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1991-01-21_Minutes 82-745 COMMON COUNCIL JANUARY 21, 1991 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twenty-first day of January, AD. 1991, at 7:00 o'clock p.m. present Arthur L. Gould, Esquire, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A Vincent 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; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; B. Morrison, Director of Parks; R. Russell, Superintendent of Parks; C. Cogswell, Deputy Chief of Police; G. Tait, Deputy Fire Chief; J. Baird, Manager- Development; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Deputy Mayor Gould offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that minutes of the meeting of Common Council, held on January 14, 1991, be approved. Councillor Flewwelling advised that he voted in opposition to the motion concerning the tender award for the canteen concession at the Lily Lake Pavilion and asked that the above minutes be changed to reflect his dissenting vote on this resolution. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that a letter from the Preservation Review Board regarding the Old Burial Ground, a letter from the City Manager with respect to 26 Exmouth Street, and an FCM memorandum concerning radio license fees (copies of which were forwarded to Council members as information items), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the schedule of Council meetings (a copy of which was 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. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Councillor Knibb regarding garbage collection in townhouse developments and Nominating 82-746 COMMON COUNCIL JANUARY 21, 1991 Committee recommendations (which were 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. On motion of Councillor Landers Seconded by Councillor Knibb RESOLVED that the letter from the City Manager regarding 101 Kennedy Street (a copy of which was 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. Deputy Mayor Gould proclaimed January 21 to 27, 1991 to be Jaycee Week in the City of Saint John in recognition of the Saint John Jaycees' contribution to Saint John; and January 23, 1991 to be Clean Air For Kids Day in the City of Saint John. The Common Clerk advised that the necessary advertising was completed with regard to (a) a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, a parcel of land at 152-156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401), containing approximately 16,000 square feet and located at the corner of Westmorland Road and Northumberland Avenue, from Low Density Residential to District Centre Commercial classification; and (b) re-zoning the same parcel of land from "R-2" One- and Two- Family Residential to "B-2" General Business classification, to permit the development of an office building with two apartments, as requested by Blair Construction Limited, and that two written objections were received in this regard (copies of which were distributed to Council members at this meeting). Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report and two letters of objection to the above proposal, which were considered by the Committee on January 15 at which two area residents spoke, one against and one in favour of the proposal, and the applicant was represented by his solicitor who presented a coloured site plan which clearly illustrated the proposal; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from Low Density Residential to District Centre Commercial classification, two parcels of land which together contain approximately 16,600 square feet of land, located on the corner of Westmorland Road and Northumberland Avenue, having civic numbers 152-156 Westmorland Road and being all of L.R.I.S. Number 317974 and a portion of L.R.I.S. Number413401; (2) the same parcels be re-zoned from "R-2" One- and Two-Family Residential to "B-2" General Business classification; and (3) by resolution, pursuant to Section 39 of the Community Planning Act, the re-zoning be subject to the following: (i) the use of the property shall be limited to not more than two apartments and 642 square metres (6,911 square feet) of business offices; (ii) there shall be no outside storage of material or equipment related to any of the offices; (iii) the site shall be developed in accordance with a site plan to be approved by the Development Officer prior to third reading by Common Council; (iv) exterior elevations and interior floor plans of the proposed additions and new building are provided to the Development Officer for approval prior to third reading by Common Council; (v) all building and site development shall be commenced no later than twelve months from date of third reading and be completed twelve months from building permit approval; (vi) security in a form acceptable to the City and in an amount equal to the Development Officer's estimate of the cost of landscaping, including trees and shrubs, and the development of the office parking area be provided to the City, prior to building permit approval to assure completion of that work to the satisfaction of the Development Officer; such security must remain in all force and effect until the expiration of thirteen months following building permit approval, provided that the Developer completes the required work to the satisfaction of the Development Officer before the thirteen months has expired, then the security shall be returned to the Developer within one month of such completion and, if this work is not carried out by the applicant to the satisfaction of the Development Officer, the City will use the security to complete the work; (vii) security in a form acceptable to the City 82-747 COMMON COUNCIL JANUARY 21, 1991 and in an amount equal to the Development Officer's estimate of the cost of cleaning and removing from the rear half of the applicant's current land holdings known as 152- 156 Westmorland Road, materials and debris not compatible with the adjacent residential area and landscaping the same area with top soil and grass if these lots are not developed within thirteen months of third reading by Council, and this security shall be provided by May 1, 1991; and (viii) any new signage be approved by the Development Officer and be limited to the size permitted in a "R-2" residential zone for the purpose of identifying a non-residential use, .6 square metres (6.6 square feet). Mrs. Muriel Stevens of 24 Northumberland Avenue appeared in opposition to the above proposal on behalf of area residents and, in noting previous opposition by area residents with respect to re-zoning part of Westmorland Terrace from a residential to a commercial classification, advised that several residents met with Mr. Paul Zed, the applicant's solicitor, to review Mr. Blair's new proposal and found it to be basically the same as the proposal denied by Council on April 9, 1990. Mrs. Stevens explained that area residents' concerns are with Lot 413401, part of which is to be re-zoned and part to be left residential and that, at the residents' request that Mr. Zed apprise Mr. Blair of their views and having discussed this with Mr. Zed earlier this date, she would like clarification for all area residents on the three main concerns as follows:- (1) residents' feel that the proposed future residential designation for the two residential lots is too vague and would like Mr. Blair to place a completion date on the proposed homes; (2) if these lots were sold, that the same conditions would be continuous on the new owner; and (3) if agreed to, these conditions would be written into an amended developer's agreement with the City. Mrs. Stevens concluded that the residents were pleased with the meeting with Mr. Zed and feel that, if these conditions are met, they would no longer object to this total package proposal. Mr. Paul Zed, solicitor for the applicant, appeared in support of the above application; displayed a revised plan prepared for the subject property, and advised that the issues broached above by Mrs. Stevens are all acceptable to the developer and that, having discussed this matter with the City Solicitor, it is possible that protection could be added either under a Section 39 agreement or under Section 101 of the Community Planning Act. Mr. Zed confirmed that the applicant, in principle, has no problem with the extra assurance wanted by the residents with respect to the two lots which are already zoned "R-2" One- and Two-Family Residential and this can be given by the Community Planning Act under Section 101 in that, once the property is in fact built on, the residents' concerns would be satisfied with respect to conditions being continuous on a new owner, nor does the developer have any objection to entering into an agreement with the City. During discussion Mr. Rodgers explained that Section 101 of the Community Planning Act allows the City and a developer to enter into an agreement containing conditions in addition to what the Zoning By-Law requires, and expressed the opinion that, based on discussion with Mr. Zed, this Section can be used in this case to deal with the property owners' concerns and what the developer is proposing with respect to land that is adjacent to the land that is being re-zoned; that is, the land on which residents want residential housing built within a certain specific time. Mr. Rodgers expressed the understanding that, if the re-zoning is approved, such re-zoning will be subject to a Section 39 agreement and, in addition, there will also be a Section 101 agreement, both which will be prepared and submitted to Council prior to or at the time of third reading. Mr. Zed confirmed that the applicant is agreeable to a definite time limit for development of the two residential lots, with a four-year maximum time limit being acceptable and expressed the understanding that, if the four-year time limit were not met, the Section 101 agreement would be in default, such event to be addressed specifically in the process of negotiating either the Section 39 or Section 101 agreement; advised that, with regard to residents' concern about the condition of the portion of the property to be re-zoned, Mr. Blair has assured him that the old warehouse would be the first part of the development to be removed, which obviously means that the other debris and storage materials would also be removed; and explained that, if the re-zoning proposal is approved, the legal status for the non- conforming use of the property for the operation of a developer's office and yard and related activities will be relinquished and further that, with respect to Councillor Rogers' question about a time period dealing with the clean-up of the adjacent land which will be under a Section 101 agreement, section (vii) of the Planning Advisory Committee's recommendation refers to security being provided by May 1, 1991, and that this is the 82-748 COMMON COUNCIL JANUARY 21, 1991 date intended for inclusion in the developer's agreement, and Mr. Bedford clarified that the thirteen-month period referred to in section (vii) commences on May 1, 1991 and confirmed that, if residential housing is not commenced within that period of time, landscaping will transpire. Councillor Rogers proposed a motion, which was seconded by Councillor A Vincent, to table the above matter and, in response to Deputy Mayor Gould's query as to whether or not a tabling motion was in order, Mr. Rodgers expressed the opinion that a tabling motion is not to take place until there is a motion on the floor and that the motion on the floor is what would be tabled, with a reason required for tabling. Councillor A Vincent rose on a point of order on the basis that a tabling motion is always in order and advised that the reason for tabling the matter is so that Council can obtain a written report. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing approximately 16,600 square feet at 152-156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401), located on the corner of Westmorland Road and Northumberland Avenue, from Low Density Residential to District Centre Commercial classification, be read a first time. On motion of Councillor Rogers Seconded by Councillor A Vincent RESOLVED that the above matter be laid on the table for one week for a report. Question being taken, the tabling motion was lost with Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and M. Vincent voting "nay". Question being taken, the original motion was carried with Councillors Rogers and A Vincent voting "nay". Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing approximately 16,600 square feet at 152-156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401), located on the corner of Westmorland Road and Northumberland Avenue, from Low Density Residential to District Centre Commercial classification, be read a second time. On motion of Councillor A Vincent Seconded by Councillor Rogers RESOLVED that the above matter be laid on the table for a report. Question being taken, the tabling motion was lost with Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers and M. Vincent voting "nay". Deputy Mayor Gould confirmed that Council must receive for approval the proposed Section 39 and 101 agreements prior to third reading. 82-749 COMMON COUNCIL JANUARY 21, 1991 Question being taken, the original motion was carried with Councillors Rogers and A Vincent voting "nay". Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 16,600 square feet at 152-156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401), located on the corner of Westmorland Road and Northumberland Avenue, from "R-2" One- and Two- Family Residential to "B-2" General Business classification, be read a first time. Mr. Bedford confirmed that a Section 101 agreement would deal with concerns respecting the two residential lots being built upon within four years of re- zoning approval and the conditions continuing with title change, and that cleaning-up of the area would be dealt with under a Section 39 agreement in accordance with recommendation (3)(vii) of the above Committee report; and Mr. Rodgers confirmed that a Section 39 conditional use of the property to be re-zoned would apply to any subsequent owner of the property. Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land containing approximately 16,600 square feet at 152-156 Westmorland Road (L.R.I.S. Number 317974 and a portion of L.R.I.S. Number 413401), located on the corner of Westmorland Road and Northumberland Avenue, from "R-2" One- and Two- Family Residential to "B-2" General Business classification, be read a second time. Question being taken, the motion was carried with Councillor Rogers voting "nay". Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the correspondence regarding the above-proposed amendments be received and filed. Question being taken, the motion was carried. (Councillor Coughlan withdrew from the meeting due to a possible conflict of interest.) The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 148-150 Waterloo Street (L.R.I.S. Number 13649), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, to permit the Sisters of the Good Shepherd to establish Euphrasia Residence, a supportive living accommodation for a maximum of six women, as requested by Sisters of the Good Shepherd, and that no written objections were received in this regard. 82-750 COMMON COUNCIL JANUARY 21, 1991 Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning staff report and five letters in support of the above application, and recommending that the City of Saint John Zoning By-Law be amended by re-zoning a parcel of land at 148-150 Waterloo Street (L.R.I.S. Number 13649), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to a resolution pursuant to Section 39 of the Community Planning Act limiting the use to a supportive residential board and room facility. Mr. Donald Cullinan, solicitor for the applicant, appeared in support of the proposed re-zoning and, referring to a prepared brief (copies of which he distributed to Council members at this time), commented on the history of the Sisters of the Good Shepherd in the City of Saint John, as well as on the need for a residence in the City that would provide simple, supportive living accommodation to women who need only that, such need determined by a survey carried out by Sister Pauline M. Butler. In response to Councillor Flewwelling, Sister Butler advised that the Centre could accommodate anyone woman for a period of six months to one year. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 148-150 Waterloo Street (L.R.I.S. Number 13649), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning a parcel of land at 148-150 Waterloo Street (L.R.I.S. Number 13649), from "RM-1" Three-Storey Multiple Residential to "IL-1" Neighbourhood Institutional classification, subject to Section 39 of the Community Planning Act as recommended by the Planning Advisory Committee, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the Zoning By-Law of the City of Saint John. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Planning Advisory Committee regarding the above-proposed re-zoning be received and filed. Question being taken, the motion was carried. (Councillor Coughlan re-entered the meeting.) The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the conditions imposed on July 9, 1990, when the re-zoning was approved for a lot at 301 Ashburn Road (L.R.I.S. Number 52670), to accept a revised development proposal, to permit the property to be used for a warehouse and outdoor storage facility for a roofing company, as requested 82-751 COMMON COUNCIL JANUARY 21, 1991 by E & J Dugay Roofing Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee recommending that the conditions imposed on July 9, 1990, when the re- zoning was approved for a lot at 301 Ashburn Road (L.R.I.S. Number 52670) be amended to read as follows: (a) the use of the property be restricted to: (i) indoor storage and warehouse facilities; (ii) outdoor storage of roofing materials in a compound enclosed by a solid fence and not exceeding 50 square metres (540 square feet) in area; (b) the roofing materials not be piled higher than the top of the fence surrounding the outdoor storage area; (c) the property be developed in accordance with a site plan approved by the Development Officer indicating the following: properly graded and paved vehicular areas, a board-on-board privacy fence and/or vegetation screen along the lot line abutting the adjoining residential use, landscaping of all areas not occupied by buildings, outdoor storage and vehicular areas, except that the land to the southwest of the brook may be left in its natural state; (d) the location, design and size of signage be subject to further review and approval of City staff and the Planning Advisory Committee; and (e) the items listed in (c) above be completed by September 30,1991. Mr. Duane McAfee, solicitor for the applicant, appeared in support of the above application, and expressed agreement with the Planning Advisory Committee's recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the conditions imposed on July 9, 1990, when the re- zoning was approved for a lot at 301 Ashburn Road (L.R.I.S. Number 52670) be amended to read as follows: (a) the use of the property be restricted to: (i) indoor storage and warehouse facilities; (ii) outdoor storage of roofing materials in a compound enclosed by a solid fence and not exceeding 50 square metres (540 square feet) in area; (b) the roofing materials not be piled higher than the top of the fence surrounding the outdoor storage area; (c) the property be developed in accordance with a site plan approved by the Development Officer indicating the following: properly graded and paved vehicular areas, a board-on-board privacy fence and/or vegetation screen along the lot line abutting the adjoining residential use, landscaping of all areas not occupied by buildings, outdoor storage and vehicular areas, except that the land to the southwest of the brook may be left in its natural state; (d) the location, design and size of signage be subject to further review and approval of City staff and the Planning Advisory Committee; and (e) the items listed in (c) above be completed by September 30,1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the Planning Advisory Committee regarding the above amendment be received and filed. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from Mayor Wayne submitting a report on the 1990 Christmas Families Campaign which was a great success -- be received and filed. Question being taken, the motion was carried. 82-752 COMMON COUNCIL JANUARY 21, 1991 Read a letter from Mayor Wayne requesting that appropriate staff, through the City Manager, provide Council at the next meeting with an update on the progress of the implementation of fluoridation of the City's water supply, Council having previously requested to be apprised in this regard by staff on a monthly basis. Mr. Robichaud apprised Council of the status of fluoridation (copies of a report in this regard having been distributed to Council members in Committee of the Whole earlier this date), and explained that, because of a contracting out problem with Local 18, a tender in this regard would not be advertised until March for award after the return to work of long-term seasonal employees probably on April 15, with the fluoridation system put in place and in operation probably by early summer. In response to Councillor A Vincent's question as to whether it is the intent to contract out fluoridating the water, Mr. Robichaud replied that the supply and construction of the building, storage tanks, injection pumps and so on for the fluoridation system would be contracted out, with Local 18 employees operating the plants and directing the input of the fluoride, and clarified that the reason the City is having a problem with contracting out is that a May 1990 Arbitration Award stated that the City is not allowed to contract out any work in the City of Saint John as long as long-term seasonals were not employed, and that all long-term seasonals will be back to work on April 15 at which time the City can contract out. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the above letter from Mayor Wayne be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the letter from Councillor Flewwelling advising that it has been brought to his attention that a traffic hazard exists for pedestrians on the corner of Wentworth and Union Streets in front of Prince Edward Square, with the suggestion being that a 15 m.p.h. speed limit, or any other means of alleviating this danger, should be placed in this area for the safety of pedestrians; and recommending that this matter be referred to the City Manager and appropriate staff for a report and recommendation -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Read a letter from the City Manager advising that, with the July 23, 1990 appointment of Mr. Greg Yeomans as Manager of Accounting Services, it would now be appropriate to take the necessary steps to have Mr. Yeomans recognized as a signing officer for the City of Saint John, and recommending adoption of the two submitted resolutions in this regard, one each for the Bank of Nova Scotia and the Bank of Montreal. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED: A That the resolution dated March 5, 1990 relating to the operation of bank accounts for The City of Saint John with The Bank of Nova Scotia be and is hereby rescinded: AND FURTHER RESOLVED: B.1 That accounts in the name of The City of Saint John (herein called the "City") and bearing the following names and numbers shall be kept at The Bank of Nova Scotia: Current Account 0053-12 82-753 COMMON COUNCIL JANUARY 21, 1991 Payroll Account 0001-16 2. That any two of the: Commissioner of Finance Deputy Commissioner of Finance Manager of Accounting Services be and are hereby authorized on behalf of the City: (a) To borrow money from The Bank of Nova Scotia upon credit of the City on cheques, promissory notes, bills of exchange or otherwise in such amounts and subject to such terms as may be considered advisable; (b) To sign, make, draw, accept, endorse, execute and deliver on behalf of and in the name of the City all such cheques, promissory notes, bills of exchange, drafts, acceptances, orders for the payment of money, warehouse receipts, bills of lading, agreements to give security, assignments, transfers, conveyances, hypothecs, mortgages, pledges, securities and other agreements, documents and instruments as may be necessary or useful in connection with the borrowing of money and other banking business of the City. 3. That anyone of the: Commissioner of Finance Deputy Commissioner of Finance Manager of Accounting Services be and is hereby authorized by the City: (a) To negotiate with or transfer to The Bank of Nova Scotia for deposit or discount with or collection by the Bank (but for the credit of the City's accounts only) cheques, promissory notes, bills of exchange, drafts, orders for the payment of money and other instruments, whether negotiable or not, purporting to be signed or endorsed on behalf of the City by anyone of them or having the name of the City impressed thereon by rubber stamp or other device without any signature; (b) To arrange, settle, balance and certify all books and accounts between The City of Saint John and the Bank and to receive all paid cheques and other vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balances and release; (c) To delegate any authority conferred on such person by subparagraphs (a) and (b) of this paragraph by any other employee of the City, by notice in writing filed with the Bank. 4. That all agreements, documents and instruments signed, drawn, accepted, endorsed or executed as aforesaid shall be valid and binding on the City. 5. That the City shall furnish the Bank with a list of names of all persons authorized by this resolution to do any act or thing, together with specimens of their signatures, and shall notify the Bank from time to time in writing of all changes of such persons; and such list when received by the Bank shall be binding on the City until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. 6. That this resolution shall be communicated to the Bank and shall continue in force as between the City and the Bank until written notice to the contrary shall have been given to the Bank and receipt of such notice acknowledged by the Bank. C.1. That notwithstanding resolution B.2(b), The Bank of Nova Scotia is authorized and directed to pay any and all cheques, promissory notes, bills of exchange or otherwise against the said accounts which may be presented for payment bearing the facsimile signature impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said Officers in their own handwriting and duly issued by them with the authority and on behalf of The City of Saint John. 82-754 COMMON COUNCIL JANUARY 21, 1991 2. That in consideration of The Bank of Nova Scotia's paying or negotiating cheques, promissory notes, bills of exchange or otherwise, issued on behalf of The City of Saint John and bearing the mechanically-imprinted facsimile signatures of the Commissioner of Finance and the Deputy Commissioner of Finance, The City of Saint John will and does hereby undertake to hold The Bank of Nova Scotia harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque, promissory note, bill of exchange or otherwise on which the facsimile signatures have been wrongfully impressed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED: 1. That the resolution dated March 5, 1990 concerning signing officers for The City of Saint John bank accounts and securities with the Bank of Montreal be and is hereby rescinded and the following resolution be adopted in its stead:- 2. That all cheques of the Municipal Corporation of The City of Saint John (herein called the "City") drawn on the following accounts: 7000 - 098 Sinking Fund 5067 - 467 O'Connell Trust 5067 - 475 Tucker Trust 5067 - 483 Ross Memorial Trust 5067 - 491 Stockford Memorial Trust 5067 - 520 Recreation Development Fund 5067 - 547 Land Subdivision Trust 5067 - 555 Equipment Replacement Fund 5067 - 563 A Carle Smith Trust shall bear the signature of any two of the following officers: Commissioner of Finance Deputy Commissioner of Finance Manager of Accounting Services 3. That notwithstanding resolution No.2, the Bank of Montreal is authorized and directed to pay any and all cheques against the said accounts which may be presented for payment bearing the facsimile signatures impressed thereon by mechanical means to all intents and purposes as though such signatures had been signed by the said officers in their own handwriting and duly issued by them with the authority and on behalf of The City of Saint John. 4. That in consideration of the Bank of Montreal's paying or negotiating cheques issued on behalf of The City of Saint John and bearing the mechanically-imprinted facsimile signatures of the Commissioner of Finance and the Deputy Commissioner of Finance, The City of Saint John will and does hereby undertake to hold the Bank of Montreal harmless from and indemnified against all loss, costs, damages and expenses arising out of the payment or the negotiation of any cheque on which the facsimile signatures have been wrongfully impressed. 5. That the Commissioner of Finance, Deputy Commissioner of Finance or Manager of Accounting Services of The City of Saint John be and are hereby authorized for and on behalf of the City to negotiate with, deposit with or transfer to the Bank of Montreal (but for credit of the said City's accounts only) all or any bills of exchange, promissory notes, cheques or 82-755 COMMON COUNCIL JANUARY 21, 1991 orders for payment of money and other negotiable papers and for the said purposes to endorse the same or any of them on behalf of the City either in writing or by rubber stamp. 6. That the Commissioner of Finance, Deputy Commissioner of Finance or Manager of Accounting Services are hereby authorized for and on behalf of the said City from time to time to arrange, settle, balance and certify all books and accounts between the said City and the Bank; and to receive cheques and vouchers, unpaid and unaccepted bills of exchange and other negotiable instruments and to sign the Bank's form of settlement of balance and release. 7. That any two of the following officers, namely; Commissioner of Finance, Deputy Commissioner of Finance or Manager of Accounting Services, be and are hereby authorized for and on behalf of the said City to obtain delivery from the said Bank of all or any stocks, bonds and other securities held by the said Bank in safekeeping or otherwise for the accounts of the City and to give valid and binding receipts therefor. 8. That this resolution be communicated to the said Bank and remain in force until written notice to the contrary shall have been given to the Manager for the time being at the Branch of the Bank at which the accounts of the said City are kept and receipt of such notice duly acknowledged in writing. (Rescinded April 29, 1996 Bk. 85 Pg. 815 ) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager advising that the City is experiencing an ever-increasing requirement to disburse funds in U.S. dollars and that, while procedures are in place to handle this situation, they are rather laborious and tend to pose some accounting difficulties; and recommending that the City of Saint John open a U.S. dollar bank account with the Bank of Nova Scotia, the signing officers on this account to be the same as those that already exist; that is, any two of the Commissioner of Finance, the Deputy Commissioner of Finance, and the Manager of Accounting Services -- be received and filed and the recommendation adopted. Mr. Wilson explained that the City makes a number of expenditures each week which require payment in U.S. funds, such as subscriptions, tourism promotion advertisements and miscellaneous purchases of periodicals, books and such, and that, under the current system, the City has to buy U.S. funds for each and every transaction, with a separate cheque prepared based on the conversion rate at the time of the expenditure, which is a time-consuming process; and that, at anyone time, there would be only adequate funds in the account, perhaps in the range of $5,000 to $10,000, to cover cheques that are currently outstanding, and further that the City has approximately 8 or 9, or in the vicinity of 400 yearly, transactions in U.S. funds. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the report from the City Manager advising that it would now be appropriate for the City to initiate the re- zoning of recently-closed Valerie and Constance Streets as well as an adjacent parcel of land, as advertisement of a Municipal Development Plan amendment for these City- owned properties has occurred and the advertising for a Municipal Plan amendment and re-zoning of Baxter Foods Limited's property at 91 Millidge Avenue was authorized by Council on January 14, 1991, and that this is the second step in the process which 82-756 COMMON COUNCIL JANUARY 21, 1991 will relocate the access to Centennial School, parcels "T", "L", "N" and "P" having been previously re-zoned to "IL-1" Neighbourhood Institution classification to permit the relocated access; and recommending that the City initiate the process to re-zone parcel "M" and recently-closed Valerie and Constance Streets, as illustrated on the submitted plan, to the "1-1" Light Industrial zone, and that a public hearing date be set, advertisement authorized, and the application be referred to the Planning Advisory Committee for a report and recommendation -- be received and filed and the recommendation adopted, with the public hearing to be held on March 4, 1991. Question being taken, the motion was carried. Read a letter from the City Manager advising that staff has reviewed and revised the 1991 fees and charges for services and use of facilities available within Rockwood Park, particularly to meet the guidelines of the Federal Goods and Services Tax which became effective January 1, 1991, and explaining the method of formulating the proposed fees and charges on the submitted schedule recommended for adoption. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the submitted schedule of rates, fees and charges for Rockwood Park be approved for 1991. Councillor Flewwelling expressed concern that the golf course rates could result in the average citizen not being able to afford to play golf at the municipal course. Mr. Russell confirmed that the number of seasonal green fee tickets for adults is limited to 75, and advised that all of the adult passes and 50 junior passes were sold in 1990 and further that the proposed fees are comparable to rates in Southern New Brunswick courses and, in fact, are lower than most public courses in the Province; and Mr. Robichaud explained that the limit of passes to 75 is based on staff's concern that, if there are too many yearly passes, the ability of citizens to walk onto the course and play golf would be limited, and that slight changes have been made in the limited number in order to prepare statistics to analyze the effect on walk-on golf to determine an appropriate limit. In response to Councillor A Vincent, Mr. Robichaud expressed the understanding that the only person who has a free pass to the Rockwood Park golf course is Mr. Nick Nicolle, who was awarded a pass upon his retirement from the City as Director of Recreation and Parks. Councillor Fitzpatrick suggested that weekday golfing could possibly have been encouraged had the Monday to Friday green fee been increased from $15 to $17, rather than to $18, thereby keeping the percentage increase at approximately the same rate as for the weekend fee, to which Mr. Russell replied that staff's case analysis was in comparison to other courses within the Province and the proposed weekday rate is well below that of other courses. Question being taken, the motion was carried with Councillor Flewwelling voting "nay". Consideration was given to a letter from Councillor Knibb advising that, following third reading of a Garbage By-Law amendment at Council's last meeting, which excluded seven townhouse developments from the traditional curbside garbage collection, four or five residents of Candlewood Lane and Highmeadow Park have called him to protest their loss of traditional garbage collection, which they have enjoyed for many years, as this will create an undue burden for the old and, in one case, a disabled veteran; and asking that (1) staff examine the possibility of the City taking ownership of the townhouse streets so that garbage collection may become lawful; and (2) staff report to Council on the location of the collection points, and the distance from the furthest home in each subdivision. Mr. Robichaud explained that, as most townhouse developments do not front on municipally-owned streets, the City has basically been providing doorstep service, rather than curb service in the townhouse developments concerned, which was contrary to the Garbage By-Law, and that the recently-enacted amendment will provide for the establishment of central collection areas within townhouse developments; and that central collection points have been established in Highmeadow Park, Leighside Park and Woodside Park and, in two instances, these have been operating with 82-757 COMMON COUNCIL JANUARY 21, 1991 essentially no concern and good results for a year; and advised that staff will be meeting with the remaining townhouse associations in the spring to establish central collection points within the other townhouse developments. Mr. Robichaud also advised that the eight centrally-located collection points in Highmeadow Park are significant so that, essentially, any individual homeowner does not have to travel far to deliver garbage to a central collection point, and that the City will provide the same service as in the past until appropriate meetings are held with the various townhouse associations and agreement is reached as to the central location points. (Councillor Fitzpatrick withdrew from the meeting during the above discussion.) On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the above letter from Councillor Knibb be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that as recommended by the Nominating Committee, (1) Terrence W. Hutchinson be appointed to the Planning Advisory Committee for a term to expire December 31, 1993; (2) Daryl Wilson, Commissioner of Finance, be appointed as the City's representative on the Bi- Cap/MSC Advisory Board; and (3) Councillor Fitzpatrick be appointed to the Steering Committee pursuant to the Development Opportunity Identification Assistance component of the Canada/New Brunswick Cooperation Agreement on Urban Economic Development. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Landers RESOLVED that the letter from the Preservation Review Board expressing support of the preservation and restoration of the Old Burial Ground, and advising that it looks forward to working with the committee that has been established to ensure that the components of the Old Burial Ground, such as tombstones, landscaping and paths, are restored sensitively and in keeping with the character of this significant City centre public space -- be received and filed. (Councillors Fitzpatrick and M. Vincent re-entered the meeting.) Mr. Taylor, in noting that the above matter is under the auspices of the Parks Department and involves the Planning Department and the above Board, advised that there is a representative of the City Manager's Office also on the committee, and that an attempt is being made to determine funding sources to begin the rehabilitation process. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from the City Manager advising that, further to the reference at the January 7 Council meeting to the condition of the building at 26 Exmouth Street, this building was fire damaged to more than 50% of its value in a fire on October 13, 1990 and that, although the owner started to demolish this building in November having been forwarded a notice by the City on October 17, no demolition permit existed and the owner was directed to stop until a demolition permit was issued; also advising that, as this property has not been demolished, staff will be taking action pursuant to the Saint John Building Act 1925 to 82-758 COMMON COUNCIL JANUARY 21, 1991 bring the issue to Common Council for its consideration; and concluding that, when the City demolishes properties pursuant to the 1925 Act, the owner is billed for costs of demolition -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the memorandum from FCM submitting a communique on radio licence fees; advising that, while the Federal Government considers the matter of licence fees municipalities must pay for radios used in police, fire and other emergency vehicles, closed, FCM does not and that the March 31 deadline provides both FCM and the Minister of Communications an opportunity to reconsider the implications of this unjustified levy; expressing the opinion that a concerted effort by the municipal world at best might result in a negotiated agreement and, at worst, Federal ministers would be more conscious in future about similar policy decisions affecting municipalities taken without consultation or negotiation; urging municipal ministers to write to the Minister of Communications and to seek the support of their local members of parliament in this effort; and submitting a sample letter and a copy of a press clipping regarding this subject, with the request that a copy of Council's correspondence to the Federal Government on this subject be sent to the FCM Secretariat -- be referred through the City Manager to the Commissioner of Finance for a report to Council. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that the schedule of Council meetings from January 14 to April 29 be received and filed and approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from the City Manager advising that an inspection of 101 Kennedy Street, which was identified as unsightly during the January 7 public hearing of a Municipal Plan amendment and re-zoning of the property, has revealed that a small building and a boat have been located in a portion of Kennedy Street adjacent to the water, and that, while the properties are not unsightly, the Building and Technical Services Department has sent notice to Mr. Carpenter to remove the shed and boat from the street right-of-way; and also advising that Property Management indicated that negotiations were conducted with Mr. Carpenter to exchange land so he could acquire this portion of Kennedy Street but agreement could not be reached -- be received and filed. 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 January 7, 1991, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, 82-759 COMMON COUNCIL JANUARY 21, 1991 Flewwelling, Knibb, Landers, Rogers and A Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the Nominating Committee, Henry Meinhardt, Murray Zides, Anne Byrne and Martha Edwards be appointed to the Board of Commissioners of the Saint John Free Public Library for a three-year term effective January 1, 1991. 2. That as recommended by the Nominating Committee, C. Dwight Allaby, Douglas Chase and Lloyd Goldsmith be appointed to the Saint John Parking Commission for a term of two years effective January 1, 1991. January 21,1991, 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 Seconded by Councillor Rogers RESOLVED that section 2 of 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 January 14, 1991, 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, (1) title to Lots PL-2, PL-3 and PL-4 on Mountfield Crescent be accepted with taxes owing for 1988, 1989 and 1990 providing one-half the penalties are paid by the owners on transfer of title; and (2) the cheque for $845.99 from Vicmaur Ltd. be deposited in the City's account to be applied against the outstanding taxes upon transfer of title. 2. That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute the submitted Letter of Agreement with C.U.P.E. Local 18, with regard to the contracting out issue. 3. That as recommended by the City Manager, Council approve a one-time grant of $500 to Saint John Hearing Society Inc. January 21,1991, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb 82-760 COMMON COUNCIL JANUARY 21, 1991 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 Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried with Deputy Mayor Gould and Councillor A Vincent voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, Council examine the Zoning By-Law and Municipal Development Plan to review the approval process for pits and quarries and request staff to make recommendation concerning, among other things, requiring are-zoning process prior to establishment of a new pit or quarry in the City. Councillor M. Vincent asked if there is a definition for and a difference in a pit and a quarry to which Mr. Bedford replied that the Legal Department, in dealing with this issue as processed through the Planning Advisory Committee, has dealt with the issue of pits and quarries, but the definition of one or the other was not important in the analysis on the basis that the issue in the By-Law is extraction and, in this particular case, a pit or a quarry was in fact extraction; therefore, the definition at this time does not playa part and the Committee is now trying to move on and clarify the By-Law as a whole so that in the future the issue can be clarified for all concerned. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Lewis Glenn, an employee of the Works Department, in accordance with section 9(1) of the City of Saint John Pension Plan, 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 Knibb Seconded by Councillor Landers RESOLVED that as recommended by the Board of Trustees of the City of Saint John Pension Plan, Council approve the retirement of Mr. Ronald McGrath, an employee of the Police Department, in accordance with section 9(1) of the City of Saint John Pension Plan, the Board having 82-761 COMMON COUNCIL JANUARY 21, 1991 been supplied with the required medical reports as to his permanent disability. Councillor Knibb expressed concern about the number of City employees retiring under disability in that, in his opinion, the City is a safe and reasonable place in which to work, and he suggested that action should be taken not only because of the effect on the Pension fund but also that the City wants healthy employees to work through until retirement age. Mr. Wilson confirmed that the above persons are retiring under section 9(1) which is non-job related disability, and advised that not many employees retire under section 9(2) of the Act which deals with job- related disability. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the letter from the Loyalist Day (May 18th) Observance Committee asking the City to nominate two or more citizens to act on the Committee as representatives of the City -- be referred to the Nominating Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the application of Mr. Rashida Memon for the re-zoning of 1660 Manawagonish 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 March 4, 1991. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the New Brunswick Rugby Union advising of the forthcoming tour to Canada of the Scottish National Rugby Team and that the Team will play one of its four games in Saint John on May 25 at the Canada Games Stadium; and also advising that this game is a high priority for both Canada and Scotland in preparation for the World Cup to be held in the fall of 1991 -- be received and filed and the Rugby Union congratulated in this regard. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from Prude Inc., a non-profit organization that sponsors the Immigrant Settlement and Adjustment Program and Host Program as well as various other projects, advising that it would like to be considered for such privileges as complimentary sleigh rides offered to charitable organizations by the City at Lily Lake, and that a tentative date for a sleigh ride has been set for February 15; and asking for any help in this matter -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the letter from the Cities of New Brunswick advising that, in accordance with the Resolution Procedures for the Cities Association, resolutions for consideration at the general meeting of the 82-762 COMMON COUNCIL JANUARY 21, 1991 Association are to be forwarded to the Office of the Executive Director by February 3 -- be referred to the City Manager for preparation of resolutions for Council's consideration. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Saint George's Society requesting Council's consideration to naming a street in its honour -- be referred to the City Manager. Councillor Knibb suggested that, rather than change a street name which would require address changes for its occupants, it is possible that there will be a street in the area of the proposed civic centre development on which there are no residences. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that the letter from the Head of Ministerial Correspondence and Parliamentary Returns, Office of the Solicitor General of Canada, acknowledging Common Council resolution of November 26, 1990, concerning the Parrtown Correctional Centre, and advising that this correspondence will be brought promptly to the Minister's attention -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk