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1992-01-20_Minutes 83-316 COMMON COUNCIL JANUARY 20, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the twentieth day of January, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City Manager - Operations; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; S. Armstrong, Director or Engineering; S. Bedford, Director of Community Planning; D. O'Leary, Director of Economic Development; M. Jamer, Director of Works; J. Johnson, Building Inspector; J. Baird, Manager- Development Division; R. Adams, Appraisals Officer; R. Murray, Senior Transportation Policy Advisor; W. Edwards, Operations Engineer; D. Harvey, Superintendent of Sanitation; F. Arbo, Jr., Superintendent - Works East; J. Mcintyre, Manager - Staffing and Development; D. Sherwood, Chief of Police; J. McNamee, Assistant Deputy Chief of Police; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Her Worship the Mayor offered the opening prayer. On motion of Councillor Coughlan Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of the Common Council, held on January 13, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed January 20 to January 26 to be Jaycee Week in the City of Saint John in recognition of the Jaycees' valuable contribution to the community; and also proclaimed January 26 to February 1 to be VON Week in the City of Saint John and a representative of the Saint John Branch of The Victorian Order of Nurses addressed Council briefly and expressed appreciation to the City for its support of the VON. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED the Common Council of the City of Saint John forward letters of congratulations to Mr. Fred Hazel on his retirement as Editor-In Chief of The Telegraph Journal and The Evening Times-Globe newspapers, and to Mr. Robert Merzetti on his retirement as Managing Editor of the Roman Catholic weekly newspaper, The New Freeman. Question being taken, the motion was carried. With regard to an indication in the January 13, 1992 edition of The Evening Times-Globe newspaper that the Militia Headquarters in Saint John would be moving to Moncton as part of a total Department of National Defence restructuring, the Mayor advised of her receipt earlier this date of a facsimile letter from the Province of Quebec referring to the January 13 newspaper article and indicating that the Commander of Mobile Command, Lieutenant-General James Gervais, announced that, while several changes have been made in the Canadian Forces' efforts to restructure the army, no plans have been finalized concerning the Atlantic Militia area, and that, while several changes have been made to the Command structure of the Army in order to better suit the total Force concept, it is premature to discuss changes in the 83-317 COMMON COUNCIL JANUARY 20, 1992 formation of the Atlantic and Quebec Regions as the formal review process is still ongoing and the possibility of changes in these Regions are under study at this time, with any proposed plan of action to be presented to the Minister of National Defence, The Honourable Marcel Masse, at National Defence Headquarters in Ottawa, for his examination and discussion with his Cabinet colleagues. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that Her Worship the Mayor forward a letter to The Honourable Marcel Masse, Minister of National Defence, expressing Common Council's objection to any move from Saint John of the Militia, and that a copy of the letter be forwarded to the senior Federal Government officials. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting due to a possible conflict of interest.) 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 located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from High Density Residential to District Centre Commercial classification; and (b) re-zoning the same parcel of land from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, to permit the construction of an addition to the funeral home located on Waterloo Street, as requested by Fitzpatrick's Funeral Service Ltd., and that no written objections were received in this regard. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report considered by the Committee at its January 14 meeting at which the applicant's architect spoke in agreement with the staff recommendation, and no other persons were in attendance and no letters were received; advising that the Committee adopted staff's recommendation which included the granting of variances for yards, lot occupancy and parking in order to permit the development as proposed; and recommending that (1) the Municipal Development Plan be amended by redesignating on Schedule 2-A, from High Density Residential to District Centre Commercial classification, a parcel of land located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet; and (2) the same parcel of land be re-zoned from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification. Mr. Robert Boyce, Architect of MMC Architects Ltd., appeared in support of the above proposal and offered to respond to any Council queries. On motion of Councillor A. Vincent 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 located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from High Density Residential to District Centre Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor A. Vincent 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 83-318 COMMON COUNCIL JANUARY 20, 1992 Future Land Use Plan, a parcel of land located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from High Density Residential to District Centre Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time the by-law entitled, "A Law To Amend The Municipal Plan By-Law". On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law, insofar as it concerns re-zoning a parcel of land located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, 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. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the by-law to amend the Zoning By-Law, insofar as it concerns re-zoning a parcel of land located at 16-20 Richmond Street (NBGIC Numbers 12773 and 12781), having an area of approximately 5,000 square feet, from "RM-1" Three-Storey Multiple Residential to "B-2" General Business classification, 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. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the letter from Mayor Wayne referring to the provisions in the Zoning By-Law that relate to the location of liquor-licensed establishments, and suggesting an amendment to the By-Law, in view of the concern of citizens in West Saint John about the issuance of a liquor license, that would extend the provision to include a certain distance from community centres -- be referred to the City Manager and appropriate staff for input and a recommendation. Councillor Coughlan suggested that, as there could be activities in the community centres which use local licenses, the proposed amendment could be an impediment to some of the activities at the centres, and that staff should take this into consideration in its review. Councillor M. Vincent expressed concern that an amendment of the nature suggested could result in deterring a development, such as Deans Hill, to proceed, and asked the City Manager to obtain all available input prior to submitting his report to Council. (Councillor Coughlan withdrew from and Councillor Fitzpatrick re-entered the meeting during the above comments.) 83-319 COMMON COUNCIL JANUARY 20, 1992 Question being taken, the motion was carried with Councillors Fitzpatrick and Knibb voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a copy of a news release from The Honourable Jane Barry, Minister of the Environment, and The Honourable Marcelle Mersereau, Minister of Municipalities, Culture and Housing, regarding the appointment of the Commission on Land Use and the Environment; and asking that the City Manager update Council on the status of a brief to be prepared by the City to this Commission -- be received and filed and Council be kept informed. Mr. Brown advised that a staff committee has already been established with the intent of submitting to Council draft recommendations for review and submission to the Commission. (Councillor Coughlan re-entered the meeting.) Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne reporting on her trip to Digby, Nova Scotia, with Senior Transportation Policy Advisor Ralph Murray and Tourist Officer Shirley Elliott, at the invitation of the Annapolis Valley Affiliated Boards of Trade, to discuss opportunities for increased tourism between Annapolis Valley and the City of Saint John, and also to co-ordinate efforts in ensuring the continuation of a satisfactory Marine Atlantic service between the municipalities; and advising that a further meeting is being planned in Saint John within the next month to six weeks at which time several of the suggestions from the last meeting will be discussed and an action plan implemented, and that Council will be kept informed on future matters as they occur -- be received and filed. The Mayor advised that the Vice President - PEl & Fundy Services for Marine Atlantic gave assurance that the Digby Ferry would be in operation for the next five years, and noted that Council members, at a meeting earlier this date with the local MLAs, discussed the matter of signage on the Ferry, as well as the possibility of again placing a staff person on the Ferry as this presence is better than having only promotional pamphlets displayed. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Rogers RESOLVED that the letter from Mayor Wayne noting that the submitted copy of a press release by Saint John Shipbuilding Limited regarding job redundancies states that there are future requirements for corvettes, submarines and minesweepers; advising that she has been informed by the Province that this includes ice breakers as well; and recommending, on the basis that it is imperative that the Federal Government recognize the capabilities of the Shipyard as the most modern in the country as well as the need for continued contracts to keep the people working, that The Honourable Gerald Merrithew be requested to arrange a meeting with the Mayor, the City Manager and representatives of the Saint John Board of Trade immediately with the Department of National Defence to discuss further plans for the Shipyard -- be received and filed and the recommendation adopted, and that the Shipyard be represented at the meeting, preferably by Larry Armstrong, and that Local 3 Marine Workers also be represented at the meeting. Question being taken, the motion was carried. 83-320 COMMON COUNCIL JANUARY 20, 1992 Mr. Murray Jamer gave a slide and verbal presentation on the City's snow control procedures and, in commenting on the workforce, the four depots from which the service is provided and the type of equipment utilized, reviewed the priorities for snow control on City streets as follows:- (1) arterials, hospital routes and major bus routes; (2) collector streets and minor bus routes, including the main street in any given subdivision; (3) all other subdivision streets; and (4) dead-end streets and private roads. Mr. Jamer also reviewed the City's stated level of service for the respective priorities as follows:- (1) bare pavement 8 hours after the end of a storm; (2) bare pavement 16 hours after the end of a storm; (3) snow-packed pavement 16 hours after the end of a storm; and (4) snow-packed pavement 24 hours after the end of a storm, although severe conditions may not allow the attainment of this service level in all cases; and added that priority (1) and (2) streets are given more salt and sand to produce bare pavement; while the objective on priority (3) and (4) streets is to produce a surface suitable for driving, but certainly not bare streets. Mr. Jamer, in noting that he was specifically requested to address the matter of driveways being filled with snow during the plowing operations, stated that there is no realistic option to this, and explained that suggestions, including lifting the wing at each driveway, are not practical because it would mean bringing the piece of equipment to a complete stop at each driveway, and suggested that citizens could wait until the end of the plowing operation to clear their driveways so that they will not have to repeat this task several times. With regard to sidewalk snow control, Mr. Jamer advised that, of the approximate 180 miles of sidewalks in the City, only approximately 140 miles receive sidewalk snow control service, as the City does not have the necessary resources to provide the service to all sidewalks, and that the priorities for sidewalk snow control include the Central Business District, school and church zones, and other heavily-travelled pedestrian routes; and added that this service is very dependent upon snowfall accumulation, much more so than street snow control in that, even in heavy storms, streets receive same-day service; while, with a heavy snowfall, it may take three or four days to reach all of the sidewalks which the City services. Mr. Jamer also advised that the two principles involved in snow control are (1) when in doubt, the resources are called out, and (2) managing storms aggressively; and commented on some of the particular problems faced each year in snow control, including parked cars, the pushing of snow from private property onto City streets and sidewalks; and the occurrence of a storm beyond the City's resources. With regard to the cost of service, Mr. Jamer made the observation that the operation is very expensive in that salt and sand materials cost approximately $500,000 per year, with the Works Department's total budget for snow and ice control being approximately $1.8 million, and that the Supply and Services budget covers other major costs associated with the operation, such as vehicle maintenance or replacement; and advised that the personnel required for a full snow control response in the City is 104 persons, plus management staff, and, as is the case in some other cities, Saint John does not contract out its snow control service which results in higher fixed costs than most other cities which do contract out the service in that, even in winters where there is very little snow, there is a high cost associated with maintaining snow fighting resources; however, in very bad winters, the City of Saint John's costs do not escalate to the same degree as do costs in those cities which employ contractors. Mr. Jamer concluded that, in staff's opinion, the current balance between service and cost is appropriate. Discussion was with regard to how citizens would be aware that the snow plow was making its last run on a street so as to wait to clear out their driveways thus avoiding having them filled in again by the plow; the use of salt over sand and the City's use of the former in comparison to other comparable cities, such as Halifax which Mr. Jamer advised uses salt almost exclusively on its streets in the winter time, and that the City's salt usage rate is probably less than most other cities in the Maritimes; and the use of a device on the plows in order to clear out the end of driveways, which Mr. Jamer advised has become a very expensive part of snow control plans in areas where they are utilized and that he would not be able to recommend its use in Saint John without also recommending the provision of a major amount of money for snow control services in that the cost would increase dramatically, if it were necessary to slow down or actually stop the piece of equipment in order to provide this type of personalized service. Wilfred (Bill) Branscombe, Chairperson, and Keith MacManus, Past Chairperson, of the Saint John Ability Advisory Committee; Laurie Dolomont of the Saint John Hearing Society, Rose Misner and Robert LaBounty of the Canadian 83-321 COMMON COUNCIL JANUARY 20, 1992 National Institute for the Blind, Susan Fitzpatrick of the City's Recreation Department, and Stephen Chase of the Red Cross, were present in the Council Chamber; and Mr. MacManus, in addressing Council on behalf of the Committee, highlighted the tasks completed by the Committee over the past three years, as explained in the previously- submitted progress report, and requested that (1) Common Council officially adopt the Committee's submitted Mission Statement and Terms of Reference; and (2) a Councillor be appointed to sit as a member of the Committee in that a Council member would provide the Committee with more access to the City Manager and the general scope of City Hall, as well outside interests that might be able to assist citizens with disabilities, to provide input so that the Committee's short- and long-term goals can fit in with the Goals for Saint John, to ensure the Committee educational packages are distributed appropriately, and, with regard to the budget, assist the Committee in creatively looking at possibilities of raising funds this year so that there is funding to pay an interpreter at its own meetings. During discussion Mr. MacManus explained that, while there is funding available through the Provincial Translation Bureau of the Department of Supply and Service which recognizes sign language interpreters, application for such funding must be made through the City; and commented on the matter of parking in that it involves three issues, including municipally-designated handicap parking spots in the City and mall parking, and the actual signs, and violation enforcement by the Police Department, as well as the matter of Provincial stickers to designate two categories, permanent disability and temporary disability for a specific term requiring renewal/withdrawal at the end of the specific term; and, with regard to the cost of interpretation services, Mr. MacManus confirmed that the cost is approximately $100 a month to cover the meetings at a base rate of $25 per hour, and the Mayor advised that, upon receipt of budget information from the Committee, she would be pleased to approach the Minister of Supply and Services to seek funding for interpretation services. (Councillor Landers withdrew from the meeting during the above discussion.) On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that Common Council approve the Mission Statement of the Saint John Ability Advisory Committee as submitted, namely:- The Mission of the Committee shall be to advise, advocate and monitor the provision of barrier-free access and enhanced opportunity for all persons seeking full participation in community life; and the submitted Terms of Reference for the Committee as follows:- (1) to advise the Municipal Council, mainly through its boards and committees, on matters presently under consideration which affect persons with disabilities; (2) to bring to Common Council, matters identified by the Committee as requiring action by the municipality; (3) to work co-operatively with Civic departments, boards and committees, and community organizations by providing advice and information to ensure inclusion of all persons' needs in policy development and service delivery; (4) to monitor public and private programs to ensure that the needs of persons with disabilities are considered; (5) to ensure information on civic and community matters is available to all citizens; (6) to encourage and facilitate feedback from persons with disabilities on civic matters affecting access and participation in the community; and (7) to deal with any matters concerning persons with disabilities which may be referred to the Committee by Council. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Gould RESOLVED that the Saint John Ability Advisory Committee's proposed Long-Term/Short-Term Goals for the City of Saint John, as submitted, be referred to the City Manager. Question being taken, the motion was carried. 83-322 COMMON COUNCIL JANUARY 20, 1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely:- 1. Contract 91-12: Central Avenue, Dufferin Row - Water and Sewer Renewal Galbraith Construction Ltd. Original estimated value of contract Total work done, Estimate Number 3 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 3, dated January 13, 1992 Final holdback release 2. Contract 91-6, Spruce Lake Landfill, Chipseal Atlantic Colas Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 15, 1992 Final holdback release 3. Contract 91-18, Chipseal- 1991 Atlantic Colas Limited Original estimated value of contract Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated January 15, 1992 Partial holdback release $229,301.00 187,329.31 Nil 158,187.01 29,142.30 1,906.50 $ 29,142.30 $ 51,480.00 50,770.68 Nil 43,155.08 7,615.60 498.22 $ 7,615.60 $ 88,099.00 95,977.18 6,205.00 75,375.61 14,396.57 941.83 $ 14,396.57 (Councillor Landers re-entered the meeting.) Question being taken, the motion was carried. Read a report from the City Manager advising that one condenser must be replaced at the Charles Gorman Arena since it is no longer in working condition and, although the other condenser is now operating, it shows signs of serious deterioration and will have to be replaced in the near future, and the implications of having only one condenser in working order is that, if the second one fails, the Arena would lose the ice for the balance of the season; and also advising that the concrete foundations which support the condensers outside the Arena are cracked and need replacing as well, and the Parks Department suggests that all this work could be done at the same time. The report further advises that the estimated cost to supply and install the condensers and repair the foundation is $40,000, and that the Recreation Department generates approximately $12,000 each month for usage of the Arenas; and submits a recommendation in this regard. 83-323 COMMON COUNCIL JANUARY 20, 1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, $40,000 be approved to purchase and install two new condensers and to reconstruct the foundations of the condensers at the Charles Gorman Arena. Question being taken, the motion was carried. It was noted that the Chief of Police has requested that his letter concerning Constable John F. Richardson's request for a leave of absence be tabled for one week. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the above matter be laid on the table for one week. Question being taken, the tabling motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that the by-law entitled, "A By- Law To Amend A By-Law Respecting Water And Sewerage", with regard to rates, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "A By-Law To Amend A By-Law Respecting Water And Sewerage", was read in its entirety. 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 C.P. 101-11 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", with regard to the 1990 National Building Code, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 101-11 A By-Law To Amend A By-Law Respecting The Construction, Repair And Demolition Of Buildings In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Planning Advisory Committee submitting a copy of the Planning staff report considered at the Committee's December 17 meeting with respect to the proposed Building By-Law amendment; and recommending that Council adopt the submitted amendment to the Building By-Law -- be received and filed. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) 83-324 COMMON COUNCIL JANUARY 20, 1992 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 6, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) Common Council establish a Saint John Regional Exhibition Centre Interim Committee with seven members, and with the Mayor, the City Manager and the Commissioner of Finance serving as non-voting members; and (2) the Commissioner of Finance be assigned as the senior staff support until such time as a general manager is hired. January 20, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein 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 13, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That the following persons be appointed to the Saint John Regional Exhibition Centre Interim Committee: Bob Newdick, Bill Nugent, Bill Grant, Joe Flynn, Bill Gale and AI MacLean. 2. That the submitted Terms of Reference for the Saint John Regional Exhibition Centre Interim Committee be adopted. 3. That as recommended by the Nominating Committee, Starr Dashwood and Douglas Spinney be appointed to the Board of Commissioners of the Saint John Free Public Library for a term of three years. 4. That as recommended by the City Manager, the 1992 Establishment, as outlined in the submitted Establishment Summary, totalling 768 positions, be approved. 5. That with regard to the issue of the Canadian Atlantic Railway tunnel near the Reversing Falls Bridge, as discussed with Mr. Louis Murphy, M.L.A., Council adopt the recommendation of the City Manager that Mr. Murphy be informed: (a) of the current operational and safety standards in effect at the Douglas Avenue crossing; (b) Canadian Atlantic Railway operational standards are well within the Canadian Railway Operational Regulations for railway crossings, and that the Railway and Transport Canada are satisfied that proper safety standards are in place for passengers and vehicles who obey the warning signals; and (c) attempted removal of the rock wall on the northeast quadrant could impact on adjacent properties without necessarily 83-325 COMMON COUNCIL JANUARY 20, 1992 improving the safety of the crossing. 6. That as recommended by the City Manager, the City Solicitor or his designate be authorized to initiate and proceed with all steps necessary to expropriate from the owner or owners for the purpose of building a fire station the fee simple absolute title in and to the following lands: (1) NBGIC Numbers 374892 and 378968 owned by Raymond Debly; (2) NBGIC Numbers 374884 and 55012991 owned by Janet Debly; and (3) NBGIC Number 374439 owned by Bruce P. Polley. January 20, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. The Mayor asked that Marlene Vaughan be added to the list of persons to be appointed to the Saint John Regional Exhibition Centre Interim Committee, and that Henry Meinhardt, or his appointee from the Market Square Civic Centre Committee, be an ex officio member of the Interim Committee. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted: AND FURTHER that Marlene Vaughan be appointed to the above Committee and that Henry Meinhardt, or his appointee from the Market Square Civic Centre Committee, be an ex officio member of the Committee. Councillor Fitzpatrick questioned the appointment of Marlene Vaughan on the basis that her appointment was not approved in Committee of the Whole and asked if it is in order, procedurally, to appoint her at this time. The Mayor made the observation that a number of nominees were considered in Committee of the Whole on the basis that, if one person could not serve on the Committee, the next person, who was Marlene Vaughan, was to be asked to be on the Committee. Mr. Rodgers expressed the opinion that Council can proceed in the manner in which it is proceeding, if it so wishes. Question being taken, the motion was carried with Councillors Fitzpatrick and M. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor 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 Rogers RESOLVED that section 4 of the above report be adopted. Councillor Rogers questioned the intent to decrease the Fire Department establishment, as well as whether or not the ratio of Human Resources staff is appropriate to and necessary for the number of employees, to which Mr. Brown explained that, while it is the intent to reduce the number of positions in the Fire 83-326 COMMON COUNCIL JANUARY 20, 1992 Department by decreasing the number of District Chiefs from 8 to 5 and the number of firefighters from 146 to 142, this will be done through normal attrition; and Mr. Mcintyre, in indicating that the ratio is in order, advised that he is unable to respond at this time on whether or not the Human Resources staff complement is in keeping with other municipalities of the same size of Saint John. Councillor Rogers asked if consideration has been or will be given to combining the positions of Manager of Public Relations and Manager of Public Affairs to which Mr. Brown replied that it is envisaged that, in 1992, consideration will be given to the organization to ensure that, in the event that there may be any duplication, that is removed, and indicated that he had no specific comments on either of the two positions at this time. In response to Councillor Rogers' observation that the Parks Department has 48 positions of which 16 are of a supervisory nature, Mr. Robichaud explained that, while he could provide comments on the need for each position, the Parks Department more than doubles in the summer time in order to carry out the summer duties and, for example, the Superintendent of the Golf Course, who is involved in cross country skiing and other winter activities and is not involved in any summer maintenance of the Golf Course, would have a significant number of staff to supervise during the summer maintenance of the Golf Course. Councillor A. Vincent asked the manner in which the number of Fire Department retirees is known at this time to which Deputy Chief Tait replied that, while the number cannot be predicted, there is a number of District Chiefs eligible for pension and can retire when they wish, and confirmed that these positions will be deleted through normal attrition. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 5 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 6 of the above report be withdrawn from the agenda. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the City Manager's recommendations (which were considered in Committee of the Whole earlier this date), concerning the acquisition of land on Adelaide Street and on Metcalf Street, 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 as recommended by the City Manager, (1) the properties identified as NBGIC Numbers 374892, 378968, 374884 and 55012991 be acquired from Raymond and Janet Debly for a price of $47,500 including all costs; (2) the City Solicitor or his designate be authorized to initiate and proceed with all steps necessary to expropriate from the owner or owners, for the purpose of building a fire station, the fee simple absolute title in and to the lands described as NBGIC Number 374439 owned by Bruce D. Polley; and (3) the City initiate the necessary advertising for the re-zoning of the property shown on the submitted plan to permit the construction of a fire station, with the public hearing to be held on March 2, 1992. ((1) and (2) rescinded February 17,1992 )) 83-327 COMMON COUNCIL JANUARY 20, 1992 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the interest of Turnbull Real Estate Company in the land adjoining 194 Metcalf Street, shown as a Common Alley with an area of 1581.3 square feet, be acquired for a price of $2,100, relative to the construction of a new #5 Fire Station. Question being taken, the motion was carried. Consideration was given to a letter from the Planning Advisory Committee regarding Villa Ridge Estates - Phase 2 at 111 Westmorland Road, for which the Committee granted variances and established conditions to ensure that landscaping plans, grading plans and conveyance of the emergency access are included in the subdivision agreement, and requesting Council's authorization pursuant to Section 101 of the Community Planning Act to include these conditions; advising that the Committee also approved the street name of Derrick Court, and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, (1) the location of the street in Villa Ridge Estates - Phase 2 at 111 Westmorland Road be approved; (2) the sum of $8,800 be accepted as money-in-lieu of land for public purposes; (3) Council assent to one or more subdivision plans showing one or more phases and prepared in accordance with the submitted tentative plan titled "modified proposal" with respect to the proposed street and any necessary utility or municipal services easements; (4) Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services and compliance with the specified conditions of approval; and (5) Council also authorize the inclusion of conditions imposed by the Planning Advisory Committee in the City/Developer agreement to ensure: (a) a landscaping plan which includes the Trustees land between the buildings and the street, the screening of building block "B" and the traffic circle island; (b) a detailed grading plan indicating proposed ground elevations and surface drainage treatment; and (c) conveyance to the City of the 6.1 metre (20 foot) wide emergency access designated as Parcel "B" and development of this access provision with a 3 metre (10 foot) wide concrete surface. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application of Clark and Sherry Palmer and S. Lyle and Joanne Wiggins for the re-zoning of property on Highway 177, Martinon By-Pass, 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 2, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Kevin Steele for the re-zoning of property on Eldersley Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on March 2, 1992. Question being taken, the motion was carried. 83-328 COMMON COUNCIL JANUARY 20, 1992 On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letters from (a) the New Brunswick Chapter of the Canadian Criminal Justice Association; (b) the New Brunswick Criminal Law Section of The Canadian Bar Association; and (c) The Saint John Human Rights Association, expressing support of the position of the Elizabeth Fry Society in Saint John in its request for the establishment of a women's residential correctional facility in Saint John -- be received and filed. The Mayor made the observation that the above letters were submitted to Council in support of a presentation by the Elizabeth Fry Society in Saint John that had been scheduled for this meeting but that the Society was unable to make at this time, and the Common Clerk confirmed that the Society intends to make its presentation at a later date. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from the Kiwanis Club of Lancaster expressing support of the proposed Black Beach Park proposal, and going on record as being very much in favour of the development of this as a park area -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the application the Department of National Defence for a Section 39 amendment regarding the re-zoning of property on Chesley Drive 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 2, 1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk