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1992-02-17_Minutes 83-359 COMMON COUNCIL FEBRUARY 17, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the seventeenth day of February, AD. 1992, at 7:00 o'clock p.m. present Arthur L. Gould, Deputy Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, 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; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; D. O'Leary, Director of Economic Development; B. Morrison, Director of Parks; C. Campbell, Manager - Policy Division; J. Baird, Manager - Development Division; J. Bezanson, Heritage Planner; P. Palmer, Deputy Market Clerk; R. Russell, Superintendent of Rockwood Park; G. Tait, Deputy Fire Chief; J. McNamee, Assistant Deputy Chief of Police; Ms. M. Chaperlin, Planner; 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 M. Vincent RESOLVED that minutes of the meeting of Common Council, held on February 10, 1992, be approved. Question being taken, the motion was carried. (Councillor Fitzpatrick entered the meeting.) Deputy Mayor Gould advised that a facsimile letter of good wishes was forwarded earlier this date on behalf of the City to Saint John to Speed Skater Mark Lackie who is competing in the Olympics in Albertville, France. Councillor Knibb noted his attendance earlier this date at the designation of Saint John (Stone) Church as a national historic site, and Councillor Rogers, a member of the Preservation Review Board, commented on the schedule of events for Heritage Week which is being observed February 17 to February 21, with February 17 having been proclaimed as Heritage Day in the City of Saint John. Joann Claus of the Preservation Review Board appeared before Council and introduced the following winners of the Heritage Contest 1992 to whom Deputy Mayor Gould and Mr. Arthur Doyle, Publisher of The Evening Times-Globe newspaper, presented citations and monetary awards, respectively: in the KinderQarten CateQorv, five year-old Marc Johnson, Samantha Jones and Jean-Francois Carpenter of the Classe de Maternelle of Samuel-de-Champlain School, who drew their favourite buildings in Saint John and said what they liked best about them; in the Primary from KinderQarten to Grade 2 CateQorv, Vanessa Galbraith, a Grade 1 Student of St. John the Baptist and King Edward School, who drew the Cathedral as her favourite building; in the Grades 3 to 5 CateQorv for their essay about why their favourite old building in Saint John is special, first prize to Grade 4 Student of M. Gerald Teed School, Courtenay Cullinan, second prize to Grade 5 Student of Champlain Heights School Laura Anne Glynor, and third prize to Grade 5 Student of M. Gerald Teed School Jennifer Holburn; in the Intermediate Students in Grades 6 to 8 CateQorv who had a choice of writing about what different heritages have contributed to Saint John or why Saint John should keep its old buildings, first prize to Grade 6 Student of M. Gerald Teed School Stephanie McLennan and Grade 7 Student of St. Rose School Nickolas 83-360 COMMON COUNCIL FEBRUARY 17, 1992 McCaustlin, second prize to Grade 8 Student of Barnhill Memorial School Nick Steeves, and third prize to Grade 6 Student of M. Gerald Teed School Alan White. In announcing the winners of the Awards In Recognition For Excellence in Heritage Preservation, Mr. Bezanson presented slides depicting the preservation process relative to Orange Street, 33 Queen Street, 11 Orange Street and 80 Prince William Street, and Deputy Mayor Gould presented Awards to Stephen Carson as an advocate of heritage in Saint John and particularly for the leadership role played in the heritage designation of Orange Street, John Colwell in recognition of the sensitive reconstruction of the brick facade at 33 Queen Street, and Mary Galbraith for the sensitive rehabilitation work completed at 11 Orange Street as part of a long-term maintenance program, with no representative of Fullerton Music Studio present to accept its Award in recognition of its sensitive rehabilitation work completed at 80 Prince William Street with the assistance of the UEDA Cooperation Program. Provincial Archivist Marion Beyea was present at the meeting to present to the Preservation Review Board the American Association for State and Local History Award in recognition of the Board's leadership role in publishing and distributing the series of 12 Practical Preservation Guidelines to assist property owners to sensitively rehabilitate their buildings. Deputy Mayor Gould accepted the Award on behalf of the Board. The Common Clerk advised that the necessary advertising was completed with regard to (a) amending Schedule 5-A of the Municipal Development Plan by deleting the proposed fire station locations in the Church Avenue/Main Street West area and in the Nelson Vale District Centre, and designating a proposed fire station location in the Manawagonish Road/Manchester Avenue area; and (b) re-zoning a parcel of land at 41 Manchester Avenue (NBGIC Number 55072672), located on the west side of Manchester Avenue between Manawagonish Road and Scotiaview Drive, from "R-1A" One-Family Residential to "US" Utility and Service classification, to permit the construction of a fire station at 41 Manchester Avenue, and that no written objections were received in this regard. No person was present to speak in opposition to or in support of the proposed amendments. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report, one letter of support and one letter of opposition considered at its February 11 meeting at which the Director of Housing and Property Management and the Fire Chief attended in support of the above proposal and a resident of Westwood Terrace spoke in opposition to the proposal; advising that the Committee adopted Planning staff's recommendation, which included the granting of a variance to permit a driveway width of 22 metres (72 feet); and recommending that (1) Schedule 5-A of the Municipal Development Plan be amended by deleting the proposed fire station locations in the Church Avenue/Main Street West area and in the Westgate Park area (proposed Nelson Vale District Centre), and designating a proposed fire station location in the Manawagonish Road/Manchester Avenue area; and (2) a parcel of land on the west side of Manchester Avenue between Manawagonish Road and Scotiaview Drive, also having civic number 41 Manchester Avenue and NBGIC Number 55072672, be re-zoned from "R-1A" One-Family Residential to "US" Utility and Service classification, save and except a portion of the above-noted parcel having a frontage on Manchester Avenue of approximately 24 metres (80 feet) and depth of approximately 54 metres (180 feet), and located directly adjacent to 101 Manchester Avenue (NBGIC Numbers 55067342 and 55072680). On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 5-A of the Municipal Development Plan by deleting the proposed fire station locations in the Church Avenue/Main Street West area and in the Westgate Park area (proposed Nelson Vale District Centre), and designating a proposed fire station location in the Manawagonish Road/Manchester Avenue area, be read a first time. Question being taken, the motion was carried. 83-361 COMMON COUNCIL FEBRUARY 17, 1992 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 M. Vincent RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by amending Schedule 5-A of the Municipal Development Plan by deleting the proposed fire station locations in the Church Avenue/Main Street West area and in the Westgate Park area (proposed Nelson Vale District Centre), and designating a proposed fire station location in the Manawagonish Road/Manchester Avenue area, 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 Knibb Seconded by Councillor Fitzpatrick 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 41 Manchester Avenue (NBGIC Number 55072672), located on the west side of Manchester Avenue between Manawagonish Road and Scotiaview Drive), from "R-1A" One-Family Residential to "US" Utility and Service classification, save and except a portion of the above-noted parcel having a frontage on Manchester Avenue of approximately 24 metres (80 feet) and depth of approximately 54 metres (180 feet), and located directly adjacent to 101 Manchester Avenue (NBGIC Numbers 55067342 and 55072680), 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 M. 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 41 Manchester Avenue (NBGIC Number 55072672), located on the west side of Manchester Avenue between Manawagonish Road and Scotiaview Drive, from "R-1A" One-Family Residential to "US" Utility and Service classification, save and except a portion of the above-noted parcel having a frontage on Manchester Avenue of approximately 24 metres (80 feet) and depth of approximately 54 metres (180 feet), and located directly adjacent to 101 Manchester Avenue (NBGIC Numbers 55067342 and 55072680), 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 Fitzpatrick Seconded by Councillor Knibb RESOLVED that the above report from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. 83-362 COMMON COUNCIL FEBRUARY 17, 1992 On motion of Councillor Fitzpatrick Seconded by Councillor Flewwelling RESOLVED that the City Manager's recommendation concerning the acquisition of land on Adelaide Street (which was considered in Committee of the Whole earlier this date), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land at 12 Birch Street, West, (NBGIC Number 35238), comprising 40 feet of street frontage and 110 feet in depth, approximately 4400 square feet in area, from "R-1A" One-Family Residential to "R-4" Four-Family Residential classification, to permit the existing three-unit dwelling to conform to the City of Saint John Zoning By-Law, as requested by Mr. Peter A. Olsen, 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 at its February 11 meeting at which the applicant was present and no letters of objection were received, and recommending that the re-zoning of 12 Birch Street from "R-1A" One-Family Residential to "R-4" Four-Family Residential classification, be approved, subject to a Section 39 resolution limiting the use to a maximum of three dwelling units. Mr. Peter Olsen appeared in support of his application to respond to Council queries in this regard. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 12 Birch Street West (NBGIC Number 35238), comprising 40 feet of street frontage and 110 feet in depth and approximately 4400 square feet in area, from "R-IA" One-Family Residential to "R-4" Four-Family Residential classification, pursuant 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 Rogers RESOLVED that the by-law to amend the Zoning By-Law of the City of Saint John, insofar as it concerns re-zoning the property at 12 Birch Street West (NBGIC Number 35238), comprising 40 feet of street frontage and 110 feet in depth and approximately 4400 square feet in area, from "R-IA" One- Family Residential to "R-4" Four-Family Residential classification, pursuant 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 M. Vincent RESOLVED that the above letter from the Planning Advisory Committee be received and filed. 83-363 COMMON COUNCIL FEBRUARY 17, 1992 Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the conditions attached to the 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit the installation of an additional sign on the side of the building facing Chown Field Park, as requested by Atlantic Neon & Plastic Signs 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 at its February 11 meeting at which the applicant spoke in favour of the application and no other persons attended and no letters were received; advising that, after considering the matter, the Committee adopted the recommendation contained in the submitted report; and recommending that the application not be approved. Mr. Michael Orser of Atlantic Neon & Plastic Signs Ltd. appeared in support of the application on behalf of Zellers Incorporated for the addition to the Zellers' sign of the words "Because the lowest price is the law!", and, in noting other businesses in the Saint John area whose signs include words to make who they are very readily acknowledged and that Brunswick Square displays a sign that readily identifies its shopping centre, referred to the indication in the Planning Department's submitted report to the application of standards for shopping centers to Prince Edward Square because it resembles a shopping centre. Mr. Orser requested Council's approval of the subject application. Mr. Orser, in response to Councillor Coughlan, advised that, while the proposed sign is not as yet Zellers' standard sign, it is becoming more and more incorporated as many other cities have accepted it, and also that the proposed sign was in the formative stages when the Zellers sign had been approved for Prince Edward Square and, within two weeks of its placement, the proposed wording was put in as a corporate policy, and also that the owners of the Mall are supportive of the proposed sign. Councillor Landers questioned the need to include the additional words on the basis of her opinion that Zellers is recognized on its own. Councillor Coughlan asked if, on the basis that the Zellers sign is already approved, it is a matter of too many words on the proposed sign or if it is a matter of there being too many signs on the building to which Mr. Bedford replied that the policy for shopping centers permits signs to identify the name of the shopping centre as well as the major tenants with their own pedestrian access directly from the outside of the building and, in this case, Zellers is a major tenant in the mall and was given permission for its sign. Councillor M. Vincent asked the dimensions of the proposed sign and, if the size is in violation of the By-Law, to which Mr. Bedford replied that the size of the sign was not a major portion of the decision-making process in that the issue in this case is the additional wording separate and apart from the business. On motion of Councillor Knibb Seconded by Councillor A. Vincent RESOLVED that approval be given to amend the conditions attached to the 1972 re-zoning of Prince Edward Square, 20 Prince Edward Street (NBGIC Number 18275), to permit the installation of an additional sign on the side of the building facing Chown Field Park. Councillor Landers expressed opposition to approval of the above amendment on the basis that it could set a precedent for other such requests leading to the possibility of having too many signs on malls, and Councillor Coughlan indicated his intention to oppose the motion for the reason that Zellers' sign on Prince Edward Square makes it very obvious that it is located in the mall, and that both the Planning Department and the Planning Advisory Committee recommended that the application not be approved. Question being taken, the motion was carried with Councillors Coughlan, Davis, Fitzpatrick and Landers voting "nay". Councillor M. Vincent asked that staff review signage regulations in the 83-364 COMMON COUNCIL FEBRUARY 17, 1992 City for a recommendation on possible changes. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. (Councillor Rogers withdrew from the meeting.) Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use Plan, from Medium Density Residential to High Density Residential and District Centre Commercial classification, some or all of the following properties which in total cover an area of approximately 8.5 acres: 354 Main Street (NBGIC Number 370445),24-26 Douglas Avenue (NBGIC Number 368894),28 Douglas Avenue (NBGIC Number 368886), 36 Douglas Avenue (NBGIC Number 368878), 50 Douglas Avenue (NBGIC Number 368860), 56 Douglas Avenue (NBGIC Number 380329),60 Douglas Avenue (NBGIC Number 368852), 80 Douglas Avenue (NBGIC Number 368845), and Chesley Drive and Main Street (NBGIC Numbers 373613 and 369074), to permit the adoption of a specific proposal, using the "ID" Integrated Development Zone, which would include offices, commercial space, indoor and surface parking, condominium apartments and an urban inn, located in a variety of new and existing buildings on the subject site, as requested by Deans Hill Company Ltd. (Councillor Rogers re-entered the meeting.) Janice Harvey, Director of the project "The Bay of Fundy: A Case For Community Action", which is co-sponsored by the Conservation Council of New Brunswick and the Huntsman Marine Science Centre, and David Thompson were present in the Council Chamber to address the joint project, being a proposal to establish a coastal nature park at the mouth of the Musquash estuary in the western end of the City of Saint John, encompassing the Federally and Provincially-owned land at Black Beach near Musquash Head and the point of land at the head where the Musquash lighthouse is located. Ms. Harvey explained that the reason for proposing the project to Council is because of the concern about the loss of the pristine undeveloped coastline along the Bay of Fundy; and suggested that, as the City of Saint John encompasses a great area of coastline, the City is in an opportune position to be able to take some positive action on the question of maintaining a portion of the natural coastal heritage in this area. Mr. Thompson presented slides in an attempt to give Council a sense of the beauty and ecology of the area, including the native flora and fauna and the vistas; and Ms. Harvey concluded the presentation by requesting that the City of Saint John assist in the Black Beach Headland Park project by (1) maintaining the park land zoning of the designated areas; (2) providing a letter of support which would be used to further promote the idea; (3) urging the Provincial Government to agree to reserve its share of the property for the project and to acquire the Federal lands for the same purpose; and (4) urging the Federal Government to turn its share of the property over to the Province at no charge. (Councillors Fitzpatrick and M. Vincent withdrew from the meeting during the above presentation.) Ms. Harvey and Mr. Thompson responded to Council queries concerning the proposed Foundation to be established and perhaps ultimately own the park lands, and the supporting organizations, as referred to in the previously-submitted brief, as well as access to the Beach to which Mr. Thompson replied that, rather than utilize the road to the lighthouse which is owned by the Federal Department of Transport and the branch-off road to Black Beach which is owned by the Provincial Government as it is envisaged that they will not be there in the future due to degradation and general erosion, it is probable that a parking area would be put in place with a trail to access the Beach, and that the road to the Coleson Cove Plant, which is owned by the New Brunswick Electric Power Commission, is scheduled to be closed as the Department of Highways does not want too many access roads going onto #1 Highway, and that it is likely that access to the Beach would be the Provincial Government highway through the Village of Lorneville. Councillor Flewwelling asked if the delegation has contacted 83-365 COMMON COUNCIL FEBRUARY 17, 1992 the Fundy Trail group to which Ms. Harvey replied that she would be interested in discussing with the City's Tourism Department the City's proposal for a link to the Fundy Trail. Councillor Davis asked the type of support being given to the project by the groups named in the brief and what the next step will be to which Ms. Harvey replied that the request to the supporting organizations is to get involved in establishing a non-profit foundation and subsequently in fund-raising for a natural coastal, rather than a built, park. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the presentation by the Conservation Council of New Brunswick and Huntsman Marine Science Centre of a proposal to establish Black Beach Headland Park be referred to the City Manager for a report as soon as possible. (Councillors Fitzpatrick and M. Vincent re-entered the meeting.) Mr. Morrison advised that a report on the first phase of the Community Recreation and Open Space Study should be prepared within the next few weeks and that Black Beach is part of the inventory collected during the public meetings. Question being taken, the motion was carried. Mr. E.F. (Skip) Cormier, President of the Saint John Board of Trade, addressed Council relative to the Community Promotion Campaign undertaken by a Committee of the Board and City representatives, to encourage residents of Greater Saint John to recognize and appreciate community strengths and assets as positive in that, often in the City, too much emphasis is put on the negatives while overlooking many of the positive things going on the community; and advised that one of the first steps of the Campaign was the completion of a multi-media attitude campaign, and that, as in some cases the facts do not really support the perceptions, the Committee is very much concerned with the question of perceptions versus realities, which is one of the problems with which the Committee hopes to deal through the survey and other activities. Mrs. Linda Forestell, Chairman of the Community Promotion Committee, advised that the Committee consisted of 25 selected persons representing the education, tourism, manufacturing, sales, services and professional sectors of the community, and two City staff members, and that, as it was first necessary to identify the extent of the negative attitude which was said to exist in the Greater Saint John area, a public opinion poll of metro Saint John citizens was conducted by Corporate Research Associates Inc. to identify residents' views about the Greater Saint John area as a place to live and work and to do business, the survey consisting of telephone interviews with a representative sample of 400 Greater Saint John residents conducted during August 1991, and the questions asked were those with which the Committee members thought it could, if responses were found to be negative, do something about through some form of attitudinal change. Mrs. Forestell, through a slide presentation, highlighted the submitted report, "Saint John Area Image Study, 1991 ", prepared by Corporate Research Associates Inc., which concludes that Saint John is generally viewed positively as a place to live and is seen as a good place to do business, with the most important issues facing the Saint John area being related to problems of pollution and unemployment, with significant concern about personal safety and crime; and also that there is significant civic pride and a strong sense of community spirit apparent in the Saint John area, Saint John compares favourably with other cities in Atlantic Canada as a place to visit, and that satisfaction with living in the Saint John area differs somewhat among residents from different demographic groups; and recommends that: (1) the summary results be publicized throughout the Saint John area to build civic pride; (2) the survey findings be utilized in promoting Saint John to audiences elsewhere as a good place to visit, live and do business; (3) the survey be used to focus attention to the need for improved environmental quality in the Saint John area; (4) the needs of younger urban residents be addressed; and (5) tracking of public opinion be continued to evaluate progress and identify emerging issues. Mrs. Forestell concluded that there are many interesting facts contained in the submitted report, all of which indicate that there is no real attitude problem and that residents of the area appear to like living, working and doing business in Greater Saint John; and that the 83-366 COMMON COUNCIL FEBRUARY 17, 1992 Community Campaign Committee, while not having given up on the need for a multi- media attitude campaign, wants, instead, something that is more focused to target the negative areas very carefully, and will be meeting to ensure that those groups and organizations who can benefit from the results, or be helped in making any of the negatives less significant, actually get the information, and then the Committee will determine its final action plan. During discussion Mrs. Forestell clarified that the Board would like the City to use the survey to continue to publicize, where it can, the positive things and the Board, through its standing committees, will take a number of actions and will be working with the City in those areas, although the Committee has yet to finalize its action plan in order to make final recommendations; and, with regard to the City's approval of $50,000 to cost share with the Board of Trade a Community Promotion Campaign on the expectation that the Board would raise $50,000 for its 50% contribution to the Campaign, Mr. Cormier explained that, while he believes that the approximate $10,000 to $11,000 for the Saint John Image Study was funded by the City at this point, the Board has not yet raised its $50,000 as, having run a financial deficit through the greater part of 1991, it made a commitment that it would clear up its financial problems before funding-raising for this type of media campaign and, unfortunately as the City's year also ends in December, it is his understanding that the City was not prepared to carry the funding forward; therefore, the Board is not in a position to deal with this unless the City is prepared to re-instate the $50,000 in this year's budget and, if so, the Board would attempt to raise the matching amount; and he advised that, as the results of the survey were so much more positive than anticipated, it may be that there is no need for such a broad-based and large a campaign that was initially intended, although the Board may approach Council later for something, but in a much smaller vein. (Councillors Fitzpatrick and Knibb withdrew from the meeting during the above discussion.) On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the presentation by the Saint John Board of Trade of the opinion poll results of the Saint John Area Image Study, 1991, be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, (1) Common Council resolution of January 20, 1992, concerning the acquisition of property from Raymond and Janet Debly, be rescinded; and (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 following lands: (2.1) NBGIC Numbers 374892 and 378968 owned by Raymond Debly; and (2.2) NBGIC Numbers 374884 and 55012991 owned by Janet Debly. Question being taken, the motion was carried. (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that the letter from Mayor Wayne submitting a letter from the Chairman of the Air Atlantic Celebrity Golf Tournament asking that the fee for the use of the golf course be waived for this year's Tournament, the proceeds of which are for the New Brunswick Special Olympics Program -- be referred to the City Manager for a report to Council. Question being taken, the motion was carried. 83-367 COMMON COUNCIL FEBRUARY 17, 1992 (Councillor Knibb re-entered the meeting.) On motion of Councillor Coughlan Seconded by Councillor Fitzpatrick RESOLVED that the letter from Mayor Wayne submitting a copy of a letter from Mayor Leopold F. Belliveau, President of the Cities of New Brunswick Association, advising that he was informed, following a Cabinet Meeting on February 6, that the term of elected municipal representatives would remain at three years in that, after review of the request of the Cities of New Brunswick Association to extend the term to four years, it was felt that there was no real net benefit of changing the present legislation -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that the letter from Mayor Wayne suggesting that, in view of the problems with the hole in the ozone and recent information that the hole is become greater within a much quicker time space than anticipated by scientists, it is imperative that the City do what it can to correct these problems, and that she noticed in the news that Saskatchewan has a program that disposes of refrigerators and makes money at the same time; and asking that, as Freon from refrigerators creates problems for the atmosphere, this matter be referred to the City Manager and appropriate staff to look into what immediate steps should be taken for the disposal of refrigerators, as well as what is taking place in Saskatchewan, and what specific steps Fundy SWAT is recommending in this regard -- be referred to the City Manager. Deputy Mayor Gould, a Council representative on Fundy SWAT, advised that he would ensure that the above matter is presented to Fundy SWAT. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor A. Vincent RESOLVED that the letter from Councillor Flewwelling advising that, in reviewing the list of payment vouchers distributed to Council members at the last meeting, he found a number of items for which he would request a more detailed explanation at the next meeting in open session, and listing the items by page, voucher number, amount and remarks -- be referred to the City Manager for response. Mr. Wilson advised that reports of the above nature will be made available on a monthly basis and that he would prefer that Council members direct any questions to staff of the Finance Department who would undertake to find the answers and, if there were still questions, the department concerned would then be involved to obtain more background on why a particular expenditure was incurred. With respect to the suggestion that Council should adopt a procedure for inquiries of the above nature in view of the amount of staff and Council time that could be required to prepare and deal with reports in response, Mr. Rodgers expressed the opinion that Council should be careful about adopting a procedure, but rather should leave itself flexible so that Council can request information or individual Council members can ask questions of staff at any time, and that, with respect to laying down a procedure on how to deal with this matter forever into the future, it is unlikely that Council could anticipate the events that could cause it to alter the procedure from meeting to meeting. With respect to the amount of staff time required to prepare responses to the questions of the above nature, Mr. Wilson advised that, while the unknown is how many questions would be asked of staff, it would take approximately two hours of staff work to respond to forty or fifty questions similar to the above letter and it would be no problem to respond the following week. A motion was proposed by Councillor A. Vincent and seconded by Councillor Rogers to table the above matter for one week and Deputy Mayor Gould asked that the tabling motion be held to provide Councillor Flewwelling an opportunity to again address the item, whereupon Councillor Flewwelling advised that he would 83-368 COMMON COUNCIL FEBRUARY 17, 1992 accept a verbal response to his questions. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 91-2, McAllister Drive Street Construction Grove Construction (1986) Inc. Original estimated value of contract Total work done, Estimate Number 5 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 5, dated February 7, 1992 Final holdback release $337,015.44 324,446.68 Nil 275,779.68 48,667.00 3,183.82 $ 48,667.00 Question being taken, the motion was carried. Read a letter from the City Manager recommending adoption of the submitted resolution to formalize the City's line of credit with the Bank of Nova Scotia. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that (1) the Commissioner of Finance is hereby authorized to borrow on behalf of the City of Saint John (the Corporation) from The Bank of Nova Scotia (the Bank) from time to time by way of promissory note a sum or sums not exceeding at anyone time three million two hundred thousand dollars ($3,200,000) to meet current expenditures of the Corporation for the year 1992; (2) the Commissioner of Finance is hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the Corporate Seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; (3) the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; (4) the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the moneys hereafter collected or received on account or realized in respect of the taxes levied for current year and for any preceding years and all of the moneys collected or received from any other source; and (5) the City of Saint John establish a non-revolving term loan to bridge finance capital expenditures to a maximum of $8,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, the report commenting on Winterfest '92, with the Parks Department's suggestion being that, due to its success, the event be held again next year; submitting a financial statement reflecting a forecast developed prior to the event 83-369 COMMON COUNCIL FEBRUARY 17, 1992 and the actual statement anticipating a surplus of $487.80 -- be received and filed with appreciation to the corporate sponsors and Co-Chairmen P. Palmer and R. Russell. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the report from the City Manager commenting on the recommendations in the October 28, 1991 presentation to Council by the Housing Working Group, and recommending that Common Council (1) request the Province to provide information on the number of households on income assistance in the City, the reasons for the level, the steps being taken to reduce the number and what plans there are for increasing income assistance levels; (2) request Saint John Non-Profit Housing Inc. to update it on the status of its review of housing for non-elderly singles and to comment on the Housing Working Group proposal; (3) support the involvement of staff in the development of a landlord association; (4) consider meeting annually with the local Member of Parliament and MLAs to specifically discuss various housing issues; (5) request the Department of Municipalities, Culture and Housing to update it on the status of its program to improve the environment of its larger public housing projects in the City; (6) request staff to contact the Presidents of the Saint John Real Estate Board, Saint John Homebuilders Association and Housing Coalition to consider whether they wish to meet with Council on an annual basis to discuss housing related issues; (7) re-confirm, publicly, its commitment to ensuring the need for adequate and affordable housing is addressed including working together with all involved to best meet these needs; and that (8) a copy of this report be forwarded to the Housing Working Group and it be encouraged to continue its activities -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. Consideration was given to a report from the City Solicitor advising that Mr. Charles F. Whelly, Q.C., has requested that the property at 182-188 Sydney Street, which has for many years been used as a dwelling place, release the trust reserved in the deed dated June 4, 1816 which conveyed to Trustees, as the Committee of the General Assembly of the Church of Scotland, lands (containing (182-188 Sydney Street) "in special trust to and for the use and benefit of the Kirk of Scotland in the said City, and for no other or private use intent or purpose whatsoever (the trustees) being a committee for the erection and building of a meeting house or public place of worship for the use of such inhabitants as are of that profession."; also advising that, by lease dated February 2, 1903, the Trustees of Saint Andrews Church leased 182-188 Sydney Street to one Alexander M. Phillips, by deed dated April 21, 1965 the Trustees of the Church of Saint Andrew and Saint David of the United Church of Canada conveyed their freehold interest in 182-188 Sydney Street to Ethel M. Rowley, Widow, and the property is now owned by one Susan M. Fullerton; and recommending that Council grant Mr. Whelly's request by adopting the submitted resolution. Mr. Rodgers asked that, as he received earlier this date a call from the solicitor for the purchaser and so as to avoid having to bring the matter before Council again, the resolution refer to 180-188 Sydney Street, rather than 182-188 Sydney Street. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the Mayor and Common Clerk are hereby authorized, in consideration of the sum of One ($1.00) Dollar, to execute a quit claim on behalf of the City of Saint John in favour of Susan M. Fullerton for property at 180-188 Sydney Street. 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 83-370 COMMON COUNCIL FEBRUARY 17, 1992 The Committee of the Whole reports Your Committee begs leave to report that it sat on February 10, 1992, 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 the Mayor and Common Clerk be authorized to execute the proposed Budget of Estimated Expenditures for the fiscal year ending March 31, 1992, of the Saint John Harbour Bridge Authority, in compliance with the agreement among Canada, the Province of New Brunswick, the City of Saint John and the Saint John Harbour Bridge Authority, dated July 7, 1966. 2. That as recommended by the City Manager, the City surrender the repurchase option on the property at 9 Somerset Street by executing a quit claim deed in favour of Corporation 1906 Inc. 3. That as recommended by the City Manager, Common Council resolution of September 9, 1991 concerning sale of the fire lane to the rear of 632 Rothesay Avenue, be amended by adding the words "with the City to retain an easement over the lane to permit access to a water line. 4. That as recommended by the City Manager, Common Council resolutions of May 15, 1989, September 18, 1989, and October 30, 1989, concerning the closing and sale of a portion of Neptune Avenue, be rescinded. 5. That the report from the City Manager responding to recommendations in the submitted copy of the Community Workshops Committee second progress report, which was presented to Council in open session on October 28, 1991, with action on the recommendations requiring no additional monies, with the exception of recommendation (4) as no specific budget has been set aside to accommodate a Citizenship Day or an Open House in 1992 as suggested in this recommendation; and recommending that recommendations A through J, as set out in this report, be adopted by Common Council -- be received and filed and the recommendation adopted. 6. That as recommended by the City Manager, the position of Intergovernmental Affairs Officer be included within the 1992 Establishment; and the position of Executive Assistant to the City Manager be deleted from the 1992 Establishment. 7. That as recommended by the City Manager, the submitted job description for the position of Commissioner of Management Services be approved. 8. That as recommended by the City Manager, the position of Systems Manager in the Fire Department be assigned in the Establishment to the Finance Department (Data Processing Services) and that budget funds associated with the position also be transferred. February 17, 1992, Saint John, N.B., Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. 83-371 COMMON COUNCIL FEBRUARY 17, 1992 Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb 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 Fitzpatrick RESOLVED that section 4 of the above report be adopted. Question being taken, the motion was carried. 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 Fitzpatrick RESOLVED that section 6 of the above report be adopted. Councillor Fitzpatrick asked if the new position will be at the same salary range as the position being deleted from the Establishment, to which Mr. Brown replied that that is the intent. (Councillor M. Vincent withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Fitzpatrick RESOLVED that section 7 of the above report be adopted. (Councillor M. Vincent re-entered the meeting.) Councillor Flewwelling suggested that the standards for the proposed position appear to be high and asked why, as the City has engineers and planners on staff, in this case a person with a business degree is not being considered, to which Mr. Brown replied that the standards were set quite high because the expectations of the position are also high if the changes committed to Council are to be implemented and if the City is to proceed with the Corporate Plan initiatives as outlined in the budget approved by Council, and also to deal with a situation where the 1993 budgeting process will probably be as difficult, if not more difficult, than that faced in 1992 and it must be ensured that there are business plans for many of the functions, and that there are cost recoveries. Councillor Flewwelling asked what, when the Commissioner of Management Services performs all the tasks, would be left for the City Manager to do, to which Mr. Brown replied that the City of Saint John has, for the past fifteen years or so, had the position of Deputy City Manager, and there is no question that the amount of work that is directed to the City Manager's Office is of a very high volume, and that he has no fear at all that the City Manager will have plenty of work to do, and working at top capacity, after the position is filled. Councillor Knibb advised his intent to oppose the above motion on the basis that the City would be sending out the wrong message, 83-372 COMMON COUNCIL FEBRUARY 17, 1992 if it were to expand its bureaucracy by adding one further commissioner at a cost of between $65,000 and $75,000, at a time when the Federal and Provincial Governments are reducing staff. Question being taken, the motion was carried with Councillors Flewwelling and Knibb voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 8 of the above report be adopted. Question being taken, the motion was carried. (Councillor Fitzpatrick withdrew from the meeting.) Consideration was given to a letter from the Planning Advisory Committee referring to the application of Hughes Surveys & Consultants Ltd. on behalf of Louis Doucet for an amendment to the Section 39 conditions of re-zoning of 3840 Loch Lomond Road, which was the subject of a public hearing on March 18, 1991 and tabled pending the Committee's recommendation; advising that the applicant has had discussions with the Provincial Department of Environment and has modified his proposal to respond to concerns about the issue of potential pollution of Douglas Lake; submitting a copy of the Planning Department's report which deals with a modification of the original proposed Section 39 amendment, considered by the Committee at its February 11 meeting at which no letters of objection or representations were made in objection to the proposal; and recommending that Council amend its May 24, 1988 Section 39 resolution by: (1) permitting the creation of two additional lots (91-7 and 91- 8); and (2) allowing for the possible approval of a third additional lot (91-9) on condition that testing of the Douglas Lake water quality be carried out to the satisfaction of the Department of Municipal Affairs and Environment to verify that no contamination would occur from septic tank effluent and approval of the Department of Health with respect to septic tank and disposal field installation. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the Planning Advisory Committee, Council amend its May 24, 1988 Section 39 resolution regarding property at 3840 Loch Lomond Road by: (1) permitting the creation of two additional lots (91-7 and 91-8); and (2) allowing for the possible approval of a third additional lot (91-9) on condition that testing of the Douglas Lake water quality be carried out to the satisfaction of the Department of Municipal Affairs and Environment to verify that no contamination would occur from septic tank effluent and approval of the Department of Health with respect to septic tank and disposal field installation. Councillor Landers referred to Transport Canada's concern, as indicated in the Planning Department's report, about the noise factor in that Air Navigation Systems Requirements indicate that the proposal will lie within the 30-40 NEF noise forecast contours for Runway 14 of the Airport and this represents a noise intensity that is unsuitable for residential development; and asked if, to avoid serious complaints in this regard following completion of the project, it should be made clear to potential purchasers that they are in an area that will be affected by noise pollution from the Airport. Mr. Bedford replied that there is no formal process that makes the City responsible for providing the information of the noise contours to the Airport, and the City, at the present time is not usually asked and does not have a formal process for providing that information to future purchasers of the lots, although as with environmental issues related to water and regarding buffering, there is a process which could be introduced, if Council wished, which is to put a note on the plan stating that there is noise constraints on these particular lots. Moved in amendment by Councillor Landers Seconded by Councillor Coughlan RESOLVED that the above motion be amended to include that there has been concerns by Transport Canada that the 83-373 COMMON COUNCIL FEBRUARY 17, 1992 property lies within 35 to 40 NEF (Noise Forecast Contour) that is unsuitable for residential development. Mr. Rodgers, in making the observation that the Planning Advisory Committee is dealing with conditions to be attached, expressed the opinion that, based on his understanding of the Community Planning Act, there is no provision for statements and that what is being proposed in the above amendment is certainly not a condition that falls under a Section 39 amendment, and advised that he would be pleased to review the matter in a closer fashion to determine if there is some way to address the concern expressed by Councillor Landers as he does not believe, on the face of the issue, that the particular suggestion constitutes a valid condition to be added to the recommendation. Mr. Brown suggested that Council could table the matter for one week so that the matter could be explored. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table. Question being taken, the tabling motion was carried with Councillors Davis, Knibb and M. Vincent voting "nay". (Councillor Fitzpatrick re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the letter from Professor of Biology, Martin L. H. Thomas, of the Marine Research Group of the University of New Brunswick, expressing support for the proposal to create a park in the Black Beach-Musquash Head area, and to ask that the City also support this project -- 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 Mr. W. G. MacKay submitting his resignation as a member and Chairman of the Saint John Board of Police Commissioners, effective February 17, 1992 -- be received and accepted and Mr. MacKay be thanked for his service to the City. Councillor A. Vincent alluded to the possibility that Mr. MacKay's resignation is related to the recent Provincial appointment to the Board. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of Kin Kare Inc./Kinsmen Club of Saint John Inc. for an amendment to the Section 39 conditions of re-zoning of 125 Douglas 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 30, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from L. W. Mott, Local Chairman of the Organizing Committee of the Strathcona Cup Competition, 83-374 COMMON COUNCIL FEBRUARY 17, 1992 requesting that the City of Saint John consider giving a grant to help defray part of the cost of a reception dinner and entertainment on January 16, 1993 during the Scottish Curlers Maritime tour -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that the letter from Mr. Barry Sullivan asking Council to justify to the citizens of Saint John why, in its wisdom, it would award a contract for eel traps to a company in St. George when one of the local companies was within $4000 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that the letter from Trudy H. McAvity, Registered Dental Hygienist, advising that, further to her letter to Council on February 10 concerning the safety of fluoridation and Council's subsequent decision to have presentations on this issue, Dr. Scott Giffin, District Medical Health Officer for Saint John, would present the Health & Community Services opinion and the opinions of other experts who endorse fluoridation of a municipal water supply -- be received and filed and the Common Clerk arrange for Dr. Giffin to address Council at the same meeting as Dr. Apolles Ikejiani of Saint John Analytical Services Ltd. is scheduled to appear. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of Manford M. Thompson Construction Co. Ltd. for the re-zoning of the extension to Honeysuckle 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 30, 1992. 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