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1990-12-17_Minutes 82-693 COMMON COUNCIL DECEMBER 17,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of December, AD. 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent - 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 Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; 1. Totten, Deputy Commissioner of Finance; S. Bedford, Director of Community Planning; S. Armstrong, Director of Engineering; W. D. Todd, Director of Housing and Property Management; W. Butler, Director of Water and Sewerage Services; M. Murray, Director of Works Operations; D. Sherwood, Chief of Police; A Martin, Assistant Deputy Chief of Police; R. Johnston, Deputy Fire Chief; M. Hanlon, Purchasing Agent; B. Belyea, Budget Officer; R. Russell, Superintendent of Parks; 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 M. Vincent RESOLVED that minutes of the meeting of Common Council, held on December 10, 1990, be approved. Question being taken, the motion was carried. Her Worship the Mayor advised that Family Services of Saint John Inc. is holding an open house on December 21 for Hilda Powell, who has worked with Family Services for 47 years. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the Common Council of the City of Saint John express appreciation to Hilda Powell for her many years of service to the City of Saint John with Family Services of Saint John Inc. (Councillor Flewwelling entered the meeting.) Question being taken, the motion was carried. The Mayor called for a motion to add to the agenda of this meeting two items which were considered in Committee of the Whole earlier this date as follows:- (1) Nominating Committee recommendations; and (2) a collective agreement for holiday-relief firefighters. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the above-mentioned items be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. 82-694 COMMON COUNCIL DECEMBER 17,1990 Councillor Knibb asked that section 4 of the December 10 Committee of the Whole report regarding 1313 Sandy Point Road and the letter from Mr. Trevor Morris requesting to express his views regarding this property be withdrawn from the agenda of this meeting for discussion in Committee of the Whole. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the above mentioned items be referred for consideration in Committee of the Whole. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Don Lordon of the Christmas Families Campaign which began in 1980 when National Harbours Board employees decided to collect for a needy family rather than exchange gifts; advising that the Saint John Port Development Commission last year donated $1,000 to this Campaign; and asking Council's consideration of Mr. Lordon's request that the Saint John Harbour Development Commission consider carrying on this Christmas tradition -- be received and filed and Council respectfully request the Saint John Harbour Development Commission to allocate an appropriate sum of money to the Christmas Families Campaign. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne advising that it has been brought to her attention that some of the businesses in the uptown core are still having parking problems on Charlotte Street, with the request being that, if possible, the loading zone near Jack Calps Store be designated for loading and unloading until 1 0 a.m. after which time, with meters installed, there could be 30-minute parking; and asking that this matter be referred to the City Manager and appropriate staff for review and a report to Council within two weeks -- be referred to the City Manager for a report to Council. Mr. Taylor advised that staff has discussed the above matter with the Parking Commission which is reviewing the situation. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the Nominating Committee, (1) F. Dennis Boyle, Sr. and J. Ladds Batten be re-appointed to the Saint John Harbour BridQe Authority for a three-year term, effective January 1, 1991; (2) Councillor Rogers be appointed to the Board of Directors of Hospitality Saint John Inc.; and (3) Cyril E. Pringle be appointed to the Board of Police Commissioners for a term of three years. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following invoice, namely:- Standard PavinQ Supply of asphalt PavinQ Limited November 21-26, 1990 $50,254.85 82-695 COMMON COUNCIL DECEMBER 17,1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 90-12 - ChipsealinQ 1990 Atlantic Colas Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated December 11, 1990 Final holdback release 2. Contract 90-6 - Water & Sewer Renewal Charlotte Street & Ludlow Street Galbraith Construction Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 3, dated December 12, 1990 Partial holdback release $ 92,957.00 88,802.60 Nil 75,482.21 $ 13,320.39 $234,114.00 229,997.52 3,000.00 172,584.31 $ 54,413.21 Question being taken, the motion was carried. Read a report from the City Manager advising that, of the four companies which responded to the tender for the supply of an automobile, the low tender submitted by Brunswick Chrysler Plymouth, in the amount of $18,511, was found to be deficient in that the engine and wheel base were smaller than specified, and recommending acceptance of the second lowest tender. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the tender of Lorne Brett Chev-Olds Ltd., in the amount of $20,124, plus tax, be accepted for the supply of an automobile to replace the 1985 Ford assigned to the City Manager. Mr. Hanlon explained that one of the reasons for recommending purchase of the above vehicle at this time is so that it can be charged to the 1990 operating budget, and Mr. Wilson commented on the purchase from the point of view of the possible effect the Goods and Services Tax might have on the cost of the vehicle in response to a concern that the purchase of this 1991 automobile after January 1, 1991 could be less than the amount tendered. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising the necessity to amend Common Council resolution of December 3, 1990 approving the acquisition from Mr. John Beal of a property at 60 Station Street, as it has been brought to the City's attention that the address should be 46 Station Street, and submitting a recommendation in this regard. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, Common Council resolution of December 3, 1990, concerning the 82-696 COMMON COUNCIL DECEMBER 17,1990 purchase of the Beal property on Station Street, be amended by changing "the property at 60 Station Street" to read "the property at 46 Station Street identified as L.RI.S. Number 40014". Question being taken, the motion was carried. Read a letter from the City Manager advising the necessity to amend Common Council resolution of October 1, 1990 authorizing the sale of land on the corner of Chesley Drive and Bentley Street to Brunswick Data Inc., for the reason that negotiations for acquisition of the right of way have been completed, subsequent to Common Council resolution of November 13, 1990 which approved an amendment to a Section 39 re-zoning to permit development of an office building that included a requirement for negotiation of a right of way over a portion of the property; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, Common Council resolution of October 1, 1990, concerning the sale of land to Brunswick Data Inc., be amended by changing the following conditions:- (1) the sale price to be $115,000, payable at closing; (5) transfer of title will take place on or before December 31, 1990; and (9) the purchaser agrees a 14 meter x 16.5 meter right of way will be retained along the northern side of the property to provide access to the adjoining property identified as part of L. RI.S. Numbers 426155 and 369223 provided, however, that the City as owner for the time being of the adjacent lot and its successors and assigns shall be responsible for its equal share of all maintenance, snow removal, repairs etc. costs relating to the said easement once the adjoining land is developed. Mr. Todd explained that, although the original sale price agreed to was $117,000, one of the conditions added by the Planning Advisory Committee during its recent consideration of this matter was that the owner would negotiate a right of way with the City over the adjacent property. (Councillor Rogers entered the meeting.) Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a summary of Mr. Peter Pappas' application for Housing Through Infill Development funding relative to a project at 269 Princess Street; advising that initial review of the plans by staff has indicated a need for some modifications which will be requested as part of the application process; and recommending approval of H.I.D. funding estimated at $19,200. On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Housing Through Infill Development funding estimated at $19,200 be approved in favour of Mr. Peter Pappas relative to the construction of two semi- detached housing units at 269 Princess Street, subject to submission of plans acceptable to the Director of Housing and Property Management. Question being taken, the motion was carried. Consideration was given to a report from the City Manager submitting a summary of Manford Thompson Construction Company Ltd.'s application for Housing Through Infill Development funding relative to a project at 182-184 Duke Street South, which involves the demolition of existing garages on the property and construction of three townhouse units available for sale; advising that initial review of the plans by staff has indicated a need for some modifications which will be requested as part of the application process; and recommending approval of H.I.D. funding estimated at $32,805. 82-697 COMMON COUNCIL DECEMBER 17,1990 On motion of Councillor Fitzpatrick Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, Housing Through Infill Development funding estimated at $32,805 be approved in favour of Manford Thompson Construction Company Ltd. relative to the construction of three townhouse units at 182-184 Duke Street South, subject to submission of plans acceptable to the Director of Housing and Property Management. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that staff has been reviewing complaints about conditions on Clarendon Street in the North End where alternate side parking has not worked well due to the constant need for enforcement on a nightly basis and to the narrow width of this Street; also advising that staff, having had an opportunity last winter to observe the situation on Clarendon Street under some of the worst winter conditions, has reached the conclusion that improvements are required, and that there is general agreement among staff in the Fire, Police and Works Departments that existing conditions impede access for emergency and maintenance equipment and that the proposed one-side parking restriction will improve conditions; and recommending that first and second readings be given to the proposed Traffic By-Law amendment and that the amendment be referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the report from the City Manager advising that, due to the recent undertaking of an expansion of the Bon Accord Subdivision off Loch Lomond Road which doubles the length of Bon Accord Drive and significantly increases single-family residential units north of Inverness Place, there has been a proportionate increase in traffic within the subdivision and many residents have become concerned over the practice of parking on both sides of Bon Accord Drive and are requesting that parking be limited to one side of the street; explaining why staff proposes a parking restriction on the west side of Bon Accord Drive, with the suggestion that it may be necessary to eliminate all parking within the 82-698 COMMON COUNCIL DECEMBER 17,1990 lower portion of the street in the future if the subdivision continues to expand and if Bon Accord Drive remains as the only access route; and recommending that the proposed Traffic By-Law amendment be given first and second readings and referred to the Legal Department for appropriate action -- be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. During discussion it was suggested that the City's standard as it relates to the width of streets should be reviewed if parking is to be allowed in view of possible future problems of the above nature. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". Her Worship the Mayor welcomed to the Council Chamber Father George Riley of St. Rose Roman Catholic Church who, at the Mayor's invitation, offered a prayer at this time. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the status report from the City Manager on the current situation of the McNulty sand and gravel extraction from the beach at the Fort Dufferin site; advising that Geologist J. Thibault of the Department of Natural Resources, who monitors the situation, advised that (1) the license will continue until December 1991; (2) the term of the license will not be extended; (3) the operations at the Fort Dufferin and Sea Street sites do not appear to be excessive; and (4) the operator appears to be operating within the terms of the license, although direction has been given to the operator to ensure that extraction occurs at the proper locations; and concluding that in 1991 and 1992 staff will have to be vigilant to ensure that this site is rehabilitated in accordance with Section 880 of the Zoning By-Law -- be received and filed. Mr. Brown responded to Council queries regarding the Provincial monitoring of the above site and what follow-up the City could do to ensure that the operations are not excessive and that the operator is operating within the terms of the license, as well as the form of security held by the City should rehabilitation of the area within the City's jurisdiction be required. Question being taken, the motion was carried. Read a letter from the City Manager regarding the request for an easement for an encroachment on Ridge Street of the Bourque building at 209 Westmorland Road, which was tabled at Council's last meeting, clarifying that the property is situate on the corner of Westmorland Road and Ridge Street, and 82-699 COMMON COUNCIL DECEMBER 17,1990 recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Edwin and Pamela Bourque to permit the encroachment of their building upon Ridge Street, such easement to terminate with the destruction or removal of the encroachment. Mr. Taylor confirmed that a map is available indicating the location of the above encroachment, although because of copyrights it could not be photocopied for Council, and that the encroachment involves approximately .55 metres of the corner of the Bourques' building upon Ridge Road. Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising of a request from Mr. Ralph Poley, solicitor for Mr. and Mrs. Harold Simister, for an easement permitting the encroachment of his clients' dwelling upon Lancaster Avenue, and recommending adoption of the submitted resolution in this regard. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Mayor and Common Clerk be authorized in consideration of the payment of one dollar ($1.00) to execute a grant of easement in favour of Mr. and Mrs. Harold Simister to permit the encroachment of the northeast corner of their dwelling upon Lancaster Avenue, such easement to terminate with the destruction or removal of such encroachment. Mr. Taylor advised that the above encroachment involves approximately .33 metres upon Lancaster Avenue and that, although a set of stairs also encroaches, such encroachment is not included in the above motion and that, if and when the property is required by the City, the stairs will be removed. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the submitted proposed 1991 Operating Budget adheres to the principles of (1) providing additional funding to continue the implementation of the Goals for Saint John; (2) providing additional funding in various departmental budgets in recognition that adequate funding has not been provided in the past; (3) being sensitive to the City's objective of having a stable tax rate; and (4) being viewed in the context of a four to five year timeframe so as to not unduly burden future years; and also advising that the City's 1991 expenditures will be 8.1 % higher than in 1990, the majority of which is related to inflation in wages and goods and services, as well as additional funds to achieve the Goals for Saint John and to properly fund certain aspects of the City's operation, and that, on the revenue side, Unconditional Grant funding is $29,917,420, which is up 3.1 % representing an increase of $892,503 from 1990, the City's tax base has increased by 11.4% which represents the largest increase in many years, and the City's non-tax revenue is up by 6.9% over 1990 which is the net result of a number of variations, including an expected increase in rental revenue from the City Market due to new lease arrangements, as well as an anticipated 4.8% increase in building permits and a $75,000 or 17% increase in revenue from the sanitary landfill site. The report further advises that approximately $750,000 of new expenditures is related to the Goals for Saint John for the following new initiatives: (1) related to environment, additional funding has been provided to be used toward the beautification of the City with continued financial support for the Keep Saint John Beautiful Program, for grass cutting and tree maintenance, as well for as a program of $20,000 for attractive landscaping at major interchanges leading into the City and hanging baskets on Prince William Street, along with three additional positions in Engineering to properly plan for upgrading the infrastructure of roads, streets, sidewalks, watermains and wastewater treatment facilities; (2) with regard to economic development, a provision of $10,000 has been 82-700 COMMON COUNCIL DECEMBER 17,1990 made to undertake an Upper Floor Study as a first step in stimulating development of upper floors in the downtown area, funding is provided to undertake an uptown strategy in conjunction with the Central Business Development Corporation and, related to tourism, $80,000 has been provided for a Development and Marketing Study, with extra funding having been allocated for the promotion of the City Market and $10,000 for a visiting "Friends and Relatives" program, as well as a contribution of $25,000 to the International Gathering of the Irish, an increase in the Cherry Brook Zoo's budget from $105,000 to $146,000, and a pledge of $75,000 to the 1991 Festival By The Sea of which $25,000 will be charged to 1990, and further that $25,000 has been provided for a promotional video and an Industrial Park Development to assist the Economic Development Department in selling the City; (3) in the area of social development, the Police Commission has received $80,000 to undertake a feasibility study that could lead to a Community Policing Program, with funding of $15,000 to be used to improve efficiency in the Family Violence Protection Unit, and $130,000 allocated for new cars in the detective division, surveillance equipment and more training for Police personnel in order to enhance the crime investigation capability of the Force; and (4) with respect to City Hall/Community Involvement, the additional personnel added to the Engineering Department is necessary to properly develop a five-year capital program as suggested in the Goals for Saint John, and a new position in Human Resources will assist in hiring and development of the work force, with funds having been added to provide more training for managers and outside workers. The report explains that, in order for a number of departments to meet operational demands, it was necessary to provide increases in excess of inflation, with the Police Commission having been given an additional $160,000 to cover overtime, the Supply and Services Department having been provided with an additional $125,000 for repair parts and outside services, the Property Management Department requiring a further $56,000 for fuel, electricity and property taxes on City-owned buildings, and a number of budgets required extra funding for first-time service contracts on computer hardware and software; also explains that, with regard to the long-term debt retirement plan proposed in 1985 which would see the City eventually eliminate its need to finance capital projects by issuing bonds hopefully by the mid-1990s, a number of factors during the past six years has resulted in the plan being deferred to the point where it is now unrealistic to predict a year when the City will stop issuing bonds, with three reasons for this deferral being the freezing of the Unconditional Grant for two consecutive years, the City's need to undertake larger capital programs to maintain its infrastructure, and the recently- announced commitments to the regional exhibition centre and Imperial Theatre, and that the 1991 Operating Budget includes $2,300,00 for the one-time write-off of Capital projects; and recommends that the Budget, Warrant and Tax Rate, as covered in the submitted resolutions, be adopted. On motion of Councillor Flewwelling Seconded by Councillor Coughlan RESOLVED that the amount of $90,460,701 be adopted as the estimate required for the operation of The City of Saint John for the year 1991 as follows:- General Government Protective Services Transportation Services Environmental Health Services Environmental Development Services Recreation & Cultural Services Fiscal Services $ 6,724,667 30,967,480 21,514,023 1,850,222 8,061,602 8,640,476 $12,702,231 $90,460,701 - a more detailed breakdown of the above estimate is attached and forms a part of these minutes. Mr. Taylor highlighted the above report and Mr. Wilson responded to Council queries concerning the Provincial Unconditional Grant to municipalities and the percentage paid for debt charges and, with regard to the amount of the City's debt and the cost of printing the budget pamphlet, advised that such amounts are approximately $32 million in the General Fund and $1,700 respectively. 82-701 COMMON COUNCIL DECEMBER 17,1990 Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the amount of $7,922,941 be adopted as the estimate for Non-Tax Revenue for the year 1991, a more detailed breakdown of this estimate is attached and forms a part of these minutes. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the Provincial Unconditional Grant of $29,917,420 be incorporated into the 1991 budget. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the estimate required to be raised by levy on real property assessment liable to taxation under the Assessment Act within the City for the year 1991 be adopted in the amount of $52,620,340. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the rate at which the amounts comprising the above estimates is to be levied be fixed at $1.58 on each $100 valuation of all such real property liable to taxation under the Assessment Act within the Municipality of The City of Saint John. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the submitted proposed 1991 Budget of the Water and Sewerage Utility is based on increasing the rate for water and sewerage services to a single-family unit from $264 to $284 per year or from $66 per quarter to $71 per quarter, and also contemplates the continuation of the incentive program for early payment, with citizens able to choose paying $240 per unit prior to March 31, 1991 and receive water and sewerage services for the year which represents a reduced fee to the citizen of $44 per unit and, with regard to metered customers, the budget is based on a 7% across-the-board increase on all consumption block rates as well as to the basic service charge, with no significant changes reflected in the revenues received from special contract customers, although staff will report to Council the effect on operating results of the Utility of any agreements negotiated with these customers; and also advising that the budget reflects an increase in operating expenses from $9,054,100 to $9,941,517, or 9.5%, as a result of a number of factors, including the Goods and Services Tax, proceeding with fluoridating the water from the Loch Lomond supply which has been increased from $40,000 in the 1990 budget to $120,000 to provide the necessary operating supplies to ensure this project becomes a reality, watershed management, improved facility management, a rate study to assist in establishing fair and equitable rates to ensure that proper allocations are being made, inflationary increases related to the general rise in prices paid for goods and services along with wage settlements yet to be negotiated with Local No. 18, and fiscal services of $6,763,105 or $504,798 more than the 1990 figure due largely to the decision to write off almost $400,00 of capital work to be done in 1991 against next year's operations; and recommending that Council adopt the submitted resolutions. On motion of Councillor Knibb 82-702 COMMON COUNCIL DECEMBER 17,1990 Seconded by Councillor Flewwelling RESOLVED that the estimate of revenue for the Water and Sewerage Utility for the year 1991 in the amount of $16,704,622 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. (Councillor M. Vincent withdrew from the meeting.) Mr. Butler confirmed that the City is undertaking to implement various phases of the watershed management plan presented to Council by the UNB Forestry Class, having engaged on a temporary basis a forester, with thinning and selective cutting of trees, as well as planting approximately 5,000 Red Pine trees having been carried out in 1990, and the planting and thinning to be stepped up in 1991; and Mr. Wilson advised that approximately 40% to 45%, or 7,800 flat rate customers, took advantage of the incentive program for early payment in 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 1991 in the amount of $16,704,622 be adopted, a more detailed breakdown of the said estimate is attached and forms a part of these minutes. (Councillor M. Vincent re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Water & Sewerage". On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the Commissioner of Finance be given authority to disburse funds, the timing of which to be at his discretion, to the following organizations:- SPECIFIED GRANTS Victorian Order of Nurses Seafarer's Mission Salvation Army $ 2,400 2,400 1,600 82-703 COMMON COUNCIL DECEMBER 17,1990 Family Services Saint John Human Development Council Volunteer Centre Saint John Learning Exchange N.B. Museum YMIYWCA Saint John Boys & Girls Club 91,500 N.B. Historical Society Saint John Symphony Fundy Region Development Commission 35,000 Saint John Sports Hall of Fame Senior Citizens Transit Subsidy 50,000 Non-Profit Organizations/Rental Subsidies Senior Citizens - Rental Subsidy Senior Citizens Home - Tax Subsidy Major Tournament Committee Festival By The Sea Cherry Brook Zoo Animal Rescue League Aitken Bicentennial Exhibition Centre Horticultural Association Loyalist Days Inc. Saint John Swim Club Saint John Diving Club Recreation Associations - Various Saint John River Boat Classic 9,600 43,590 3,200 5,000 25,020 65,500 1,000 7,500 8,000 38,100 9,500 25,000 45,000 50,000 146,250 170,000 220,000 85,000 50,000 5,000 3,500 7,500 500 $1,206,660 ESTIMATED OPERATING DEFICITS Lord Beaverbrook Rink Saint John Free Public Library 256,974 Saint John Transit Commission 1,915,000 The Market Square Corporation Saint John Trade & Convention Centre Canada Games Aquatic Centre Saint John Ambulance Service $ 113,528 197,200 392,000 631,600 242,000 $3,748,302 Question being taken, the motion was carried. Consideration was given to a letter from the City Manager advising that this year, as in the past, the Operating Budget of the Fire Department includes an amount of $100,000 to be transferred to the Equipment Replacement Fund which is set aside for the sole purpose of acquiring fire apparatus; also advising that, while payment from the General Fund to the Reserve Fund is provided for under article 9(5) of the Municipalities Act and Council has approved the budget for 1990 and 1991 and therefore the transfer to the Equipment Replacement Fund, the Province requires that a copy of the By-Law actually be submitted with the annual financial statements; and recommending that Council adopt the submitted By-Law with respect to payment of funds into the Equipment Replacement Fund. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number M 106-1 A By-Law To Provide For The Payment Of Funds Into The Equipment Replacement Fund", be read a first time. Question being taken, the motion was carried. 82-704 COMMON COUNCIL DECEMBER 17,1990 Read a first time the by-law entitled, "By-Law Number M 106-1 A By-Law To Provide For The Payment Of Funds Into The Equipment Replacement Fund" On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number M 106-1 A By-Law To Provide For The Payment Of Funds Into The Equipment Replacement Fund", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "By-Law Number M 106-1 A By- Law To Provide For The Payment Of Funds Into The Equipment Replacement Fund". On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted collective agreement with Saint John Firefighters' Association, Local Union No. 771, I.AF.F., on behalf of holiday-relief firefighters, subject to approval by the City Solicitor as to legality and form. Mr. Groody commented on the certification and training program for holiday-relief firefighters whereby they proceed through various levels until they become journeymen firefighters which should eventually result in them all becoming journeymen firefighters before becoming members of the permanent establishment of the Fire Department; and explained that it was the desire of the City's negotiating committee that the above agreement be effective only until the end of December 1990 on the basis that future changes for the wages of these employees should follow changes for employees of the other groups. Question being taken, the motion was carried. Read a letter from the City Solicitor submitting for Council's consideration of third reading a proposed Taxi By-Law amendment with respect to maximum fares within the various zones and also the maximum fares for travelling from one zone to another zone, which was given first and second readings on December 10. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", with respect to zones and fares, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting The Regulating And Licensing Of Owners And Operators Of Taxicabs In The City Of Saint John", was read in its entirety. Councillor Landers advised her intent to oppose the above motion on the basis that persons who will be affected the most by the rate increase are those on fixed income. Question being taken, the motion was carried with Councillor Landers voting "nay". Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of MacKnight Motors Limited have been completed, and that the required waiting period for objections expired on December 13, 1990, with no written objections having been received. 82-705 COMMON COUNCIL DECEMBER 17,1990 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of MacKnight Motors Limited for a Municipal Plan amendment and re-zoning of 551, 565 and 567 Rothesay Avenue 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 February 18, 1990. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "By- Law Number B-102-1 A Law To Amend The Business Improvement Area By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-102-1 A Law To Amend The Business Improvement Area By-Law", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "By-Law Number B-114-2 A Law To Amend The Business Improvement Levy By-Law", be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number B-114-2 A Law To Amend The Business Improvement Levy By-Law", was read in its entirety. Question being taken, the motion was carried. Consideration was given to a letter from The Saint John Loan Company Limited requesting that its application for an amendment to the Section 39 re-zoning of 9 Somerset Street, which was tabled at the public hearing of December 10, be brought before Council at this meeting for action. Consideration was also given to the previous letter from the Planning Advisory Committee, which was considered at the December 10 public hearing, recommending that Common Council resolution of September 14, 1987 pursuant to Section 39 of the Community Planning Act, with regard to the re-zoning of 9 Somerset Street, be amended to read as follows:- (1) the development be limited to a two- or three-storey building having a ground floor office area of up to 465 square metres (5,000 square feet) and an equal or greater area for apartments on the upper floor(s) similar to the conceptual plans submitted and dated October 30, 1990; and (2) the applicant prepare detailed plans which would be approved by the Director of Planning prior to any development indicating, among other things, the proposed site grading, the proposed on-site drainage system, the proposed building location and exterior elevations, the proposed paved parking areas and concrete curbing, and the landscape materials proposed for those areas not occupied by a building or parking area. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Common Council resolution of September 14, 1987 pursuant to Section 39 of the Community Planning Act, with regard to the re-zoning of 9 Somerset Street, be amended to read as follows:- (1) the development be limited to a two- or three-storey building having a ground floor office area of up to 465 square metres (5,000 square feet) and an equal or greater area for apartments on the upper floor(s) similar to the conceptual plans submitted and dated October 30, 1990; and (2) the applicant prepare detailed plans which would be approved by the Director of Planning prior to any development indicating, among other things, the proposed site 82-706 COMMON COUNCIL DECEMBER 17,1990 grading, the proposed on-site drainage system, the proposed building location and exterior elevations, the proposed paved parking areas and concrete curbing, and the landscape materials proposed for those areas not occupied by a building or parking area. The Mayor asked if the above matter should be tabled pending the scheduled presentation of The Saint John Loan Company Limited in Committee of the Whole later this date to which Mr. Bedford replied that the matter in Committee of the Whole deals with the purchase and sale agreement between the City and the applicant, while the above is a re-zoning matter. Question being taken, the motion was carried. The Mayor advised that the City Manager has asked Council's consideration of a resolution appointing Mr. Charles Robichaud as Acting City Manager for the period December 20 to December 28, while the City Manager is out of the City. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the above matter be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that Mr. Charles Robichaud be appointed as Acting City Manager for the period December 20 to December 28, 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 December 10, 1990, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Council approve a one-time grant of $2,500 to the Cruise Saint John Committee for 1991 cruise ship activities, and that funding of this grant be from the Saint John Harbour Commission's related promotion budget. 2. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the necessary documents in regard to the funding for the Saint John Harbour/Wastewater Study. 3. That as recommended by the City Manager, the 1991 Establishment of the City of Saint John be adopted. 4. That as recommended by the City Manager, Council not authorize the purchase of 1313 Sandy Point Road at this time. December 17, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 82-707 COMMON COUNCIL DECEMBER 17,1990 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. The Mayor asked if it is the intent to deal with the Saint John Board of Police Commissioners' letter recommending approval of the Police establishment, which is included on the Committee of the Whole agenda of this date, for consideration with section 3 of the above report. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that section 3 of the above report be adopted: AND FURTHER that as recommended by the Saint John Board of Police Commissioners, Council approve the 1991 Establishment of the Saint John Police Force as follows:- 219 permanent positions, comprising 191 police officers and 28 civilians. The Mayor suggested that, although the City Manager's recommendation includes the deletion of the position of Deputy City Manager which is a Council appointment, this position should remain in the Establishment as there may be a need for it at a later date, to which Mr. Taylor replied that, based on the review and the persons involved, it is his opinion that the duties that were performed in the Deputy City Manager's position can be handled by the present City Manager as well as the Assistant City Managers and Commissioners and added that, at this point, he does not see that the position is needed. Councillor Rogers expressed concern that, from 1985 to 1989, 30 new positions were added to the establishment and 5 positions were deleted, leaving a net increase of 25 positions with a total net cost to the City of $809,920, and that Council is now being asked to approve 5 additional positions, and also because, to date, no status report has been submitted to a letter submitted to Council in March 1990 by Councillors Rogers and Coughlan concerning a study to evaluate the staff structure of the City. The Mayor expressed the opinion that the City did not function properly in previous years without the proper staff and that, with the inclusion of the additional personnel in the budget, the City has been able to operate efficiently, including maintaining a stable tax rate, although senior staff members cannot continue to work in the manner in which they have been and additional staff is needed to perform the work; whereupon Councillor Rogers made the observation that, while it is possible that a staff review might indicate the need for additional staff, as an elected official she wants reassurance of either adequate or inadequate staffing. Mr. Taylor confirmed that City staff works extremely hard and many long hours, including late night and weekend work because everyone wants to do a good job for the City of Saint John and that, while there is no question that people are working to the limit, such is dealt with internally and, when there is a concern or a major problem, obviously it will be brought forward; and advised that, with regard to Council's direction concerning a staff audit, work is being carried out in this regard with a report and a plan expected to be submitted to Council early in 1991. Question being taken, the motion was carried. 82-708 COMMON COUNCIL DECEMBER 17,1990 On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the report from the Saint John Parking Commission advising that, during the successful operation over the past three years of the Residential Parking Permit Program, Commission staff has become aware of certain limitations in the legislation which prohibited some residents from participating in the program; for example, some residents in the uptown area whose dwelling unit fronted on a street where parking is regulated by parking meters were unable to apply for a parking permit on a street which is adjacent or parallel to the street on which they live, and also the issuance of a permit to any resident in a building containing more than four dwelling units was prohibited; and recommending that first and second readings be given to the proposed Traffic By-Law amendment to eliminate such restrictions, and that Council refer the matter to the Legal Department for appropriate action --be received and filed and the recommendation adopted: AND FURTHER that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto", be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John Made Under The Authority Of The Motor Vehicle Act, 1973, And Amendments Thereto". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Mr. Louis E. Murphy, MLA - Saint John Harbour, asking that Council consider renewing the badly-dilapidated guard rail on Milford Road opposite from the Pulp Mill and just before reaching the intersection of Milford Road and Williams Street -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the letter from Mrs. Alison V. Hart expressing concern about lack of signage in the area of the school crosswalks on Union Street at the approaches to St. Joseph's and Prince Charles Schools; asking who is responsible for training, monitoring and payment of crossing guards; and asking for Council's positive action in this regard -- be referred to the City Manager, the Chief of Police and the District 20 Board of School Trustees. Chief Sherwood advised that crosswalk guards at school intersections are assigned through the Police Force in conjunction with the Corps of Commissionaires and primarily involves the Traffic Branch. 82-709 COMMON COUNCIL DECEMBER 17,1990 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from New Brunswick Crafts Council Inc. asking if the City could make a contribution to BIENNALE 91, a juried craft exhibition scheduled to open in June 1991 -- be referred to Committee of the Whole. Mr. Taylor advised that the above group is requesting a donation in an amount of $1,000, either in the form of a direct cash grant or a prize to be awarded to an artisan. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the New Brunswick Branch of The United Empire Loyalists' Association of Canada noting Council's recent interest in restoring the Loyalist Burial Ground; advising that the Society has been appraising the situation of the cemetery lately and is presently contacting other associations, which may be interested in improving the grounds and preserving the stones, to suggest the formation of a committee; and suggesting that such a committee might be much more effective if one or two representatives of the City, as well as of each interested society, constitute its members -- be received and filed with appreciation and referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Mr. Donald Chamberlain, on behalf of residents of Charles Street, submitting letters from Mr. Joseph Perry and M. Zita McAskill, as well as a copy of a letter to Mr. Chamberlain from Mr. C. Robichaud, Assistant City Manager of Operations, explaining why the residents' request for the extension of sewerage service was denied; explaining why the residents disagree with Mr. Robichaud's reasons; and requesting that City sewerage extension on the lower end of Charles Street be placed in the budget for 1991 -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Palmer, O'Connell, Leger, Roderick, Glennie, solicitors for the developer of The Mercantile Centre on Union Street, suggesting that, having been advised that the George Street closing will not be finalized until sometime in early January, it would be appropriate to extend the closing date with respect to the lands optioned pursuant to the agreement dated June 22, 1990 between the City of Saint John and RGL Properties Inc. to Friday, January 25, 1991 -- be received and filed and the closing date be extended to on or before April 25, 1991. Mr. Rodgers advised that, although he has been unable to contact Mr. Glennie, because the above matter involves the closing of George Street and subsequent possible re-zoning, the closing date for the exercising of the option should be changed to on or before April 25, 1991 to provide a period of time sufficient for, if necessary, public hearings to be held. 82-710 COMMON COUNCIL DECEMBER 17,1990 Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk