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1992-06-01_Minutes 83-551 COMMON COUNCIL JUNE 1, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the first day of June, AD. 1992, at 4:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, Rogers, Trites, 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. Armstrong, Director of Engineering; S. Bedford, Director of Community Planning; W. D. Todd, Director of Housing and Property Management; B. Morrison, Director of Parks; M. Jamer, Director of Works; J. Johnson, Building Inspector; M. Hanlon, Purchasing Agent; B. Malone, Planner; J. Mcintyre, Manager of Staffing and Development; D. Sherwood, Chief of Police; R. McDevitt, Fire Chief; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. Reverend Esau Nedd of Crescent Valley Gospel Church offered the opening prayer. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that minutes of the meetings of Common Council, held on May 19 and May 25, 1992, be approved. Councillor A Vincent asked the status of the former General Hospital boiler house and chimney at 211 Waterloo Street, which was presented to Council for consideration under the 1925 Building Act on April 27 and the subject of a report from the City Manager on May 4, and expressed concern about a delay in this matter in that the structures have been declared by the Building Inspector to be dangerous and dilapidated. Mr. Rodgers made the observation that, further to the Building Inspector's report to Council at which time there was a question about the extent of the investigation in regard to the chimney and Council did not proceed with the recommendation for demolition, it is his understanding that there have been meetings, as well as new notices served for the matter to come back to Council and, in the meantime until the matter is presented again to Council by the Building Inspector, Council as a body does not have any responsibility legally. Question being taken, the motion was carried with Councillor A Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letters from the Saint John Board of Trade and the Rotary Club of Rothesay Kings, in support of the Marco Polo project (which were forwarded to Council members as information items), be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. On motion of Councillor Landers Seconded by Councillor M. Vincent RESOLVED that the 1991 census statistics, and the correspondence regarding the Five-Star Community Awards (copies 83-552 COMMON COUNCIL JUNE 1, 1992 of which were forwarded to Council members as information items) be added to the agenda for consideration at this meeting. Question being taken, the motion was carried. The Mayor proclaimed June 1992 as Tourette Syndrome Awareness Month in support of the Saint John Chapter of the Tourette Syndrome Foundation of Canada's efforts to raise funds to support research into the pharmacology of this condition which is thought to be a neurological disorder; June 1 to 7 as National Access Awareness Week; June 6 to 14 as Tennis Week to promote tennis, in particular, and physical fitness, in general; and June 1992 to be A L.S. (Amyotrophic Lateral Sclerosis) Awareness Month in support of the recently-established Saint John Chapter of the AL.S. Society of New Brunswick, AL.S. being more commonly known as Lou Gehrig's disease, which is a fatal neuromuscular disease. (Councillor Rogers entered the meeting.) The Mayor, having proclaimed the week of June 1 as Environment Week in the City of Saint John, commented on the re-initiation by the Saint John Environment Committee of its poster and essay contest for Grades 1 to 6 in School District Number 20, the poster contest being for Grades 1, 2 and 3 students to draw a picture of someone performing an action which helps to preserve the environment, and the essay contest being for students of Grades 4, 5 and 6 to write on environmental ways to save the air, water and land or from the point of view of advice to the earth's inhabitants as a visitor from another planet. The Mayor commended those involved in the contest, and welcomed to the Council Chamber the contest winners, as well as Mr. Peter Ethridge from the Irving Sussex Tree Planting Nursery, who presented to each of the winners a black spruce seedling produced at the Irving tree nursery in Juniper, N.B., following which the Mayor, Mr. MacKinnon and Mr. Ethbridge recognized the following children:- Grade 1: 1 st place winner Andrew MacKenzie of Island View School, 2nd place winner Mandy Leavitt (absent) of Island View School, and 3rd place winner Emily Cougle of St. Patricks School; Grade 2: 1 st place winner Josh Steward of Glen Falls School, 2nd place winner Jessica Murray of Island View School, and 3rd place winner Jennifer Smith of Glen Falls School; Grade 3: 1 st place winner Christine Flynn of M. Gerald Teed School, 2nd place winner Jeffrey Mott of Island View School, and 3rd place winner Tara Morrell of Glen Falls School; Grade 4: 1 st place winner James Burns of St. Patricks School, 2nd place winner Tamara Chase of Princess Elizabeth School, and 3rd place winner Sean Loughery of St. Patricks School; Grade 5: 1 st place winner Katie Ferrar of Lakewood School, 2nd place winner Jennifer Bennett of Lakewood School, and 3rd place winner David Cormier of Glen Falls School; and Grade 6: 1 st place winner Mindy Reid, 2nd place winner Stephanie Elder, and third place winner Chris Conwell, all of St. Patricks School. Consideration was given to a letter from Mayor Wayne, which was tabled on May 19, 1992 for consideration by the incoming Council, submitting a proposed schedule of bi-weekly Council meetings for June, July and August, with the first meeting in September to be held on Tuesday, September 8 at 4:00 o'clock p.m., and meetings thereafter to revert to the normal schedule of alternate 7:00 o'clock and 4:00 o'clock p.m. meetings. On motion of Councillor Coughlan Seconded by Councillor Chase RESOLVED that the above-submitted schedule for bi-weekly Council meetings for June, July and August be adopted. Councillor A Vincent expressed the opinion that, because of delays in planning, such applications should be considered weekly by Council at 7:00 o'clock p.m. meetings, and the Mayor noted that the agenda review committee will be submitting recommendations to Council for consideration with respect to the Council agenda format. Councillor Knibb noted that, while traditionally the practice of bi-weekly meetings has been in place for the months of July and August, the proposed schedule now includes the month of June, and suggested that this leaves a different message from that given by the Mayor in her remarks at the May 25 Swearing-In Ceremony which spoke about seven days a week of duty. 83-553 COMMON COUNCIL JUNE 1, 1992 Question being taken, the motion was carried with Councillors Knibb and A Vincent voting "nay". On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that the letter from Mayor Wayne submitting a letter from Mayor Judy Gordon of the Town of Lacombe, Alberta, requesting a donation of one tree as a living tribute in memory of Roland B. Michener, late Governor General of Canada, and Canada's 125 Birthday; and recommending that the City donate one tree as requested -- be received and filed and the recommendation adopted. The type of tree to be purchased was questioned to which the Mayor confirmed Deputy Mayor McAlary's suggestion that it be a spruce tree. Question being taken, the motion was carried. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne submitting a copy of photographs of a skateboard facility in Sept-Isles, Quebec, one of which depicts the rules and regulations for those who use the facility at their own risk; noting that sometime ago a group of young people in the City requested a skateboard facility and that the report submitted to Council in this regard concerned the legal responsibility of the City if a person was injured; and suggesting that the City Manager and appropriate City staff be asked to look into the possibility of a skateboard facility for the City -- be received and filed. The Mayor advised that Mr. Robichaud has informed her that the City is putting a skateboard ramp in the Charles Gorman Arena, and displayed a photograph of the ramp, and suggested that the community centres should be made aware of the skateboard ramp. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the letter from Mayor Wayne proposing that Council follow the system used during the term of the past Council which rotated the members of the Nominating Committee on an annual basis thereby giving an opportunity for all Council members to serve on the Committee during their term of office, and that, in addition to the Mayor and Deputy Mayor, the following appointments to the Nominating Committee be approved:- 1992 - Councillors Chase, A Vincent and Gould; 1993 - Councillors Coughlan, Rogers and Knibb; and 1994 - Councillors Trites, Landers and M. Vincent -- be received and filed and the recommended appointments be adopted. Question being taken, the motion was carried. Read a letter from Mayor Wayne submitting a memorandum from Frederick J. Martin, Executive Director of Cities of New Brunswick Association, Inc., regarding membership on the Board of Directors and Standing Committees; noting that former Councillor Edis Flewwelling served on the Executive Committee, and his membership on this Committee is very much appreciated; asking that Councillor Joseph Coughlan replace Edis Flewwelling on the Association's Executive Committee; and advising that she will submit a further letter with respect to Council membership on the Association's Standing Committees. 83-554 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Gould Seconded by Councillor Trites RESOLVED that Councillor Coughlan be appointed to the Executive Committee of Cities of New Brunswick Association, Inc. Question being taken, the motion was carried. Consideration was given to a letter from Mayor Wayne regarding Council members' attendance at the forthcoming Annual Conference of FCM. On motion of Councillor M. Vincent Seconded by Councillor McAlary RESOLVED that authority be granted for payment of the per diem rate under Council's Salary By-Law to the Mayor and Councillors Coughlan, Landers and Rogers, who are attending the Federation of Canadian Municipalities Annual Conference in Montreal, Quebec, from June 5 to June 8, 1992. The Mayor advised that the Dartmouth, Nova Scotia, Council limits the number of Council members attending FCM to one, as has the Edmundston Council, and suggested that Common Council should decide on the number of Council members to attend meetings. Question being taken, the motion was carried. Read a letter from Councillor Landers requesting that Council ask staff to determine what rules and regulations, if any, are in effect for the Brookville quarry and what monitoring is done of this operation, in that information she received indicates that up to 170 trucks per day are in and out of this facility and some are exceeding the speed limit, and are uncovered which allows the dust and debris to fall out in the surrounding area; and asking what the City can do to protect the individual homeowners from such a nuisance. On motion of Councillor Landers Seconded by Councillor Rogers RESOLVED that the above letter from Councillor Landers be referred to the City Manager and appropriate staff for a report to Council. Question being taken, the motion was carried. Consideration was given to a letter from Councillor Landers asking Council to request as soon as possible the following information for the residents of Champlain Heights:- (1) from the Irving Refinery, a full report as to the ongoing problems related to the fallout and obnoxious odours and other related matters, and how long it will be before the residents of East Saint John will be free of such problems; (2) from the Department of the Environment through the Minister, a full report in relation to the monitoring of the Refinery and the air quality in the area; and (3) the cost to the City for the crews to be brought in this past weekend for road and sidewalk cleaning as a result of the incident at the Refinery. The Mayor commented on her meeting with The Honourable Jane Barry, Minister of the Environment, at the time of the fallout incident, and expressed the understanding that the Irvings are to pay for the City's equipment and employees, with no charge to the City whatsoever, and advised that the substance which came from the break-down of the catalytic convertor has been sent out for testing for a report in this regard, and that a full report can be obtained on the break-down within the Refinery. 83-555 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Landers Seconded by Councillor Coughlan RESOLVED that the above letter from Councillor Landers be referred to the City Manager for a report to Council for consideration and subsequent referral to the East Saint John residents. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letters from the Saint John Board of Trade and the Rotary Club of Rothesay Kings, in support of the Marco Polo Project, be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the Statistics Canada information on the final results from the 1991 Census of Population which were officially released by Statistics Canada on April 28, be received and filed. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Landers RESOLVED that the letter from the Five- Star Community Award Selection Committee expressing appreciation, on behalf of the Board of Directors of National Access Awareness Week and co-sponsors of the Awards, the Federation of Canadian Municipalities, for the City's interest in the Awards and in disability issues generally; and advising that the City can expect a call from staff of this National Access Awareness Week project who may wish to clarify the data contained in individual applications -- be received and filed. Councillor Landers, a member of the Saint John Ability Advisory Committee, noted that the Committee is applying for the Five-Star Community Award, and advised that Committee members have made the observation that the City Hall building is not easily accessible to disabled persons. (Councillor Trites withdrew from the meeting.) Question being taken, the motion was carried. In response to the Mayor, Mr. Robichaud advised that garbage which was scheduled for collection on this date will be collected on June 2 assuming that employees are back to work. (Councillor Trites re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, authority be granted for payment of the following construction progress certificate, namely:- 1. Contract 90-8, Lancaster Wastewater Treatment Plant apron Maritime Construction Ltd. Original estimated value of contract Total work done, Estimate Number 13 (Final) $3,284,614.00 $3,913,835.80 83-556 COMMON COUNCIL JUNE 1, 1992 Retention Payments previously approved Sub-Total G.ST Component Sum recommended for payment, Progress Estimate Number 13, dated May 26, 1992 Final holdback release of deficiency holdback. Nil 3,898,835.80 15,000.00 1,050.00 $ 16,050.00 Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, authority be granted for payment of the invoice of Saint John Hilton, in the amount of $13,772.90, to cover services for the New Brunswick Turfgrass Conference held in March 1992. Question being taken, the motion was carried. Consideration was given to a report from the City Manager regarding the May 19 tender award for uniform clothing for the Fire Department, and the letter (which is on the agenda of this meeting) from Fairville Department Store requesting permission to withdraw its tender on the supply of 45 nylon jackets at a price of $78 each as an error was made in pricing by the manufacturer's representative who quoted the Company a price which was much lower than the actual price; advising that the next lowest bid, meeting specifications, was submitted by Hoffman's Ltd., in the amount of $82.50 each, and that, as it is staff's finding that the error in bidding by Fairville Department Store was beyond its control, penalization is not recommended, and also that the extra cost to award this section of the tender to Hoffman's Ltd. is $202.50; and submitting a recommendation in this regard. Consideration was also given to the above-mentioned letter from Fairville Department Store requesting permission to withdraw its tender. On motion of Councillor M. Vincent Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the request of Fairville Department Store to withdraw its bid for 45 pea jackets be granted, and that the tender for the supply of 45 pea jackets be awarded to Hoffman's Ltd., at a cost of $82.50 each. Councillor Gould asked if it is the intent to return to Fairville Department Store its bid deposit, to which Mr. Hanlon indicated in the affirmative in that staff is not suggesting that the Company should be penalized for its error. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that the letter from Fairville Department Store requesting to withdraw its tender for #8 pea jackets for the Fire Department -- be received and filed and its bid deposit be returned. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, the tender of Stanchem/CIL, at a price of $97.24 per 68 kilogram cylinder 83-557 COMMON COUNCIL JUNE 1, 1992 and $408.24 per 907.2 kilogram cylinder, be accepted for supplying liquid chlorine on an as-required basis for a period of one year, and that staff be authorized to spend $63,180.80 plus taxes for this product. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Gould RESOLVED that as recommended by the City Manager, the tender of Apex Machine Works Ltd., in the amount of $23,679, including taxes, be accepted to replace two wood sectional overhead doors at each of the 175 Rothesay Avenue and Grandview Avenue Works Buildings. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor A Vincent RESOLVED that as recommended by the City Manager, the tender of Hoffman's Ltd., in the amount of $73.95/pair, plus 7% GST, be accepted for the supply of Kaufman #270-0465 safety work boots, on an as- required basis for a period of one year, and that staff be authorized to spend up to $29,580, plus tax, for this product. Question being taken, the motion was carried. Read a report from the City Manager recommending that the tender of Regent Construction Ltd., in the amount of $37,500, including taxes, be accepted for renovations to the #6 Fire Station, King Street West. On motion of Councillor M. Vincent Seconded by Councillor Knibb RESOLVED that the second lowest tender, being that of R. A Woods Construction Ltd., in the amount of $37,915, be accepted for renovations to the #6 Fire Station, King Street West. In response to Councillor Rogers, Mr. Todd advised that Phase I of the above work was done in 1991 at a cost of about $35,000, and that there is minor work still to be done on the heating system which is expected to be included in next year's Capital Budget. Councillor Trites asked the policy with respect to awarding a tender to the second lowest tenderer versus the lowest tenderer, to which the Mayor replied that, while the City does not have a local preference policy, the policy is that staff recommends the lowest tender meeting specifications which Council can change if it wishes. Councillor Trites expressed support of the above motion on the basis that the lowest and second lowest tenders are so close in price, and that R. A Woods Construction Ltd. carried out Phase I of the renovations which is probably in line with a uniform job from start to finish. Mr. Rodgers made the observation that the danger of awarding a tender on the basis of local preference has been previously pointed out to Council; however, if there are other reasons which are justifiable for awarding to other than the lowest tender meeting specifications, then that is likely to stand the test. Question being taken, the motion was carried with the Mayor voting "nay". On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $240,000, be accepted from R. W. Tomlinson Ltd. as security to ensure the rehabilitation of the gravel pit at 170 Ashburn Road. 83-558 COMMON COUNCIL JUNE 1, 1992 Question being taken, the motion was carried with Councillor A Vincent voting "nay". With regard to Councillor A Vincent's comments about the amount of the above security, Mr. Johnson advised that, with one exception, all of the several companies which get permits pursuant to section 880 of the Zoning By-Law are treated exactly the same, the one exception being a site that is completely different from the others which is on Bayside Drive. The Mayor suggested that Councillor A Vincent should put an item on the agenda of the next Council meeting in this regard, and noted that Council is now ready to consider the next item of business, having taken the vote on the Tomlinson security amount. (Councillor Coughlan withdrew from the meeting.) On motion of Councillor Rogers Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, a sum of money, certificate of deposit, letter of credit or guarantee in the amount of $12,000, be accepted from Fundy Bay Holdings as security to ensure the rehabilitation of the gravel pit at 460 Latimore Lake Road. Question being taken, the motion was carried. Consideration was given to a report from the City Manager advising that Fred Buckley of 43 Brown Street has made application to enclose a porch on his property and is unable to economically provide the compensating storage; and submitting a recommendation in this regard further to Common Council resolution of September 23, 1991 allowing payment in lieu of compensatory flood storage. On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that as recommended by the City Manager, whereas Mr. Fred Buckley of 43 Brown Street (NBGIC Number 299370) has proposed to construct a new development for which the applicant cannot economically provide compensating flood storage, the City of Saint John will accept $9.26 in lieu of the compensating flood storage as provided for by Section 41.2.(6) of the Community Planning Act: AND FURTHER that the matter of a specific value being placed on the compensating amount as discussed be referred to the City Solicitor for review. (Councillor Coughlan re-entered the meeting.) Councillor Rogers made the observation that it would probably cost the City five times more than the above amount in staff time to process the payment, and Councillor M. Vincent suggested that staff should review the matter to determine if there could be a specific value included in the By-Law at which the By-Law would become applicable thereby making it reasonable to process. Mr. Johnson advised that the Legal Department reviewed this matter on the basis suggested and, according to his recollection, the legislation was prepared in such a manner so that Council must make the decision; and he proposed that Council could refer the matter to the City Solicitor for review. Question being taken, the motion was carried. Read a report from the City Manager referring to Council's August 6, 1991 request for staff to examine the safety of the intersection of Marlborough Avenue and Rothesay Avenue; advising that traffic counts done and accident records reviewed indicate that, although there have been accidents in the area, only approximately one quarter (two to three accidents per year) are of the type that might be eliminated with traffic signals, and a traffic engineering analysis of the intersection has shown that the warrant (or guideline) for the installation of traffic signals is almost met and any slight increase in traffic on either or both streets would result in the warrant being met; 83-559 COMMON COUNCIL JUNE 1, 1992 suggesting that the installation of traffic signals would be appropriate this year and curbing should be considered in order to properly define street edges and driveways thus helping to ensure that the signalized intersection functions safely and efficiently, at a cost of $30,000 and $60,000 respectively; and submitting a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, staff proceed with the installation of traffic signals at the Rothesay Avenue/Marlborough Avenue intersection as part of the 1992 Capital Program, and that the street work on Marlborough Avenue at an estimated cost of $60,000 be considered for the 1993 Capital Program. Councillor Trites asked if staff has considered both the regular type of traffic light and the vehicle-activation type of light whereby the light on Rothesay Avenue would turn red only on the approach of a vehicle from Marlborough Avenue; to which Mr. Armstrong replied that, while consideration will be given to the latter type of light, the traffic volume seems to indicate that there is enough of a problem to warrant, in effect, a typical set of lights. Question being taken, the motion was carried. Read a report from the City Manager referring to the letter from Ellen Brennan, considered by Council on April 13, suggesting that fees charged at the Golf Course should be reduced for Saint John residents; commenting on the advantages of the Rockwood Park Golf Course which lead, along with the knowledge that the Golf Course is drawing users from other courses, to only one conclusion, that being that the City is not losing very many citizens because of prices; also commenting on the matter of operating cost recovery; and advising that any programs introduced at the Golf Course or in any of the recreation venues must have as their primary objective the attraction of new users, whether they be citizens or not, and consideration must also be given to the costs related to the implementation and ongoing administration of any new programs. The report expresses the opinion that a citizenship discount program will not attract sufficient new users to offset the cost of running such a program; notes that, if the City should decide to provide reduced fees to residents based on its subsidizing the Course, it must be remembered that further subsidies would be needed to offset the reduced fees; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that as recommended by the City Manager, the fees not be reduced for residents for usage of the Rockwood Park Municipal Golf Course and that staff be directed to explore other avenues of increasing or achieving self-sufficiency. Question being taken, the motion was carried. Consideration was given to a report from the City Manager referring to Council's May 19 request for staff to provide a report regarding the collection of garbage when the regular garbage pick-up day falls on a holiday, and about the possibility of rotating garbage collection days; explaining staff's position that, operationally, the preferred option is asking citizens to hold their garbage for one week in the event of holidays; and submitting a collection schedule for 1992 which includes some "next day" collection and some "hold for one week" collection, in an effort to balance the concerns of the citizens with the operational realities. The report advises that staff is not in favour of the procedure of rotating the garbage collection days to produce a more equitable distribution of missed days as it would lead to too much confusion for the affected citizens; and also advises that the additional cost to collect garbage on the "next day" basis as opposed to a "hold for one week" basis is approximately $4,000 for each holiday, although the operational concerns and not cost are the major reason for staff's preference to not pick up on a "next day" basis in all situations; and recommends that this report be received and filed. 83-560 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the above report be received and filed. Question being taken, the motion was carried with Councillor A Vincent voting "nay". Read a report from the City Manager regarding the matter of water and sewerage services in the Greenwood Subdivision, which has been an issue since last September when the residents were informed by the operator of the private systems that he intended to cease operations effective December 31, 1991 and the residents appealed to Common Council for assistance; and outlining the position of the Residents Committee, the developer and the Province with respect to the following proposed solution as follows:- (1) the City would take over operation of the present sewerage system and bill the residents under the provisions of the Water and Sewerage By-Law for sewerage services only, the current rate being $130 per year, and the City would also act as the administrator of the phasing out of the present operation, including all surveys, necessary reports and obtaining various approvals; (2) the homeowners would be responsible for drilling their own individual wells to secure their own source of water supply, and grant any necessary easements to the City for the sewerage system, and would be required to pay their outstanding accounts with the developer; (3) the developer would turn over the sewerage system and the necessary land containing the sewage treatment plant to the City free of charge, and also be required to operate the existing water supply until all residents have drilled their own wells, which must be done without undue delay; and (4) the Province would participate by making a financial contribution through the City to the residents in the form of a grant of $1,000 per household to help offset the cost to the residents and, through the Minister of the Environment, release the developer from his obligation under the Clean Environment Act at the appropriate time. The report concludes that staff has attempted to develop a solution to the situation that would result in what was felt to be the best long-term arrangement for all concerned parties, but has not been successful in reaching agreement to the proposed solution in that the Residents Committee agreed except for the fact that it requested staff to attempt to secure $2,000 per household from the Province and now suggests that it wants the City to take over both services and simply replace the developer, and the City has been advised that the Province is not willing to participate; expresses the opinion that the City should avoid becoming involved in the existing water supply system but could consider accepting the sewer system and operating that under the terms of the By-Law; and submits a recommendation in this regard. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, the City offer to assume ownership of the existing sewer system in Greenwood Subdivision from the developer, and that the Mayor and Common Clerk be authorized to execute an agreement to effect the transfer of ownership, with the City to be responsible for the preparation of any necessary documents; also that a copy of the City Manager's report in this regard be forwarded to the Residents Committee of Greenwood Subdivision for its information, and further that Mr. Stuart Jamieson, M.L.A, be requested to pursue the water problem with the Minister of the Environment through the Environmental Trust Fund. The Mayor advised that M.L.A Stuart Jamieson is dealing with the water situation with The Honourable Jane Barry, Minister of the Environment, for possible funding through the Environmental Trust Fund to assist the residents of Greenwood Subdivision. In response to Councillor A Vincent as to when Council can expect to receive a detailed report on the cost of the above proposal, Mr. Robichaud replied that, as soon as the City obtains all the details from the present owner relative to the sewerage system, Council will be advised of the total cost, and that it is expected that there will be upgrading to be done, as well as possible sewer replacement and work on the treatment plant. Councillor M. Vincent expressed concern that, while Mr. Robichaud has indicated that the above report makes the assumption that the City will 83-561 COMMON COUNCIL JUNE 1, 1992 take over the sewer system with the understanding that the water system is carried on by the developer or the residents, the report does not state that, nor does the recommendation reflect the assumption. The Mayor suggested that the motion should request Mr. Stuart Jamieson to pursue the water problem with the Minister of the Environment through the Environmental Trust Fund, and the mover and seconder of the proposed motion agreed to add this to the motion. Question being taken, the motion was carried. Consideration was given to a letter from the Chief of Police submitting correspondence from Douglas McQuinn of the Fund Raising Committee for Saint John and Western District Crime Stoppers appealing to the City for a financial contribution; providing information on this organization, and noting that the City in both 1990 and 1991 contributed $3,000 to it. On motion of Councillor Knibb Seconded by Councillor M. Vincent RESOLVED that a grant of $3,000 be approved for Saint John and Western District Crime Stoppers. Question being taken, the motion was carried. Read a report from the City Solicitor submitting a proposed amendment to the City Market By-Law to provide for opening on Sunday, June 14, 1992, further to a report from the City Manager to Council on May 4 requesting Council's support of the New Brunswick Craft Association Artisans show and sale on June 14; suggesting that, while the amendment would permit the City Market to be open, individual operators in the Market should check with appropriate Provincial officials to determine whether or not the Provincial Days of Rest Act exempts their particular operation; and concluding that the Deputy Market Clerk has been informed of the Days of Rest Act and the requirement of the individual operators to comply. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the by-law to amend the City Market By-Law, with respect to a Sunday, June 14, 1992 opening, be read a first time. Question being taken, the motion was carried. Read a first time the by-law to amend the City Market By-Law. On motion of Councillor Gould Seconded by Councillor Coughlan RESOLVED that the by-law to amend the City Market By-Law, with respect to a Sunday, June 14, 1992 opening, be read a second time. Question being taken, the motion was carried. Read a second time the by-law to amend the City Market By-Law. Read a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation regarding the submitted application of David McEachern, for property at 701-705 Brunswick Drive, have been completed, and that the required waiting period for objections expired on May 27, with no written objections having been received. 83-562 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the application of David McEachern for a Municipal Plan amendment and re-zoning of property at 701-705 Brunswick Drive be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 6, 1992. Question being taken, the motion was carried. Consideration was given to a letter from the Common Clerk referring to Common Council resolutions of May 4, 1992 giving first reading to the by-law entitled, "Saint John Smoking By-Law", and for the establishment of a date for presentations by interested citizens or groups concerning the proposed by-law; suggesting that, due to the number of inquiries received in this regard and the public hearings scheduled for June 8 and June 22 meetings, Council may wish to establish another date for the hearing of presentations on the by-law; and concluding that, once a date has been established by Council, notice will be given through the City's Information advertisement in the local newspaper. The Mayor suggested that Council should hear presentations at a time or times other than regular Council meeting dates. Councillor Coughlan proposed that the presentations be scheduled for the fall of 1992; and Councillor A Vincent suggested that a location other than the Council Chamber should be used for the hearings due to its limited seating capacity. On motion of Councillor Coughlan Seconded by Councillor Landers RESOLVED that presentations on the proposed smoking by-law be scheduled for the fall of 1992 at times other than regular Council meeting dates and in a location other than the Council Chamber. Mr. Rodgers confirmed Councillor Trites' observation that, although first reading has been given the proposed by-law, this does not preclude changes to the by- law for second and third readings in the event that public presentations come forth with options other than those proposed, although it might be necessary to go back to first reading should the amendments become so extensive that an entirely new by-law is proposed. Mr. Brown advised that he would make available for the newly-elected Council members a copy of the report from the Environment Committee, which included six options for consideration. 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 May 4, 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 Mr. N. Barfoot be appointed as the City's nominee to the board of arbitration of the Local Union No. 771, I.AF.F. grievance concerning temporary assignments. June 1, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 83-563 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that the above report be received and filed and the recommendation therein be adopted. Question being taken, the motion was carried. Read report of the Committee of the Whole (as follows) To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee begs leave to report that it sat on May 19, 1992, when there were present Mayor Wayne and Councillors Coughlan, Fitzpatrick, Flewwelling, Gould, Knibb, Landers, Rogers, A Vincent and M. Vincent, and your Committee submits the following recommendations, namely:- 1. That a grant of $2,500 be approved for Radio 98 Lite FM with respect to its Canada 125 registered event, "Canada 125 Coast to Coast Birthday Party", involving the broadcast of its morning show live from 13 different cities across Canada, beginning June 15, 1992 in St. John's, Newfoundland. 2. That as recommended by the City Manager, Common Council extend the timeframe for start-up of B.L.E.U. Non-Profit Housing Inc.'s project at Blue Rock Hill (application 89-8) in order to qualify for Housing Through Infill Development funding to December 31, 1992. 3. That as recommended by the City Manager, Jim Chamberlain of RE/MAX Professionals (1989) Ltd. be advised that the City has no interest in the acquisition of the property, owned by Irving Oil Ltd., on the corner of Champlain Drive and Grandview Avenue. 4. That Paul Grannan be given permission to erect and operate a stage on North Market Wharf for the period May 19, 1992 to September 13, 1992, and that a letter of agreement be signed that includes the terms and conditions included in the submitted draft agreement. 5. That as recommended by the City Manager, Cones Ice-Cream Ltd. be permitted to locate a kiosk in the Market Slip area to sell ice cream and related products, for the period June 1 to September 15, 1992, at a fee of $100 per month, or part thereof. 6. That as recommended by the City Manager, the City re-enter and repossess the premises on Pokiok Road rented to R & R Wrought Iron Ltd. for non- payment of rent. 7. That Council authorize an expenditure of $2,800 for the performance of a site condition study of the Women's Christian Temperance Union Monument by Mr. Fred Pellerin of Designer Services & Consultants of Dieppe. 8. That as recommended by the City Manager, Phase 2 of the Municipal Exchange Program, be undertaken, encompassing two members of City staff being deployed to develop appropriate accounting and billing procedures for the Town of Roseau, Dominica, as outlined by the City Manager. June 1, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. (Councillor Chase withdrew from the meeting due to a possible conflict of interest. ) 83-564 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Rogers Seconded by Councillor Coughlan RESOLVED that section 1 of the above report be adopted. Question being taken, the motion was carried with Councillors Gould and M. Vincent voting "nay". (Councillor Chase re-entered the meeting.) (Councillor A Vincent withdrew from the Council meeting due to a possible conflict of interest.) On motion of Councillor Rogers Seconded by Councillor Trites RESOLVED that section 2 of the above report be adopted. The Mayor clarified that the above motion does not change the June 30, 1992 date given B.L.E.U. Non-Profit Housing Inc. as the deadline to finalize its proposal; however, because approval of the H.I.D. grant extension to June 30 would mean that the construction would have to commence by that date, the recommendation indicates December 31, 1992; and Mr. Rodgers, in noting that there are three or four issues which are not easy to resolve in this matter, confirmed that, as the Company indicated that it would have something definite by June 30 and in order to see what is done, he recommended the June 30, 1992 date because to take steps otherwise would mean that June 30 would come and go before the issue could be resolved any other way anyway. Question being taken, the motion was carried. (Councillor A Vincent re-entered the meeting.) On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 3 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Coughlan Seconded by Councillor M. Vincent RESOLVED that section 4 of the above report be adopted. Mrs. Munford clarified that clause 16 of the proposed letter of agreement, which was inadvertently omitted during photocopying of the submitted draft agreement, provides for a letter of credit for $7,500 to ensure performance of the agreement, including the payment for extra cleaning and security. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Rogers RESOLVED that section 5 of the above report be adopted. Question being taken, the motion was carried. 83-565 COMMON COUNCIL JUNE 1, 1992 On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that section 6 of the above report be adopted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor M. Vincent RESOLVED that section 7 of the above report be adopted. Councillor Knibb expressed opposition to the proposed expenditure because, while he is grateful for the historic heritage of the City, in his opinion, there is no hope of the Monument being renovated and it is unattractive in any event. Deputy Mayor McAlary asked if there will be further work done on the Monument after the site condition study is done to which the Mayor replied that the City has a photograph and pieces of the Monument and, after the number of pieces missing is determined, a costing will be done with respect to proceeding further. Question being taken, the motion was carried with Councillor Knibb voting "nay". On motion of Councillor Coughlan Seconded by Councillor Rogers RESOLVED that section 8 of the above report be adopted. Mr. Brown, in noting his and the Mayor's March 1992 visit to Roseau, Dominica under the Municipal Exchange Program, advised that there is no cost to the City for this Program other than professional staff time, and there is an opportunity perhaps, subject to evaluation, of contributing a stand-alone computer and software which may very well assist the people in developing a better system than what they have. 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 Tuesday, May 26, 1992, when there were present Mayor Wayne and Councillors Chase, Gould, Knibb, Landers, McAlary, Trites and A Vincent, and your Committee submits the following recommendation, namely:- 1. That as recommended by the City Manager, (1) Council delete the position of Assistant City Manager - Development from the establishment; (2) Council delete the position of Director of Planning from the establishment; and (3) Council appoint Mr. Stephen Bedford to the position of Commissioner of Development Services (salary range $65,025 - $73,892). June 1, 1992, Saint John, N.B. Respectfully submitted, (sgd.) Elsie E. Wayne, C h air man. 83-566 COMMON COUNCIL JUNE 1, 1992 Mrs. Munford advised that, with the concurrence of the City Manager, a section is to be added to the above recommendation to add the position of Commissioner of Development Services to the establishment prior to the appointment to the position. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager, (1) Council delete the position of Assistant City Manager- Development from the establishment; (2) Council delete the position of Director of Planning from the establishment; (3) Council add to the establishment the position of Commissioner of Development Services; and (4) Council appoint Mr. Stephen Bedford to the position of Commissioner of Development Services (salary range $65,025 - $73,892). Mr. Brown explained that it was decided in developing the 1992 budget that the City should not offer "quick-fix" solutions which only impacted the 1992 budget, with one of the sections developed in the budget being a number of areas where the administration together with Council was to review the possibility of doing business differently, more effectively and more efficiently, such as the Rockwood Park Golf Course breaking even over a certain period of time, and the organizational structure and size, and that the above recommendation deals with the latter area; and also that the above proposal would mean that the establishment of one new senior management position would replace two senior management positions, representing a net reduction of senior management by one position at approximately $60,000 a year for that position. Mr. Brown also explained that, in essence, the recommendation envisages going back to the system that was in place when he first was employed by the City, that being a Commissioner of Community Planning and Development responsible for Housing and Property Management, Building Inspection and Planning, with the difference being that, while he had the benefit of a Deputy Commissioner of Planning available to assist him when he held that function, it is now being recommended that that position be deleted. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the 1991 Annual Report of the Saint John Aquatic Centre Commission be received and filed. Question being taken, the motion was carried. On motion of Councillor Chase Seconded by Councillor Coughlan RESOLVED that the letter from members of the Animal Rescue League advising that there has been some recent difficulties in the conduct of the Board of Directors, in particular, the conducting of a meeting in January, although some members were told there was no meeting, at which the Board purported to change the by-laws, among which is a new provision that states, "The position of Secretary, Treasurer and President shall be paid an honorarium of not less than $500.00 per year", which is a complete change of policy for a voluntary charitable organization, with no limit to the amount of the honorarium; and asking if Council would direct action to review the matter and determine why the League should have a by-law providing for a mandatory payment to three elected offices, and to ensure that the City's money is not being used to pay the volunteer President and others -- be referred to the City Manager for discussion with Animal Rescue League members and a report to Council. The motion first proposed was that an investigation be carried out by staff with a report to Council as soon as possible; such motion subsequently changed to that above, with the consent of the mover and seconder, following Mr. Rodgers' observation that, while the Animal Rescue League is an organization to which Council 83-567 COMMON COUNCIL JUNE 1, 1992 gives a grant and it acts as the City's pound keeper, he is curious about the City's right to get involved in an investigation into an organization, although Council certainly would have every right to pursue the matter in a sense of dealing with any future grants to determine from the membership what has been done with its concern; and his suggestion that Council, at this stage, should suggest to the League membership that it examine its by-laws, if it has any, to see what rights the membership has to look into its own organization. The Mayor asked that the motion be to refer the matter to the City Manager for discussion with members of the League and a report to Council, and Mr. Rodgers clarified that the point he is dealing with is that he would not want to see an inquiry conducted at this point on the City's initiative. Councillor Trites suggested that, based on his understanding that this is the first time that this issue is being dealt with at any point within the City, it would be much more efficient if a way could be found to acknowledge correspondence of this nature and then refer it to City staff prior to placing the matter on the agenda, in that Council presently is dealing with only one side of the matter which has now become a public issue simply by having it on the agenda; and also suggested that the committee established to review the agenda should consider this matter on the basis of the appropriateness of having the City staff report in Council's hands prior to dealing publicly with such matters. The Mayor noted that there is a Council policy related to routine agenda items, and during discussion Mr. Rodgers expressed the opinion that the above letter is a poor example to use for application of the general policy for routine agenda items in that the League is an organization, separate from the City, and the letter is referring to something occurring within that organization that the League should look into, based on its own rules and regulations; therefore, for that reason he does not see this letter as the type of letter in which the City Manager is developing for his policy in which letters that are received are handled by staff and later reported on to Council. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Coughlan RESOLVED that the application of 048793 N.B. Ltd. doing business as Regency Taxi for a Zoning By-Law text amendment with regard to 24 Taylor Avenue be referred to the Planning Advisory Committee for a report and recommendation and that the necessary advertising be authorized in this regard, with the public hearing to be held on July 20, 1992. Question being taken, the motion was carried. On motion of Councillor Rogers Seconded by Councillor Knibb RESOLVED that the letter from Saint John Medical Clinic, Inc. advising that it would appear, after discussion with the City Planning Department, that it does not require a Zoning change to commence the operation of a pharmacy dispensary in its building at 299 Metcalf Street, and is therefore requesting to withdraw its application for the change, which was considered by Council on May 19 -- be received and filed and the request to withdraw the application be granted. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor McAlary RESOLVED that the letter from the Office of the City Clerk, Vancouver, British Columbia, advising of a resolution adopted by Vancouver City Council on April 28, 1992, calling on the Federal Government to make real and much more substantial reductions in its expenditures for military and defense purposes -- be received and filed. Question being taken, the motion was carried. With regard to the letter from Mr. Eric L. Teed regarding New Brunswick Day, the Mayor advised that City staff has been working closely with the Province of 83-568 COMMON COUNCIL JUNE 1, 1992 New Brunswick which is taking the lead on New Brunswick Day and that the activities are being focused around The New Brunswick Museum. On motion of Councillor Rogers Seconded by Councillor McAlary RESOLVED that the letter from Mr. Eric L. Teed suggesting that the City initiate action to establish a citizens' committee to determine in what manner and how best New Brunswick Day can be observed for the greatest enjoyment of a resident at the least cost to the City taxpayer -- be received and filed and the City carry on in the manner in which it has in previous years. Question being taken, the motion was carried. On motion of Councillor Gould Seconded by Councillor Knibb RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. Common Clerk