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1990-09-04_Minutes 82-534 COMMON COUNCIL SEPTEMBER 4, 1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Tuesday, the fourth day of September, 1990, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers - and - Messrs. G. Taylor, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. Brown, Assistant City Manager- Development; J. C. MacKinnon, Commissioner of Infrastructure and Environment 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; S. Galbraith, Director of Supply and Services; W. Edwards, Acting Director of Works; P. Hanlon, Operations Engineer; D. Harvey, Superintendent of Sanitation; J. Baird, Planner; G. Tait, Deputy Fire Chief; A Bodechon, Assistant Deputy Chief of Police; B. Steeves, Deputy Building Inspector; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that minutes of the meeting of Common Council, held on August 20, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor proclaimed September 1990 to be Big Brothers/Big Sisters month in the City of Saint John; and noted that the Eastern Canadian Ladies Intermediate Softball Championship games are being held in Saint John during this week. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that an item regarding the hiring of the Director of Parks (which was considered in Committee of the Whole earlier this date) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried with Councillor Fitzpatrick voting "nay". On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the 1989 Annual Report of the Saint John Harbour Bridge Authority (copies of which were forwarded to Council members as an information item) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 82-535 COMMON COUNCIL SEPTEMBER 4, 1990 On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the Common Council of the City of Saint John extend congratulations to Nancy Teed on her appointment to the Canadian Senate. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with respect to the proposed re-zoning of (1) an approximate 90-acre area of land on Likely Road, having L.R.I.S. Numbers 331033 (part), 421727, 328039, 328088, 328070 (part), 328062, 329169, 55048375 (part), 55049383 and 55048359, from the existing "RS-1", "RS-2" and "RS-1 M" Suburban Residential zones to "R-2" One- and Two-Family Residential classification; and (2) an approximate 2-acre portion of L.R.I.S. Number 331033 adjacent to Loch Lomond Road, from "RS-1" One- and Two-Family Suburban Residential to "B-1" Local Business classification, to permit the development of the area as a serviced residential subdivision with approximately 240 lots and a small area for local commercial uses, as requested by J. C. Gabriel for 037042 N.B. Inc. and Across The Street Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting copies of the Planning staff report, two letters in support of and one letter in opposition to the above-proposed re-zoning, which were considered by the Committee on August 28 at which two individuals made presentations expressing concerns, and the applicant's representative spoke on behalf of the proposal; advising that the Committee felt that the issue of cost sharing must be resolved prior to the subdivision and re-zoning issues and that it would make a recommendation to Council on the re-zoning when cost sharing has been determined; and recommending that the decision on the re-zoning be tabled pending a decision by Council of cost sharing as part of the capital budgeting process on the basis that the Committee feels it would be better able to deal with the re-zoning after Council deals with the matter of extraordinary cost sharing. Mr. D. Nesbit of 2137 Loch Lomond Road expressed opposition to the above-proposed re-zoning for reasons relating to (1) the question of justification for a "B-1" re-zoning on the basis of the existence within a ten-minute drive of three convenience stores, two major malls including supermarkets, and two major hardware stores; (2) the number of details lacking with respect to the proposal; (3) an increase in traffic in an already-congested area; (4) the uncertainty of the owners about the use of the land in question; and (5) the effect on his existing well if the City water and sewerage services are extended to the site and the expectation that he and other Loch Lomond Road residents may be required to connect to the City services at a cost, as well as an expected resultant increase in property taxes and an increase in noise. The benefit to other potential subdivisions of the extension of City services was questioned in view of the total estimated cost of $625,000 of the trunk sewer extension, the cost of piping materials of approximately $200,000 which can only be considered as cost sharing with Council approval, and an additional cost sharing of approximately $600,000 for individual lot services which also would require specific Council approval, and the question of whether or not the above applicants are requesting from the City cost sharing different from the normal City policy was asked, and Mr. Robichaud explained that, while the City does not have to cost share in any trunk service extension, it is the City's tradition to cost share to the extent of the cost of the materials. The reason why the Planning Advisory Committee would be concerned about cost sharing arrangements, rather than only the re-zoning of the property, was questioned to which Mr. Bedford replied that the Committee, in dealing with the application, tabled the matter on the basis of the staff recommendation and explained that, in this particular case with the size of the subdivision, it is staff's concern that the major decision with respect to the development of the land is, in fact, extending the services to the site and, therefore, staff believes that such a decision should be considered by Council prior to considering the re-zoning. 82-536 COMMON COUNCIL SEPTEMBER 4, 1990 On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the application of J. C. Gabriel for 037042 N.B. Inc. and Across The Street Ltd. for the re-zoning of property in the Likely Road area off Loch Lomond Road be laid on the table pending a decision by Council of cost sharing as part of the capital budgeting process. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to Common Council resolution of October 7, 1985 as amended on June 13, 1988, pursuant to Section 39 of the Community Planning Act, as it applies to the "1-1" Light Industrial zoning of 660 Brown Street, so as to add a bottle exchange to the list of permitted uses in the existing building as the applicant wishes to establish a bottle exchange in the existing building, as requested by Diesel Power Services Ltd., 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 the Section 39 conditions adopted on October 7, 1985 be amended to permit the establishment of a bottle exchange in the existing building. On motion of Councillor Fitzpatrick Seconded by Councillor Coughlan RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 conditions adopted on October 7, 1985, with regard to 660 Brown Street, be amended to permit the establishment of a bottle exchange in the existing building. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Planning Advisory Committee concerning the above amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Mayor Wayne advising that Mr. Roland B. Urquhart, Sales Representative for the Shriners' Yearbook & Masonic Directory, has inquired as to whether the submitted letter of greeting from the Mayor and Council could be placed in the 1990 Yearbook and Masonic Directory -- be received and filed and the letter of greeting be placed in the 1990 Yearbook and Masonic Directory. Councillor Fitzpatrick expressed the opinion that, rather than the Mayor's photograph, the City's Coat of Arms and skyline should be used in City greetings of the above nature. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- 82-537 COMMON COUNCIL SEPTEMBER 4, 1990 Standard PavinQ Maritime Limited - supply of asphalt August 15-21, 1990 $72,875.27. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, a purchase order be issued for approximately $65,000 to The Power Commission of The City of Saint John to provide for relocation of power lines to accommodate the widening of McAllister Drive. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to Common Council resolution of August 7 authorizing the rescinding of the tender award for a track dozer to Wallace Equipment Ltd. and retention of its bid deposit and the award of the tender to Lounsbury Industrial Ltd., and to the letter on the agenda of this meeting from Wallace Equipment Ltd. requesting the return of its tender deposit of $3,915.30, and setting out the chronology of events from June 18 when the tender was awarded to August 10 when the Purchasing Agent spoke with Mr. Robert Wallace and expressed the City's concerns and in response received faxes from Wallace and Caron Compactor Co., the manufacturer of the shoes, to the effect that the 17" shoes would be a standard Caron product and replacements would be available on the same basis as any other product manufactured by it. The report suggests that it appears that Wallace Equipment Ltd., either as a result of its own mistake or that of the shoe manufacturer, made a commitment to supply a machine with a 17" shoe and, when it was found it was not possible to provide it, accepted the fact that the order would be cancelled; however, when advised of the City's intention to seize the tender deposit, Wallace contacted the shoe manufacturer who agreed to add the 17" shoe to its list of products; and further that it is most unfortunate that Wallace Equipment Ltd. did not attempt to resolve the matter until Mr. Hanlon informed it on August 8 that the deposit would be seized; notes that the terms of the tender documents as submitted are very clear that this would be the consequence of not complying; and recommends that the City proceed with the order to Lounsbury Industrial Ltd. and advise Wallace Equipment Ltd. that its offer is too late to be considered. Consideration was also given to the above-mentioned letter from Wallace Equipment Ltd. requesting that the City of Saint John return its tender deposit in the amount of $3,915.30 related to the tender for Motorized Equipment III - Bid #90- 7024T for one track dozer in view of the extenuating, unique circumstances over which it had no control; and explaining the situation in this regard. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the City proceed with the order of a track dozer to Lounsbury Industrial Ltd. and advise Wallace Equipment Ltd. that its offer is too late to be considered: AND FURTHER that the bid deposit of Wallace Equipment Ltd. be returned. During discussion Mr. Robichaud explained that, while any type of bulldozer could have been tendered and that a 15" shoe is standard for the type of dozer in question, the City specified 17" tracks due to the fact that the dozer would float better while working on the soft material at the dumpsite; and with regard to Councillor Coughlan's concern that the return of the bid deposit could set a precedent based on Mr. Wilson's explanation that one of the main purposes of a bid deposit is to ensure the integrity of the bid in that, not only has a company taken the time to submit a bid but is prepared to live up to the bid, in the event a company does not live up to its bid, the City has the right to withhold the deposit, and the fact that the City has a City Manager form of government to handle operational matters and has followed the procedure in 82-538 COMMON COUNCIL SEPTEMBER 4, 1990 this instance, and Wallace Equipment Ltd. understood the procedure from the beginning and did not attempt to do anything about the situation until August when reminded that its deposit would be seized. The Mayor advised that the return of the bid deposit in this case would not be setting a precedent as Council has done so many times before in the past. Question being taken, the motion was carried with Councillors Coughlan and Davis voting "nay". Read a report from the City Manager advising that, with regard to the tender for a pipe saw for the Water and Sewerage Department which was tabled at Council's last meeting, there were thirteen items in the City's specifications of which the low bidder included eight in its bid and, of the remaining five items, the low bidder indicated that one was not available and the other four would be at an extra cost but this cost was not stated, and that it was not possible for staff to do a comparative evaluation of prices given the manner in which the tender was submitted; and recommending that the report on tenders for supply of a pipe saw be taken from the table and the recommendation contained therein be adopted. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above matter be taken from the table: AND FURTHER that as recommended by the City Manager, the tender of Justram Equipment Inc., in the amount of $20,315, plus tax, F.O.B. Aurora, Ontario, be accepted for a pipe saw for the Water and Sewerage Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, contract 90-18, McAllister Drive-Lakewood Avenue 40 mm watermain, be awarded to the low tenderer, Hank E. Merchant Ltd., at the tendered price of $359,763.49, 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 Landers RESOLVED that the report from the City Manager advising that staff members have spoken to Mrs. Joan Parfitt regarding her concerns about housing development in the South End since Council's receipt of her letter on April 23; commenting on her concerns in this regard, and recommending that, in receiving and filing this report, a copy be forwarded to Mrs. Parfitt -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from the City Manager submitting a copy of an application summary for funding under the Housing Through Infill Development Program relative to a project at 269 Princess Street, and advising that, before construction can proceed, the proposed project will require the approval of the Planning Advisory Committee of a number of variances. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, Housing Through Infill Development funding estimated at $19,200 be 82-539 COMMON COUNCIL SEPTEMBER 4, 1990 approved in favour of D. W. Construction Co. Ltd. relative to the construction of a four- unit apartment building at 269 Princess Street, subject to compliance with any and all conditions which may be imposed by the Planning Advisory Committee. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager submitting an application summary for funding under the Housing Through Infill Development Program relative to construction of a single-family home on City Line West, east of Woodville Road. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a Housing Through Infill Development grant estimated at $9,000 be approved in favour of Mr. Robert MacKinnon relative to the construction of a single- family home on City Line West, subject to the submission of satisfactory plans, including appropriate site works. Question being taken, the motion was carried. Notice had been given to Marie I. Rowley, Owner, to appear at this meeting of the Common Council to show cause, if any, why the building located at 187- 189 Main Street (L.R.I.S. Number 378752), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. No person was present to speak either in opposition to or in favour of the recommended demolition. Mr. Steeves displayed photographs of the above-mentioned two-storey woodframe building, of which an interior inspection has revealed that it is dilapidated and not suitable for occupancy and further that it is coming apart, with one addition leaning significantly towards the adjacent property, the foundation wall on that side being badly deteriorated and noticeably more dangerous in the past year, and further is dilapidated and cannot be economically repaired. Mr. Steeves expressed the opinion that the subject building, under the 1925 Act, is dangerous and dilapidated and recommended that Common Council adopt the submitted resolution by virtue of the Saint John Building Act of 1925. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that notice having been given to Marie I. Rowley, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 187-189 Main Street (L.R.I.S. Number 378752) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a dangerous or dilapidated building, and having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 187-189 Main Street in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Marie I. Rowley, Owner, is hereby required to remove or destroy the said building situate at civic number 187- 189 Main Street in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Marie I. Rowley, Owner, to remove or destroy the said building situate at 187-189 Main Street in the City of Saint John, in compliance with the request of such notice that the Building Inspector cause such work to be done and the cost thereof recovered from the said Marie I. Rowley, Owner. 82-540 COMMON COUNCIL SEPTEMBER 4, 1990 Mr. Steeves, in response to Council queries, advised that the City had no direct response from the owner of the above building other than the building was kept boarded up and that he unaware of how long the building has been for sale. Question being taken, the motion was carried. Read a letter from the City Manager advising that the Provincial Department of the Environment requires that the City execute an agreement with respect to the funding for the reconstruction of the Lancaster wastewater treatment plant and that the submitted agreement represents the negotiations that took place respecting this project. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted agreement respecting funding of the Lancaster wastewater treatment plant reconstruction. The Mayor advised that the City Manager assured her earlier this date that the City Solicitor has reviewed the above agreement as to legality and form and it is in order. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the proposed Paul Chase Subdivision at 881 Sand Cove Road, which was the subject of a letter from Mosher Chedore, solicitors, at Council's last meeting; noting that Council has not made a final decision on the August 10, 1989 Planning Advisory Committee recommendation to approve a ten-lot subdivision, such matter having been tabled on December 18, 1989; advising that the Legal Department has advised that, if Council wishes, it may lift the item from the table and make a decision to approve the proposal as recommended by the Committee or to refer the matter back to the Planning Advisory Committee for further public input, and that little has changed since the Committee's consideration of the proposal in August 1989, and the recommendation is still valid and the views of the various parties have been presented in the past; and recommending that (1) the Planning Advisory Committee's recommendation contained in the submitted correspondence of August 10, 1989 be removed from the table and (2) the Planning Advisory Committee's recommendation be adopted. On motion of Councillor Coughlan Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the Planning Advisory Committee's recommendation contained in its correspondence of August 10, 1989, be taken from the table: AND FURTHER that as recommended by the City Manager, Council adopt the recommendation of the Planning Advisory Committee that (1) Council assent to one or more subdivision plans of the Paul Chase Subdivision at 881 Sand Cove Road prepared in accordance with Proposal "A" showing the widening of Keans Road, land for public purposes and municipal services easement; (2) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services; and (3) the subdivision agreement include a clause requiring the Development Officer's approval of a detailed site plan and driveway location for each dwelling: AND FURTHER that authorization be given for the subdivision agreement to provide for cost sharing outside of the subdivision in the same manner as provided for inside the subdivision for a 1,140 foot extension to the sanitary and storm sewer and 835 feet of concrete curb. Councillor Knibb noted the presence in the Council Chamber of Mr. Brian Mosher, solicitor, and Dr. Paul Chase and suggested that Council should request them to address this matter because of the number of proposals for the property in question 82-541 COMMON COUNCIL SEPTEMBER 4, 1990 and the fact that the local residents objected to the above proposal and preferred larger size lots, and that Council rejected the proposal agreed to by the residents. On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that Mr. Brian Mosher and Dr. Paul Chase be invited to address Council at this time. Question being taken, the motion was carried. Mr. Brian Mosher appeared before Council and advised that, with regard to discussion with area residents, the developer agreed to apply for a five-lot subdivision and, if unsuccessful, would subsequently request that the above proposal for a ten-lot subdivision based on the Planning Advisory Committee's recommendation be brought forward for a decision by Council and that, having discussed the matter with staff, there appears to be agreement. During discussion Councillor Landers asked if the safety factor related to traffic has been addressed to which Mr. Mosher replied in the affirmative on the basis that the City Engineering staff did a study and a report to the effect that traffic is not a problem and that the eight lots will access onto Sand Cove Road; and Councillor Rogers, with regard to Mr. Bedford's indication that he is not aware of area residents having been notified that the proposed Paul Chase subdivision was to be considered at this meeting, expressed concern that, in view of the amount of debate and discussion over the past six months in this regard, area residents were not notified or updated of the status of this matter. Question being taken, the original motion was carried with Councillors Flewwelling, Landers and Rogers voting "nay". Consideration was given to a report from the City Manager regarding the request of Thorcor Holdings Ltd. for a core area designation for its development proposal for land on Chesley Drive as it is the policy of the Province to support the central core of New Brunswick cities and towns by leasing space in the core area; noting that the Goals for Saint John identified the need to continue the emphasis on revitalization of the central business district as a key economic development goal, and the Municipal Development Plan also recognizes the importance of the central business district and contains a separate central area designation in the hierarchy of commercial designations; and advising that the Thorcor Holdings Ltd. proposal is located in an area which is designated Medium Density Residential in the Municipal Development Plan, with the portion of the site fronting on Douglas Avenue zoned "RM-1" Three-Storey Multiple Residential and the remaining portion zoned "ID" Integrated Development to implement the North End Urban Renewal Scheme, the latter envisioning a mixture of residential and commercial uses. The report also advises that the only process available to Common Council to designate lands "core area" is through an amendment to the Municipal Development Plan and that the Planning Department, while not in a position to make a final recommendation on an amendment to designate the site in question Central Area, is hesitant to offer encouragement to such a proposal based on the information available; and recommends that Thorcor Holdings Ltd. be informed that core area designation can only be considered as an amendment to the Municipal Development Plan. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the above matter be referred to the City Manager for an indepth report to Council. Question being taken, the referral motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the status report from 82-542 COMMON COUNCIL SEPTEMBER 4, 1990 the City Manager advising that, with regard to discussions with Gore & Storrie Ltd. concerning engineering services related to water quality and treatment, which was discussed at Council's last meeting, the City's preliminary budget for the provision of specialized engineering services is in line with the consultants' estimated fees and staff has indicated to Gore & Storrie Ltd. that, upon reaching a satisfactory agreement, the City wishes to proceed immediately on fluoridation of the City's water supply and that Gore & Storrie Ltd. is able to comply with the City's request to provide technical support relative to chemical and water quality parameters so that fluoridation may be properly implemented and also provide a technical review of engineering work produced by City staff who will provide civil and mechanical engineering support for the project and produce plans and contract documents; proposing a tentative schedule for implementation of fluoridation of the Loch Lomond water supply, with the Spruce Lake system requiring more detailed study for aggressiveness control which will also be part of the services provide by Gore & Storrie Ltd.; and commenting on the need for proper training for the operation and maintenance of fluoridation facilities -- be received and filed. Mr. Robichaud, in response to Council queries, commented on the submitted tentative schedule; advised that, with respect to sending City staff to Moncton to study its fluoridation system rather than have staff travel to Atlanta, Georgia for training, Moncton is probably not recognized for training purposes while the Centers for Disease Control in Atlanta are recognized for certification purposes; and estimated that the cost of consulting services in the first year at $20,000 to $30,000 which will be qualified when staff meets with the consultants following which a further report could be submitted to Council on cost details. Question being taken, the motion was carried with the Mayor and Councillors Flewwelling and Gould voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1989 Annual Report of The Power Commission of The City of Saint John be received and filed with appreciation. Messrs. W. Nase, Chairman; R. Burpee, General Manager; and N. Wittrien, Manager of Finance and Administration, were present in the Council Chamber, and Mr. Burpee explained that, in anticipation of the Federal Goods and Services Tax, the Commission reduced its rates by ten per cent so that customers would not be paying a GST on the discount, keeping in mind that the majority of customers do take advantage of the discount, and that customers who take advantage of the discount will not be paying any more as a result of this change; however, due to increased costs since the last rate increase in 1985, rates have been modified in all classifications, with the net effect being that the average residential customer will be paying approximately $2.50 per month more for power. Mr. Burpee also explained that, as a result of the GST, the Commission has had to discontinue its ten per cent discount, otherwise customers would be paying seven per cent on the 10 per cent or .7 to .8 per cent more on their power bills than those in other parts in Canada; and Councillor Coughlan asked that Council members be provided with information on previous discussions with NB Power about the possibility of liquidating or selling the City's Power Commission in view of the attractiveness of its assets, and concerning the benefit of the Power Commission to the citizens of Saint John, and the Mayor advised that there has been discussion with NB Power in the past and it was found that it is far more beneficial to the citizens to leave it just as it is today. (Councillor Fitzpatrick withdrew from the meeting during the above remarks.) Question being taken, the motion was carried. Read a letter from the City Manager submitting a Notice of Motion prepared as a first step in the permanent financing of certain capital projects, such motion, while not committing the City to any further action, placing the City in a position to take action after the expiry of 30 days at such time as bond market conditions and 82-543 COMMON COUNCIL SEPTEMBER 4, 1990 opportunities permit; and advising that, at this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued and that these will be established at a later date and will be related to the market conditions at that time. Her Worship the Mayor gave the following Notice of Motion:- "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to moved, the following resolution, namely:- RESOLVED that occasion having arisen in the public interest of the following Public Civic Works and needed Civic Improvements, that is to say: GENERAL FUND Transportation Services Sproule Road $3,127; Churchill Boulevard $15,572; Landfill Site $210,793; Operations Complex $762,584; Reinstatements $81,235; Westmorland Road $907,276; Ash Street $13,905; Ashburn Lake Road $41,856; Ashgrove Crescent $51,172; Asphalt Planing $37,888; Beaconsfield Avenue $78,760; Churchland Road $41,578; Clarendon Street $37,892; Clark Road $14,022; Cliff Street $72,574; Coster Street $16,512; Courtenay Avenue $99,388; Crackfilling $29,046; Daniel Avenue $11,556; Dever Road $$88,547; Douglas Avenue $33,654; Dresden Avenue $11,977; Duke Street West $30,739; First Street $44,339; Garden Street $23,635; Grandview Avenue $20,134; Hazen Street $39,177; Hemlock Street $11,494; Highfield Avenue $33,180; Horsfield Street $40,077; Johnston Road $21,761; Latimer Lake Road $67,483; Leinster Street $44,999; Morna Drive $3,607; Neptune Drive $3,941, Old Black River Road $87,379; Partelow Street $30,303; Pitt Street $37,531; Ragged Point Road $54,540; Richmond Street $31,301; Riley Drive $77,262; Ritchie Street $18,786; Rodney Street $42,057; Sand Cove Road $9,699; Seely Street $70,962; Sproule Road $39,809; Spruce Street $66,604; St. Andrews Street $34,898; Thomas Road $7,152; Topeka Street $74,693; Tower Street $71,753; Wilton Street $63,092; Union Street $70,194; Canterbury Street $29,638; City Road $36,867 -- $4,000,000 Protective Services Protective Services Information System $25,000; Fire Station Improvements $100,000- - $125,000 Environmental Development Greater Residential Incentive Program (GRIP) $196,000 Recreation Adelaide Street $153,767; Lancaster Arena $65,719; Rockwood Park $9,514-- $229,000 Public Transit -- $525,000 Total General Fund $5,075,000 WATER AND SEWERAGE UTILITY Water System Glen Falls $42,346; Operations Complex $461,521; Sherbrooke Street $38,888; Charlotte Street West $159,111; Manners Sutton Road $27,246; Sand Cove Road $231,153; Instrumentation $106,171; West Side Pressure Reducing Valve $14,965; Service Box Renewal $168,599; Ward Street $25,000 -- $1,275,000 Sewer System 82-544 COMMON COUNCIL SEPTEMBER 4, 1990 Kingsville Road $13,008; Operations Complex $444,632; Milford Randolph Lift Stations $74,800; Monte Cristo Sub Sewerage Treatment Plant $60,263; Instrumentation $86,260; Dever Road $304,889; Dexter Drive/Clover Court $87,513; Local Drainage $52,390; Manners Sutton Road $29,767; Daniel Avenue $41,093; Lancaster Sewerage Treatment Plant $67,709; Hazen Creek Sewerage Treatment Plant $150,035; Lakeview Drive $37,641 -- $1,450,000 Total Water and Sewerage Utility $2,725,000 Total for all purposes $7,800,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $7,800,000.". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above report from the City Manager be received and filed. (Councillor Fitzpatrick re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, Bernard J. Morrison be appointed to the position of Director of Parks at a salary of $55,646, and that section 74 of the Municipalities Act is not applicable to this appointment. Councillor Fitzpatrick expressed opposition to the above motion as he feels that Saint John residents are tired of the City hiring so many persons from outside the City, and that he considers it demoralizing to City staff to be continually overlooked for promotion. In response to Councillor Coughlan, Mr. Rodgers explained that section 74 of the Municipalities Act deals with the appointment of officers by Council with provisions for later dismissal, if necessary, for cause which requires a two thirds vote of the whole Council, and that Council can choose to make an appointment or not to make an appointment under that section and, if it does not and the matter of dismissal arises in the future, Council would not be governed by section 74 with respect to dismissal, and the Mayor added that a majority vote of Council would be required for dismissal. Councillor Landers advised her intent to oppose the above motion, particularly because she feels that the City has persons on staff who can do the job and that the City has hired persons from outside the City with the apparent expertise only to subsequently hire other persons with expertise to tell them what to do. The Mayor asked for assurance that, upon Mr. Morrison's engagement, training courses will be provided for City staff so that in the future there will be staff trained for such positions. Question being taken, the motion was carried with Councillors Fitzpatrick, Gould, Knibb and Landers voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the 1989 Annual Report of the Saint John Harbour Bridge Authority 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 82-545 COMMON COUNCIL SEPTEMBER 4, 1990 presentation regarding the submitted application of Mr. Claude F. Savoie have been completed and that the required waiting period for objections expired on August 22, with no written objections having been received. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the application of Mr. Claude F. Savoie for a Municipal Plan amendment and re-zoning of property at 1382 Hickey Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on October 15, 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 August 20, 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 (1) staff meet with Dominion Refuse, and other companies interested in providing a recycling service, and submit recommendations to Council, and that the Works Department advertise a call for proposals from the private sector to solicit interest from other companies; (2) the Works Department include in its 1991 budget sufficient funds to purchase an additional 60 home composters and the Department closely monitor and evaluate the success of the home composting program and chart a schedule for its expansion, and that the Works Department immediately distribute the 40 existing composters to interested persons on a "first-come first serve" basis, at a cost of $15.00; (3) the Works Department plan for specific bans on recyclable material at the Spruce Lake landfill, such as truck loads of corrugated cardboard, and implement same, and that, prior to implementation, commercial waste generators would be advised of where they could dispose of their waste; (4) the City of Saint John specify in its supply agreements the use of recycled material, where possible; and (5) the City continue its support for "Keep Saint John Beautiful" and its efforts toward public education in recycling. 2. That with regard to the request of the Labatt Sultans Ball Hockey Team for Council to waive the rental fee of the Lily Lake Pavilion on August 18 at which time the Team is holding a fundraising event to assist it in competing in the Canadian Ball Hockey Championships in St. John's, Newfoundland on August 28 to September 3, a grant to a maximum of $300.00 be approved, provided such group has not received additional financial assistance from the City to participate in such Championships. August 27, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb 82-546 COMMON COUNCIL SEPTEMBER 4, 1990 Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Councillor Fitzpatrick asked if the City Manager has had an opportunity to determine whether or not the Labatt Sultans Team has received any additional financial assistance from the City, to which Mr. Taylor replied that, based on a review of minutes and discussion with members of Recreation staff and the Major Tournament Committee, to his knowledge no other grants have been given to given to this group. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 3 of the above report be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from The Honourable Roland Beaulieu, Minister of Tourism, Recreation & Heritage, responding to Common Council resolution of July 23 concerning a special grant of assistance for the Digby-Saint John Ferry tourist information service provided by the City, and advising that such assistance does not, nor is it intended to, indicate continuing or expanded responsibility by the Province for such services and that any future involvement by the Province would be subject to specific consideration at that time -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Lancaster Kiwanis Golden "K" Club going on record as favouring the Environmental Consultation Committee report in general, and requesting that the Mayor and Council and the Minister of the Environment take early action on the recommendations included in the report -- be received and filed and the Club be thanked for its interest. The Mayor advised that the above matter will be dealt with at the next tri- level meeting of the three levels of government on September 17 at which The Honourable Vaughn Blaney, Minister of the Environment, and City representatives will be in attendance. Mr. Taylor advised Councillor Landers that the report is presently being reviewed through the Executive Committee process and he anticipates that a report will be submitted to Council in the near future. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Susan Wall requesting the opportunity to try one of the forty compost systems the City has in storage -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mrs. 82-547 COMMON COUNCIL SEPTEMBER 4, 1990 Wendy Robichaud advising that she has spoken to the Traffic Engineering Department and the Traffic Inspector about the parking problem on Cranston Avenue and that the only parking alternative on First Street cannot possibly hold the volume of vehicles, especially in the winter; and submitting a petition from area residents requesting to have at least one side of Cranston Avenue available for parking between Rockland Road and Second Street -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the 1990 New Brunswick Western Heritage Team requesting assistance with respect to its participation in the 5th Annual Eastern Canadian Heritage Championships to be held in Quebec City on August 31-September 2 -- be received and filed. The initial motion was to lend the above group a City flag and provide it with City pins and brochures subsequent to which Mr. Taylor suggested that this matter should be referred to staff to determine what the group expects in the way of sponsorship; and, in view of the observation that the Championships have already occurred, the Mayor called for a motion to receive and file the above letter. Question being taken, the motion was carried. Consideration was given to two notices from the Liquor Licensing Board, one regarding an application for a license for premises at 204 King Street, the other an application for a license regarding premises at 144 Union Street. It was noted that Council is to consider at this meeting a letter from Mr. Ronald L. Galbraith concerning the 204 King Street application. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of M.B.M. Club Ltd. for a beverage room and entertainment license for premises at 204 King Street will be held on September 6 -- be received and filed. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Gene's Country Palace Ltd. for a lounge and entertainment license for premises at 144 Union Street will be held on September 6 -- be received and filed. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from a group of concerned business people expressing support to the proposed Deans Hill development -- be received and filed. Question being taken, the motion was carried. 82-548 COMMON COUNCIL SEPTEMBER 4, 1990 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mr. Ronald L. Galbraith submitting a copy of his letter to the Liquor Licensing Board objecting to the issuance of a beverage room and entertainment license to M.B.M. Club Ltd., Sam's Pub, at 204 King Street West; explaining his reasons for objecting, and requesting Council's efforts in preventing the issuance of the license -- be immediately referred to the Liquor Licensing Board and to the Police Department. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk