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1990-12-27_Minutes 82-710 COMMON COUNCIL DECEMBER 27,1990 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-seventh day of December, A.D. 1990, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers and M. Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; 1. Totten, Deputy Commissioner of Finance; S. Bedford, Director of Community Planning; S. Galbraith, Director of Supply and Services; B. Thompson, Deputy Chief of Police, D. O'Leary, Director of Economic Development; J. C. MacKinnon, Commissioner of Environment & Infrastructure Services; B. Steeves, Deputy Building Inspector; Mrs. M. Munford, Common Clerk; and L. Linton, Secretary. Reverend Larry Collins, Pastor of the Church of the Nazarene, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that minutes of the meeting of Common Council, held on December 17, 1990, be approved. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Knibb RESOLVED that the letter from Councillor Rogers regarding the Rockwood Park Pavilion be withdrawn from the agenda, and that an item considered earlier this date in Committee of the Whole regarding property at 9 Somerset Street owned by the Saint John Loan Company be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne submitting a letter from the Saint John Board of Trade advising that it wishes to confirm its proposal that the City of Saint John and Board of Trade undertake a joint community promotion campaign in the coming year, and that the Board will undertake a fund-raising drive to raise $50,000 from the business community and would ask that the City commit $50,000 to this campaign, which the Board believes can begin to cultivate a positive change in the attitude of all the citizens in the community -- be referred to the City Manager for a recommendation. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the Federation of Canadian Municipalities advising that FCM and the Minister of Finance reached an agreement on the three conditions set out by FCM for final acceptance of the proposed 57.41 % rebate of municipal GST costs and that the key elements of the agreement include (a) an effective rate of 3% GST on 82-711 COMMON COUNCIL DECEMBER 27,1990 municipal purchases (or a rebate of 57.14% of all GST paid); (b) a broad definition of municipality for purposes of the rebate which will include most special purpose bodies created to perform municipal functions; (c) exemption from GST of most inter- and intra-municipal transfers; and (d) a streamlined accounting system designed for small municipalities which will greatly reduce the administrative burden of implementing this complex tax -- be received and filed. Responding to a query from Councillor Rogers as to what happened to the philosophy that municipalities would not pay more, Mr. Totten advised that there are a number of types expenditures incurred by a municipality and when FCM was dealing with this issue it was recognized a number of expenditures would attract GST but at the same time a number of products were previously subject to federal sales tax and if one were to take a global view of all of the expenditures that a municipalities would incur the percentage rebate of 57%, when compared to the previous expenditures which included FST, that all of those things would equal out and municipalities would not fare any worse. Councillor Knibb referred to the definition of "municipality" would include special purpose bodies and Saint John Transit is exempt from GST on the bus fares and questioned the status of the Aquatic Centre. The Mayor referred to the fact that the status of Civic Hydro is unique as it is not part of N.B. Power and suggested that attention should given to this matter. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from The Association of Kin Clubs requesting the City to place a "Message-of-Support" in its special issue of KIN Magazine -- be received and filed and a "Message-of-Support" be approved. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne submitting a letter from the Fundy Region Development Commission Inc. requesting a 4% increase in municipal contributions to support implementation of their new 5-year work plan -- be referred to the City Manager. Responding to a query from Deputy Mayor Gould, Mr. O'Leary advised that the grant has been $35,000 for several years. Councillor Coughlan suggested the Commission be invited to address Council on what benefit the City receives from the Commission. The Mayor suggested that Mr. O'Leary could arrange for a briefing in the near future. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a letter from Mr. Troy Harnish regarding the taxi industry -- be referred to the City Manager, the Chief of Police and the Taxi Inspector. Councillor Rogers expressed concern with respect to an increase in taxi fares of up to 50% and noted that it was her understanding this would not take place immediately, and questioned whether the present rate includes the G.ST or whether there be a further increase. Councillors Landers, Gould and M. Vincent also expressed concern over taxi fare increases and the matter of installing meters was broached. The Mayor asked that the City Manager investigate these concerns. Question being taken, the motion was carried. 82-712 COMMON COUNCIL DECEMBER 27,1990 On motion of Councillor Coughlan Seconded by Councillor Gould RESOLVED that the letter from Mayor Wayne submitting a press release from Premier McKenna's office announcing the a new energy policy to ensure that adequate energy sources are available to meet the province's needs to the year 2005 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from Councillor M. Vincent regarding the Canada Cup - 91 and the New Brunswick Outdoor Speedskating Championships being held at Lily Lake on January 11-13, 1991 and requesting that the City of Saint John approve the event and make available the co- operation, support and assistance of City employees from several departments -- be received and filed and the request approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Saint John Loan Company be advised that the City is not prepared to remove the repurchase option relative to 9 Somerset Street: AND FURTHER that Saint John Loan Company be advised that the City is prepared to revise the repurchase option to relate it to the commencement of construction, defined as when the concrete foundation footings are in place, versus the completion of construction. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-5 Readv Street & Grandview Avenue area sewer construction QM 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 18, 1990 $167,242.00 165,457.81 800.00 131,710.61 32,947.20 Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding tenders for the demolition or removal of the former RCMP Caretaker's Quarters located at 301 Douglas Avenue, advising that this property is owned by the Province of New Brunswick and that from time to time the City assists the Department of Supply and Services by arranging the demolition or removal of vacant buildings owned by the Province in the City and the City is reimbursed for the cost of demolition or removal plus $300. for costs, and submitting a recommendation for Council's consideration in this regard. 82-713 COMMON COUNCIL DECEMBER 27,1990 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of John Killam, in the amount of $2,000.00, be accepted for the removal of the former RCMP Caretaker's Quarters located at 301 Douglas Avenue. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, the tender of Lounsbury Industrial Ltd., in the amount of $111,000.00, plus tax, be accepted for the supply of a Dresser Model 530C Front End Loader and that the Mayor and Common Clerk be authorized to sign a seven year total cost agreement. Mr. Galbraith advised that the estimated cost of $155,000 for the above equipment was included in the 1991 Operating Budget. Question being taken, the motion was carried. Read a letter from the City Manager advising that in 1981 the City purchased a Xerox 9500 for the Common Clerk's office; that at that time the number of copies made on this machine was approximately 100,000 per month and has now increased to over 200,000 per month with 20 million copies having been made on this machine; that the reliability of the 9500 has deteriorated over the past twelve months, necessitating service calls of once or twice per week and as a result the departments ability to provide service has suffered; that the Common Clerk's office looks after the copying needs of all City Departments and some Commissions where volumes warrant, however, the primary use for this unit is to produce reports for Common Council and its various committees; that staff has identified the features required of a replacement machine and considered the volume of copies to be made and after investigating the availability of equipment to satisfy these needs it was determined that the Xerox 5090 meets all of the requirements and as this is a specialized unit and one for which competition in this area is not available, staff contacted the Provincial Supply & Services Department, who have gone to public tender and, as a result, established an agreement with Xerox Canada Ltd. for special pricing on this machine which allows all municipalities in the province to purchase at their prices, which is a price of $195,000 for the model 5090 and that staff has negotiated a trade in of $40,000 with Xerox for the existing unit and that the prices shown are only applicable until December 31, 1990, after which it must be renegotiated and it is the belief of staff that this will result in a higher cost. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the purchase of a Xerox model 5090 copier at a cost of $195,000, less a trade in of $40,000, for a net cost of $155,000, be approved. Responding to a query from Councillor Fitzpatrick as to whether there are other companies producing machines with the capability of the above-noted copier, Mr. Totten replied in the affirmative but noted that Xerox is the only company with local service. 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 M 106-1 A By-Law To Provide For The Payment Of Funds Into The Machinery And Equipment Depreciation Trust Fund" be read a third time and enacted 82-714 COMMON COUNCIL DECEMBER 27,1990 and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number M 106-1 A By-Law to Provide For The Payment Of Funds Into The Machinery And Equipment Depreciation Trust Fund", was read in its entirety. 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 Tuesday, November 13, 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 recommendation, namely:- 1. That as recommended by the City Manager, (1) Common Council request its Nominating Committee to contact the following agencies and request nominations for appointment to the Saint John Region-Tomorrow Committee: City of Saint John (Mayor); Fundy Region Mayors' Association (1 member); Saint John MLAs (1 member); Federal Member of Parliament (1 member); District 20 Education Board (1 member); Irving Family (1 member); Board of Trade (2 members); Construction & Building Trades (1 member); Saint John Labour Council (1 member); Fundy Region Development Commission (1 member); and business at large (2 members), from which an Executive Committee of 5 be appointed; (2) the Saint John Region-Tomorrow Committee proceed to establish the following subcommittees: Saint John Quality Development Committee; and Saint John/New England Business Council, and these committees develop a terms of reference and work program of priority actions; (3) staff develop a list of priority actions/initiatives from the Economic Development Strategy implementation recommendations (as approved by Council) for early consideration of the Executive Committee of the Saint John Region-Tomorrow Committee; and (4) Common Council thank all existing members of the current Economic Development Advisory Board for completing their mandate of developing and recommending an Economic Development Strategy for the City, and that this Board be terminated. December 27, 1990, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be adopted. 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 recommendation, namely:- 82-715 COMMON COUNCIL DECEMBER 27,1990 1. 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. Consideration was also given to a letter from Mr. Trevor Norris, owner of the above property, requesting to address council in this regard. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that Mr. Trevor Morris address Common Council with respect to property at 1313 Sandy Point Road. Question being taken, the motion was carried. Mr. Morris addressed Council with respect to matters concerning his property and expressed his disappointment in the manner in which it was handled and stated he feels very strongly that he has been treated, for no reason of his own, unfairly and in a very unprofessional manner by certain persons. He noted that he has lived beside the City's golf course for 15 years and has seen it grow from a 9-hole to a beautiful 18-hole golf course and he cannot believe there will be no further expansion, if not now, at least in the near future, particularly in view of the present parking problems being experienced at the course. Mr. Robichaud outlined the procedure for proposed property purchases and explained that staff first evaluate the requirements, review it with senior staff and a recommendation is then made to the City Manager and stressed the fact that all offers are conditional upon Council approving the purchase; advised that the three reasons for staff recommending the purchase to him was that the land was needed to expand the first tee, for a parking lot and for safety reasons; that he had staff submit a plan of the golf course, and reviewed the three conditions in detail and in his opinion the three situations can be addressed adequately without purchasing the property and therefore he made the recommendation to the City Manager against purchasing the property. In response to a query of Mr. Morris, Mr. Robichaud advised the alternatives available to deal with the safety aspect rather than purchase the property in question. Councillors stated she feels Mr. Morris has every effort to be upset with the situation and that she is still not convinced that staff would not recommend the property be purchased. During ensuing discussion, Mr. Robichaud outlined the events which led to the recommendation contained in the above report. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the above report be received and filed and the recommendation contained therein be adopted. Speaking in opposition to the resolution, Councillor Knibb stated that the City has documentation establishing the need for the property and strongly urged Council to acquire the property for long-term development of the Rockwood Park Golf Course. Mr. Robichaud noted that the Rockwood Park Golf Course is a municipal course, not a championship course and it is his opinion the property in question is not required at the moment nor in the foreseeable future. The actions of City staff prior to a recommendation being submitted to Council in this matter were questioned. Question being taken, the motion was carried with Councillors Knibb, Landers and M. Vincent voting "nay". Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John 82-716 COMMON COUNCIL DECEMBER 27,1990 The Committee of the Whole reports Your Committee begs leave to report that it sat on December 17, 1990 when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers and Rogers, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, Mr. Reginald Ferguson be granted a license to permit the encroachment of a paved driveway on the City-owned property adjacent to 670 Sand Cove Road and identified as L.R.I.S. Number 394742, under the following terms:- (1) the term to be until realignment of Pine Avenue or it is decided the road will not be built; (2) the license fee to be $100 per year commencing January 1, 1991; and (3) the size to be as shown on the submitted plan. 2. That as recommended by the City Manager, the City accept title from the Province of New Brunswick to the land on Golden Grove Road shown as "Septic Tank Lot" and "Road to be Conveyed" on a plan filed as File 33#2 for a price of $1.00. 3. That as recommended by the City Manager, a parcel of land on Stevens Road and Victoria Road, identified as Part "A" on a plan prepared by Murdoch Lingley Limited entitled Subdivision Plan-Harold Osburn Property, be acquired from Harold Osburn for a price of $1,500, to eliminate a ditch encroachment. 4. That as recommended by the City Manager, (1) the City of Saint John support a liberalized transborder air agreement between Canada and the United States as a framework for promoting market access between the respective areas, and improving business and pleasure travel; (2) the City of Saint John inform The Honourable Minister of Transport that, in negotiating a new bilateral air agreement, the concerns of the Saint John area and the interest of Canadian airlines must be addressed; and (3) the City of Saint John does not support the granting of cabotage rights to foreign carriers; and further that a copy of this resolution be forwarded to The Honourable Sheldon Lee, Provincial Minister of Transportation. 5. That as recommended by the City Manager, Council approve the following merit increments for department heads and other officials which Common Council has the power to appoint, effective September 1, 1990: Two-step merit increment - Commissioner of Finance Commissioner of Human Resources One-step merit increment - Assistant City Manager-Development Commissioner of Environment and Infrastructure Service Director of Engineering Director of Economic Development Director of Community Planning Director of Housing and Property Management Director of Water and Sewerage Services Director of Tourism Director of Supply Services Director of Works Operations Building Inspector 6. That the following recommendations be adopted, effective September 1, 1990: (a) that a two-step merit increment be approved for the City Solicitor; (b) that the position of Assistant Common Clerk be reclassified from Management Grade 3 to Management Grade 4; (c) that the salary of the Assistant Common Clerk be increased to Grade 4, Level B; 82-717 COMMON COUNCIL DECEMBER 27,1990 (d) that a one-step merit increment be approved for the Common Clerk; (e) that a salary range of $80,000 - $90,000 be established for the position of City Manager; and (f) that the salary of the City Manager be increased to $85,000. December 27, 1990 Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 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 M. Vincent Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that section 4 of the above report be adopted. Mr. O'Leary suggested Council cautiously endorse the idea of a liberalized transborder air agreement, however, there are some pitfalls because in the end there are some recommendations as the policy is going forward now that could affect regional air service as well as competition from American airlines within Canada against our own airlines; at this point they would like to see further explanations as to what the intentions are. Councillor M. Vincent noted there has been recent documentation at the national level to indicate the liberalization of the air agreement between borders would in fact more greatly affect eastern Canada than any other portion of the nation and questioned whether Council is satisfied that it has access to all information that might be available or whether it should ensure it has all information before making a decision. The Mayor referred to section 3 of the resolution which addresses the granting of cabotage rights to foreign carriers. Mr. O'Leary advised that there will be more information that develops as time goes on and there will be several occasions for the City of Saint John to express its opinion as it gathers more information. Councillor Knibb suggested it would be unwise to create doubt by tabling the resolution and it is the best hope for development of tourism with the New England states. Mayor Wayne noted that the resolution is similar to that adopted by FCM and suggested that the Province's position should also be determined. Responding to a query from Councillor Fitzpatrick who noted that section 1 supports liberalization of an transborder air agreement and section 3 is contrary, Mr. O'Leary advised it appears there is a contradiction which should be clarified. 82-718 COMMON COUNCIL DECEMBER 27,1990 On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that section 4 of the above report be tabled for one week pending additional information. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 5 of the above report be adopted. Councillor Coughlan stated he is concerned with the total merit system which the City Manager has indicated will be addressed during the forthcoming personnel review, and he also has some concern with what he sees as some very clear discrepancies between some positions within the administration. In response to a statement of Councillor Knibb regarding those management personnel who have reached the maximum salary for their grade and are therefore excluded from the above recommendation, the Mayor noted that the City Manager has advised Council that such positions are being reviewed and early in January a recommendation will be submitted for council's consideration. Councillor Rogers urged the City Manager to come forward with both an internal and external audit review on all departments and positions within the City's organization, and that such review be completed within six months. Mr. Robichaud confirmed that funds are included in the 1991 operating budget for a review, and in fact staff will be involved, hopefully, with a consultant to establish the relative worth of all management positions in City Hall. The Mayor suggested there may be alternatives to the merit grid system which might be considered. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that a three-step merit increment be approved for the City Solicitor. Councillor Flewwelling noted that, historically, the salaries of the Commissioner of Finance and City Solicitor were the same, however, a gap has occurred and the only way of bringing them closer together is to approve a three-step increment. Councillor Knibb noted that no-one on staff receives more than a two-step merit increase and stated he does not think it right or fitting in justice to the other members of the management team, that one person should be singled out for a three- step increase. Councillor Rogers expressed her surprise at the action being proposed, in view of discussions held in Committee of the Whole. Councillor Coughlan noted that it was his understanding that a personnel audit review was to take place in 1991 and it was not his intention to have personalities examined in public. Councillor Landers stated she supports the proposed motion based on the position, not the personality, and she noted that Council asked a year ago to have this position reviewed. Deputy Mayor Gould stated he prefers a salary structure with a minimum and maximum salary, based on progressive steps subject to satisfactory performance. Question being taken, the motion was carried with the Mayor and Councillors Coughlan, Knibb and Rogers voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 6(b) of the above report be adopted. 82-719 COMMON COUNCIL DECEMBER 27,1990 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 6(c) of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 6(d) of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that section 6(e) of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 6(f) of the above report be adopted. Question being taken, the motion was carried with the Mayor and Councillor Fitzpatrick voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Common Council approve the retirement of Robert E. Clark, an employee of the Works Department, in accordance with section 9(1) of the City of Saint John Pension Act, the Board having been supplied with the required medical reports as to his permanent disability. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the letter from the Rockwood Park Advisory Committee containing a resolution adopted at their meeting of December 14, 1990 that Council be informed that rather than take a chance of opening any part of the wilderness section of Rockwood Park to private developers for housing, which they feel would escalate from there, they advise Council that the Board is against the suggestion of a housing development anywhere on Park land -- be referred to the City Manager and appropriate staff for a report. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from Allan D. Horsman with regard to a resolution adopted by Common Council on December 3rd in response to his letter of November 13th concerning fluoridation of the water supply; 82-720 COMMON COUNCIL DECEMBER 27,1990 advising that he feels it is his duty to try once again to get Council to adopt a less costly means of fluoridation as previously suggested -- be referred to the Acting City Manager to meet with Mr. Horsman. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from William Reynolds advising that in March 1990 his request to Council for plowing of the Lime Kiln Road in Brookville was denied and that some of the information provided by city staff in this regard was incorrect and submitting pertinent information substantiating his argument and requesting that his request be reconsidered -- be referred to the Acting City Manager for a report. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Stephen R. Clayden expressing appreciation for his appointment to the Arbor Day Committee and submitting his resignation due to his work commitments -- be received and filed and the resignation be accepted with regret and referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Board of Directors of the Saint John Association for Community Living Inc. requesting that the City of Saint John donate the use of the 16 city ball fields for the Moosehead/Coca Cola/CFBC 6th Annual Slo-Pitch Snow-Ball Tournament -- be received and filed and the request approved. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from the solicitors for Atlantic Wholesalers Ltd., operators of the Superstore Mall located at 168 Rothesay Avenue, Saint John, expressing opposition to the proposed application of the owners of McAllister Place mall for permission to permit Sunday shopping and if such permission is granted it is their client's intention to apply for similar permission for Sunday operations for the Superstore Mall -- be referred to the City Manager. Councillor Rogers questioned why this matter, which involves the Provincial Days of Rest Act, would be referred to the Council, however, it has come to her attention that there may be some regulations within the Act that need to be examined by the City Solicitor and what the City can do to not permit Sunday shopping. Question being taken, the motion was carried. Consideration was given to a letter from B.L.E.U. Non Profit Housing Inc. advising that on October 20, 1989 Council extended their option to purchase the freehold land at Blue Rock Hill until April 30, 1990, however, the transaction did not take place by that time; that they would now like to proceed with the purchase of these lands preferably prior to the G.ST taking effect, and requesting that Council authorize the transfer of the land to B.L.E.U..'s Holding Company because the institutions with whom they are negotiating for financing are reluctant to deal with a non profit company; 82-721 COMMON COUNCIL DECEMBER 27,1990 and requesting assurance that if their clients take title in the name of the holding company it will not jeopardize their eligibility for the H.I.D. grant which was extended to June1,1991. The presence of Mr. Grant in the Council Chamber was noted. On motion of Councillor Landers Seconded by Councillor Gould RESOLVED that Mr. William Grant, solicitor for B.L.E.U. Non Profit Housing Inc. address Council at this time. Question being taken, the motion was carried. Mr. Grant advised that if the project is to proceed, it will have to do so under the terms required by the financial institutions. Mr. Grant assured that none of the properties in question include the Thibodeau property and noted that the Thibodeau property at 69 St. James Street (L.R.I.S. Number 367565-F) is subject to a previous resolution adopted by Council on March 5, 1990 and not included in this request. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that Council authorize the transfer of the freehold land at Blue Rock Hill, having L.RI.S. Numbers 367144, 365619,367581,367573, 368076-F and 367565-F, to B.L.E.U. Non Profit Housing Inc.'s holding company, known as 169147 Canada Inc.: AND FURTHER that the date for transfer of the said freehold land be extended to April 30, 1991: AND FURTHER that Council give assurance that if title to the said land is taken in the name of the holding company, this will not jeopardize eligibility for funding under the Housing Through Infill Development Program. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk