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1992-03-30_Minutes 83-441 COMMON COUNCIL MARCH 30, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirtieth day of March, AD. 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent - and - Messrs. C. Robichaud, Acting City Manager; F. Rodgers, City Solicitor; D. Wilson, Commissioner of Finance; 1. Totten, Deputy Commissioner of Finance; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; P. Groody, Commissioner of Human Resources; S. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; D. O'Leary, Director of Economic Development; B. Morrison, Director of Parks; W. Butler, Director of Water and Sewerage Services; S. Galbraith, Director of Supply and Services; M. Jamer, Director of Works; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; G. Yeomans, Manager - Accounting Services; B. Belyea, Budget Officer; J. Baird, Manager - Development Division; P. Asimakos, Planner; B. Malone, Planner; A Bodechon, Assistant Deputy Chief of Police; R. Johnston, Deputy Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend David Jamer of Saint John Alliance Church offered the opening prayer. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that minutes of the meeting of Common Council, held on March 23, 1992, be approved. Question being taken, the motion was carried. The Mayor proclaimed April to be New Homes Month; April 6 to 12 to be Medical Laboratory Week; April 5 to 11 to be National Wildlife Week; April to be Parkinson Awareness Month, and April 19 to 25 to be Parkinson Awareness Week, in the City of Saint John, and, following the Mayor's introduction of members of the Saint John Chapter of The Parkinson Foundation of Canada, Chapter President Mary Walter addressed Council briefly with respect to the latter two proclamations. The Mayor noted that The New Brunswick Museum is hosting the presentation "A Coat of Many Colours: Two Centuries of Jewish Life in Canada"; and extended a message of sympathy on the death of Reverend Thomas J. Daley, Chancellor of the Roman Catholic Diocese of Saint John. The Mayor, having noted that she returned on March 27 from Roseau, Dominica where City Manager John Brown remained for two extra days, advised that, while the City of Saint John is unable to assist Roseau financially, there are other ways to assist, such as training the people in areas such as planning and water and sewerage. The Mayor asked that Council add to the agenda for consideration at this time a letter from the Fundy Region Mayors' Association advising that the Association agreed that the Province of New Brunswick should be advised of the disappointment and concern with respect to insufficient funding for Fundy SWAT, and asked for Council's approval to so advise the Province on behalf of the City of Saint John. 83-442 COMMON COUNCIL MARCH 30, 1992 On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that the above item be added to the agenda for consideration at this time. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that Her Worship the Mayor forward a letter to the Province with respect to the above matter. Question being taken, the motion was carried. Discussion was with regard to the Province's recent announcement of changes in the health care system, including the phasing out of the Saint John Regional Hospital and St. Joseph's Hospital Boards and the formation of regional boards, and the Mayor advised that she and the Commissioner of Finance will be present in the Legislature on March 31 when the budget comes down, and also advised that she will contact Kent Tingley and Sister Margaret Vickers of the respective hospitals, as well as the General Manager of Centracare Saint John Inc., to determine how the City can assist in this regard. On motion of Councillor Flewwelling Seconded by Councillor M. Vincent RESOLVED that a report from the Acting City Manager (copies of which were forwarded to Council members as an information item), regarding senior staff out of town, 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 with an area of approximately one hectare, being part of NBGIC Number 429738 and located at the end of the newly-created Honeysuckle Drive in the Meadowland Subdivision at 1100 Sand Cove Road, from "R-1 B" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification, to permit the modification of the previously-approved subdivision to include a block of land for the development of 24 one-storey townhouses, as requested by Manford M. Thompson Construction Co. 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 and one letter on behalf of home owners of the nearby Driftwood Lane townhouse development considered at the Committee's March 24 meeting at which Manford Thompson and Richard Turner of Hughes Surveys and Consultants Ltd. were in attendance, the letter, while expressing no objection to the proposed 22-unit townhouse development, expressed concern with respect to the proposed public street access to the adjoining Department of Supply and Services property to the west in that the Driftwood Lane residents feel that this potential street and any future development would damage the existing natural woodland environment which they presently enjoy; and recommending that Common Council re-zone a parcel of land with an area of approximately one hectare, being part of NBGIC Number 429738, located at the end of the newly-created Honeysuckle Drive in the Meadowland Subdivision as shown on the submitted drawing, from "R-1 B" One-Family Residential to "RM-1" Three-Storey Multiple Residential classification subject to a Section 39 resolution requiring: (a) that development be limited to the proposed 22 units of one-storey townhouses; (c) detailed site and drainage plan; (c) landscaping and fencing plan; and (d) development to City standards of the proposed public street access to the adjoining Provincial Department of Supply and Services property boundary to the west. 83-443 COMMON COUNCIL MARCH 30, 1992 Mr. Manford Thompson appeared in support of his application and expressed agreement with the above recommendation. On motion of Councillor M. Vincent Seconded by Councillor Knibb 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 with an area of approximately one hectare, being part of NBGIC Number 429738, located at the end of the newly-created Honeysuckle Drive in the Meadowland Subdivision at 1100 Sand Cove Road, from "R-1 B" One-Family Residential to "RM-1" Three-Storey Multiple 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 a parcel of land with an area of approximately one hectare, being part of NBGIC Number 429738, located at the end of the newly-created Honeysuckle Drive in the Meadowland Subdivision at 1100 Sand Cove Road, from "R-1 B" One-Family Residential to "RM-1" Three-Storey Multiple 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 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 above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 39 conditions of the 1981 re-zoning of 125 Douglas Avenue (NBGIC Number 327697), to permit a subdivision of the 5354 square metre property into two lots, to create separate sites for the existing Hestia House building fronting on Douglas Avenue and the existing Kinsmen building fronting on Douglas Street, as requested by Kin Kare Inc./Kinsmen Club of Saint John Ltd., and that no written objections were received in this regard. No person was present to speak in opposition to in favour of the proposed amendment. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter expressing a concern, which is addressed in the Committee's recommendation, considered by the Committee at its March 24 meeting at which the applicant was represented by Stewart Rogers and expressed agreement with the proposed recommendation; advising that the Committee also granted a variance with respect to the width of lot 92-2 on Douglas Street; and recommending that Common Council amend the 1981 Section 39 agreement by adding conditions which (a) permit a subdivision of the property into two lots (92-2) on the submitted tentative plan reduction prepared by deSaulniers Surveys Inc. and entitled "Tentative Subdivision Plan, Kin 83-444 COMMON COUNCIL MARCH 30, 1992 Care Inc. Subdivision", subject to a restriction that access to Lot 92-2 (Kin Kare site) be limited to Douglas Street; and (b) require the owners to enter into separate new Section 39 agreements which replace the present agreement, within 30 days of conveyance of the two lots. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the Planning Advisory Committee, the 1981 Section 39 agreement relevant to the property at 125 Douglas Avenue be amended by adding conditions which (a) permit a subdivision of the property into two lots (92-2) on the submitted tentative plan reduction prepared by deSaulniers Surveys Inc. and entitled "Tentative Subdivision Plan, Kin Care Inc. Subdivision", subject to a restriction that access to Lot 92-2 (Kin Kare site) be limited to Douglas Street; and (b) require the owners to enter into separate new Section 39 agreements which replace the present agreement, within 30 days of conveyance of the two lots. Question being taken, the motion was carried. The Common Clerk advised that the necessary advertising was completed with regard to amending the previously-amended Section 39 resolution of the 1973 re-zoning of 93 Loch Lomond Road (NBGIC Number 319558) to permit the use of the building as a general business office, subject to specific site conditions, as the applicant wishes to use the building for the purpose of a business office, as requested by E. P. Steeves Ltd., 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 amendment. Consideration was given to a letter from the Planning Advisory Committee submitting a copy of the Planning Department's report and a letter expressing concern about any increase in commercial activity in the subject area, which were considered by the Committee at its March 24 meeting at which the applicant was represented and no one attended against the proposed application; and recommending that the existing Section 39 resolution limiting the use of the subject property to an insurance office be amended to include a general office with all other conditions to be maintained. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the Planning Advisory Committee, the existing Section 39 resolution limiting the use of the property at 93 Loch Lomond Road to an insurance office be amended to include a general office with all other conditions to be maintained. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Flewwelling RESOLVED that the above letter from the Planning Advisory Committee be received and filed. Question being taken, the motion was carried. Notice had been given to Michael A. Burke to appear at this meeting of the Common Council to show cause, if any, why the building located at 205 St. James Street West (NBGIC Number 365742), in the City and County of Saint John, should not be removed or destroyed as a dangerous or dilapidated building. No person was present to speak either in opposition to or in favour of the recommended demolition. Consideration was given to a report from the Building Inspector advising that the subject two-storey wood frame building was fire damaged to more than 50% of its value in a fire on March 1, 1992, and there exists a by-law pursuant to the Saint 83-445 COMMON COUNCIL MARCH 30, 1992 John Building Act 1925 that requires all buildings fire damaged to more than 50% to be demolished; stating that this building is fire damaged, dilapidated, dangerous and open to the public; and recommending that Common Council pass the submitted resolution by virtue of the Saint John Building Act 1925. Mr. Johnson circulated photographs of the subject property which he advised has been fire damaged to the extent, in his view, that it is not worth even attempting to rehabilitate, and is dangerous and dilapidated; and requested Council to declare it so and order its demolition. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that notice having been given to Michael A. Burke, Owner, as appears by the records of the Registrar of Deeds for the County of Saint John, of the building located at civic number 205 St. James Street West (NBGIC Number 365742) in the City of Saint John, requesting that the said owner appear before this meeting of the Common Council to show cause why the said building should not be removed or destroyed as a fire damaged, dangerous and dilapidated building and, having considered the report of the Building Inspector, the Common Council hereby deems and declares the said building located at 205 St. James Street West in the said City to be dilapidated and dangerous: AND BE IT FURTHER RESOLVED that the said Michael A. Burke is hereby required to remove or destroy the said building situate at civic number 205 St. James Street West, in the City of Saint John, within ten days after receiving notice to do so by the Building Inspector: AND BE IT FURTHER RESOLVED that upon failure of the said Michael A. Burke to remove or destroy the said building situate at 205 St. James Street West in the City of Saint John, in compliance with the request of such notice, that the Building Inspector cause such work to be done and the cost thereof recovered from the said Michael A. Burke. During discussion, Mr. Johnson confirmed that notice to appear at this meeting of Common Council was hand-delivered to Mr. Burke on March 16, although he has had since March 2, the date of the City's written notice to him, to remove a property that is dangerous to the adjacent property owners and the public at large, and suggested that, clearly if he wished to take such action, he could have done so within ten days; and Mr. Rodgers explained that, with respect to the matter of outstanding real property, if the owner does not demolish the building within the ten days referred to in the above motion, the City can demolish it and attempt to recover the demolition cost and, if this is not recoverable in cash, the City can take action to have the land vest in the City and, if that occurs, then the City would then become responsible for the taxes, and advised that he is satisfied that Council is proceeding within the statute and in a position to take the action of either accepting or rejecting the Building Inspector's recommendation at this time. (Councillor A. Vincent entered the meeting during the above discussion.) Question being taken, the motion was carried. Read a letter from Councillor Davis, Chairman of the Finance Committee (which was tabled at Council's meeting of March 9), referring to the submitted 1991 Financial Statements of The City of Saint John General Fund, The City of Saint John Water and Sewerage Utility, The City of Saint John Sinking, Reserve and Trust Funds, the operating highlights as prepared by the Finance Department, and the Auditor's reports prepared by Coopers & Lybrand; and proposing that the audited Financial Statements be adopted and filed. Mr. Wilson read the operating highlights of the General Fund advising that, as a result of 1991 operations, the General Fund has been able to make significant progress in recording its liability to employees who are entitled to receive an allowance upon retirement under the various working agreements with its employees, with its liability to all of those employees who have 19 or more years of service having 83-446 COMMON COUNCIL MARCH 30, 1992 been recognized which resulted in an additional $1,650,000 being charged against the current year's operations, with $4,909,600 having been recorded as of December 31, 1991 for this liability which will actually be paid over the next 10 to 15 years, meaning that future tax rates will not be adversely affected by the payout of this benefit; advising that the Fund was still able to record a surplus of $765,789 for 1991 and, in total, the General Fund received $89,093,826 in revenue which was $198,875 less than anticipated when the budget was set, with licenses and building permits short of budget by $120,455, and revenue from the Market Square parking garage, parking meters and parking and traffic violations $326,411 less than budget, while a rate increase at the landfill site resulted in the total revenue amounting to $689,107 or $158,107 more than budget; and further advising that total expenditures, including the $1,650,000 required to increase the Fund's liability for retirement allowance, amounted to $88,328,037 or $964,664 less than budget or, stated differently, the Fund has expended 99% of the funds raised from the taxpayers, or 97.1 % if the additional amount recorded for the retirement allowance is excluded, with underexpenditures occurring in a number of areas, including General Government Services, Transportation Services, Environmental Development Services, Recreation & Cultural Services, and Fiscal Services, with Protective Services being the only classification of the General Fund operating expenses which exceeded budget. The report notes that the 1991 Financial Statements show $1,617,443 as the amount disbursed to the Province under the Expenditure Management Act; and concludes that the 1991 operating results have contributed, as have the results over the past few years, to once again positioning the City to deal with financial reporting issues facing all levels of government in that governments are going to be forced to ensure all potential liabilities are recorded and the City has already begun to ensure that such decisions will not affect future taxpayers. Messrs. Hugh Tidby and Peter Wilshaw of Coopers & Lybrand were present at the meeting and Mr. Tidby highlighted the Trend Analysis 1985-91 prepared by Coopers & Lybrand (copies of which were forwarded to Council members as an information item on March 16, 1992), noting that the charts therein indicate the City's performance as follows:-(1) the City's long-term debt has steadily declined throughout the period of 1985-1991 from $41.8 million to $33.9 million; (2) the interest on the long- term debt steadily declined from $4.7 million in 1985 to $3.6 million in the 1991 fiscal year; (3) the long-term debt in 1985 of 66% of the total budget has declined to just under 40% in 1991; (4) the 1985 interest on the debt as a percentage of the budget of 71/4% is down to 4% in 1991; (5) in 1985 the City expended $16.1 million, in 1986 somewhat lower and, in the last 3 years, an amount in excess of $11 million on capital expenditures; (6) $10.7 million in capital expenditures has been funded out of operations which means that the City has not had to borrow funding for this amount thereby keeping its debt under control; (7) the tax rate for the last four years has been steady at $1.58; (8) government grants have been more or less flat for the last 4 years and the majority of the pick-up in revenue has come from property taxes which is really as a result of increases in assessed amounts on properties; and (9) as a percentage of the total budget, the amount of government grants has, in fact, declined and, from a percentage point of view, that decline has been picked up by an increase in property taxes; and expressed the opinion that the City has had a very good performance. During discussion Mr. Tidby explained that Coopers & Lybrand has presented Council with a clean audit report; in other words, there are no qualifications attached to the audit opinion which means that the systems were operating satisfactorily in order to give an opinion on the financial statements and that, in addition, Coopers & Lybrand has presented in draft form a letter of recommendations of opportunities to improve some of the systems that are presently in place in the City and that the auditors have met with the Finance Committee to discuss the list of recommendations for potential improvement within the City's systems and are satisfied that the Finance Department is taking steps to deal with each one of the issues; and Mr. Wilson explained that the City has in place a retirement benefit for employees that is paid out at the rate of one month pay for every 5 years of service to a maximum of 6 months, which is not an uncommon benefit in that many municipalities have a procedure whereby they will payout unused sick leave when an employee reaches retirement, and that, as employees can retire from the City after 10 years of service, technically the City could have a liability for all employees who have at least 10 years of service, and that full provision has now been made for all employees who have 19 or more years of service. Mr. Wilson highlighted the operating results of the Water & Sewerage 83-447 COMMON COUNCIL MARCH 30, 1992 Utility advising that the accumulated deficit of $1,060,667, which existed on December 31, 1990, has been reduced as of December 31, 1991 to $503,250, and that the most significant item of which Council should be aware is of a decision to record as income in 1991 revenue earned but unbilled as of December 31 and that, in 1991, this unbilled revenue was quantified as being $389,673 and credited to operations thereby reducing the deficit, and that the accumulated deficit has also been reduced by a further $167,474 directly as a result of operating revenues exceeding operating expenditures and fiscal charges; also advising that the Utility earned total revenue of $16,651,415, just $53,207 less than budget, of which $11,066,438, or 66.5%, came directly from customers of the Utility, and a further $4,895,105, or 29.4%, came from charges to the General Fund with respect to the provision of water for fire protection and storm sewer services, and the remaining $689,872, or 4.1 %, being revenue provided to the Utility by the Province to assist with the repayment of debt incurred with respect to the construction of waste water treatment plants; and further advising that total operating expenditures amounted to $9,896,619 or $44,898 less than budget, although a number of unanticipated overexpenditures occurred in 1991, including a major break in the piping system running beneath the Saint John Throughway which resulted in an unbudgeted expenditure of $130,000, an improper billing for power consumption at the Lancaster wastewater treatment plant resulted in the Utility's electrical budget being overspent in 1991 by $100,000, unanticipated breaks in the Utility's aging infrastructure resulted in the budget for underground materials and street repairs being overexpended by $155,000, and a decision to increase the liability for retirement allowances due to Utility employees resulted in an unbudgeted expenditure of $185,000. The report explains that, offsetting these unanticipated expenditures were underexpenditures in a number of areas, including the Utility's personnel budgets, as a result of the Expenditure Management Act, in the amount of $240,000; underexpenditures of funding in three specific programs, being fluoridation to the extent of $120,000, a planned rate study at a cost of $80,000 which did not occur, and repairs to various water tanks to the extent of $25,000; also explains that the amount allocated to the Utility from the General Fund was some $334,565 less than anticipated, and that, with respect to the inclusion in the budget of an amount of $399,220 for an undertaking by the Utility to finance capital projects directly from operations, the large accumulated deficit in the Utility prohibited this plan from proceeding and, when this amount is removed from the fiscal services budget, it illustrates that other fiscal services were overspent by $223,437 as a result of the budget containing insufficient funds to cover the Utility's short-term interest costs as well as the costs of providing discounts to customers; and concludes that, should no unforeseen events such as those which have plagued the Utility in the last two years occur, the Utility may be in a position to eliminate its entire deficit by the end of 1992 at which time the Utility would once again be in a position to deal with the challenges of financing extensive infrastructure upgrading and wastewater treatment anticipated in the last half of the decade. On motion of Councillor Davis Seconded by Councillor Knibb RESOLVED that the 1991 Financial Statements of The City of Saint John General Fund, the 1991 Financial Statements of The City of Saint John Water and Sewerage Utility, and the 1991 Financial Statements of The City of Saint John Sinking, Reserve and Trust Funds, be adopted and filed. Question being taken, the motion was carried. (Councillor Fitzpatrick entered the meeting.) Judy Nice, President of the Champlain Heights Home and School Association, addressed Council, with the aid of a slide presentation, with respect to concerns about the safety of children walking to and from Champlain Heights School and, referring to the previously-submitted brief, requested that the City take the following actions:- (1) eliminate the crosswalk on the blind knoll on Champlain Drive; (2) relocate the crosswalk to the bottom of the hill at the corner of Creighton Avenue and Champlain Drive and install pedestrian-controlled lights; (3) install a sidewalk the full length of Champlain Drive on the west side of the street; (4) reduce the speed limit on Champlain Drive; (5) install a stop sign and an amber flashing light at the corner of Sherwood and Champlain Drives; (6) redesign and construct the corner of Champlain Drive and Sherwood Drive; (7) place crossing guards at York Street and Swanton 83-448 COMMON COUNCIL MARCH 30, 1992 Street; (8) construct curbing around the Circle so that the sidewalk is separated from the actual roadway; (9) review the criteria for assessing areas that have requested crossing guards; and (10) enforce the City by-law concerning truck traffic on Champlain Drive. Ms. Nice offered the Association's assistance and asked to be kept advised of each step being taken to resolve this situation. During discussion Ms. Nice priorized three actions for the City to address as soon as possible as follows:- the construction of the sidewalk on the west side of Champlain Drive and the installation of a pedestrian-controlled light which would eliminate the crosswalk on the blind knoll and children using the pedway from Murial Avenue would not have to cross Champlain Drive but could use the sidewalk and proceed directly to the pedestrian light; the installation of a stop sign on Champlain Drive at Sherwood Drive; and crossing guards at York and Swanton Streets. On motion of Councillor Gould Seconded by Councillor Rogers RESOLVED that the City Manager arrange a meeting with Mrs. Judy Nice and members of the Champlain Heights Home and School Association, at an early date, to ascertain how and when the City can implement the requests made in Mrs. Nice's presentation to Council, and report to Council. The Mayor advised that Mr. Robichaud has indicated that staff could report to Council in the above regard in two weeks. Question being taken, the motion was carried. Brian Cornish, Chairperson of the Greenwood Subdivision Committee, addressed Council and, having noted his November 1991 appearance before Council as a result of having been given notice by the developer of the subdivision that he would no longer be operating the water and sewer services, advised that, to date, the residents have absolutely no indication from the Province of any funding to be used in offsetting the cost of drilling 38 individual wells, nor any indication from the City of any help. Mr. Cornish explained that the residents are in a position of now having to pay close to $500 a year for water and sewerage and that, while the developer wants to eliminate the service, the residents cannot afford to take over the service, nor do they have the utilities to maintain the service, and they bought serviced lots; and expressed the opinion that the City, after five or six months of negotiations, fell short in that nothing has taken place and the residents are in the same position as before. Mr. Cornish presented two slides (copies of which he subsequently made available to Council), one setting out the unofficial offer to the Greenwood Subdivision residents in that the City would assume responsibility of the sewerage at no cost, a $1,000 grant would be made to each homeowner, at a cost to the City or the Province, of $38,000, and the residents would contribute $2,800 per unit for a total cost to the residents of $106,400, and a total project cost of $144,400; and the other indicating the residents' proposal that the City assume responsibility of the sewerage at no cost to the City, the City take over the water system at a maximum cost to the City of $30,000 based on the understanding that the owner wants this amount for the system, and the residents would contribute through a standard user fee, for a total project cost of $30,000. The Mayor clarified that, with respect to the reference to a $1,000 grant to each homeowner, Mr. Armstrong has been and is still negotiating with the Provincial Department of the Environment in an attempt to obtain a grant of $1,000 for each homeowner to assist in drilling the wells; and also that the situation now is different from that in the fall of 1991 in that the residents' services were to be cut off leaving them totally without water and sewerage, while this was prevented from happening through negotiations carried out by Mr. Armstrong with Mr. McNamara, the owner, and research carried out by the Legal Department, and suggested that Mr. Armstrong should submit a full documented report to Council on the situation. Mr. Armstrong confirmed that he has been striving to find a solution to this very complicated, extremely difficult process, involving the parties concerned as well as negotiations with the Province with respect to funding, and advised that he could submit a report to Council at the next meeting on the status of what he is attempting to negotiate. On motion of Councillor Rogers 83-449 COMMON COUNCIL MARCH 30, 1992 Seconded by Councillor Coughlan RESOLVED that the presentation on behalf of Greenwood Subdivision residents regarding water and sewerage services be referred to the City Manager for a report at the next meeting. Question being taken, the motion was carried. Read a letter from Councillor Flewwelling asking why the listing of monthly accounts, containing all invoices paid monthly by the City and held in the Common Clerk's Office, is not available as a public document, to the public and the press. Mr. Wilson noted that, following the discussion in open session on a procedure to deal with the monthly expenditure listing, a report was submitted to Council in Committee of the Whole proposing options on how to handle the listing and it is his understanding that the procedure being used was adopted by Council. The Mayor explained that all of the information in the monthly listing of expenditures is available for public perusal in the Finance Department; however, the explanation in the listing is minimal and not clear enough and questions could arise which would require explanation from the Finance Department. Consideration was given to a letter from Councillor Flewwelling asking (a) when the policy book will be made available to Council; and (b) when the traffic light will be installed at the intersection of Bleury and Sherbrooke Streets. Mr. Robichaud expressed the understanding that the City Manager tasked Mr. E. Farren with the job of preparing the policy book and that the process of gathering policies from the various City departments is still ongoing, following which the policy book will be submitted to Council; and Mr. Armstrong advised that, while all of the equipment for the project is on hand, the Power Commission must install the pole after the frost is out of the ground, and the light should be in operation by the end of April. Consideration was given to a report from the Acting City Manager advising that City Manager John Brown will be out of town on April 1-5 for the purpose of meeting with the Calgary Police Force concerning the community policing program. Councillor Flewwelling expressed the opinion that the Mayor and the Chairman of the Saint John Board of Police Commissioners should be attending the above program, and questioned Mr. Brown's involvement; and the Mayor advised that Constable Kathy Hayward of the Saint John Police Department is to accompany her and the City Manager. Consideration was given to a report from the City Manager (which was tabled on March 16) explaining the planning process to develop both policy statements and implementing regulations for the establishment and operation of gravel pits and quarries in Saint John, as illustrated on the submitted flow chart, further to Council's September 16, 1991 approval of the recommendation in the submitted copy of the City Manager's report on policy review and development for pits and quarries; advising that the process has two primary focuses, one being to determine the supply and demand of aggregate, the other being to determine the impacts of developing the resource, and that the Provincial Department of Natural Resources has indicated its interest in working with the City on this project and, in the event that funding and resources are allocated, Provincial staff hopes to be able to provide information on the existing and future supply of resources in and around the City, and also that the Department will contribute an approximate dollar value of $50,000; further advising that the next step in this process will be to meet with industry representatives to discuss the program as outlined, with meetings with community representatives to follow; and submitting a recommendation in this regard. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, (1) the Community Planning Department proceed with the process for Policy and Standard Development for Gravel Pits and Quarries; and (2) Council write to 83-450 COMMON COUNCIL MARCH 30, 1992 the Ministers of Environment and Natural Resources requesting their assistance in this project. Mr. Bedford advised that Peter Asimakos and Brian Malone have developed the work program which, hopefully, will result in December with a final pits and quarries policy for Council's consideration, and Mr. Asimakos, through a slide presentation, described the process to be undertaken in the next few months, including the consultation process with various interest groups, the determination of the supply and demand of aggregate resources in Saint John, the determination of both beneficial and negative impacts, research on methods of impact management, analyzation of various methods of managing the resource as to their appropriateness to Saint John, and the presentation to Council of recommendations on policy and standards. Question being taken, the motion was carried with Councillor A. Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in the amount of $36,000 be accepted from Galbraith Construction Ltd. as security to ensure the rehabilitation of the gravel pit at 2614 Golden Grove Road. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in the amount of $8,500 be accepted from Thomas Construction Limited as security to ensure the rehabilitation of the gravel pit at 360 Latimore Lake Road. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in the amount of $61,000 be accepted from Thomas Construction Limited as security to ensure the rehabilitation of the gravel pit at 1003 Latimore Lake Road. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee, in the amount of $50,000 be accepted from F. Andrew Simpson Contracting Ltd. as security to ensure the rehabilitation of the gravel pit at 1600 Sand Cove Lake Road. Question being taken, the motion was carried. Read a report from the City Manager advising that, further to the February 17 request to Council for a waiver of green fees for the 1992 Evening Times- Globe/Air Atlantic Celebrity Golf Tournament as a fund-raiser event for the New 83-451 COMMON COUNCIL MARCH 30, 1992 Brunswick Special Olympics, the Parks Department views this as a very positive event, since such events not only generate significant funds for charitable organizations but also promote and contribute to the success of the Rockwood Park Municipal Golf Course; and submitting a recommendation in this regard. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a grant in the amount of $2,500 be provided from the special events fund to waive green fees associated with the Evening Times-Globe/Air Atlantic Celebrity Golf Tournament as a fund-raising event for the New Brunswick Special Olympics, to be held at the Rockwood Park Municipal Golf Course on July 9 and 10, 1992. Councillor Rogers noted that, as indicated in the above report, the use of the Lily Lake Pavilion for a closing banquet is also requested which could mean an additional $400 cost for its rental. Moved in amendment by Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the above motion include a grant of $400 to cover the cost of the Lily Lake Pavilion rental fee. Question being taken, the amendment to the motion was lost with the majority of Council members present voting "nay". Question being taken, the original motion was carried. Consideration was given to a report from the City Manager advising that, further to the February 24 request to Council of the Tourism Industry of New Brunswick Association for a convention grant, the information contained in its letter of request has been confirmed by the City's Tourism Department and the recommended grant is based on the size of the group, hotel rooms blocked, length of the convention and whether it is a Provincial, regional, national or international convention, with the maximum amount awarded to anyone group from the Convention Grant Assistance Budget being $500. Councillor Rogers proposed a motion, which was not seconded, that a grant of $200 be approved. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, a grant of $450 be awarded to the Tourism Industry Association of New Brunswick for its 1992 Annual General Meeting to be held April 24-26 in Saint John. Question being taken, the motion was carried. Read a report from the City Manager submitting a recommendation with regard to the March 2 grant request of the West Side Days Committee. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that as recommended by the City Manager, a grant of $1,000 be approved for the West Side Days Committee to 83-452 COMMON COUNCIL MARCH 30, 1992 assist with its 1992 celebration. Question being taken, the motion was carried. Consideration was given to a report from the City Manager requesting, further to Council's tabling on March 16 of a recommendation to purchase four mid-size automobiles from Dobson Chrysler Dodge, being Bid Numbers 92-7001T and 92- 7001 DT, Council's reconsideration of these tenders because there is some financial impact for the vendor associated with a delay in awarding or rejecting tenders; explaining that the four vehicles in question are replacements for four full-size automobiles in the City fleet; and advising that, as staff recognizes the need to further review and report to Council on the various types and sizes of automobiles required and used by the City and to downsize where possible, a committee of senior staff from each concerned department will be struck to deal with this issue; and recommending that, given the considerable time and effort put into the bid process for the two tenders in question and that downsizing is occurring and good competitive prices have been received, the tenders be taken from the table and awarded. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the tender for Bid Nos. 92-7001T and 92-700DT be awarded to Dobson Chrysler, in the amounts of $34,193.88 and $34,514.56, respectively: AND FURTHER that a committee of senior staff review the City's overall automobile requirements and report the results of such review to Council before calling new tenders. Councillor Coughlan made the observation that the above report does not address his question of the requirement for the two Chrysler vehicles tendered for which service and parts would be more expensive as compared to a less expensive Chrysler product, such as a Shadow, which is the same size vehicle with similar specifications; and Councillor Rogers questioned the need for a mid-size car to which Mr. Johnston and Mr. Butler explained the need for mid-size vehicles, involving carrying equipment and crews or other passengers. Question being taken, the motion was carried with Councillors Coughlan and Rogers voting "nay". Read a report from the City Manager advising that, as indicated in the submitted copy of an offer to lease space in the Saint John City Market, Saint John Produce Co. Ltd., or Pete's Frootique as it is better known, wants to lease stall #4 which is 447 square feet to sell fruit baskets, dried fruit and nuts, souvenirs of Pete's Frootique and miscellaneous food trays, and that Council's approval is needed prior to the appropriate lease being written; also advising that there remains only two stalls to be rented in the City Market at this time, and the lease in question will generate $22,797 over the next three years, as well as $1,139.85 over the term of the lease towards the promotional fund. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the City Manager, the City Solicitor prepare a lease between the City of Saint John and Saint John Produce Co. Ltd. for stall #4 at the City Market, and the Mayor and Common Clerk be authorized to execute the lease. (Rescinded September 21, 1992 Bk. 83 Pg. 744 ) Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that the City will be hosting the joint 20th Annual Conference of Municipal Administrators (CAMA) and the 16th Annual Conference of the Canadian Municipal Personnel 83-453 COMMON COUNCIL MARCH 30, 1992 Association (CMPA) from June 23 to 26, 1992, and the Conference Organizing Committee is made up of staff from the City of Saint John as indicated, with other staff participating on various sub-committees, and that the Organizing Committee is requesting a contribution of up to $5,000 from the City of Saint John, as host municipality. On motion of Councillor M. Vincent Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Manager, a financial contribution of up to $5,000 be made to the 1992 Annual Conference of the Canadian Association of Municipal Administrators and the Canadian Municipal Personnel Association. During discussion Mr. Groody advised that, if sponsorship is obtained, the above amount may not be required, although staff would like to be aware of the City's commitment to ensure that the Conference is a success. Question being taken, the motion was carried. Read a report from the City Manager recommending that the tender of Grove Construction (1986) Ltd., at the unit prices quoted as indicated in the submitted report from the City Manager, be accepted for supplying asphaltic concrete mixes, and that staff be authorized to purchase up to $450,000 of this material. On motion of Councillor Fitzpatrick Seconded by Councillor Rogers RESOLVED that the tender of Classic Construction Maritime Ltd., at the unit prices quoted as indicated in the submitted report from the City Manager, be accepted for supplying asphaltic concrete mixes. Councillor Knibb suggested that the above matter should be discussed in Committee of the Whole or Legal Session. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table pending discussion in closed session of Council. Question being taken, the tabling motion was lost with Councillors Fitzpatrick, Flewwelling, Landers, Rogers, A. Vincent and M. Vincent voting "nay". Councillor Coughlan noted that Classic Construction Maritime Ltd. is the second lowest tenderer, and Councillor A. Vincent alluded to this firm being local and one that does not purchase its material in Bangor, Maine, U.S.A., and during discussion Councillor Knibb suggested that Council should determine whether or not there is any truth to the allegation about cross border shopping, and the Mayor suggested that this matter should be tabled for one week so that Council can be advised of the facts so as to deal with this tender award in a responsible way in open session of Council. Mr. Hanlon concurred that it might be beneficial to table this matter for one week for discussion in closed session, and advised that at this time he has no additional information for Council. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above matter be laid on the table for one week because it appears that there has been an error within the tendering process. 83-454 COMMON COUNCIL MARCH 30, 1992 In response to Councillor Fitzpatrick's question of procedure in that a tabling motion had already been lost, the Mayor noted that a tabling motion is always in order. Question being taken, the tabling motion was carried with Councillors Fitzpatrick and A. Vincent voting "nay". Read a report from the City Solicitor explaining that, in an attempt to clear up a title problem related to a 12-foot right-of-way within the City owned lands offered to Deans Hill Company Limited and because it is impossible to contact any individual who may have an interest in the 12-foot right-of-way, expropriation of the parcel is necessary; and expressing the opinion that, because the City intends to convey the right-of-way to a private developer, the City's expropriating powers can only be used if the City enacts an urban renewal by-law. The report also explains that the lands abutting the north and south of the 12-foot right-of-way were expropriated in 1969 pursuant to the North End/West Side Urban Renewal Scheme - Saint John, NB - Part 1, adopted in principal by Common Council on November 28, 1966, attached to a by- law adopted April 16, 1968; expresses the opinion that the enactment of such a by-law would be a safe step to take for the purposes of transferring the land to a private developer; and recommends that, because an urban renewal by-law is enacted under the Community Planning Act, this matter be referred to the Planning Advisory Committee and that Council authorize the Common Clerk to commence the necessary advertising. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that as recommended by the City Solicitor, the matter of enacting an urban renewal by-law relative to a 12- foot right-of-way within the City-owned lands offered to Deans Hill Company Ltd. be referred to the Planning Advisory Committee for a report and recommendation, and that the necessary advertising be authorized in this regard. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 16, 1992, when there were present Mayor Wayne and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A. Vincent and M. Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the Nominating Committee, K. V. Cox be appointed to the Board of Police Commissioners for a term to expire December 31, 1994. March 30, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that the above report be received and filed and the recommendation therein be adopted. Councillor Coughlan expressed the opinion that the membership of the Board of Police Commissioners should include a person who has some familiarity with the operation of the Police Department in that it now includes persons with business 83-455 COMMON COUNCIL MARCH 30, 1992 and legal experience. Question being taken, the motion was carried with Councillors Coughlan, Fitzpatrick and Rogers voting "nay". Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on March 23, 1992, when there were present Deputy Mayor Gould and Councillors Coughlan, Davis, Fitzpatrick, Flewwelling, Knibb, Landers, Rogers and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That as recommended by the City Manager, the rentals for space at the Old Provincial Building at 55 Canterbury Street be as follows:- (1) The leases for the following commercial tenants be extended for one year until March 31, 1993 with the rent to remain the same as is paid in March 1992: 1.1 Susan Allison and Mabel Crease (Canterbury Antiques) 43 Princess Street $ 755 per month 1.2 Saint John Learning Exchange 47 Princess Street $1,250 per month 1.3 Reynold McKenzie (Waterside Shoppe) 114 Prince William Street $ 600 per month 1.4 Gerald Defazio (Gerry's Barber Shop) 55 Canterbury Street $ 205 per month (2) The rental and grants for charitable and non-profit organizations for the period April 1 , 1992 to March 31, 1993 be as follows:- Yearly Net Monthly Present Tenant Rent Grant Rent Rent Monthly Laubuch Literacy $ 7,350 $4,380 $2,970 $247.50 $240.00 New Lease Inc. $14,980 $7,150 $7,830 $652.50 $634.00 Saint John $13,500 $8,040 $5,460 $455.00 $442.50 Learning Exchange Saint John Presbytery $ 6,340 $3,880 $2,460 $205.00 $200.00 Senior Aid & Research $ 2,610 $1 ,650 $ 960 $ 80.00 $ 78.00 New City Theatre $ 3,300 $1 ,980 $1,320 $110.00 $100.00 (3) The rental and grants for social clubs occupying space at 55 Canterbury Street for the period April 1 , 1992 to March 31, 1993 be as follows:- Tenant Saint John Yearly Rent $ 5,580 $5,280 Net Monthly Present Grant Rent Rent Monthly $ 300 $ 25.00 $ 25.00 83-456 COMMON COUNCIL MARCH 30, 1992 Assoc. for Deaf Unity Club $ 2,000 $1,700 $ 2,530 $2,230 $ 300 $ 25.00 $ 25.00 Vision of Hope (AA) $ 300 $ 25.00 $ 25.00 2. That as recommended by the City Manager, Ellis Levine of RE/Max Professionals be advised that the City has no interest in acquiring the former Mile House Sales property on Rothesay Avenue at the present time. 3. That as recommended by the City Manager, Brunswick Storage Barns be advised that the City is not prepared to permit its storage barns to be displayed on the City land at the corner of McAllister Drive and Golden Grove Road. March 30, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Arthur L. Gould, C h air man. On motion of Councillor Knibb Seconded by Councillor Flewwelling RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillor M. Vincent voting "nay". On motion of Councillor Fitzpatrick Seconded by Councillor Knibb RESOLVED that section 2 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Landers RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. Read a letter from Mr. J. Arthur Flood, President of the Board of The Saint John Non-Profit Housing Inc. referring to the significant reductions in the funding of social housing, included in the recently-tabled Federal Budget, including the limitation of the co-operative housing program which would have sponsored about 2,000 new units, which is expected to reduce the number of units funded through the rent supplement and non-profit program for New Brunswick from 171 to 134 in 1992, although the exact impact for Saint John is not clear as this information is not presently available from the Province; suggesting that the lack of Federal funds will place the onus on provincial governments to fully fund social housing and, with the financial situation at that level, it is anticipated that municipalities like Saint John will be burdened with additional responsibilities for funding; expressing the opinion that it is appropriate and important that municipalities make the Federal Minister aware of their concerns with the reduction in funding for social housing and with the withdrawal of the Federal Government from the housing field; and recommending that Council proceed to communicate its position on this matter to the Federal Government as soon as possible. On motion of Councillor Knibb 83-457 COMMON COUNCIL MARCH 30, 1992 Seconded by Councillor Rogers RESOLVED that Council proceed, as soon as possible, to communicate to the Federal representatives and the Federation of Canadian Municipalities, through a letter under the Mayor's signature, its position on the reduction of funding for social housing. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, (1) Common Council assent to one or more subdivision plans showing one or more phases of the Westgate Park Subdivision, Bryce Beyea proposal for Cullinan Avenue, in accordance with the submitted tentative plan reduction with the following modifications: (a) the terminus of Cullinan Avenue be adjusted to remove its encroachment on the Pipeline Road and to create a slight relocation to the south; and (b) a 1 metre (3 foot) wide reserve strip be created (and vested to the City) along the north side of the turnaround adjacent to the pipeline easement; (2) Common Council authorize the preparation and execution of a City/Developer subdivision agreement to ensure provision of the required services; and (3) Common Council authorize staff to discuss with the developer and the utility companies cost sharing for the provision of trunk utility services. Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor M. Vincent RESOLVED that as recommended by the Planning Advisory Committee, Common Council (a) assent to one or more subdivision plans showing one or more phases of the proposed subdivision of the Kevin Steele property at 57 Eldersley Avenue, in accordance with the submitted tentative plan with respect to the street and the land for public purposes; and (b) authorize the preparation and execution of a City/Developer subdivision agreement to ensure construction of the proposed street to required standards. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the Planning Advisory Committee, the sum of $930 be accepted as money-in-lieu of land for public purposes with respect to the proposed subdivision at 465 Latimer Lake Road. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the letter from The Honourable Ann Breault, Minister of Income Assistance, responding to the February 17 Council resolution requesting information on the number of households in Saint John on income assistance, the reasons for that level, the steps being taken to reduce the number, and what plans there are for increasing income assistance levels; and advising that she is unable to provide an answer to the question of plans for increasing the levels until the tabling of the Provincial budget -- be received and filed. Question being taken, the motion was carried. On motion of Councillor M. Vincent 83-458 COMMON COUNCIL MARCH 30, 1992 Seconded by Councillor Knibb RESOLVED that the letter from Rantex Brushes Inc. of Barrie, Ontario, regarding the award of the tender for sweeper brooms, Bid Number 92-1226T in that it is concerned that Council may be indicating to prospective suppliers that, regardless of low price, Council will decide on the award, and that low price is not necessary and Council will pay a premium if its choice of suppliers is awarded the bid; and concluding that, if the rules can be changed to suit the players, then perhaps it should devote its attention to other areas than Saint John, New Brunswick -- be received and filed. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Gould RESOLVED that the letter from the Kiwanis Club of Saint John requesting a grant equal to the estimated day's revenue through the normal operation of the Golf Course for its Kiwanis Golf Classic, tentatively scheduled for May 29 -- be received and filed and a grant of $2,100 be approved. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the letter from the New Brunswick Mental Health Nurses Group requesting financial support for its Annual Meeting to be held in Saint John on October 1 and 2 -- be received and filed and a grant of $300 be approved. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Flewwelling RESOLVED that the petition from a group of senior citizens, who have purchased season passes to play at the Rockwood Park Golf Course, requesting a freeze on the seniors' rate -- be referred to the City Manager. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that the letter from The Company requesting that the City once again consider taking a half-page ad in its Dinner Theatre program -- be received and filed and a half-page ad be taken at a cost of $150 plus GS1. Question being taken, the motion was carried. On motion of Councillor Flewwelling Seconded by Councillor Gould RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk