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1992-03-02_Minutes 83-387 COMMON COUNCIL MARCH 2, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the second day of March, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors 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; P. Groody, Commissioner of Human Resources; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; J. Baird, Manager - Development Division; P. Asimakos, Planner; B. Malone, Planner; D. Sherwood, Chief of Police; R. Johnston, Deputy Fire Chief; G. Tait, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Fred Farren of Saint John Four Square Gospel Church, offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that minutes of the meeting of Common Council, held on February 24, 1992, be approved. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that minutes of the meeting of Common Council, held on Tuesday, February 25, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed (a) March 1992 to be Epilepsy Awareness Month, and Sylvia Borsic, Coordinator of Epilepsy New Brunswick, addressed Council in this regard; (b) March 2 to 6 to be Social Work Week; (c) March 1992 to be Red Cross Month; (d) March 8 to 14 to be YM-YWCA Red Triangle Week, and David O'Brien, Publicity Director, highlighted the activities for the week, including the Red Triangle Dinner to be held on March 12 at which Her Worship Mayor Wayne and Dr. G. Forbes Elliot will be presented the Red Triangle Awards in tribute to their service to the "Y" movement and the community. The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located between Highway 177 (Martinon By-Pass) and Highway 7, having an area of approximately 43 acres and identified as NBGIC Number 296384, from "RF" Rural to "RR" Rural Residential classification, to permit the creation of a 27-lot subdivision for development with one-family dwellings using "Rural Residential" standards, as requested by Clark and Sherry Palmer and S. Lyle and Joanne Wiggins, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report, as well as copies of letters from adjoining property owners expressing concerns with respect to the use of individual septic tanks and the potential pollution risk, considered at its February 25 83-388 COMMON COUNCIL MARCH 2, 1992 meeting at which the applicants, Sherry Palmer and Lyle Wiggins, requested that the Committee either approve the application as submitted or table it, and no other persons were in attendance either in favour of or in opposition to the proposed re-zoning; advising that, because of winter conditions and the need for a more critical and detailed on-site examination by both Health and Environment, resubmission to Council is not expected to occur in the immediate future; and recommending that the public hearing be held as advertised but that no decision be made in order to allow an opportunity for the Department of Environment and the Department of Health to carry out more detailed site examinations and for the applicants to explore the possibility of other development options. On motion of Councillor M. Vincent Seconded by Councillor A. Vincent RESOLVED that as recommended by the Planning Advisory Committee, no decision be made with regard to the proposed re- zoning of a parcel of land between Highway 177 (Martinon By-Pass) and Highway 7 (NBGIC Number 296384), in order to allow an opportunity for the Department of Environment and the Department of Health to carry out more detailed site examinations and for the applicants to explore the possibility of other development. Councillor Flewwelling asked if the proximity of the proposed development to Highway 7 would prohibit the expansion of the Highway to four lanes, to which Mr. Bedford advised that this issue will be considered in a final recommendation to Council. 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 57 Eldersley Avenue (NBGIC Number 55055800), located on the easterly side of Eldersley Avenue near its intersection with the Loch Lomond Road and having an area of approximately 21 acres, from "RS-1" One- and Two-Family Suburban Residential to "RR" Rural Residential classification, to permit the creation of a seven-lot subdivision for development with one-family dwellings to "Rural Residential" standards, as requested by Mr. Kevin Steele, and that no written objections were received in this regard. No person was present to speak in opposition to or in favour of the proposed re-zoning. Consideration was given to a letter from the Planning Advisory Committee advising of its adoption of the recommendation in the submitted Planning Department report considered at its February 25 meeting at which the applicant was in attendance and no letters from neighbouring property owners in favour of or against the proposal were received; and recommending that an approximately 41684 square metre (10.3 acre) portion of a parcel of land located on the easterly side of Eldersley Avenue near its intersection with the Loch Lomond Road, having an area of 21 acres and also identified by civic number 57 Eldersley Avenue, also identified by NBGIC Number 55055800 and illustrated on the submitted drawing, be re-zoned to "RR" Rural Residential classification. 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 an approximately 41684 square metre (10.3 acre) portion of a parcel of land at 57 Eldersley Avenue (NBGIC Number 55055800), located on the easterly side of Eldersley Avenue near its intersection with the Loch Lomond Road and having an area of approximately 21 acres, from "RS-1" One- and Two-Family Suburban Residential to "RR" Rural Residential 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 of the City of Saint John. 83-389 COMMON COUNCIL MARCH 2, 1992 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 an approximately 41684 square metre (10.3 acre) portion of a parcel of land at 57 Eldersley Avenue (NBGIC Number 55055800), located on the easterly side of Eldersley Avenue near its intersection with the Loch Lomond Road and having an area of approximately 21 acres, from "RS-1" One- and Two-Family Suburban Residential to "RR" Rural Residential classification, be read a second time. Councillor M. Vincent asked that staff address, in more detail prior to third reading, the Building Inspector's comment, as indicated in the submitted Planning report, that special care should be given to drainage both common and on the lot, given the low nature of the land; to which Mr. Bedford replied that staff is aware of potential drainage problems in the area, and that the design of the subdivision, in fact, reflects this as indicated by the large lots at the far end of Eldersley Avenue, and also that septic tank permits, when the lots are finally created, will not be issued until a very detailed evaluation is done on each property. 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. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the North End Renewal Scheme which was adopted by Common Council in 1973, pursuant to Section 39 of the Community Planning Act, with respect to an area of land at 160 Chesley Drive (NBGIC Number 426130), to permit the development of a new naval reserve facility, as requested by the Department of National Defence, and that a letter from the Fort LaTour Development Authority was received, along with a letter from Mark Cougle and a petition of twelve signatures (copies of which were distributed to Council members at this meeting), in objection to the proposed amendment. Consideration was also given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report considered at its February 25 meeting at which the applicant was represented by Sub-Lieutenant John Bell of the National Defence Headquarters in Ottawa who indicated his agreement with Planning's report and recommendation and that the routing of the pedestrian walkway may be possible through the site between the main building and the boat house; advising that Mr. Eric Teed and Mrs. M. A. MacDonald spoke in opposition to the proposal, both on behalf of the Fort LaTour Development Authority, and that the Committee's recommendation ensures that the Fort LaTour site is not part of the proposed Naval Reserve site and that provision would be made for the pedestrian walkway system through the subject site; and recommending that Common Council amend the North End Renewal Scheme, as adopted by the Section 39 resolution on July 3, 1973, to permit the development of the proposed naval reserve facility as proposed, on the condition that: (1) the proposal be developed in accordance with the detailed plans to be approved by the Development Officer prior to the building permit approval; (2) the detailed plans mentioned in (1) shall include parking area, access, landscaping, signage, and a pedestrian system to be located between the main building and the boat house and to travel along the Harbour at the eastern side of the site; (3) all agreements with respect to the 80-foot road allowance and lands to be leased for parking under the Bridge, are executed and registered with the property prior to building permit approval; and (4) the amendment shall be limited to that portion of the subject site bounded on the north by the future Chesley Drive extension and on the east by the Harbour Bridge structure, and the amendment shall also include any portion of the subject site under the Harbour Bridge structure which may be used for parking. Mr. Eric Teed, Chairman of the Fort LaTour Development Authority, appeared in support of the above-mentioned written objections from the Authority and the petition of twelve members of UNBSJ; explained that the reason for his presence at this meeting is to some degree a matter of frustration in that the Authority has had a somewhat long history with various degrees of support and non-support; and noted the 83-390 COMMON COUNCIL MARCH 2, 1992 presence in the Council Chamber of Authority members. Mr. Teed raised a preliminary objection that the proceedings of this public hearing may be improper due to the indication in the public notice that it is the intent to amend the North End Renewal Scheme adopted by Common Council in 1973, pursuant to Section 39 of the Community Planning Act, in that it is his understanding that, while there was no North End Renewal Scheme adopted in 1973, there was a North End Urban Renewal Scheme adopted by Council on October 23, 1972, but it was not adopted pursuant to Section 39, but rather under the Municipalities Act; therefore, it is his submission that the proceedings are void and null and not in conformity with the Act; and that the Authority is not waiving its rights to challenge this proceeding. Mr. Teed commented on the history of the Fort LaTour site, as outlined in the previously-submitted Proposal for Development, which, to make economically viable, would require adjoining property, more than the actual Fort grounds, as well as Council's 1972 adoption of the North End Urban Renewal Scheme which referred to the development of the Fort LaTour site and environs; and also commented on the Authority's February 1986 presentation to Council of a Position Paper on the Development Concepts of Fort LaTour as a major tourist attraction. Mr. Teed referred to the concepts put forth by the various sources of input to the Planning Department's report to the Planning Advisory Committee, which he suggested do not really mean very much and, with respect to the proposal, asked what visibility and waterfront have to do with a naval training station and barracks if it removes or prevents development of a major attraction. Mr. Teed expressed the opinion that, while other sites may not be as desirable to the applicant in that they may not have as much visibility or be on the bus line, the naval training station could be located elsewhere; compared the ten or twelve already-existing employees of the naval training station to a minimum of ten new jobs which would be created by the Fort LaTour development, with approximately 40 jobs in the summer which could possibly become permanent jobs; and also expressed the opinion that the applicant's proposed development of the site would literally destroy any real development of the Fort as a major economic, historical, multicultural site, in that it could not be developed in this manner unless there is ancillary land for parking and an interpretative centre. Mr. Teed requested that the application not be approved as proposed. The Mayor made the observation that, as indicated in the Planning Department's report, the location of the main building has been adjusted towards the water, to the satisfaction of the Department of Municipalities, Culture and Housing, to avoid artifacts which were discovered near the existing paved road towards the northerly end of the site. Deputy Mayor Gould referred to the indication in the Planning Advisory Committee's report to Council that staff indicated that the lands could accommodate the ancillary parking and an interpretative centre for Fort LaTour and asked if Mr. Teed is satisfied that the site would not accommodate both projects, to which Mr. Teed replied that it could not be accommodated, except in a very stilted manner. Mr. K. Krauter, General Manager and Chief Executive Officer of Saint John Port Corporation, spoke in support of the Department of National Defence proposal to develop a naval reserve facility for HMCS Brunswicker; and advised that the Corporation has been working with the Department in an endeavour to have its siting requirements met within the area of the Port of Saint John and involving two property matters, one involving the transfer of a Corporation water lot to the Department to provide for marine access and berthing for the naval reserve unit, and the other being the Corporation's intent to work with all parties in relocating the existing boat launch to an alternative location opposite Long Wharf at the junction of Smythe and Station Streets, such site, as he understands it, being agreeable to all users of the boat launch. Mr. Krauter expressed support for the relocation of the HMCS Brunswicker to its waterfront location on Chesley Drive as this project will provide a permanent prominent naval presence at a central location on the Saint John waterfront which, in the Corporation's view, enhances the naval prominence which Saint John has gained through the navy patrol frigates being constructed by Saint John Shipbuilding, and will provide a training area, berthing facilities and offices for ten full-time staff and approximately 150 naval reservists and also provide employment during the construction phase of the project and ongoing benefits for maintenance of the facility and the provision of various supplies by local companies, and as well will be an important addition to Canada's naval reserve capability and provide enhanced naval training opportunities to the youth of Saint John. Mr. Krauter requested Council's favourable consideration in this regard. 83-391 COMMON COUNCIL MARCH 2, 1992 During discussion Mr. Krauter advised that, early on in this project and in conjunction with the Department of National Defence, other sites in the Harbour area were considered, and that the Department is interested in a site with clear access to all of the Harbour and is convenient to ground transportation and of a central location, and that the site in question meets all of the Department's requirements; although other sites could have accommodated the project to a lesser degree. Sub-Lieutenant John Bell, from the Director of Reserves at National Defence Headquarters in Ottawa, appeared in support of the application; and explained that, with regard to the question about alternate sites, the basic Departmental criteria for the location of a naval reserve division includes that it be centrally accessible, of sufficient size to accommodate the building and its ancillary outbuildings and parking, and be visible in the City for the purposes of improvement and retention, and that, based on the Department's examination of upwards of eight sites in the Saint John area, not one site, other than the subject property, met all the criteria in the most effective manner. In response to Council queries, Mr. Bell advised that it would be the intent to proceed with the design and site adaption of a standard naval reserve building for approval, hopefully, shortly after Council's approval of the application, with the programming of the project to start in the 1994 fiscal year and, although this could be advanced or retreated according to the Government's priorities and spending, the current schedule and programming calls for substantial construction to be underway in 1994, with a completion date in 1995 or 1996; circulated photographs of the proposed building; and, with respect to Mr. Teed's observation about a pedway along the waterfront, advised that the Department has indicated its willingness to discuss pedestrian access across the site. The Mayor advised that the City Solicitor has brought to her attention that, as Mr. Teed has questioned the validity of this public hearing, the matter should be referred to the City Solicitor for one week so that he can address this question. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above matter be laid on the table for one week pending a report from the City Solicitor. Question being taken, the tabling motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to a proposed amendment to the Section 39 resolutions adopted on July 8, 1991 and August 6, 1991, with respect to the proposed Mercantile Centre at the intersection of Union and Mill Streets at 51-57 Union Street, to permit a revised development proposal for a multi-level office building with a minimum of 115,000 square feet of building area and an associated parking structure of at least 100 parking spaces, as requested by Saint John Mercantile Centre Limited, and that a letter was received from the Saint John Parking Commission in support of the Planning Advisory Committee's recommendation that a ratio of one space per 1,020 square feet be required and a project with 115,000 square feet provide a minimum of 113 parking spaces. No person was present to speak in opposition to or in support of the proposed amendment. Consideration was also given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department report considered at its February 25 meeting at which the applicant indicated that he had no difficulty with the recommendation and no letters were received, and no one appeared to express any objection; and recommending that the Section 39 resolutions of July 8, 1991 and August 6, 1991, be amended by adopting a new development proposal which would have a minimum floor area of 115,000 square feet and parking for a minimum of 110 vehicles with one additional parking space provided for each additional 1,020 square feet of space. 83-392 COMMON COUNCIL MARCH 2, 1992 On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the Section 39 resolutions of July 8, 1991 and August 6, 1991 relevant to the property at 51-57 Union Street at the intersection of Union and Mill Streets, be amended by adopting a new development proposal which would have a minimum floor area of 115,000 square feet and parking for a minimum of 110 vehicles with one additional parking space provided for each additional 1,020 square feet of space. Question being taken, the motion was carried. Public presentation was made of a proposed Municipal Plan amendment to redesignate on Schedule 2-A, the Future Land Use, a parcel of land located at 485 Lancaster Avenue (NBGIC Numbers 394825 and 55086235), from Low Density Residential to Light Industrial classification, to permit the conversion of the existing building for use as an awning business, as requested by Awning World Limited. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Councillor Rogers advising that she was shocked to learn from the District 20 School Board report, in response to the Excellence in Education discussion paper issued by the Provincial Commission studying the future of education in New Brunswick, that Saint John has the second-highest percentage in Canada of inner-city families with incomes at or below the poverty level; and asking that the City Manager make arrangements for representatives of the District 20 School Board to appear before Council to outline the report and to present possible ways in which the City can assist the School Board in alleviating this very devastating problem which, if not addressed, will have a serious effect on the social and developmental growth of the City of Saint John -- be referred to the City Manager to make arrangements for representatives of the District 20 School Board to appear before Council. The Mayor advised that she received earlier this date at her Office a copy of the above-mentioned report and that copies would be made available to the Council members, and that Anne Marie McGrath, District 20 Superintendent, will be contacted to determine who will represent the School Board before Council. Question being taken, the motion was carried. Councillor Knibb requested to withdraw from the agenda of this meeting his letter submitting the City Manager's report to the February 24 Committee of the Whole meeting concerning a reduction in the number of District Fire Chief positions, and suggested that Council consider at this time the City Manager's report, which is on the agenda of this meeting, regarding establishment changes in the Saint John Fire Department as it provides better background. Councillor Knibb noted the presence in the Council Chamber of a large delegation of Saint John Fire Fighters. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from Councillor Knibb regarding a proposed reduction in the number of District Fire Chief positions -- be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. Read a report from the City Manager quoting from the 1992 Budget report to Council with respect to budget constraints and two initiatives which affected the Saint John Fire Department, one relating to the reduction, through attrition, from eight to five District Fire Chiefs, the other concerning the tanker at Station #7 being put out of service, which reduced the Fire Department's budget by $80,000 for 1992; and 83-393 COMMON COUNCIL MARCH 2, 1992 stating that, with respect to the City's personnel establishment, a comprehensive review of staffing levels across the entire corporation will take place in 1992 and its objective will be to determine how the City might best control personnel costs, with the least possible negative impact on services, and to develop an implementation strategy for possible streamlining of the organization. The report explains that the community is changing in that many of the older and attached properties have been demolished and replaced with new structures which are built to higher Canadian Building Code standards thereby diminishing the risk of fire, and the Fire Department has changed in that senior management now includes the Chief, two Deputy Chiefs and eight District Chiefs, and that the Department can be effectively managed with five, rather than eight, District Chiefs; and also explains that, as it is possible to put out of service a back-up tanker at the Millidgeville Station in that recently-acquired equipment provides that water capacity will be maintained without this unit, this vehicle can be taken out of service with minimal effect on the Department's ability to provide effective fire protection, and that, as such action will eliminate the requirement to provide a driver for this vehicle 24-hours a day, seven days a week which equates to a cost-savings of four fire fighters, the proposal is to reduce the number of fire fighter positions from 146 to 142 through normal attrition. The report comments on the matter of the vacancy of one District Fire Chief position, and recommends that the number of District Chief positions in the Fire Department be reduced from eight (8) to seven (7). Mr. Brown highlighted the above report, noting that Council, in both the budget document and the establishment report, endorsed the reduction of the Establishment for part of the Fire Department; and explained that the purpose of the above report is to provide Council with all of the background which staff thought was necessary to revive the full context of the matter; and that it is important to appreciate that, with respect to the Fire Department, no layoffs of existing people were contemplated nor recommended nor approved, but rather it is the intent to reduce, where possible, through attrition. Deputy Chief Tait addressed the matter from the point of view of the task before the Fire Department, because of budgetary constraints, to re-examine its budget with a view to arriving at a budget that would meet the overall goals of the City as an organization, and the Fire Department's choice of an area where it was considered to have the least effect on fire protection in the City, being a reduction in the number of District Chiefs from eight to five; and explained that, while presently for the two City districts there are two District Chiefs on at all times and as it is recognized that it is essential to have an instant commander at structure fires, if the reduction is approved, there would be two District Chiefs on duty five days a week and one District Chief on twenty-four hours a day, seven days a week; and that, if there should be two working fires at one time, this situation would be covered off by the rest of management personnel who would be on call on a rotational basis; therefore, there would always be an instant commander at all situations. Deputy Chief Tait concluded that, based on that, it is felt that adequate fire protection would still remain in place for the citizens. On motion of Councillor Knibb Seconded by Councillor Davis RESOLVED that as recommended by the City Manager, the number of District Chief positions in the Fire Department be reduced from eight (8) to seven (7). Councillor Knibb asked that lay-off of the back-up tanker at the Millidgeville Station be addressed to which Deputy Chief Tait replied that, as this is a major area of concern and has to do with water supply for the outlying, or unserviced areas, he would prefer that a public teach-in be held so that not only Council but the public would fully have an appreciation for what is going to take place in the Millidgeville area. Councillor Flewwelling expressed the opinion that a reduction in the Establishment and equipment does not at this time seem to be justified when funding can be found to construct items which could be delayed for a period of time until the situation is better and that such funds could be used to keep people employed at this time. In response to Councillor M. Vincent, Mr. Groody explained that it had been recommended originally to Committee of the Whole that the decision be made to reduce the Fire Department Establishment directly from eight to five District Chief positions and the actual vacancies would occur through attrition; however, on the 83-394 COMMON COUNCIL MARCH 2, 1992 advice of the Solicitor, it was decided that staff should, for each vacancy, request Council to make the decision on reduction incrementally as opposed to all at once. Responding to queries of Councillor Rogers, Deputy Chief Johnston explained that one plan to fill the vacant District Chief position would be on an on-call basis by the Chief, the two Deputy Chiefs or possibly by the remaining District Chiefs, although this does not mean that changes may not be required as time goes by in that the system has to be tried and that, as a result of this trial-and-error period, by the time the second reduction occurs it should be known whether or not this plan is satisfactory; and Mr. Brown advised that he met with the Executive of the Union, at its request, at which time the matter of the reduction in the number of District Chief positions was discussed. Councillor Landers expressed the opinion that the citizens of the City require no less and, having taken issue with the indication in the above report that it was proposed to reduce the number of firefighters from 146 to 142 in that she could not recall or may have misunderstand this intent, asked how far into the future would the City accomplish a $350,000 per year saving as carrying out the action proposed at this time, the latter to which Deputy Chief Tait replied that there would be no way to know when this saving would occur if it is to be done through attrition, and clarified that the reference to three District Chiefs and the tanker at Millidgeville Station constituting four fire fighter positions has always been included in the report to Council. Councillor A. Vincent advised that he would not vote to reduce the City's fire protection service and that it is his intent to oppose the above motion, although he would ask that Council table this matter so that Council can have an opportunity to view the tanker in operation; and Deputy Mayor Gould made the observation that he has no way of knowing if management's effectiveness will be reduced with three less District Chiefs, although he supposedly has to accept the indication of the management of the Fire Department that this will not affect the management in any way, shape or form; however, he cannot nor will not support the removal of the tanker from the Millidgeville Station until he is absolutely assured that it will not effect those people residing in areas without hydrants. Councillor Fitzpatrick proposed that, because of the action taken in Committee of the Whole earlier this date on the letter from Local Union No. 771, I.A.F.F., it would be prudent at this time to table the above matter. The Mayor made the observation that Council, the City Manager and the staff spent many hours to see how cuts could be made in every department and yet keep every employee who had a job working, and suggested that the Fire Fighters should consider that the City, unlike Ottawa which reduced its fire stations and laid off 85 fire fighters, is building two new fire stations and all the Fire Fighters have kept their jobs and only through attrition did Council discuss any moves whatsoever. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that because of the action taken on the Local Union No. 771 's letter considered in Committee of the Whole earlier this date, the above matter be laid on the table until the outcome of the action is known. Question being taken, the tabling motion was lost with Councillors Flewwelling, Gould, Landers, Rogers, A. Vincent and M. Vincent voting "nay". Question being taken, the original motion was lost with Councillors Flewwelling, Gould, Landers, Rogers, A. Vincent and M. Vincent voting "nay". The Mayor suggested that it will now be necessary for Council to reconsider the 1992 budget. Consideration was given to a letter from Councillor Flewwelling asking to be informed of the total cost, to date, of the excavation for the Regional Exhibition Centre. Mr. Wilson advised that excavation costs to date total $454,000; and, in response to Councillor A. Vincent, Mr. Robichaud advised that he would submit a report to Council at the next meeting on the amount of fill that was put into the site. On motion of Councillor Landers Seconded by Councillor M. Vincent 83-395 COMMON COUNCIL MARCH 2, 1992 RESOLVED that the letter from Councillor Landers advising that, as Council may be aware, five Saint John athletes earned medals at the recent Canadian Special Olympics Winter Games, held in Saskatchewan; commending Bradley Thorne, Bill Judge, Margaret Daley, Ann Marie Hachey and Deborah Maillet for their endeavours and extending congratulations to them; and, on the basis that these individuals should be recognized in a more appropriate manner by the City, recommending that Council host a reception for them and their families, possibly in the Red Room at City Hall -- be received and filed and the recommendation adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificates, namely: 1. Contract 91-4, St. John Street and St. GeorQe Street, Water & Sewer Renewal QM Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated February 26, 1992 Final holdback release 2. Contract 91-21, Main Street and Kennedv Street Water & Sewer Renewal Dean Construction Limited Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 2, dated February 25, 1992 Partial holdback release 3. Contract 91-22, Rockwood Park Turnabout Road Construction Galbraith Construction Ltd. Original estimated value of work Total work done, Estimate Number 4 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 4, dated February 24, 1992 Partial holdback release. $415,985.00 363,389.52 Nil 291,277.15 72,112.37 4,717.64 $ 72,112.37 $433,029.00 93,404.97 10,680.00 74,973.40 7,751.57 507.11 $ 7,751.57 $206,955.00 173,138.45 1,700.00 145,549.62 25,888.83 1,693.66 $ 25,888.83 Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction 83-396 COMMON COUNCIL MARCH 2, 1992 progress certificate, namely:- 1. Contract 91-0825T - Mechanical UpQradinQ Fire Stations Numbers 4 & 8 Harold Peer Limited Original estimated value of work Total work done, Estimate Number 2 Retention Payments previously approved Sum recommended for payment, Progress Estimate Number 2, dated February 25, 1992 Final holdback release. $ 23,197.00 22,897.00 Nil 19,462.45 $ 3,434.55 Question being taken, the motion was carried. Read a report from the City Manager advising that, as part of the Orange Street Reconstruction Project, the Power Commission will, as in 1991, install the ornamental street lighting, including wiring and electrical work, between Wentworth and Orange Streets, at an estimated cost of $78,400, and the light bases and conduits will be installed in the road reconstruction contract at an estimated amount of $32,400; also advising that, when approving funding for this Project in 1991, $230,000 was allocated to it and that, based on considerably more information, this is revised to $287,000 including ornamental street lights; and submitting a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, a purchase order be issued to The Power Commission of the City of Saint John, at an estimated value of $78,400, for the supply and installation of ornamental street lighting on Orange Street. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Security Mechanical Ltd., in the amount of $34,882, be accepted for condenser replacement at the Charles Gorman Arena. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, the tender of Eddy Group Ltd., at a cost of $19,860, plus taxes, be accepted for the supply of hydrant parts. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that the report from the City Manager responding to the concern expressed in the Mayor's letter to Council on February 17 about the disposal of refrigerators as the refrigerant, Freon, which is a chloroflorocarbon (CFC), is harmful to the ozone layer; also responding to the indication in the submitted copy of an article from the January 16 edition of The Evening Times- Globe newspaper that White Refrigeration and Air Conditioning Limited took its plan and offer to remove CFCs from used fridges, freezers and air conditioning units stored at the Spruce Lake landfill to the Fredericton landfill as the City of Saint John was not interested; and recommending that staff continue to look for a way to remove the CFCs from the appliances at the landfill and that staff express to Fundy SWAT the need for a 83-397 COMMON COUNCIL MARCH 2, 1992 continuing program for CFC handling at the new solid waste facility -- be received and filed and the recommendation adopted. Deputy Mayor Gould suggested that a copy of the above report should be forwarded to the Editor of The Evening Times-Globe newspaper so that he will be aware of the type of information being related to the public. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Fitzpatrick RESOLVED that the report from the City Manager submitting a copy of the Acting City Manager's report to Council on March 18, 1991 outlining the process for the preparation of an Uptown Strategy containing five phases, as well as a chart indicating the refined Uptown Strategy process; advising that, as the business community needs to playa strong role in this process and as an initial step to investigate the interest of the business community, a presentation and request for comments has been made to both the Central Business Development Corporation and the Board of Trade, both which have agreed to participate on an advisory committee, and that the next step, after this presentation, will be to explain the process to several other interested groups as described in the Uptown Strategy process, and appoint an advisory group to provide advice to staff in the further direction of the Study; and recommending that Council receive and file this report, and continue the process to produce an Uptown Strategy -- be received and filed and the recommendation adopted. Mr. Bedford noted that, over the next month, the City will be addressing a variety of public organizations about the Uptown Strategy process and that it is the intent to update Council in this regard, and Mr. Malone, Policy Planner in charge of the project, outlined the process through a slide presentation. Question being taken, the motion was carried. Read report of the Committee of the Whole report (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 February 24, 1992, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Flewwelling, Knibb, Rogers and A. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the lease of Station Street property to the Saint John Parking Commission be amended by changing the rental to $600 per month in advance from January 1, 1992, on a month-to-month basis. 2. That as recommended by the City Manager, Common Council resolution of August 6, 1991, concerning an agreement with the Saint John Fire Fighters' Association to permit the establishment of a Fire Fighters Museum at 24 Sydney Street, be amended as follows:- (1) the term "normal maintenance" to be removed from Clause 3; (2) Clause 6 will be changed to read "The Association will be responsible for the janitorial work and decorating on the second floor and the portion of the first floor used for museum purposes. Janitorial work includes but is not limited to cleaning, replacing light bulbs and providing washrooms with required supplies. "; and (3) Clause 7 will be changed to read "The Association will be responsible for the operation of the museum and will make the necessary arrangements to have it open and staffed at reasonable times.". 3. That as recommended by the City Manager, Mr. Gary Byers be advised that the City is not prepared to sell the land on Riverview Drive Extension identified as PID 415984. 83-398 COMMON COUNCIL MARCH 2, 1992 4. That as recommended by the City Manager, Mr. Keir Adams be advised that the City is not prepared to lease or sell the land at the rear of his property at 42 Craig Crescent for construction of a garage. 5. That as recommended by the City Manager, the City acquire from Ben's Limited a municipal services easement of approximately 600 square meters over property on Old Black River Road identified as NBGIC Number 418913 for a price of $600, plus any legal or survey fees that are required to complete the transfer. March 2, 1992, Saint John, N. B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling 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 Flewwelling 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 Davis 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 the letter from the Organizing Committee of National Access Awareness Week - New Brunswick regarding its awards program whereby, every year, one individual, one municipality and one group/organization/company are recognized for their efforts to improve the opportunities for persons with disabilities; and advising that the final date for nominations for this program is April 30 -- be referred to the City Manager. 83-399 COMMON COUNCIL MARCH 2, 1992 Question being taken, the motion was carried. Read a letter from the Fundy Region Mayor's Association advising the five main points of its evaluation of the City of Saint John's presentation of its request for funding for the Regional Exhibition Centre, which covered a fiscal period of six years and referred to the estimated deficit balance for the operation of the Centre, with no capital funding request or repayment of any interest or principal suggested as part of the proposal; and suggesting that, as indicated in the submitted information reflecting its suggestions based on the numbers given it by the City, numbers given in the January 30 presentation, numbers estimated for population 1991, and on using the total area defined, (1) the Greater Saint John Region should take in the LSD areas as well as the incorporated municipalities, and the area involved should be similar to that defined by the Fundy SWAT group as the region in the funding centre venture; (2) all participants in the defined region to pay an equal amount toward the deficit; (3) the maximum deficit that the area outside of the City of Saint John would participate in would be set at $1,000,000 for the term of this agreement; and (4) there would be no participation for 1992. The letter also suggests that, as one major problem is time and that so much has to be done to get the councils, the Provincial Government, the LSDs together and everyone comfortable with the information supplied, the decision should be tabled until after the May 11, 1992 civic election; and concludes that the Association is unanimous in its assessment of this course of action and hope that its successors will carry on to keep the issue on the table until a final decision is reached. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the letter from the Fundy Region Mayors' Association regarding the City of Saint John's request for funding for the Regional Exhibition Centre -- be referred to the Lino Celeste Committee. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the notice from the Liquor Licensing Board advising that the hearing of the application of Elliott Brothers Convenience Stores Ltd. for a dining room and entertainment license for premises at 47 Loch Lomond Road is to be held on March 12 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from the West Side Days Committee requesting financial assistance for West Side Days to be held June 5, 6 and 7 -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that the letter from the Saint John Horticultural Association listing the persons elected at its annual meeting to the Rockwood Park Advisory Board as follows: Stephen Ashford, David Brown, Terry Hutchinson, R. R. Scarborough and E. L. Teed -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent 83-400 COMMON COUNCIL MARCH 2, 1992 RESOLVED that the memorandum from the Cities of New Brunswick Association advising that the deadline to submit resolutions to the 1992 Spring General Meeting, to be held in Fredericton on April 24 and 25, is April 10 -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Knibb RESOLVED that the letter from the President of the New Brunswick Free Speech Society For Public Justice requesting to appear before Common Council regarding several complaints against the librarian of the Saint John Free Public Library -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the application of First Revival Temple Inc. for the re-zoning of 273 Westmorland Road be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on April 13, 1992. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the letter from the Goals of Saint John Safe City Committee expressing support for the concept of neighbourhood policing and encouraging Council to put initiative into reality -- be received and referred to the Saint John Board of Police Commissioners. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that this meeting be adjourned. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". Common Clerk