. June 25, 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 section 1 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 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. 82-465 COMMON COUNCIL JUNE 25, 1990 Councillor Rogers advised that, while that she has no reason to question staff as far as the recommendation on the selection of the candidate for the position of Assistant Plumbing Inspector is concerned, she does feel deceived by staff on an incident that took place last week in that the proposed candidate was working with the City last week and, having been so informed by Mr. Groody, the City Manager immediately asked him to leave the City premises. Councillor Knibb expressed the opinion that Councillor Rogers' comments were irrelevant to the above motion and the Mayor made the observation that Council's policy is to deal with personnel in closed session and ruled the discussion out of order due to its impropriety. Councillor Rogers rose on a point of order on the basis that her comments deal directly with the selection of the above candidate for the position and appointment of him to the Assistant Plumbing Inspector position and deals directly with the motion, whereupon the Mayor re-iterated that this is a personnel matter, and during ensuing discussion the Mayor suggested that, if staff made an error in judgement, it has so been brought to Council's attention, and Councillor Rogers made the observation that the Mayor was not present in Committee of the Whole earlier this date during discussion of the matter to which the Mayor replied that she, having been informed of the discussion when she arrived at the Committee of the Whole meeting, met with the City Manager in this regard, and called for the question on the motion. Councillor Rogers rose on a point of personal privilege on the basis that she wished to speak in reference to a matter being dealt with by Council to which the Mayor replied that the chair has ruled that it is a personnel matter and personnel matters are dealt with in Committee of the Whole. (Councillor M. Vincent re-entered the meeting during the above discussion.) Question being taken, the motion was carried with Councillors Rogers and A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that report from the Planning Advisory Committee submitting a copy of the final version of its Rules of Procedure, which were adopted at its June 19, 1990 meeting after being reviewed by the Legal Department; and advising that many of the Committee's unwritten policies, such as the provision of notice to adjacent property owners, the method of presentation before the Committee, and the ability to discuss an item in private by the Committee, were included in the Rules of Procedure -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from the Planning Advisory Committee submitting a copy of a report from the Community Planning Department advising that, further to the Committee's January 9, 1990 tabling of a report which recommended specific amendments to the Zoning By-Law to implement the Group Home Committee report of 1988 at which there were concerns expressed by a number of interest groups including a letter from the Human Rights Commission indicating that the proposed amendments would be contrary to the Human Rights Act and members of the Committee also had concerns with the legality of certain proposed amendments, the Planning and Legal Departments have had discussions with the Human Rights Commission staff but have not fully resolved the matter and, in addition, there have been legal challenges to similar municipal by-laws and these judgements are also being reviewed; and concluding that, when appropriate amendments are prepared, they will be presented to the Committee for recommendation to Council and, while it is difficult to indicate when a final report will be available, it is anticipated that a report should be available in September -- be received and filed. Question being taken, the motion was carried. 82-466 COMMON COUNCIL JUNE 25, 1990 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the 1989 Annual Report of The Saint John Non-Profit Housing Inc. be received and filed with appreciation. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that Common Council approve the application of Mr. Frank Arbo, Sr., an employee of the Works Department, to retire on an actuarially-adjusted pension, in accordance with Section 4(2) of the Pension Act. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Provincial-Municipal Council Inc. submitting a response from the Minister of Municipal Affairs to a resolution passed by the Cities of New Brunswick Association on January 20, 1990, with respect to the municipalities' receipt from the Province of information on annual tax assessment figures by no later than the third week of October of each year; such response indicating that the resolution has been communicated to the Geographic Information Corporation to which the Assessment Branch has been transferred with the recommendation that an interdepartmental committee be struck with representation from the Assessment Branch of the G.I.C. and the Department of Municipal Affairs to examine the issues and do whatever possible to accommodate the resolution while maintaining the integrity and accuracy of the system -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the petition from residents of Ropewalk Road requesting that signs be posted to stop heavy trucks from travelling on Ropewalk Road -- be referred to the City Manager. Mr. Taylor advised that he has had discussion with Mrs. Trembley who submitted the above petition on behalf of area residents and attempts are being made to resolve a problem with the by-law concerned and have a response later this week; and Councillor M. Vincent asked the status of the previously-requested report on truck routes. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mr. Andy Scott, CFBC Promotions Asst., advising that CFBC Radio, Coca Cola Classic and B.A. Music Systems would like to hold an alcohol-free summer beach day at Mispec Beach on July 21 or 22, weather permitting, from 1 p.m. to 11 p.m., with the proceeds to be donated to Romero House; and requesting that the $500 per day rent for the Beach be waived and also that extra garbage cans be provided on that day and the concessionaire be notified that the event will be taking place and to sell only Coca-Cola products --be received and filed and the request be approved subject to City staff working with the group with respect to the details of the event, and a report to Council in the event that an agreement cannot be reached in this regard. Question being taken, the motion was carried. 82-467 COMMON COUNCIL JUNE 25, 1990 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letters from (a) The Quality Block and (b) Trinity Royal Merchants requesting free metered parking uptown on Thursday and Friday evenings and all day Saturday in that the positive effects on the shoppers, who would rather go to the malls than be bothered by plugging meters, would benefit downtown Saint John, and it would be of great assistance to merchants if they could advertise free parking on those choice times -- be referred to the Parking Commission and the City Manager. Discussion was with regard to the possibility that employees of businesses in the area, rather than their customers, would continually utilize the parking spaces if free-metered parking were allowed and reference to a practice in the City of Halifax, Nova Scotia, whereby businesses provide free parking vouchers to customers. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the application of Lingley Printing Co. Limited for an amendment to the Section 39 re-zoning of 180 Simms 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 Tuesday, August 7, 1990. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Dohaney Food Services Ltd. for a dining room and lounge license, with respect to premises at 560 Main Street, will be held July 5 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk